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HomeMy WebLinkAboutCCMPacket2017-02-14ROLL CALL INVOCATION CITY COMMISSION MEETING AGENDA FOR FEBRUARY 14, 2017 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET PLEDGE OF ALLEGIANCE - Addie Rogers, PTHS Sophomore ADDITIONS/DELETIONS I. MINUTES H. APPOINTMENTS A. Paducah Human Rights Commission B. Commissioners of Water Works C. Paducah Board of Adjustment III. MOTION A. R & F DOCllmentS IV. MUNICIPAL ORDER A. Personnel Actions B. Encroachment Agreement with MUSSelnlan Properties, LLC — R. MURPHY V. ORDINANCE(S) — ADOPTION A. Amend Ordinance for Artist Setup Area — S. ERVIN VI. ORDINANCE(S) —INTRODUCTION A. Final Annexation for Tri-State Construction Property — S. ERVIN B. Zone Change for Tri-State Construction Property — S. ERVIN C. Agreement for Concrete Ready -Mix foi- 2017-2018 — R. MURPHY D. Pavement Marking Contract 2017-2018 — R. MURPHY E. Contract for 2017-2018 Equipment Rental — R. MURPHY VII. CITY MANAGER REPORT VIII. MAYOR & COMMISSIONER COMMENTS EX. PUBLIC COMMENTS X. EXECUTIVE SESSION FEBRUARY 14, 2017 move that the following documents and bids be received and filed: DOCUMENTS 1. Assistant Agreement with the Kentucky Infrastructure Authority for Nater System Improvements (MO # 1929) 2. City of Paducah Financial Report for period ending December 31, 2016 BIDS FOR ENGINEERING PUBLIC WORKS Concrete Ready -Mix 2017-2018 1. Kotter Ready Mix 2. Federal Materials 2017-2018 Equipment Rental 1. Central Paving 2. Danny Cope & Sons 3, Harper Construction 2017-2018 Pavement Marking Contract 1. Brehm Striping Co. X *Denotes Recommended Bid CITY OF PADUCAH February 14, 2017 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. City Manager's Signature Date CITY OF PADUCAH PERSONNEL ACTIONS February 14, 2017 NEW HIRE FULL-TIME (FIT) POSITION RATE NCSICS FLSA EFFECTIVE DATE POLICE OPERATIONS Townsend, Mitchell W Recruit Officer $20.69JHr NCS Non -Ex March 2, 2017 Winebarger, Adam K Recruit Officer $20.69/Hr NCS Non -Ex March 2, 2017 TERWjRkFONS - fb[GTIME (F!f POLICE OPERATIONS Antonites, Nathan A Police Patrol Officer 524.15/Hr Craven, Shawn P Police Patrol Officer $23.87/Hr FIRE Kyle, Stephen D. Fire Chief $4$.28/Hr Police Sergeant NCS Non -Ex February 16, 2017 $26.47/Hr Police Sergeant NCS Non -Ex February 16, 2017 $26.37/Hr Fire Chief NCS Ex February 16, 2017 $50.21/Hr. POSITION REASON EFFECTIVE DATE 911 COMMUNICATIONS Lott, Kardata L Telecommunicator Resignation January 20, 2017 Legacy, Lewis 911 Shift Supervisor Resignation February 1, 2017 POLICE OPERATIONS Nelhoff, Cindy L Police Patrol Officer Termination February 10, 2017 PAYROLL ADJUSTMENTS!TRANSFERSIPROMOTIONSITEMPORARYASSIGNMENTS _ ------------ --- ----------- -- _. — -- - — --- PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY PARKS SERVICES Wilson, Lessa Executive Assistant I Executive Assistant t NCS Non -Ex February 2, 2017 $17.85/Hr $18.48/Hr POLICE OPERATIONS Antonites, Nathan A Police Patrol Officer 524.15/Hr Craven, Shawn P Police Patrol Officer $23.87/Hr FIRE Kyle, Stephen D. Fire Chief $4$.28/Hr Police Sergeant NCS Non -Ex February 16, 2017 $26.47/Hr Police Sergeant NCS Non -Ex February 16, 2017 $26.37/Hr Fire Chief NCS Ex February 16, 2017 $50.21/Hr. Agenda Action Form Paducah Cite Commission Meeting Date: February 14, 2017 Short Title: Encroachment Agreement with Musselman Properties, LLC adjacent to Labelle Avenue. ❑Ordinance ❑ Emergency 1 Municipal Order ❑ Resolution ❑ Motion Staff Work By: Any Nuckolls, EPw, Executive Assistant l Presentation By Rick Murphy, P.E,, City Engineer -Public works Director Background Information: Musselman Properties, LLC located at 500 South Friendship Road has requested use of a pre- existing concrete platform and the construction of new stairs encroaching upon the right of way of Labelle Avenue. This encroachment will be located along the Eastern right of way of Labelle Avenue and also being located adjacent to the Grantee's property located at 3121 Broadway. A depiction of the encroachment area is attached as Appendix "A". Goal: ZStrong Economy [] Quality Services❑ Vital Neighborhoods❑ Restored DoNvntmvils Funds Available: Account Name: N/A Account Number: N/A Finance Staff Recommendation: To adopt a Municipal Order authorizing the Mayor to execute an Encroachment Agreement with Musselman Properties, LLC located at 500 South Friendship Road for utilization of the right of way of Labelle Avenue for continued use of the existing concrete platform and the construction of new stairs. Attachments: Encroachment Agreement with Appendix "A" r De" meat ead City Clerk City Manager ~� MUNICIPAL ORDER NO, A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHIMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND �ILTSSEL tIA'�' PROPERTIES; LLC FOR AN ENCROACHMENT ALONG THE EASTERN RIGHT-OF-WAY OF LABELLE AVENUE LOCATED ADJACENT TO NIUSSEL\-IAN'S PROPERTY AT 3121 BROADWAY FOR CONTINUED USE OF AN EXISTING CONCRETE PLATFORM AND CONSTRUCTION OF NEW STAIRS WHEREAS, tMusselman Properties, LLC is the owner of property located at 3121 Broad\vay, situated in McCracken County, Paducah, Kentucky; and WHEREAS, the City of Paducah is the owner of portion of Labelle Avenue right-of-way located adjacent to 3121 Broadway, situated in McCracken County; Paducah, Kentucky; and WHEREAS, Musselman Properties is desirous of encroaching upon and utilizing a portion of the eastern right of way of Labelle Avenue for continued use of an existing concrete platform and the construction of new stairs as means of ingress and egress; and WHEREAS, the City is desirous of permitting the aforesaid encroachment by jMusselman Properties; and WHEREAS, the City of Paducah and Musselman Properties, LLC have now entered into an agreement pertaining to the loregoing and do desire that same be set forth in writing and be made part of the public records of the City of Paducah, Kentucky, and recorded in the office of the Cotunty Court Clerk of McCracken County, Kentucky. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to enter into an Encroachment Agreement with Musseltnan Properties, LLC for construction of new stairs and continued use of an existing concrete platform located along the eastern right- of-way of Labelle Avenue and also located adjacent to Musselman's property located at 121 Broadway. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST Tamniara S. Sanderson, City Clerk Adopted by the Board of Commissioners February 14, 2017 Recorded by Tammara S. Sanderson, City Clerk, February 14, 2017 \.mo'.encronhment- Label le Ave-Musselman Properties ENCROACHMENT AGREEMENT THIS AGREEMENT made and entered into on this the day of , 2017 by and between the CITY OF PADUCAH, KENTUCKY, a Municipal Corporation, duly organized and existing under the laws of the Commonwealth of Kentucky, P. O. Box 2267, Paducah, Kentucky 42002-2267, hereinafter referred to as "Grantor", and MUSSELMAN PROPERTIES, LLC, a Limited Liability Corporation of Illinois, 500 South Friendship RD, Paducah, Kentucky 42003, hereinafter referred to as "Grantee"; WITNESSETH WHEREAS, Grantee is the owner of property located at 3121 Broadway known as Musselman Properties, as conveyed by Deed dated January 4, 2014, recorded in Deed Book 1245 Page 319 in the office of the County Clerk of McCracken County, Kentucky, and being situated in Paducah, Kentucky; and WHEREAS, Grantor is the owner of a portion the Labelle Avenue Right of Way located adjacent to 3121 Broadway, situated in Paducah, Kentucky; and WHEREAS, Grantee is desirous of encroaching upon and utilizing a portion of the right of way of Labelle Avenue for continued use of existing concrete platform and the construction of new stairs as a means of ingress and egress from the same.; and shown on "Appendix A" and WHEREAS, Grantor is desirous of permitting the aforesaid encroachment by Grantee, WHEREAS, Grantor and Grantee have now entered into an agreement pertaining to the foregoing and do desire that same be set forth in writing and be made part of the public records of the City of Paducah, Kentucky, and recorded in the office of the County Court Clerk of McCracken County, Kentucky. NOW, THEREFORE, for and in consideration of the foregoing premises, the parties do hereby covenant and agree as follows: The Grantor hereby agrees to allow an encroachment by Grantee of existing concrete platform and new stairs, hereinafter "Encroachment", to be located along the Eastern right of way of Labelle Avenue and also being located adjacent to Grantee's property located at 3121 Broadway. Said encroachment area shall be Page 1 of 4 6'-0" in width and 28'-0" in length and 2'-0" in width and 7'-0" in length. A depiction of the "Encroachment" is attached hereto as Appendix "A". 2. It is expressly understood and agreed that Grantee shall, at its own expense, install the facilities and all related appurtenances associated with the "Encroachment", which shall be in accordance with the specifications of the City of Paducah and subject to the prior approval by the City Engineer -Public Works Director. No construction shall commence until all appropriate permits have been obtained from all required departments of the City of Paducah, Kentucky. Subsequent to obtaining the required permits and the installation of the facilities associated with the "Encroachment", no enlargement, nor modifications shall be made in the future without the prior written consent of the City Engineer -Public Works Director. 3. It is expressly understood and agreed by and between Grantee and Grantor, that Grantee shall, at its own expense, repair any or all damage done within the adjacent right of way occasioned by the installation, maintenance, repair, and/or removal of the facilities associated with the "Encroachment" as may be reasonably required in the sole discretion of the City Engineer -Public Works Director. 4. Grantee covenants that it shall at all times maintain the Encroachment area, facilities, and all related appurtenances in good repair and operating condition. 5. In the event the Grantee does not maintain the Encroachment area, facilities, and all related appurtenances in good repair and operating condition or ceases to operate its commercial business at this aforementioned location, the Grantee shall remove all facilities and related appurtenances associated with the "Encroachment." 6. If for any reason the facilities associated with the "Encroachment" and all related appurtenances are removed by the Grantee, then this Encroachment Agreement shall at such time terminate. 7. The duration of this permit for Encroachment shall be deemed "at will", and shall terminate at such time the City Engineer -Public Works Director for the City of Paducah finds, in his sole and absolute discretion, that due to a public purpose it is in the best interest of Grantor to terminate said "Encroachment". In such an event, this Encroachment Agreement shall terminate, and Grantee shall remove the "Encroachment" and all related appurtenances within 60 days of receiving prior notice from the City Engineer -Public Works Director In the event Grantee does not remove the "Encroachment" subsequent to the 60 -day period, Grantor may Page 2 of 4 written. remove said "Encroachment", with removal expenses being the responsibility of the Grantee. 8. It is expressly understood and agreed by and between Grantor and Grantee that the Grantor's rights in and to the Encroachment and the surrounding area adjacent to the "Encroachment" are superior and paramount to the right of the use of Grantee. The Grantee shall in no way impair the right of Grantor to use the Encroachment and the aforesaid surrounding area and right of way, 9. Grantee shall maintain comprehensive general liability insurance covering the "Encroachment" in an amount agreeable to the City Manager, or his designee, with a reputable insurance company, which policy shall name the City of Paducah as an additional insured in respect to the Encroachment. The general liability certificate of insurance shall be presented to the City prior to the installation of the "Encroachment". 10. It is expressly understood and agreed that Grantee shall hereby fully release and discharge Grantor from, and shall fully protect, indemnify, and keep and save Grantor harmless from any and all liability, costs, darnages and expenses, including reasonable attorney fees, incident to injury (including injury resulting in death) of persons, or damage to or destruction of properly arising out of or in any way connected with the use of the Encroachment granted herein by Grantee or Grantee's employees, invitees, licensees, or customers, whether by omission or commission. 11. The covenants, terms, conditions, and obligations set forth herein and contained in this agreement shall be binding upon and inure to the benefit of Grantor and Grantee, their successors and assigns. 12. Grantee expressly understands and agrees that it may not convey any interest, right, or title in and to the Encroachment or this Agreement without the prior written consent from the City Engineer -Public Works Direcior, IN WITNESS WHEREOF, the parties hereto have set their hands on this date first above GRANTOR: THE CITY OF PADUCAH ZA Page 3 of 4 Brandi Harless, Mayor GRANTEE: MUSSELMAN PROPERTIES, LLC BY Name Title "r 01 F STATE OF KENTUCKY } COUNTY OF McCRACKEN ) The foregoing instrument was sworn and acknowledged before me on this day of , 20—, by Brandi Harless, Mayor of the City of Paducah, Kentucky, Grantor. My commission expires NOTARY PUBLIC, STATE AT LARGE SEAL STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn and acknowledged before me on this 114"- day of 31*4j, 20 1-1, by d ice{ py�p�►� , ka_Vt�_title, for Musselman Properties, LC, , Grantee. My commission expires t /I2/1 S Prepared by: Denton Law Firm P O Box 929 Paducah KY 42002-0929 Page 4 of 4 vv NOTARY PQOLIC, STATE AT 'LA,R`^E SEAL Agenda Action Form Paducah City Commission Meeting Date: February 7, 2017 Short Title: Artist Setup Area Text Amendments Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Melinda Winchester Presentation By: Stephen Ervin Background Information: The intent of the Artist Setup Area Text Amendment is to streamline the application and administration process within the City of Paducah Planning Department of the Artists Setup Area