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Home My WebLink AboutCCMPacket2017-03-28ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS CITY COMMISSION MEETING AGENDA FOR MARCH 28, 2017 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET I. MINUTES H. MOTION A. R & F Documents III. MUNICIPAL ORDER(S) A. Personnel Actions B. Approve Grant Application for Reimbursement of Spring Clean-up Day Expenses — A. SHULL C. Sale of Surplus Properties: 705 Finley Street, 921 and 923 North 7 th Street — S. CHINO D. Accept Bid for Purchase of Limestone for 2017 — 2018 — R. MURPHY IV. PRESENTATIONS) BY STAFF A. Presentation on Food Truck Ordinance — S. ERVIN V. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience VI. EXECUTIVE SESSION MARCH 21, 2017 At a Regular Meeting of the Board of Commissioners, held on Tuesday, March 21, 2017, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). INVOCATION Commissioner Abraham gave the invocation. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Holland, that the reading of the Minutes for the March 14, 2017, City Commission meeting be waived and that the Minutes of said meeting prepared by the City Clerk be approved as written. Adopted upon call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). MUNICIPAL ORDER(S) ADOPT PHA ANNUAL PLAN FOR SECTION 8 HOUSING Commissioner Holland offered motion, seconded by Commissioner Abraham, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING "CITY OF PADUCAH, KENTUCKY, PUBLIC HOUSING AGENCY ANNUAL PLAN FOR SECTION 8 HOUSING CHOICE VOUCHER PROGRAM FOR FISCAL YEAR 2017", be adopted. Adopted upon call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). M.O.#1957; BK 10 ADOPT REVISED SECTION 8 HOUSING UTILITY ALLOWANCES Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING REVISIONS OF THE UTILITY ALLOWANCES FOR THE SECTION 8 HOUSING PROGRAM AS REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS REVISED," be adopted. Adopted upon call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). M.O.41958; BK 10 ORDINANCE(S) — ADOPTION AMEND ORDINANCE TO ALLOW MICROBREWERIES TO SELL ON SUNDAYS Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES OF THE PADUCAH CODE OF ORDINANCES." This Ordinance is summarized as follows: The City of Paducah hereby amends Section 6-4, Permissible Operating Hours, of Chapter 6, Alcoholic Beverages of the Code of Ordinances, to allow on -premises consumption at microbreweries which hold a NQ -4 Retail Malt Beverage Drink License on Sundays from 11:00 a.m. to 10:00 p.m. It also provides that microbreweries which hold a NQ -Retail Malt Beverage Package License to sell on Sundays from 11:00 a.m. to 10:00 P.M. MARCH 21, 2017 Adopted upon call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). ORD. 2017-3-8481; BK 35 Russell Hobbs, citizen, spoke in opposition to the amendment to the alcoholic beverage ordinance. PRESENTATIONS) BY STAFF 911 COMMUNICATION SERVICES DEPARTMENT 911 Communication Services Director Ed McManus gave a report on the activities of the department since he took over in the October of 2016. In regards to 911 Phase I project, which includes the CAD and telephony system, progress is being made. A teleconference is held with consultant, Federal Engineering, every Friday. The RFP should be ready to advertise for bids in about 90 days. A 30 day response time will be given to vendors. When he first started, he asked all employees to complete internal surveys and sent surveys to the agencies which receive 911 services. He held one-on-one interviews with employees and directors from the agencies. From the responses he determined that employee priorities are job security, stability and direction. They also want better communication and supervisor empowerment. These outcomes will result in on-going supervisor training through the Department of Criminal Justice. Creation of a facebook page will be a tool used for employee recognition and agency promotion. E-911 building improvements, such as window installation, is being discussed with the Engineering -Public Works