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HomeMy WebLinkAboutCCMPacket2020-11-24Amended 11-23-20 CITY COMMISSION MEETING AGENDA FOR NOVEMBER 24, 2020 5:30 PM VIDEO AND/OR AUDIO TELECONFERENCE MEETING 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 return to the City Clerk’s Office no later than 3:30 p.m. on the day of the Commission Meeting. The Mayor will call on you to speak during the Public Comments section of the Agenda ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS 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 November 10, 2020 B.Receive & File Documents C.Personnel Actions D.Accept donation of property at 1331 Broadway - B LAIRD II. MUNICIPAL ORDER(S) A.Approval of Tolling Agreement between Jim Smith Contracting Company, LLC, JSC Terminal, LLC and City Paducah - R MURPHY B.Approve Artwork Design for Water Tank - G WATKINS III. ORDINANCE(S) - ADOPTION A. Consensual Annexation of 3660 Olivet Church Road - T TRACY B. Professional Services Contract with BFW Engineering, Inc. for South 25th Street Project for $89,180.00 with the option of South 24th Street Project for $70,959.00 - R MURPHY C. Amendment in the amount of $81,500 to Professional Engineering Service Agreement with HDR Engineering, Inc. for the City's Flood Control Pump Stations #2 and #9 - R MURPHY IV. ORDINANCE(S) - INTRODUCTION A.Closure of Two Alleys Extending West of Northview Street Onto the Paducah-McCracken County Joint Sewer Agency Property Located at 621 Northview Street - R MURPHY V. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VI. EXECUTIVE SESSION November 10, 2020 At a Regular Meeting of the Board of Commissioners, held on Tuesday, November 10, 2020, at 5:30 p.m., Mayor Brandi Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). In order to keep the Commission and public safe in the midst of the COVID-19 outbreak and in accordance with Kentucky Executive Order 2020-243 and SB 150, all members of the Board of Commissioners participated using video and/or audio teleconferencing. The public was invited to view the meeting on the government access channel Government 11 (Comcast channel 11). The meeting was also streamed on the City’s You Tube channel for the public’s convenience. Further, members of the public were invited to participate in the meeting to make public comments by joining the virtual teleconference. INVOCATION: Commissioner McElroy led the Invocation. PLEDGE OF ALLEGIANCE Commissioner Abraham led the pledge. PRESENTATION Public Information Officer Pam Spencer, offered the following summary of the presentation by Sharon Poat of Midtown Alliance of Neighbors: “Executive Director Sharon Poat with the Midtown Alliance of Neighbors provided an update to the Paducah Board of Commissioners. Midtown Alliance of Neighbors is a 501(c)(3) that began in 2008 out of the City’s revitalization efforts in the Fountain Avenue Neighborhood. Since that time, Midtown Alliance has been involved in a variety of initiatives to support potential and current homeowners including neighborhood workshops, the cleanout and maintenance of city-owned properties to prepare them for new owners, the salvaging of building materials, repair affair events, and rehabilitation assistance for low-to-moderate income homeowners. Poat said, “What has happened here with neighborhood revitalization is a model for other communities to follow.” New programming for Midtown Alliance includes the quest to become designated as a Community Housing Development Organization (CHDO) which would qualify Midtown Alliance for housing funding. In 2019, Midtown Alliance also launched the Fountain Avenue Neighborhood Homebuyer program with homes under construction and to be constructed at the corner of North 14th and Harrison streets near the Pat & Jim Brockenborough Rotary Health Park. Poat also outlined the City’s catalyst funding over the past few fiscal years and how the funds have been assisting Midtown Alliance’s mission.” CONSENT AGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed for separate consideration. There were no items removed. Mayor Harless asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the October 27, 2020 Paducah Board of Commissioners Meeting November 10, 2020 I(B) Receive and File Documents: Minute File: 1. Notice of Meeting of the Board of Commissioners – October 27, 2020 2. Resolution – Action Taken at March 31, 2020 Board Meeting – FEMA – Flood and Severe Weather Events Contract File: 1. Contract For Services FY 2021 - Yeiser Art Center – signed by CM 2. Contract For Services FY 2021 - National Quilt Museum – signed by CM 3. Contract For Services FY 2021 - River Heritage Museum d/b/a River Discover Center – signed by CM 4. Contract For Services FY 2021 - Market House Theatre – signed by CM 5. Contract For Services FY 2021 – Paducah Symphony Orchestra – signed by CM 6. Contract For Services FY 2021 – Uppertown Heritage Foundation d/b/a Metropolitan Hotel – signed by CM 7. Contract For Services FY2021 – Paducah Art House Alliance d/b/a Maiden Alley Cinema – signed by CM 8. Contract For Services FY2021 – Community Ministries, d/b/a Community Kitchen – signed by CM 9. Contract for Health, Vision and Dental Benefit Plan Premiums for 2021 – Anthem Blue Cross Blue Shield – MO #2394 10. Contract For Administrative Services and Stop Loss Insurance with Anthem Blue Cross Blue Shield – Peel & Holland – MO #2396 11. 911 Communications Services Agreement Between City of Paducah and Melber New Hope Fire District – MO #2399 Financials File: 1. Paducah Water Works – ending September 30, 2020 I(C) Personnel Actions I(D) Appointment of Lucas Bremer and James (J.T.) Crawford to the Main Street Board. Said respective terms shall expire November 10, 2024 I(E) A MUNICIPAL ORDER ACCEPTING THE BID OF GALLS , LLC, FOR THE PURCHASE OF UNIFORMS FOR PADUCAH POLICE DEPARTMENT EMPLOYEES, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME MO #2403; BK 11 I(F) A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 729 SOUTH 13TH STREET FROM LUVERTA SHAW TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE MO #2404; BK 11 I(G) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH BARKLEY REGIONAL AIRPORT IN THE AMOUNT OF $120,000 FOR GENERAL AVIATION AND AIR CARRIER SERVICES MO #2405; BK 11 I(H) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A 2020 KENTUCKY FIRE COMMISSION THERMAL November 10, 2020 IMAGING GRANT IN THE AMOUNT OF $3,200 FOR PURCHASE OF A THERMAL VISION SYSTEM, ACCEPTING ANY GRANT FUNDS AWARDED BY THE KENTUCKY FIRE COMMISSION, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME MO #2406; BK 11 I(I) A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A 2021 KENTUCKY LITTER ABATEMENT GRANT THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT FOR THE PUBLIC WORKS DEPARTMENT’S STREET LITTER ABATEMENT PROGRAM, ACCEPTING ALL AWARDED GRANT FUNDS, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME MO #2407; BK 11 I(J) A MUNICIPAL ORDER AUTHORIZING PAYMENT TO THE KENTUCKY ECONOMI DEVELOPMENT FINANCE AUTHORITY FOR TAX INCREMENT FINANCING (TIF) CONSULTANT SERVICES, IN AN AMOUNT OF $25,000 AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME MO #2408; BK 11 Mayor Harless offered motion, seconded by Commissioner McElroy, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5) ORDINANCE INTRODUCTIONS CONSENSUAL ANNEXATION OF 3660 OLIVET CHURCH ROAD Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, “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 DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS.” This ordinance is summarized as follows: The City of Paducah hereby approves the consensual annexation of certain tracts of property contiguous to the present city limits, located at 3660 Olivet Church Road, containing 0.9284 acres, more or less. PROFESSIONAL SERVICES CONTRACT WITH BFW ENGINEERING, INC., FOR SOUTH 25TH STREET PROJECT FOR $89,180 WITH THE OPTION OF SOUTH 24TH STREET PROJECT FOR $70,595 Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PADUCAH AND BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC., IN AN AMOUNT OF $89,180 FOR ENGINEERING SERVICES RELATED TO THE SOUTH 25TH STREET IMPROVEMENT PROJECT, AUTHORIZING THE ENGINEERING DEPARTMENT TO EXERCISE OPTION B FOR PROJECT IN THE AMOUNT OF $70,595 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND ALL DOCUMENTS RELATING TO SAME.” This ordinance authorizes and approves the execution of an Agreement for engineering services related to the South 25th Street November 10, 2020 Improvement Project between the City of Paducah and Bacon, Farmer and Workman Engineering & Testing, Inc., in an amount of $89,180 and further authorizes the Engineering Department to exercise Option B as proposed by Bacon, Farmer Workman Engineering & Testing, Inc., for the South 24th Street Project in an amount of $70,595. AMENDMENT IN THE AMOUNT OF $81,500 TO PROFESSIONAL ENGINEERING SERVICE AGREEMENT WITH HDR ENGINEERING, INC., FOR THE CITY’S FLOOD CONTROL PUMP STATION #2 AND #9 Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PADUCAH KENTUCKY, APPROVING A SECOND AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT FOR ENGINEERING SERVICES FOR FLOOD CONTROL PUMP STATIONS #2 AND #9 WITH HDR ENGINEERING, INC. TO REFLECT AN EXPANDED CONSTRUCTION ADMINISTRATION AND INSPECTION SCOPE AND TO INCRESE THE AGREEMENT IN AN AMOUNT OF $81,500 FOR A NEW TOTAL AGREEMENT AMOUNT NOT TO EXCEED $439,662.00; AND AUTHORIZING THE EXECUTION OF SAID SECOND AMENDMENT.” This ordinance approves the Second Amendment to the Professional Service Agreement with HDR Engineering. Inc., for an increase in the amount of $81,500 for expanded construction administration and inspection services for flood control pump stations #2 and #9 resulting in a total agreement cost of $439,662.00. COMMENTS BY CITY MANAGER • Plaques have been ordered to honor outgoing members of the Board of