at the Gazebo and Texaco Station. The amendment will also align the pen -nit fees and structure with the City of Paducah's Finance Department. Staff Recommendation: Approval of text changes Funds Available: Motion: Account Name: N/A Account Number: NIA Attachments: Planning Commission Resolution Finance FDepartmentHeadCityClerk ger Agenda Action Form Paducah City Commission Meeting Date: February 14, 2017 Short Title: Annex Tri-State Construction Property Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Erwin, Joshua P. Sommer Presentation By: Stephen Ervin Background Information: The intent of this agenda item is to annex 2901 & 2905 Lone Oak Road, 2825 Maryland Street and adjacent Lone Oak Road Right -of -Way into the City of Paducah. A new retail building is proposed to be constructed at this location. Mr. Billy Brooks with Tri-State Construction requested annexation into the City via letter dated November 17, 2016. The City Commission adopted Ordinance #2017-1-8466, which expressed the City's intent to annex this property, on January 24, 2017. This ordinance will officially annex 2901 & 2905 Lone Oak Road, 2825 Maryland Street and adjacent Lone Oak Road Right -of -Way into the City of Paducah. Funds Available: Motion: Attachments: Account Name: N/A Account Number: N/A Department Head City Clerk — CityiMannager Finance ORDINANCE NO. 2017 -2 - AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE ANNEXATION OF CERTAIN PROPERTIES LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFT\TING ACCURATELY THE BOUNDARY OF SAID PROPERTIES TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, the City of Paducah adopted Ordinance No. 2017-1-8466 declaring its intent to annex tracts of property containing 1.922 acres located at 2901 & 2905 Lone Oak Road and 2825 Maryland Street; and WHEREAS, the tracts of property are contiguous to the present city limits, are urban in character and currently commercially developed; and WHEREAS, the owner of the tracts of property requested such annexation in writing to the Board of Commissioners of the City of Paducah. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY; SECTION 1. It is the intent of the City of Paducah, Kentucky, to finalize annexation of the hereinafter described properties, and therefore that the hereinafter described properties be annexed to, and be made a part of the City of Paducah, Kentucky said real properties being more particularly and accurately described as follows: Lying along Lone Oak Road (U.S Highway 45) and Maryland Street including Tri State Construction Inc. property recorded in Deed Book 1312, pages 324, 329 and 357 and shown as Lots 1, 2, and 4 per "Waiver of Subdivision for Novell Clark" recorded in Plat Section "G", page 246, McCracken County Court Clerks office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a'/2" rebar with cap no. 2105 set in the existing Corporate Limits to the City of Paducah at its intersection with Northwesterly right-of-way line of Lone Oak Road (U.S. Highway 45); THENCE FROM SAID POINT OF BEGINNING S 79°26'27" E with the existing corporate limits to said City of Paducah and passing an existing mag nail in concrete at 70.24 feet for a total distance of 70.63 feet to a point in the Southeasterly right-of-way line of Lone Oak Road at a corner to said existing corporate limits to the City of Paducah; thence Southwestwardly with the Southeasterly right-of-way line of said Lone Oak Road and with a curve to the right having a radius of 2,576.50 feet (a chord being S 35003'54" W 161.12 feet) a distance of 161.15 feet to a point at the end of said curve; thence S 74059'23" E and continuing with said Southeasterly right-of-way line 8.22 feet to an existing '/2" rebar 2 (bent) at a property corner between the David and Carolyn Perry property per Deed Book 805, page 472 and the William and Donna Gore Revocable Living Trust property per Deed Book 940, page 103; thence Southwestwardly with the Southeasterly right-of-way line of said Lone Oak Road for the following 2 calls; S 35005'37" W 80.07 feet to a point; and S 42008'02" W 97.32' feet to a point at its intersection with the Northeasterly right-of-way line of Augusta Avenue; thence S 39°09'07" W and crossing Augusta Avenue 53.22 feet to a point in the Southwesterly right-of-way line of said Augusta Avenue; thence S 25°53'53" E with a the Southwesterly right-of-way line of said Augusta Avenue 11.88 feet to a point in the Southeasterly right-of-way line of aforesaid Lone Oak Road; thence Southwestwardly with the Southeasterly right-of-way line of said Lone Oak Road for the following 3 calls: S 421107'53" W 12.44 feet to a point; N 47143'53" W 12.50 feet to a point; and S 44031'29" W 35.14 feet to a point at its intersection with the Southwesterly line, projected Southeastwardly of Lot 4 to Waiver of Subdivision for Novell Clark per Plat Section "G", page 246; thence N 42049'53" W with said projected Southwesterly line of said Lot 4 and crossing aforesaid Lone Oak Road 72.55 feet to an existing '/2" rebar in the Northwesterly right-of-way line of said Lone Oak Road and at the Southeasterly corner of said Lot 4 per Plat Section "G", page 246; thence N 421,49'53" W with the Southeasterly line of said Lot 4, 184.83 feet to an existing 1/2" rebar with cap (illegible) at the Southwesterly corner thereof; thence N 44°07'58" E with the Westerly line of said Lot 4, 113.90 feet to a'/z" rebar with cap no. 2105 set at the Northwesterly corner of said Lot 4 and the Southwest corner of Lot 2 per said Waiver of Subdivision for Novell Clark per Plat Section "G, page 246; thence N 2117'05" W with the Westerly line of said Lot 2, 86.65 feet to a mag nail set in concrete at the Northwest corner of said Lot 2 and a point in the Southerly right-of-way line of Maryland Street; thence Southeastwardly with the Southerly right-of-way line of said Maryland Street for the follows 3 calls: Southeastwardly with a curve to the right having a radius of 415.74 feet (a chord being S 85041'45" E 92.20 feet) a distance of 92.39 feet to a railroad spike set; S 79019'45" E 166.39 feet to a '/2" rebar with cap no. 2105 set at the beginning of a radius curve to the right having a radius of 19.00 feet; and Southeastwardly with said radius curve to the right (a chord being S 6119'15" E 12.29 feet) a distance of 12.52 feet to a '/2" rebar with cap no. 2105 set at the end of said radius curve at its intersection with the Northwesterly right-of-way line of aforesaid Lone Oak Road; thence N 35030'49" E and crossing Maryland Street 67.97 feet to the Point of Beginning and containing 1.922 Acres as shown on "Annexation Plat for Tri State Construction Inc." prepared by Shawnee Professional Services dated December 21, 2016. The above Legal Description was written by Rod H. Martin, Kentucky Licensed Surveyor, on the 21 t day of December, 2016 and is correct to the best of my knowledge and belief. Kentucky Professional Land Surveyor No. 2105 SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. 