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Home My WebLink AboutAgenda Packet 7-24-18CITY COMMISSION MEETING AGENDA FOR JULY 24, 2018 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET R"T .T . ' AT T INVOCATION •- kwwas PLEDGE OF ALLEGIANCE 1A(,s U ADDITIONSIDELETIONS PRESENTA N:TjAfficStulJyReport —HDR Engineering L�S%o�l\ f`�0.rkdurito in1e1!' n1Un a<, Items on nsent Agenda are considered to be routine by the Board of Commissioners and will be enacted bmotion and one vote. There will be no separate discussion of these items unless a Board ;h'— member sests, in which event the item will be removed from the Consent Agenda and considered se aratelCity Clerk will read the items recommended for approval. I. CONSENT AGENDA: A. MINUTES B. APPOINTMENT(S) 1. Municipal Housing Commission C. MOTIONS 1. R & F Documents D. MUNICIPAL ORDER(S) 1. Personnel Actions — M. RUSSELL MO 2. Amend Position & Pay Schedule — M. RUSSELL 2125 2126 \,,f 3. Amend Pay Grade Schedule —M. RUSSELL 2127 4. Approve State Revolving Fund Loan Assistance Agreement with Kentucky Infrastructure Authority for Pump Station #2 Rehab Project — R. MURPHY 2128 s, 5. Approve Purchase IT Server Hardware and Software for Phase I Im lementation — E. MCMANIJS jam D'M LL 2129 6. Approve Contract for Services with Luther F. Carson Four `1 Rivers Center — CITY MANAGER ARNDT 2130 7. Approve Contract for Services with Paducah Transit Authority — CITY MANAGER ARNDT 2131 8. Approve Contract with Paducah Junior College, Inc. for Paducah School of Art Funding — CITY MANAGER ARNDT 2132 9. Approve Contract with Paducah Junior College, Inc. for Paducah Scholarship Program - CITY MANAGER ARNDT II. ORDINANCES) — ADOPTION WILSON 2018 A. Approve Intent to Annex Propert es on Hinkle Road, Harris -7- Road and Olivet Church Road — T. TRACY i 8540 RHODES 2018 \'\V B. Change Order No. 2 for City Hall Phase I Project — R. MURPHY -7 8541 HOLLAND 2018 C. Approve HDR Services for Pavement Management Program — R. -7-' MURPHY 8542 III. ORDINANCES) — INTRODUCTION ABRAHAM A. Approve Street Closure for 24 & Adams Street — R. MURPHY IV. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience V. EXECUTIVE SESSION jam D'M LL FN February 16, 2018 Mr. Rick Murphy, PE, PLS City of Paducah City Engineer and Public Works Director 300 South 5^ Street Paducah, KY42003 RE: Buckner Lane Traffic Study Dear Mr. Murphy, Due to increasing congestion and potential safety issues on Buckner Lane, the City of Paducah requested that HDR prepare a traffic study to examine the Buckner Lane intersections at Pecan Drive and Pines Road. This report documents the findings of the study and addresses key issues and potential improvements for both intersections. Figure 1: Study Area Map As illustrated on Figure 1, Buckner Lan a is the only street that crosses Interstate 24 (1-24) between the US 60 and US 62/US 45 interchanges. It -provides a direct and generally unimpeded connection between the primarily commercial areas west of 1-24 and the dense residential areas east of 1-24. It also provides an attractive bypass route between eastern and western Paducah (including downtown) that avoids Page2 February 16, 2017 congestion at the US 60 and US 62 interchanges during peak traffic periods. Commercial development around Kentucky Oaks Mall, combined with development along US 62 and the areas between US 60 and US 62 has caused a substantial increase in traffic on both Buckner Lane and Pecan Drive, resulting in increased congestion during the morning and afternoon peak hours at the Buckner Lane / Pecan Drive intersection and the Buckner Lane / Pines Road intersection. Future development in the area is expected to continue to add traffic to these intersections, exacerbating the existing traffic problems. Data Collection Traffic counts were obtained for the Buckner Lane/Pecan Drive and Buckner Lane/Pines Road intersections, using video cameras placed at each intersection. The data was collected by Marr Traffic on Tuesday, December 5v', 2017 from 6:00 AM to 6:00 PM in 15 minute intervals and classified by turning movement and vehicle type (auto/truck). The data was collected on a typical weekday while school was in session in order to record typical travel patterns and traffic volumes within the study area. Historical traffic counts from the Kentucky Transportation Cabinet's count station 073CO24, which is located on Pecan Drive just south of its intersection with Buckner Lane, were also examined. As seen in Figure 2, daily traffic at this location on Pecan Drive has increased substantially over the last 15 years, with a current daily volume of just under 8,000 vehicles per day with a growth rate of approximately 213 vehicles per year. Figure 2: Pecan Drive Average Annual Daily Traffic (AADT); KYTC Sta. 0730024 10000 8000 ¢F- 6000 a 4000 2000 1989 1995 2001 2004 2007 2010 2011 2013 2016 Year Crash data for 2012 through 2017 for the corridor was also obtained from the City of Paducah's Police Department and the Kentucky State Police's website database. This data is summarized and evaluated later in the report. Study Area Roadways Buckner Lane within the study area is a two lane, two-way urban major collector street that is approximately 23 feet wide with two approximately 11.5 -foot travel lanes, limited shoulders, and a 35 mph speed limit (though no speed limit signs are posted in the study area). It begins at the Pecan Drive intersection at its western end and travels east toward downtown, terminating at the intersection with N. 32nd Street and Broadway Street. Buckner Lane serves numerous residential subdivisions in the heart of Paducah and provides a convenient connection between downtown Paducah and the commercial western side of Paducah. hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page 3 February 16, 2017 Pecan Drive in the vicinity of Buckner Lane is a three lane, two-way urban minor arterial street with two 11 -foot driving lanes, a 14 -foot two -way -left -turn -lane (TWLTL), and curb and gutter with a posted speed limit of 35 mph. Approximately 1,540 feet east of Buckner Lane's point of beginning at Pecan Drive, is the Buckner Lane/Pines Road intersection. Pines Road, an urban major collector, is a 20 -foot wide residential street with two 10 -foot driving lanes, no curb and gutter or paved shoulders, and open ditches. While not as highly utilized as Buckner Lane, Pines Road is also a vital connection for residential access to downtown as well as to the commercial areas in western Paducah. Study Intersections Pecan Drive & Buckner Lane This three legged intersection is un -signalized. The east and west approaches (Pecan Drive) are uncontrolled while the southbound approach (Buckner Lane) is stop controlled. There is also a residential driveway which serves as a fourth leg of the intersection; however, since it only serves one home and there were no trips observed during the peak period the intersection was evaluated as a three legged intersection. The westbound approach has one shared lane for through and right turn movements. The eastbound approach has one through lane and a left -turn lane (the TWLTL), and the southbound approach has one shared lane for all movements. Pines Road & Buckner Lane This three legged intersection is un -signalized. The east and west approaches (Buckner Lane) are uncontrolled while the southbound approach (Pines Road) is stop controlled. Each approach has one shared lane for all movements. Channelization islands have recently been installed for the southbound and westbound right -turn movements. Existing Study Area Context The immediate area surrounding the Buckner Lane corridor is primarily residential. West of the study area, Pecan Drive leads to industrial and commercial land uses including developments in the vicinity of the Kentucky Oaks Mall. To the south of the Buckner Lane study area is the West Kentucky Community and Technical College, a two-year community college, and Lone Oak, a densely populated unincorporated community. Just west of the intersection of Buckner Lane and Pecan Drive is a proposed 19.85 acre development, Life Care Center of Paducah; a 77,300 square foot skilled nursing facility which is anticipated to be developed prior to the 2022 future analysis year. Existing Intersection Analysis The traffic count data for the two study intersections was analyzed to determine the network peak hours for the morning and afternoon peak periods. From this analysis it was determined that the typical weekday morning (AM) peak hour is from 7:30 to 8:30 AM and the afternoon (PM) peak hour is from 4:30 to 5:30 PM. The intersection volumes for both peak periods are shown in Figure 3 and the 12 -hour weekday intersection volume data (6:00 AM to 6:00 PM) is shown in Figure 4. Detailed intersection turning movement count data is attached in Appendix A. hdrinc.com 4645 Village Square Drive, Suite F. Paducah, KY 42001-7448 (270)444-9691 Figure 3: Weekday Peak Hour Turning Movements AM Peak Hour (7:30a - 8:30a) #Nq o PM Peak Hour (4:30po: - 5:30p) w a 4186 72 NORTH 143 63 � y Figure 4: Weekday 12 -Hour Traffic Volume Data 12 -Hour Turning Mov ement Volumes ### 12 -Hour Segment Volumes 198: 125. 7/ c 0 12 -Hour lntersecfion Totals q 203 148 c a 4 2,180 NORTH 1,566 614 d 0 y d 3,186 1,388 Y J 1,798 U a Y J M U m 3,672 335 105 2,781 891 935 220 82 2,564 3,499 100 -118 0 y E 164 .284. 309. 173 11,995 316 90 Figure 4: Weekday 12 -Hour Traffic Volume Data 12 -Hour Turning Mov ement Volumes ### 12 -Hour Segment Volumes #q# c 0 12 -Hour lntersecfion Totals c a 4 2,180 NORTH 1,566 614 0 y d 3,186 1,388 �J J 1,798 a Y U m 3,672 2,781 891 935 0 y I F 2,564 3,499 Pe 4,824 2,394 X 2,430 -> 11,995 hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 51 88 F 129 263 Buckner Lane 643 E. 1,918. 2,561 Buckner Lai 7,927 Page4 February 16, 2017 Page 5 February 16, 2017 The Buckner Lane/Pecan Drive and Buckner Lane/Pines Road intersection operations were analyzed with the current intersection configurations and traffic controls under the existing (2017) weekday peak hour traffic volume conditions. Both the AM and PM peak hours were analyzed. The intersections were analyzed using the 2010 Highway Capacity Manual (HCM) method as implemented by the Synchro 9 traffic analysis software. The summary results are shown in Table 1. A detailed discussion of the methodology is provided in Appendix B and the detailed analysis reports are provided in Appendix C. The existing intersection delay, as well as the minor street approach and/or left -turn level of service and delay are reported where applicable in accordance with the 2010 HCM methodology. Table 1: Existing Conditions (2017) Traffic Analysis As shown in Table 1, the southbound approach to the Pecan Drive and Buckner intersection is currently operating with an unacceptable delay and level of service (LOS) based upon the HCM evaluation criteria. The stop controlled approach on Buckner Lane is experiencing as much as 227.4 seconds of delay with queuing that extends hundreds of feet from the intersection during the PM peak hour. Signal Warrant Analysis Signal warrant analyses were conducted for the two study intersections, Buckner Lane with Pines Road and Pecan Drive with Buckner Lane using the existing (2017) traffic data. Traffic data was collected at both intersections for a 12 -hour period in order to accommodate the volume examination criteria outlined in the Signal Warrant Analysis section of the MUTCD. Warrants 1, 2, 3, and 7 were examined for both intersections under the existing traffic conditions. Table 2 below shows the results of these warrant analyses. Detailed worksheets of the signal warrant analyses are attached in Appendix D. hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page February 16, 2017 Table 2: Traffic Signal Warrant Results As shown in Table 2, the intersection of Pecan Drive and Buckner Lane currently meets the criteria for the eight-hour warrant, four-hour warrant, and peak hourvolume warrant. The intersection of Buckner Lane and Pines Road does not meet the criteria for any of the evaluated warrants under the existing condition. Crash Analysis Historical collision data was obtained from the Kentucky State Police data base for the previous six years. Table 3 shows the breakdown of the types of collisions at the study intersections over the six year period. Table 3: Collision Type Intersection Year Opposing Rear- Sideswipe- Sideswipe- Single Total Angle Head -On Left -Turn End Opp Direction Same Vehicle Crashes aa Direction �yy As shown in Table 3, it was observed that rear -end collisions were the most common crash type at both intersections during the study period. At the Pines Road intersection the vast majority of the rear -end collisions occurred on the southbound approach to the intersection on Pines Road. The addition of channelizing islands at the Pines Road intersection (between 2014 and 2015) seems to have a negligible effect on the observed crashes at the intersection. The Pecan Drive intersection was observed to be very similar with the predominant collision being rear ends occurring on the south bound approach on Buckner Lane. In Figure 5 below, the data was analyzed to depict the distribution of Non -Injury, Injury and Fatal accidents at the Pecan Drive intersection. The figure shows that over the previous 6 year period (2012- hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page 7 February 16, 2017 2017) there were zero fatal accidents with only 6 crashes causing injuries out of a total 37 recorded accidents. Figure 5: Pecan Drive Crash Severity E 3 Z 10 9 8 7 6 5 4 3 2 1 2012 2013 2014 2015 2016 2017 ■ Fatal E, Injury ■ Non -Injury Non -Injury, Injury and Fatal accidents at the Pines Road intersection are displayed in Figure 6. As was the case at the Pecan Drive intersection, zero fatal accidents occurred at the Pines Road intersection, with only 3 of the total 28 crashes causing injury. Figure 6: Pines Road Crash Severity 0 9 N 7 d �6 m 05 w 04 a E 3 E 3 z2 1 2U12 2013 2014 2015 2016 2017 ■ Fatal a Injury ■ Non -Injury The crash data was also analyzed for roadway conditions, weather and lighting. The data set did not indicate that either lighting or roadway condition played a significant part in the collisions at either study intersection. In addition to examining the type, severity, and environmental conditions of the intersection crashes, crash rates were also developed for the two study intersections. The crash rates are expressed in crashes per one-million he totallnumbeer oicrashes over the intersection tudy perliod (tthe number of years inthecalculated tudy period la9d the hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page 8 February 16, 2017 average daily intersection volume using the equation shown in Figure 7). The crash rate data table and applicable rates for the intersections are shown in Table 4. Figure 7: Intersection Crash Rate Equation RMEV= (# of accidents) (106) (ADT)(# of Years) (365d yea Table 4: Intersection Crash Rates Overall the majority of the crashes occurring at both of the intersections were non -injury rear -end collisions at the stop controlled side streets. While, the number of crashes has varied over the last six years, a review of the analysis indicates these locations experience crash rates at more than twice some of the national and historic Kentucky comparison rates. Clearly, these intersections are worth additional examination from a safety perspective. Additional crash analysis and data is attached in Appendix E. Future 2022 Traffic Volumes and Operations Projected traffic growth was added to the existing intersection traffic volumes to predict volumes for the future (2022) year scenario. The growth rate was calculated based on an analysis of the KYTC count station 073CO24 data. The available count data from 1989 to 2016 from this count station (along Pecan Drive near the study area) shows a linear increase of over 200 vehicles per year based on a best fit of the data (See Figure 2). If this trend continues for the next five years, that would yield a 13.2% increase (approximately 2.5% per year) over the current traffic volumes by 2022. The 13.2% growth was applied to all movements at both intersections as a reasonable, but conservative five year growth projection based on the available data. As previously mentioned, it is anticipated that a nursing home facility will be constructed just west of the Pecan Drive and Buckner Lane intersection prior to the future analysis year. Based upon current plans for this development, it is assumed that it will be a 100 bed facility. The associated peak hour volumes for this site based on the ITE Trip Generation manual data is 17 and 22 peak hour trips for the AM and PM peak hours, respectively. While some of these trips would travel through the study intersections, it was assumed that these trips would be accounted for within the 13.2% growth projections. Therefore, no additional trips were added to the future traffic volume projections. The future year (2022) AM and PM peak hour volumes which were used in the improvement alternatives analysis are shown in Figure 8. A 2022 future "No -Build" analysis was conducted using these projected volumes and the current intersection geometry. This identifies the anticipated traffic operations without improvements and a baseline for evaluating improvement alternatives at either intersection. The results of this 2022 No -Build operational analysis are summarized in Table 5. The Buckner Lane / Pines Road intersection is forecasted to continue to operate at acceptable levels of service in the future. The Buckner Lane / Pecan Drive intersection is expected to degrade further during hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page 9 February 16, 2017 the PM peak hour with the southbound approach exceeding several minutes of average delay per vehicle. Based on the existing and no -build analysis it appears that capacity improvements are warranted at the Buckner Lane / Pecan Drive intersection. Figure 8: Future Year (2022) Peak Hour Volumes AM Peak Hour (7:30a - 8:30a)' #Sk ' o PM Peak Hour (4:30p - 5:30p) ### C a 4 211 82 NORTH 162 71 � 58 100 !C y E 146 298 v 224 142.!. 71 Buckner Lane ` J d C 230 168 Y v m 379 119 249 93 t4�, 113 134 F 186 321 Pecan Drive 350 196 X 358 102 j Table 5: Future No -Build Conditions (2022) Traffic Analysis hdrinaconn 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page 10 February 16, 2017 Proposed Improvements Buckner Lane & Pecan Drive Intersection As outlined in the existing and No -Build analysis sections, the Buckner Lane/Pecan Drive intersection is currently experiencing unacceptable traffic operations and considerable queuing on the southbound (Buckner Lane) approach. This condition is expected to degrade further as traffic continues to increase. This study evaluates four alternatives that could potentially improve traffic operations at the intersection with the goal of the analysis is to determine which of the four alternatives provides the most effective yet efficient improvement given the geometric constraints. Alternative 1 - Installing Dedicated Right -Turn Lane on Buckner Lane The first proposed alternative would add a dedicated right -turn lane on the southbound approach (Buckner Lane) while retaining the current side -street stop control (Figure 9). This would allow the splitting of the Buckner traffic, providing each movement with a dedicated lane at the intersection, which should improve the operations and queuing along Buckner Drive. This alternate proposes a right turn bay containing 150 feet of storage and a 100 foot taper with two 12 foot lanes and a 14 foot center left turn lane resulting in a 38 foot total width. However, this alternative has substantial geometric constraints as Buckner Lane is bordered on both the left and the right by bridge piers for each of the 1-24 overpass bridges. Further investigation will be necessary to determine if the restrictions the dual bridges pose to the construction of the proposed design will affect the proposed cross section or if a narrower cross section would be required to construct this alternate without impacting the existing bridge foundations Figure 9: Alternate 1 - Dedicated Right -Turn Lane Alternative 2 — Converting to All -Way -Stop -Controlled Intersection The second proposed alternative would modify the intersection control from the current side -street stop control operation to an all -way -stop -control (AWSC) configuration (Figure 10). This would require the addition of stop signs and stop bars along Pecan Drive and would require all vehicles to stop at the intersection. hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page 11 February 16, 2017 Figure 10: Alternate 2 - All-WayStop-Control Alternative 3 — Convert to Signalized Intersection The third proposed alternative would convert the current stop -controlled intersection into a signalized intersection with the existing intersection geometry (Figure 11). This would more equally distribute delay between all three intersection approaches and would reduce the delay at the Buckner Lane approach as it would have dedicated green time during the signal cycle. It is anticipated that this option would also reduce the queuing on Buckner Lane. As discussed previously, a traffic signal is warranted at this location. Figure 11: Alternate 3 — Traffic Signal hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page 12 February 16, 2017 Alternative 4 - Convert to Signalized Intersection with Dedicated Right -Turn Lane A fourth alternative was considered, which would combine the improvements proposed for Alternatives 1 and 3. This alternative would include a new southbound right turn lane as well as a new traffic signal (Figure 12). Figure 12: Alternate 4 — Traffic Signal with Dedicated Right -Turn Lane Operational Analysis for Improvement Alternatives An operational analysis was conducted to evaluate the four improvement alternatives using the projected 2022 traffic volumes and the proposed geometric and traffic control conditions. The resulting LOS, delay, and estimated queue length for the AM and PM peak hours are shown in Table 6. The intersection analyses were conducted using the HCM 2010 method as implemented by Synchro 9. Detailed Synchro reports for the future conditions analysis are attached in Appendix C. hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page 13 February 16, 2017 Table 6: Buckner Lane & Pecan Drive Future Year (2022) Traffic Analysis Results Applicable No -Build Alt I Jurn Lane Alt 2--A-11VVay Stop AU-Sgnal Alt 4 -Signal & Lane Movements LOS Delay Queue LOS Deiay Queue Los belay;Queue LOS Delay Queue LOS Delay Queue Intersection 16.1 8.3 C 15.6 C 24.9 C 20.5 SB Approach E 408 215{ C 17.3 125 C 33.0 323 AM SB LeftTurn D 30.1 52 Ui ( n C 22.71 83 rr r Peak SB Rig 1 urn ? °" B 13.0 50 C 31.5 253 Hour EBThrough,�� B 10.7 X25 A 8.8 52.5 A 7.0 50 EB Left Turn A 8.7 16 A 8.7 18 B 14.9 75 B 15.9 128 B 12.2 120 WBApproach` "� "._F,C 15.7 100 C 27.1 265 C 20.8 255 Intersection - 153.11 29,6 42 E D 41.0 - C 33.3 SBApproach F 5 03.61 948 jF �,... 504 300 D 541 618 m PM SB Left Turn F 323:3 235 r C 22.5 95 Peak SBR19111I rn I r %' C 18.9 105 i `r a p� x D 53.5 420 Hour EBThrough. D 31.2 175 B 14.9 263 B 10.0 200 E 36.5 20Q EBLeft Turn A 10.0 38 A 10.0 38 D 41.7 453 C 32.5 278 WBApproach x E 45.4 275 D 46.6 525 D T38.3 t 425 ,•• will,1::ccvlunwm, uveranmwrsecuonuts is not reported rot stop controlled intersections unless it is an all -way stop control intersection. }Stop controlled 95e percentile queuing is reported in number of vehicles. This number was rounded up to the next whole vehicle and it was assumed that each vehicle in a queue would require an average of 25 feet. As shown in Table 6, the No -Build condition and Alternative 2 - All Way Stop condition are expected to yield unacceptable LOS at the Pecan Drive and Buckner Lane intersection under the 2022 PM peak hour conditions. Alternative 1, with the additional southbound turn lane, is predicted to operate better than the No -Build condition; however, the minor street left turn movement (SB Left) would still experience a failing LOS and delay during the PM peak hour. Alternative 1 would result in a queue of approximately 235 feet on Buckner Lane which would result in queues extending under the 1-24 bridges, but not back as far as the first intersection (Stanley Drive). Alternative 3 yields LOS and delay improvements; however, a projected queue length during the PM peak hour of over 600 feet on Buckner Lane would still extend past the Exall Lane intersection. It should be noted that while Alternative 1 is anticipated to yield an unacceptable LOS and queuing for the Buckner left -turn movement (SB Left), it shows an overall lower amount of average delay in regard to the intersection as a whole compared to both Alternative 3 and Alternative 4. The average net intersection delay anticipated for Alternative 1 is 11.1 seconds in the PM peak which would increase to 25.1 seconds in the Alternative 3 scenario (an overall increase of an average of 14.0 seconds per vehicle). Alternative 1 also yields shorter SB queues than Alternative 3. This alternative yields the best overall intersection performance as well as minimum queue lengths. Buckner Lane and Pines Road Intersection This intersection is currently operating with acceptable LOS, delay, and queuing under the existing and future No -Build conditions. Therefore, capacity improvements are not necessary at the intersection. The improvements that are recommended at this intersection are in an effort to improve safety and maintain acceptable operational performance at the intersection. The majority of the reported collisions at this intersection in the past 6 years have been rear end collisions on Pines Road approaching the hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page 14 February 16, 2017 intersection. Based upon the data, none of these rear end collisions resulted in injuries; therefore, it is likely that they occurred at relatively low speeds. It is possible that some of these collisions were due to the flared southbound intersection approach, which is designed to allow a right turning vehicle to pass a left turning vehicle that is stopped waiting for a gap in traffic. The alternatives below could be considered to address safety concerns at the intersection. Alternative 1 — Conversion to All Way Stop Controlled Intersection The first alternative that was examined, similar to the Pecan Drive and Buckner Lane intersection, is to convert the existing intersection into an AWSC intersection. This would force the existing un -controlled Buckner traffic to stop in addition to Pines Road traffic stopping. While, this alternative would make it easier for Pines Road traffic to turn right and left onto Buckner Lane, it would also increase delay. It may also increase other crash types at the intersection. Figure 13: Alternative 1 - Pines Road Alternative 2 — Removal of Southbound Right -Turn Channelization The second alternative was to modify the intersection geometry and remove the existing right turn channelization on the Pines Road approach. Currently there is one approach lane with a channelized right - turn area allowing two vehicles (one left -turning vehicle and one -right turning vehicle) to navigate the intersection at the same time. This channelization, while operationally beneficial (i.e. resulting in reduced delay), may encourage right turning drivers to look over their left shoulder at the Buckner Lane traffic to determine if there is there a gap, rather than paying attention to the vehicle in front of them in the queue. Removing the channelization and reducing the northwest corner radius would force drivers to queue in a single line and wait for the vehicle in front of them to move through the intersection prior to attempting to turn right. A conceptual layout of this alternative is shown in Figure 14. hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page 15 February 16, 2017 Figure 14: Alternate 2 - Pines Road Alternative 3 — Reconfiguration of Channelizing Island The third alternative to improve safety at this intersection would entail reconfiguring the west island on Pines Rd. to create a flatter approach for the right -turn traffic onto Buckner Lane by tightening the angle of the island and reducing the radius of the approach. This alternative would help to improve the driver perception as they both approach the intersection and navigate through the intersection. This lane alignment would force drivers to be more perpendicular to the opposing traffic along Buckner Lane (increasing the ease of visibility) as well as aide in more uniform queuing along the approach to reduce potential rear -end collisions. A conceptual layout of this alternative is shown in Figure 15. Figure 15: Alternate 3 - Pines Road hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270) 444-9691 Page 16 February 16, 2017 Table 5: Buckner Lane & Pines Road Future Year (2022) Traffic Analysis Results As shown in Table 5, it is anticipated that the Buckner Lane and Pines Road intersection will continue to operate with an acceptable LOS with the current intersection configuration and control in the 2022 analysis year scenario. The additional alternatives were modeled in order to examine the potential intersection mitigation efforts to try to improve safety at the intersection. Based upon the results shown in Table 5, converting the intersection to an AWSC intersection would cause greater delays and queuing at the intersection. Alternative 2 increases the overall intersection delay when compared to the No -Build condition. Alternative 3 on the other hand, yields slightly better Intersection LOS results when compared with Alternative 2, yet still does not make an improvement upon the No -Build condition all while falling within acceptable ranges. Both of these alternatives help to better serve the net intersection operations as well as improve the safety at the intersection. Recommendations Buckner Lane & Pecan Drive Intersection The existing traffic operations at this intersection (including observed intersection queuing) show unacceptable delays, queues, and Levels of Service on the southbound approach. With the forecasted traffic growth it is expected that the current conditions will degrade further unless improvements are made to the intersection. Providing an additional southbound right -turn lane on Buckner Lane would improve the intersection performance; however, the southbound left -turns would still experience a failing delay/LOS. As indicated in the signal warrant section, this intersection meets signal warrants with the existing traffic volumes. While constructing a signal would address the southbound left turn delay, it would increase the overall intersection delay when compared with Alternative 1. Based on the operational analysis and the benefits of Alternative 4, the installation of both a traffic signal and a right -turn bay is recommended to yield the best performance. If it is not feasible to implement both of these improvements, Alternate 3 is recommended due to the excessive delay and queue length on the southbound approach. hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Intersection A 4.5 - B 12.7 - A 6.9 A 4.5 AM SBApproach A -5 27.5 B 11.8 50 C 17.2 70 A 9.5 27.5 PeakEB Hour— Left Turn A 7.9 10 B 14 .4 85 A 3.6 10 A 7.9 10 WBApproach B 11.0 4 0 Intersection A 5.6C17.5D 21.9 - B 12.6 - A 5.6 PM SBApproach C 15.315,8 80 E ` 42.4 180 C 15.3 Peak 65 EB Left Turn A 8.6 27.6 195 A 8.6 17.5 A 8.617.5HourWBApproach �`19.9 As shown in Table 5, it is anticipated that the Buckner Lane and Pines Road intersection will continue to operate with an acceptable LOS with the current intersection configuration and control in the 2022 analysis year scenario. The additional alternatives were modeled in order to examine the potential intersection mitigation efforts to try to improve safety at the intersection. Based upon the results shown in Table 5, converting the intersection to an AWSC intersection would cause greater delays and queuing at the intersection. Alternative 2 increases the overall intersection delay when compared to the No -Build condition. Alternative 3 on the other hand, yields slightly better Intersection LOS results when compared with Alternative 2, yet still does not make an improvement upon the No -Build condition all while falling within acceptable ranges. Both of these alternatives help to better serve the net intersection operations as well as improve the safety at the intersection. Recommendations Buckner Lane & Pecan Drive Intersection The existing traffic operations at this intersection (including observed intersection queuing) show unacceptable delays, queues, and Levels of Service on the southbound approach. With the forecasted traffic growth it is expected that the current conditions will degrade further unless improvements are made to the intersection. Providing an additional southbound right -turn lane on Buckner Lane would improve the intersection performance; however, the southbound left -turns would still experience a failing delay/LOS. As indicated in the signal warrant section, this intersection meets signal warrants with the existing traffic volumes. While constructing a signal would address the southbound left turn delay, it would increase the overall intersection delay when compared with Alternative 1. Based on the operational analysis and the benefits of Alternative 4, the installation of both a traffic signal and a right -turn bay is recommended to yield the best performance. If it is not feasible to implement both of these improvements, Alternate 3 is recommended due to the excessive delay and queue length on the southbound approach. hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 Page 17 February 16, 2017 Buckner Lane and Pines Road Intersection This intersection is currently operating at an acceptable delay and LOS and it is anticipated to continue to operate acceptably in the 2022 No -Build scenario. The examination of this intersection was focused on improving the safety at the intersection, while maintaining the operational performance. It was observed from the study of the intersection crashes that the majority of collisions were along the southbound approach to the intersection (on Pines Road) and were primarily rear -end, non -injury collisions. Based upon that and the context of the potential improvements, three alternatives were proposed. Of the three proposed alternatives, converting the intersection to an AWSC intersection (Alternative 1) is anticipated to yield worse LOS, delay, and queues than the current configuration. Alternatives 2 and 3 were aimed to focus on improving driver awareness and lines of sight. Modifying the approach and removing the channelized turn (Alternative 2) would increase the delay compared with the No -Build condition, but could improve the safety at the intersection by forcing drivers into a single lane all the way to the stop bar. The final and recommended alternative (Alternative 3) would achieve the same effect by flattening the existing channelization to improve driver line of sight as well as improving the queuing on this approach. In addition to the proposed alternatives, adding yield pavement markings for the westbound right -turn channelization and improving the lighting conditions at the intersection could also help improve the overall intersection safety by increasing visibility and driver awareness. Conclusion Due to concerns for both operations and safety, HDR performed a detailed intersection analysis for two intersections along Buckner Lane in Paducah, Kentucky. Signal warrant, traffic operations, and safety analyses were performed for the intersections of Pecan Drive with Buckner Lane and Buckner Lane with Pines Road. The Pecan Drive intersection met multiple signal warrants under the existing conditions, while the Pines Road intersection did not meet any of the signal warrant thresholds. The Pecan Drive intersection is currently operating under unacceptable delay, LOS and queuing and is expected to continue to in the future. The City of Paducah is currently considering several improvements, which were evaluated for future conditions. Of these improvements, either adding a right -turn lane, a traffic signal, or the combination of both should help to decrease the intersection delay and queuing to varying degrees. The most beneficial improvement, from an operational stand point, would be adding both a right turn lane as well as a signal, but the geometrics of the existing intersection pose some concerns. If the implementation of both a signal and right turn lane is not feasible, then the next best option would be installing a signal. If only a right turn lane is added, then the queueing could exceed the storage length of the proposed right turn lane causing a longer delay than the signal alternative. The Pines Road intersection is expected to continue operating acceptably from a traffic capacity standpoint, however, safety improvements were considered for this location. The improvements were proposed to improve the safety and maintain operational performance. Of these, reconfiguring the southbound right -turn channelization to flatten the approach angle should help to improve the frequency of rear -end collisions and maintain an acceptable LOS. hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 CONSENT AGENDA FOR JULY 24, 2018ADC"� � Vin' - Minutes for the July 10, 2018 City Commission Meeting F Reappointment of Melanie Nunn to the Municipal Housing Authority. This term shall expire July 22, 2022. Receive & File Documents Minute File: I. Certificate of Liability Insurance - Metzger Construction 2. Oath of Office — Lindsay