Commissioners. • Virtual Leadership Team Retreat will be Friday afternoon. • Veterans Day Festivities Wednesday, November 11. The City has fifty employees who have or continue to serve in the military. Flag Raising will take place at 6:00 a.m. at the Riverfront. • Taking steps to tighten up COVID-19 precautions at City Hall as cases continue to rise in our community. EXECUTIVE SESSION Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics:  Proposed or pending litigation as permitted by KRS 61.810(1)(c) and  Issues which might lead to the appointment, dismissal or disciplining of an employee, as permitted by KRS 61.810(1)(f) Adopted on call of the roll yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). RECONVENE IN OPEN SESSION Mayor Harless offered motion, seconded by Commissioner McElroy, that the Paducah Board of Commissioners reconvene in open session. November 10, 2020 Adopted on call of the roll yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). ADJOURN Mayor Harless offered motion, seconded by Commissioner Wilson, to adjourn the meeting. All in favor. Meeting ended at approximately 7:27 p.m. ADOPTED: November 24, 2020. _____________________________ Brandi Harless, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk November 24, 2020 Minute File: 1. Notice of Meeting of the Board of Commissioners of the City of Paducah, Kentucky for meeting dated November 10, 2020 2. Letter to Bryan Kent regarding Touchdown and Tunes Noise variance dated October 29, 2020 Contract File: 1. Renewal Lease Agreement between City of Paducah and Forest Hills Village, Inc. ORD 2020-10-8659 2. Strategic Health Risk Advisor & Strategic Benefit Placement Services with Peel & Holland – MO #2395 3. Contract For Services for FY 2021 – Sprocket, Inc. $40,000 – MO #2400 4. Employment Agreement between City of Paducah and Amie Clark – Director of Parks and Recreation – MO #2401 5. Contract For Services FY 2021 – Barkley Regional Airport Authority - $120,000 – MO #2405 Financials File: 1. Financial Statement for Transit Authority of the City of Paducah – Year ended June 30, 2020 Bids File: 1. Bid For Police Uniforms – Galls, LLC – MO #2403 CITY OF PADUCAH November 24, 2020 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. Michelle Smolen City Manager's Office Signature 11/19/2020 Date CITY OF PADUCAH PERSONNEL ACTIONS PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION ADMINISTATION AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Arndt, James City Manager City Manager NCS Ex November 19, 2020 $72.74/hr $74.92/hr HUMAN RESOURCES Culkin, Chanlor HR Generalist HR Generalist NCS Ex November 19, 2020 $20.08/hr $20.68/hr Stray, Jemkka HR Generalist HR Generalist NCS Ex November 19, 2020 $20.71/hr $21.12/hr E911 Goins, Stephanie Telecommunicator Interim Shift Supervisor NCS Non-Ex December 3, 2020 $22.56/hr $23.69/hr PUBLIC WORKS Collins, Deborah Administrative Assistant Senior Administrative Assistant NCS Non-Ex November 5, 2020 $18.45/hr $19.37/hr PLANNING POSITION REASON EFFECTIVE DATE McEwen, Lasica L. Housing Coordinator Position moved to Paducah Housing Authority November 30, 2020 PUBLIC WORKS POSITION REASON EFFECTIVE DATE Noble, Rickie ROW - Streets Resignation November 17, 2020 PARKS & RECREATION POSITION REASON EFFECTIVE DATE Steward, Alexis Recreation Leader Resignation November 3, 2020 Wallace, Michael L.Park Ranger Resignation November 9, 2020 November 24, 2020 TERMINATIONS - FULL-TIME (F/T) TERMINATIONS - PART-TIME (P/T) Agenda Action Form Paducah City Commission Meeting Date: November 24, 2020 Short Title: Accept donation of property at 1331 Broadway - B LAIRD Category: Municipal Order Staff Work By: Brian Laird Presentation By: Brian Laird Background Information: Computer Services Inc. (CSI) wants to donate this parcel of property to the City of Paducah for use by the police department. The parcel (1331 Broadway) is directly across the street from the Police Department and would allow for the creation of more parking spaces. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize the Mayor to sign the deed transferring 1331 Broadway to the City of Paducah. Attachments: 1.MO - prop donated-1331 Broadway MUNICIPAL ORDER NO. __________ A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 1331 BROADWAY TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE FOR SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby accepts the donation of real property located at 1331 Broadway, Paducah, KY, owned by Computer Services, Inc. (CSI) for use by the Police Department. The parcel (1331 Broadway) is directly across the street from the Police Department and would allow for the creation of more parking spaces. SECTION 2. The Mayor is hereby authorized to execute a Deed of Conveyance between Computer Services, Inc. (CSI) and the City of Paducah to transfer the real property to the City. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, November 24, 2020 Recorded by Lindsay Parish, Clerk, November 24, 2020 \mo\prop donated-1331 Broadway Agenda Action Form Paducah City Commission Meeting Date: November 24, 2020 Short Title: Approval of Tolling Agreement between Jim Smith Contracting Company, LLC, JSC Terminal, LLC and City Paducah - R MURPHY Category: Municipal Order Staff Work By: David Kelly, KKHB, Rick Murphy, Melanie Townsend Presentation By: Rick Murphy Background Information: In February 2019, Jim Smith Contracting, LLC sent a letter to the City stating its awareness of the continuing build up of silt and sediment adjacent to the Transient Dock. Since that time, the silt and sediment has migrated downstream toward JSC's pier and will likely interfere with JSC's ability to use the pier. The City of Paducah is working on a dredging and/or remediation plan to alleviate the silt and sediment deposit. The City is working with Kentucky Division of Water, the Untied State Army Corps of Engineers, and the Federal Emergency Management Agency on the dredging/remediation plan. JSC has requested a tolling agreement be entered into with the City of Paducah to prevent the expiration of any statute of limitations on any claims by JSC against the City while the City pursues the dredging/remediation plan. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Approve the Tolling Agreement between Jim Smith Contracting Company, LLC, JSC Terminal, LLC d/b/a Midwest Terminal and the City of Paducah and authorize and direct the Mayor to sign documents related to same. Attachments: 1.MO agree – tolling Jim Smith Midwest Terminal 2.CoP_JSC_Midwest Terminal Tolling Agreement_FINAL 10.22.20 MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE EXECUTION OF A TOLLING AGREEMENT BETWEEN THE CITY OF PADUCAH, JIM SMITH CONTRACTING COMPANY LLC AND JSC TERMINAL LLC d/b/a MIDWEST TERMINAL WHEREAS, Jim Smith Contracting Company LLC and JSC Terminal, LLC (hereafter the “Jim Smith Contracting Entities”) have provided notice to the City of Paducah (“City”) that buildup of silt and sediment was migrating from the City’s transient dock downstream toward a pier owned by the Jim Smith Contracting Entities and used to off load barges with asphalt product; and WHEREAS, the Jim Smith Entities have further placed the City on notice that the continued migration of the silt and sediment will likely interfere with the Jim Smith Entities’ ability to make use of the pier and limit or interfere with barges seeking access to the pier; and WHEREAS, the City is working on obtaining the necessary regulatory approval and funding for a dredging plan and/or remediation plan to alleviate the silt and sediment deposit; and WHEREAS, the City believes it is beneficial to approve and authorize the execution of a Tolling Agreement with the Jim Smith Entities for the purpose of tolling the statute of limitations for asserting any legal claims between the parties regarding the cause or effect of the silt and sediment in the vicinity of the aforesaid pier. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: Section 1. Authorization. The Board of Commissioners of the City of Paducah hereby approves and the Mayor of the City of Paducah, Kentucky, is hereby authorized and directed to execute the Tolling Agreement with the Jim Smith Entities in substantially the form attached hereto as Exhibit A and made part hereof. Section 2. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky. ____________________________________ Mayor ATTEST: ______________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, November 24, 2020 Adopted by the Board of Commissioners, November 24, 2020 Recorded by City Clerk, November 24, 2020 Tolling Agreement / Page 1 of 5 TOLLING AGREEMENT This Tolling Agreement ["Tolling Agreement" or "Agreement"] is entered into by and between JIM SMITH CONTRACTING COMPANY, LLC, a Kentucky limited liability company and JSC TERMINAL, LLC d/b/a MIDWEST TERMINAL, 1108 Dover Road, Grand Rivers, Kentucky [individually and collectively "JSC"] and CITY OF PADUCAH, KENTUCKY, P.O. Box 2267, Paducah, KY 42002-2267 ["City"]. WITNESSETH: WHEREAS, at some point during 2016, the City became aware that, when the Ohio River was at summer pool elevation, a sediment deposit had formed at the bottom of the Ohio River near the City's transient boat dock; and WHEREAS, JSC, via its legal counsel, sent a letter to the City dated February 22, 2019, whereby JSC stated that it had become aware that the continuing buildup of silt and sediment was approaching JSC's pier downstream from the City's transient boat dock, but that said silt and sediment had not yet crossed onto JSC's property; and WHEREAS, since the above-referenced times, both JSC and the City are aware that the aforesaid silt and sediment has been steadily migrating downstream toward JSC's pier such that it will likely interfere with JSC's ability to make use of its pier and limit or interfere with barges seeking access to the pier; and