3 Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, February 14, 2017 Adopted by the Board of Commissioners, February 21, 2017 Recorded by Tammara S. Sanderson, City Clerk, February 21, 2017 Published by The Paducah Sun, \ord\plan\final-annex —(Tri-State Construction) 2901 Maryland 0 & 2905 Lone Oak Rd and 2825 Agenda Action Form Paducah City Commission Meeting Date: February 14, 2017 Short Title: Tri-State Construction Company Zone Change Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin, Joshua P. Sonuner Presentation By: Stephen Ervin Background Information: Market) is zoned HBD. Therefore; District. Site Data: Key Components: The applicant, Tri-State Construction Company, is requesting a zone change for 2901 & 2905 Lone Oak Road and 2825 Maryland Street from R-1 (Low Density Residential Zone) to HBD (Highway Business District). An intent to annex ordinance was adopted by the City Commission on January 24, 2017. This zone change request was initiated because the property owners petitioned the City of Paducah for annexation. When property is annexed into the City, it receives an automatic R-1 Low Density Residential designation, pursuant to Section 126-32 of the Paducah Zoning Ordinance. A new retail strip center is proposed for this site. Retail and restaurant uses are principally permitted in the HBD, pursuant to Section 126- 115 (1) of the Paducah Zoning Ordinance. The property to the north of these parcels (Banks this would be a continuation of the Highway Business Area: 1.922 acres Public Utilities: Adequate water and sewer service available. Public Services: Sanitation, police and fire service available. Physical Characteristics: Each of the three lots contains one racant building; which will be demolished. Development Plan: A 13,550 square foot retail strip center is proposed. Staff has reviewed the plan and relayed to the Engineer that: • The two parking spaces off Maryland Street will need to be removed because vehicles parked there will back into the Right -of -Way of Maryland Street. • All points of ingress/egress to either remain open or be closed should be better defined on the final site plan. • Eight trees will be required, These comments will not impede the submittal of a final site plan. Land Use Patterns: This section of Lone Oak Road has an established urban fabric. Banks Market is located north of this site across Maryland Street. Owen's Cleaners, Cape Electrical Supply, Southfork Lighting and O'Reilly Auto Parts are located on the east side of Lone Oak Road. A medical weight loss clinic is located south of this site. Adjacent Properties.- North: roperties: North: Maryland Street and Banks Market. East: Lone Oak Road and various businesses. South: Medical weight loss clinic. West: Portable building sales and two single-family homes. Zoning: HBD Highway Business District to the north. McCracken County Commercial "C' to the east, south and west. The parcels are proposed to be rezoned to HBD as fol lows; Sec. 126-116. Highway Business District, HBD. The intent of this district is to provide appropriate space and sufficient depth from the street to satisfy the needs of modern commercial development where access is entirely dependent on motor vehicle trade, and to encourage the development of these locations with such uses and in such a manner as to minimize traffic hazards and interference with other uses. (1) Permitted uses. a. Any use permitted in the B-3 Zone b. Automobile service and repair establishments, including gasoline service stations, repair garages and automatic car-washingestablishments; C. Hotels and motels; d. Recreational uses such as amusement parks, bowling alleys and roller-skating; archery ranges; miniature golf, golf -driving ranges and other similar recreational activities; e. Souvenir shops, roadside stands and curio shops when incidental to another permitted use; f. Office buildings; g. Retail establishments (product processing is allowed only if the products are sold at retail on the premises); h. Restaurants and eating establishments; i. Commercial parking lots and parking garages; j. Theaters. (2) Area regulations. The following requirements shall apply to all non-residential uses permitted in this district. All residential uses shall comply with the requirements of the R-4 Zone: a. Front yard. All buildings shall be set back from the street right-of-way line not less than 50 feet, except where a parallel access road is provided with construction requirements which meet the standards of the city street plan, b. Side yard. The width of any side yard which abuts a residential district shall not be less than 25 feet. In all other cases each side yard shall not be less than 12 feet. C. Rear yard. Each lot shall have a rear yard of not less than ten feet. Where a commercial building is serviced from the rear, there shall be a rear yard of not less than 30 feet; the depth of a rear yard which abuts a residential district shall not be less than 30 feet, d. Lot width. Each lot shall have a width at the front building line of not less than 75 feet. e. Lot area. There shall be a minimum lot area of not less than 10,000 square feet. f. Height requirements. None. g. Parking requirements, Same as section 126-71. h. Highway access. All points of ingress and egress to major arterials shall be at least 350 feet from the ramp pavement transition point of highway interchanges. Findings required for map amendment: KRS — 100.213 Before any map amendment is granted, the Planning Commission must find that the map amendment is in agreement with the comprehensive plan, or in the absence of such a finding, that one or more of the following apply and such findings shall be recorded in the minutes and records of the Planning Commission and City Commission: That the existing zoning classification given to the property is inappropriate and the proposed zoning classification is appropriate; or That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the comprehensive plan and which have substantially altered the basic character of the area. Staff Analysis — The area proposed to be re -zoned is in complia:ice with the Future Land Use Map. The Future Land Use Map shows the area to be zoned "Cor mercial". A retail building is principally permitted in the Highway Business District. At the February 6, 2017 Planning Commission meeting; a recommendation to change the zoning to Highway Business District (HBD) was forwarded to the City Commission. Funds Available: Account Name: N/A Account Number: N/A Finance Motion: Attachments: Planning Commission Resolution Zone Change Map/Development Plan Department 4Hea City Clerk �- -.Manager ORDINANCE NO. 2017 -2 - AN ORDINANCE APPROVIING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE CHANGE FROM R -I (LOW DENSITY RESIDENTIAL ZONE) TO HBD (HIGHWAY BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 2901 & 2905 LONE OAK ROAD AND 2825 MARYLAND STREET BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY; SECTION 1. That a resolution passed by the Paducah Planning Commission on February 6, 2017, and entitled, "A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANINTING COMMISSION ON THE PROPOSED ZONING CHANGE FROM R -I (LOW DENSITY RESIDENTIAL ZONE) TO HBD (HIGHWAY BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 2901 & 2905 LONE OAK ROAD