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
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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
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Harris Rd
Eva DrMaxon RdHolt RdPerennial LnHeartland Dr
Orchard View DrCarr RdCimarron WayElla W
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West Park DrFairlane AveT echnology D rJordan DrM
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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