WHEREAS, the City is working on a dredging plan and/or remediation plan to alleviate said silt and sediment deposit with one or more of the Kentucky Division of Water, the United States Army Corps of Engineers, and the Federal Emergency Management Agency; and WHEREAS, the City is continuing to work with the various regulatory agencies in an effort to obtain regulatory approval as well as necessary funding to perform the dredging plan and/or remediation plan; the City has no control over the timing required to obtain these regulatory approvals; and WHEREAS, the parties desire that the City be given additional time to continue working on the aforementioned dredging plan and/or remediation plan as well as working with the aforesaid regulatory agencies; however, the parties are also aware that the statute of limitations on certain claims by JSC against the City related to the aforesaid buildup of silt and sediment might expire prior to the completion of the aforementioned dredging and/or remediation and the parties desire to extend and/or toll, by agreement, any statute of limitations that may expire on said claims, as more particularly described below; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises contained herein, and in consideration for the forbearance to sue, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: Tolling Agreement / Page 2 of 5 1. Tolling. Any statute of limitations applicable to any and all claims and/or lawsuits that JSC may have against the City shall be tolled and suspended from the date of this Agreement until October 1, 2025. Notwithstanding the foregoing, this Agreement may be terminated earlier than the aforementioned expiration date by either party by written notice given to the other party, which termination shall occur sixty (60) days after actual delivery of said written notice to the other party, via United States mail or Federal Express, with signed delivery confirmation, at the above-mentioned addresses in the preamble to this agreement. Said written notice to the City shall be to the attention of its mayor. Said written notice to JSC shall be to the attention of its chief executive officer. Either party may change the designated person(s) or addresses(es) above by written notice, delivered in the same manner as provided above, to the designated person(s) for the other party. 2. End of Tolling by Filing Action. Either at or prior to termination of this Agreement, either party may proceed in any action with the furtherance of their claims or defenses, and the tolling period will expire after the commencement of said action, meaning that the period of tolling will no longer count to further extend any applicable statute of limitations. 3. No Admission. Nothing contained in this Agreement shall be deemed or considered an admission, acknowledgement or concession as to any facts relating to any claims or potential claims and this Agreement shall not be permitted to be used in any way whatsoever as evidence in support of any such claims, but shall only be used to establish the terms of this Agreement. For purposes of this Agreement, both parties are deemed to fully deny any claims or defenses of the other party. 4. Additional Provisions. The following additional provisions are integral to this Agreement: (a) This Agreement shall be binding upon, and inure to the benefit of, the respective successors and permitted assigns of the parties. (b) Neither this Agreement nor any term or provision hereof may be changed, waived, discharged or terminated except by an instrument in writing duly signed by the party against whom the enforcement of the change, waiver, discharge, or termination is sought. (c) A duplicate or copy of this Agreement shall be deemed to be an original; furthermore, this Agreement may be executed by each party upon a separate copy, and in such case, one counterpart of this Agreement shall consist of enough of such copies to reflect the signatures of all of the parties to this Agreement. (d) The singular form of words herein includes the plural and vice versa, the masculine form of words herein includes the feminine and vice versa, the capitalization of letters herein includes the lowercase and vice versa, the reference to either a person or an entity herein refers to all natural persons and also to sole proprietorships, corporations, partnerships, limited liability companies, or other business associations. (e) This Agreement and any dispute related to this Agreement and all rights, duties, and claims (whether contract, tort, statutory, regulatory, or any and all other claims) of all parties relating to the subject matter of this Agreement shall be governed by and construed under the laws of the Commonwealth of Kentucky. (f) If there is any dispute related to this Agreement then the parties agree that a court sitting in McCracken County, Kentucky shall have exclusive venue over any legal proceeding. IN WITNESS WHEREOF, the parties have hereunto set their hands by their duly authorized representatives on the date(s) below. Tolling Agreement / Page 3 of 5 [SIGNATURE LINES ON FOLLOWING PAGES] Tolling Agreement / Page 4 of 5 JIM SMITH CONTRACTING COMPANY, LLC BY:___________________________________ TITLE:________________________________ COMMONWEALTH OF KENTUCKY ) : ss. COUNTY OF _____________________ ) Subscribed, sworn to and acknowledged before me by JIM SMITH CONTRACTING COMPANY, LLC by and through its duly authorized representative, ___________________ _____________________, on this the _____ day of ______________________, 2020. ______________________________ NOTARY PUBLIC STATE AT LARGE My commission expires: ________________ Notary ID Number: ________________ JSC TERMINAL, LLC d/b/a MIDWEST TERMINAL BY:___________________________________ TITLE:________________________________ COMMONWEALTH OF KENTUCKY ) : ss. COUNTY OF _____________________ ) Subscribed, sworn to and acknowledged before me by JSC TERMINAL, LLC d/b/a MIDWEST TERMINAL by and through its duly authorized representative, ____________ ____________________________, on this the _____ day of ______________________, 2020. ______________________________ NOTARY PUBLIC STATE AT LARGE My commission expires: ________________ Notary ID Number: ________________ Tolling Agreement / Page 5 of 5 CITY OF PADUCAH, KENTUCKY BY: ________________________________ Title: _______________________________ COMMONWEALTH OF KENTUCKY ) :ss. COUNTY OF McCRACKEN ) Subscribed, sworn to and acknowledged before me by CITY OF PADUCAH, KENTUCKY, by and through its duly authorized representative, ______________________________________________, on this the _____ day of _______________, 2020. My commission expires: ______________ NOTARY PUBLIC Notary ID # _____________ KENTUCKY STATE AT LARGE MUNICIPAL ORDER NO. __________ A MUNICIPAL ORDER APPROVING THE PROPOSED ARTWORK DESIGN FOR THE WATER TANK LOCATED BETWEEN MILE MARKERS ELEVEN (11) AND SIXTEEN (16) ON INTERSTATE-24 IN MCCRACKEN COUNTY AT THE REQUEST OF PADUCAH WATER AND MCCRACKEN COUNTY FISCAL COURT WHEREAS, Paducah Water is the owner of a water tank located between mile markers eleven (11) and sixteen (16) on Interstate-24 in Paducah, McCracken County, Kentucky; and WHEREAS, McCracken County (the “County”) desires to undertake the design and painting of new artwork on said water tank; and WHEREAS, Paducah Water is agreeable to the painting of the artwork in accordance with the terms of the Agreement for Artwork Installation between the County and Paducah Water (the “Agreement”); and WHEREAS, pursuant to the requirements of the Agreement, Paducah Water and the County have requested written approval of the artwork from the Paducah City Commission; and WHEREAS, the City now desires to approve said artwork design for the water tank. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby approves the artwork design for the water tank generally located between mile markers eleven (11) and sixteen (16) as attached hereto and made part hereof (Exhibit A). SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, _______________________ Recorded by Lindsay Parish, Clerk, _______________________ \mo\Unity Artwork Paducah Water Tank EXHIBIT A Proposed Artwork Design Agenda Action Form Paducah City Commission Meeting Date: November 24, 2020 Short Title: Consensual Annexation of 3660 Olivet Church Road - T TRACY Category: Ordinance Staff Work By: Josh Sommer Presentation By: Tammara Tracy Background Information: The property owner, Hutson, Inc., is requesting consensual annexation into the City in order to expand the existing business located adjacent to the property. The area proposed for annexation is a modest parcel that squares off a corner of the city boundary. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Approval Attachments: 1.ANX2020-112 Base Map 2.ANX2020-112 Ordinance 3660 Olivet Church 3.Annexation request letter 4.ANX2020-112 Plat 3660 Olivet Church Road 366 0 Olivet Churc h Rd Commerce Park Mall Exit 3 Exit 4 §¨¦I-24 Hinkleville Rd Cairo Rd Olivet Church RdAccess RdAccess RdCommerce Dr Coleman RdShaffer RdJames Sanders BlvdNew Holt RdTuck Rd PrivateMeredith RdR in g R d Pace Dr Stanley Rd Charter Oak DrFri e d ma n L n Harris Rd Eva DrMaxon RdHolt RdPerennial LnHeartland Dr Orchard View DrCarr RdCimarron WayElla W ay West Park DrFairlane AveT echnology D rJordan DrM cbrid e L n Charl eston DrEudoxey LnPrivatePrivatePrivate Annexation Proposal ANX2020-1123660 O livet Chu rc h Rd ´1,4 00 0 1,4 00700 Feet 1 / 2 ORDINANCE NO. 2020-_____-________ 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 DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, the property, approximately 0.9284 acre of land located at 3660 Olivet Church Road, is contiguous to the City of Paducah and particularly and accurately set out in the legal description below; and WHEREAS, said property is urban in character and will be developed and expanded upon by the abutting business; and WHEREAS, the owner, Hutson, Inc., has requested such annexation in writing to the Board of Commissioners; and WHEREAS, said tracts of land are not within the boundary of another incorporated city. 