AND 2825 MARYLAND STREET;' be approved as the final report of said Commission respecting the matters therein set forth. SECTION 2. That the zone classification and map amendment proposed in said resolution be and the same are hereby declared to be in agreement with the Comprehensive Plan of the City of Paducah. SECTION 3. That the zone classification of the following described property be and it is hereby changed from R-1 (Low Density Residential Zone) to HBD (Highway Business District): Lying along Lone Oak Road (U.S Highway 45) and Maryland Street including Tri State Construction Inc. property recorded in Deed Book 1312, pages 324, 329 and 357 and shown as Lots 1, 2, and 4 per "Waiver of Subdivision for Novell Clark" recorded in Plat Section "G", page 246, McCracken County Court Clerks office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a '/z" rebar with cap no. 2105 set in the existing Corporate Limits to the City of Paducah at its intersection with Northwesterly right-of-way line of Lone Oak Road (U.S. Highway 45); THENCE FROM SAID POINT OF BEGINNING S 79026'27" E with the existing corporate limits to said City of Paducah and passing an existing mag nail in concrete at 70.24 feet for a total distance of 70.63 feet to a point in the Southeasterly right-of-way line of Lone Oak Road at a corner to said existing corporate limits to the City of Paducah; thence Southwestwardly with the N Southeasterly right-of-way line of said Lone Oak Road and with a curve to the right having a radius of 2,576.50 feet (a chord being S 35°03'54" W 161.12 feet) a distance of 161.15 feet to a point at the end of said curve; thence S 74°59'23" E and continuing with said Southeasterly right-of-way line 8.22 feet to an existing '/2" rebar (bent) at a property corner between the David and Carolyn Perry property per Deed Book 805, page 472 and the William and Donna Gore Revocable Living Trust property per Deed Book 940, page 103; thence Southwestwardly with the Southeasterly right-of-way line of said Lone Oak Road for the following 2 calls; S 3505'37" W 80.07 feet to a point; and S 42°08'02" W 97.32' feet to a point at its intersection with the Northeasterly right-of-way line of Augusta Avenue; thence S 39109'07" W and crossing Augusta Avenue 53.22 feet to a point in the Southwesterly right-of-way line of said Augusta Avenue; thence S 25°53'53" E with a the Southwesterly right-of-way line of said Augusta Avenue 11.88 feet to a point in the Southeasterly right-of-way line of aforesaid Lone Oak Road; thence Southwestwardly with the Southeasterly right-of-way line of said Lone Oak Road for the following 3 calls: S 42107'53" W 12.44 feet to a point; N 47043'53" W 12.50 feet to a point; and S 44031'29" W 35.14 feet to a point at its intersection with the Southwesterly line, projected Southeastwardly of Lot 4 to Waiver of Subdivision for Novell Clark per Plat Section "G", page 246; thence N 421,49'53" W with said projected Southwesterly line of said Lot 4 and crossing aforesaid Lone Oak Road 72.55 feet to an existing 1/2" rebar in the Northwesterly right-of-way line of said Lone Oak Road and at the Southeasterly corner of said Lot 4 per Plat Section "G", page 246; thence N 42149'53" W with the Southeasterly line of said Lot 4, 184.83 feet to an existing '/2" rebar with cap (illegible) at the Southwesterly corner thereof; thence N 44107'58" E with the Westerly line of said Lot 4, 113.90 feet to a'/2" rebar with cap no. 2105 set at the Northwesterly corner of said Lot 4 and the Southwest corner of Lot 2 per said Waiver of Subdivision for Novell Clark per Plat Section "G', page 246; thence N 2117'05" W with the Westerly line of said Lot 2, 86.65 feet to a mag nail set in concrete at the Northwest corner of said Lot 2 and a point in the Southerly right-of-way line of Maryland Street; thence Southeastwardly with the Southerly right-of-way line of said Maryland Street for the follows 3 calls: Southeastwardly with a curve to the right having a radius of 415.74 feet (a chord being S 85041'45" E 92.20 feet) a distance of 92.39 feet to a railroad spike set; S 79019'45" E 166.39 feet to a '/2" rebar with cap no. 2105 set at the beginning of a radius curve to the right having a radius of 19.00 feet; and Southeastwardly with said radius curve to the right (a chord being S 6119'15" E 12.29 feet) a distance of 12.52 feet to a '/2" rebar with cap no. 2105 set at the end of said radius curve at its intersection with the Northwesterly right-of-way line of aforesaid Lone Oak Road; thence N 35030'49" E and crossing Maryland Street 67.97 feet to the Point of Beginning and containing 1.922 Acres as shown on "Annexation Plat for Tri State Construction Inc." prepared by Shawnee Professional Services dated December 21, 2016. The above Legal Description was written by Rod H. Martin, Kentucky Licensed Surveyor, on the 21"' day of December, 2016 and is correct to the best of my knowledge and belief. Kentucky Professional Land Surveyor No. 2105 3 SECTION 4. That if any section. paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections; paragraphs and provisions. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson; City Clerk Introduced by the Board of Commissioners, February 14; 2017 Adopted by the Board of Commissioners, February 21, 2017 Recorded by Tammara S. Sanderson, City Clerk, February 21, 2017 Published by The Paducah Sun, \ord\plan\zone\Tri-State Construction -2901 & 2905 Lone Oak Rd and 2825 Maryland 4 A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONING CHANGE FROM R -I (LOW DENSITY RESIDENTIAL. ZONE) TO HBD (HIGHWAY BUSINESS DISTRICT) FOR PROPERTY LOCATED 2901 & 2905 LONE OAK ROAD AND 2825 MARYLAND STREET. WHEREAS, a public hearing was held on February 6, 2017 by the Paducah Planning Commission after advertisement pursuant to law, and WHEREAS, this Commission has duly considered said proposal and has heard and considered the objections and suggestions of all interested parties who appeared at said hearing, and WHEREAS, the existing zoning, R-1 (Low Density Residential), is inappropriate and HBD (Highway Business District) is appropriate, and WHEREAS, Tri-State Construction Company has petitioned the City of Paducah for annexation, and WHEREAS, the Future Land Use Map of the City of Paducah reflects said parcels to be zoned commercial. NOW THEREFORE, BE IT RESOLVED BY THE PADUCAH PLANNING COMNOSSION: SECTION 1. That this Commission recommend to the Mayor and the Board of Commissioners of the City of Paducah the amendment of the Paducah Zoning Ordinance so as -to change the zoning for the aforementioned area from R -I (Low Density Residential Zone) to HBD (Highway Business District) and being more particularly described as follows: Lying along Lone Oak Road (U.S Highway 45) and Maryland Street including Tri State Construction Inc. property recorded in Deed Book 1312, pages 324, 329 and 357 and shown as Lots 1, 2 and 4 per "Waiver of Subdivision for Novell Clark" recorded in Plat Section "G", page 246, McCracken County Court Clerk's office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a %" rebar with cap no. 2105 set in the existing Corporate Limits to the City of Paducah