department. COMMENTS FROM CITY MANAGER • There has been some feedback from residents about the new recycling area on State Street. He will be meeting with Freedom Waste tomorrow. Freedom is working on improving the area and operations. • The process of street markings to help prohibit some of the on -street parking near the intersection of Broadway and Lone Oak Road will start this week. • Improvements have begun on Campbell Street between 6th and 8th streets to make it safer for people who attend events at the pavilion. ADJOURN Mayor Harless offered motion, seconded by Commissioner Wilson, that the meeting be adjourned at approximately 6:06 p.m. All in favor. Motion carried. ADOPTED: March 28, 2017 City Clerk Mayor MARCH 28, 2017 I move that the following documents and bids be received and filed: 1. Certificates of Liability Insurance: a. Beltline Electric Co., Inc. b. Hansen Brothers Concrete 2. Right of Way Bond: a. Central Paving Co. of Paducah, Inc. b. Gill Family Properties, LLC 3. Payment Bond and Performance Bond for Brehm Striping Co., Inc. 4. Contracts/Agreements: a. Agreement with Youngblood Excavating & Contracting, LLC for Noble Park Lake Bank Stabilization Project — Phase II (ORD # 2017-2-8477) b. Agreement with Strand Associates for the development of a Comprehensive Storm Water Master Plan (ORD # 2017-3-8480) 5. Edwin J. Paxton Park Financial Statements for 2016 BIDS FOR CONVENTION CENTER CORPORATION Tables, Chairs, Risers and Dance Floor 1. MITYLITE 2. Great Spaces 3. SICO BIDS FOR ENGINEERING -PUBLIC WORKS DEPARTMENT Limestone for 2017-2018 1. Vulcan Materials Co. LLC 2. Lafarge Holcim 3. Pine Bluff Sand & Gravel BIDS FOR PLANNING DEPARTMENT 921 & 923 North 7`h Street and 705 Finley Street 1. Van -Key Properties, LLC. "denotes accepted bid CITY OF PADUCAH March 28, 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. Date CITY OF PADUCAH PERSONNEL ACTIONS March 28, 2017 PARKS SRVCS - MAINTENANCE Smith, Roderic J POSITION RATE NCS/CS FLSA EFFECTIVE DATE FINANCE Goheen, Kevin A Parks Maintenance Laborer $9.00/Hr NCS Cole, Corie Executive Assistant I $16.50/Hr NCS Non -Ex April 10, 2017 EMPOR4R %StE.rSSONAL'�,isl r;`�''��n; ; AND BASE RATE OF PAY I„��'+I�ENfi�HIRES..PART1fIME�IT ...�. -., .- .,-.„„.... ..... -fizm. i....i v . ISM. 2R.:.,....4.v,. .., NCS POSITION RATE NCS/CS FLSA EFFECTIVE DATE PARKS SRVCS - MAINTENANCE Smith, Roderic J Parks Maintenance Laborer $9.00/Hr NCS Non -Ex March 23, 2017 Goheen, Kevin A Parks Maintenance Laborer $9.00/Hr NCS Non -Ex April 6, 2017 PARKS SRVCS - RECREATION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY Dew, Caroline A Lifeguard $8.24/Hr NCS Non -Ex May 4, 2017 Draffen, Mya S - Lifeguard $8.24/Hr NCS Non -Ex May 4, 2017 Griffin, Olivia S Recreation Leader $8.24/Hr NCS Non -Ex March 30, 2017 Hill, Courtney C Lifeguard $8.24/Hr NCS Non -Ex May 4, 2017 Johnson, Michaela Recreation Leader Internship $8.50/Hr NCS Non -Ex May 4, 2017 McCallum, Anntoinette M Pool Attendant $7.61/Hr NCS Non -Ex March 30, 2017 McVey, Nash Sports Official $20.00/Game NCS Non -Ex March 30, 2017 Shell, Kaitlyn N Recreation Leader $8.24/Hr NCS Non -Ex May 18, 2017 Stewart, Kelly A Recreation Leader $8.24/Hr NCS Non -Ex May 18, 2017 Weathers, Kelsey B Recreation Leader Internship $8.50/Hr NCS Non -Ex May 18, 2017 Youngblood, Curt J Sports Official $20.00/Game NCS Non -Ex March 30, 2017 POSITION REASON PARKS SERVICES Biles, Leon T Park Ranger Resignation March 15, 2017 m tO'N 446R'ARYASSIGNMENTS ` ,', ;PAYROL`LAD,YUSTMENTSITRANSFERSIPROWITSWE _'Vi-Aar51 tr'irF.,��5-r 3, .