Parish — Deputy Alcoholic Beverage Administrator 3. Paducah Code of Ordinance Recodification — adopted July 10, 2018 (ORD 2018- 7-8539) 4. Certified list of property owners notified of the intent to annex certain property lying adjacent to the corporate limits of the City of Paducah located between Harris Road and KY Highway 998 (Olivet Church Road) a. Menards, Inc. b. Walter R. Reed and Harriett S. Reed Deed File: 5. Quitclaim Deeds Alley Closure between S. 31St Street and Maple Avenue — parallel to Lone Oak Road and Kentucky Avenue (ORD 2018-4-8522) (a) Burbanks Investment, LLC (Tract A) (b) Marshall Davis and his wife, Alberta Davis (Tract B) (c) CC Crossroads, LLC (Tracts C, D and E) (d) AMFM, LLC (Tract F) (e) Joseph Wayne Gorline (Tract G) Contract File: 6. Contract For Services — Yeiser Art Center (Executed by CM) 7. Contract For Services — Market House Theatre (Executed by CM) 8. Contract For Services — Paducah Symphony Orchestra (Executed by CM) 9. Contract For Services — River Heritage Museum (Executed by CM) 10. Contract For Services — Uppertown Heritage Foundation (Executed by CM) 11. Contract For Services — Paducah Film Society (Maiden Alley) — operating expenses (Executed by CM) 12. Change Order #1 —Paducah City Hall Restoration (ORD 2018-7-8538) 13. Agreement between City of Paducah and HDR Engineering — Paducah Levee Reconstruction Project— Phase 2 (Executed by CM) Financials File: 14. City of Paducah, Kentucky Annual Budget FY 2019 Proposals 15. Summit Environmental Services, Inc. — Air Monitoring for asbestos abatement project for Paducah City Hall I(D)1 Personnel Actions I(D)2 A MUNICIPAL ORDER AMENDING THE FY2018-2019 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY, TO CREATE THE POSITION OF BUSINESS SYSTEMS ANALYST, INCREASE BY ONE THE BUDGETED TOTAL IN GENERAL GOVERNMENT AND DECREASE BY ONE THE BUDGETED TOTAL IN THE INFORMATION TECHNOLOGY DEPARTMENT ft) 0 'qj oil I(D)3 A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE FY2018-2019 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY m® ^ ia6 1(D)4 A MUNICIPAL ORDER APPROVING AND AUTHORIZING AN ASSISTANCE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE KENTUCKY INFRASTRUCTURE AUTHORITY TO PROVIDE $4,610,667 OF LOAN FUNDS FOR WASTEWATER SYSTEM IMPROVEMENTS mu a1d`1 I(D)5 A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF PRIMARY AND BACKUP HOST SERVERS, PRIMARY AND BACKUP STORAGE ARRAYS, VIRTUALIZATION SERVER SOFTWARE AND SOFTWARE LICENSES FROM DELL MARKETING L.P. IN THE AMOUNT OF $131,216.42 FOR THE 911 PHASE I CAD UPGRADEaL�_ I(D)6 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE LUTHER F. CARSON FOUR RIVERS CENTER, INC. IN THE AMOUNT OF $59,425 FOR SPECIFIC SERVICES mo at I(D)7 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PADUCAH AREA TRANSIT SYSTEM IN THE AMOUNT OF $215,000 FOR PUBLIC TRANSPORTATION SERVICES MD a Cr�o I(D)8 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PADUCAH JUNIOR COLLEGE, INC. IN THE AMOUNT OF $75,000 FOR THE TWO LOCATIONS OF THE PADUCAH SCHOOL OF ART rn0 a13 I(D)9 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PADUCAH JUNIOR COLLEGE, INC. IN THE AMOUNT OF $125,000 FOR THE COMMUNITY SCHOLARSHIP PROGRAM Mo a July 10, 2018 At a Regular Meeting of the Board of Commissioners, held on Tuesday, July 10, 2018, 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 i Commissioner Holland gave the invocation. PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. PRESENTATION(S) ENTREPADUCAH Scott Darnell, President and CEO of Paducah Economic Development, and Monica Bilak gave an update on EntrePaducah. As part of Paducah Economic Development, EntrePaducah works to help connect entrepreneurs and small business owners with resources. EntrePaducah is exploring ideas to increase business development and entrepreneurial programming. Monica Bilak has been working closely with Sprocket which is a makerspace facility located in the Paducah Coke Plant. Sprocket allows students and adults to create entrepreneurial innovations using fabrication and digital tools. COMPREHENSIVE STORMWATER MASTER PLAN UPDATE Senior Planning Advisor John Lyons and Professional Engineer Steve Vogel with Strand Associates updated the Paducah Board of Commissioners on the Comprehensive Storm Water Master Plan. Strand Associates have worked with the Storm Water Advisory Committee (SWAC) to identify ten project areas that would yield the best benefit -cost ratio. The S WAC identified the 25 -year storm event level of service as the most beneficial for the City. Strand Associates presented options to the Board of Commissioners for funding the stormwater projects including the option of implementing a Storm Water Utility user fee. CONSENTAGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed. Mayor Harless requested that item I(C)5 relating to the BUILD Act Grant Application be removed from the consent agenda for separate discussion. The Mayor asked the City Clerk to read the remaining items on the Consent Agenda. I(A) Minutes for the June 26, 2018 City Commission Meeting 1(B)1 R & F DOCUMENTS: Minute File: 1. Notice of Cancellation for the Board of Commissioners of the City of Paducah for July 3, 2018 2. Certificate of Liability Insurance (a) AST Environmental, Inc. (b) William Briggs d/b/a Wiggins Concrete Construction (c) Leigh & Associates, Inc. 3. Oath of Office — James W. Arndt — City Manager 4. Oath of Office — James W. Arndt — Office of Alcoholic Beverage Administrator 5. Oath of Office — Lindsay Parish — City Clerk July 10, 2018 Mayor Harless offered motion, seconded by Commissioner Holland, that the items on the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). Deed File: 6. Deed of Conveyance - Paducah Water - Howerton Properties LLC for 63.052 acres of property lying on the Easterly side of Old Mayfield Road (Kentucky Highway 994) (ORD 2018-6-8535) Contract File: 7. Employment Contract — Michelle L. Smolen — Assistant City Manager (MO # 2116) 8. Employment Contract — Stephen C. Chino, Jr., - Information Technology Director (MO # 2117) 9. Employment Contract — Lindsay R. Parish — Paducah City Clerk (MO # 2118) 10. Declaration of Trust and Trust Participation Agreement for the Kentucky League of Cities Workers' Compensation Trust — (MO # 2119) 11. Trust Participation Agreement for the Kentucky League of Cities Insurance Services General Insurance Trust (MO # 2119) 12. Service Agreement for Paducah 911 with Jackson Purchase 2 Way Radio, Inc. (MO # 2120) Financials File: 13. Paducah Water Works — year ending May 31, 2018 I(C)l Personnel Actions I(C)2 A MUNICIPAL ORDER AMENDING THE FY2018-2019 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY, TO CREATE THE POSITION OF HOUSING COORDINATOR, REDUCE BY ONE BUDGETED FILLED THE HOUSING SPECIALIST POSITION, FILL BY ONE THE PLANNING PROJECT MANAGER POSITION AND REDUCE BY ONE BUDGETED FILLED PLANNER II POSITION (M.O. # 2121; BK 10) I(C)3 A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE FY2018-2019 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY (M.O. # 2122; BK 10) 1(C)4 A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE U.S. DEPARTMENT OF JUSTICE FOR A 2017-2018 EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT IN THE AMOUNT OF $11,284.00 FOR THE PURCHASE OF A LICENSE PLATE READER SYSTEM FOR THE PADUCAH POLICE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT AND ALL DOCUMENTS RELATED TO SAME (M.O. # 2123; BK 10) Mayor Harless offered motion, seconded by Commissioner Holland, that the items on the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). July 10, 2018 MUNICIPAL ORDER(S) BUILD ACT GRANT APPLICATION Mayor Harless offered motion, seconded by Commissioner Wilson, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL DOCUMENTS NECESSARY TO APPLY FOR A BETTER UTILIZING INVESTMENTS TO LEVERAGE DEVELOPMENT (BUILD) GRANT THROUGH THE DEPARTMENT OF TRANSPORTATION FOR NATIONAL INFRASTRUCTURE INVESTMENTS FOR THE INSTALLATION OF A LANDING/EXCURSION PIER AND DEVELOPMENT OF THE PADUCAH COMMONS; AUTHORIZING THE MAYOR TO EXECUTE ALL AGREEMENTS WITH THE PADUCAH-MCCRACKEN COUNTY PORT AUTHORITY REQUIRED BY THE FUNDING AGENCY; AND AUTHORIZING AND DIRECTING PLANNING DEPARTMENT STAFF TO SUBMIT AN APPLICATION THROUGH THE APPLICATION PORTAL," be adopted. AMEND BUILD GRANT APPLICATION MUNICIPAL ORDER UNCOMMITTED MATCH PERCENTAGE After discussion, Mayor Harless offered motion, seconded by Commissioner Rhodes, that the proposed Municipal Order for the BUILD Act Grant Application be amended to change the uncommitted match of 10% to an uncommitted match of 20%. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). ADOPT BUILD ACT GRANT APPLICATION MUNICIPAL ORDER AS AMENDED Mayor Harless offered motion, seconded by Commissioner Holland, that the BUILD Grant Application Municipal Order be adopted as amended to include an uncommitted match of 20%. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). (MO # 2124; BK 10) ORDINANCE(S) —ADOPTION APPROVE CHANGE ORDER NO. 1 FOR CITY HALL PHASE I PROJECT Commissioner Abraham offered motion, seconded by Commissioner Holland, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE APPROVING CHANGE ORDER NO. 1 WITH A & K CONSTRUCTION FOR A PRICE REDUCTION IN THE AMOUNT OF $206,381.00 FOR THE CITY HALL PHASE I PROJECT." This Ordinance is summarized as follows: the City of Paducah approves Change Order No. 1 with A & K Construction for an overall price reduction in the amount of $206,381.00 for the City of Paducah's City Hall Phase I Project which decreases the total contract price to $4,087,400.00 and authorizes the Mayor to execute the change order. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). (ORD # 2018-7-8538; BK 35) ADOPT RECODIFIED CODE OF ORDINANCES Commissioner Holland offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF PADUCAH, KENTUCKY; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE." July 10, 2018 This Ordinance is summarized as follows: Pursuant to KRS 83A.060(5), this Ordinance adopts the Code entitled "Code of Ordinances, City of Paducah, Kentucky," published by Municipal Code Corporation, consisting of chapters 1 through 126 in their entirety. Further, this Ordinance repeals certain ordinances of a general and permanent nature not included in the Code or recognized and continued in force by reference therein. As required by KRS 83A.060(9), the following Section 4 of the Ordinance is set forth in its entirety: Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $250.00. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). (ORD # 2018-7-8539; BK 35) ORDINANCE(S) — INTRODUCTION CHANGE ORDER NO. 2 FOR CITY HALL PHASE I PROJECT Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE APPROVING CHANGE ORDER NO.2 WITH A & K CONSTRUCTION FOR A PRICE INCREASE IN THE AMOUNT OF $16,836.00 FOR THE CITY HALL PHASE I PROJECT." This Ordinance is summarized as follows: the City of Paducah approves Change Order No. 2 with A & K Construction for an overall price increase in the amount of $16,836.00 for sidewalk replacement credit, lightweight concrete credit, stone water drainage credit, roof hatch access addition, canopy sonotube repair, canopy column repair, canopy underdeck and beam edge repair and canopy roof insulation addition for the City of Paducah's City Hall Phase I Project, henceforth, increasing the total contract price to $4,104,236.00 and authorizes the Mayor to execute the change order. APPROVE HDR SERVICES FOR PAVEMENT MANAGEMENT PROGRAM Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND HDR ENGINEERING, INC., FOR PRE -SURVEY DATA COLLECTION AND PAVEMENT INSPECTIONS FOR THE PAVEMENT MANAGEMENT PROGRAM IN AN AMOUNT OF $166,500.00; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT." This Ordinance is summarized as follows: this Ordinance authorizes and approves an Agreement between the City of Paducah and HDR Engineering, Inc., relating to pre -survey data collections and pavement inspections for the pavement management program in an amount of $166,500.00 and authorizes the Mayor to execute said Agreement. COMMENTS COMMENTS FROM THE CITY MANAGER City Manager Arndt reported that Movies in the Park is scheduled for Thursday, July 12t11 at 8:30 p.m. at the amphitheater in Noble Park. Government 101 will be at the McCracken County Library on Thursday, July 12t11 at 7:00 p.m. Paducah Parks & Recreation is hosting a Tennis Draw Your Partner Doubles on July 17n'. July 10, 2018 City Manager Arndt thanked Independence Bank for sponsoring the Independence Day celebration at the Paducah Riverfront. The City Manager asked for dates from the Commission for a potential Called Meeting to discuss the Strategic Plan. COMMENTS FROM THE BOARD OF COMMISSIONERS Commissioner Holland asked for an update on the traffic study that was conducted for Buckner Lane. City Engineer Murphy let the Commission know that presentation has been scheduled for the July 24th City Commission meeting. PUBLIC COMMENTS Jim Keeney spoke about the need for storage space for the carts that are used for Paducah Art a `la Cart. Jean Senter spoke to the Board of Commissioners about a renovation project at 1135 Park Avenue. She is applying to have the building put on the National Register of Historic Places. Patti Jones shared her concerns about mowing and city sidewalks. ADJOURN Mayor Harless offered motion, seconded by Commissioner Holland, to adjourn the meeting. All in favor. Meeting ended at approximately 8:55 p.m. ADOPTED: July 24, 2018 Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION r - Appointment NAME: Reappointment Melanie Nunn Joint Appointment Joint Reappointment NAME OF BOARD OR COMMISSION: Municipal Housing Authority DATE TO BE PLACED ON AGENDA: July 24, 2018 EXPIRATION OF TERM DATE: July 22, acs a r: APPOINTEE'S HOME ADDRESS: Street: 6402 Stinespring Drive City/zip: Paducah, KY 42001 Phone: 270-534-1317 Email Address: paducahmel@hotmail.com Appointee's Business Name: Address: City/Zip: Phone: 270-534-3420 ank you Resigned erm Expired Other (explain) TO REPLACE ON BOARD: ADDRESS: City/Zip: Appointee Confirmation: Date: July 2018 By: Board of Commission Approval: Brandi Harless Original to: City Clerk f ` i n r�`n� BOARD CHAIRMAN: Co: file iC�91�i�4Y Q f" I ,U e ' rn CGt, 1'wwt ,01Cy.Com CITY OF PADUCAH July 24, 2018 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 Ma ger's Signature ::7�Z�/ Date PERSONNEL ACTIONS July 24, 2018 M POLICE - OPERATIONS POSITION RATE NCS/CS FLSA EFFECTIVE DATE Burnett, Marcus R. _ Police Officer Recruit $21.36/Hr. NCS Non -Ex August 2, 2018 Bradley, Tyler W. Police Officer Recruit $21.36/Hr. NCS Non -Ex August 2, 2018 Stewart, Bryce C. Police Officer Recruit $21.36/1-1r. NCS Non -Ex September 13, 2018 Sykes, Nicholas S. Police Officer Recruit $21.36/Hr. NCS Non -Ex September 13, 2018 FIRE - PREVENTION Howe, David A. Deputy Fire Marshal $18.56/Hr. NCS Non -Ex August 16, 2018 PLANNING Townsend, Melanie Grants Administrator $25.48/Hr. NCS Exempt August 2, 2018 a PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY PLANNING Allen -McEwen, Lasica L. Housing Specialist Housing Coordinator NCS Exempt July 19, 2018 19.58/Hr. $26.44/Hr. POLICE -ADMINISTRATION Zidar, Michael S. Crime Analyst II Crime Analyst II NCS Exempt June 28, 2018 $27.41/Hr. $27.89/Hr. POLICE - OPERATIONS Orazine, Wesley R. Police Sergeant Police Captain NCS Exempt August 2, 2018 $29.72/Hr. $33.67/Hr. Baxter, Christopher L. Police Sergeant Police Captain NCS Exempt August 2, 2018 $28.96/Hr. $33.50/Hr. PARKS SERVICES Clark, Amie R. Recreation Superintendent Recreation Superintendent NCS Exempt July 12, 2018 $28.64/1-1r. $29.50/Hr. FIRE - SUPPRESSION Gray, Justin J. Firefighter/Relief Driver Acting Fire Lieutenant NCS Non -Ex May 17, 2018 $14.97/hr. $16.85/Hc Larson, Adam W. Firefighter/Relief Driver Acting Fire Lieutenant NCS Non -Ex May 26, 2018 $14.97/h r. $16.85/H r. Powless, Robert C. Fire Lieutenant Acting Fire Captain NCS Non -Ex May 29, 2018 $17.06/Hr. $18.20/H r. Powless, Robert C. Acting Fire Captain Fire Lieutenant NCS Non -Ex June 28, 2018 $18.20/Hr. $17.06/Hr. Hines, Ronnie L. Fire Lieutenant Acting Fire Captain NCS Non -Ex May 17, 2018 $17.06/Hr. $18.20/1-1r. E a o EPW - MAINTENANCE POSITION REASON EFFECTIVE DATE Trail, Cecil Maintenance Technician Retirement July 31, 2018 EPW - STREET Pugh, Daniel T. ROW Maintenance Person Resignation July 2, 2018 FIRE - SUPPRESSION Montgomery, Jeff L Fire Assistant Chief Retirement July 31, 2018 Rosario, Eugenio Firefighter Relief Driver Retirement July 31, 2018 EMERGENCY COMMUNICATION SRV Garrett, Brandy L - PERSONNEL ACTIONS July 24, 2018 POSITION REASON Telecommunicator Resigned EFFECTIVE DATE July 16, 2018 MUNICIPAL ORDER NO. 1 � A MUNICIPAL ORDER AMENDING THE FY2018-2019 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY, TO CREATE THE POSITION OF BUSINESS SYSTEMS ANALYST, INCREASE BY ONE THE BUDGETED TOTAL IN GENERAL GOVERNMENT AND DECREASE BY ONE THE BUDGETED TOTAL IN THE INFORMATION TECHNOLOGY DEPARTMENT WHEREAS, the City of Paducah adopted the FY2018-2019 Position and Pay Schedule by Municipal Order No. 2114 on June 26, 2018; and WHEREAS, it is necessary to amend the schedule to create the position of Business Systems Analyst and increase by one the budgeted total in General Government; and WHEREAS, it is necessary to amend the schedule to decrease by one budgeted total position in the Information Technology Department; and WHEREAS, in order to implement the changes it is necessary to amend the FY2018-2019 Position and Pay Schedule. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby approves to amend the FY2018- 2019 Position and Pay Schedule for the employees of the City of Paducah as attached hereto. SECTION 2. This Order will 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, July 24, 2018 Recorded by Lindsay Parish, City Clerk, July 24, 2018 mo/Position and Pay Schedule 7-24-18 CITY OF PADUCAH FY 2018-19 JULY 24, 2018 POSITION AND PAY SCHEDULE Section A. GENERAL GOVERNMENT POSITIONS City Manager Assistant City Manager Assistant to the City Manager City Clerk Business Systems Analyst Executive Assistant II / Assistant City Clerk Administrative Assistant III Public Information Officer Total Budgeted/Filled for Department Section C. INFORMATION TECHNOLOGY POSITIONS Director Information Technology Network Administrator Help Desk Technician IT Specialist I GIS Specialist Total Budgeted/Filled for AUTHORIZED POSITIONS BUDGET FILLED VACANT TOTAL NON -CS RCSSICS 1 1 1 1 1 1 FY 18119 1 1 1 1 1 1 1 1 7 6 0 1 FY 18119 FY 18119 HOURLY HOURLY WAGE WAGE ADJ. HOURS EXEMPT PAY RATE WORK NON-EXEMPT GRADE 66.10 40 E AA 39.42 GRADE 1 1 Z 40 40 E P 27.40 40 E P 1 1 40 E P 21.77 40 NE 1 17.12 40 NE D 30.36 40 E P AUTHORIZED POSITIONS FY 18119 HOURLY WAGE BUDGET FILLED VACANT ADJ. HOURS EXEMPT PAY TOTAL NON -CS RCSSICS RATE WORK NONEXEMPT GRADE 1 1 38.46 40 E U 1 1 34.02 40 E P 1 1 20.95 40 NE H 4 4 40 NE J 1 1 27.95 40 E P 1 1 40 E P 5 1 4 1 0 1 1 Agenda Action Form Paducah City Commission Meeting Date: July 24, 2018 Short Title: A Municipal Order Amending General Government & Information Technology Departments Sections A & C of the FY2018-2019 Position and Pay Schedule of the City of Paducah, Kentucky ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Martin Russell Presentation By: Martin Russell Background Information: This proposed action will amend Municipal Order 2114 establishing the Position and Pay Schedule. The summary of the changes are as follows: The creation of the Business Systems Analyst position & increase by one the Budgeted Total in General Government. The reduction by one Budgeted Total position in the Information Technology Department. Goal: []Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: NA Account Number: NA E::Finance Staff Recommendation: Approve Attachments: t Department IYead City Jerk (l sG Ma artPr 1-1 MUNICIPAL ORDER NO. Cj I A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE FY2018-2019 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City of Paducah adopted the FY2018-2019 Pay Grade Schedule by Municipal Order No. 2115 on June 26, 2018; and WHEREAS, the City desires to amend the Pay Grade Schedule to create the position of Business Systems Analyst in Pay Grade (P); and WHEREAS, in order to implement the change it is necessary to amend the FY2018-2019 Pay Grade Schedule. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby adopts and approves the amendment to the FY2018-2019 Pay Grade Schedule as attached hereto. SECTION 2. This Order will 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, July 24, 2018 Recorded by Lindsay Parish, City Clerk, July 24, 2018 \mo\pay grade schedule- 7-24-18 FY 2018-2019 Pay Grade Schedule July 24, 2018 New Hire Range Market Range Premium Range Pay Title Grade Beginning -1st 2nd Qtr Mid -Point 3rd Qrt 4th Premium Firefighter (Appointee) A $24,915 $27,695 $30,481 $33,310 $36,142 Account ClerkB $26,005 $29,046 $31,998 $34,927 $37,853 Admin Asst I B $26,005 $29,046 $31,998 $34,927 $37,853 Accounts Payable Clerk C $27,482 $30,540 $33,598 $36,743 $39,886 Admin Asst 11 C $27,482 $30,540 $33,598 $36,743 $39,886 Admin Assistant 911 C $27,482 $30,540 $33,598 $36,743 $39,886 Code Enforcement Assistant C $27,482 $30,540 $33,598 $36,743 $39,886 Data Entry Clerk 911 C $27,482 $30,540 $33,598 $36,743 $39,886 Evidence Technician I C $27,482 $30,540 $33,598 $36,743 $39,886 Laborer C $27,482 $30,540 $33,598 $36,743 $39,886 Permit Specialist C $27,482 $30,540 $33,598 $36,743 $39,886 Records Clerk I C $27,482 $30,540 $33,598 $36,743 $39,886 Revenue Technician C $27,482 $30,540 $33,598 $36,743 $39,886 ROW Maintenance Person C $27,482 $30,540 $33,598 $36,743 $39,886 Solid Waste Truck Driver C $27,482 $30,540 $33,598 $36,743 $39,886 Administrative Asst III D $28,764 $32,021 $35,279 $38,491 $41,703 Records Clerk 11 D $28,764 $32,021 $35,279 $38,491 $41,703 Concrete Finisher E $30,261 $33,653 $37,042 $40,442 $43,841 Equipment Operator E $30,261 $33,653$37,042 $40,442 $43,841 Firefighter E $30,261 $33,653 $37,042 $40,442 $43,841 Maintenance Technician E $30,261 $33,653 $37,042 $40,442 $43,841 Permit Technician E $30,261 $33,653 $37,042 $40,442 $43,841 Recreation Specialist E $30,261 $33,653 $37,042 $40,442 $43,841 Records Clerk III E $30,261 $33,653 $37,042 $40,442 $43,841 Traffic Tech E 30,261 $33,653 $37,042 $40,442 $43,841 Asst. City Clerk F 31,758 E$31,758 $35,327 $38,895 $42,490 $46,087 Cemetary Sexton F $35,327 $38,895 $42490 $46,087 Compost Equipment Operator F 31,758 $35,327 $38,895 $42,490 $46,087 Evidence Tech 11 F $31,758 $35,327 $38,895 $42,490 $46,087 Executive Asst F $31,758 $35,327 $38,895 $42,490 $46,087 Firefighter Relief Driver F $31,758 $35,327 $38,895 $42,490 $46,087 Floodwall Operator F $31,758 $35,327 $38,895 $42,490 $46,087 Telecommunicator F $31,758 $35,327 $38,895 $42,490 $46,087 Code Enforcement Officer I G $33,362 $37,100 $40,840 $44,585 $48,332 Fleet Mechanic I G $33,362 $37,100 $40,840 $44,585 $48,332 HR Generalist G $33,362 $37,100 $40,840 $44,585 $48,332 911 Shift Supervisor H $34,966 $38,923 $42,694 $46,784 $50,686 Arts & Culture Coordinator H $34,966 $38,923 $42,694 $46,784 $50,686 Fire Lieutenants H $34,966 $38,923 $42,694 $46,784 $50,686 FY 2018-2019 Pay Grade Schedule July 24, 2018 New Hire Range Market Range Premium Range Pay Title Grade Beginning -1st 2nd Qtr Mid -Point 3r1 Qrt 4th Premium Help Desk Technician H $34,966 $38,923 $42,694 $46,784 $50,686 Housing Specialist u tin o« Events &Promotions Specialist H $34,966 $38,923 $42,694 $46,784 $Si),,686686 Marketing Specialist H $34,966 $38,923 $42,694 $46,784 $50 $50,686 Fire Captains Fleet Mechanic II 1 $36,784 $40,905 $45,025 $49,192192 $53,358 Executive Asst 11 1 1 $36,784 $36,784 $40,905 $45,025 $49, $53,358 $40,905 $45,025 $49,192 $53,358 Executive Asst II/Assistant City Clerk 1 $36,784 $40,905 $45,025 $49,192 $53,358 Journeyman Electrician I $36,784 $40,905 $45,025 $49,192 $53,358 Office Manager I $36,784 $40,905 $45,025 $49,192 $53,358 Accountant J $38,602 $42,940 $47,277 $51,599 $55,925 Deputy Building Inspector 1 J1 $38,602 $42,940 $47,277 $51,599 $55,925 Deputy Electrical Inspector I J $38,602 $42,940 $47,277 $51,599 $55,925 Code Enforcement II 1 $38,602 $42,940 $47,277 $51,599 $55,925 Deputy Fire Marshal 1 J $38,602 $42,940 $47,277 $51,599 $55,925 Engineering Technician J $38,602 $42,940 $47,277 $51,599 $55,925 IT Specialist 1 J $38,602 $42,940 $47,277 $51,599 $55,925 Police Officer J $38,602 $42,940 $47,277 $51,599 $55,925 Revenue Auditor J $38,602 $42,940 $47,277 $51,599 $55,925 Records Division Manager K $40,527 $45,084 $49,641 $54,226 $58,806 Crime Analyst K $40,527 $45,084 $49,641 $54,226 $58,806 Assistant Director 911 L $41,392 $46,752 $52,121 $57,499 $62,875 Code Enforcement Supervisor L $41,392 $46,752 $52,121 $57,499 $62,875 Deputy Building Inspector 11 L $41,392 $46,752 $52,121 $57,499 $62,875 Deputy Electrical Inspector II + Plan L $41,392 $46,752 $52,121 $57,499 $62,875 Engineer Asst 11 L $41,392 $46,752 $52,121 $57,499 $62,875 Fire Marshall II L $41,392 $46,752 $52,121 $57,499 $62,875 Grants Administrator L $41,392 $46,752 $52,121 $57,499 $62,875 Parks Maintenance Supervisor L $41,392 $46,752 $52,121 $57,499 $62,875 Planner I P Supervisor - ompost L $41,392 $46,752 $52,121 $57,499 $62,875 Operations, Fleet, Maintenance, Street, Solid Waste) L $41,392 $46,752 $52,121 $57,499 $62,875 Chief Electrical Inspector M $43,414 $49,072 $54,729 $60,352 $65,975 Community Development Planner M $43,414 $49,072 $54,729 $601352 $65,975 Deputy Building Inspector III/Plan Review M $43,414 $49,072 $54,729 $60,352 $65,975 Downtown Development Specialist M $43,414 $49,072 $54,729 $60,352 $65,975 Engineer Asst III M $43,414$49,072 $541729 $60,352 1 $65,975 FY 2018-2019 Pay Grade Schedule July 24, 2018 New Hire Range Market Range Premium Range Pay Title Grade Beginning -1st 2nd Qtr Mid -Point 3rd Qrt 4th Premium Fire Marshall III M $43,414 $49,072 $54,729 $60,352 $65,975 Planner II M $43,414 $49,072 $54,729 $60,352 $65,975 Special Events Coordinator M $43,414 $49,072 $54,729 $60,352 $65,975 Chief Building Inspector N $45,205 $51,563 $57,464 $63,431 $69,397 Battalion Chief N $45,205 $51,563 $57,464 $63,431 $69,397 Fire Marshall N $45,205 $51,563 $57,464 $63,431 $69,397 Housing Coordinator N $45,205 $51,563 $57,464 $63,431 $69,397 Parks Maintenance Superintendent N $45,205 $51,563 $57,464 $63,431 $69,397 Recreation Superintendent N $45,205 $51,563 $57,464 $63,431 $69,397 EPW Street Superintendent N $45,205 $51,563 $57,464 $63,431 $69,397 EPW Floodwall Superintendent N $45,205 $51,563 $57,464 $63,431 $69,397 EPW Fleet Maintenance Superintendent O $47,904 $54,121 $60,339 $66,579 $72,819 GIS Analyst 0 $47,904 $54,121 $60,339 $66,579 $72,819 EPW Operations Manager 0 $47,904 $54,121 $60,339 $66,579 $72,819 Risk Manager 0 $47,904 $54,121 $60,339 $66,579 $72,819 Assistant to the City Manager P $50,256 $56,807 $63,354 $69,851 $76,347 Business Systems Analyst P $50,256 $56,807 $63,354 $69,851 $76,347 City Clerk P $50,256 $56,807 $63,354 $69,851 $76,347 Crime Analyst II P $50,256 $56,807 $63,354 $69,851 $76,347 GIS/Planner P $50,256 $56,807$63,354 $69,851 $76,347 Network Administrator P $50,256 $56,807 $63,354 $69,851 $76,347 Planning Project Manager P $50,256 $56,807 $63,354 $69,851 $76,347 Public Information Officer P $50,256 $56,807 $63,354 $69,851 $76,347 Section 8 Housing Admin P $50,256 $56,807 $63,354 $69,851 $76,347 Police ergeant P $50,256 $56,807 $63,354 $69,851 $76,347 GIS Specialist P $50,256 $56,807 $63,354 $69,851 $76,347 Police Captain Q $52,824 $59,673 $66,523 $73,414 $80,305 Fire Assistant Chief Q $52,824 $59,673 $66,523 $73,414 $80,305 Engineer Project Manager R $55,389 $62,619 $69,849 $77,001 $84,154 Storm & Drain Engineer R $55,389 $62,619 $69,849 $77,001 $84,154 Deputy Fire Chief- Operations S $58,169 $65,755 $73,342 $80,886 $88,431 Director of Inspection S $58,169 $65,755 $73,342 $80,886 $88,431 Police Assistant Chief S $58,169 $65,755 $73,342 $80,886 $88,431 Revenue Manager S $58,169 $65,755 $73,342 $80,866 $88,431 Assistant Public Works Director T $61 ,165 $69,086 $77 ,008 $84,966 $92,922 Controller T $61,165 $69,086 $77,008 $84,966 $92,922 Deputy Fire Chief - Fire Prevention T $61,165 $69,086 $77,008 $84,966 $92,922 Director of 911 T $61,165 $69,086 $77,008 $84,966 $92,922 Exec Director PRA T $16,165 $69,086 $77,008 1 $84,966 $92,922 FY 2018-2019 Pay Grade Schedule July 24, 2018 Title Pay Grade New Hire Range Beginning -1st 2nd Qtr Market Range Mid -Point 3rd Qrt Premium Range 4th Premium Director of IT U $64,157 $72,508 $80,859 $92,988 $102,287 Director of Parks Director of Planning Human Resource Director V V V $67,366 $76,133 $67,366 $76,133 $67,366 $76,133 $84,902 $97,637 $84,902 $97,637 $84,902 $97,637 $107,369 $107,369 $107,369 No Position W $70,787 $79,967 $89,147 $102,519 $112,772 Fire Chief X $74,316 $83,960 $93,604 $107,644 $118,410 No Position Y $77,952 $88,119 $98,284 $113,028 $124,330 Assistant City Manager Z $81,908 $92,555 $103,200 $118,679 $130,547 Director of Finance Z $81,908 $92,555 $103,200 $118,679 $130,547 City Engineer & Public Works Director Police Chief Z Z $81,908 $92,555 $81,908 $92,555 $103,200 $118,679 $103,200 $118,679 $130,547 $130,547 City Manager AA $110,352 $124,680 $139,009 $159,860 $175,847 Agenda Action Form Paducah City Commission Meeting Date: July 24, 2018 Short Title: Amend Pay Grade Schedule ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Martin Russell Presentation By: Martin Russell Background Information: July 10, 2018 the Commission adopted a new Pay Grade Schedule; this action will create a Business Systems Analyst position in category (P) on the Pay Grade Schedule. General Government • Creation of Business Systems Analyst position. This action will amend the current Pay Grade Schedule. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: E::Finance Staff Recommendation: Adopt the amended Pay Grade Schedule Attachments: Pay Grade Schedule. MUNICIPAL ORDER NO.� 7 F A MUNICIPAL ORDER APPROVING AND AUTHORIZING AN ASSISTANCE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE KENTUCKY INFRASTRUCTURE AUTHORITY TO PROVIDE $4,610,667 OF LOAN FUNDS FOR WASTEWATER SYSTEM IMPROVEMENTS WHEREAS, the City Commission ("Governing Authority") of the City of Paducah, Kentucky, ("Governmental Agency") has previously determined that it is in the public interest to acquire and construct certain facilities and improvements to the Governmental Agency's Wastewater System (the "Project"); and WHEREAS, the Governmental Agency has made application to the Kentucky Infrastructure Authority (the "Authority") for the purpose of providing monies to construct the Project; and WHEREAS, in order to obtain such monies, the Governmental Agency is required to enter into an Assistance Agreement with the Authority. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Governing Authority hereby approves and authorizes the Assistance Agreement between the Governmental Agency and the Authority dated as of July 1, 2018 substantially in the form on file with the Governmental Agency for the purpose of providing the necessary financing to the Governmental Agency for the Project. SECTION 2. That the Mayor and City Clerk of the Governmental Agency be and hereby are authorized, directed and empowered to execute necessary documents or agreements, and to otherwise act on behalf of the Governmental Agency to effect such financing. SECTION 3. That this order shall be in full force and effect from and after the date of its adoption. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners July 24, 2018 Recorded by Lindsay Parish, City Clerk, July 24, 2018 MO\KIA Clean Water State Revolving Fund Loan Pump Station 2 Certificate I, the undersigned, hereby certify that I am the duly qualified and acting City Clerk of the City of Paducah, Kentucky; that the foregoing is a full, true and correct copy of a Municipal Order adopted by the City Commission of said City at a meeting duly held on July 24, 2018; that said official action appears as a matter of public record in the official records or journal of the governing authority; that said meeting was held in accordance with all applicable requirements of Kentucky law, including KRS 61.810, 61.815, 61.820 and 61.823; that a quorum was present at said meeting; that said official action has not been modified, amended, revoked or repealed and is now in full force and effect. IN TESTIMONY WHEREOF, witness my signature this day of , 2018. Lindsay Parish, City Clerk MUNICIPAL ORDER NO. 2071 A MUNICIPAL ORDER AMENDING MUNICIPAL ORDER NO. 2055 ENTITLED "A MUNICIPAL ORDER AUTHORIZING AN APPLICATION THROUGH THE KENTUCKY ENERGY AND ENVIRONMENT CABINET AND KENTUCKY INFRASTRUCTURE AUTHORITY TO OBTAINA CLEAN WATER STATE REVOLVING FUND LOAN FOR THE FLOODWALL PUMP i-'- STATION #2 PROJECT, AND AUTHORIZING THF• MAYOR To EXECUTE ALL DOCUMENTS RELATING TO SAME" TO INCLUDE AND AUTHORIZE SUCCESSORS -IN -TITLE TO THE OFFICE OF MAYOR TO EXECUTE ALL LOAN APPLICATION DOCUMENTS WHEREAS, under the terms of Title VI of the Water Quality Act of 1987 and amendments to KRS 224A, the State is authorized to render financial assistance to eligible project applicants by way of capitalization grants from the U.S. Environmental Protection Agency and State Match fiords comprising the Federally Assisted Wastewater Revolving Fund (State Revolving Loan Program) established to aid in the construction of wastewater treatment facilities improvements and certain related facilities with consideration for the approval to be based on applications submitted through the Kentucky Energy and Environment Cabinet and the Kentucky Inlimt acture Authority; and WHEREAS, the City of Paducah proposes to provide improvements such as upgraded pump plant discharge pipes, rehabilitation of mechanical components and replacement of the sluice gate for the Pump Station #2 Rehabilitation Project which are considered eligible for such loan assistance; and WHEREAS, the City of Paducah now wishes to authorize the loan application to obtain a Clean Water State Revolving Fund Loan. BE IT ORDERED BY TIM CITY OF PADUCAH, KENTUCKY.. SECTION 1. The City of Paducah hereby authorizes the submission of an application through the Kentucky Energy and Environment Cabinet and Kentucky Infrastructure Authority to obtain a Clean Water State Revolving Fund Loan in the amount of $3,713,000 for improvements for the Floodwall Pump Station #2 Project and authorizes the Mayor and Successors -in -Title to execute all loan application documents relating to same. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. r A TEST: Tammam S. Sanderson, City Clork Adopted by the Board of Commissioners, Febmary27, 2018 Recorded by Tammara S. Sanderson, City Clerk, February 27, 2018 WIOIPump Station 2 Clean Water State Revolving Fund Loan Application Amendment YdW Agenda Action Form Paducah City Commission Meeting Date: 24 July 2018 Short Title: FLOODWALL PUMP STATION #2 REHABILITATION — CLEAN WATER STATE REVOLVING FUND (CWSRF) LOAN ASSISTANCE AGREEMENT ❑ Ordinance ❑ Emergency 0 Municipal Order E I Resolution ❑ Motion Staff Work By: Rick Murphy, Maegan Mansfield, Sheryl Chino Presentation By: Rick Murphy Background Information: In 1989, KRS Chapter 224A and 200 KAR 17:050 were enacted to begin anew financial program for construction of wastewater projects. Construction grant program funds were no longer available from the U.S. Environmental Protection Agency (EPA) for new projects, and financial assistance was still greatly needed for communities to comply with the Clean Water Act. The CWSRF, also referred to as Fund A, is a 20 or 30 year loan program for planning, design and construction of wastewater infrastructure projects, storm water projects and nonpoint source projects. The city has been awarded a CWSRF Fund A loan through the Kentucky Infrastructure Authority (KIA) for Floodwall Pump Station #2 project in the amount of $4,610,667 of which $1,300,000 will be forgiven over the 20 year life of the loan. The interest rate is 0.50% plus a 0.20% administrative rate. Improvements include: replacement of pump plant discharge pipes; rehabilitation of various mechanical components of all seven pumps and motors; replacement of the sluice gate; and, various appurtenances. The project funding breakdown is: CDBG $1,000,000 DRA CIF $ 400,000 CWSRF Loan $4.610.667 Total Project Cost $6,010,667 Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Pump #2 Construction tance 0W,5Account Number: Project Number: FW0007 CFDA: 66.458 Staff Recommendation: Authorize the Mayor to execute all CWSRF loan related documents. Attachments: Resolution, Loan Assistance Agreement and related documents n N LUSt ` De a men Hea Clerk City Manager N July 10, 2018 Brandi Harless, Mayor City of Paducah, Kentucky 300 South 5`a Street PO Box 2267 Paducah, Kentucky 42002 DINSMORE & SHOHL w+ 50 East RiverCenter Boulevard ^ Suite 1150 Covington, KY 41011 www.dinsmore.com (859) 431-7000 (direct) ^ (859) 431-0673 (fax) RE: Assistance Agreement by and between Kentucky Infrastructure Authority and City of Paducah, Kentucky dated as of July 1, 2018, No. A18-028 Dear Mayor Harless: In order for us to close the loan to be provided pursuant to the referenced Assistance Agreement, we ask that you provide the following: 1. Two (2) executed copies of the enclosed Resolution approving the Assistance Agreement; 2. Two (2) executed copies of the enclosed General Closing Certificate; 3. An executed copy of the Opinion of the City's Attorney, using the form enclosed, on counsel's letterhead; 4. One (1) executed copies of the enclosed signature pages to the Assistance Agreement, together with one (1) executed copy of the complete Assistance Agreement. In addition, we request that you provide or complete the following: 1. Minutes of the Meeting at which the Resolution was adopted. 