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: LEGAL DESCRIPTION OF ANNEXATION Hutson, Inc. Property Being a 0.9284 acre tract of land situated in McCracken County, Kentucky, being the easterly portion of Olivet Church Road (Kentucky Highway 998) and lying on the easterly side of Olivet Church Road (Kentucky Highway 998) and more particularly described as follows: Beginning at a ½” steel rod 24” long with plastic cap stamped “No. 3732” set in the easterly right of way of Olivet Church Road (Kentucky Highway 998) and being the westerly corner of the lands of Hutson, Inc., per deed book 1405, page 283, said point having coordinates of NORTH 1,927,557.60’, and EAST 781,941.71’ referenced to the Kentucky Coordinate System, South Zone (1602), North American Datum of 1983; Thence from said point of beginning northwesterly crossing through a portion of Olivet Church Road (Kentucky Highway 998) along a new line created this survey, N75°28'49"W-49.98 feet to a reference point lying in the centerline of said road at approximately centerline station 11+54.48; Thence northerly along the aforementioned centerline, N22°28'54"E-97.68 feet to a reference point lying in the centerline of said road at approximately centerline station 12+52.16 and a point of curvature; Thence continuing along said centerline and following a curve to the right having a radius of 9,850.00 feet, a chord of N22°25'49"E-17.69 feet and an arc distance of 17.69 feet to a reference point lying in the centerline of said road at approximately centerline station 12+69.85; Thence leaving said centerline southeasterly crossing through a portion of Olivet Church Road (Kentucky Highway 998) along a new line created this survey, S75°26'48"E-67.62 feet to a 1/2” steel rod 24” long with plastic cap stamped “No. 3732” set in the easterly right of way line of Olivet Church Road (Kentucky Highway 998) at the northerly corner of the lands of Hutson, Inc per deed book 1405, page 283 and the westerly corner of the lands of James P. and Hazel Lewis per deed book 361, page 410; 2 / 2 Thence easterly along the southerly line of the lands of James P. and Hazel Lewis per deed book 361, page 410, S75°26'48"E-336.45 feet to an existing 1/2” rebar with cap (illegible) located at the northwest corner of the lands of Falconite Real Estate Holdings LLC per deed book 1272, page 238 and a corner of the existing city limit line of the City of Paducah, Kentucky; Thence southerly along the lands of Falconite Real Estate Holdings LLC and the existing city limits line, S23°00'25"W-84.41 feet to an existing ½” rebar with cap stamped “TOSH 2900” located at the northeast corner of the lands of E & H LLC per deed book 1243, page 124 and a corner of the existing city limit line of the City of Paducah, Kentucky; Thence westerly continuing along the lands of E & H LLC and the existing city limits line the following three calls: N75°28'37"W-184.53 feet to an existing ½” rebar with cap stamped “TOSH 2900”; S21°25'15"W-30.77 feet to an existing ½” rebar with cap stamped “TOSH 2900”; N75°28'49"W-169.37 feet to point or place of beginning. The above described 0.9284 acre annexation parcel being a portion of the same property conveyed to Hutson, Inc., by deed dated March 5th, 2020 and recorded in deed book 1405, page 283 on March 9th, 2020 at 10:28 am in the McCracken County Clerk’s Office. The above described 0.9284 acre annexation parcel description is based on a survey conducted by Siteworx Survey & Design LLC. All bearings are based on the Kentucky State Plane Coordinate System Kentucky South Zone 1602 NAD 83. The above described tract forms a geometrically closed figure. The subject property adjoins the existing City Limits of Paducah, Kentucky along its south and east boundaries. 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. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ Brandi Harless, Mayor ATTEST: ________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, November 10, 2020 Adopted by the Board of Commissioners, ____________________ Recorded by Paducah City Clerk, ____________________ Published by The Paducah Sun, __________________ K:\Planning\40 Land Use\Annexation\ANX2020-112 3660 Olivet Church Rd\ANX2020-112 Ordinance 3660 Olivet Church.docx Agenda Action Form Paducah City Commission Meeting Date: November 24, 2020 Short Title: Professional Services Contract with BFW Engineering, Inc. for South 25th Street Project for $89,180.00 with the option of South 24th Street Project for $70,959.00 - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: On October 4, 2020, the Engineering Department published in the Paducah Sun a Request for Qualifications for engineering services related to the South 25th Street Improvement Project. Proposals were due on October 20, 2020. The Engineering Department received one Statement of Qualifications (SOQ) from BFW Engineering, Inc. The review committee consisted of Rick Murphy, Brandy Topper-Curtis, and Melanie Townsend. Each review team member reviewed the SOQ and determined that BFW Engineering, Inc submitted a responsive and qualifying SOQ. On October 27, 2020, the review team spoke with BFW Engineering, Inc., to begin contract negotiations. After careful review, a contract was submitted to the review team by BFW Engineering, Inc. for $89,180.00 for design services through construction procurement. Additionally, the city can utilize BFW Engineering, Inc. for engineering services related to a complementary project on South 24th Street. BFW Engineering, Inc. may perform engineering services for design through construction procurement on the South 24th Street project for a contracted amount of $70,595.00. The South 25th Street Improvement project is funded in part by a $650,000 grant from state contingency funding. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): I-6: Design and construct pedestrian safety improvements I-3: Stormwater utility management and mitigation Funds Available:Account Name: S 25th St Account Number: ST-0040 Staff Recommendation: Authorize the Mayor to execute the contract with BFW Engineering, Inc. for engineering design services for the South 25th Street project and authorize the Mayor to exercise the option to utilize BFW Engineering, Inc. for engineering design services for the South 24th Street project. Attachments: 1.Ordinance BFW South 25th Street Improvement Project 2020 2.BFW 25th 24th St Fee Proposal as of 10-27-2020 ORDINANCE NO. 2020-_____-_______ AN ORDINANCE AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PADUCAH AND BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC., IN AN AMOUNT OF $89,180 FOR ENGINEERING SERVICES RELATED TO THE SOUTH 25TH STREET IMPROVEMENT PROJECT, AUTHORIZING THE ENGINEERING DEPARTMENT TO EXERCISE OPTION B FOR ENGINEERING SERVICES RELATED TO THE SOUTH 24TH STREET IMPROVEMENT PROJECT IN THE AMOUNT OF $70,595 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND ALL DOCUMENTS RELATING TO SAME WHEREAS, on October 4, 2020, the Engineering Department published in the Paducah Sun a Request for Qualifications for engineering services related to the South 25th Street Improvement Project; and WHEREAS, the Engineering Department received one responsive and qualifying Statement of Qualifications (SOQ) from BFW Engineering, Inc.; and WHEREAS, after careful review and negotiations, a contract was submitted to the review team by BFW Engineering, Inc. for $89,180.00 for design services through construction procurement relating to the South 25th Street Project; and WHEREAS, BFW Engineering, Inc. offered an option for engineering services related to a complementary project for engineering design through construction procurement services relating to South 24th Street project for an amount of $70,595.00; and WHEREAS, it is desirable and in the best interest of the City to enter into an agreement with BFW Engineering, Inc. for the South 25th Street project and to authorize the Engineering Department to exercise the option related to the South 24th Street Project. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City hereby authorizes and approves an Agreement for Engineering services related to the South 25th Street Improvement Project between the City of Paducah and Bacon, Farmer and Workman Engineering & Testing, Inc., in an amount of $89,180 and authorizes the Mayor to execute the Agreement. SECTION 2. That the City of Paducah hereby authorizes the Engineering Department to exercise Option B as proposed by Bacon, Farmer Workman Engineering & Testing, Inc., for the South 24th Street Project in an amount of $70,595 and authorizes the Mayor to execute the Agreement and all documents relating to same. SECTION 3. The expenditures shall be charged to Project Account ST0040. SECTION 4. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. _________________________________________ Brandi Harless, Mayor ATTEST: ______________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, November 10, 2020 Adopted by the Board of Commissioners, November ____, 2020 Recorded by Lindsay Parish, City Clerk, November _____, 2020 Published in the Paducah Sun, November _____, 2020 \ORD\eng\agree-BFW South 25th Street Improvement Project October 27, 2020 Mr. Rick Murphy, City Engineer 300 S. 5th St. PO Box 2267 Paducah, KY 42002-2267 RE: SCOPE OF WORK & PROPOSED ENGINEERING FEE for the Survey, Mobile LiDAR, and Roadway Design for the 25th & 24th Street Improvement Projects. Dear Mr. Murphy: Bacon Farmer Workman Engineering & Testing, Inc. appreciates the opportunity to present this Scope of Work to provide the engineering services for the referenced above. The SCOPE OF WORK that will be performed by BFW Engineering: FIELD SURVEY a. Establish Horizontal and Vertical Control for the project. b. Provide Mobile Lidar. Provide additional DTM (topo, obscured areas, pavement edges, ditches, etc…) to supplement the LIDAR. Collect additional stream and field data necessary for the storm sewer drainage outfall ditching. c. Provide Deed Research and establish the existing RW and adjacent property lines and determine parcel ownership(s). d. Contact property owners requesting permission to enter properties. Locate impacted property corners / lines and existing monuments (rebars, iron pins, etc.) and other evidence to establish the property lines. e. Contact impacted utility owners and field locate the utilities. Utilities are to be “marked” by their respective owners. Locate visible utility features (i.e. poles, valves, manholes, etc…). For design purposes, estimated depths will be used to show the existing utilities on the plans. Actual depths will be verified during construction. f. Identify drainage features (i.e. pipe locations, sizes, and elevations). g. Stake Temporary Easements. CONCEPTUAL AND FINAL DESIGN PLANS a. Develop Plan Sheets / Profile Sheet / Cross Sections. Project Layout Sheet Typical Sections (Using the City Standard Pavement Design). Summary of Quantities & General Notes Sheets Prepare Plan Sheets & Vertical Profile Sheets Develop storm sewer & cross-drain pipe sheets Develop Signing Plan Develop Pavement Marking Plans for Pedestrian Crosswalks Develop Street Closure Signing for MOT Develop Temporary Erosion Control Plan Develop roadway cross sections with Earthwork Calcs. Prepare RW Strip Map Prepare RW Acquisition & Summary Sheet showing temporary easement information for affected Property Owners b. Develop the horizontal and vertical alignments for the project. c. Develop Proposed Storm Sewer System & Drainage Design. d. Establish the Temporary Easement lines. e. Calculate the Temporary Easement areas. f. Prepare Metes & Bound Descriptions for the Temporary Easements (Any Legal descriptions, documents, and deed recording to be provided by the City of Paducah). g. Develop a temporary erosion control plan. (the NOI & SWPPP are to be provided by the Contractor) h. Notes will be provided to address the MOT during construction. (Assuming portions of the existing roadway will be closed to thru traffic during construction). i. Calculate estimated quantities for bidding purposes. j. Prepare an estimated construction cost estimate for bidding purposes. k. Prepare General & Specific Notes. l. Prepare the Construction Specifications using and Bid Document. (The City will be responsible for the bid advertisement). GEOTECHNICAL SERVICES a. Provide 6 pavement coring holes. b. Provide estimated CBR c. Unless otherwise, the Construction Materials Testing & Lab Analysis will be provided by the City. MEETINGS a. Attend miscellaneous project coordination meetings. b. Coordinate any Easement purchases with the City Attorney. RESPONSIBILITIES OF THE CITY OF PADUCAH a. Provide the plans for Utility Relocations and / or adjustments. b. Provide Easement Negotiations & Acquisitions. c. If needed, prepare legal descriptions, documents, and record deeds for the Easements. d. Provide the Construction Inspection & Materials Testing. PROPOSED FEE – (The work will be performed at our standard hourly rates). OPTION A / 25th St. OPTION B / 24th ST. Field Survey $25,212.00 $18,354.00 Final Roadway Design Plans $54,988.00 $44,761.00 Meetings $ 5,380.00 $ 5,380.00 Geotechnical $ 3,600.00 $ 2,100.00 SUBTOTALS $89,180.00 $70,595.00 TOTAL COST OPTION A & B (Not to Exceed) $159,775.00 SERVICES NOT INCLUDED IN THIS SCOPE OF WORK Utility Relocation Plans TBD Easement Negotiations TBD Construction Inspection & Testing TBD We appreciate this opportunity and look forward to working with you and your staff on this project. Sincerely, Bacon Farmer Workman Engineering &Testing, Inc. _________ Mike McGregor PE, Project Manager If you agree with this Scope of Work and Proposed Fee, please sign on the lines provided below and return to our office. Authorization to Proceed : Proposal Date – October 27, 2020 Mr. Rick Murphy, City Engineer & Public Works Director 300 S. 5th St. PO Box 2267 Paducah, KY 42002-2267 ____________________________________ __________________ Signature Date ____________________________________ Name (Printed) ____________________________________ Title TASK DESCRIPTION Unit Cost Hours TOTAL FIELD SURVEY 1 Set Vert. / Horiz. Project Control (.56 miles)Hour $110 8 $880 2 Mobile LiDar LS $4,500 1 $4,500 3 Collect DTM (Mobile LiDar)Hour $100 4 $400 4 Collect Additional DTM for Obscured Areas Hour $69 8 $552 5 Process Mobile LiDar & Additional DTM Survey Data Hour $110 24 $2,640 6 Deed Research Hour $110 16 $1,760 7 Contact Property Owners (Estimated @ 20 Parcels)Hour $110 16 $1,760 8 Locate Property Corners Hour $110 20 $2,200 9 Establish Existing RW & Property Lines Hour $110 24 $2,640 10 Contact & Coordinate Utilities Hour $110 16 $1,760 11 Locate Existing OH / Low Wire Hour $69 12 $828 12 Locate Existing ATMOS, PW, & JSA Utilities Hour $100 16 $1,600 13 Locate Existing Storm Drainage (Inlets, Cross Drains & Entrance Pipes)Hour $69 24 $1,656 14 Stake Temporary Easements Hour $110 16 $1,760 15 Set Proposed RW Markers Hour $110 0 $0 16 Stake 4 Pavement Coring Holes For Existing Pavement Analysis Hour $69 4 $276 TOTAL FIELD SURVEY 209 $25,212 CONCEPTUAL & FINAL DESIGN PLANS 1 Develop Plan Sheets (Layout, Plan/Profile, RW Acquisition & Strip Map)Hour $90 48 $4,320 2 Prepare Proposed Rdwy. Typical Sections (Use City Standard Pavement Design)Hour $108 16 $1,728 3 Set Horizontal Alignment(s)Hour $105 6 $630 4 Plot Existing Utilities in Plan & Profile Hour $108 16 $1,728 5 Set 25th St. Vertical Grade Hour $105 12 $1,260 6 Correct 25th Superelevation cross slope at the Tennessee St. Intersection Hour $105 8 $840 7 Design Side Street Grades (Estimated @ 6)Hour $105 24 $2,520 8 Design Entrance Grades (Estimated @ 23)Hour $105 24 $2,520 9 Develop Proposed Storm Sewer & Roadway Drainage Design Hour $105 40 $4,200 10 Develop Proposed Roadway Model Hour $105 24 $2,520 11 Develop Grade Development (Pavement Elev's) @ Intersecting Streets Hour $108 48 $5,184 12 Develop ADA compliant ramps & drainage at the Alabama St. intersection Hour $105 12 $1,260 13 Establish Proposed Easements on Plans Hour $105 16 $1,680 14 Calculate Areas For Easements Hour $100 12 $1,200 15 Prepare Metes & Bounds for Easements Hour $100 24 $2,400 ##Develop Cross Sections w/Proposed Ditching & Earthwork Volumes Hour $90 48 $4,320 17 Develop Final Signing Plan Hour $108 16 $1,728 OPTION A / 25th ST. BFW ENGINEERING FEE PROPOSAL FOR CITY OF PADUCAH, KY FROM US 60 (JACKSON ST) TO ALABAMA STREET 18 Develop Location(s) and Pavement Marking Plans For Pedestrian Crosswalks Hour $105 8 $840 19 Develop Temporary Erosion Control Plan Hour $90 24 $2,160 20 Develop Street Closure Signing & MOT Notes Hour $100 16 $1,600 21 Calculate Quantities & Prepare Estimated Summary of Quantities Sheets Hour $105 48 $5,040 22 Prepare Project General Notes Hour $105 6 $630 23 Prepare & Update Construction Cost Estimate Hour $105 16 $1,680 23 Prepare Construction Specifications & Bid Document Hour $125 24 $3,000 TOTAL ROADWAY DESIGN PLANS 536 $54,988 MEETINGS Meetings with City (2 Meetings / 3 Persons)Hour $480 2 $960 Meetings with Utility Owners Hour $125 16 $2,000 Coordinate Deed Descriptions with City Attorney (1 Person)Hour $125 4 $500 Pre-Bid Meeting with Contractors (3 Persons)Hour $480 2 $960 Bid Opening with City and Contractors (3 Persons)Hour $480 2 $960 TOTAL MEETINGS 26 $5,380 SUBTOTAL - FIELD SURVEY, ROADWAY DESIGN, & MEETINGS 26 $85,580 GEOTECHNICAL SERVICES & GEOTECHNICAL REPORT 1 Analyiize Existing Pavement Cores (4 locations)LS $3,000 2 Establish Estimated CBR LS $600 TOTAL GEOTECHNICAL $3,600 TOTAL FEE 771 $89,180 UTILITY RELOCATION PLANS (TBD) EASEMENT NEGOTIATIONS (TBD) CONSTRUCTION INSPECTION & TESTING (TBD) TASK DESCRIPTION Unit Cost Hours TOTAL FIELD SURVEY 1 Set Vert. / Horiz. Project Control (Estimated @ .27 miles)Hour $110 8 $880 2 Mobile LiDar (Taken in conjunction with 25th St. Survey)LS $0 0 $0 3 Collect DTM (Mobile LiDar) (Taken in conjunction with 25th St. Survey)Hour $0 0 $0 4 Collect Additional DTM for Obscured Areas Hour $69 8 $552 5 Process Mobile LiDar & Additional DTM Survey Data Hour $110 24 $2,640 6 Deed Research Hour $110 16 $1,760 7 Contact Property Owners (Estimated @ 19 Parcels)Hour $110 16 $1,760 8 Locate Property Corners Hour $110 20 $2,200 9 Establish Existing RW & Property Lines Hour $110 24 $2,640 10 Contact & Coordinate Utilities Hour $110 16 $1,760 11 Locate Existing OH / Low Wire Hour $69 4 $276 12 Locate Existing ATMOS, PW, & JSA Utilities Hour $100 16 $1,600 13 Locate Existing Storm Drainage (Inlets, Cross Drains & Entrance Pipes)Hour $69 12 $828 14 Stake Temporary Easements Hour $110 12 $1,320 15 Set Proposed RW Markers Hour $110 0 $0 16 Stake 2 Pavement Coring Holes For Existing Pavement Analysis Hour $69 2 $138 TOTAL FIELD SURVEY 178 $18,354 CONCEPTUAL & FINAL DESIGN PLANS 1 Develop Plan Sheets (Layout, Plan/Profile, RW Acquisition & Strip Map)Hour $90 40 $3,600 2 Prepare Proposed Rdwy. Typical Sections (Use City Standard Pavement Design)Hour $108 16 $1,728 3 Set Horizontal Alignment(s)Hour $105 4 $420 4 Plot Existing Utilities in Plan & Profile Hour $108 8 $864 5 Set 24th St. Vertical Grade Hour $105 4 $420 6 Design Side Street Grades (Estimated @ 4)Hour $105 16 $1,680 7 Design Entrance Grades (Estimated @ 15)Hour $105 15 $1,575 8 Develop Proposed Storm Sewer & Roadway Drainage Design Hour $105 24 $2,520 9 Develop Proposed Roadway Model Hour $105 24 $2,520 10 Develop Grade Development (Pavement Elev's) @ Intersecting Streets Hour $108 32 $3,456 11 Develop ADA compliant ramps & drainage at Street Intersections Hour $105 12 $1,260 12 Establish Proposed Easements on Plans Hour $105 16 $1,680 13 Calculate Areas For Easements Hour $100 12 $1,200 14 Prepare Metes & Bounds for Easements Hour $100 24 $2,400 15 Develop Cross Sections w/Proposed Ditching & Earthwork Volumes Hour $90 40 $3,600 ##Develop Final Signing Plan Hour $108 16 $1,728 17 Develop Location(s) and Pavement Marking Plans For Pedestrian Crosswalks Hour $105 0 $0 OPTION B / 24th ST. BFW ENGINEERING FEE PROPOSAL FOR CITY OF PADUCAH, KY (FROM 25th STREET TO S. 28th STREET) 18 Develop Temporary Erosion Control Plan Hour $90 24 $2,160 19 Develop Street Closure Signing & MOT Notes Hour $100 16 $1,600 20 Calculate Quantities & Prepare Estimated Summary of Quantities Sheets Hour $105 48 $5,040 21 Prepare Project General Notes Hour $105 6 $630 22 Prepare & Update Construction Cost Estimate Hour $105 16 $1,680 23 Prepare Construction Specifications & Bid Document Hour $125 24 $3,000 23 TOTAL ROADWAY DESIGN PLANS 437 $44,761 MEETINGS Meetings with City (2 Meetings / 3 Persons)Hour $480 2 $960 Meetings with Utility Owners Hour $125 16 $2,000 Coordinate Deed Descriptions with City Attorney (1 Person)Hour $125 4 $500 Pre-Bid Meeting with Contractors (3 Persons)Hour $480 2 $960 Bid Opening with City and Contractors (3 Persons)Hour $480 2 $960 TOTAL MEETINGS 26 $5,380 SUBTOTAL - FIELD SURVEY, ROADWAY DESIGN, & MEETINGS 26 $68,495 GEOTECHNICAL SERVICES & GEOTECHNICAL REPORT 1 Analyiize Existing Pavement Cores (2 locations)LS $1,500 2 Establish Estimated CBR LS $600 TOTAL GEOTECHNICAL $2,100 TOTAL FEE 641 $70,595 UTILITY RELOCATION PLANS (TBD) EASEMENT NEGOTIATIONS (TBD) CONSTRUCTION INSPECTION & TESTING (TBD) Agenda Action Form Paducah City Commission Meeting Date: November 24, 2020 Short Title: Amendment in the amount of $81,500 to Professional Engineering Service Agreement with HDR Engineering, Inc. for the City's Flood Control Pump Stations #2 and #9 - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: Original Contract Information (Ordinance 2016-08-8410, dated August 23, 2016) As a part of the design agreement with the U.S. Department of the Army (USACE) for the design of the Floodwall Rehabilitation Project (a/k/a Ohio River Shoreline Reconstruction Project), an original contract with HDR Engineering, Inc. (HDR) was executed in August of 2016. The original contract scope is as follows: • To finalize project plans for Pump Stations #2 and #9 for a fee of $57,500. • To provide construction administration and inspection services at an hourly rate not to exceed $75,000. • The total contract amount with HDR Engineering, Inc. is $132,500. At the beginning of the Floodwall Rehabilitation Project, USACE was responsible for design and construction administration services on Pump Station #2 and #9. HDR was contracted to assist with Pump Stations #2 and #9, because pump stations were in immediate need for repair and it was too risky to wait for USACE to secure federal funding for the entire project, which was not a guarantee. Amendment #1 (Ordinance 2018-05-8532, dated May 29, 2018) During design completion on pump Station #2, HDR found several design and constructability issues with the 75% complete plans provided by USACE. As HDR proceeded with Pump Station #2 design, USACE determined design oversights on Pump Stations #7 and #11 through their in-house design team. USACE and HDR worked congruently on their respective projects, and as a result USACE requested several reviews and specification vetting with HDR. Upon completion of HDR’s design, unforeseen components had been added at the request of USACE resulting in an increased scope in HDR’s original contract. The construction administration for Pump Station #2 portion of HDR’s contract was established based on the understanding that costs would be further defined at the end of completing Pump Station #2 design due to the risks of defining a cost value based on ambiguous design information available at the beginning of the project. Furthermore, USACE added several additional construction administration requirements and a third party inspection requirement, meaning that the construction administration scope has significantly expanded. It is now required that HDR will have technical expertise on site, at every major interval of the project. • HDR projected new construction and inspection fees for Pump Station #2 that are not to exceed, time and materials amounts. These amounts are based on expanded scope and added third party inspection requirements. o Construction Administration-$91,542 o Resident Inspection Services-$136,263 o Total: $227,805 Ordinance 2018-05-8532 approved by the Paducah Board of Commissioners on May 29, 2020 increased the original contract amount from $132,000.00 to $358,162.00. Amendment #2 During the construction portion of the Pump Station #2 project, HDR has performed out of scope work items for design services during construction due to extended effort and unforeseen changes as follows: • On March 13, 2020, the City issued a stop work order against contractor Huffman Construction, LLC. Subsequently, the City approved an ordinance (2020-05-8638) to terminate the contract with Huffman Construction, LLC due to default and material breach of contract. During this process, HDR has worked with City on the rebidding process of the project including weekly meetings, answering question from potential contractor, coordinating with funding agencies, taking inventory of stored materials and assisting with rebid process. • HDR is currently performing grant and funding administration service, including coordination with KIA/SRF and CDBG. These services were previously performed by Sheryl Chino while employed with Denton Law Firm. • In course of construction, substantial defects were found on Pumps #4 and #6. HDR researched possible solutions with respect to pump rehab effort. HDR pump and corrosion experts were consulted on possible causes of the substantial material loss and cracks in the cast components. As a result, HDR developed new vertical column pump specifications for use in the solicitation of bids for new pumps. Ultimately, HDR approved Huffman to contract with Cascade to purchase new pumps. • HDR is also requesting a rate adjustment to the fee for hourly services that were originally set in the original contract dated August 30, 2016. The recommendation is to amend HDR’s current contract as amended to adjust the hourly professional services construction administration portion of the contract from $264,478.54 to $359,978.54. • Construction administration/inspection shall now include the expanded scope of services as outlined above for Pump Station #2, a/k/a $81,500. • Construction administration/inspection shall retain the remaining contract balance of $36,673.54 for Pump Station #9 expenses. • The construction administration/inspection portion of the contract is a time and materials, not to exceed contract. HDR will bill based on actual hours accrued on the contract. • HDR will bill based on the updated fee for hourly services as outlined in the scope of services (see attached). Upon approval, the new agreement would update the increase the approved professional engineering services contract from $358,162.00 to $439,662.00. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): I-2: Continue implementation of the USACE/City of Paducah $37M Local Flood Protection Project (LFPP) Restoration Funds Available:Account Name: Pump Station #2 Rehab Account Number: FW0014 Staff Recommendation: To adopt an Ordinance authorizing the Mayor to execute an amended agreement with HDR Engineering, Inc to reflect expanded construction administration and inspection at an hourly rate, not to exceed $345,978.54. All dollars spent on this original and amended contract regarding Pump Station #2 will be reimbursed or funded through KIA/SRF Loan and/or CDBG and DRA grants Attachments: 1.Ordinance -amend 2 HDR floodwall pump stations #2 & #9 2.Ordinance Approving PS#2 Contract Amendement 3.Paducah FPS_Amend_2_103020 4.Paducah FPS_2_Surety Costs_103020 ORDINANCE NO. 2020-_____-________ AN ORDINANCE OF THE CITY OF PADUCAH KENTUCKY, APPROVING A SECOND AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT FOR ENGINEERING SERVICES FOR FLOOD CONTROL PUMP STATIONS #2 AND #9 WITH HDR ENGINEERING, INC. TO REFLECT AN EXPANDED CONSTRUCTION ADMINISTRATION AND INSPECTION SCOPE AND TO INCRESE THE AGREEMENT IN AN AMOUNT OF $81,500 FOR A NEW TOTAL AGREEMENT AMOUNT NOT TO EXCEED $439,662.00; AND AUTHORIZING THE EXECUTION OF SAID SECOND AMENDMENT WHEREAS, on August 30, 2016, the City and HDR Engineering, Inc., (the “Engineer”) entered into a Short Form Agreement for Professional Services (the “Agreement”) whereby the City engaged the Engineer to provide professional engineering, design, consulting and related services in connection with the improvement and rehabilitation of Flood Control Pump Stations #2 and #9 (the “Project”) in an amount of $132,000 as approved by Ordinance No. 2016-08- 8410; and WHEREAS, the City of Paducah entered into Amendment No. 1 to the Agreement to increase the original Agreement to $358,162 due to an expanded scope and added third party inspection requirements as approved by Ordinance No. 2018-05-8532; and WHEREAS, On March 13, 2020, the City issued a stop work order against contractor Huffman Construction, LLC, and subsequently, approved Ordinance No. 2020-05-8638 to terminate the contract with Huffman Construction, LLC due to default and material breach of contract; and WHEREAS, the Engineer has worked with City on the rebidding process of the project including weekly meetings, answering question from potential contractor, coordinating with funding agencies, taking inventory of stored materials and assisting with rebid process; and WHEREAS, the Engineer is currently performing grant and funding administration service, including coordination with KIA/SRF and CDBG; and WHEREAS, in course of construction, substantial defects were found on Pumps #4 and #6 requiring additional research and the development of new vertical column pump specifications for use in the solicitation of bids for new pumps; and WHEREAS, the City and the Engineer are in agreement to accommodate the expansion of the scope of services by the Engineer by amending the Agreement to adjust the hourly professional services and construction administration portion of the contract. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Recitals and Authorization. The City hereby approves the Second Amendment to the Professional Service Agreement with HDR Engineering. Inc., for an increase in the amount of $81,500 for expanded construction administration and inspection services. Said Second Amendment results in a total Agreement cost of $439,662.00. It is further determined that it is necessary and desirable and in the best interests of the City to enter into this Second Amendment. Further, the Mayor of the City is hereby authorized to execute all documents related to said Amendment. SECTION 2. Compensation. The expenditure authorized in Section 1 above shall be funded through the Pump Station # 2 Rehab Project Account No. FW0014. SECTION 3. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 4. Compliance With Open Meetings laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 5. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 6. Effective Date. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. _____________________ Brandi Harless, Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, ______________________ Adopted by the Board of Commissioners, _______________________ Recorded by Lindsay Parish, City Clerk, ___________________ Published by The Paducah Sun, _________________________ ord\eng\agree-amend 2 HDR floodwall pump stations #2 & #9 hdrinc.com October 30, 2020 Mr. Rick Murphy, PE City Engineer City of Paducah, KY 300 South 5th Street PO Box 2267 Paducah, KY 42002 RE: HDR Contract Financial Status Paducah Flood Pump Station #2 & #9 Improvement Projects Dear Mr. Murphy, HDR is notifying the City of Paducah of out of scope work items for design services during construction (Exhibit A-1 in Amendment 1 dated May 29, 2018). These changes are as follows: In the process of rehabilitating the pumps in accordance with the contract documents, substantial defects were found on Pumps #4 & #6. HDR researched possible remedial measures to facilitate pump rehab per specification by consulting with pump and corrosion experts within HDR. However, due to substantial material loss and cracks in the casted components, salvaging and/or rehabbing these elements were deemed impractical. As a result, HDR developed new vertical column pump specifications for use in the solicitation and bidding of new pumps. This effort was beyond what was estimated for design services during construction. HDR is proposing an addition of $8,500 to the contract amount to cover this overage. HDR is currently performing grant and funding administration services support, including coordination with KIA/SRF and CDBG since hiring Sheryl Chino. These services were previously performed by Sheryl while employed at Denton Law Firm. The contract does not currently have a categorical rate for a Funding Specialist. HDR is proposing to add an additional a rate of $130/hour. Projecting future needs, HDR is proposing an addition of $25,000 to the contract amount. HDR, under a separate letter and in conjunction with City of Paducah, is seeking reimbursement for time and effort expended dealing with the default and termination of Huffman Construction, LLC in the amount of $48,000. In total, HDR is requesting an increase to the hourly not to exceed portion of the contract in the amount of $81,500 to a new ceiling amount of $345,978.54. The total new contract amount, including the lump sum portion, would be $439,662. In addition to the request for additional fee for the hourly services, HDR respectfully requests rate adjustments. The following rates below would replace hourly rates in the original contract dated August 30th, 2016. Project Manager - $200/hour Project Engineer - $150/hour (New Rate) Sr. Designer - $125/hour Construction Administrator - $155/hour Funding Specialist - $130/hour (New Rate) Clerical - $85/hour Resident Engineer - $115/hour Please let me know if there are any questions or if you need additional information. Sincerely, Kyle R. Guthrie, P.E. Ben R. Edelen, PE, PLS Associate Vice President Sr. Vice President cc: Mike Hansen, PE Sheryl Chino Melanie Townsend hdrinc.com October 30,2020 Mr.Rick Murphy,PE City Engineer City of Paducah,KY 300 South 5th Street PO Box 2267 Paducah,KY 42002 RE:HDR Additional Costs Paducah Flood Pump Station #2 Rebid Dear Mr.Murphy, On March 13,2020 HDR on behave of the City issued a stop work order against the contractor Huffman Construction,LLC.Subsequently,the City approved an ordinance at the May 26th Commission Meeting,to terminate the contract with Huffman Construction,LLC due to default and material breach of contract. During the time period between March thru October,HDR expended significant amount of time and effort for rebid and selection of a new Contractor.These tasks included: Coordination with the City to aid in the termination process of Huffman Construction LLC Inventory and verification of stored materials Development of Contract Documents for rebid (conformed Plans and Specifications) Leading rebidding process with the three (3)invited Contractors (Pace,Crowder,&CJ Mahan) o Answering Questions o Site Visits o Prebid Meeting o Evaluation of Bids Weekly meetings with City to provide status updates Communicating with the funding agencies to assure conformity Engineers Recommendation of Award to Pace Contracting,LLC Approval of Schedule of Construction and Values provide by Pace Atotalof246hoursw ,equatingtoafeeof$48,000.HDRbelievesthatthiscostisdirectly attributeddefaultofHuffmanConstruction,LLCandqualifiesforreimbursementthroughWestern SuretyunderthePerformance Bond. Please let me know if there are any questions you need additional information to support this claim. Sincerely, Kyle R.Guthrie,P.E. Associate Vice President Agenda Action Form Paducah City Commission Meeting Date: November 24, 2020 Short Title: Closure of Two Alleys Extending West of Northview Street Onto the Paducah-McCracken County Joint Sewer Agency Property Located at 621 Northview Street - R MURPHY Category: Ordinance Staff Work By: Josh Sommer, Melanie Townsend Presentation By: Rick Murphy Background Information: The adjacent property owner, Paducah-McCracken County Joint Sewer Agency, has submitted an executed application requesting the two alleys extending west of Northview Street onto the property located at 621 Northview Street be closed. On November 2, 2020, the Planning Commission held a Public Hearing and made a positive recommendation to the City Commission for this closure. All of the utility companies have agreed to this closure Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: To adopt an ordinance authorizing the closing of two alleys extending west of Northview Street onto the Paducah-McCracken County Joint Sewer Agency property located at 621 Northview Street and authorizing the Mayor to execute the closure plat and all necessary documents to complete the transfer of property to the adjacent property owner. Attachments: 1.Ordinance alley – 621 Northview Alley Closure JSA 2.621 Northview Alley Closure_PC Resolution 3.621 Northview Alley Closure_Application 4.621 Northview Alley Closure_Plat ORDINANCE NO. 2020-_____-________ AN ORDINANCE PROVIDING FOR THE CLOSING OF TWO ALLEYS EXTENDING WEST OF NORTHVIEW STREET ONTO THE PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY PROPERTY LOCATED AT 621 NORTHVIEW STREET, 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 the closing of two alleys extending west of Northview Street as follows: ALLEY CLOSURE – TRACT 1A - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the west side of Northview Street and north of 7th Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at an aluminum disk (found) at the intersection of the west right -of-way of Northview Street and the north right-of-way of 7th Street; Thence with the west right-of-way of Northview Street, N31º55’59”E a distance of 115.03 ft. to a point in the center of a 30’ alley; Thence along the centerline of above said alley, N62º01’25”W a distance of 113.96 ft. the True Point of Beginning; Thence from the True Point of Beginning, N62º01’25”W a distance of 116.71 ft. to a point; Thence, S27º58’35”W a distance of 15.00 ft. to a point, said point being the northwest corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 114); Thence, N62º01’25”W a distance of 50.00 ft. to a point; Thence, N31º58’52”E a distance of 30.03 ft. to a point; Thence, S62º02’01”E a distance of 164.61 ft. to a point; Thence, S27º58’35”W a distance of 14.98 ft. to the True Point of Beginning. The above described Tract contains 3,214 square feet. ALLEY CLOSURE – TRACT 1B - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the west side of Northview Street and north of 7th Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at an aluminum disk (found) at the intersection of the west right -of-way of Northview Street and the north right-of-way of 7th Street; Thence with the west right-of-way of Northview Street, N31º55’59”E a distance of 99.99 ft. to a ½” rebar (found), said point being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 984, Page 138); Thence leaving the west right-of-way line of Northview Street, N62º01’25”W a distance of 204.64 ft. to the True Point of Beginning, said point also being the northwest corner of the Paducah -McCracken County Joint