-L'.,R..” PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY 911 COMMUNICATIONS Beal, Misty Burrow, Ashley Hite, Charles Taylor, Serena GENERAL GOVERNMENT Parish, Lindsay PARKS SERVICES Johnson, Molly M (Tomasallo) Morsching, Taylor A 911 Shift Supervisor $21.23/Hr Telecommunicator $21.19/Hr 911 Shift Supervisor $21.23/Hr Telecommunicator $21.19/H r Administrative Assistant III $15.88/Hr Special Events Coordinator $24.85/Hr Recreation Specialist $15.72/Hr 911 Shift Supervisor $22.23/Hr 911 Shift Supervisor $22.23/Hr 911 Shift Supervisor $22.23/Hr 911 Shift Supervisor $22.23/Hr Assistant City Clerk $19.00/Hr Special Events Coordinator $25.91/Hr Recreation Specialist $16.39/Hr NCS Non -Ex March 16, 2017 NCS Non -Ex March 16, 2017 NCS Non -Ex March 16, 2017 NCS Non -Ex March 16, 2017 NCS Non -Ex March 30, 2017 NCS Ex NCS Ex April 13, 2017 April 13, 2017 Agenda Action Form Paducah City Commission Meetinq Date: 28 March 2017 Short Title: 2017-2018 Kentucky Household Hazardous Waste Grant Application ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work BY: Pam Souder, Chris Yarber, Adam Shull Presentation By: Adam Shull Background Information: The Kentucky Division of Waste Management, through the Household Hazardous Waste Award Program, funds cities across the commonwealth for annual clean-up days. This grant award program provides a partial reimbursement for the expenses incurred by the city for the disposal and advertising/education of Spring Clean-up Day. For the past 25 years, this project has been a collaborative effort between the McCracken County Fiscal Court and the City of Paducah. The Engineering/Public Works and Planning Departments desire to submit an application for the 2017-2018 Kentucky Division of Waste Management Household Hazardous Waste Award Program. This grant requires a 25% cash or in-kind match. The City will act as the Lead Agency/Fiscal Agent and seeks an award of $25,500, which will be combined with the required local cash match of $6,375 for a project totaling $31,875. Local cash match will be divided equally between the city and the county. As in previous years, the City's share of the local cash match will be paid through the Engineer/Public Works account number 050-2209-531-2004. Any award offered as a result of this application will require an Inter -local Agreement to be signed and will be brought before the City Commission and Fiscal Court for consideration. Goal: ❑Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: 050-2209-531-2004 Finance Project Number: Staff Recommendation: Authorize and direct the Mayor to execute all required grant application documents. Attachments: None Department Head City Clerk City Manager h0Vl NlC"I, \1[inVAN i,Cel A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A 2017-2018 KENTUCKY HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT IN THE AMOUNT OF $25,500 TO ASSIST IN FUNDING THE CITY/COUNTY ANNUAL CLEAN-UP DAY BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute a joint application between the City and the McCracken County Fiscal Court for a Kentucky Household Hazardous Waste Grant through the Kentucky Division of Waste Management in the amount of $25,500 to assist in funding the City/County Annual Clean-up Day. SECTION 2. The City of Paducah and the McCracken County Fiscal Court hereby agree that the City shall act as the lead government agency in meeting all grant requirements, including the local cash match of $6,375.00 that will be split 50/50 with the McCracken County Fiscal Court. The City's match of $3,187.50 will be met by the Engineering/Public Works 2017-2018 budget. SECTION 3. Funding for the local cash match will be subject to approval of appropriation in the Engineering/Public Works FY2018 budget. SECTION 4. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, March 28, 2017 Recorded by Tammara S. Sanderson, City Clerk, March 28, 2017 \mo\grantshvaste clean up day 2017-2018 Agenda Action Form Paducah City Commission Meeting Date: 28 March 2017 Short Title: Declaration and Sale of Surplus Property located at 921 `N. 7th Street, 923 N. 7th Street, and 705 Finley St. ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Nancy Upchurch, Sheryl Chino, and Steve Ervin Presentation By: Sheryl Chino Background Information: This action would declare 921 N. 7th Street, 923 N. 7th Street, and 705 Finley Street as surplus property owned by the City of Paducah and authorize the transfer to the property to the sole bidder. The City of Paducah has owned and maintained the properties since July 2014. The Planning Department ran an ad in the Paducah Sun and posted the ad on the City's website on March 5, 2017 requesting proposals for the purchase of this property. Bids were accepted through March 16, 2017 at 9 AM. Only one bid was submitted. VanKey Properties offered to trade three properties located at 804 N. 7th St., 808 N. 7th St., and 812 N. 7th St.; as well as, pay $1.00 for each property plus fees. Trading properties will allow the city to take ownership of approximately one half of a residential block for future redevelopment. Goal: ❑Strong Economy ® Quality Services ® Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: N/A Account Number: N/A Finance Recommendation: Accept and waive the informalities in the bid proposal from VanKey Properties. Attachments: Additional supporting documentation to meet requirements Sec. 2-668 of the Paducah Code of Ordinances. Department Head City Clerk i Ma an ger MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE SALE OF 921 & 923 NORTH SEVENTH STREET AND 705 FINLEY STREET TO VAN -KEY PROPERTIES, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSFER WHEREAS, pursuant to 2-668 of the Code of Ordinances of the City of Paducah, Kentucky, a written determination has been made by the City Manager that the City does not have any use at this time or in the future for property located at 921 & 923 North Seventh Street and 705 Finley Street, which constitutes surplus real estate; and WHEREAS, the City advertised for bids on March 5, 2017 and opened on March 16, 2017; and LLC. WHEREAS, the City desires to accept the bid of Van -Key Properties, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of Van -Key Properties, LLC to trade its real properties located at 804, 808 and 812 North Seventh Street for City owned real properties at 921 & 923 North Seventh Street and 705 Finley Street plus pay $1 for each property and related fees to complete the transfer. Van -Key plans to maintain the properties and pay the taxes. SECTION 2. The Mayor is hereby authorized to execute all deeds and other necessary documents related to completing the transfer of the real properties approved in Section 1 above. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, March 28, 2017 Recorded by Tammara S. Sanderson, City Clerk, March 278, 2017 \mo\prop sale -921 & 923 7' & 705 Finley Agenda Action Form Paducah City Commission Meeting Date: March 28, 2017 Short Title: 2017-2018 Limestone Contract ❑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 March 9, 2017, sealed bids were received for the 2017-2018 Limestone Contract. This contract will be utilized to obtain Limestone required for various construction projects, street repair and miscellaneous projects within the City of Paducah for the 2017 and 2018 calendar years. Vulcan Materials Co. LLC submitted the only responsive bid for the unit bid prices 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. In accordance with the Specifications, the Contract unit prices may be adjusted in accordance with Section 109.07 "Price Adjustments" of the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition. Goal: ❑Strong Economy ®Quality Services ®Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Various Accounts Account Number: F�Fnance % Staff Recommendation: To receive and file the bid submitted for the 2017-2018 Limestone Contract and adopt a Municipal Order authorizing the Mayor to enter into an agreement with Vulcan Materials CO. LLC for the unit prices listed on the attached bid tab for the 2017 and 2018 calendar years ending December 31, 2018, and allow "Price Adjustments" in accordance with the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition; 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. Agenda Action Form Attachments: Advertisement, Bids, Bid Tab, and a copy of the Contract AY Dep e t Head City Clerk kt4-yvz Page 2 MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING THE BID OF VULCAN MATERIALS CO., LLC FOR SALE TO THE CITY OF ITS REQUIREMENT OF LIMESTONE FOR THE 2017 AND 2018 CALENDAR YEARS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City