2. A schedule of the City's present service charges, as defined in the Assistance Agreement to be incorporated as Exhibit C to the Assistance Agreement. 3. Complete the portion of Exhibit A to the Assistance Agreement concerning the City's insurance coverage. y July 10, 2018 Brandi Harless, Mayor City of Paducah, Kentucky 300 South 5`a Street PO Box 2267 Paducah, Kentucky 42002 DINSMORE & SHOHL w+ 50 East RiverCenter Boulevard ^ Suite 1150 Covington, KY 41011 www.dinsmore.com (859) 431-7000 (direct) ^ (859) 431-0673 (fax) RE: Assistance Agreement by and between Kentucky Infrastructure Authority and City of Paducah, Kentucky dated as of July 1, 2018, No. A18-028 Dear Mayor Harless: In order for us to close the loan to be provided pursuant to the referenced Assistance Agreement, we ask that you provide the following: 1. Two (2) executed copies of the enclosed Resolution approving the Assistance Agreement; 2. Two (2) executed copies of the enclosed General Closing Certificate; 3. An executed copy of the Opinion of the City's Attorney, using the form enclosed, on counsel's letterhead; 4. One (1) executed copies of the enclosed signature pages to the Assistance Agreement, together with one (1) executed copy of the complete Assistance Agreement. In addition, we request that you provide or complete the following: 1. Minutes of the Meeting at which the Resolution was adopted. 2. A schedule of the City's present service charges, as defined in the Assistance Agreement to be incorporated as Exhibit C to the Assistance Agreement. 3. Complete the portion of Exhibit A to the Assistance Agreement concerning the City's insurance coverage. Page 2 We have also enclosed one copy of each of the documents to be retained in your files, including the Assistance Agreement. All remaining executed copies, including the signature pages to the Assistance Agreement, should be returned to the undersigned, so that we may review the enclosed documents and forward them to the Kentucky Infrastructure Authority, who will obtain the necessary signatures by the Infrastructure Authority and return the documents to us. A bound transcript including all signed documents will be provided to you at a later date. Please make sure that Exhibits A and C to the Assistance Agreement are completed, including the section in Exhibit A concerning the insurance coverage. Please call the undersigned if you should have any questions or comments regarding these enclosures. EPY/mmw Encls. cc: Amanda Yeary Meg Link Very truly yours, MUNICIPAL ORDER NO. 2127 A MUNICIPAL ORDER APPROVING AND AUTHORIZING AN ASSISTANCE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND TEE KENTUCKY INFRASTRUCTURE AUTHORITY TO PROVIDE $4,610,667 OF LOAN FUNDS FOR WASTEWATER SYSTEM IMPROVEMENTS WHEREAS, the City Commission ("Governing Authority") of the City of Paducah, Kentucky, ("Governmental Agency") has previously determined that it is in the public interest to acquire and construct certain facilities and improvements to the Governmental Agency's Wastewater System (the "Project"); and WHEREAS, the Governmental Agency has made application to the Kentucky Infrastructure Authority (the "Authority") for the purpose of providing monies to construct the Project; and WHEREAS, in order to obtain such monies, the Governmental Agency is required to enter into an Assistance Agreement with the Authority. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the Governing Authority hereby approves and authorizes the Assistance Agreement between the Governmental Agency and the Authority dated as of July 1, 2018 substantially in the form on file with the Governmental Agency for the purpose of providing the necessary financing to the Governmental Agency for the Project. SECTION 2. That the Mayor and City Clerk of the Governmental Agency be and hereby are authorized, directed and empowered to execute necessary documents or agreements, and to otherwise act on behalf of the Governmental Agency to effect such financing. SECTION 3. That this order shall be in full force and effect from and after the date of its adoption. > / Brandi Harless, N r ayor ATTEST: usj t &K mdsay Parish, Ci ylerk Adopted by the Board of Commissioners July 24, 2018 Recorded by Lindsay Parish, City Clerk, July 24, 2018 MO\KIA Clean Water State Revolving Fund Loan Pump Station 2 Certificate I, the undersigned, hereby certify that I am the duly qualified and acting City Clerk of the City of Paducah, Kentucky; that the foregoing is a full, true and correct copy of a Municipal Order adopted by the City Commission of said City at a meeting duly held on July 24, 2018; that said official action appears as a matter of public record in the official records or journal of the governing authority; that said meeting was held in accordance with all applicable requirements of Kentucky law, including KRS 61.810, 61.815, 61.820 and 61.823; that a quorum was present at said meeting; that said official action has not been modified, amended, revoked or repealed and is now in full force and effect. IN TESTIMONY WHEREOF, witness my signature this day of 2018. Lindsay Parish, qity Clerk MUNICIPAL ORDER NO. 2127 A MUNICIPAL ORDER APPROVING AND AUTHORIZING AN ASSISTANCE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE KENTUCKY INFRASTRUCTURE AUTHORITY TO PROVIDE $4,610,667 OF LOAN FUNDS FOR WASTEWATER SYSTEM IMPROVEMENTS WHEREAS, the City Commission ("Governing Authority") of the City of Paducah, Kentucky, ("Governmental Agency") has previously determined that it is in the public interest to acquire and construct certain facilities and improvements to the Governmental Agency's Wastewater System (the "Project"); and WHEREAS, the Governmental Agency has made application to the Kentucky Infrastructure Authority (the "Authority") for the purpose of providing monies to construct the Project; and WHEREAS, in order to obtain such monies, the Governmental Agency is required to enter into an Assistance Agreement with the Authority. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Governing Authority hereby approves and authorizes the Assistance Agreement between the Governmental Agency and the Authority dated as of July 1, 2018 substantially in the form on file with the Governmental Agency for the purpose of providing the necessary financing to the Governmental Agency for the Project. SECTION 2. That the Mayor and City Clerk of the Governmental Agency be and hereby are authorized, directed and empowered to execute necessary documents or agreements, and to otherwise act on behalf of the Governmental Agency to effect such financing. SECTION 3. That this order shall be in full force and effect from and after the date of its adoption. Brandi Harless, Mayo AT EST: ddsay Parish, C'ty lerk Adopted by the Board of Commissioners July 24, 2018 Recorded by Lindsay Parish, City Clerk, July 24, 2018 MO\KIA Clean Water State Revolving Fund Loan Pump Station 2 Certificate I, the undersigned, hereby certify that I am the duly qualified and acting City Clerk of the City of Paducah, Kentucky; that the foregoing is a full, true and correct copy of a Municipal Order adopted by the City Commission of said City at a meeting duly held on July 24, 2018; that said official action appears as a matter of public record in the official records or journal of the governing authority; that said meeting was held in accordance with all applicable requirements of Kentucky law, including KRS 61.810, 61.815, 61.820 and 61.823; that a quorum was present at said meeting; that said official action has not been modified, amended, revoked or repealed and is now in full force and effect. IN TESTIMONY WHEREOF, witness my signature this � day of 2018. Lindsay Parish, Ci Clerk Re: Assistance Agreement between the Kentucky Infrastructure Authority ("KIA") and City of Paducah, Kentucky (the "Governmental Agency"), dated as of July 1, 2018 GENERAL CLOSING CERTIFICATE OF GOVERNMENTAL AGENCY In connection with the above -captioned Assistance Agreement (the "Assistance Agreement"), the Governmental Agency, through its undersigned duly authorized officer hereby certifies, represents, warrants and covenants as follows: 1. No event of default exists, or with the passage of time will exist, under the Assistance Agreement and the representations and warranties set forth in the Assistance Agreement are true and correct as of the date hereof. 2. The Governmental Agency has examined and is familiar with proceedings of the governing body of the Governmental Agency approving the Assistance Agreement and authorizing its negotiation, execution and delivery and such proceedings were duly enacted or adopted at a meeting of the governing body of the Governmental Agency at which a quorum was present and acting throughout; such proceedings are in full force and effect and have not been superseded, altered, amended or repealed as of the date hereof; and such meeting was duly called and held in accordance with law. 3. The Governmental Agency is a duly organized and validly existing political subdivision of the Commonwealth of Kentucky with full power to own its properties, conduct its affairs, enter into the Assistance Agreement and consummate the transactions contemplated thereby. 4. The negotiation, execution and delivery of the Assistance Agreement by the Govemmental Agency and the consummation of the transactions contemplated thereby by the Governmental Agency have been duly authorized by all requisite action of the governing body of the Governmental Agency. 5. The Assistance Agreement has been duly executed and delivered by the Govemmental Agency and is a valid and binding obligation of the Governmental Agency enforceable in accordance with its terms, except to the extent that the enforceability thereof may be limited by equitable principles and by bankruptcy, reorganization, moratorium, insolvency or similar laws heretofore or hereafter enacted relating to or affecting the enforcement of creditors' rights or remedies generally. 6. There is no controversy or litigation of any nature pending, or to the knowledge of the Governmental Agency after diligent inquiry, threatened, in any court or before any board, tribunal or administrative body, to challenge in any manner the authority of the Governmental Agency or its governing body to make payments under the Assistance Agreement or to construct the Project, or to challenge in any manner the authority of the Governmental Agency or its governing body to take any of the actions which have been taken in the authorization or delivery of the Assistance Agreement or the construction of the Project, or in any way contesting or affecting the validity of the Assistance Agreement, or in any way questioning any proceedings taken with respect to the authorization or delivery by the Governmental Agency of the Assistance Agreement, or the application of the proceeds thereof or the pledge or application of any monies or security provided therefor, or in any way questioning the due existence or powers of the Governmental Agency, or otherwise wherein an unfavorable decision would have an adverse impact on the transactions authorized in connection with the Assistance Agreement. 7. The authorization and delivery of the Assistance Agreement and the consummation of the transactions contemplated thereby will not constitute an event of default or violation or breach, nor an event which, with the giving of notice or the passage of time or both, would constitute an event of default or violation or breach, under any contract, agreement, instrument, indenture, lease, judicial or administrative order, decree, rule or regulation or other document or law affecting the Governmental Agency or its governing body. 8. All actions taken by the Governmental Agency in connection with the Assistance Agreement and the loan described therein and the Project, as defined in the Assistance Agreement, have been in full compliance with the provisions of the Kentucky Open Meetings Law, KRS 61.805 to 61.850. 9. The Governmental Agency has all licenses, permits and other governmental approvals required to own, occupy, operate and maintain the Project and to enter into the Assistance Agreement, is not in violation of and has not received any notice of an alleged violation of any zoning or land use laws applicable to the Governmental Agency Project, and has full right, power and authority to perform the acts and things as provided for in the Assistance Agreement. 10. The individuals named below are the duly elected or appointed qualified and acting incumbents in the office of the Governmental Agency indicated after their respective names and the signatures subscribed above their names are their genuine signatures. WITNESS our signatures, this I day of .� �.� ;l 2018. GOVERANNIENTAL AGENCY: CITY OF PADUCAH, KENTUCKY By: ,, Name: Brandi Harless ATTitle: Mayor TES By:: Frith l Name: 1 Title: City Clerk 13085848v1 2 Re: Assistance Agreement between the Kentucky Infrastructure Authority ("KIA") and City of Paducah, Kentucky (the "Governmental Agency"), dated as of July 1, 2018 GENERAL CLOSING CERTIFICATE OF GOVERNMENTAL AGENCY In connection with the above -captioned Assistance Agreement (the "Assistance Agreement'), the Governmental Agency, through its undersigned duly authorized officer hereby certifies, represents, warrants and covenants as follows: 1. No event of default exists, or with the passage of time will exist, under the Assistance Agreement and the representations and warranties set forth in the Assistance Agreement are true and correct as of the date hereof. 2. The Governmental Agency has examined and is familiar with proceedings of the governing body of the Governmental Agency approving the Assistance Agreement and authorizing its negotiation, execution and delivery and such proceedings were duly enacted or adopted at a meeting of the governing body of the Governmental Agency at which a quorum was present and acting throughout; such proceedings are in full force and effect and have not been superseded, altered, amended or repealed as of the date hereof; and such meeting was duly called and held in accordance with law. 3. The Governmental Agency is a duly organized and validly existing political subdivision of the Commonwealth of Kentucky with full power to own its properties, conduct its affairs, enter into the Assistance Agreement and consummate the transactions contemplated thereby. 4. The negotiation, execution and delivery of the Assistance Agreement by the Governmental Agency and the consummation of the transactions contemplated thereby by the Governmental Agency have been duly authorized by all requisite action of the governing body of the Governmental Agency. 5. The Assistance Agreement has been duly executed and delivered by the Governmental Agency and is a valid and binding obligation of the Governmental Agency enforceable in accordance with its terms, except to the extent that the enforceability thereof may be limited by equitable principles and by bankruptcy, reorganization, moratorium, insolvency or similar laws heretofore or hereafter enacted relating to or affecting the enforcement of creditors' .rights or remedies generally. 6. There is no controversy or litigation of any nature pending, or to the knowledge of the Governmental Agency after diligent inquiry, threatened, in any court or before any board, tribunal or administrative body, to challenge in any manner the authority of the Governmental Agency or its governing body to make payments under the Assistance Agreement or to construct the Project, or to challenge in any manner the authority of the Governmental Agency or its governing body to take any of the actions which have been taken in the authorization or delivery of the Assistance Agreement or the construction of the Project, or in any way contesting or affecting the validity of the Assistance Agreement, or in any way questioning any proceedings taken with respect to the authorization or delivery by the Governmental Agency of the Assistance Agreement, or the application of the proceeds thereof or the pledge or application of any monies or security provided therefor, or in any way questioning the due existence or powers of the Governmental Agency, or otherwise wherein an unfavorable decision would have an adverse impact on the transactions authorized in connection with the Assistance Agreement. 7. The authorization and delivery of the Assistance Agreement and the consummation of the transactions contemplated thereby will not constitute an event of default or violation or breach, nor an event which, with the giving of notice or the passage of time or both, would constitute an event of default or violation or breach, under any contract, agreement, instrument, indenture, lease, judicial or administrative order, decree, rule or regulation or other document or law affecting the Governmental Agency or its governing body. 8. All actions taken by the Governmental Agency in connection with the Assistance Agreement and the loan described therein and the Project, as defined in the Assistance Agreement, have been in full compliance with the provisions of the Kentucky Open Meetings Law, KRS 61.805 to 61.850. 9. The Governmental Agency has all licenses, permits and other governmental approvals required to own, occupy, operate and maintain the Project and to enter into the Assistance Agreement, is not in violation of and has not received any notice of an alleged violation of any zoning or land use laws applicable to the Governmental Agency Project, and has full right, power and authority to perform the acts and things as provided for in the Assistance Agreement. 10. The individuals named below are the duly elected or appointed qualified and acting incumbents in the office of the Governmental Agency indicated after their respective names and the signatures subscribed above their names are their genuine signatures. WITNESS our signatures, this ' i lday of721 1 2018. ATTES L, By: N L-irld�ta r iS Title: City Clerk 13085848vl GOVERNMENTAL AGENCY: CITY OF PADUCAB, KENTUCKY Name: Brandi Harless Title: Mayor 2 2018 Kentucky Infrastructure Authority 1024 Capital Center Drive Suite 340 Paducah, Kentucky 40601 RE: Assistance Agreement by and between Kentucky Infrastructure Authority and City of Paducah, Kentucky, dated as of July 1, 2018 Ladies and Gentlemen: The undersigned is an attorney at law duly admitted to the practice of law in the Commonwealth of Kentucky and is legal counsel to the City of Paducah, Kentucky (the "Governmental Agency"). I am familiar with the organization and existence of the Governmental Agency and the laws of the Commonwealth applicable thereto. Additionally I am familiar with the wastewater treatment works project (the "Project") with respect to which the Assistance Agreement by and between the Kentucky Infrastructure Authority ("Authority") and the Governmental Agency is being authorized, executed and delivered. I have reviewed the form of Assistance Agreement by and between the Authority and the Governmental Agency, the ordinance of the governing authority authorizing the execution and delivery of said Assistance Agreement and the plans, designs and specifications prepared by the Engineers for the Governmental Agency with respect to the Project. Based upon my review I am of the opinion that: 1) The Governmental Agency is a duly organized and existing municipal corporation and political subdivision of the Commonwealth of Kentucky validly existing under the Constitution and statutes of the Commonwealth of Kentucky. 2) The Assistance Agreement has been duly executed and delivered by the Governmental Agency and is a valid and binding obligation of the Governmental Agency enforceable in accordance with its terms, except to the extent that the enforceability thereof may be limited by equitable principles and by bankruptcy, reorganization, moratorium, insolvency or similar laws heretofore or hereafter enacted relating to or affecting the enforcement of creditors' rights or remedies generally. 3) The Governmental Agency has all necessary power and authority (i) to enter into, perform and consummate all transactions contemplated by the Assistance Agreement, and (ii) to execute and deliver the documents and instruments to be executed and delivered by it in connection with the construction of the Project. 4) The Service Charges, as defined in the Assistance Agreement, are in full force and effect and have been duly and lawfully adopted by the Governmental Agency. 5) The execution and delivery of the Assistance Agreement and the performance by the Governmental Agency of its obligations thereunder does not and will not conflict with, violate or constitute a default under any court or administrative order, decree or ruling, or any law, statute, ordinance or regulation, or any agreement, indenture, mortgage, lease, note or other obligation or instrument, binding upon the Governmental Agency, or any of its properties or assets. The Governmental Agency has obtained each and every authorization, consent, permit, approval or license of, or filing or registration with, any court or governmental department, commission, board, bureau, agency or instrumentality, or any specifically granted exemption from any of the foregoing, that is necessary to the valid execution, delivery or performance by the Governmental Agency of the Assistance Agreement and the imposition of the Service Charges. 6) To the best of my knowledge after due inquiry there is no action, suit, proceedings or investigation at law or in equity before any court, public board or body pending or threatened against, affecting or questioning (i) the valid existence of the Governmental Agency, (ii) the right or title of the members and officers of the Governmental Agency to their respective positions, (iii) the authorization, execution, delivery or enforceability of the Assistance Agreement or the application of any monies or security therefor, (iv) the construction of the Project, (v) the validity or enforceability of the Service Charges or (vi) that would have a material adverse impact on the ability of the Governmental Agency to perform its obligations under the Assistance Agreement. 7) None of the proceedings or authority heretofore had or taken by the Governmental Agency for the authorization, execution or delivery of the Assistance Agreement has or have been repealed, rescinded, or revoked. 8) To the best of my knowledge, the Governmental Agency has fully complied with all federal and state labor and procurement laws in connection with the acquisition and construction of the Project. 9) All proceedings and actions of the Governmental Agency with respect to which the Assistance Agreement is to be delivered were had or taken at meetings properly convened and held in substantial compliance with the applicable provisions of Sections 61.805 to 61.850 of the Kentucky Revised Statutes. Very truly yours, 13085840v1 Section 9.9. Captions. The captions or headings herein are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Assistance Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Assistance Agreement to be executed by their respective duly authorized officers as of the day and year above written. ATTEST: Title: ATTEST: CTidle: City Clerk SECRETARY/FINANCE AND ADMINISTRATION CABINET OF THE COMMONWEALTH OF KENTUCKY KENTUCKY INFRASTRUCTURE AUTHORITY GOVERNMENTAL AGENCY: CITY OF PADUCAH, KENTUCKY B ✓f /�._ Title: Mayor EXAMINED: LEGAL COUNSEL TO THE KENTUCKYINFRASTRUCTURE AUTHORITY APPROVED AS TO FORM AND LEGALITY APPROVED FINANCE AND ADMINISTRATION CABINET KENTUCKY INFRASTRUCTURE AUTHORITY ASSISTANCE AGREEMENT FEDERALLY ASSISTED WASTEWATER REVOLVING LOAN FUND PROGRAM FUND A PROJECT NUMBER: ICI••1 BORROWER'S ADDRESS City of Paducah, Kentucky 300 South 5a' Street Paducah, Kentucky 42002 DATE OF ASSISTANCE AGREEMENT: July 1, 2018 CFDA NO.: ASSISTANCE AGREEMENT TABLE OF CONTENTS ARTICLE I DEFINITIONS ARTICLE II REPRESENTATIONS AND WARRANTIES Page SECTION 2.1. Representations and Warranties of Authority ............................................ 6 SECTION 2.2. Representations and Warranties of the Governmental Agency ................. 6 ARTICLE III AUTHORITY'S AGREEMENT TO MAKE LOAN; TERMS SECTION 3.1. Determination of Eligibility .............................. ....... 9 ................................... SECTION 3.2. Principal Amount of Loan Established; Disbursement of Funds; LoanPayments.......................................................................................... 9 SECTION 3.3. Governmental Agency's Right to Prepay Loan ........................................... 9 SECTION 3.4. Subordination of Loan ................................ ......... 10 ...................................... ARTICLE IV CONDITIONS PRECEDENT TO DISBURSEMENT; REQUISITION FOR FUNDS SECTION 4.1. Covenants of Governmental Agency and Conditions of Loan ................. 11 SECTION 4.2. Additional Conditions to Disbursement Required Under the FederalAgreement..................................................................................14 SECTION 4.3. Disbursements of Loan; Requisition for Funds ........................................ 15 ARTICLE V CERTAIN COVENANTS OF GOVERNMENTAL AGENCY; PAYMENTS TO BE MADE BY GOVERNMENTAL AGENCY TO THE AUTHORITY SECTION 5.1. Imposition of Service Charges..................................................................17 SECTION 5.2. Governmental Agency's Obligation to Repay Loan .................................17 SECTION 5.3. Covenant to Adjust Service Charges.........................................................17 SECTION 5.4. Adequacy of Service Charges..................................................................17 SECTION 5.5. Covenant to Establish Maintenance and Replacement Reserve ...............18 SECTION 5.6. Covenant to Charge Sufficient Rates; Reports; Inspection ....................... 18 SECTION 5.7. Segregation of Funds................................................................................18 SECTION 5.8. Mandatory Sewer Connection...................................................................18 SECTION 6.1. SECTION 6.2. SECTION 6.3. SECTION 6.4. SECTION 6.5. SECTION 6.6. SECTION 6.7. SECTION 6.8. SECTION 6.9. SECTION 6.10. SECTION 6.11. SECTION 6.12. SECTION 6.13. ARTICLE VI OTHER COVENANTS OF THE GOVERNMENTAL AGENCY Further Assurance ................................... Completion of Project ............................. Establishment of Completion Date ......... Commitment to Operate .......................... Continue to Operate............................................................... TaxCovenant......................................................................... Accounts and Reports........................................................... Financial Statements............................................................. General Compliance With All Duties ................................... System Not to Be Disposed Of ............................................. General.................................................................................. Further Covenants Under the Federal Agreement ................ Continuing Disclosure Obligations ....................................... ARTICLE VII ................ 20 ................ 20 .................... 21 .................... 21 .................... 21 .................... 21 .................... 21 .................... 21 .................... 22 MAINTENANCE, OPERATION, INSURANCE AND CONDEMNATION SECTION 7.1. SECTION 7.2. SECTION 7.3. SECTION 7.4. SECTION 7.5. SECTION 7.6. SECTION 7.7. SECTION 7.8. SECTION 7.9. SECTION 7.10. SECTION 7.11. MaintainSystem....................................................................................... 24 Additions and Improvements .................................................................... 24 Compliance with State and Federal Standards 24 .......................................... Accessto Records..................................................................................... 24 Covenant to Insure -Casualty .................................................................... 24 Authority as Named Insured..................................................................... 24 Covenant to Insure - Liability ................................................................... 24 Covenant Regarding Workers' Compensation .......................................... 25 Application of Casualty Insurance Proceeds ............................................. EminentDomain 25 ....................................................................................... FloodInsurance 25 ......................................................................................... 26 ii ARTICLE VIII ARTICLE DX MISCELLANEOUS PROVISIONS SECTION 9.1. Approval not to be Unreasonably Withheld .............................................. 29 SECTION 9.2. Approval .................................. ........................... 29 ...................................... SECTION 9.3. Effective Date .................................................... ............ 29 ............................ SECTION 9.4. Binding Effect ...................................................... ............................... 29 SECTION 9.5. Severability................................................................... ............................ 29 SECTION 9.6. Assignability..................................................... ...... 29 .................................. SECTION 9.7. Execution in Counterparts......................................................................... 29 SECTION 9.8. Applicable Law......................................................................................... 29 SECTION9.9. Captions................................................................... ............ 30 ..................... SIGNATURES...................................................................................................................30 EXHIBIT A - PROJECT SPECIFICS................................................................................. A-1 EXHIBIT B - REQUISITION FORM................................................................................. B-1 EXHIBIT C - SCHEDULE OF SERVICE CHARGES ...................................................... C-1 EXHIBIT D - FORM OF RESOLUTION........................................................................... D-1 EXHIBIT E - LEGAL OPINION......................................................... ..........E-1 ...................... EXHIBIT F - SCHEDULE OF PAYMENTS......................................................................F-1 EXHIBIT G - ADDITIONAL COVENANTS AND AGREEMENTS ............................... G-1 iii EVENTS OF DEFAULT AND REMEDIES SECTION 8.1. Events of Default Defined ............................ SECTION 8.2. ....................................... Remedies on Default 27 SECTION 8.3. ................................................... ....... ....................... Appointment of Receiver 27 SECTION 8.4. .......................................................... ................ No Remedy Exclusive 28 SECTION 8.5. ............................................. .................................. Consent to Powers of Authority Under Act 28 SECTION8.6. .............................................. Waivers 28 SECTION 8.7. ..................................................................................................... Agreement to Pay Attorneys' Fees Expenses 28 and ..................................... .................. 28 ARTICLE DX MISCELLANEOUS PROVISIONS SECTION 9.1. Approval not to be Unreasonably Withheld .............................................. 29 SECTION 9.2. Approval .................................. ........................... 29 ...................................... SECTION 9.3. Effective Date .................................................... ............ 29 ............................ SECTION 9.4. Binding Effect ...................................................... ............................... 29 SECTION 9.5. Severability................................................................... ............................ 29 SECTION 9.6. Assignability..................................................... ...... 29 .................................. SECTION 9.7. Execution in Counterparts......................................................................... 29 SECTION 9.8. Applicable Law......................................................................................... 29 SECTION9.9. Captions................................................................... ............ 