at its intersection with Northwesterly right-of-way line of Lone Oak Road (U.S. Highway 45); THENCE FROM SAID POINT OF BEGINNING S 79°26'27" E with the existing corporate limits to said City of Paducah and passing an existing mag nail in concrete at 70.24 feet for a total distance of 70.63 feet to a point in the Southeasterly right-of-way line of Lone Oak Road at a corner to said existing corporate limits to the City of Paducah; thence Southwestwardly with the Southeasterly right-of-way line of said Lone Oak Road and with a curve to the right having a radius of 2,576.50 feet (a chord being S 35°03'54" W 161.12 feet) a distance of 161.15 feel to a point at the end of said curve; thence S 74159'23" E and continuing with said Southeasterly right-of-way line 8.22 feet to an existing %z" rebar (bent) at a property corner between the David and Carolyn Perry property per Deed Book 805, page 472 and the William and Donna Gore Revocable Living Trust property per Deed Book 940, page 103; thence Southwestwardly with the Southeasterly right-of-way line of said Lone Oak Road for the following 2 calls; S 35105'37" W 80.07 feet to a point; and S 42008'02" W 97.32' feet to a point at its intersection with the Northeasterly right-of-way line of Augusta Avenue; thence S 39109'07" W and crossing Augusta Avenue 53.22 feet to a point in the Southwesterly right-of-way line of said Augusta Avenue; thence S 25°53'53" E with a the Southwesterly right-of-way line of said Augusta Avenue 11.88 feet to a point in the Southeasterly right-of-way line of aforesaid Lone Oak Road; thence Southwestwardly with the Southeasterly right-of-way line of said Lone Oak Road for the following 3 calls: S 42°07'53" W 12.44 feet to a point; N 47°43'53" W 12.50 feet to a point; and S 44031'29" W 35.14 feet to a point at its intersection with the Southwesterly line, projected Southeastwardly of Lot 4 to Waiver of Subdivision for Novell Clark per Plat Section "G", page 246; thence N 42°49'53" W with said projected Southwesterly line of said Lot 4 and crossing aforesaid Lone Oak Road 72.55 feet to an existing ''/2" rebar in the Northwesterly right-of-way line of said Lone Oak Road and at the Southeasterly corner of said Lot 4 per Plat Section "G", page 246; thence N 42049'53" W with the Southeasterly line of said Lot 4, 184.83 feet to an existing ''/2" rebar with cap (illegible) at the Southwesterly corner thereof; thence N 44°07'58" E with the Westerly line of said Lot 4, 113.90 feet to a Yz" rebar with cap no. 2105 set at the Northwesterly corner of said Lot 4 and the Southwest corner of Lot 2 per said Waiver of Subdivision for Novell Clark per Plat Section "G', page 246; thence N 2117'05" W with the Westerly line of said Lot 2, 86.65 feet to a mag nail set in concrete at the Northwest corner of said Lot 2 and a point in the Southerly right-of-way fine of Maryland Street; thence Southeastwardly with the Southerly right- of-way line of said Maryland Street for the follows 3 calls: Southeastwardly with a curve to the right having a radius of 415.74 feet (a chord being S 85141'45" E 92.20 feet) a distance of 92 39 feet to a railroad spike set; S 79119'45" E 166.39 feet to a ''%" rebar with cap no. 2105 set at the beginning of a radius curve to the right having a radius of 19.00 feet; and Southeastwardly with said radius curve to the right (a chord being S 6119'15" E 12.29 feet) a distance of 12.52 feet to a %" rebar with cap no. 2105 set at the end of said radius curve at its intersection with the Northwesterly right-of-way line of aforesaid Lone Oak Road; thence N 35130'49" E and crossing Maryland Street 67.97 feet to the Point of Beginning and containing 1.922 Acres as shown on "Annexation Plat for Tri State Construction Inc." prepared by Shawnee Professional Services dated December 21, 2016. SECTION 2. That this Resolution shall be treated as, and is, the Final report of the Paducah Planning Commission respecting the matters appearing herein. SECTION 3. That if any section, paragraph or provision of this lZesolution shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this Resolution to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. U Cathy cel us, Chairwoman Adopted by the Paducah Planning Commission on February 6, 2017 Agenda Action Form Paducah City Commission Meeting Date: FebruaiT 14, 2017 Short Title: Agreement for Concrete Ready -Mix for 2017-2018 ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Brandy Topper -Curtiss, Street Superintendent Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On January 12, 2017, sealed bids were opened and read aloud for the City of Paducah's purchase of Concrete Ready -Mix. This contract will be utilized to obtain Concrete Ready - Mix required for various construction projects, street repair and miscellaneous projects within the City of Paducah for the 2017 and 2018 calendar year. Two bids were received, with Federal Materials submitting the lowest base bid for the Concrete Ready -Mix unit bid prices as shown on the attached bid tab. The contract unit prices shall begin upon execution of the contract and end December 31, 2018. The contract has the option for an additional one-year renewal, ending December 31; 2019, upon the mutual agreement of both parties. Goal: ❑Strong Economy ®Quality Services ®Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Various Accounts .3 Account Number: Finance Project Number: Staff Recommendation: To receive and file the bids submitted for the 2017-2018 Concrete Ready -Mix Contract and adopt an Ordinance authorizing the Mayor to enter into an agreement with The Federal Materials Co., LLC, for the unit prices listed on the attached bid tab for the 2017 and 2018 calendar year ending December 31, 2018; and to authorize the Mayor, subsequent to the recommendation of the City Engineer -Public Works Director, the option to execute a "One - Year Renewal Agreement" extending the contract time period for the 2019 calendar year ending December 31, 2019, upon the mutual agreement of both parties. Attachments: Advertisement, Bids, Bid Tab, proposed Contract Departrpent ea City Clerk _ =�� CiteManager ORDINANCE NO. 2017 -2 - AN ORDINANCE ACCEPTING THE BID OF FEDERAL MATERIALS CO.. LLC, FOR SALE TO THE CITY OF ITS REQUIREMENT OF CONCRETE READY -MIX, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City accepts the bid of Federal Materials Co., LLC, for sale to the City of its requirement of concrete ready -mix, for the remainder of 2017 and calendar year 2018, ending December 31, 2018; with a one-year option to renew ending December 31, 20195 said bid being in substantial compliance with the bid specifications, and as contained in the bid of Federal Materials Co., LLC, of January 12, 2017, for the following prices: CONCRETE ENDOR Federal Materials Co., LLC UNIT PRICE DESCRIPTION UNIT Class A Concrete C. Y. $93.50 Class AA Concrete C, Y. $96.50 Class M Concrete C. Y. $126.50 Flowable Fill — 1,000 PSI C, Y. $80.00 Flowable Fill — 80 PSI C. Y, $77.00 SECTION 2. The Mayor is hereby authorized to execute a contract with Federal Materials Co., LLC, which includes a one-year renewal option, for sale to the City of the material authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid of January 12, 2017. Said contract shall begin upon execution and end December 31, 2018. Further, the Mayor is hereby authorized to execute, subsequent to the recommendation of the City Engineer -Public Works Director, the option for an additional one-year renewal ending December 31. 