accepts the bid of Vulcan Materials Co., LLC, for sale to the City of its requirement of limestone, for the 2017 and 2018 calendar years, with a one-year option to renew, said bid being in substantial compliance with the bid specifications, and as contained in the bid of Vulcan Materials Co., LLC, of March 9, 2017, at the following unit prices: DESCRIPTION DELIVERED BID AMOUNT PICKED UP BID AMOUNT #11 $18.35 $13.00 #3 $17.10 $11.75 #57 $17.35 $12.00 #68 $16.85 $11.50 #9M $18.85 $13.50 DGA $14.85 $9.50 DGA — Pugged $15.85 $10.50 #125 Rip Rap $17.85 $11.75 8" Rip Rap $17.85 $11.75 8" Minus Rip Rap $15.35 $10.00 %" x 0 (Quarter Minus) $13.85 $8.50 Said bid prices may be adjusted in accordance with Section 109.07 "Price Adjustments" of the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition. SECTION 2. The Mayor is hereby authorized to execute a contract with Vulcan Materials Co., LLC, for sale to the City of the material accepted in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid of March 9, 2017. SECTION 3. The contract shall be binding upon the City and the Contractor, his partners, successors, assigns and legal representatives for 2017 and 2018 calendar years ending December 31, 2019. 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. Further, the Mayor is hereby authorized, subsequent to the recommendation of the City Engineer -Public Works Director, to execute an additional One -Year Renewal Agreement extending the contract period for the 2019 calendar year ending December 31, 2019 upon the mutual agreement of both parties. If agreed, this renewal option shall be exercised by both parties executing and delivering the written One -Year Renewal Agreement. The City reserves the right to order the limestone at the quoted prices until the parties have executed the One -Year Renewal Agreement. However, in no case shall the Seller be bound to sell the contract material at these prices past December 31, 2018. SECTION 3. Expenditures for the City's limestone shall be charged to various accounts. 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 Adopted by the Board of Commissioners, March 28, 2017 Recorded by Tammara S. Sanderson, City Clerk, March 28, 2017 \eng-contract-limestone 2017-2018 w 6 O '9 M Z Z M z iii z M M X z c) v C W E: n O N v M D --I M M z a c) G>i Nu m p x a a w 3 v O c o I v A c y !/r a o z N O C3 co ifl j, v_> �, di v m �, �, j, av p o w fly w N w Cly co (T w CT w N bo N w 4i w CT O i,o (T n n O im 3 3 CL CL i d n O my N n o $ m o o o o N N o o 0 o N o C n m z ° 1 C V O 61 to <» t» <» ° m cn w w m a rn A A m N 3 m a w bo rn u, v cn m O C 0 c< o Z r 0 1 A su 'o m a° O S N a W O n w m CSO N N V N W W O (OIC O O CIi O O N O Q 0 0 cm iv c v 0 co ° in v m D rn w p p rn' m m rn m 0 Z m °s m W 0 0 0 O c to w fl m 5 � H U 0 3 O O O 7 N < < < I a N N N 0 90 ° cs 1D A N N N N N 9-0 G (D o o 0 0 0 0 0 o C (D 9 I�i7 Zv c v w 6 O '9 M Z Z M z iii z M M X z c) v C W E: n O N v M D --I M M z 00500 OWNER -CONTRACTOR AGREEMENT PAGE OF CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT - LIMESTONE FOR 2017-2018 THIS AGREEMENT, made this day of April, 2017 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and Vulcan Materials Co. LLC, hereinafter called the VENDOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The VENDOR agrees to furnish and sell to the City of Paducah the OWNER's requirement of Limestone for 2017-2018 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/for the OWNER at the prices stated herein. 