30 ..................... SIGNATURES...................................................................................................................30 EXHIBIT A - PROJECT SPECIFICS................................................................................. A-1 EXHIBIT B - REQUISITION FORM................................................................................. B-1 EXHIBIT C - SCHEDULE OF SERVICE CHARGES ...................................................... C-1 EXHIBIT D - FORM OF RESOLUTION........................................................................... D-1 EXHIBIT E - LEGAL OPINION......................................................... ..........E-1 ...................... EXHIBIT F - SCHEDULE OF PAYMENTS......................................................................F-1 EXHIBIT G - ADDITIONAL COVENANTS AND AGREEMENTS ............................... G-1 iii ASSISTANCE AGREEMENT This Assistance Agreement made and entered into as of the date set forth on the cover page hereof (the "Assistance Agreement") by and between the KENTUCKY INFRASTRUCTURE AUTHORITY, a body corporate and politic, constituting a public corporation and governmental agency and instrumentality of the Commonwealth of Kentucky (the "Authority") and the Governmental Agency identified on the cover of this Assistance Agreement (the "Governmental Agency"): WITNESSETH WHEREAS, the General Assembly of the Commonwealth of Kentucky, being the duly and legally constituted legislature of Kentucky at its 1988 Regular Session, enacted House Bill 217 amending Chapter 224A of the Kentucky Revised Statutes (the "Act"), creating the "Kentucky Infrastructure Authority" to serve the public purposes identified in the Act; and WHEREAS, the Authority has established its Program as hereinafter defined, for the purpose of providing financial assistance to Governmental Agencies, as defined in the Act, in connection with the acquisition and construction of Projects, as defined in the Act, in order to preserve, protect, upgrade, conserve, develop, utilize and manage the resources of the Commonwealth of Kentucky (the "Commonwealth") for the protection and preservation of the health, safety, convenience, and welfare of the Commonwealth and its citizens, and in that respect to assist and cooperate with Governmental Agencies in achieving such purposes; and WHEREAS, the Program is funded in part, pursuant to the Capitalization Grant Operating Agreement between the Authority and the U.S. Environmental Protection Agency dated as of March 1, 1990 (the "Federal Agreement") under which the Authority is responsible for providing certain "match funding' described in the Federal Agreement; and WHEREAS, the Authority has issued, and will issue from time to time, its revenue bonds pursuant to a General Trust Indenture dated as of September 1, 1989 (the "Indenture") between the Authority and National City Bank (F/K/A First Kentucky Trust Company) (the "Trustee") in order to provide the "match funding' for the Program; and WHEREAS, the Governmental Agency has determined that it is necessary and desirable to acquire, construct, and finance the Project, as hereinafter defined, and the Authority has determined that the Project is a Project within the meaning of the Act and the Indenture, thereby qualifying for financial assistance from the Authority; and WHEREAS, the Governmental Agency desires to enter into this Assistance Agreement with the Authority for the purpose of securing from the Authority the repayable Loan hereinafter identified; and WHEREAS, the Authority is willing to cooperate with the Governmental Agency in making available the Loan pursuant to the Act and the Indenture to be applied to the Project upon the conditions hereinafter enumerated and the covenants by the Governmental Agency herein contained to levy, collect, and enforce and remit adequate Service Charges, as hereinafter defined, for the services provided by the Governmental Agency's System, as hereinafter defined, and to apply the necessary portion of said Service Charges to the repayment of the Loan and the interest thereon, as hereinafter specifically provided; and WHEREAS, the Authority and the Governmental Agency have determined to enter into this Assistance Agreement pursuant to the terms of the Act and the Indenture and to set forth their respective duties, rights, covenants, and obligations with respect to the acquisition, construction, and financing of the Project and the repayment of the Loan and the interest thereon; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN SET FORTH, THE LOAN HEREBY EFFECTED AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED BY EACH PARTY, THE PARTIES HERETO MUTUALLY COVENANT AND AGREE, EACH WITH THE OTHER AS FOLLOWS: ARTICLE I DEFINITIONS All of the terms utilized in this Assistance Agreement will have the same definitions and meaning as ascribed to them in the Act and the Indenture, which Act and Indenture are hereby incorporated in this Assistance Agreement by reference, the same as if set forth hereby verbatim; provided, however, that those definitions utilized in the Act and the Indenture having general application are hereby modified in certain instances to apply specifically to the Governmental Agency and its Project. "Act" shall mean Chapter 224A of the Kentucky Revised Statutes, as amended. "Administrative Fee" means the charge of the Authority for the servicing of the Loan, which is the annual percentage charged against the unpaid principal balance of the Loan as identified in the Project Specifics. "Assistance Agreement" shall mean this agreement made and entered into by and between a Governmental Agency and the Authority, as authorized by the Act, providing for a Loan to the Governmental Agency by the Authority, and for the repayment thereof to the Authority by the Governmental Agency. "Authority" shall mean the Kentucky Infrastructure Authority created by the Act, a body corporate and politic, constituting a public corporation and a governmental agency and instrumentality of the Commonwealth of Kentucky, or such other designation as may be effected by future amendments to the Act. "Bond" or "Bonds" or "Revenue Bonds" shall mean any Kentucky Infrastructure Authority Bond or Bonds, or the issue of such Bonds, as the case may be, authenticated and delivered under the Indenture. "Business Day" shall mean any day other than a Saturday, Sunday or other legal holiday on which the general offices of the Commonwealth are closed. "Cabinet" means the Energy and Environment Cabinet of the Commonwealth. "Code" shall mean the Internal Revenue Code of 1986, as amended, and shall include the Regulations of the United States Department of the Treasury promulgated thereunder. "Commonwealth" shall mean the Commonwealth of Kentucky. "Construction" shall mean construction as defined in the Act. "Debt Obligations" shall mean those outstanding obligations of the Governmental Agency identified in the Project Specifics outstanding as of the date of this Assistance Agreement or issued in the future in accordance with the terms hereof, payable from the income and revenues of the System. "Engineers" means the firm of consulting engineers employed by the Governmental Agency in connection with the Project identified in the Project Specifics. "Federal Act" shall mean the Water Quality Act of 1987,33 U.S.C. § 1251 et. sea. "Governmental Agency" shall mean any agency or unit of government within the Commonwealth, now having or hereafter granted the authority and power to finance, acquire, construct, and operate a Project, including specifically but not by way of limitation, incorporated cities, counties, sanitation districts, water districts, public authorities, sewer construction districts, metropolitan sewer districts, sanitation taxing districts, and any other agencies, commissions, districts, or authorities (either acting alone, or in combination with one another pursuant to any regional or area compact, or multi -municipal agreement), now or hereafter established pursuant to the laws of the Commonwealth having and possessing such described powers; and for the purposes of this Assistance Agreement shall mean the Governmental Agency identified in the Project Specifics. "Indenture" shall mean the General Trust Indenture dated as of March 1, 1989 between the Authority and the Trustee. "Interagency Agreement" means the Interagency Agreement dated as of March 1, 1990 between the Authority and the Cabinet. "Loan" shall mean the loan effected under this Assistance Agreement from the Authority to the Governmental Agency up to the principal amount set forth in the Project Specifics, for the purpose of defraying the costs incidental to the Construction of the Project. "Loan Rate" means the rate of interest identified in the Schedule of Payments. "Resolution" means the resolution of the Governmental Agency in the form of the resolution attached hereto as Exhibit D authorizing the execution of this Assistance Agreement. "Person" shall mean any individual, firm, partnership, association, corporation or Governmental Agency. "Program" shall mean the program authorized by KRS 224A.111 and the Indenture as the "federally assisted wastewater revolving fund" for financing Projects through Loans by the Authority to Governmental Agencies and shall not be deemed to mean or include any other programs of the Authority. "Project" shall mean, when used generally, a Treatment Works project, and when used in specific reference to the Governmental Agency, the Project described in the Project Specifics. rd "Project Specifics" means those specific details of the Project identified in Exhibit A hereto, all of which are incorporated by reference in this Assistance Agreement. "Requisition for Funds" means the form attached hereto as Exhibit B to be utilized by the Governmental Agency in obtaining disbursements of the Loan from the Authority as construction of the Project progresses. "Schedule of Payments" means the principal and interest requirements of the Loan as set forth in Exhibit F hereto, to be established and agreed to upon or prior to the completion of the Project. "Schedule of Service Charges" shall mean those general charges to be imposed by the Governmental Agency for services provided by the System, as set forth in Exhibit C hereto, and such other revenues identified in Exhibit C from which the Loan is to be repaid, which Schedule of Service Charges shall be in full force and effect to the satisfaction of the Authority prior to the disbursement of any portion of the Loan hereunder. "Service Charges" shall mean any monthly, quarterly, semi-annual, or annual charges, surcharges or improvement benefit assessments to be imposed by a Governmental Agency, or by the Authority, in respect of the Project which Service Charges arises by reason of the existence of, and requirement of, any Assistance Agreement and for the purposes of this Assistance Agreement said Service Charge shall be no less than those set forth in the Schedule of Service Charges. "System" shall mean the Treatment Works system owned and operated by the Governmental Agency of which the Project shall become a part and from the earnings of which (represented by the Service Charges) the Governmental Agency shall repay the Authority the Loan hereunder. "Treatment Works" shall mean Treatment works as defined in the Act. I ARTICLE H REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of Authority. The Authority represents and warrants for the benefit of the Governmental Agency as follows: (A) The Authority is a body corporate and politic constituting a governmental agency and instrumentality of the Commonwealth, has all necessary power and Authority to enter into, and perform its obligations under, this Assistance Agreement, and has duly authorized the execution and delivery of this Assistance Agreement. (B) Neither the execution and delivery hereof, nor the fulfillment of or compliance with the terms and conditions hereof, nor the consummation of the transactions contemplated hereby, conflicts with or results in a breach of the terms, conditions and provisions of any restriction or any agreement or instrument to which the Authority is now a party or by which the Authority is bound, or constitutes a default under any of the foregoing. (C) To the knowledge of the Authority, there is no litigation or proceeding pending or threatened against the Authority or any other person affecting the right of the Authority to execute or deliver this Assistance Agreement or to comply with its obligations under this Assistance Agreement. Neither the execution and delivery of this Assistance Agreement by the Authority, nor compliance by the Authority with its obligations under this Assistance Agreement, require the approval of any regulatory body, or any other entity, which approval has not been obtained. (D) The authorization, execution and delivery of this Assistance Agreement and all actions of the Authority with respect thereto, are in compliance with the Act and the Federal Act and any regulations issued thereunder. Section 2.2. Representations and Warranties of the Governmental Agency. The Governmental Agency hereby represents and warrants for the benefit of the Authority as follows: (A) The Governmental Agency is a duly organized and validly existing Governmental Agency, as described in the Act, with full power to own its properties, conduct its affairs, enter into this Assistance Agreement and consummate the transactions contemplated hereby. (B) The negotiation, execution and delivery of this Assistance Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all requisite action of the governing body of the Governmental Agency. (C) This Assistance Agreement has been duly executed and delivered by the Governmental Agency and is a valid and binding obligation of the Governmental Agency enforceable in accordance with its terms, except to the extent that the enforceability hereof may be limited by equitable principles and by bankruptcy, reorganization, moratorium, insolvency or 0 I similar laws heretofore or hereafter enacted relating to or affecting the enforcement of creditors, rights or remedies generally. (D) To the knowledge of the Governmental Agency, there is no controversy or litigation of any nature pending or threatened, in any court or before any board, tribunal or administrative body, to challenge in any manner the authority of the Governmental Agency or its governing body to make payments under this Assistance Agreement or to construct the Project, or to challenge in any manner the authority of the Governmental Agency or its governing body to take any of the actions which have been taken in the authorization or delivery of this Assistance Agreement or the construction of the Project, or in any way contesting or affecting the validity of this Assistance Agreement, or in any way questioning any proceedings taken with respect to the authorization or delivery by the Governmental Agency of this Assistance Agreement, or the application of the proceeds thereof or the pledge or application of any monies or security provided therefor, or in any way questioning the due existence or powers of the Governmental Agency, or otherwise wherein an unfavorable decision would have an adverse impact on the transactions authorized in connection with this Assistance Agreement. (E) The authorization and delivery of this Assistance Agreement and the consummation of the transactions contemplated hereby will not constitute an event of default or violation or breach, nor an event which, with the giving of notice or the passage of time or both, would constitute an event of default or violation or breach, under any contract, agreement, instrument, indenture, lease, judicial or administrative order, decree, rule or regulation or other document or law affecting the Governmental Agency or its governing body. (F) Attached hereto as Exhibit D is a true, accurate and complete copy of the resolution or ordinance of the governing body of the Governmental Agency approving and authorizing the execution and delivery of this Assistance Agreement. Such resolution or ordinance was duly enacted or adopted at a meeting of the governing body of the Governmental Agency at which a quorum was present and acting throughout; such resolution or ordinance is in full force and effect and has not been superseded, altered, amended or repealed as of the date hereof; and such meeting was duly called and held in accordance with law. (G) All actions taken by the Governmental Agency in connection with this Assistance Agreement and the Loan described herein and the Project have been in full compliance with the provisions of the Kentucky Open Meeting Law, KRS 61.805 to 61.850. (H) The Governmental Agency has all licenses, permits and other governmental approvals (including but not limited to all required approvals of the Kentucky Public Service Commission) required to own, occupy, operate and maintain the Project, to charge and collect the Service Charges and to enter into this Assistance Agreement, is not in violation of and has not received any notice of an alleged violation of any zoning or land use laws applicable to the Project, and has full right, power and authority to perform the acts and things as provided for in this Assistance Agreement. (I) Legal counsel to the Governmental Agency has duly executed and delivered the opinion of legal counsel substantially in the form set forth in Exhibit E hereto. h (J) The Governmental Agency is in full compliance with all federal and state labor and procurement laws in connection with the planning, design, acquisition and construction of the Project. ARTICLE HI AUTHORITY'S AGREEMENT TO MAKE LOAN; TERMS Section 3.1. Determination of Elijzibility. Pursuant to the terms of the Act and the Indenture, the Authority has determined that the Governmental Agency's Project is a Treatment Works Project under the Act and the Governmental Agency is entitled to financial assistance from the Authority in connection with financing the Construction of the Project. Section 3.2. Principal Amount of Loan Established; Loan Payments; Disbursement of Funds. The principal amount of the Loan shall be the Loan Amount as identified in the Project Specifics, subject to such adjustments as may be set forth in the Schedule of Payments. Principal payments shall be made semiannually in the amounts and on the dates to be established by the Schedule of Payments, which Schedule of Payments shall provide for approximately level debt service payments over the Repayment Term set forth in the Project Specifics, commencing with the Amortization Commencement Date set forth in the Project Specifics. The Loan shall bear interest, payable semiannually, at the Loan Rate identified in the Project Specifics, and after the Amortization Commencement Date, in the amounts (based on such Loan Rate) and on the dates set forth in the Schedule of Payments; provided that, should an Event of Default occur, such payments of interest shall be made on the first day of each month during the continuation of such Event of Default. The Authority shall advance the proceeds of the Loan as Construction of the Project progresses upon the submission by the Governmental Agency of a Requisition for Funds in substantially the same form as Exhibit B hereto. Each disbursement under a Requisition for Funds representing a portion of the principal amount of the Loan shall bear interest at the Loan Rate from the date of the disbursement; subject to the requirements set forth in Article IV hereof. Payments of principal and interest on the Loan shall be made at the principal office of the Authority or the Trustee, as designated by the Authority. Section 3.3. Governmental Agency's Right to Prepay Loan. The Governmental Agency shall have the right to prepay and retire the entire amount of the Loan at any time without penalty upon written notice to the Authority no less than five (5) Business Days in advance of said prepayment. Notwithstanding the foregoing, upon the determination by the Authority that it intends to issue revenue bonds secured by a pledge of the payments on the Loan, the Authority shall advise the Governmental Agency (i) of its intention to proceed with the authorization of such bonds (ii) of the limitation on prepayments after such bonds are issued and (iii) that the Governmental Agency has thirty (30) days from its receipt of said notice to exercise its option to prepay the Loan. Upon the expiration of said thirty day period the Governmental Agency's right to prepay the Loan shall be limited to the terns described in such notice. 0 Section 3.4. Subordination of Loan. The Authority hereby agrees that, subject to compliance by the Governmental Agency with the covenants and conditions set forth in Exhibit G hereto, the source of payment for the Loan shall be inferior and subordinate to the security interest and source of payment for the Debt Obligations of the Governmental Agency payable from the revenues of the System outstanding at the time this Assistance Agreement is executed as identified in the Project Specifics and all such Debt Obligations that may hereafter be issued on a parity with the Debt Obligations identified in the Project Specifics; provided, however, the Authority shall receive notice of any additional financings in accordance with Section 5.6 (D) hereof. IN ARTICLE IV CONDITIONS PRECEDENT TO DISBURSEMENT; REQUISITION FOR FUNDS Section 4.1. Covenants of Governmental Agency and Conditions of Loan. By the execution of this Assistance Agreement, the Governmental Agency agrees that prior to any requests for the disbursement of all or a portion of the Loan made hereunder, the Governmental Agency shall supply the Authority and the Cabinet appropriate documentation, satisfactory to the Authority indicating the following: (A) That the Authority and the Cabinet and any appropriate regulatory agency of the Commonwealth as may be designated by the Authority or the Cabinet, and their respective duly authorized agents, shall have the right at all reasonable times, subject to prior notice to the Governmental Agency, to enter upon the Project and to examine and inspect same. (B) All real estate and interest in real estate and all personal property constituting the Project and the Project sites heretofore or hereafter acquired shall at all times be and remain the property of the Governmental Agency and constitute a part of the System. (C) In the event the Governmental Agency is required to provide financing for the Project from sources other than the Authority (as described in the Project Specifics) the Authority shall have the right to receive such reasonable proofs as it may require of the ability of the Governmental Agency to finance the costs of Construction of the Project over and above the Loan, prior to the disbursement by the Authority of any portion of the Loan. (D) The Governmental Agency shall do all things necessary to acquire all proposed and necessary sites, easements and rights of way necessary or required in respect of the Project and demonstrate its ability to construct the Project in accordance with the plans, design and specifications prepared for the Governmental Agency by the Engineers. (E) Actual construction and installation incident to the Project shall be performed by either the lump -sum (fixed price) or unit price contract method, and adequate legal methods of obtaining public, competitive bidding will be employed prior to the awarding of the construction contract for the Project in accordance with Kentucky law. (F) Unless construction of the Project has already been initiated as of the date of this Assistance Agreement, pursuant to due compliance with state law and applicable regulations, the Project will not be advertised or placed on the market for construction bidding by the Governmental Agency until the final plans, designs and specifications therefor have been approved by such state and federal agencies and authorities as may be legally required, and until written notification of such approvals has been received by the Governmental Agency and famished to the Cabinet. (G) Duly authorized representatives of the Cabinet and such other agencies of the Commonwealth as may be charged with responsibility will have reasonable access to the 11 construction work whenever it is in preparation or progress, and the Governmental Agency will assure that the contractor or contractors will provide facilities for such access and inspection. (H) The construction contract or contracts shall require the contractor to comply with all provisions of federal and state law legally applicable to such work, and any amendments or modifications thereto, together with all other applicable provisions of law, to cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and to be responsible for the submission of any statements required of subcontractors thereunder. (I) A work progress schedule utilizing a method of standard acceptance in the engineering community shall be prepared prior to the institution of construction in connection with each construction contract, or, if construction has already been initiated as of the date of this Assistance Agreement, at the earliest practicable date, to indicate the proposed schedule as to completion of the Project, and same shall be maintained monthly thereafter to indicate the actual construction progress of the Project. (J) Prior to the award of the construction contract and prior to the commencement of construction, the Governmental Agency will arrange and conduct a conference as to the Project said conference to include representatives of the Authority, the Governmental Agency, the Cabinet and any other participating federal or state agency, the Engineers, and all construction contractors, such conference to be held in accordance with guidelines established by the Authority and the Cabinet. A written brief of said conference summarizing the construction schedule, fund requirements schedule, payment authorizations, responsible parties for approval of all facets of the construction work and payment therefor, and other pertinent matters shall be prepared and distributed to each agency involved, and all construction contractors and Engineers. Provided, however, that in the event construction shall have been initiated as of the date of this Assistance Agreement, this provision may be waived. (K) All construction contracts will be so prepared that federal participation costs, if any, and state participation costs may be readily segregated from local participation costs, if any, and from each other, and m such manner that all materials and equipment furnished to the Governmental Agency may be readily itemized. (L) Any change or changes in a construction contract will be promptly submitted to the Cabinet and any state or federal agencies. (M) The Construction, including the letting of contracts in connection therewith, will conform in all respects to applicable requirements of federal, state and local laws, ordinances, rules and regulations. (N) The Governmental Agency will proceed expeditiously with and complete the Project in accordance with the approved surveys, plans specifications and designs or amendments thereto, prepared by the Engineers for the Governmental Agency and approved by state and federal agencies. 12 I (0) If requested, the Governmental Agency will erect at the Project sites, signs satisfactory to the Authority and the United States Environmental Protection Agency noting the participation of the Authority and the U.S. Government, respectively, in the financing of the Project. (P) Except as otherwise provided in this Assistance Agreement, the Governmental Agency shall have the sole and exclusive charge of all details of the Construction. (Q) The Governmental Agency shall keep complete and accurate records of the costs of acquiring the Project sites and the costs of Construction. The Governmental Agency shall permit the Authority and the Cabinet, acting by and through their duly authorized representatives, and the duly authorized representatives of state and/or federal agencies to inspect all books, documents, papers and records relating to the Project at any and all reasonable times for the purpose of audit and examination, and the Governmental Agency shall submit to the Authority and the Cabinet such documents and information as such public bodies may reasonably require in connection with the administration of any federal or state assistance. (R) The Governmental Agency shall require that each construction contractor or contractors furnish a performance and a payment bond in an amount at least equal to one hundred percent (100%) of the contract price or the portion of the Project covered by the particular contract as security for the faithful performance of such contract. (S) The Governmental Agency shall require that each of its contractors and all subcontractors maintain during the life of the construction contract, worker's compensation insurance, public liability insurance, property damage insurance and vehicle liability insurance in amounts and on terms satisfactory to the Authority. Until the Project facilities are completed and accepted by the Governmental Agency, the contractor shall maintain builders risk insurance (fire and extended coverage) on a one hundred percent (100%) basis (completed value form) on the insurable portion of the Project, such insurance to be made payable to the order of the Authority, the Governmental Agency, the prime contractor, and all subcontractors, as their interests may appear. (T) The Governmental Agency shall provide and maintain competent and adequate resident engineering services covering the supervision and inspection of the development and construction of the Project, and bearing the responsibility of assuring that Construction conforms to the approved plans, specifications and designs prepared by the Engineers. Such resident engineer shall certify to the Cabinet, any involved state or federal agencies, and the Governmental Agency at the completion of construction that construction is in accordance with the approved plans, specifications and designs, or, approved amendments thereto. (U) The Governmental Agency shall demonstrate to the satisfaction of the Authority the legal capability of the Governmental Agency to enact, adopt, levy, charge, collect, enforce and remit to the Authority and the Cabinet the Service Charges of the Governmental Agency described in the Schedule of Service Charges attached to and made a part of this Assistance Agreement as Exhibit C and submit proof satisfactory to the Authority that the Service Charges are in full force and effect as of the submission of the initial Requisition for Funds. 13 (V) The Governmental Agency shall require all laborers and mechanics employed by contractors and subcontractors on the Project shall be paid wages at rates not less than prevailing on projects of a character similar in the locality as determined by the City Clerk of Labor in accordance with subchapter IV of Chapter 31 of title 40, United States Code. (W) The Governmental Agency shall comply with all federal requirements applicable to the Loan (including those imposed by P.L. 113-76, Consolidated Appropriations Act, 2015 (the "2015 Appropriations Act") and related Program policy guidelines) which the Governmental Agency understands includes, among other requirements, that all of the iron and steel products used in the Project are to be produced in the United States ("American Iron and Steel Requirement") unless (i) the Governmental Agency has requested and obtained a waiver from the United States Environmental Protection Agency pertaining to the Project or (ii) the Authority has otherwise advised the Participant in writing that the American Iron and Steel Requirement is not applicable to the Project. (X) The Governmental Agency shall comply with all record keeping and reporting requirements under the Federal Act, including any reports required by a Federal agency or the Authority such as performance indicators of program deliverables, information on costs and project progress. The Governmental Agency understands that (i) each contract and subcontract related to the Project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the Federal Act and this Agreement may be a default hereunder that results in a repayment of the Loan in advance of the maturity of the Bonds and/or other remedial actions. Section 4.2. Additional Conditions to Disbursement Required Under the Federal Agreement. The Governmental Agency, in order to comply with the terms and conditions of the Federal Agreement, further covenants and finther agrees to additional conditions to disbursement, as follows: (A) That the Project shall be completed no later than the date set forth in the Project Specifics. (B) Notwithstanding any other agreements contained herein regarding the maintenance of books and records, that it shall maintain Project accounts in accordance with generally accepted Governmental accounting standards, as required by Section 603(d) of the Federal Act. The Governmental Agency shall retain such records for no less than three (3) years following the final payment by the Governmental Agency under this Assistance Agreement or if any portion of the Project is disposed of, until at least three (3) years after such disposition, provided that if any litigation, claim, appeal or audit is commenced prior to the end of such period such records shall be maintained until the completion of such action or until three (3) years after such commencement, whichever is later. (C) That it has not and will not apply any other federal funding to the Project in a manner that would cause it to receive "double benefits" as described in Section 603 of the Water Quality Act of 1987. 14 (D) That all property required for the completion of the Project shall be obtained, by easement, purchase or other means acceptable to the Authority, prior to commencement of construction and that the relocation of any Person resulting therefrom be in accordance with 49 CFR24 for Uniform Relocation Assistance and Real Property Acquisition Act of 1970. (E) That all Project contractors shall be required to retain Project records for the periods established for the retention of the Governmental Agency's records in Section 4.2(B). (F) That no more than fifty percent (50%) of the proceeds of the Loan shall be disbursed until approval by the Cabinet of the final plan for operation for the Project. (G) That no more than ninety percent (90%) of the proceeds of the Loan shall be disbursed until approval by the Cabinet of the draft operations and maintenance manual. (H) That final disbursement will not be allowed until approval by the Cabinet of a final operations and maintenance manual. (1) That, as required by 40 CFR 35.2218, all engineering services regarding construction and regarding the first year of operation of the Project shall be provided for, including the following: (1) The operation of the Project and the revision of the operations and maintenance manual as necessary to accommodate actual operating experience; (2) The training of operating personnel, including preparation of curricula and training material for operating personnel; and (3) Advice as to whether the Project is meeting the Project performance standards (including three quarterly reports and one project performance report). (J) That it shall advise the Cabinet and the Authority in writing of the date for initiation of operation of the Project. (K) That one year after operation is initiated, it shall certify to the Cabinet and the Authority that the Project is capable of meeting the Project performance standards. (L) That it shall provide that qualified inspectors are present at the construction site. A summary of such inspector's qualifications and experience shall be submitted to the Cabinet and the Authority. Project. (M) That it shall notify the Authority and the Cabinet of the completion date of the (N) That it agrees to the terms and conditions of its application for assistance and the Authority's commitment to provide assistance, the terms of which are incorporated herein by reference. 15 (0) That all measures required to minimize water pollution to affected waters shall be employed in the construction of the Project including compliance with Section 404 of PL 92-500, as amended, it being understood that approval of the Project does not constitute sanction or approval of any changes or deviations from established water quality standards, criteria implementation dates, or dates established by enforcement proceedings. (P) That it shall enact a sewer use ordinance complying with the requirements set forth in the Federal Agreement and the Interagency Agreement. Section 4.3. Disbursements of Loan; Requisition for Funds. The Governmental Agency shall submit to the Authority (or the Trustee acting on behalf of the Authority, if so designated) and the Cabinet a Requisition for Funds prior to the fifth day of each month (or such other designated period as is acceptable to the Authority), in substantially the same form as that attached to this Assistance Agreement as Exhibit B and made a part hereof, accompanied by, to the extent requested by the Authority, the following documentation: (A) A full and complete accounting of the costs of the Project to be obligated by contract or otherwise during the month in question, or already obligated and not included in any previous accounting; (B) A full and complete accounting of any costs of the Project paid by the Governmental Agency from its own funds with the approval of the Authority and not included in any previous accounting for which it seeks reimbursement; (C) A full and complete accounting of any costs of the Project paid or requisitioned under any other financing, loan, bond; grant or similar agreement or paid from its own funds for which it does not seek reimbursement and which have not been identified in any previous requisition form. (D) The contractor's estimate of work performed during the preceding month pursuant to construction contracts for the Project and payment thereunder due, together with the Engineer's and Governmental Agency's approval thereof for disbursement by the Authority. Upon the Authority's receipt of the Requisition for Funds, and such additional documentation as it ;may require, and subject to certification by the Cabinet, the Authority may direct the Trustee to remit the amount requested to the Governmental Agency as a draw upon the Loan. 16 ARTICLE V CERTAIN COVENANTS OF THE GOVERNMENTAL AGENCY; PAYMENTS TO BE MADE BY GOVERNMENTAL AGENCY TO THE AUTHORITY Section 5.1. Imposition of Service Charges. The Governmental Agency hereby irrevocably covenants and agrees to comply with all of the terms, conditions and requirements of this Assistance Agreement, pursuant to which the Loan is to be made by the Authority to the Governmental Agency as specified herein and in the Act and the Indenture. The Governmental Agency hereby further irrevocably covenants and agrees that it already has, or will, to the extent necessary, immediately impose Service Charges upon all persons, firms and entities to whom or which services are provided by the System, such Service Charges to be no less than as set forth in Exhibit C annexed hereto. If so required, such Service Charges shall be in addition to all other rates, rentals and service charges of a similar nature of the Governmental Agency now or hereafter authorized by law, and now or hereafter being levied and collected by the Governmental Agency and shall be levied and collected solely for the purpose of repaying to the Authority all sums received from the Authority as representing the Loan in respect of the Project. Section 5.2. Governmental Agency's Obligation to Repay Loan. The obligation of the Governmental Agency to repay to the Authority the amount of the Loan from the Service Charges shall not be revocable, and in the event that services supplied by the Project shall cease, or be suspended for any reason, the Governmental Agency shall continue to be obligated to repay the Loan from the Services Charges. In the event the Governmental Agency defaults in the payment of any Service Charges to the Authority, the amount of such default shall bear interest at the per annum rate equal to the Default Rate set forth in the Project Specifics, from the date of the default until the date of the payment thereof. Section 5.3. Covenant to Adjust Service Charges. In the event, for any reason, the Schedule of Service Charges shall prove to be insufficient to (i) provide for the required coverage of all debt service payments on obligations payable from the revenues of the System as set forth in Section 5.4 hereof, (ii) provide for the operation of the System as required under this Assistance Agreement and (iii) make the required deposits to the Maintenance and Replacement Reserve, the Governmental Agency hereby covenants and agrees that it will, upon notice by the Authority, to the full extent authorized by law, both federal and state, immediately adjust and increase such Schedule of Service Charges, or immediately commence proceedings for a rate adjustment and increase with all applicable regulatory authorities, so as to provide funds sufficient to pay to the Authority the minimum sums set forth in the Schedule of Payments, to provide for the operation of the System as required under this Assistance Agreement and to make required deposits to the Maintenance and Replacement Reserve. Section 5.4. Adequacy of Service Charges. The Service Charges herein covenanted to be imposed by the Governmental Agency shall be fixed at such rate or rates (and it is represented that the Schedule set forth in Exhibit C hereto so qualifies), as shall be at least adequate to provide revenues equal to the sum of (i) 110% of the debt service coming due during each fiscal year on this Loan and all other obligations secured and payable from the revenues of the System, in each case computed as of the beginning of such fiscal year (except to the extent the 17 Governmental Agency has by binding ordinance or resolution committed reserves to the payment of such debt service), (ii) the amounts required to provide for the operation of the System during each fiscal year as required under this Assistance Agreement, and (iii) the amounts to be deposited hereunder to the Maintenance and Replacement Reserve in each fiscal year, subject to necessary governmental and regulatory approvals. The Service Charges imposed by the Governmental Agency shall be paid by the users of the System and accordingly the Project not less frequently than the Service Charge Payment period set forth in the Project Specifics, and shall be remitted to the Authority by the Governmental Agency with a report showing collections and any delinquencies. A report of all collections and delinquencies shall be made at least semi-annually on or before each Payment Date identified in the Schedule of Payments. Section 5.5. Covenant to Establish Maintenance and Replacement Reserve. The Governmental Agency shall establish a special account identified as a "Maintenance and Replacement Reserve". The Governmental Agency shall deposit into the Maintenance and Replacement Reserve an amount equal to the amount set forth in the Project Specifics at the times set forth in the Project Specifics. Amounts in the Maintenance and Replacement Reserve may be used for extraordinary maintenance expenses related to the Project or for the unbudgeted costs of replacing worn or obsolete portions of the Project. Section 5.6. Covenant to Charge Sufficient Rates; Reports; Ins en ction. The Governmental Agency hereby irrevocably covenants and agrees with the Authority: (A) That, as aforesaid, it will at all times impose, prescribed, charge and collect the Service Charges set forth in Exhibit C hereto for the services of the Project as shall result in revenues to the Governmental Agency at least equal to the sum necessary to (i) provide for the required coverage of all debt service payments on obligations payable from the revenues of the System as set forth in Section 5.4 hereof, (ii) provide for the operation of the System as required under this Assistance Agreement and (iii) make the required deposits to the Maintenance and Replacement Reserve. (B) That it will famish to the Authority and the Cabinet not less than annually reports of the operations and income and revenues of the Project, and will permit authorized agents of the Authority to inspect all records, accounts and data of the Project at all reasonable times. (C) That it will collect, account for and promptly remit to the Authority those specific revenues, funds, income and proceeds derived from Service Charges incident to this Assistance Agreement. (D) That it will notify the Authority in writing of its intention to issue bonds or notes payable from the revenues of the System not less than thirty (30) days prior to the sale of said obligations. Section 5.7. Segregation of Funds The Governmental Agency shall at all times account for the income and revenues of the System and distinguish same from all other revenues, moneys and funds of the Governmental Agency, if any. Section 5.8. Mandatory Sewer Connection. The Governmental Agency hereby irrevocably covenants and agrees with the Authority that it will, to the maximum extent permitted by Kentucky law, and by means of ordinance, or other appropriate legislative order or action, mandatorily require the connection to and use of, the sanitary sewers constituting the Project by all persons owning, renting or occupying premises generating pollutants where such sanitary sewers are reasonably available to such premises, and to exhaust, at the expense of the Governmental Agency, all remedies for the collection of Service Charges, including, either directly or indirectly, pursuant to authority granted by Sections 96.930 to 96.943, inclusive, of the Kentucky Revised Statutes, and the Act, causing termination of water services to any premises where the bill for sewer services is delinquent and foreclosure and decretal sale in respect of improvement benefit assessments which are delinquent. 