2019 upon mutual agreement of both parties. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, February 14, 2017 Adopted by the Board of Commissioners, February 21, 2017 Recorded by Tammara S, Sanderson, City Clerk, February 21, 2017 Published by The Paducah Sun, \ord\eng\contract-concrete 2017-2018 CITY OF PADUCAH ENGINEERING -PUBLIC WORKS DEPARTMENT Concrete Ready -Mix 2017-2018 Lowest Bid Price of Responsive and Responsible Bidder BID DATE OPENING: Thursday, January 12, 2017 2:00 pm CST No Bid Bond Required Bidder's Affidavit Included: Kotter Ready Mix Federal Materials BIDDER Yes Yes Responsive & Responsible Bidder: P 0 Box 147 2425 Wayne Sullivan Drive Metropolis, IL 62960 Paducah, KY 42003 618-524-8221 270-442-5496 kennady(cDcomcast.net dhum hre I'mc1.com UNIT ITEM UNIT DESCRIPTION UNIT PRICE PRICE Class A Concrete CY $110.00 $93.50 Class AA Concrete CY $115.00 $96.50 Class M Concrete CY $125.00 $126.50 Flowable Fill -1,000 PSI CY $100.00 $80.00 Plowable Fill - 80 PSI CY $90.00 $77.00 No Bid Bond Required Bidder's Affidavit Included: Yes Yes Certificate of KYDOH included: Yes Yes Responsive & Responsible Bidder: Yes Yes OWNER EVALUATION OF BIDS: PREFERENCE TO KENTUCKY BIDDERS: State Bidder is Resident If Not KY Resident - Preference given Addition Reciprocal Preference for KY Bidders BID RECOMMENDED FOR ACCEPTANCE: Federal Materials cozoc AGREEMENT Page 1 of 2 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENTFOR CONCRETE READY -MIX CONTRACT 2017-2018 THIS AGREEMENT, made this day of , 2017 by and between the CITY OF PADUCAH, KENTUCKY hereinafter called the OWNER, and Federal Materials, hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: Whereas, the Vendor hereby agrees to sell and deliver to the City of Paducah the Owner's requirement of Concrete Ready -Mix meeting the current edition of the "Kentucky Bureau of Highways Standard Specifications for Road and Bridge Construction". This material shall be supplied for various construction projects and street repair in accordance with the specifications and other contract documents prepared by the Engineering -Public Works Department for the Owner. Whereas, on - , the Board of Commissioners adopted Ordinance No. 20_ - _ - authorizing the Mayor to execute a contract for Concrete Ready -Mix in substantial compliance with the bid specifications as contained the bid dated January 12, 2017. Now therefore, for and in consideration of the obligations, covenants and conditions expressed in the specifications, the Bid Proposal, and this Contract, the parties do hereby contract and agree as follows: The Owner shall pay the Vendor for the material supplied at the Contract Unit Price in accordance with the Specifications, which shall constitute full compensation for the work and services authorized herein as follows: CONTRACT UNIT PRICES: DESCRIPTION UNIT TO BE DELIVERED UNIT PRICE Class A Concrete C.Y. 93.50 Class AA Concrete C, Y. 96.50 Class M Concrete C. Y. 126.50 Flowable Fill -1,000 PSI C. Y, 80.00 IFlowable Fill - 80 PSI C. Y. 77.00 The Vendor agrees to sell, furnish and deliver to the City of Paducah, at any location within the City Limits, Concrete Ready -Mix as ordered for the quoted unit prices per cubic yard. Delivery shall be available within twenty-four business hours after receiving each order. 00509 AGREEMENT Pane 2 of 2 Contract Unit Prices are firm and shall not be altered during the contract time period. The Vendor agrees that no minimum amount of purchase shall be required for the unit prices as quoted. Any and all additional charges shall be included in the Contract Unit Price including equipment, operator, tools, transportation, supplies, fuel, water and other additional necessary items required to produce and deliver the Concrete Ready -Mix as contracted. Any and all additives required for the Concrete Ready Mix performance in accordance with the given ambient temperature shall be included in the Unit Price. The Contract Unit Price shall include all sales tax and all other applicable taxes and fees. This Agreement shall be binding upon the Owner and the Seller, all partners, successors, assigns, and legal representatives for the remaining portion of the 2017 calendar year and the 2018 calendar year ending December 31, 2018. The term of the contract shall be renewable for an additional One -Year term, ending December 31, 2019, upon the mutual agreement of both parties in accordance with the Specifications. The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. The Specifications and any Addendum that may have been issued are fully a part of this Agreement as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY _ TITLE W1 Brandi Harless, Mayor ADDRESS: ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: February 14, 2017 Short Title: 2017-2018 Pavement Marking Contract ®Ordinance ❑ Emergency [:1 Municipal Order ❑ Resolution F-1Motion Staff Work By: Brandy Topper -Curtiss, EPW Street Superintendent Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On January 12, 2017, sealed bids were opened and read aloud for the City of Paducah's 2017- 2018 Pavement Marking Contract, with Brehm Striping Compacty, Inc,, submitting the only bid. This program consists of the installation of required pavement marking on various City streets for the remaining portion of the 2017 calendar year and the 2018 calendar year ending December 31, 2018. The contract will have the option for a one-year extension, ending December 31, 2019, if both parties agree, Goal: ❑Strong Economy ®Quality Services ®Vital Neighborhoods ❑Restored Doxvntoxvns Funds Available: Account Name:2�3 't)) /-) Account Number: Various Accounts Finance Project Number: �'R� Staff Recommendation: To receive and file the received bid and adopt an Ordinance authorizing the Mayor to enter into a contract with Brelun Striping Company; Inc., at the unit prices listed on the Bid Proposal for the Pavement Marking Contract for the remainder of the 2017 calendar year and the 201 8 calendar year ending December 31, 2018; and to authorize the Mayor, subsequent to the recommendation of the City Engineer -Public Works Director, the option to execute a "One Year Renewal Agreement" extending the contract time period for the 2019 calendar year ending December 31, 2019, upon the mutual agreement of both parties. Attachments: Bid, Bid Tab, Advertisement and proposed Contract /�Departrp�nt ea City Clerk ��Cih�\7anager ORDINANCE NO. 2017 -2 - AN ORDINANCE ACCEPTING THE BID OF BREHM STRIPING COMPANY. INC., FOR THE CITY OF PADUCAH'S PAVEMENT MARKING PROGRAM FOR THE REMAINING PORTION OF THE 2017 CALENDAR YEAR AND FOR THE 2018 CALENDAR YEAR ENDING DECEMBER 31, 2018 BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1, That the City accepts the bid of Brehm Striping Company, Inc. for the City of Paducah's Pavement Marking