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. ARTICLE 2. CONTRACT TIME This Contract shall be binding upon the OWNER and the VENDOR, his partners, successors, assigns, and legal representatives for remaining portion of the 2017 calendar year and the 2018 calendar year ending December 31, 2018. Neither the OWNER nor the VENDOR shall have the right to assign, transfer, or sublet their interests or obligations hereunder without consent of the other party. However, in the event of default by the VENDOR, the OWNER shall have the right to terminate this Contract after giving five (5) days written notice of termination to the VENDOR. The term of the Contract may be renewable for an additional one-year term, ending 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 option to renewal. If agreed, this renewal option will be exercised by both parties executing and delivering the written One -Year Renewal Agreement. The OWNER reserves the right to purchase Limestone at the quoted prices until the One -Year Renewal Agreement has been executed by the parties. However, in no case shall the VENDOR be bound to sell Limestone at these prices past December 31, 2018. ARTICLE 3. THE CONTRACT AMOUNT The OWNER shall pay the VENDOR for the supply of Limestone at the rates listed below as quoted in the Bid Proposal by the VENDOR dated March 9, 2017, which shall constitute full compensation for the Limestone authorized herein. The VENDOR agrees that no minimum amount of Limestone shall be required for the unit prices per ton as quoted. No substitutes will be allowed for the materials ordered. In the event materials ordered are not available in sufficient quantity within the time period specified herein, the VENDOR shall be considered in default of their contract obligations. Contract Unit Prices shall begin upon execution of the contract and end December 31, 2018, with extension to December 31, 2019 pending execution of the One -Year Renewal Agreement. Said Unit Prices may be adjusted in full accordance with Section 109.07 "Price Adjustments" of the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition. 00500 OWNER -CONTRACTOR AGREEMENT PAGE 2OF3 LIMESTONE UNIT PRICES ITEM DESCRIPTION UNIT TO BE DELIVERED UNIT PRICE TO BE PICKED UP UNIT PRICE #11 Tons $18.35 $13.00 #3 Tons $17.10 $11.75 #57 Tons $17.35 $12.00 #68 Tons $16.85 $11.50 #9M Tons $18.85 $13.50 DGA Tons $14.85 $9.50 DGA—Pugged Tons $15.85 $10.50 #125 Rip Rap Tons $17.85 $11.75 8" Rip Rap Tons $17.85 $11.75 8" minus Rip Rap Tons $15.35 $10.00 %a' x 0 (Quarter Minus) Tons $13.85 $8.50 TO BE DELIVERED The VENDOR agrees to sell and deliver to any point within the City Limits Limestone as ordered by the OWNER at the Contract Unit Prices per ton as quoted. Delivery of the Limestone Delivered as ordered shall be available within Twenty -Four business hours after receiving each order. The Contract price for Limestone Delivered shall include any and all delivery transportation charges, handling charges, FOB destination, fees, taxes, labor, materials, equipment, water, fuel, tools and services necessary for complete manufacture of said Limestone and delivery. TO BE PICKED UP The VENDOR agrees to sell Limestone as ordered To -Be -Picked -Up by the OWNER at the supplier's stockyard/quarry for the Contract Unit Prices per ton as quoted. The Contract price for Limestone To -Be -Picked -Up by the OWNER shall include any and all handling charges, fees, taxes, water, fuel, tools, labor, equipment and services necessary to load the Picked Up Limestone as ordered. ARTICLE 4. REQUESTS FOR PAYMENT The Vendor will be required to submit each month, and no more than once a month, a properly completed Invoice in accordance with all of the provisions stated within these specifications. Additionally, if the Vendor elects to utilize the "Unit Price Adjustment" in accordance with the Section 109.07 "Price Adjustments" of the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition, then full documentation shall be submitted along with the invoice to justify the "Unit Price Adjustment" charged on the Invoice. Upon receipt 00500 OWNER -CONTRACTOR AGREEMENT PAGE 3 OF 3 of a properly completed Invoice and all required documentation, the OWNER agrees to make Payment within Thirty (30) days. The OWNER reserves the right to withhold any of all payments or portions thereof if the Vendor fails to perform in accordance with the provisions of the contract or any modifications thereto. 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. VENDOR M ADDRESS: CITY OF PADUCAH, KENTUCKY Brandi Harless, Mayor ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267