19 ARTICLE VI OTHER COVENANTS OF THE GOVERNMENTAL AGENCY Section 6.1.. Further Assurance. At any time and all times the Governmental Agency shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge and deliver, all and every such further resolutions, acts, deeds, conveyances, assignments, transfers and assurances, as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming all and singular the rights, assets and revenues herein pledged or assigned, or intended so to be, or which the Governmental Agency may hereafter become bound to pledge or assign. Section 6.2. Completion of Proiect. The Governmental Agency hereby covenants and agrees to proceed expeditiously with and promptly complete the Project in accordance with the plans, designs and specifications prepared by the Engineers for the Governmental Agency. Section 6.3. Establishment of Completion Date. The completion date for the Project shall be evidenced to the Authority by a certificate signed by the Engineer and an authorized representative of the Governmental Agency stating that, except for amounts retained by the Authority for costs of the Project not then due and payable, (i) the Construction has been completed and all labor, services, materials, supplies, machinery and equipment used in such Construction have been paid for, (ii) all other facilities necessary in connection with the Project have been acquired, constructed, equipped and installed and all costs and expenses incurred in connection therewith have been paid, (iii) the Project and all other facilities in connection therewith have been acquired, constructed, equipped and installed to his satisfaction. Section 6.4. Commitment to Operate. The Governmental Agency hereby covenants and agrees to commence operation of the Project immediately on completion of construction and not to discontinue operations or dispose of such Project without the approval of the Authority. Section 6.5. Continue to QVerate. The Governmental Agency hereby covenants and agrees to continuously operate and maintain the Project in accordance with applicable provisions of federal and state law and to maintain adequate records relating to said operation; said records to be made available to the Authority upon its request at all reasonable times. Section 6.6. Tax Covenant. In the event the Authority issues Bonds which are intended to be excludable from gross income for federal income tax purposes to provide the funds for the Loan, the Governmental Agency shall at all times do and perform all acts and things permitted by law and necessary or desirable in order to assure such exclusion and shall take such actions as may be directed by the Authority in order to accomplish the foregoing. The Governmental Agency shall not permit (i) the proceeds of the Loan to be used directly or indirectly in any trade or business, (ii) its payments hereunder to be secured directly or indirectly by property to be used in a trade or business, (iii) any management agreement for the operation of the System or (iv) any federal guarantee of its obligations hereunder without the prior written consent of the Authority. The Governmental Agency will not acquire or pledge any obligations which would cause the Bonds to be "arbitrage bonds" within the meaning of the Code. 20 Section 6.7. Accounts and Reports. The Governmental Agency shall at all times keep, or cause to be kept, proper books of record and account in accordance with the "Uniform System of Accounts" established by the Commonwealth, in which complete and accurate entries shall be made of all its transactions relating to the System and which shall at all reasonable times be subject to the inspection of the Authority. Section 6.8. Audit Requirements. Within one hundred eighty (180) days after the end of each fiscal year of the Governmental Agency, the Governmental Agency shall provide to the Authority, itemized financial statements of income and expense and a balance sheet in reasonable detail, including disclosure of the Maintenance and Replacement Reserve, certified as accurate by a firm of independent certified public accountants or the Auditor of Public Accounts of the Commonwealth. All financial information must be satisfactory to the Authority as to form and content and be prepared in accordance with generally accepted accounting principles on a basis consistent with prior practice unless specifically noted thereon. With such financial statements, the Governmental Agency shall furnish to the Authority a certificate stating that, to the best knowledge of the authorized representative signing such certificate, no default under this Assistance Agreement exists on the date of such certificate, or if any such default shall then exist, describing such default with specificity. All recipients and subrecipients expending $750,000 or more in a year in Federal awards must have a single or program-specific audit conducted for that year in accordance with OMB Circular A-133. Section 6.9. General Compliance With All Duties The Governmental Agency shall faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the Commonwealth, and by the terms and provisions of this Assistance Agreement and any other Debt Obligations. Section 6.10. System Not to Be Disposed Of The Governmental Agency covenants and agrees that, until satisfaction in full of its obligations hereunder, it will not, without the prior written consent of the Authority, which consent shall not be unreasonably withheld, sell, mortgage, or in any manner dispose of, or surrender control or otherwise dispose of any of the facilities of the System or any part thereof (except that the Governmental Agency may retire obsolete and worn out facilities, and sell same, if appropriate). Section 6.11. General. The Governmental Agency shall do and perform or cause to be done and performed all acts and things required to be done or performed by or on behalf of the Governmental Agency under the provisions of the Act, the Federal Act and this Assistance Agreement in accordance with the terms of such provisions including the Additional Covenants and Agreements, if any, set forth in Exhibit G hereto. Section 6.12. Further Covenants under the Federal Agreement. The Governmental Agency shall comply with all further requirements or conditions which may arise from time to time in order to assure compliance with the Federal Act, and with the agreements of the Authority set forth in the Federal Agreement, including but not limited to the following: 21 VI The Governmental Agency shall provide all information requested of it by the Authority or the Cabinet so that (i) the Grants Information Control System, referred to in the Federal Agreement, can be maintained, (ii) the accounting and auditing procedures required by Sections 603 and 606 of the Federal Act can be maintained and (iii) the Authority can furnish the information required of its under the Federal Agreement. (B) Qualified operating personnel, properly certified by the Cabinet, shall be retained by the Governmental Agency to operate the Project during the entire term of this Assistance Agreement. An approved plan of operating and an operations and maintenance manual for the Project shall be provided by the Governmental Agency to the Cabinet and the Authority. The Project shall be operated and maintained in an efficient and effective manner. (C) All residents in the service area of the Project must be offered the same opportunity to become users of the Project regardless of race, creed, color, or level of income. (D) The Governmental Agency shall comply with provisions contained in the following federal regulations, orders, acts and circulars and the following statutes and regulations of the Commonwealth. (1) Federal: (a) 49 CFR, Part 24, Implementing the Uniform Relocation Assistance and Real properties Acquisition Policies Act of 1970 (b) 40 CFR 35.3140 (And Appendix A to Subpart K) — NEPA-Like State Environmental Review Process (c) 40 CFR, Part 15, Administration of Clean Water Act with respect to grants and loans (d) 40 CFR, Part 7, 8, and 12, Nondiscrimination and Equal Employment Opportunity Act (e) 40 CFR, Part 29, Intergovernmental Review (f) 40 CFR, Part 32, Debarment and Suspension (g) Executive Order 11246, as amended, 11625 and 12138 (h) Title VI of the Civil Rights Act of 1964, as amended (i) Age Discrimination Act 0) Rehabilitation Act of 1973 (k) Contract work Hours and Safety Standards Act (2) State: (a) KRS 224 (b) KRS 224A.111 Federally Assisted Wastewater Revolving Fund (c) KRS Chapter 337, Labor Laws (d) 401 KAR Chapter 5 Section 6.13. Continuing Disclosure Obligation. The Governmental Agency covenants and agrees that notwithstanding any other provision of this Assistance Agreement to the 22 contrary, upon written notice from the Authority that the Schedule of Payments provides ten percent (10%) or more of the debt service requirements on an issue of the Authority's Bonds and that compliance by the Governmental Agency with the requirements of Securities and Exchange Commission Rule 15c2-12, as amended (the "SEC Rule") is required in connection with the Authority's Bonds, the Governmental Agency shall provide to the Authority such information as may be required by the Rule, within the time periods set out in such notice by the Authority, to enable the Authority to establish to the satisfaction of prospective purchasers of the Authority's Bonds that the requirements of the SEC Rule will be satisfied in connection with the issuance of the Authority's Bonds. The Governmental Agency further understands and agrees that the Authority shall act as the Governmental Agency's disclosure agent for purposes of compliance with the SEC Rule and that upon a failure by the Governmental Agency to provide the information required to be provided under the SEC Rule within the time frame specified in such notice, the Authority and/or the beneficial owners and holders of the Authority's Bonds shall be specifically granted the right of enforcing the provisions of this Section 6.13 by an action in mandamus, for specific performance, or similar remedy to compel performance. 23 ARTICLE VII MAINTENANCE, OPERATION, INSURANCE AND CONDEMNATION Section 7.1. Maintain System. The Governmental Agency agrees that during the entire term of this Assistance Agreement, it will keep the Project, including all appurtenances thereto, and the equipment and machinery therein, in good and sound repair and good operating condition at its own cost so that the completed Project will continue to provide the services for which the System is designed. Section 7.2. Additions and Improvements. The Governmental Agency shall have the privilege of making additions, modifications and improvements to the sites of the Project, and to the Project itself from time to time provided that said additions, modifications and improvements do not impair the operation or objectives of the Project. The Cost of such additions, modifications and improvements shall be paid by the Governmental Agency, and the same shall be the property of the Governmental Agency and shall be included under the terms of this Assistance Agreement as part of the site of the Project, or the Project, as the case may be. Nothing herein contained shall be construed as precluding the Authority and the Governmental Agency from entering into one or more supplementary Assistance Agreements providing for an additional Loan or Loans in respect of additional Projects undertaken by the Governmental Agency. Section 7.3. Compliance with State and Federal Standards. The Governmental Agency agrees that it will at all times provide operation and maintenance of the Project to comply with the water quality standards, if any, established by any state or federal agency. The Governmental Agency agrees that qualified operating personnel properly certified by the Commonwealth will be retained to operate the Project during the entire term of this Assistance Agreement. Section 7.4. Access to Records. The Governmental Agency agrees that it will permit the Authority and any state or federal agency and their respective agents to have access to the records of the Governmental Agency pertaining to the operation and maintenance of the Project at any reasonable time following completion of construction of the Project, and commencement of operations thereof. Section 7.5. Covenant to Insure - Casualty. The Governmental Agency agrees to insure the Project facilities in such amount as like properties are similarly insured by political subdivisions similarly situated, against loss or damage of the kinds usually insured against by - political --subdivisions --similarly ..situated, by -means of policies --issued -by reputable insurance- __ companies duly qualified to do such business in the Commonwealth. Section 7.6. Authority as Named Insured. Any insurance policy issued pursuant to Section 7.5 hereof, shall be so written or endorsed as to make losses, if any, payable to the Governmental Agency, and to the Authority, as their interests may appear. Section 7.7. Covenant to Insure - Liability. The Governmental Agency agrees that it will carry public liability insurance with reference to the Project with one or more reputable insurance Flo companies duly qualified to do business in the Commonwealth, insuring against such risks (including but not limited to personal inquiry, death and property damage) and in such amounts as are set forth in the Project Specifics, and naming the Authority as an additional insured. Section 7.8. Covenant Regarding Worker's Compensation. Throughout the entire term of this Assistance Agreement, the Governmental Agency shall maintain worker's compensation coverage, or cause the same to be maintained. Section 7.9. Application of Casualty Insurance Proceeds. If, prior to the completion of the term of this Assistance Agreement, the Project shall be damaged or partially or totally destroyed by fire, windstorm or other casualty, there shall be no abatement or reduction in the amount payable by the Governmental Agency pursuant to the terms of this Assistance Agreement and the Governmental Agency will (1) promptly repair, rebuild or restore the Project damaged or destroyed; and (2) apply for such purpose so much as may be necessary of any net proceeds of insurance resulting from claims for such losses, as well as any additional moneys of the Governmental Agency necessary therefor. All net proceeds of insurance resulting from claims for such losses shall be paid to the Governmental Agency, and shall be promptly applied as herein provided. Section 7.10. Eminent Domain. In the event that title to, or the temporary use of, the Project, or any part thereof, shall be taken under the exercise of the power of eminent domain by any governmental body or by any Person acting under governmental authority, there shall be no abatement or reduction in the minimum amounts payable by the Governmental Agency to the Authority pursuant to the terms of this Assistance Agreement, and any and all net proceeds received from any award made in such eminent domain proceedings shall be paid to and held by the Governmental Agency in a separate condemnation award account and shall be applied by the Governmental Agency in either or both of the following ways, as shall be determined by the Governmental Agency in its sole discretion: (A) The restoration of the improvements located on the Project sites to substantially the same condition as prior to the exercise of said power of eminent domain; or (B) The acquisition of additional property, if necessary, and the acquisition of additional facilities by construction or otherwise, equivalent to the Project facilities, which property and facilities shall be deemed to be a part of the Project sites and a part of the Project facilities and to be substituted for Project facilities so taken by eminent domain, without the payment of any amount other than herein provided, to the same extent as if such property and facilities were specifically described herein.- Any erein Any balance of the net proceeds of the award in such eminent domain proceedings after the carrying out of the mandatory proceedings stipulated in (A) and (B) of this Section 7. 10, shall be paid to the Governmental Agency upon delivery to the Authority of a certificate signed by an authorized officer of the Governmental Agency to the effect that the Governmental Agency has complied with either subparagraph (A) or (B), or both, of this Section, and written approval of such certificate by an authorized officer of the Authority. In no event will the Governmental Agency voluntarily settle or consent to the settlement of any prospective or pending 25 condemnation proceedings with respect to the Project or any part thereof without the written consent of the Authority. Section 7.11. Flood Insurance. All structures located in flood prone areas shall be covered by flood insurance carried by the Governmental Agency for an amount equal to the total Project cost excluding the cost of land and any uninsurable improvements, or for the maximum limit available under the National Flood Insurance Act of 1968, as amended, whichever is less, for the entire useful life of the Project. 91 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Section 8.1. Events of Default Defined. The following will be 'Events of Default' under this Assistance Agreement and the term "Event of Default' or "Default' will mean, whenever it is used in this Assistance Agreement, any one or more of the following events: herein. (A) Failure by the Governmental Agency to pay any payments at the times specified (B) Failure by the Governmental Agency to observe or perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in subsection (A) of this Section, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied will have been given to the Governmental Agency by the Authority unless the Authority agrees in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, the Authority will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Governmental Agency within the applicable period and diligently pursued until such failure is corrected. (C) The dissolution or liquidation of the Governmental Agency, or the voluntary initiation by the Governmental Agency of any proceeding under any federal or state law relating to bankruptcy, insolvency, arrangement, reorganization, readjustment of debt or any other form of debtor relief, or the initiation against the Governmental Agency of any such proceeding which will remain undismissed for sixty (60) days, or the entry by the Governmental Agency into an agreement of composition with creditors or the failure generally by the Governmental Agency to pay its debts as they become due. (D) A default by the Governmental Agency under the provisions of any agreements relating to its Debt Obligations. Section 8.2. Remedies on Default. Whenever any Event of Default referred to in Section 8.1 has occurred and is continuing (other than an event of default arising under Section 6.13 of this Assistance Agreement), the Authority may, without any further demand or notice, take one or any combination of the following remedial steps: (A)___ Declare_all.payments due hereunder,. as set forth in.the Schedule of Payments to be immediately due and payable. (B) Exercise all the rights and remedies of the Authority set forth in the Act. (C) Take whatever action at law or in equity may appear necessary or desirable to enforce its rights under this Assistance Agreement. 27 (D) Submit a formal referral to the appropriate federal agency, as required by the Federal Agreement. The sole remedies for an Event of Default under this Assistance Agreement arising by virtue of the failure of the Governmental Agency to comply with the provisions of Section 6.13 hereof shall be those remedies specifically set forth in Section 6.13 hereof Section 8.3. Appointment of Receiver. Upon the occurrence of an Event of Default, and upon the filing of a suit or other commencement of judicial prodeedings to enforce the rights of the Authority under this Assistance Agreement, the Authority shall be entitled, as a matter of right, to the appointment of a receiver or receivers of the System and all receipts therefrom, pending such proceedings, with such power as the court making such appointment shall confer; provided, however, that the Authority may, with or without action under this Section, pursue any available remedy to enforce the payment obligations hereunder, or to remedy any Event of Default. Section 8.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority is intended to be exclusive, and every such remedy will be cumulative and will be in addition to every other remedy given hereunder and every remedy now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default will impair any such right or power and any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 8.5. Consent to Powers of Authority Under Act. The Governmental Agency hereby acknowledges to the Authority its understanding of the provisions of the Act, vesting in the Authority certain powers, rights and privileges in respect of the Project upon the occurrence of an Event of Default; and the Governmental Agency hereby covenants and agrees that if the Authority should in the future have recourse to said rights and powers, the Governmental Agency shall take no action of any nature whatsoever calculated to inhibit, nullify, void, delay or render nugatory such actions of the Authority in the due and prompt implementation of this Assistance Agreement. Section 8.6. Waivers. In the event that any agreement contained herein should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular breach so waived and will not be deemed to waive any other breach hereunder. Section 8.7. Agreement to Pay Attorneys' Fees and Ex en uses. In the event that either party hereto will default under_ any of the provisions-hereoff and the non -defaulting party.employs attorneys or incurs other expenses for the enforcement of performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will pay on demand therefor to the non -defaulting party the fees of such attorneys and such other expenses so incurred by the non -defaulting party. R] ARTICLE IX MISCELLANEOUS PROVISIONS Section 9.1. Approval not to be Unreasonably Withheld. Any approval of the Authority required by this Assistance Agreement shall not be unreasonably withheld and shall be deemed to have been given on the thirtieth (30th) day following the submission of any matter requiring approval to the Authority, unless disapproved in writing prior to such thirtieth (30th) day. Any provision of this Assistance Agreement requiring the approval of the Authority or the satisfaction or the evidence of satisfaction of the Authority shall be interpreted as requiring action by an authorized officer of the Authority granting, authorizing or expressing such approval or satisfaction, as the case may be, unless such provision expressly provides otherwise. Section 9.2. AppLoval. This Agreement is made subject to, and conditioned upon, the approval of this Assistance Agreement by the City Clerk of the Finance and Administration Cabinet. Section 9.3. Effective Date. This Assistance Agreement shall become effective as of the date first set forth hereinabove and shall continue in full force and effect until the date the obligations of the Governmental Agency pursuant to the provisions of this Assistance Agreement have been fully satisfied. Section 9.4. Binding Effect. This Assistance Agreement shall be binding upon, and shall inure to the benefit of the parties hereto, and to any person, officer, board, department, agency, municipal corporation, or body politic and corporate succeeding by operation of law to the powers and duties of either of the parties hereto. This Assistance Agreement shall not be revocable by either of the parties, without the written consent of the other party. Section 9.5. Severability. In the event that any provision of this Assistance Agreement will be held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof. Section 9.6. Assignability. The rights of the Authority under this Assistance Agreement shall be assignable by the Authority without the consent of the Governmental Agency, but none of the rights, duties or obligations of the Governmental Agency under this Assistance Agreement shall be assignable by the Governmental Agency without the prior written consent of the Authority. Section 9.7. Execution in Counterparts. This Assistance Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which will constitute but one and the same instrument. Section 9.8. Applicable Law. This Assistance Agreement will be govemed by and construed in accordance with the laws of the Commonwealth. 29 Section 9.9. Captions. The captions or headings herein are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Assistance Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Assistance Agreement to be executed by their respective duly authorized officers as of the day and year above written. ATTEST: ATTEST: �Al 9 i C (v1 itle:City Clerk APPROVED: SECRETARY/FINANCE AND ADMINISTRATION CABINET OF THE COMMONWEALTH OF KENTUCKY KENTUCKY INFRASTRUCTURE AUTHORITY GOVER.NTVIENTAL AGENCY: CITY OF PADUCAH, KENTUCKY Title: Mayor EXAMINED: LEGAL COUNSEL TO THE KENTUCKYINFRASTRUCTURE AUTHORITY APPROVED AS TO FORM AND LEGALITY APPROVED EINANCE_ANRADMINISTRATION CABINET -_ 30 EXHIBIT A CITY OF PADUCAH PROJECT SPECIFICS A18-028 GOVERNMENTAL AGENCY: Name: City of Paducah 300 S. 5th Street / P.O. Box 2267 Paducah, KY 42002 Contact Brandi Harless Person: Mayor SYSTEM: Wastewater PROJECT: The City of Paducah is requesting $4,610,667 to provide significant rehabilitation to the Flood Wall Pump Station #2 located in downtown Paducah. The pumps within Pump Station #2 house 7 individual pumps that are approximately 65 years old and have exceeded their useful life. All 7 pumps, motors, controls, and appurtenances within the pump station will be replaced and/or reconditioned. Pump Station #2 is one of several pump stations located along the floodwall in the City that pumps stormwater flow collected from the downtown area to the Ohio River. This pump is the largest and most significant to controlling stormwater flooding. PROJECT BUDGET: FUNDING SOURCES: Fund A Loan CDBG DRA Tota[. KIA DEBT SERVICE: Construction Loan Less: Principal Forgiveness Amortized Loan Amount Amount % $ 4,610,667 77% Total Legal Expenses $ 7,500 Engineering Fees - Design $ 78,312 Engineering Fees - Construction $ 91,542 Engineering Fees - Inspection $ 136,263 Construction $ 4,947,000 Contingency $ 742,050 Total $ 6,002,667 FUNDING SOURCES: Fund A Loan CDBG DRA Tota[. KIA DEBT SERVICE: Construction Loan Less: Principal Forgiveness Amortized Loan Amount Amount % $ 4,610,667 77% 1,000,000 17% 392,000 7% .$ 6,0D2,667 _ 100% - Interest Rate Loan Term (Years) Estimated Annual Debt Service Administrative Fee (0.20%) Total Estimated Annual Debt Service $ 4,610,667 1,300,000 $ 3,310,667 0.50% 20 $ 174,155 6,621 $ 180,776 AMORTIZATION COMMENCEMENT DATE: June 1 and December 1 Interest payments will commence within six months from first draw of funds (estimated 12/01/18). Full principal and interest payments will commence within one year of initiation of operation (estimated 12/01/20). REPLACEMENT RESERVE ACCOUNT: 11,500 ANNUAL AMOUNT 230,000 TOTALAMOUNT The annual replacement cost is 5% ($230,000) of the final amount borrowed (prior to principal forgiveness, if any) to be funded annually ($11,500) each December 1 over 20 years and maintained for the life of the loan. ADMINISTRATIVE FEE: DEFAULT RATE: DEBT OBLIGATIONS CURRENTLY OUTSTANDING: Series 2008 Bonds Series 20108 Bonds Series 2011 Bonds Series 2013A Bonds Series 2013B Bonds Series 2014A Bonds Series 20148 Bonds Ky League of Cities Ky Assoc. of Counties Margaret Hank Cumberland Presbyterian Church Agreem Murray State University Agreement Total LIABILITY INSURANCE COVERAGE: --- - Death or Personal Injury -(per person) Death or Personal Injury (per occurrence) Property Damage on System 0.20% 8.00% $ 27,281,531 Outstanding Maturity $ 1,998,120 2029 $ 4,974,540 2027 $ 2,539,977 2025 $ 993,904 2029 $ 2,193,616 2029 $ 4,823,948 2030 $ 4,070,991 2025 $ 1,500,126 2024 $ 1,866,666 2029 $ 94,851 2020 $ 2,224,792 2032 $ 27,281,531 EXIT B REQUEST FOR PAYMENT AND PROJECT STATUS REPORT Borrower: WX/SX Number: Draw Number KIA Loan # Date: The above identified Governmental Agency has entered into an Assistance Agreement with the Kentucky Infrastructure Authority (the "Authority") for the acquisition and construction of facilities described in the Assistance Agreement as the "Project." Pursuant to the Assistance Agreement, we hereby certify that we have incurred the following expenses in connection with the Project and that the Authority's funding share of these expenses is in the amount so denoted in this request. Documentation supporting the expenses incurred and identified per this request are attached. Funds Requested: Line Item Cost 1 Administrative 2 Legal 3 Land, Appraisals, Easements 4 Relocation Expense 5 Planning 6 Engineering Fees — Design 7 Engineering Fees - Construction 8 Engineering Fees — Inspection 9 Construction 10 Equipment 11 Contingency 12 Other TOTAL Proiect Budget and Expenses Expenses This Expenses to Request Date Project Budget Balance If expenses to date exceed project budget a revised budget must be submitted to and approved by the Authority before funds will be released. Funding Agency 1 -2- 3 4 5 6 7 8 9 10 11 12 TOTAL Project Funding Expenses This Expenses to Request Date Project Budget Balance We certify that the expenses in this draw request were incurred pursuant to local procurement polices which conform to KRS 45A. Borrower Signature: Project Administrator: Draw # STATUS REPORT: PROJECT IS: On schedule Ahead of schedule Behind schedule If ahead or behind, please explain PROJECT EXPENSES THIS DRAW REQUEST (Include Invoices for Expenses Listed Below) Line Item Draw # Vender Amount IMA I CERTIFICATE OF CONSULTING ENGINEERS AS TO PAYMENT REQUEST The undersigned, a duly qualified and licensed Engineer hereby certifies that he or she represents the Governmental Agency submitting this request in connection with the "Eligible Project" and that all expenses represented in this request were duly incurred for the Construction of the "Project," that the Authority's funding share of these expenses is accurately represented and that such expenses have not been the subject of any request for disbursement previously submitted. Engineer/Consultant Firm Name VIN EXHIBIT C SCHEDULE OF SERVICE CHARGES See Attached C-1 EXHIBIT D RESOLUTION A RESOLUTION APPROVING AND AUTHORIZING AN ASSISTANCE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE KENTUCKY INFRASTRUCTURE AUTHORITY TO PROVIDE UP TO $4,610,667 OF LOAN FUNDS FOR WASTEWATER SYSTEM IMPROVEMENTS. WHEREAS, the City Commission ("Governing Authority") of the City of Paducah, Kentucky, ("Governmental Agency") has previously determined that it is in the public interest to acquire and construct certain facilities and improvements to the Governmental Agency's Wastewater System (the "Project") and WHEREAS, the Governmental Agency has made application to the Kentucky Infrastructure Authority (the "Authority") for the purpose of providing monies to construct the Project; and WHEREAS, in order to obtain such monies, the Governmental Agency is required to enter into an Assistance Agreement with the Authority; NOW, THEREFORE, IT IS RESOLVED by the City of Paducah, Kentucky, as follows: SECTION 1. That the Governing Authority hereby approves and authorizes the Assistance Agreement between the Governmental Agency and the Authority dated as of July 1, 2018 substantially in the form on file with the Governmental Agency for the purpose of providing the necessary financing to the Governmental Agency for the Project. SECTION 2. That the Mayor and City Clerk of the Governmental Agency be and hereby are authorized, directed and empowered to execute necessary documents or agreements, and to otherwise act on behalf of the Governmental Agency to effect such financing. SECTION 3. That this resolution shall take effect at the earliest time provided by law. ADOPTED on Attest: Title: City Clerk D-1 Mayor CERTIFICATE I, the undersigned, hereby certify that I am the duly qualified and acting City Clerk of the City of Paducah, Kentucky; that the foregoing is a full, true and correct copy of a Resolution adopted by the City Commission of said Agency at a meeting duly held on 2018; that said official action appears as a matter of public record in the official records or journal of the governing authority; that said meeting was held in accordance with all applicable requirements of Kentucky law, including KRS 61.810, 61.815, 61.820 and 61.823; that a quorum was present at said meeting; that said official action has not been modified, amended, revoked or repealed and is now in full force and effect. 2018. IN TESTIMONY WHEREOF, witness my signature this day of lDa City Clerk EXHIBIT E OPINION OF COUNSEL [Letterhead of Counsel to Governmental Agency] [Date] Kentucky Infrastructure Authority 1024 Capital Center Drive Suite 340 Paducah, Kentucky RE: Assistance Agreement by and between Kentucky Infrastructure Authority and City of Paducah, Kentucky, dated as of July 1, 2018 Ladies and Gentlemen: The undersigned is an attorney at law duly admitted to the practice of law in the Commonwealth of Kentucky and is legal counsel to the City of Paducah, Kentucky (the "Governmental Agency"). I am familiar with the organization and existence of the Governmental Agency and the laws of the Commonwealth applicable thereto. Additionally I am familiar with the wastewater treatment works project (the 'Project") with respect to which the Assistance Agreement by and between the Kentucky Infrastructure Authority ("Authority") and the Governmental Agency is being authorized, executed and delivered. I have reviewed the form of Assistance Agreement by and between the Authority and the Governmental Agency, the ordinance of the governing authority authorizing the execution and delivery of said Assistance Agreement and the plans, designs and specifications prepared by the Engineers for the Governmental Agency with respect to the Project. Based upon my review I am of the opinion that: 1) The Governmental Agency is a duly organized and existing municipal corporation and political subdivision of the Commonwealth of Kentucky validly existing under the Constitution and statutes of the Commonwealth of Kentucky. 