Program, for the remaining portion of the 2017 calendar year and for the 2018 calendar year ending December 31, 2018, with the option of a one-year extension, said bid being in substantial compliance «vith the bid specifications, and as contained in the bid of Brehm Striping Company, Inc., of January 12, 2017, for the following unit prices: ITEM NO DESCRIPTION UNIT CONTRACT UNIT PRICE 1 Paint — 4" Line L.F. $0.25 2 Paint — 12" Stop Lines L.F. $2.50 3 Paint — 24" Stop Lines L. F. $5.00 4 Paint — Straight Arrow Each $50.00 5 Paint - Turn Arrow Each $50.00 6 Paint - Combination Arrow Each $100.00 7 Paint — 8" Crosswalks L. F. $1.25 8 Paint - "School" Each $125.00 9 Paint - RR Crossings Each $500.00 10 Paint — "STOP" Each $200.00 11 Paint — "ONLY' Each $200.00 12 Paint — Handicap Symbol Each $35.00 13 Paint — 4" Parking Lot Lines L. F, $0.50 14 Thermo — 4" Line L.F. $1.25 15 Thermo — 12" Stop Lines L. F, $4.50 16 Thermo — 24" Stop Lines L, F, $9.00 17 Thermo — Straight Arrow Each $100.00 18 Thermo - Turn Arrow Each $100,00 19 Thermo — Combination Arrow Each $250.00 20 Thermo — 8" Crosswalks L. F. $3.00 21 Thermo - "School' Each $275,00 22 Thermo - RR Crossings Each $500.00 23 Thermo — "STOP" Each $250.00 24 Thermo — "ONLY" Each $250.00 SECTION 2. The Mayor is hereby authorized and directed to execute a contract with Brehm Striping Company, Inc., for pavement marking work authorized in Section I above. according to the specifications, bid proposal and contract documents heretofore approved and incorporated in the bid of January 12, 2017. SECTION 3. Expenditures for the City's pavement marking program shall be charged to various accounts. SECTION 4. The contract shall be binding upon the City and the Contractor, his partners, successors, assigns, and legal representatives for remaining portion of the 2017 calendar year and the 2018 calendar year ending December 3 1, 2018. The term of the contract may be renewable for an additional one-year term, ending on December 31, 2019, upon the mutual agreement of both parties. The City Engineer -Public Works Director, acling as agent for the Owner. shall determine, in his sole discretion, the Owner's option to renew. If both parties agree, the One - Year Renewal Agreement shall be executed prior to the expiration of the existing contract. The City reserves the right to have said contract work completed at the quoted unit prices until the One -Year Renewal Agreement has been executed. However, in no case shall Brehm Striping Company, Inc., be bound to complete the work at these prices past December 21, 2018. Neither the City nor the Contractor shall have the right to assign, transfer, or sublet their interests or obligations hereunder Without consent of the other parts. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S.Sanderson, City Clerk Introduced by the Board of Commissioners, February 14, 2017 Adopted by the Board of Commissioners, February 21, 2017 Recorded by Tammara S. Sanderson, City Clerk, February 21, 2011 Published by The Paducah Sun, \ord\eng\pavement marking 2017 & 2018 00570 OWNER -CONTRACTOR AGREEMENT PAGE 1 Of 5 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT FOR PAVEMENT MARKING CONTRACT THIS AGREEMENT, made this day of , 2017 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and BREHM STRIPING COMPANY, INC., hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to periodically furnish all labor, materials, equipment, tools, transportation, fuel, supplies and items necessary on an as -needed basis for completion of the CITY OF PADUCAH'S 2017-2018 PAVEMENT MARKING CONTRACT. All work shall be completed in accordance with the Specifications prepared by the Owner at the approved unit amounts stated below. Throughout the performance of this Contract, the Engineering -Public Works Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. All work done by the Contractor shall be completed under the general supervision of the Engineer. ARTICLE 2, CONTRACT TIME The contract shall be binding upon the City and the Contractor, the Contractor's partners, successors, assigns, and legal representatives for remaining portion of the 2017 calendar year and the 2018 calendar year ending December 31, 2018. The term of the contract may be renewable for an additional One -Year Term, ending on December 31, 2019, upon the mutual agreement of both parties. The City Engineer -Public Works Director, acting as agent for the Owner, shall determine, in his sole discretion, the Owner's option to renew. Upon mutual agreement both parties shall execute a One -Year Renewal Agreement prior to the expiration of the existing contract. The City reserves the right to have said contract work completed at the quoted unit prices until the One -Year Renewal Agreement has been executed by the parties. However, in no case shall the Contractor be bound to complete the work at these prices past December 31, 2018. Neither the City nor the Contractor shall have the right to assign, transfer, or sublet their interests or obligations hereunder without consent of the other party. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Contractor for the performance cf the Work at the unit prices listed below as quoted in the Bid Proposal by the Contractor dated January 12, 2017, which shall constitute full compensation for the work and services authorized herein. Contract prices are firm and shall not be altered during the contract period. The Contractor agrees that no minimum amount of purchase shall be required. 00500 OWNER -CONTRACTOR AGREEMENT PAGE 2 OF 3 CONTRACT UNIT AMOUNTS: ITEM NO DESCRIPTION UNIT CONTRACT UNIT PRICE 1 Paint — 4" Line L.F. $0.25 2 Paint —12" Stop Lines L.F. $2.50 3 Paint — 24" Stop Lines L.F. $5.00 4 Paint — Straight Arrow Each $50.00 5 Paint - Turn Arrow Each $50.00 6 Paint- Combination Arrow Each $100.00 7 Paint — 8" Crosswalks L.F. $1.25 8 Paint - "School' Each $125.00 9 Paint - RR Crossings Each $500.00 10 Paint — "STOP" Each $200.00 11 Paint — "ONLY' Each $200.00 12 Paint — Handicap Symbol Each $35.00 13 Paint -- 4" Parking Lot Lines L.F. $0.50 14 Thermo — 4" Line L.F. $1.25 15 Thermo — 12" Stop Lines L.F. $4.50 16 Thermo — 24" Stop Lines L.F. $9.00 17 Thermo — Straight Arrow Each $100.00 18 Thermo - Turn Arrow Each S100,00 19 Thermo — Combination Arrow Each 5250.00 20 Thermo — 8" Crosswalks L.F. $3.00 21 Thermo - "School' Each $275.00 22 Thermo - RR Crossings Each $500.00 23 Thermo —"STOP" Each $250.00 24 Thermo — "ONLY" Each $250.00 ARTICLE 4. PAYMENTS The Contractor may submit a Request for Payment subsequent to satisfactory performance of the required Work in accordance with all of the provisions thereof and upon approval by the Owner. The Owner agrees to make Payment to the Contractor within Thirty (30) days after receipt of a properly completed invoice. The Owner reserves the right to withhold any of all payments or portions thereof if the Contractor fails to perform in accordance with the provisions of the contract. 00500 OWNER -CONTRACTOR AGREEMENT PAGE 3 OF 3 ARTICLE 5. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. BREHM STRIPING COMPANY, INC. 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