Sewer Agency property (recorded in Deed Book 1413, Page 212), said point also being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 114); Thence from the True Point of Beginning, N62º01’25”W a distance of 25.00 ft. to a point, said point being the northwest corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 114); Thence, N27º58’35”E a distance of 15.00 ft. to a point, said point being in the centerline of 30’ alley; Thence with the centerline of above said alley, S62º01’25”E a distance of 25.00 ft. to a point; Thence, S27º58’35”W a distance of 15.00 ft. to the True Point of Beginning. The above described Tract contains 375 square feet. ALLEY CLOSURE – TRACT 1C - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the west side of Northview Street and north of 7th Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at an aluminum disk (found) at the intersection of the west right-of-way of Northview Street and the north right-of-way of 7th Street; Thence with the west right-of-way of Northview Street, N31º55’59”E a distance of 99.99 ft. to a ½” rebar (found), said point being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 984, Page 138); Thence leaving the west right-of-way line of Northview Street, N62º01’25”W a distance of 104.64 ft. to the True Point of Beginning, said point also being the northwest corner of the Paducah -McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 103), said point also being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1413, Page 212); Thence from the True Point of Beginning, N62º01’25”W a distance of 100.00 ft. to a point, said point being the northwest corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1413, Page 212), said point also being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 114); Thence, N27º58’35”E a distance of 15.00 ft. to a point, said point being in the centerline of 30’ alley; Thence with the centerline of above said alley, S62º01’25”E a distance of 100.00 ft. to a point; Thence, S27º58’35”W a distance of 15.00 ft. to the True Point of Beginning. The above described Tract contains 1,500 square feet. ALLEY CLOSURE – TRACT 1D - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the west side of Northview Street and north of 7th Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at an aluminum disk (found) at the intersection of the west right -of-way of Northview Street and the north right-of-way of 7th Street; Thence with the west right-of-way of Northview Street, N31º55’59”E a distance of 99.99 ft. to a ½” rebar (found), said point being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 984, Page 138); Thence leaving the west right-of-way line of Northview Street, N62º01’25”W a distance of 95.64 ft. to the True Point of Beginning, said point also being the northwest corner of the Paducah -McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 92), said point also being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 103); Thence from the True Point of Beginning, N62º01’25”W a distance of 9.00 ft. to a point, said point being the northwest corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 103), said point also being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1413, Page 212); Thence, N27º58’35”E a distance of 15.00 ft. to a point, said point being in the centerline of 30’ alley; Thence with the centerline of above said alley, S62º01’25”E a distance of 9.00 ft. to a point; Thence, S27º58’35”W a distance of 15.00 ft. to the True Point of Beginning. The above described Tract contains 135 square feet. ALLEY CLOSURE – TRACT 1E - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the west side of Northview Street and north of 7th Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at an aluminum disk (found) at the intersection of the west right -of-way of Northview Street and the north right-of-way of 7th Street; Thence with the west right-of-way of Northview Street, N31º55’59”E a distance of 99.99 ft. to a ½” rebar (found), said point being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 984, Page 138); Thence leaving the west right-of-way line of Northview Street, N62º01’25”W a distance of 70.64 ft. to the True Point of Beginning, said point also being the northwest corner of the Paducah -McCracken County Joint Sewer Agency property (recorded in Deed Book 984, Page 138), said point also being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 92); Thence from the True Point of Beginning, N62º01’25”W a distance of 25.00 ft. to a point, said point being the northwest corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 92), said point also being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 103); Thence, N27º58’35”E a distance of 15.00 ft. to a point, said point being in the centerline of 30’ alley; Thence with the centerline of above said alley, S62º01’25”E a distance of 25.00 ft. to a point; Thence, S27º58’35”W a distance of 15.00 ft. to the True Point of Beginning. The above described Tract contains 375 square feet. ALLEY CLOSURE – TRACT 1F - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the west side of Northview Street and north of 7th Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at an aluminum disk (found) at the intersectio n of the west right-of-way of Northview Street and the north right-of-way of 7th Street; Thence with the west right-of-way of Northview Street, N31º55’59”E a distance of 99.99 ft. to a ½” rebar (found), said point being the northeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 984, Page 138), said point being the True Point of Beginning; Thence leaving the west right-of-way line of Northview Street, N62º01’25”W a distance of 70.64 ft. to a point, said point also being the northwest corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 984, Page 138), said point also being the northeast corner of the Paducah- McCracken County Joint Sewer Agency property (recorded in Deed Book 1416, Page 92); Thence, N27º58’35”E a distance of 15.00 ft. to a point, said point being in the centerline of 30’ alley; Thence with the centerline of above said alley, S62º01’25”E a distance of 71.67 ft. to a point, said point being in the west right-of-way of Northview Street; Thence along above said right-of-way, S31º55’59”W a distance of 15.04 ft. to the True Point of Beginning. The above described Tract contains 1,067 square feet. ALLEY CLOSURE – TRACT 1G - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the west side of Northview Street and north of 7th Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at an aluminum disk (found) at the intersection of the west right-of-way of Northview Street and the north right-of-way of 7th Street; Thence with the west right-of-way of Northview Street, N31º55’59”E a distance of 115.03 ft. to a point in the center of a 30’ alley being the True Point of Beginning; Thence from the True Point of Beginning and along the centerline of above said alley, N62º01’25”W a distance of 113.96 ft. to a point; Thence, N27º58’35”E a distance of 14.98 ft. to a point; Thence, S62º02’01”E a distance of 115.00 ft. to a ½” pipe (found), said point being the southeast corner of the Paducah-McCracken County Joint Sewer Agency property (recorded in Deed Book 1413, Page 212), said point also being in the west right -of-way of Northview Street; Thence along the above said right-of-way, S31º55’59”W a distance of 15.04 ft. to the True Point of Beginning. The above described Tract contains 1,716 square feet. ALLEY CLOSURE – TRACT 2 - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the west side of Northview Street and north of 7th Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at an aluminum disk (found) at the intersection of the west right-of-way of Northview Street and the north right-of-way of 7th Street; Thence with the west right-of-way of Northview Street, N31º55’59”E a distance of 486.14 ft. to a point, said point being the True Point of Beginning; Thence from the True Point of Beginning and leaving the west right-of-way line of Northview Street, N62º02’01”W a distance of 100.00 ft. to a point; Thence, N31º55’59”E a distance of 16.00 ft. to a point; Thence, S62º02’01”E a distance of 100.00 ft. to a point, said point being in the west right-of-way line of Northview Street; Thence with the above said right-of-way, S31º55’59”W a distance of 16.00 ft. to the True Point of Beginning. The above described Tract contains 1,596 square feet. 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. The Paducah-McCracken County Joint Sewer Agency owns the property abutting the public way which the Board of Commissioners has authorized to be closed as is evidenced by the application for street and/or alley closing which is attached hereto and made part hereof. b. On the 2nd day of November, 2020, 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. c. Written notice of the proposed closing was given to all 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. d. All property owners in or abutting the public way or the portion thereof being closed have given their written notarized consent to the closing as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. SECTION 3. 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 4. The Mayor is hereby authorized, empowered, and directed to execute a quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way to be closed with each to acquire title to that portion of the public way contiguous to the property now owned by said property owners 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 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ___________________________________ Brandi Harless, 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\alley – 621 Northview Alley Closure JSA 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 City of Paducah, Kentucky Public Right-of-Way Closure Application