2) The Assistance Agreement has been duly executed and delivered by the Governmental Agency and is a valid and binding obligation of the Governmental Agency enforceable in accordance with its terns, except to the extent that the enforceability thereof may be limited by equitable principles and by bankruptcy, reorganization, moratorium, insolvency or E-1 similar laws heretofore or hereafter enacted relating to or affecting the enforcement of creditors' rights or remedies generally. 3) The Governmental Agency has all necessary power and authority (i) to enter into, perform and consummate all transactions contemplated by the Assistance Agreement, and (ii) to execute and deliver the documents and instruments to be executed and delivered by it in connection with the construction of the Project. 4) The Service Charges, as defined in the Assistance Agreement, are in full force and effect and have been duly and lawfully adopted by the Governmental Agency. 5) The execution and delivery of the Assistance Agreement and the performance by the Governmental Agency of its obligations thereunder does not and will not conflict with, violate or constitute a default under any court or administrative order, decree or ruling, or any law, statute, ordinance or regulation, or any agreement, indenture, mortgage, lease, note or other obligation or instrument, binding upon the Governmental Agency, or any of its properties or assets. The Governmental Agency has obtained each and every authorization, consent, permit, approval or license of, or filing or registration with, any court or governmental department, commission, board, bureau, agency or instrumentality, or any specifically granted exemption from any of the foregoing, that is necessary to the valid execution, delivery or performance by the Governmental Agency of the Assistance Agreement and the imposition of the Service Charges. 6) To the best of my knowledge after due inquiry there is no action, suit, proceedings or investigation at law or in equity before any court, public board or body pending or threatened against, affecting or questioning (i) the valid existence of the Governmental Agency, (ii) the right or title of the members and officers of the Governmental Agency to their respective positions, (iii) the authorization, execution, delivery or enforceability of the Assistance Agreement or the application of any monies or security therefor, (iv) the construction of the Project, (v) the validity or enforceability of the Service Charges or (vi) that would have a material adverse impact on the ability of the Governmental Agency to perform its obligations under the Assistance Agreement. 7) None of the proceedings or authority heretofore had or taken by the Governmental Agency for the authorization, execution or delivery of the Assistance Agreement has or have been repealed, rescinded, or revoked. 8) To the best of my knowledge, the Governmental Agency has fully complied with all federal and state labor and procurement laws in connection with the acquisition and construction of the Project. 9) All proceedings and actions of the Governmental Agency with respect to which the Assistance Agreement is to be delivered were had or taken at meetings properly convened and held in substantial compliance with the applicable provisions of Sections 61.805 to 61.850 of the Kentucky Revised Statutes. Very truly yours, E-2 EXHIBIT F TO ASSISTANCE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY THE KENTUCKY INFRASTRUCTURE UNTAL CTURE AUTHORITY Total Loan to be Repaid by Governmental Agency to Kentucky Infrastructure Authority Principal and Interest Payable on Each and It is understood and agreed by the parties to this Assistance Agreement that this Exhibit F is an integral part of the Assistance Agreement between the Governmental Agency and the Kentucky Infrastructure Authority. IN WITNESS WHEREOF, the parties have caused this Exhibit F to Assistance Agreement to be executed by their respectivedulyauthorized officers as of the date of said Assistance Agreement. ATTEST: KENTUCKYINFRASTRUCTURE AUTHORITY LM - Title: CITY OF PADUCAH, KENTUCKY Governmental Agency M F-1 13084654x1 EXHIBIT G ADDITIONAL COVENANTS AND AGREEMENTS MITM G-1 ' 0r MUNICIPAL ORDER NO. &�� Ia A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF PRIMARY AND BACKUP HOST SERVERS, PRIMARY AND BACKUP STORAGE ARRAYS, VIRTUALIZATION SERVER SOFTWARE AND SOFTWARE LICENSES FROM DELL MARKETING L.P. IN THE AMOUNT OF $131,216.42 FOR THE 911 PHASE I CAD UPGRADE WHEREAS, the City of Paducah is in need of upgraded hardware and software for the 911 Phase I CAD upgrade; and WHEREAS, said hardware and software is available under State of Kentucky Master Agreement 758 1700000776, and, therefore, competitive bidding is not required. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the Finance Director is hereby authorized to make payment to DELL Marketing L.P. in the amount of $131,216.42 for the purchase of Primary and Backup Host Servers, Primary and Backup Storage Arrays, Virtualization Server Software and Software Licenses for the 911 Phase I CAD upgrade, in compliance with the State of Kentucky Master Agreement No. 758 1700000776. SECTION 2. This expenditure shall be charged to the 911 Phase I Upgrade Account No. E91105-000-40000-40008. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 24, 2018 Recorded by Lindsay Parish, City Clerk, July 24, 2018 \mo\911 Phase I —Upgrade IT Software & Hardware Sales rep: Juan Saenz 1 1028273678029.1 DRUM q quote for your consideration! Total: $30,478.94 Based on your business needs, we put the fallowing quote together to help with your purchase decision. Please review your quote details below, then contact your sales rep when you're ready to place your order. Quote number: 1028273678029.1 Quote date: Jul. 16, 2018 Quote expiration: Aug. 3, 2018 Company name: Customer number: Phone: CITY OF PADUCAH 15506244 (270) 444.8507 Sales rep information: Juan Saenz Juan—Saenzl@Dett.com (800)456-3355 Ext: 7285643 Pricing Summary Billing Information: CITY OF PADUCAH 500 S 5TH ST PADUCAH KY 42003-1531 US (270)444-8507 Item Qty Unit Price Subtotal VLA WINDOWS SERVER DATACENTER PER 2 CORE LICENSES 2016 30 $546.46 VLA WINDOWS SERVER USER CAL 2016 MOLP VLA SQL SERVER STD CORE 2017 VLA OFFICE STD 2016 100 $33.82 4 $2,543.62 2 $264.33 Subtotal: Shipping: Environmental Fees: Non -Taxable Amount: Taxable Amount: Estimated Tax: Total: $16,393.80 $3,382.00 $10,174.48 $528.66 $30,478.94 $0.00 $0.00 $0.00 $0.00 $0.00 $30,478.94 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page 1 © 2014 Dell lnc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Juan Saenz 1 1028273678029.1 Dear Customer, Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors or desire certain changes please contact me as soon as possible. Regards, Juan Saenz Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order Page 2 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Juan Saenz 11028273678029.1 Shipping Group 1 Shipping Contact: Shipping phone: Shipping via: $0.00 Shipping Address: TAMMARA BROCK (270) 444-8507 DELL Standard Delivery CITY OF PADUCAH $0.00 Total: $30,478.94 300 S 5TH ST PADUCAH KY 42003 US SKU Description Qty Unit Price Subtotal VLA WINDOWS SERVER DATACENTER PER 2 CORE LICENSES 30 $546.46 $16,393.80 2016 Contract No: 50AHC Customer Agreement No: NCPA 01-42 A9260876 VLA WINDOWS SERVER DATACENTER PER 2 CORE LICENSES 30 2016 SKU Description Qty Unit Price Subtotal VLA WINDOWS SERVER USER CAL 2016 MOLP 100 $33.82 $3,382.00 Contract No: 50AHC Customer Agreement No: NCPA 01-42 AA133173 VLA WINDOWS SERVER USER CAL 2016 MOLP 100 SKU Description Qty Unit Price Subtotal VLA SQL SERVER STD CORE 2017 4 $2,543,62 $10,174.48 Contract No: 50AHC Customer Agreement No: NCPA 01-42 A9929397 VLA SQL SERVER STD CORE 2017 4 SKU Description Qty Unit Price Subtotal VLA OFFICE STD 2016 2 $264.33 $528.66 Contract No: 50AHC Customer Agreement No: NCPA 01-42 A8585166 VLA OFFICE STD 2016 2 Subtotal: $30,478.94 Shipping: $0.00 Environmental Fees: $0.00 Estimated Tax: $0.00 Total: $30,478.94 Page 3 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Juan Saenz 11028273678029.1 Unless you have a separate written agreement that specifically applies to this order, your order is subject to Dell's Terms of Sale (for consumers the terms include a binding arbitration provision). Please see the legal disclaimers below for further information. Important Notes Terms of Sale Unless you have a separate written agreement that specifically applies to this order, your order wilt be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: Dell's Terms of Sale (www.dell.com/learn/us/en/uscorpl/terms-of-sale), which include a binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.dett.com/returnpoticy) and Warranty (for Consumer warranties ; for Commercial warranties). If this purchase includes services: in addition to the foregoing applicable terms, the terms of your service contract will apply (Consumer; Commercial). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of the Dell -branded application software is subject to the Dell End User License Agreement - Type A (www.dett.com/AEULA) and use of the Dell -branded system software is subject to the Dell End User License Agreement - Type S www.detL.com/SEULA). If your purchase is for Mozy, in addition to the foregoing applicable terms, your use of the Mozy service is subject to the terms and conditions located at https://mozy.com/about/legal/terms. If this purchase is for (a) a storage product identified in the DELL EMC Satisfaction Guarantee Terms and Conditions Located at http: / /www.emc.com /collateral/ sales/dellemc-satisfaction-guarantee-terms-and-conditions_ex-gc. pdf ("Satisfaction Guarantee') and (it) three (3) years of a ProSupport Service for such storage product, in addition to the foregoing applicable terms, such storage product is subject to the Satisfaction Guarantee. You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Please indicate any tax-exempt status on your P0, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 800-433-9023. Please ensure that your tax -exemption certificate reflects the correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate; final taxes will be Listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax—Department@dell.com. For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment property. Page 4 © 2014 DO Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: George Suliin 11027088154622.1 DILLEMC A quote for your consideration! Total: $10,496.86 Based on your business needs, we put the following quote together to help with your purchase decision. Please review your quote details below, then contact your sales rep when you're ready to place your order. Quote number: Quote date: Quote expiration: 1027088154622.1 Jun. 22, 2018 Jul. 27, 2018 Company name: Customer number: Phone: CITY OF PADUCAH 15506244 (270) 444-8507 Sales rep information: George Suliin George_Sutiin@Dell.com (800)456-3355 Ext: 5132226 Pricing Summary Billing Information: CITY OF PADUCAH 500 S 5TH ST PADUCAH KY 42003-1531 US (270) 444-8507 Item Qty Unit Price Subtotal VLA VMWARE VSPHERE 6 ESSENTIALS PLUS KIT FOR 3 HOSTS MAX 2 $4,149.73 $8,299.46 2 PROCESSORS PER HOST VLA VMWARE PRODUCTION SNS VSPHERE 6 ESSENTIALS PLUS KIT 2 $1,098.70 $2,197.40 FOR 1 YEARS Subtotal: $10,496.86 Shipping: $0.00 Environmental Fees: $0.00 Non -Taxable Amount: $0.00 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $10,496.86 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page 1 @2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, 7X 78682. Sales rep: George Suliin 1 1027088154622.1 Dear Customer, Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors or desire certain changes please contact me as soon as possible. Regards, George Suliin Order this quote easily online through your Premier paw, or if you do not have Premier, using Quote to Order Page 2 0 2014 Dell lnc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, 7X 78682. Shipping Group 1 Shipping Contact: TAMMARABROCK SKU Description Sales rep: George Suliin j 1027088154622.1 Shipping phone: Shipping via: Shipping Address: (270) 444-8507 DELL Standard Delivery CITY OF PADUCAH 300 S 5TH ST PADUCAH KY 42003 US Qty Unit Price Subtotal VLA VMWARE VSPHERE 6 ESSENTIALS PLUS KIT FOR 3 HOSTS 2 $4,149.73 MAX 2 PROCESSORS PER HOST Contract No: 99AGZ Customer Agreement No: MHEC-07012015 A8262875 VLA VMWARE VSPHERE 6 ESSENTIALS PLUS KIT FOR 3 HOSTS 2 MAX 2 PROCESSORS PER HOST SKU Description Qty Unit Price VLA VMWARE PRODUCTION SNS VSPHERE 6 ESSENTIALS PLUS 2 $1,098.70 KIT FOR i YEARS Contract No: 99AGZ Customer Agreement No: MHEC-07012015 A8264586 VLA VMWARE PRODUCTION SNS VSPHERE 6 ESSENTIALS 2 PLUS KIT FOR 1 YEARS Subtotal: Shipping: Environmental Fees: Estimated Tax: Total: Page 3 © 2014 Dell Inc. U. S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. $8,299.46 Subtotal $2,197.40 $10,496.86 $0.00 $0.00 $0.00 $10,496.86 Sales rep: George Sullin 11027088154622.1 Unless you have a separate written agreement that specifically applies to this order, your order is subject to Dell's Terms of Sale (for consumers the terms include a binding arbitration provision). Please see the legal disclaimers below for further information. Important Notes Terms of Sale Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: Dell's Terms of Sale (www.dett.com/Learn/us/en/uscorp1/terms-of-sale), which include a binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.dell.com/returnpoticy) and Warranty (for Consumer warranties ; for Commercial warranties). If this purchase includes services: in addition to the foregoing applicable terms, the terms of your service contract will apply (Consumer;Commercial). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of the Dell -branded application software is subject to the Dell End User License Agreement - Type A (www.de(l.com/AEULA) and use of the Dell -branded system software is subject to the Dell End User License Agreement - Type S www.de[L.com/SEUL-A). If your purchase is for Mozy, in addition to the foregoing applicable terms, your use of the Mozy service is subject to the terms and conditions located at https://mozy.com/about/legal/terms. If this purchase is for (a) a storage product identified in the DELL EMC Satisfaction Guarantee Terms and Conditions located at http: / /www, emc. com /collateral / sales/dellemc-satisfaction -guarantee-terms-and-conditions_ex-gc. pdf ("Satisfaction Guarantee') and (ii) three (3) years of a ProSupport Service for such storage product, in addition to the foregoing applicable terms, such storage product is subject to the Satisfaction Guarantee. You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms wilt be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Pricing, Taxes, and Additional Information ALI product, pricing, and other information is valid for U.S. customers and U.S, addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Please indicate any tax-exempt status on your P0, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 800-433-9023. Please ensure that your tax -exemption certificate reflects the correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax_Department@dell.com. For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment properly. Page 4 © 2014 Dell Inc. U. S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, 7X 78682. Sales rep: Tory Parson 13000026263117. 1 Dear Customer, Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors or desire certain changes please contact me as soon as possible. Regards, Tory Parson Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order Group 1 - Group 1 Shipping Contact: Shipping phone: Shipping via: Shipping Address: TAMMARA BROCK (270) 444-8507 DELL Standard Delivery 300 S 5TH ST 2ND FL PADUCAH KY 42003 US SKU Description Qty Unit Price Subtotal PowerEdge R640 - Primary Host Servers 2 $10,352.56 $20,705.12 Estimated delivery date: Jul. 13, 2018 Contract No: 99AG7 Customer Agreement No: MHEC-07012015 210-AKWU PowerEdge R640 Server 2 329-BDKC PowerEdge R640 Motherboard 2 461-AADZ No Trusted Platform Module 2 - 321-BCUP No Hard Drive, No Backplane chassis 2 - 340-BKNE PowerEdge R640 Shipping 2 - 343-BBEV PowerEdge R640 x8 Drive Shipping Material 2 - 338-BLUS Intel Xeon Silver 4114 2.2G, 10C/20T, 9.6GT/s , 14M 2 Cache, Turbo, HT (85W) DDR4-2400 374-BBPP Intel Xeon Silver 4114 2.2G, 10C/20T, 9.6GT/s , 14M 2 Cache, Turbo, HT (85W) DDR4-2400 370-ABWE DIMM Blanks for System with 2 Processors 2 412-AAIQ Standard lU Heatsink 2 - 412-AAIQ Standard 1U Heatsink 2 - 370-ADNU 2666MT/s RDIMMs 2 Page 2 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, 7X 78682. Sales rep.: Tory Parson 13000026263117. 1 370-AAIP Performance Optimized 2 - - 780-BCDH Diskless Configuration (No RAID, No Controller) 2 405 -ARCD No Controller 2 - - 400-ABHL No Hard Drive 2 - 611-BBBG No Operating System, No Utility Partition 2 421-5736 No Media Required 2 - - 385-BBKT iDRAC9, Enterprise 2 - - 528-BBWT OME Server Configuration Management 2 379-BCQV iDRAC Group Manager, Enabled 2 379-BCSG iDRAC, Legacy Password 2 330-BBGN Riser Config 2, 3x16 LP 2 - - 540-BBUY Intel X550 Quad Port 10GbE, Base -T, rNDC 2 385-BBLQ IDSDM and Combo Card Reader with 16GB VFlash SD 2 385-BBCF Redundant SD Cards Enabled 2 - 385-BBKG 16GB microSDHC/SDXC Card 2 385-BBKG 16GB microSDHC/SDXC Card 2 429 -ABBE DVD ROM, SATA, Internal 2 384-BBQJ 8 Standard Fans for R640 2 450-ADWS Dual, Hot -plug, Redundant Power Supply (1+1), 75OW 2 450-AALV NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet 2 (3m), Power Cord, North America 450-AALV NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet 2 (3m), Power Cord, North America 325-BCHH Standard Bezel 2 - - 350-BBJS Dell EMC Luggage Tag 2 350-BBKC Quick Sync 2 (At -the -box mgmt) 2 - - 750-AABF Power Saving Dell Active Power Controller 2 - 387-BBMK Energy Star 2 - - 770-BBBL ReadyRails Sliding Rails With Cable Management Arm 2 631-ABKN OpenManage DVD Kit,Poweredge R640 2 Page 3 © 2014 Delllnc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 332-1286 813-9255 813-9259 813-9260 813-9268 975-3462 989-3439 900-9997 370-ADNF 540-BBRL SKU US Order 2 Dell Hardware Limited Warranty Plus On -Site Service 2 ProSupport Mission Critical: 4 -Hour 7x24 On -Site Service 2 with Emergency Dispatch, 3 Years ProSupport Mission Critical: 4 -Hour 7x24 On -Site Service 2 with Emergency Dispatch, 2 Years Extended ProSupport Mission Critical: 7x24 HW / SW Technical 2 Support and Assistance, 5 Years Dell Limited Hardware Warranty Plus Service, Extended 2 Year(s) Thank you choosing Dell ProSupport. For tech support, visit 2 //www.dell.com/support or call 1-800- 945-3355 On -Site Installation Declined 2 32GB RDIMM 2666MT/s Dual Rank 16 Intel X550 Dual Port 1OG Base -T Adapter, Low Profile 2 Description Qty Sales rep: Tory Parson 13000026263117.1 Unit Price Subtotal $10,352.56 $10,352.56 Page 4 0 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, 7X 78682. PowerEdge R640 - Backup Host Server 1 Estimated delivery date: Jul. 13, 2018 Contract No: 99AGZ Customer Agreement No: MHEC-07012015 210-AKWU PowerEdge R640 Server 1 329-BDKC PowerEdge R640 Motherboard 1 461-AADZ No Trusted Platform Module 1 321-BCUP No Hard Drive, No Backplane chassis 1 340-BKNE PowerEdge R640 Shipping 1 343-BBEV PowerEdge R640 x8 Drive Shipping Material 1 338-BLUS Intel Xeon Silver 4114 2.2G, 10C/20T, 9.6GT/s , 14M 1 Cache, Turbo, HT (85W) DDR4-2400 374-BBPP Intel Xeon Silver 4114 2.2G, 10C/20T, 9.6GT/s , 14M 1 Cache, Turbo, HT (85W) DDR4-2400 370-ABWE DIMM Blanks for System with 2 Processors 1 412-AAIQ Standard 1U Heatsink 1 412-AAIQ Standard 1U Heatsink 1 Sales rep: Tory Parson 13000026263117.1 Unit Price Subtotal $10,352.56 $10,352.56 Page 4 0 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, 7X 78682. Sales rep: Tory Parson 13000026263117. 1 370-ADNU 2666MT/s RDIMMs 1 370-AAIP Performance Optimized 1 780-BCDH Diskless Configuration (No RAID, No Controller) 1 405-AACD No Controller 1 400-ABHL No Hard Drive 1 611-BBBG No Operating System, No Utility Partition 1 421-5736 No Media Required 1 385-BBKT iDRAC9, Enterprise 1 528-BBWT OME Server Configuration Management 1 379-BCQV iDRAC Group Manager, Enabled 1 379-BCSG iDRAC,Legacy Password 1 330-BBGN Riser Config 2, 3x16 LP 1 540-BBUY Intel X550 Quad Port 10GbE, Base -T, rNDC 1 385-BBLQ IDSDM and Combo Card Reader with 16GB VFlash SD 1 385-BBCF Redundant SD Cards Enabled 1 385-BBKG 16GB microSDHC/SDXC Card 1 385-BBKG 16GB microSDHC/SDXC Card 1 429 -ABBE DVD ROM, SATA, Internal 1 384-BBQJ 8 Standard Fans for R640 1 450-ADWS Dual, Hat -plug, Redundant Power Supply (1+1), 750W 1 450-AALV NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet 1 (3m), Power Cord, North America 450-AALV NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet 1 (3m), Power Cord, North America 325-BCHH Standard Bezel 1 350-BBJS Deli EMC Luggage Tag 1 350-BBKC Quick Sync 2 (At -the -box mgmt) 1 750-AABF Power Saving Dell Active Power Controller 1 387-BBMK Energy Star 1 770-BBBL ReadyRails Sliding Rails With Cable Management Arm 1 Page 5 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Tory Parson 13000026263117.1 631-ABKN OpenManage DVD Kit,Poweredge R640 1 332-1286 US Order 1 - - 813-9255 Dell Hardware Limited Warranty Plus On -Site Service 1 - - 813-9259 ProSupport Mission Critical: 4 -Hour 7x24 On -Site Service 1 with Emergency Dispatch, 3 Years 813-9260 ProSupport Mission Critical: 4 -Hour 7x24 On -Site Service 1 with Emergency Dispatch, 2 Years Extended 813-9268 ProSupport Mission Critical: 7x24 HW / SW Technical 1 Support and Assistance, 5 Years 975-3462 Dell Limited Hardware Warranty Plus Service, Extended 1 Year(s) 989-3439 Thank you choosing Dell ProSupport. For tech support, visit 1 - - //www.deR.com/support or call 1-800- 945-3355 900-9997 On -Site Installation Declined 1 - - 370-ADNF 32GB RDIMM 2666MT/s Dual Rank 8 540-BBRL Intel X550 Dual Port 10G Base -T Adapter, Low Profile 1 SKU Description Qty Unit Price Subtotal Dell EMC SCv3020 - Primary Storage Array (SAN) 1 $31,362.27 $31,362.27 Estimated delivery date: Jul. 11, 2018 Contract No: 99AGZ Customer Agreement No: MHEC-07012015 210-ALVZ SCv3020 3Ux30 Drive Storage Array 1 449-BBLE SCv30XO Dual Controller Components 1 403-BBPD No Mezzanine Card 403-BBPD No Mezzanine Card 406-BBLY 10, 10Gb iSCSI, 4 port, PCI -E, Copper, Full height 1 406-BBLY 10, 10Gb iSCSI, 4 port, PCI -E, Copper, Full height 1 340-BSDI SHIP,SCV3020,DAO 1 389-BJUC Dell SC Storage Reg Label 634-BJUI Storage Center Core Software Bundle, Base License 1 - - 634-BKCL SSN License 1 - - 631-ABJO Live Volume+Remote Instant Replay, Software License 1 Page 6 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 Sales rep: Tory Parson 1 3000026263117.1 450-AGJN Redundant Power Supply, 1378W, C20 1 770-BBUJ Rack rail, 2Us, Static 1 - 350-BBKJ SC Bezel 1 - 814-3780 Dell Hardware Limited Warranty 1 - 814-3784 ProSupport Mission Critical: 4 -Hour 7x24 Onsite Service 1 with Emergency Dispatch,3 Years 814-3787 ProSupport Mission Critical: 7x24 HW/SW Technical 1 Support and Assistance,5 Years 814-3788 ProSupport Mission Critical: 4 -Hour 7x24 Onsite Service 1 with Emergency Dispatch,2 Years Extended 975-3461 Dell Limited Hardware Warranty Extended Year(s) 1 - 989-3439 Thank you choosing Dell ProSupport. For tech support, visit 1 //www.dell.com/support or call 1-800- 945-3355 805-2824 ProDeploy Dell Storage SC Series vXXXX SAN up to 8 hosts - 1 Deployment 805-2826 ProDeploy Dell Storage SC Series vXXXX SAN - Deployment 1 Verification 815-3883 ProSupport for Software: 7X24 Live Volume + RIRA, 5 Years 1 332-1286 US Order 1 - 400-AICS SC, 960GB, SAS, 12Gb 2.5 Rl SSD 6 400-AVKS SC, 1.2TB, SAS, 12Gb, 10K, 2.5', HDD 14 400-AEPR Hard Drive Filler 2.5in, single blank 10 450-AFEU Power Cord, 125V, 20A, NEMA 5-20 to C19, 10 feet 2 SKU Description Qty Unit Price Dell EMG SCv3020 - Backup Storage Array (SAN) 1 $27,820,67 Estimated delivery date: Jul. 11, 2018 Contract No: 99AGZ Customer Agreement No: MHEC-07012015 210-ALVZ SCv3020 3Ux30 Drive Storage Array 1 449-BBLE SCv30X0 Dual Controller Components 1 403-BBPD No Mezzanine Card 1 - 403-BBPD No Mezzanine Card 1 - Page 7 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, 7X 78682. Subtotal $27,820.67 Sales rep: Tory Parson 13000026263117. 1 406-BBLY 10, 10Gb iSCSI, 4 port, PCI -E, Copper, Full height 1 406-BBLY 10, 10Gb iSCSI, 4 port, PCI -E, Copper, Full height 1 340-BSDI SHIP,SCV3020,DAO 1 389-BJUC Dell SC Storage Reg Label 1 634-BJUI Storage Center Core Software Bundle, Base License 1 634-BKCL SSN License 1 450-AGJN Redundant Power Supply, 1378W, C20 1 770-BBUJ Rack rail, 2Us, Static 1 350-BBKJ SC Bezel 1 814-3780 Dell Hardware Limited Warranty 1 814-3784 ProSupport Mission Critical: 4 -Hour 7x24 Onsite Service 1 with Emergency Dispatch,3 Years 814-3787 ProSupport Mission Critical: 7x24 HW/SW Technical 1 Support and Assistance,5 Years 814-3788 ProSupport Mission Critical: 4 -Hour 7x24 Onsite Service 1 with Emergency Dispatch,2 Years Extended 975-3461 Dell Limited Hardware Warranty Extended Year(s) 1 989-3439 Thank you choosing Dell ProSupport. For tech support, visit 1 //www.dell.com/support or call 1-800- 945-3355 805-2824 ProDeploy Dell Storage SC Series vXXXX SAN up to 8 hosts - 1 Deployment 805-2826 ProDeploy Dell Storage SC Series vXXXX SAN - Deployment 1 Verification 332-1286 US Order 1 400 -AICs SC, 960GB, SAS, 12Gb 2.5 RI SSD 6 400-AVKS SC, 1.2TB, SAS, 12Gb, 10K, 2.5', HDD 14 400-AEPR Hard Drive Filler 2.5in, single blank 10 450-AFEF Power Cord, 250V, 16A, C19 to C20, 2 feet 2 Subtotal: $90,240.62 Shipping: $0.00 Environmental Fees: $0.00 Estimated Tax: $0.00 Total: $90,240.62 Page 8 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, 7X 78682. Sales rep: Tory Parson 13000026263117. 1 Unless you have a separate written agreement that specifically applies to this order, your order is subject to Dell's Terms of Sale (for consumers the terms include a binding arbitration provision). Please see the legal disclaimers below for further information. Important Notes Terms of Sale Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: Dell's Terms of Sale (www.detL.com/learn/us/en/uscorp1/terms-of-sale), which include a binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.dell.com/returnpoticy) and Warranty (for Consumer warranties ; for Commercial warranties). If this purchase includes services: in addition to the foregoing applicable terms, the terms of your service contract will apply (Consumer;Commercial). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of the Dell -branded application software is subject to the Dell End User License Agreement - Type A (www.dett.com/AEULA) and use of the Dell -branded system software is subject to the Dell End User License Agreement - Type S www.deL[.com/SEULA). If your purchase is for Mozy, in addition to the foregoing applicable terms, your use of the Mozy service is subject to the terms and conditions located at https://mozy.com/about/legal/terms. If this purchase is for (a) a storage product identified in the DELL EMC Satisfaction Guarantee Terms and Conditions located at http: / /www.emc. com/collateral/sates l dettemc-satisfaction •guarantee-terms-and-conditions_Px-gc. pdf ("Satisfaction Guarantee') and (ii) three (3) years of a ProSupport Service for such storage product, in addition to the foregoing applicable terms, such storage product is subject to the Satisfaction Guarantee. You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Please indicate any tax-exempt status on your P0, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 800-433-9023. Please ensure that your tax -exemption certificate reflects the correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax—Department@dell.com. For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment properly. Page 9 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Doc ID No: MA 758 1700000776 version 26 MODIFICATION Page: 1 of 6 oc Description: Dell NASPO ocID No: MA 758 1700000776 26 Kentuchy Commonwealth of Kentucky MASTER AGREEMENT MODIFICATION h70ocDIM-L Ti mberon all packages, Invd correspondence. oc Description: Dell NASPO ocID No: MA 758 1700000776 26 Proc Folder: 4499715 rocurement Type: Computer Equipment or Software Record Date: ffective Date: 04/04/2017 Expiration Date: 03/31/2020 Issued By: SUSAN NOLAND Cited Authority: FAP111-08-00-08-MA elephone: rceason For Moditication: June 19, 2018 Addition of commodity line 27 for Pomeroy Quote 9191642, APR 5001999, SPR1 18- 2582 for COT for a one time purchase. See header for documentation. SNoland DELL MARKETING L P PO Box 802816 Chicago US IL 60680 POMEROY IT SOLUTIONS SALES COMPANY. INC 699 ISAAC SHELBY CIRCLE FRANKFORT KY 40601 US Dell Servers & Maintenance of 0.00 Servers, Desktops and Laptops Extended Description Dell Servers & Maintenance of Servers, Desktops and Laptops; Added 512117 - Installation Services for Servers Only; Storage and Installation Services for Storage 0.00000 0.00 0.00 Llne`4� �. '�">CLxp script4on �,.y�'yf�.�, � ��el vl er�`j/zD ys i''"' 7�(luanSl "�� n '� ~"�Umt Price r�� Contrac�d�rr�f 7� �2T�[al Price. 2 Dell Quote 3000012783029.1, APR 0.00 0.00000 12,596.98 12,596.98 5000724 Extended Description Dell Quote 3000012783029.1, APR 5000724 for COT. One time purchase only Line a`' ';„,.,:CL Descnpt�o�� vr�*� Deltvery Days (�uantity�'6 3 Dell Quote 3000012783248.1 APR 0.00 0.00000 3,396.60 3,396.60 5000818 Extended Description Dell Quote 3000012783248.1 APR 5000818 One time purchase only 4 Dell Quote 3000013259728.1 0.00 0.00000 9,600.22 9,600.22 Agriculture Doc ID No: MA 758 1700000776 version 26 Page: 2 of 6 Extended Description Dell Quote 3000013259728.1 Agriculture One time purchase only In D i e 5 Dell Quote 3000012989602.1 APR 0.00 5000840 0.00000 12,919.79 12,919.79 Extended Description Dell Quote 3000012989602.1 APR 5000840 One time purchase only Mn I III Is IM 'd o 6 Dell Quote 3000012889276.1 APR 0.00 5000835 0.00000 36,728.33 36,728.33 Extended Description Dell Quote 3000012889276.1 APR 5000835 One time purchase only 0 7 Dell Quote 3000012889276.1 APR 0.00 5000831 0.00000 36,728.33 36,728.33 Extended Description Dell Quote 3000012889276.1 APR 5000831 One time purchase only 8 Dell Quote 3000014149547.1 SPR1 0.00 17-2295 0.00000 7,575.00 7,575.00 Extended Description Dell Quote 3000014149547.1 SPR1 17-2295 for PAC One time purchase onlyy E6n .. �a' a av�',I'o.il e i 'Da s pa tt0.1"" ^" a 9 Dell Quote 3000014149451.1 SPR1 0.00 17-2295 0.00000 5,100.00 5,100.00 EXtended Description Dell Quote 3000014149451.1 SPR1 17-2295 for PAC One time purchase only aw 4641.Lptioµ� C �c 10 Dell Quote 3000014149313.1 SPR1 0.00 17-2295 0.00000 170,160.00 170,160.00 Extended Description Dell Quote 3000014149313.1 SPR1 17-2295 for PAC One time purchase only . ,..,&& , vu w.�usy m,i si n re rcj�Ye I!! IS: 70 iI:;mr... RI c 11 Dell Quote 3000014148871.1 SPR1 0.00 17-2295 0.00000 23,388.00 23,388.00 Extended Description Dell Quote 3000014148871.1 SPR1 17-2295 for PAC One time purchase only r5"�jCItD sclpt4°^<�n9'J"34 r14iDllfi f7ays'E �u w.4s aanns�lwswr g€'" fiwa,,ty 7• rr Iss I�p��'yyp� r`;,rzsu.�r�n.},gAvt^ Ur11t+P IGe £ I;, ,11CIJ thfil i;1: P•nc V�oal 12 Dell Quote 3000014094466.1 SPR1 0.00 17-2295 0.00000 24,677.20 24,677.20 Doc ID No: MA 758 1700000776 version 26 Page: 3 of 6 Extended Description Dell Quote 3000014094466.1 SPR1 17-2295 for PAC One time purchase only 13 Dell Quote 3000014352499.1 SPR1 0.00 17-2295 0.00000 29,494,56 29,494.56 Extended Description Dell Quote 3000014352499.1 SPR1 17-2295 for PAC One Time Purchase Only . e°4s foMI I o 14 Dell Quote 3000014407274.1 SPR1 0.00 17-2398 0.00000 19,980.46 19,980.46 Extended Description Dell Quote 3000014407274.1 SPR1 17-2398 for KY Fair Board One Time Purchase Only I ii- 15 Dell Quote 3000014892404 SPRt 0.00 17-2519 0.00000 1,200.76 1,200.76 Extended Description Dell Quote 3000014892404 SPR1 17-2519 for Treasury One Time Purchase Only '- Irye,:D.a Wj 16 Dell Quote 3000014408164 SPR1 0.00 17-2522 0.00000 7,350.14 7,350.14 Extended Description Dell Quote 3000014408164 SPR1 17-2522 for DOC One Time Purchase Only M ' IMOM a U. wen �1. - + � I'sslow, tact. 17 RFQ 758 1800000032 SPR1 18-304 0.00 for DOCJT Servers 0.00000 66,300.00 66,300.00 Extended Description RFQ 758 1800000032 SPR1 18-304 for DOCJT Servers One Time Purchase Only - Lin ' ,iwrly ',iPo v Gsr� . 1 18 Dell Quote - RFQ 758 17-315 SPR1 0.00 18-300 for DJJ Servers 0.00000 12,352.00 12,352.00 Extended Description Dell Quote 3000015569193.1 RFQ 758 17-315 SPR1 18-300 APR 5001207 for DJJ Servers. One Time Purchase Only 'wx r xu .,e"an,sr �� FidlyOPEN 19 Fy0teC0.00 0.00000RQ13 137,376.00 137,376.00 APR5001266 Extended Description Pomeroy Quote for Citrix RFQ 18*036 APR5001266 SPR1 18*409 One Time Purchase Only rYLi efi affr" y"'' r t» ,ttta5;?>F'iT,CLQ'Dcr-MRV,tuo �, ale IMMu Fxr D�ivmer !umY,r�. rdr Yisfru ','i, U'�jit�PnGe A"p'7ab*�aCoc'�t ,',1va,Mokr uan�r r�?5P"Ie-�2t ua,i-awu� :eau. rs �rAt 4'#,�Yk,pifc 20 Pomeroy Quote-KSP Servers 0.00 0.00000 63,378.00 e nHke:a s 63,378.00 Doc ID No: MA 758 1700000776 version 26 RFQ 18*046 APR 5001277 Extended Description Pomeroy Quote-KSP Servers RFQ 18*046 APR 5001277 SPR1 18*441 One Time Purchase Only 21 Pomeroy Quote -20 AD Servers RFQ 18*073 0.00 0.00000 APR 5001277 Extended Description Pomeroy Quote -20 AD Servers RFQ 18*073 APR 5001349 SPR1 18*563 One Time Purchase Only r e i e•�D r r.ea, s.. an I c, 22 Pomeroy Quote KET- SPR1 18-1455 0.00 0.00000 Extended Description Pomeroy Quote KET- SPR1 18-1455 Quote 9184112 One Time Purchase Only Am imi 1; g 23 Pomeroy Quote -11 AD Servers RFQ 18*176 0.00 0.00000 APR 5001722 Extended Description Pomeroy Quote -11 AD Servers RFQ 18*176 APR 5001722 SPR1 18*1698 One Time Purchase Only qn r Shu 'fS rrl 24 Pomeroy Quote KDMA- SPR1 18-1267 0.00 0.00000 Extended Description Pomeroy Quote KDMA- SPR1 18-1267 Quote 9188523 One Time Purchase Only 99 25 Dell Quote KY Treasury - Server Maintenance 0.00 0.00000 Extended Description Dell Quote KY Treasury 1021732787655 Server Maintenance One Time Purchaser Only Descrlptlon N' D Sg'�eiy Da}�se Sof 3 tit` uantlty'.r 'a `ip'�, 7'ilssu. ' and i nrf R Ic, �i i'. 26 Pomeroy Quote KIA-SPR1 18-2670 0.00 0.00000 Paqe: 4 of 6 54,800.00 54,800.00 12,306.00 12,306.00 33,605.00 33,605.00 11,175.00 11,175.00 800.19 800.19 12,410.00 12,410.00 Doc ID No: MA 758 1700000776 version 26 Extended Descriotion Pomeroy Quote KIA-SPR1 18-2670 9190247 One Time Purchase Only Dell Power Edge R740 Server 27 Pomeroy Quote COT -APR 5001999; SPR1 18-2582 Extended Descriotion Pomeroy Quote 9191642 for COT -APR 5001999; SPR1 18- 2582; One Time Purchase Only Dell Power Edge R430 Servers (11) Ma I 0.00000 5of6 43,989.00 43,989.00 Document Phase Document Description Page 6 1700000776 Final Dell NASPO of 6 NASPO ValuePoint Cooperative Computer Equipment Contracts Lead State (Minnesota) Terms and Conditions Please click the link below for additional NASPO ValuePoint contractual information and terms and conditions related to the procurement and award of the contracts. http://www nasr)ovaluer)oint ora/#/contract-details/52/overview/general The expiration date of this contract is March 31, 2020. Note: Under Kentucky Statutes, political subdivisions including cities of all classes, counties, and school districts may participate in these Master Agreements to the same extent as agencies of the Commonwealth. FOR USE BY NON EXECUTIVE BRANCH STATE AGENCIES ONLY. Executive Branch State Agencies (as indicated in the following web link hUp•7/opendoor kv aov/accountabilitz/onaoWP- aPc%x utiv a= may NOT utilize this addendum. The Commonwealth Office of Technology is the ONLY Executive Branch State Agency that is permitted to use this Addendum. Executive Branch State Agencies must contact the Commonwealth Office of Technology (COT). �uuw- -lu -VJ( Jul onai.uMU raluapduny r-kuuenaum enective April 4, ZU17 that includes the following: Procurement of products and maintenance in Band 4 — Servers Procurement of maintenance only of products in Band 1 — Desktops Procurement of maintenance only of products in Band 2 — Laptops Added 5/2/17 - Procurement of installation services for products in Band 4 - Servers Added 6/1/17 — Procurement of hardware and installation services in Band 5 - Storage All documentation is on file in OPS. Sales rep: George Suliin 11027088154622.1 WU MC q quote for your consideration! Total: $10,496.86 Based on your business needs, we put the following quote together to help with your purchase decision. Please review your quote details below, then contact your sales rep when you're ready to place your order. Quote number: Quote date: Quote expiration: 1027088154622.1 Jun. 22, 2018 Jul. 27, 2018 Company name: Customer number: Phone: CITY OF PADUCAH 15506244 (270) 444-8507 Sales rep information: Billing Information: George Suliin CITY OF PADUCAH George_Suliin@Dell.com 500 S 5TH ST (800)456-3355 PADUCAH Ext: 5132226 KY 42003-1531 Us (270) 444-8507 Pricing Summary Item Qty Unit Price Subtotal VLA VMWARE VSPHERE 6 ESSENTIALS PLUS KIT FOR 3 HOSTS MAX 2 $4,149.73 2 PROCESSORS PER HOST $8,299.46 VLA VMWARE PRODUCTION SNS VSPHERE 6 ESSENTIALS PLUS KIT 2 $1,098.70 $2,197.40 FOR 1 YEARS Subtotal: $10,496.86 Shipping: $0.00 Environmental Fees: $0.00 Non -Taxable Amount: $0.00 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $10,496.86 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page 1 © 2014 Delllnc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, 7X 78682. Sales rep: George Suliin 1 1027088154622.1 Dear Customer, Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors or desire certain changes please contact me as soon as possible. Regards, George Suliin Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order Page 2 © 2014 Dell Inc. U.S, only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Shipping Group 1 Shipping Contact: TAMMARA BROCK SKU Description Sales rep: George Suliin 1 1027088154622.1 Shipping phone: Shipping via: Shipping Address: (270) 444-8507 DELL Standard Delivery CITY OF PADUCAH 300 S 5TH ST PADUCAH KY 42003 US Qty Unit Price Subtotal VLA VMWARE VSPHERE 6 ESSENTIALS PLUS KIT FOR 3 HOSTS 2 $4,149.73 MAX 2 PROCESSORS PER HOST Contract No: 99AGZ Customer Agreement No: MHEC-07012015 A8262875 VLA VMWARE VSPHERE 6 ESSENTIALS PLUS KIT FOR 3 HOSTS 2 MAX 2 PROCESSORS PER HOST SKU Description Qty Unit Price VLA VMWARE PRODUCTION SNS VSPHERE 6 ESSENTIALS PLUS 2 $1,098.70 KIT FOR 1 YEARS Contract No: 99AGZ Customer Agreement No: MHEC-07012015 A8264586 VLA VMWARE PRODUCTION SNS VSPHERE 6 ESSENTIALS 2 PLUS KIT FOR 1 YEARS Subtotal: Shipping: Environmental Fees: Estimated Tax: Total: Page 3 0 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. $8,299.46 Subtotal $2,197.40 $10,496.86 $0.00 $0.00 $0.00 $10,496.86 Sales rep: George Sullin 1 1027088154622.1 Unless you have a separate written agreement that specifically applies to this order, your order is subject to Dell's Terms of Sale (for consumers the terms include a binding arbitration provision). Please see the legal disclaimers below for further information. Important Notes Terms of Sale Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: Dell's Terms of Sale (www.dell.com/learn/us/en/uscorpl/terms-of-sale), which include a binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.delt.com/returnpolicy) and Warranty (for Consumer warranties ; for Commercial warranties). If this purchase includes services: in addition to the foregoing applicable terms, the terms of your service contract will apply (Consumer;Commercial). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of the Dell -branded application software is subject to the Dell End User License Agreement - Type A (www.dell.com/AEULA) and use of the Dell -branded system software is subject to the Dell End User License Agreement - Type S www.delLcom/SEULA). If your purchase is for Mazy, in addition to the foregoing applicable terms, your use of the Mozy service is subject to the terms and conditions located at https://mozy.com/about/legal/terms. If this purchase is for (a) a storage product identified in the DELL EMC Satisfaction Guarantee Terms and Conditions located at http: / /www, emc.com/collateral/sales/dellemc-satisfaction-guarantee-terms-and-conditions_ex-gc. pdf ("Satisfaction Guarantee") and (ii) three (3) years of a ProSupport Service for such storage product, in addition to the foregoing applicable terms, such storage product is subject to the Satisfaction Guarantee. You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Please indicate any tax-exempt status on your P0, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 500-433-9023. Please ensure that your tax -exemption certificate reflects the correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax_Department®dell.com. For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment properly. Page 4 0 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Tory Parson 13000026263117. 1 DOLLEMC q quote for your consideration! Total: $90,240.62 Based on your business needs, we put the following quote together to help with your purchase decision. Please review your quote details below, then contact your sales rep when you're ready to place your order. Quote number: Quote date: Quote expiration: Solution ID: Deal ID: 3000026263117.1 Jun. 22, 2018 Jul. 22, 2018 9719374 16175668 Company name: Customer number: Phone: CITY OF PADUCAH 15506244 (270) 444-8507 Sales rep information: Tory Parson Tory_Parson@Dell.com (800) 456-3355 Ext: 5131457 Pricing Summary Billing Information: CITY OF PADUCAH 500 S 5TH ST PADUCAH KY 42003-1531 US (270)444-8507 Item Qty Unit Price Subtotal PowerEdge R640 - Primary Host Servers PowerEdge R640 - Backup Host Server Dell EMC SCv3020 - Primary Storage Array (SAN) Dell EMC SCv3020 - Backup Storage Array (SAN) 2 $10,352.56 $20,705.12 1 $10,352.56 $10,352.56 1 $31,362.27 $31,362.27 1 $27,820.67 $27,820.67 Subtotal: $90,240.62 Shipping: $0.00 Environmental Fees: $0.00 Non -Taxable Amount: $90,240.62 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $90,240.62 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page 1 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Agenda Action Form Paducah City Commission Meeting Date: 07/24/2018 Short Title: 911 Phase I Upgrade IT Software, Hardware, and licenses Purchase. []Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Ed McManus, Brent Stringer, Stephen Chino, Greg Dowdy, Michael Zidar, Matt Tinsley. Presentation By: Ed McManus Background Information: This is a combined purchase from DELL, Inc., of Phase I previously approved IT Software and Hardware necessary for on-going 911 CAD upgrade. Purchased items include system servers, storage arrays, operating system software and licenses. Software invoice is $10,496.86, Hardware invoice is $90,240.62 and Software Licenses invoice is $30,478.94, with total purchase of $131,216.42 Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: 911 Phase I Upgrade `�. fG �h Account Number: E91105-000-40000-40008 in cc Org. 40004001 Obj. 523070 Staff Recommendation: Approve municipal order for the purchase of IT Software & Hardware previously submitted as an identified need for Phase I CAD upgrade project costs. Attachments: Dell Quote # 1027088154622.1 Dell Quote # 3000026263117.1 Dell Quote # 1028273678029.1 � •Le' Ju g Patit7 a� Department Head City C rk City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE LUTHER F. CARSON FOUR RIVERS CENTER, INC. IN THE AMOUNT OF $59,425 FOR SPECIFIC SERVICES BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a contract with the Luther F. Carson Four Rivers Center Inc. in the amount of $59,425.00, to be paid in quarterly installments of $14,856.25 each, to provide an extensive youth performance schedule in continuing with their tradition of the "Class Act" series. This contract shall expire June 30, 2019. SECTION 2. This expenditure shall be charged to the Investment Fund, Account No. 24000401-580610. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 24, 2018 Recorded by Tammara S. Sanderson, City Clerk, July 24, 2018 Vno\contract-Carson Center FYI 8-19 CONTRACT FOR SERVICES This Contract for Services, effective this &eday of 2018, by and between the CITY OF PADUCAH ("City") and LUTHER F. CARSON OUR RIVERS CENTER, INC. WITNESSETH: WHEREAS, Luther F. Carson Four Rivers Center, Inc. will bring quality entertainment and cultural enrichment to Paducah and McCracken County; and WHEREAS, promoting cultural enrichment quality entertainment and providing community - enhancing activities, in the Paducah area serves a valid public purpose; and WHEREAS, the City of Paducah desires to contract with Luther F. Carson Four Rivers Center, Inc. for the services to be described herein under the terms and conditions set forth in this Contract for Services. NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as herein set forth, the parties do covenant and agree as follows: SECTION 1: TERM The term of this contract for services shall be from the effective date of the contract until June 30, 2019. SECTION 2: TERMINATION Either party may terminate this Contract for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT Inconsideration of providing a youth performance schedule and to carry out the objectives of Luther F. Carson Four Rivers Center, Inc., upon receipt of quarterly invoices, the City shall pay Luther F. Carson Four Rivers Center, Inc. the sum of Fifty -Nine Thousand Four Hundred Twenty -Five ($59,425) in quarterly installments of $14,856.25 each. The first quarterly payment shall be made by September 30, 2018. Subsequent quarterly payments will be held until the City receives an unqualified audit. Once the audit is received, payment shall be made by the end of each subsequent quarter. In the event this contract for services is terminated, the City shall not be obligated to make any further payments. SECTION 4: OBJECTIVES AND SERVICES - Luther F. Carson Four Rivers Center, Inc. shall provide an extensive youth perfonnance schedule in continuing with their tradition of the "Class Act" series, which over the past four seasons has brought in approximately 100,000 student visitors. SECTION 5: ACCOUNTING (A) Luther F. Carson Four Rivers Center, Inc. shall conduct all accounting, payroll, and financial management. (B) Luther F. Carson Four Rivers Center, Inc. shall supply an annual financial audit to the City within two (2) weeks of receiving same. (C) Prior to June 30, 2019, Luther F. Carson Four Rivers Center, Inc., shall furnish to the City a financial report that details the expenditure of the funds for the purposes specified in Section 3. SECTION 6: ENTIRE AGREEMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior agreements, both written and oral, between the parties. SECTION 7: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this Contract for Services, in the event it is determined that any funds provided to Luther F. Carson Four Rivers Center, Inc. are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Contract for Services without advance notice and shall have the right to all remedies provided in the law to seek reimbursement for all monies not properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH BRANDI HARLESS, Mayor LUTHER F. CARSON FO R RIVERS CENTER, INC. Name �a Title �11t�1} ! A2Fri -jj� Agenda Action Form Paducah City Commission Meeting Date: July 24, 2018 Short Title: Contract with Luther F. Carson Four Rivers Center ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Claudia Meeks Presentation By: James Arndt, City Manager Background Information: As part of the Investment Fund Decision Items for FY2019, the Commission approved appropriation of funding for the Luther F. Carson Four Rivers Center in the amount of $59,425. When the City provides funds to any organization, we prepare a simple Contract For Services agreement that describes the public services the organization will provide as a result of receiving the city funds. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: This expenditure was appropriated in the FY2019 Budget Account Name: Investment Fund t Account Number: 24000401-580610 ce Staff Recommendation: Authorize the Mayor to enter into a one-time Contract For Services with the Luther F. Carson Four Rivers Center in the amount of $59,425. Attachments: Municipal Order Contract Department Head City Jerk City Manager MUNICIPAL ORDER NO. r� 130 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PADUCAH AREA TRANSIT SYSTEM IN THE AMOUNT OF $215,000 FOR PUBLIC TRANSPORTATION SERVICES BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute a contract with Paducah Area Transit System in the amount of $215,000.00, to be paid in equal quarterly allocations of $53,750.00, for public transportation services for the Paducah/McCracken County area. This contract shall expire June 30, 2019. SECTION 2. This expenditure shall be charged to the General Fund, Account No.10000106-580080. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 24, 2018 Recorded by Lindsay Parish, City Clerk, July 24, 2018 \mokontract-PATS 2019 CONTRACT FOR SERVICES This Contract for Services, effective this day of 2018, by and between the CITY OF PADUCAH ("City") and PADUCAH TRANSIT AUTHORITY, ("PTA"). WITNESSETH.- WHEREAS, ITNESSETH: WHEREAS, the services of PTA as described herein are for the direct benefit of the citizens of the City of Paducah and McCracken County, and WHEREAS, providing transportation services to the citizens in the Paducah/McCracken area serves a valid public purpose; and WHEREAS, the City of Paducah desires to contract with PTA for the services to be described herein under the terms and conditions set forth in this Contract for Services. NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as herein set forth, the parties do covenant and agree as follows: SECTION 1: TERM The term of this contract for services shall be from the effective date of the contract until June 30, 2019. SECTION 2: TERMINATION Either party may terminate this Contract for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT In consideration of the administrative costs including compensation for personnel who carry out the objectives and services of PTA for services described herein, the City shall, upon receipt of an invoice, pay PTA Two Hundred Fifteen Thousand Dollars ($215,000) to be paid in equal quarterly allocations of $53,750 each. In the event this contract for services is terminated, the City shall not be obligated to make any further quarterly allocation payments. The first quarterly payment shall be made by September 30, 2018. Subsequent quarterly payments will be held until the City receives an unqualified audit. Once the audit is received, payment shall be made by the end of each subsequent quarter. In the event this contract for services is terminated, the City shall not be obligated to make any further payments. SECTION 4: OBJECTIVES AND SERVICES PTA shall perform the following services for and on behalf of the city in consideration for the allocation payments described above: • Provide safe public transportation to all citizens of Paducah/McCracken County. ® Provide handicap accessible transportation. • Provide trolley services. Provide maintenance for buses and trolleys. Provide Trolley for Downtown, Lowertown and Paducah Tours. It is understood and agreed that PTA shall retain the right to charge trolley riders during times of their choosing (such as Quilt Week, etc.) SECTION 5: ACCOUNTING (A) PTA shall conduct all accounting, payroll, financial management, and shall make regular reports of PTA expenditures to ensure such expenditures are proper. (B) City shall have the right to inspect the operations of PTA, including reviewing its books, records, ledgers, or other documents, without prior notice of said inspection. (C) PTA shall supply an annual financial audit to the City on or before October 31, 2018. The second quarterly payment shall not be made until the audit is received. SECTION 6: ENTIRE AGREEMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior agreements, both written and oral, between the parties. SECTION 7: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this Contract for Services, in the event it is determined that any funds provided to PTA are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Contract for Services without advance notice and shall have the right to all remedies provided in the law to seek reimbursement for all monies not properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH BRANDI HARLESS, Mayor PADUCAH AREA TRANSIITT SYSTEM By �oJ cY Title Page 2 Agenda Action Form Paducah City Commission Meeting Date: July 24, 2018 Short Title: Contract with Paducah Transit Authority ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Presentation By: Background Information: Claudia Meeks James Arndt, City Manager As part of the General Fund Decision Items for FY2019, the Commission approved appropriation of the sum of $215,000 to Paducah Area Transit System, to be paid in quarterly installments. When the City provides funds to any organization, we prepare a simple Contract For Services agreement that describes the public services the organization will provide as a result of receiving the city funds. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: This expenditure was appropriated in the FY2019 Budget. Account Name: General Fund Account Number: 10000106 580080 Staff Recommendation: Authorize the Mayor to enter into a one-time Contract For Services with Paducah Transit Authority in the amount of $215,000. Attachments: Municipal Order Contract De?rtment Head ty lerk City "Manager MUNICIPAL ORDER NO. L I 1 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PADUCAH JUNIOR COLLEGE, INC. IN THE AMOUNT OF $75,000 FOR THE TWO LOCATIONS OF THE PADUCAH SCHOOL OF ART BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a contract with Paducah Junior College, Inc. in the amount of $75,000, to be paid in equal quarterly allocations of $18,750. The funds will be used for operational expenses which shall include but not be limited to utilities, repairs and other operating expenses for the two locations of the Paducah School of Art located at 905 Harrison Street and 919 Madison Street. This contract shall expire June 30, 2019. SECTION 2. This expenditure shall be charged to the Investment Fund, Account No. 24000401-523070. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 24, 2018 Recorded by Lindsay Parish, City Clerk, July 24, 2018 \mo\ contract - Paducah Junior College fy18-19 (school of art) CONTRACT FOR SERVICES This Contract for Services, effective this day of , 2018, by and between the CITY OF PADUCAH ("City") and PADUCAH JUNIOR COLLEGE, INC. (PJC, hic.). WITNESSETH. WHEREAS, promoting arts education to students in the Paducah/McCracken County area and exposing them to post -secondary education serves a valid public purpose; and WHEREAS, improving the availability of art degrees to our community will both make the Paducah area more attractive to investors and enhance the life potential of individual students; and WHEREAS, the City of Paducah desires to contract with PJC, Inc., for the services to be described herein under the terms and conditions set forth in this Contract for Services. NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as herein set forth, the parties do covenant and agree as follows: SECTION 1: TERM The term of this contract for services shall be from the effective date of the contract until June 30, 2019. SECTION 2: TERMINATION Either party may terminate this Contract for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within thirty (3 0) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT In consideration of providing education and training and to carry out the objectives of PJC, Inc., the City shall pay PJC, Inc., the sum of SEVENTY-FIVE THOUSAND ($75,000) to be paid quarterly in equal amounts of $18,750 by the end of each quarter. PJC, Inc., shall provide invoices to the City of Paducah at the end of each quarter. In the event that this contract for services is terminated, the City shall not be obligated to make any further payments. SECTION 4: OBJECTIVES AND SERVICES - PJC, hie. will guarantee the City of Paducah that the $75,000 will be used in the operational expenses for the Paducah School of Art located at 905 Harrison Street and 919 Madison Street. These expenses shall include but not be limited to utilities, repairs and other operating expenses at the two locations of the Paducah School of Art. SECTION 5: ACCOUNTING (A) PJC, Inc., shall conduct all accounting, payroll, and financial management. (B) PJC, Inc., shall supply an annual financial audit to the City within two weeks of its completion. SECTION 6: ENTIRE AGREEMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior agreements, both written and oral, between the parties. SECTION 7: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this Contract for Services, in the event it is determined that any funds provided to PJC, Inc. are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Contract for Services without_ advance notice and shall have the right to all remedies provided in the law to seek reimbursement for all monies not properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH BRANDI HARLESS, Mayor PADUCAH JUNIOR COLLEGE, INC. Namer/YV�/vy�/ Title RIC PC e etil Agenda Action Form Paducah City Commission Meeting Date: July 24, 2018 Short Title: Contract with Paducah Junior College, Inc. — Paducah School of Art Funding ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Presentation By: Background Information: Claudia Meeks James Arndt, City Manager As part of the Investment Fund Decision Items for FY2019, the Commission approved appropriation of funding for the Paducah Junior College, Inc., Paducah School of Art in the amount of $75,000, to be paid quarterly. This expenditure will be used to pay for operational expenses for the school's two locations: 905 Harrison Street and 919 Madison Street. When the City provides funds to any organization, we prepare a simple Contract For Services agreement that describes the public services the organization will provide as a result of receiving the city funds. Goal: ❑Strong Economy ® Quality Services[] Vital Neighborhoods❑ Restored Downtowns Funds Available: This expenditure was appropriated in the FY2018 Budget. Account Name: Investment Fund y Account Number: 24000401-523070 ce " Staff Recommendation: ERi Authorize the Mayor to enter into a one-time Contract For Services with Paducah Junior College, Inc. in the amount of $75,000. Attachments: Municipal Order Contract 2epar=t Head City erk City Manage_ MUNICIPAL ORDER NO. `V V A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PADUCAH JUNIOR COLLEGE, INC. IN THE AMOUNT OF $125,000 FOR THE COMMUNITY SCHOLARSHIP PROGRAM BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a contract with Paducah Junior College, Inc. in the amount of $125,000 for the Community Scholarship Program. This contract shall expire June 30, 2019. SECTION 2. This expenditure shall be charged to the Investment Fund, Account No. 24000401-523070. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 24, 2018 Recorded by Lindsay Parish, City Clerk, July 24, 2018 \mo\ contract - Paducah Junior College fy 18-19 (community scholarship) CONTRACT FOR SERVICES This Contract for Services, effective this day of , 2018, by and between the CITY OF PADUCAH ("City') and PADUCAH JUNIOR COLLEGE, INC. (PJC, Inc.). WITNESSETH. WHEREAS, promoting education to students in the Paducah/McCracken County area and exposing them to post -secondary education serves a valid public purpose; and WHEREAS, improving the education level of our community's young people will both make the Paducah workforce more attractive to investors and employers and enhance the life potential of individual students; and WHEREAS, the City of Paducah desires to contract with PJC, Inc., for the services to be described herein under the terms and conditions set forth in this Contract for Services. NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as herein set forth, the parties do covenant and agree as follows: SECTION 1: TERM The term of this contract for services shall be from the effective date of the contract until June 30, 2019. SECTION 2: TERMINATION Either party may terminate this Contract for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT In consideration of providing education and training and to carry out the objectives of PJC, Inc., the City shall pay PJC, Inc., the sum of $125,000 in a one-time amount no later than June 30, 2019. PJC, hie., shall provide an invoice to the City of Paducah prior to payment being made. In the event that this contract for services is terminated, the City shall not be obligated to make any further payments. SECTION 4: OBJECTIVES AND SERVICES - PJC, Inc., will guarantee Paducah and McCracken County 8a' graders who meet prescribed standards through their final four years of high school, a tuition scholarship for up to sixty (60) hours of college credit at WKCTC. SECTION 5: ACCOUNTING (A) PJC, Inc, shall conduct all accounting, payroll, and financial management. (B) PJC, Inc., shall supply an annual financial audit to the City within two weeks of its completion. (C) PJC will provide a written financial report as of December 31st and June 30th during the term of this contract to the City Manager's Office by the 15th day of the 2nd month following the reporting date. The financial report, at minimum, shall disclose the dollar amounts that the City, County and others (each shown separately) have contributed to the PJC for the Community Scholarship program by fiscal year and the interest earned thereon. The report shall fully disclose how funds were used by fiscal year and purpose. SECTION 6: ENTIRE AGREEMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior agreements, both written and oral, between the parties. SECTION 7: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this Contract for Services, in the event it is determined that any funds provided to PJC, Inc. are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Contract for Services without advance notice and shall have the right to all remedies provided in the law to seek reimbursement for all monies not properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH BRANDI HARLESS, Mayor PADUCAH JUNIOR COLLEGE, INC. Agenda Action Form Paducah City Commission Meeting Date: July 24, 2018 Short Title: Contract with Paducah Junior College, Inc. — Community Scholarship Program ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Presentation By: Background Information: Claudia Meeks James Arndt, City Manager As part of the Investment Fund Decision Items for FY2019, the Commission approved appropriation of funding for the Paducah Junior College, Inc., scholarship program in the amount of $125,000, to be paid by June 30, 2019. When the City provides funds to any organization, we prepare a simple Contract For Services agreement that describes the public services the organization will provide as a result of receiving the city funds. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods[] Restored Downtowns Funds Available: This expenditure was appropriated in the FY2019 Account Name: Investment Fund Account Number: 24000401 523070 Staff Recommendation: Budget. Is ance Authorize the Mayor to enter into a one-time Contract For Services with Paducah Junior College, Inc. in the amount of $125,000. Attachments: Municipal Order Contract Department Head City Jerk City Manager ORDINANCE NO. 2018- q -� AN ORDINANCE DECLARING THE CITY OF PADUCAH'S INTENT TO ANNEX CERTAIN PROPERTIES LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTIES TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, the properties intended to be annexed, approximately 69.83 acres of land between Harris Road and KY Highway 998 (Olivet Church Road), is contiguous to the City of Paducah; and WHEREAS, said properties are generally referred to as Tract No. I which includes 5201 Hinkleville Road, 5325 Hinkleville Road and 5310 Harris Road, Tract No. 2, Tract No. 3, Tract No. 4 also known as 2705 Olivet Church Road, Tract No. 5 and Tract No. 6, and particularly and accurately set out in the legal descriptions below; and WHEREAS, said properties are urban in character or suitable for urban development without unreasonable delay as many of the residential and commercial lots in the area are in receipt of city services; and WHEREAS, annexation has been requested by the following property owners: Nancy Bergfield for the property located at 5201 Hinkleville Road, Alberta Davis for properties located at 5310 Harris Road and 5325 Hinkleville Road, and Falconite Real Estate Holdings, LLC, for the property located at 2705 Olivet Church Road and Tracts 2 & 3 as described below; and WHEREAS, not all of the real property owners within the territory proposed to be annexed have given their consent to be annexed and the City of Paducah is pursuing the annexation of Tract No. 5 and Tract No. 6; and, WHEREAS, said tracts of land are not within the boundary of another incorporated city. KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. It is the intent of the City of Paducah, Kentucky, to annex 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: CITY OF PADUCAH ANNEXATION LEGAL DESCRIPTION - TRACT 1 A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located along U.S. Highway 60 (a.k.a. Hinkleville Road), Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point at U.S. Highway 60's north right-of-way line and KY Highway 998's (a.k.a. Olivet Church Road) west right-of-way line intersection, said point also being at the corner of the existing City of Paducah limits; Thence with the existing City of Paducah limits line N77°28'38"E a distance of 251.97 ft. to a point, said point also being the corner of the McCracken County limits; Thence with the new City of Paducah limits line N72°06'44"E a distance of 85.47 ft. to a point, said point also being the corner of the existing City of Paducah limits; Thence with the existing City of Paducah limits S18°56'07"E a distance of 164.61 ft. to a point, said point also being in U.S. Highway 60's south right-of-way line; Thence with U.S. Highway 60's south right-of-way line and with the existing City of Paducah limits S71°03'53"W a distance of 135.53 ft. to a point, said point also being at U.S. Highway 998's east right-of-way line intersection; Thence continuing with the existing City of Paducah limits S65°04'01"W a distance of 383.97 ft. to a point, said point also being at U.S. Highway 998's west right-of-way line intersection; Thence continuing with the U.S. Highway 60's south right-of-way line S72°55'57"W a distance of 178.56 ft. to a point, said point also being at the comer of the existing City of Paducah limits; Thence with the new City of Paducah limits line and with U.S. Highway 60's south right- of-way line S73°02'50"W a distance of 173.41 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's south right-of-way line S73'1 1'48"W a distance of 139.12 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's south right-of-way line S73°16'26"W a distance of 187.61 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's south right-of-way line S76°47'01 "W a distance of 210.84 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's south right-of-way line S06'1 8'02"W a distance of 47.01 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's south right-of-way line S75°57'49"W a distance of 66.42 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's south right-of-way line N10°51'58"W a distance of 50.00 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's south right-of-way line S76°32'31"W a distance of 91.38 ft. to a point; Thence with the new City of Paducah limits line and now being Old U.S. Highway 60's south right-of-way line S71 °02' 16"W a distance of 276.18 ft. to a point; Thence with the new City of Paducah limits line and continuing with Old U.S. Highway 60's south right-of-way line S70°54'44"W a distance of 83.81 ft. to a point; Thence with the new City of Paducah limits line and continuing with Old U.S. Highway 60's south right-of-way line S71 °04' 10"W a distance of 791.66 ft. to a point; Thence with the new City of Paducah limits line and leaving Old U.S. Highway 60's south right-of-way line N18°55'50"W a distance of 63.95 ft. to a point, said point also being in the above said highway's north right-of-way line; Thence with the new City of Paducah limits line N13°25'51"W a distance of 217.52 ft. to a point, said point also being in U.S. Highway 60's south right-of-way line; Thence with the new City of Paducah limits line and with U.S. Highway 60's south right- of-way line N86°10'02"E a distance of 176.43 ft. to a point; Thence with the new City of Paducah limits line and leaving U.S. Highway 60's south right-of-way line S22058'40"W a distance of 47.18 ft. to a point; Thence with the new City of Paducah limits line S06°15' 15"E a distance of 139.38 ft. to a point, said point also being in Old U.S. Highway 60's north right-of-way line; Thence with the new City of Paducah limits line and with Old U.S. Highway 60's north right-of-way line N70°20'57"E a distance of 243.88 ft. to a point; Thence with the new City of Paducah limits line and continuing with Old U.S. Highway 60's north right-of-way line N71°09'57"E a distance of 450.86 ft. to a point, said point also being in U.S. Highway 60's south right-of-way line; Thence with the new City of Paducah limits line and with U.S. Highway 60's south right- of-way line N77°52'25"E a distance of 68.99 ft. to a point; Thence with the new City of Paducah limits line and leaving U.S. Highway 60's south right-of-way line NO3°53'28"W a distance of 216.26 ft. to a point, said point also being in U.S. Highway 60's north right-of-way line; Thence with the new City of Paducah limits line and with U.S. Highway 60's north right- of-way line N86°06'32"E a distance of 217.94 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's north right-of-way line NI 0'36'30"W a distance of 43.00 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's north right-of-way line N52'1 6'09"E a distance of 111.47 ft. to a point, said point also being the CC Crossroads LLC property's (recorded in Deed Book 1338, Page 179) southwest corner; Thence with the new City of Paducah limits line, leaving U.S. Highway 60's north right- of-way line and with the above said property's west line N32024'52"W a distance of 429.19 ft. to a point, said point also being the above said property's northwest corner; Thence with the new City of Paducah limits line and with the above said property's north line N29°35'08"E a distance of 148.00 ft. to a point, said point also being the above said property's northeast corner; Thence with the new City of Paducah limits line and with the above said property's east line S36°31'43"E a distance of 651.68 ft. to a point, said point also being in U.S. Highway 60's north right-of-way line; Thence with the new City of Paducah limits line and with U.S. Highway 60's north right- of-way line N78°04'28"E a distance of 272.62 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's north right-of-way line N37°54'28"W a distance of 30.93 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's north right-of-way line N72°05' 56"E a distance of 54.83 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's north right-of-way line S39°59' 10"E a distance of 37.97 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's north right-of-way line N673 1'23"E a distance of 98.33 ft. to a point; Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's north right-of-way line N68°09'39"E a distance of 160.00 ft. to a point, said point also being NLB Properties, Inc. property's (recorded in Deed Book 1253, Page 581) southwest corner; Thence with the new City of Paducah limits line, leaving U.S. Highway 60's north right- of-way line, with the above said property's west line and with CC Crossroads, LLC property's (recorded in Deed Book 1225, Page 189) south line N38°40' 10"W a distance of 600.57 ft. to a point; Thence with the new City of Paducah limits line and with the above said property's south line N67°52' 10"W a distance of 203.62 ft. to a point, said point also being the above said property's southwest corner; Thence with the new City of Paducah limits line and with the above said property's west line N21°08'06"E a distance of 144.46 ft. to a point, said point also being in Harris Road's south right-of-way line; Thence with the new City of Paducah limits line and with Harris Road's south right-of- way line S68°53'39"E a distance of 558.90 ft. to a point, said point also being the above said property's northeast corner and being the corner of the existing City of Paducah limits; Thence with the existing City of Paducah limits, leaving Harris Road's south right-of- way line and with the above said property's east line S21°06'21"W a distance of 177.57 ft. to a point, said point also being the NLB Properties, Inc. property's (recorded in Deed Book 1253, Page 581) northwest corner and being the corner of the existing City of Paducah limits; Thence with the existing City of Paducah limits and with the above said property's north line S68°53'39"E a distance of 323.62 ft. to a point, said point also being in KY Highway 998's west right-of-way line; Thence with the above said highway's west right-of-way line and with the existing City of Paducah limits S 14°32'39"W a distance of 112.62 ft. to the Point of Beginning; The above described Tract contains 17.30 acres. The above described tract is the entire CC Crossroads, LLC property (recorded in Deed Book 1338, Page 179), the entire CC Crossroads, LLC property (recorded in Deed Book 1225, Page 189), the entire NLB Properties, Inc. property (recorded in Deed Book 1253, Page 581), a part of Commonwealth of Kentucky - U.S. Highway 60 right-of-way and a part of Commonwealth of Kentucky — Old U.S. Highway 60 right-of-way, The above described Tract is not for Land Title Transfer but for annexation proposes only. CITY OF PADUCAH ANNEXATION LEGAL DESCRIPTION - TRACT 2 A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located along U.S. Highway 60 (a.k.a. Hinkleville Road) and Old U.S. Highway 60, Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point at Old U.S. Highway 60's south right-of-way line and Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1321, Page 672) northwest property corner; Thence with the above said Old U.S. Highway 60's south right-of-way line and with the new City of Paducah limits line N71 °04' 10"E a distance of 882.35 ft. to a point; Thence with the new City of Paducah limits line and leaving Old U.S. Highway 60's south right-of-way line S 18°55'50"E a distance of 249.95 ft. to a point; Thence with the new City of Paducah limits line N71 °04' 10"E a distance of 80.13 ft. to a point; Thence with the new City of Paducah limits line N71°02'06"E a distance of 64.20 ft. to a point; Thence with the new City of Paducah limits line N78°21'09"E a distance of 116.55 ft. to a point; Thence with the new City of Paducah limits line N06'56'1 8"E a distance of 229.63 ft. to a point, said point also being in U.S. Highway 60's south right-of-way line; Thence with the new City of Paducah limits line and with U.S. Highway 60's south right- of-way line N75°57'49"E a distance of 66.42 ft. to a point; Thence with the new City of Paducah limits line and leaving U.S. Highway 60's south right-of-way line S06'56'1 8"W a distance of 200.79 ft. to a point; Thence with the new City of Paducah limits line S35°14'28"E a distance of 95.18 ft. to a point; Thence with the new City of Paducah limits line S 16°43'27"W a distance of 122.94 ft. to a point; Thence with the new City of Paducah limits line N73°20'06"W a distance of 43.26 ft. to a point; Thence with the new City of Paducah limits line S06049'09"W a distance of 252.92 ft. to a point; Thence with the new City of Paducah limits line S06°34'47"W a distance of 124.52 ft. to a point; Thence with the new City of Paducah limits line S07°34'25"W a distance of 99.27 ft. to a point; Thence with the new City of Paducah limits line S69°15'29"E a distance of 141.18 ft. to a point; Thence with the new City of Paducah limits line S22°50' 10"W a distance of 557.92 ft. to a point; Thence with the new City of Paducah limits line S22°50'53"E a distance of 75.02 ft. to a point; Thence with the new City of Paducah limits line N582 1'49"W a distance of 65.49 ft. to a point; Thence with the new City of Paducah limits line N11°52'22"W a distance of 100.11 ft. to a point; Thence with the new City of Paducah limits line N15°18' 13"E a distance of 309.16 ft. to a point; Thence with the new City of Paducah limits line N32°41'50"W a distance of 371.77 ft. to a point; Thence with the new City of Paducah limits line N68°37' 12"W a distance of 224.36 ft. to a point; Thence with the new City of Paducah limits line S71°04' 10"W a distance of 335.34 ft. to a point; Thence with the new City of Paducah limits line S21°33'58"W a distance of 316.94 ft. to a point; Thence with the new City of Paducah limits line S46°00' 54"W a distance of 111.21 ft. to a point; Thence with the new City of Paducah limits line N68°26'04"W a distance of 364.16 ft. to a point; Thence with the new City of Paducah limits line N04°03'01"E a. distance of 152.34 ft. to a point; Thence with the new City of Paducah limits line N71°08'13"E a distance of 100.09 ft. to a point; Thence with the new City of Paducah limits line N04°03' 16"E a distance of 435.81 ft. to the Point of Beginning; The above described Tract contains 21.76 acres. The above described tract is a part of the Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1321, Page 672) The above described Tract is not for Land Title Transfer but for annexation proposes only. CITY OF PADUCAH ANNEXATION LEGAL DESCRIPTION - TRACT 3 A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located along the west side of U.S. Highway 998 (a.k.a. Olivet Church Road), Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point at U.S. Highway 998's west right-of-way line and Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1321, Page 542) northeast property corner; Thence with the above said U.S. Highway 998's west right-of-way line and with the new City of Paducah limits line S22°27'55"W a distance of 75.01 ft. to a point; Thence with the new City of Paducah limits line and leaving U.S. Highway 998's west right-of-way line N68°36' 15"W a distance of 399.14 ft. to a point; Thence with the new City of Paducah limits line N22'50'53"E a distance of 75.02 ft. to a point; Thence with the new City of Paducah limits line S68°36' 15"E a distance of 398.64 ft. to the Point of Beginning; The above described Tract contains 0.69 acres. The above described tract is the Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1321, Page 542) The above described Tract is not for Land Title Transfer but for annexation proposes only. CITY OF PADUCAH ANNEXATION LEGAL DESCRIPTION - TRACT 4 A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.0445 and being generally located along the west side of KY Highway 998 (a.k.a. Olivet Church Road), Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point at KY Highway 998's old east right-of-way line, said point also being on the existing City of Paducah limits; Thence leaving the above said KY Highway 998's old east right-of-way line and with the new City of Paducah limits line N73°35'45"W a distance of 237.27 ft. to a point, said point also being Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1326, Page 586) southwest property corner; Thence with the new City of Paducah limits line and with the above said property's west line N21°35'48"E a distance of 232.41 ft. to a point; Thence with the new City of Paducah limits line and with the above said property's north line S74°44'54"E a distance of 191.36 ft. to a point, said point also being in the above said highway's west right-of-way line; Thence with the new City of Paducah limits line and with the above said highway's west right-of-way line N27°58'59"E a distance of 151.98 ft. to a point; Thence with the new City of Paducah limits line and continuing with the above said highway's west right-of-way line N30°12'43"E a distance of 242.72 ft. to a point, said point also being on the existing City of Paducah limits; Thence with the existing City of Paducah limits and leaving the above said highway's west right-of-way line S67°19'00"E a distance of 45.53 ft. to a point, said point also being in the above said highway's old east right-of-way line and at the corner of the City of Paducah limits; Thence with the existing City of Paducah limits and with the above said highway's old east right-of-way line S22°36'59"W a distance of 618.55 ft. to the Point of Beginning; The above described Tract contains 2.13 acres. The above described tract is the Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1326, Page 586) and a part of the Commonwealth of Kentucky - U.S. Highway 998's right-of-way The above described Tract is not for Land Title Transfer but for annexation proposes only. CITY OF PADUCAH ANNEXATION LEGAL DESCRIPTION - TRACT 5 A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located west of U.S. Highway 998 (a.k.a. Olivet Church Road), Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point, said point being at the northeast comer of the Menard, Inc. property (recorded in Deed Book 1366, Page 509), said point also being the southeast comer of the Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1321, Page 672) and the northwest corner of the West Union Baptist Association, Inc. property (recorded in Deed Book 922, Page 739); Thence with the above said West Union Baptist Association, Inc.'s property west line S22°50'41"W a distance of 339.79 ft. to a point, said point also being the northeast corner of the Charles Stephenson property (recorded in Deed Book 910, Page 244); Thence with the above said Charles Stephenson's property north line N68°26'04"W a distance of 1235.32 ft. to a point, said point being also being the southeast comer of the Alford Crawford property (recorded in Deed Book 980, Page 398); Thence with the above said Alford Crawford's property east line N04°03'01"E a distance of 338.15 ft. to a point, said point being also being the southwest corner of the above said Falconite Real Estate Holdings, LLC property; Thence with the above said Falconite Real Estate Holdings, LLC's property south line S68°26'04"E a distance of 364.16 ft. to a point; Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south line N46°00'54"E a distance of 111.21 ft. to a point; Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south line N21°33'58"E a distance of 316.94 ft. to a point; Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south line N71°04' 10"E a distance of 335.34 ft. to a point; Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south line S68°37' 12"E a distance of 224.36 ft. to a point; Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south line S32°41'50"E a distance of 371.77 ft. to a point; Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south line S 15018'13"W a distance of 309.16 ft. to a point; Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south line SI1°52'22"E a distance of 100.11 ft. to apoint; Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south line S58°21'49"E a distance of 65.49 ft. to the Point of Beginning; The above described Tract contains 19.95 acres. The above described tract is the entire Menard, Inc. property (recorded in Deed Book 1366, Page 509), The above described Tract is not for Land Title Transfer but for annexation proposes only. CITY OF PADUCAH ANNEXATION LEGAL DESCRIPTION - TRACT 6 A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located along U.S. Highway 60 (a.k.a. Hinkleville Road), Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point at U.S. Highway 60's north right-of-way line, said point also being at the southeast corner of the Harriett S. Reed, Trustee of the Walter R. Reed Trust B under the Walter R. Reed and Harriett S. Reed Revocable Living Trust Agreement property (recorded in Deed Book 1198, Page 432), said point also being the southwest corner of the Walter Reed property (recorded in Deed Book 1263, Page 436); Thence with the above said Walter Reed's property west line N3224'1 I"E a distance of 338.25 ft. to a point; Thence continuing with the above said Walter Reed's property west line N32°24'46"E a distance of 259.75 ft. to a point, said point being also being the northwest corner of the CC Crossroads, LLC property (recorded in Deed Book 1338, Page 179); Thence with the above said CC Crossroads LLC's property west line N29°35'08"E a distance of 109.74 ft. to a point, said point being also being the southeast corner of the Harriett Reed property (recorded in Deed Book 1198, Page 432); Thence with the above said Harriett Reed's property south line and James L. Stanley property (recorded in Deed Book 219, Page 526) south line N65°17'14"W a distance of 496.26 ft. to a point, said point being also being the northeast corner of the Walter R. Reed and Harriett S. Reed, as co -trustees of the Walter R. Reed and Harriett S. Reed Revocable Living Trust Agreement property (recorded in Deed Book 1065, Page 634); Thence with the above said Walter R. Reed and Harriett S. Reed, as co -trustees of the Walter R. Reed and Harriett S. Reed Revocable Living Trust Agreement's property east line S22°33'46"W a distance of 620.75 ft. to a point, said point being also being the northeast corner of the Cole TS Paducah KY, LLC property (recorded in Deed Book 1070, Page 684); Thence with the above said Cole TS Paducah KY, LLC's property east line S23'01'1 8"W a distance of 287.33 ft. to a point, said point being the above said highway's north right- of-way line; Thence with the above said highway's north right-of-way line N85°59'21"E a distance of 427.73 ft. to the Point of Beginning; The above described Tract contains 8.00 acres. The above described tract is the entire Harriett S. Reed, Trustee of the Walter R. Reed Trust B under the Walter R. Reed and Harriett S. Reed Revocable Living Trust Agreement property (recorded in Deed Book 1198, Page 432), The above described Tract is not for Land Title Transfer but for annexation proposes only. SECTION 2. The City of Paducah hereby declares it desirable to annex the properties 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. Mayor ATTEST: City Clerk Introduced by the Board of Commissioners, June 26, 2018 Adopted by the Board of Commissioners, Recorded by Paducah City Clerk, Published by The Paducah Sun, \ord\plan\annex — intent Hinkleville Harris Olivet Church Road Agenda Action Form Paducah City Commission Short Title: Annex various properties West of Paducah ® Ordinance ❑ Emergency Staff Work by: Presentation by: Background Information: ❑ Municipal Order Joshua P. Sommer Tammara Tracy Meeting Date: June 26, 2018 ❑ Resolution ❑ Motion The intent of this agenda item is to annex six tracts of land and adjacent Hinkleville Road & Olivet Church Road Right -of -Way into the City of Paducah. Ms. Nancy Bergfleld has requested the annexation of 5201 Hinkleville Road into the City via letter dated May 7, 2018. Ms. Alberta Davis has requested the annexation of 5310 Harris Road and 5325 Hinkleville Road into the City via letter dated March 16, 2018. Falconite Real Estate Holdings, LLC has requested the annexation of Tracts 2 & 3 as shown on the annexation plat and also 2705 Olivet Church Road into the City via letter dated May 7, 2018. The City of Paducah is also pursuing annexation of Tracts 5 & 6 as shown on the annexation plat in order to facilitate growth and enhance the economy of the City of Paducah. Goal: ® Strong Economy ❑ Quality Services ® Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: N/A Account Number: N/A Finance Staff Recommendation: Approval Attachments: Annexation request letters, Legal Descriptions, Annexation Plat lepartme a City Cl Frk jE&gerl AAF -- Menards REV 11/10/17 Page 1 May 2, 2018 Rick Murphy, P.E. City Engineer & Public Works Director RECEIVED City of Paducah Engineering Department 300 South 50i Street MAY 0 i 2016 Paducah, Kentucky 42003 ENGINEERING Re: Annexation of Falconite Real Estate Holdings, LLC Property DEPARTMENT Located South of U. S. 60 and West of Kentucky State Route 998 Dear Mr. Murphy: Falconite Real Estate Holdings, LLC, is requesting, subject to and contingencies set forth herein, annexation of the above referenced properties in McCracken County and as more particularly described on Exhibits "A" and `B" attached. This request for annexation is being made pursuant to KRS 81A.412, wherein the City elects "to establish the zoning for the new territory pursuant to KRS 100.209 prior to the completion of annexation under this section." KRS 100.209 provides, in part, as follows: "Amendment of comprehensive plan prior to Annexation permitted -Land use management regulation in newly annexed or reclassified Territory. (1) When a city which has adopted zoning or other land regulations pursuant to this chapter proposes to annex unincorporated or accept the transfer of incorporated territory, it may amend comprehensive plan and official zoning map to incorporate and establish zoning or other land use regulations for the property proposed for annexation or transfer prior to adoption of the ordinance of annexation or transfer..." The subject properties are in the County and zoned "Commercial." Falconite Real Estate Holdings, LLC, does not want the properties annexed into the City of Paducah until and unless the properties referenced herein are first zoned "HBD" Highway Business District. In accordance with our conferences, you have acknowledged that the above referenced zoning condition is your understanding of our position on annexation. Please advise if you have any questions or if we may be of further assistance. The undersigned % s reviewed and roved this request for annexation. AB �U /Date: - — g orized Member Page 2 EXHIBIT A CITY OF PADUCAH ANNEXATION LEGAL DESCRIPTION - TRACT 2 A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located along U.S. Highway 60 (a.k.a. Hinkleville Road) and Old U.S. Highway 60, Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point at Old U.S. Highway 60's south right-of-way line and Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1321, Page 672) northwest property comer; Thence with the above said Old U.S. Highway 60's south right-of-way line and with the new City of Paducah limits line N71 °04' 10"E a distance of 882.35 ft. to a point; Thence with the new City of Paducah limits line and leaving Old U.S. Highway 60's south right-of- way line Sl 8'55'50"E a distance of 249.95 ft. to a point; Thence with the new City of Paducah limits line N71°04' 10"E a distance of 80.13 ft. to a point; Thence with the new City of Paducah limits line N7 1'02'06"E a distance of 64.20 ft. to a point; Thence with the new City of Paducah limits line N78°21'09"E a distance of 116.55 ft. to a point; Thence with the new City of Paducah limits line N06°56' 18"E a distance of 229.63 ft. to a point, said point also being in U.S. Highway 60's south right-of-way line; Thence with the new City of Paducah limits line and with U.S. Highway 60's south right-of-way line N75°57'49"E a distance of 66.42 ft. to a point; Thence with the new City of Paducah limits line and leaving U.S. Highway 60's south right-of-way line S06'56'1 8"W a distance of 200.79 ft. to a point; Thence with the new City of Paducah limits line S35°14'28"E a distance of 95.18 ft. to a point; Thence with the new City of Paducah limits line S 16°43'27"W a distance of 122.94 ft. to a point; Thence with the new City of Paducah limits line N73°20'06"W a distance of 43.26 ft. to a point; Thence with the new City of Paducah limits line S06°49'09"W a distance of 252.92 ft. to a point; Thence with the new City of Paducah limits line S06°34'47"W a distance of 124.52 ft. to a point; Thence with the new City of Paducah limits line S07°34'25"W a distance of 99.27 ft. to a point; Thence with the new City of Paducah limits line S69°15'29"E a distance of 141.18 ft. to a point; Thence with the new City of Paducah limits line S22'50'1 0"W a distance of 557.92 ft. to a point; Thence with the new City of Paducah limits line S22°50'53"E a distance of 75.02 ft. to a point; Thence with the new City of Paducah limits line N58°21'49"W a distance of 65.49 ft. to a point; Thence with the new City of Paducah limits line Nl 1°52'22"W a distance of 100.11 ft. to a point; Thence with the new City of Paducah limits line N15'1 8' 13"E a distance of 309.16 ft. to a point; Thence with the new City of Paducah limits line N32°41'50"W a distance of 371.77 ft. to a point; Thence with the new City of Paducah limits line N68°37' 12"W a distance of 224.36 ft. to a point; Thence with the new City of Paducah limits line S71 °04' 10"W a distance of 335.34 ft. to a point; Thence with the new City of Paducah limits line S21033'58"W a distance of 316.94 ft. to a point; Thence with the new City of Paducah limits line S46°00' S4"W a distance of 111.21 ft. to a point; Thence with the new City of Paducah limits line N68°26'04"W a distance of 364.16 ft. to a point; Thence with the new City of Paducah limits line N04°03'01"E a distance of 152.34 ft. to a point; Thence with the new City of Paducah limits line N71'08'1 3"E a distance of 100.09 ft. to a point; Thence with the new City of Paducah limits line N04'03'1 6"E a distance of 435.81 ft. to the Point of Beginning; Page 3 The above described Tract contains 21.76 acres. The above described tract is a part of the Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1321, Page 672) The above described Tract is not for Land Title Transfer but for annexation proposes only. CITY OF PADUCAH ANNEXATION LEGAL DESCRIPTION - TRACT 3 A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located along the west side of U.S. Highway 998 (a.k.a. Olivet Church Road), Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point at U.S. Highway 998's west right-of-way line and Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1321, Page 542) northeast property corner; Thence with the above said U.S. Highway 998's west right-of-way line and with the new City of Paducah limits line S22°27'55"W a distance of 75.01 ft. to a point; Thence with the new City of Paducah limits line and leaving U.S. Highway 998's west right-of-way line N68°36' 15"W a distance of 399.14 ft. to a point; Thence with the new City of Paducah limits line N22°50' 53"E a distance of 75.02 ft. to a point; Thence with the new City of Paducah limits line S68°36' 15"E a distance of 398.64 ft. to the Point of Beginning; The above described Tract contains 0.69 acres The above described tract is the Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1321, Page 542) The above described Tract is not for Land Title Transfer but for annexation proposes only. Page 4 EXHIBIT B CITY OF PADUCAH ANNEXATION Deed Book 1326 Page 586 - EK RISIT S MCCRACKEN COUNTY D1326 PG586 -.aY - DEED OF CONVEYANCE T' IIS DEED made and entered into this the 27 day of jgLj 2016, by and between MCCRACKEN COUNTY EXTENSION DISTRICT BOARD, of 2705 OUvet Church Road, Paducah, KY 42001; hereinafter called Grantor, and FALCONITE REAL ESTATE HOLDINGS, LLC, a Kentucky limited liability company, of 2690 Olivet Church Road, Paducah, KY 42001, hereinafter called Grantee; WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of $790,000.00, cash in - ati paid by t. -a Grantee to the Grantor, the receipt of which is hereby acknowledged, Grantor st_d raid doe. ;, these presents grant, bargain, sell, alien and convey unto the Grantee, its successors and assigns forever, together with all the improvements, appurtenances and rights ' thereunto belonging, the following described property, lying and being in McCracken County, Kentucky, and more particularly described as follows: BEING 1.5610 ACRES AS SHOWN ON THE WAIVER OF SUBDIVISION ' PLAT FOR 1.1. POTTER AND RECORDED 1N PLAT SECTION K, PAGE , _Za, MCCRACKEN COUNTY COURT CLERK'S OFFICE'—"—" LESS AND EXCEPT: THAT CERTAIN PARCEL OR PARCELS OF LAND CONVEYED TO THE COMMONWEALTH OF KENTUCKY FOR THE USE �. AND B19NEFIT OF THE DEPARTMENT OF HIGHWAYS BY DEED DATED DECEMBER 11, 1992, OF RECORD IN DEED BOOK 753, PAGE , 336, MCCRACKEN COUNTY COURT CLERK'S OFFICE. BEING THE SAME PROPERTY CONVEYED TO MCCRACKEN COUNTY EXTENSION DISTRICT BOARD BY DEED DATED MAY 6, 2014, OF - RECORD IN DEED BOOK 1276, PAGE 720, MCCRACKEN COUNTY COURTCbERK'S OFFICE. 70 HAVE AND TO HOLD the same, together with all improvements thereon and all rights and appurtenances thereunto pertaining unto Grantee, its successors and assigns Page 1 May 2, 2018 Rick Murphy, P.E. R ZC City Engineer & Public Works Director / `/�® City of Paducah Engineering Department 1W . 300 South 5`h Street 08,20 Paducah, Kentucky 42003 FNG//y 18 DFpgR�'0 �G Re: Annexation of NLB Properties, Inc. Property (a.k.a. Finish Line Car Wash) Located North of U. S. 60 and West of Kentucky State Route 998 Dear Mr. Murphy: NLB Properties, Inc. is requesting, subject to and contingencies set forth herein, annexation of the above referenced properties in McCracken County and as more particularly described in Deed Book 1253 Page 581 as Exhibit A, attached. This request for annexation is being made pursuant to KRS 81A.412, wherein the City elects "to establish the zoning for the new territory pursuant to KRS 100.209 prior to the completion of annexation under this section." I{RS 100.209 provides, in part, as follows: "Amendment of comprehensive plan prior to Annexation permitted -Land use management regulation in newly annexed or reclassified Territory. (1) When a city which has adopted zoning or other land regulations pursuant to this chapter proposes to annex unincorporated or accept the transfer of incorporated territory, it may amend comprehensive plan and official zoning map to incorporate and establish zoning or other land use regulations for the property proposed for annexation or transfer prior to adoption of the ordinance of annexation or transfer..." The subject property is in the County and zoned "Commercial." NLB Properties, Inc. does not want the property annexed into the City of Paducah until and unless the property referenced herein is first zoned "HBD" Highway Business District. In accordance with our teleconferences, you have acknowledged that the above referenced zoning condition is your understanding of our position on annexation. Please advise if you have any questions or if we may be of further assistance. The undersigned has reviewed and approved this request for annexation. By t'U Date: �b - -7 " le Au onze epresen i e Page 2 EXHIBIT A Deed Book 1253 Page 581 DS vzs3 .—DEED�xH-T- TAX $Q�I�G —DEED— THIS E E D: THIS DEED, made andentered into on this the 2' t+4ay of April, 2013, by and between ALBERTADAVIS- and her husband, MARSHALL DAVIS of 7 Wesivale, Paducah, Kentucky 42001 and LONGBOAT HOLDINGS, LLC, a Delaware limited liability company with its mailing address it 130 Memorial Drive, Paducah, Kentucky 42001, hereinafter referred to as "Grantors"; and NLS PROPERTIES, LLC with its mailing. address. at 3516 Clerks River Road, Paducah,. Kentucky. 420.03, which is also thein-care-. of address to which the property, tax bili for the year in which the property is transferred'. mav:besent. hereinafter referred to as "Grantee-: 'W'I'TN ES$E'TW THAT FOR AND IN TOTAL CONSIDERATION of $936.714.00, cash in hand paid„ the receipt and sufficiency of which are hereby acknowledged, the Grantors have. bargained and sold and do hereby grant,: sell and convey unto the Grantee, Its successors and assigns forever,;all of the following real property located in McCracken County, Kentucky, and more particularly described as follows, to -wit; BEING TRACT 2, FRONTING U.S. HIGHWAY 00 AND CONTAINING 1.536 ACRES, MORE OR LESS; AS SHOWN ON THE WAIVER OF __.. .. SUBDIVISION PLAT OF RECORD IN PLAT SECTION "M", PAGE 533,: MCCRACKEN COUNTY CLERK'S'. OFFICE Being in all respects the :same property conveyed: to Alberta Davis and Longboat Holdings, LLC by Deed dated April 26,'2013, of record In Deed 12,53. Page, 3$1„ NIcC'rabkep County Clerls"a Ofim See also;. Restrld—ve Covenant and Easement Declaration antl Road Maintenance of record ta .o geed , RpgLI, T6, aforesaid GleWii H TO HAVE AND TO HOLD the above4%scribed real property together with all appurtenances and privileges: thereunto belonging unto the Grantees, is successors:. and assigns forever. AND THE -..GRANTORS do hereby releaseand relinquish :unto the Grantee, ..its .. aucceasore and assigns forever, all right, title. and interest In and to the above-described properly, and all other exemptions allowed bylaw and covenants to and With the Grantee that Grantorsarelawfully seized in fee simple of said property, have good right to: convey the same as herein done and will WARRANT GENERALLY the title thereto. 17 RECEIVED MAR 16 2018 Washburn Key & Lowry, PLLC ENGINEERING Attorneys at Law DEPARTMENT Burton A. Washburn, IN 139 Memorial DrW L. Deng Key Paducah, Kentucky 42001 Telephone 270.442:9800 D,vain H. Lowry 1822-2016 Facsimile 270.442.1062 March 16, 2018 Rick Murphy, P.E., City Engineer and Public Works Director City of Paducah Engineering Department 300 South 5"' Street Paducah, Kentucky 42003 Re: Annexation of CC Crossroads, LLC Property Dear Mr. Murphy: Our client, CC Crossroads, LLC is requesting, subject to the conditions and contingencies set forth herein, annexation of two properties in McCracken County as more particularly described on Exhibit "A" attached This request for annexation is being made pursuant to KRS 81A.412, wherein the City elects "to establish the zoning for the new territory pursuant to KRS 100.209 prior to the completion of annexation under this section KRS 100.209 provides, in part, as follows: "Amendment of comprehensive plan prior to annexation permitted - Land use management regulation in newly annexed or reclassified territory. (1) When a city which has adopted zoning or other land use regulations pursuant to this chapter proposes to annex unincorporated or accept the transfer of incorporated territory, it may amend its comprehensive plan and official zoning map to incorporate and establish zoning or other land use regulations for the property proposed for annexation or transfer prior to adoption of the ordinance of annexation or transfer..." The subject properties are in the County and zoned "Commercial". Our client does not want the properties annexed to the City of Paducah until and unless both properties are first zoned "HBD" Highway Business District. In accordance with our conference by phone, you have acknowledged that the above referenced zoning condition is your understanding of our client's position on annexation. Please advise if you have any questions or if we may be of further assistance. CC Crossroads, LLC Annexation Request Washburn Key & Lowry, PLLC Page 1 of Very Truly Yours, WASHBURRN, K�E/Yy& LOWRY PLLC Burton A. Washburn, ill washbum@washbumkey.com BAWlbm The undersigned has reviewed and approved this request for annexation. CC Crossroads, LLC CC Crossroads, LLC Annexation Request Washburn Key & Lowry, PLLC Page 2 of 4 Exhibit A TRACT I: BEING TRACT 3 FRONTING HARRIS ROAD AND CONTAINING 2.793 ACRES, MORE OR LESS, AS SHOWN ON THE WAIVER OF SUBDIVISION PLAT OF RECORD IN PLAT SECTION "M", PAGE 533, MCCRACKEN COUNTY CLERK'S OFFICE. Being in all respects the same property conveyed to CC Crossroads, LLC, a Kentucky limited liability company, by Deed dated February 16, 2012, of record in Deed Book 1225, Page 189, McCracken County Clerk's Office. TRACT II: A CERTAIN TRACT OF LAND AS SURVEYED BY KYRUN JETT WOOD, P.L.S.#3445 AND BEING GENERALLY LOCATED ON THE NORTH SIDE OF U.S. HIGHWAY 60, MCCRACKEN COUNTY, KENTUCKY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" DIAMETER REBAR & CAP STAMPED "#2105" (FOUND), SAID POINT BEING IN THE ABOVE SAID HIGHWAY'S NORTH RIGHT-OF-WAY LINE, BEING 189.95 FT. LEFT OF STATION 318+92.66 AT RIGHT ANGLES FROM ABOVE SAID HIGHWAY'S CENTERLINE AND ALSO BEING THE SOUTHEAST CORNER OF THE HARRIETT S. REED PROPERTY (RECORDED IN DEED BOOK 1294, PAGE 758); THENCE LEAVING THE ABOVE SAID HIGHWAY'S NORTH RIGHT-OF-WAY LINE AND WITH THE ABOVE SAID REED'S EAST PROPERTY LINE N3r24'52"W A TOTAL DISTANCE OF 429.19 FT. TO A POINT AND PASSING THROUGH A 1/2" DIAMETER REBAR & CAP STAMPED "#2105" (FOUND) AT A DISTANCE OF 419.19 FT., SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE ABOVE SAID REED'S PROPERTY; THENCE N29035'08"E A DISTANCE OF 148.00 FT. TO A 1/2" DIAMETER X 18" LONG REBAR & CAP STAMPED "BFW/KJW #344W' (SET), SAID POINT BEING THE NORTHWEST CORNER OF THE ALBERT & RICHARD KING PROPERTY (RECORDED IN DEED BOOK 663, PAGE 790); THENCE WITH THE ABOVE SAID KING'S WEST PROPERTY LINE $36031'43"E A DISTANCE OF 651.68 FT. TO A 1/2" DIAMETER X 18" LONG REBAR & CAP STAMPED "BFW/KJW #3445" (SET), SAID POINT BEING IN THE ABOVE SAID HIGHWAY'S NORTH RIGHT-OF-WAY LINE, BEING 107.00 FT. LEFT OF STATION 321+18.48 AT RIGHT ANGLES FROM ABOVE SAID HIGHWAY'S CENTERLINE AND ALSO BEING THE SOUTHWEST CORNER OF THE ABOVE SAID KING'S PROPERTY; THENCE WITH THE ABOVE SAID HIGHWAY'S NORTH RIGHT-OF-WAY LINE 878004'28"W A DISTANCE OF 138.83 FT. TO A 1/2" DIAMETER X 18" LONG REBAR & CAP STAMPED "BFW/KJW #3445" (SET), SAID POINT BEING 110.00 FT. LEFT OF STATION 319+75 AT RIGHT ANGLES FROM ABOVE SAID HIGHWAY'S CENTERLINE; CC Crossroads, LLC Annexation Request Washburn Key & Lowry, PLLC Page 3 of 4 THENCE CONTINUING WITH THE ABOVE SAID HIGHWAY'S NORTH RIGHT-OF- WAY LINE N39018'60"W A DISTANCE OF 106.72 FT. TO A 1/2" DIAMETER X 18" LONG REBAR & CAP STAMPED "BFWK!W #3445" (SET), SAID POINT BEING 205.00 FT. LEFT OF STATION 319+25 AT RIGHT ANGLES FROM ABOVE SAID HIGHWAY'S CENTERLINE; THENCE CONTINUING WITH THE ABOVE SAID HIGHWAY'S NORTH RIGHT,OF- WAY LINE S52016'09"W A DISTANCE OF 34.71 FT. TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 1.97 ACRES. BEING THE SAME PROPERTY AS THE JAMES M. TATE PROPERTY RECORDED IN DEED BOOK 760, PAGE 365, LESS AND EXCEPT THE COMMONWEALTH OF KENTUCKY PROPERTY RECORDED IN DEED BOOK 776, PAGE 111. THE ABOVE DESCRIBED PROPERTY IS SUBJECT TO A 3D' SANITARY SEWER EASEMENT (NO SOURCE OF TITLE FOUND) AND A PERMANENT DRAINAGE EASEMENT RECORDED IN DEED BOOK 776, PAGE 111. Being in all respects the same property conveyed to CC crossroads; LLC, a Kentucky limited liability company by Deed dated February 9, 2017, of record in Deed Book 1338, Page 179, McCracken County Clerk's Office. CC Crossroads, LLC Annexation Request Washburn Key & Lowry, PLLC Page 4 of 4 < U .m.,e...m,._..,,.,........_, m...n.. u»nada noun gcEgc9F EO�� w U g�f 3 Ey'pgPE W F€� S < 9E E 3 a All g j6MW �/N VJ y IOtl'X013N1010ANN3oWJ 9tlT37W. gp8gp ¢pig3g 6€ "o`nimii i®a:'.a.� ®:: •".m'i.. 22 yy w.�X ..mu wuw �.�d� y3x`� 9E F�F 0 v 0 _gg $ w NtlWMtlOMI�'StltH NO0tl8 w y 7-11 a.0udvNNd Ndonada a0 un 04i 66 FFFCC@ gg@@p¢gS 6 53 Y U q$ pp g¢gAg`yE@@ 9 .0 Pk S E y N to y 9I ' y Ip 11 Y�� E 8 d Z+ y fW § y gd Qy C W g d F.y. FH, rSY� N °8k6 Fa Z� ll 3 N W ! I M ^ s �y+ N NW y QON W „pY �ZY W W y tf Sd F I I V W K f W N W and [`3y W� iYON V � W W it y z W W y U B $ i3 O£ ge tl $ F yppp g 4 L F g E h Ee Z $^ S rc Wo Yc €� c w �e w xEYE c w IEEE J o a _ o 0 �tlag 0 z ye§n u 0 �EpC Y�S = w ry U€ UIYI 8 E W Y�E 6 §g y z #Y§ Q PS r eI Fgxp g 3i„F 0 eggo 03 €1 ;es tE e_ 0 u d az yPPk _g€ f g ® 0 g@ p ¢ U§ ®k qg d w 505 Y §§�h 4v E§ {@ 6Yx u p`yE b yy fip < U gggg gcEgc9F EO�� w U g�f 3 Ey'pgPE W F€� S < 9E E 3 a 31x a g4 g e 5Y _ �§� � f gp8gp ¢pig3g 6€ t I 22 yy EE5pg N E` bI U 5 w p 8p�p�p N QEC Z 3 y3x`� 9E F�F 0 v 0 _gg $ w w SgEFY 5$ a°yY Ott g P y 04i 66 FFFCC@ gg@@p¢gS EE5pg N E` bI ¢F [ U REEF F�gE 0 3}€ $ w w�;gg9x u g 66 ®g�®g 6 B�k Y U q$ pp g¢gAg`yE@@ 9 .0 Pk S E Department of Planning Tammara Tracy, Director July 2, 2018 CITY OF PADUCAH 300 South 5th Street B O. Box 2267 Paducah, KY 42002-2267 www.paducahkygov Walter R. and Harriett S. Reed Revocable Living Trust Agreement 1670 Spring Branch Road Northeast New Salisbury, IN .47161 RE: Annexation Dear Mr. and Mrs. Reed: Phone: (270) 444-8690 Fax: (270) 444-8689 This letter shall serve as your notice that the City of Paducah intents to annex all or part of property that you own within the area described in the attached City of Paducah Intent to Annex Ordinance. This ordinance received its first reading on June 26, 2018. The second reading of the ordinance will occur at 5:30 P.M. on July 24, 2018 in the Commission Chambers of Paducah City Hall located at 300 South 5' Street, Paducah KY 42003. If you have any inquiries regarding this matter, please feel free to contact Tammara Tracy or Josh Sommer in the Paducah Planning Department at (270) 444-8690 or via email at ttracy(a)paducahkV.¢ov or jsommer&aducahky.eov. Thank you, Joshua P. Sommer, AICP Planner I City of Paducah Enc. (Intent to Annex Ordinance) EQUAL OPPORTUNITY EMPLOYER Kenft(v TDD 1-800-247-2510 Department of Planning Tammara Tracy, Director July 2, 2018 Menards, Inc. 5101 Menard Drive Eau Claire, WI 54703 RE: Annexation To Whom it May Concern: CTI 300 South 5th Street P. O. Box 2267 Paducah, KY 42002-2267 v w ..paducahkygov Phone: (270) 444-8690 Fax: (270) 444-8689 This letter shall serve as your notice that the City of Paducah intents to annex all or part of property that you own within the area described in the attached City of Paducah hitent to Annex Ordinance. This ordinance received its first reading on June 26, 2018. The second reading of the ordinance will occur at 5:30 P.M. on July 24, 2018 in the Commission Chambers of Paducah City Hall located at 300 South 58i Street, Paducah KY 42003. If you have any inquiries regarding this matter, please feel free to contact Tammara Tracy or Josh Sommer in the Paducah Planning Department at (270) 444-8690 or via email at ttracv a)paducahky.eov or isommerApaducaW.eov. Thank, Cou��.. J40hua P. Sommer, AICP Planner I City of Paducah Enc. (Intent to Annex Ordinance) EQUAL OPPORTUNITY EMPLOYER Ke"ty I, TOO 1-800-247-2510 81A.425 Notice of proposed annexation to property owners -- Exception -- Publication of annexation ordinance -- Action to void annexation. (1) Notwithstanding the provisions of KRS 83A.060(7) and except as otherwise provided in this section, a city which proposes to annex unincorporated territory shall send notice of the proposed annexation to each property owner whose property is proposed to be annexed into the city. (2) The notice shall be sent to each property owner listed on the records of the county property valuation administrator as of January 1 of the year in which the ordinance proposing to annex property is to be enacted. (3) The notice shall be sent by first-class mail no later than fourteen (14) days prior to the meeting at which the ordinance proposing the annexation shall receive its second reading. The city clerk shall certify the list of property owners to whom the notice was sent and the certified list shall be made a part of the official record of the meeting at which the ordinance proposing the annexation receives its second reading. (4) The notice shall include the time, date, and location of the meeting at which the proposed ordinance shall receive its second reading, and a copy of the proposed ordinance. (5) The provisions of this section shall not apply in any case in which the property owners of record have consented in writing to the proposed annexation as provided in KRS 81A.412. (6) Notwithstanding the provisions of KRS 424.130, following the second reading and enactment of an ordinance proposing to annex property, a city shall be required to publish the ordinance only once in accordance with KRS 83A.060(9). (7) The ordinance which effectuates an annexation shall be voidable in an action brought in the Circuit Court of competent jurisdiction, if the court determines that the city failed to substantially comply with the requirements of this section, and the failure resulted in material prejudice to the substantial rights of affected property owners. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 418, sec. 1, effective July 14, 1992. 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U- a l Ye r'w y i NU A� t t ait 3 r 4 •i °nap s` \Y z to ikr' #qwtr t.4 ss � �• � ��6 u(ir'�"^a&��n� r'�y'.4+u s v` f °��YrxA �' I �� t u'S `+`�a �Q��¢ �n � � g � x,zs r��j� * a�(/r�"�1 r6 x��';' e�� „t �" �kJ��' ✓n t'.4 i S yxr� / .r/�5ray"s 4'+• +r ORDINANCE 2018-7- - � l AN ORDINANCE APPROVING CHANGE ORDER NO. 2 WITH A & K CONSTRUCTION FOR A PRICE INCREASE IN THE AMOUNT OF $16,836.00 FOR THE CITY HALL PHASE I PROJECT WHEREAS, the City Commission approved Ordinance No. 2018-1-8512 on January 23, 2018, to enter into a contract with A & K Construction in the total amount of $4,293,781.00 for the City Hall Phase I Project; and WHEREAS, the City Commission approved Ordinance No. 2018-7-8538 on July 10, 2018, which reduced the contract by $206,381.00, for a total contract price of $4,087,400.00; and WHEREAS, Change Order No. 2 is now required to account for a sidewalk replacement credit, a lightweight concrete credit, a storm water drainage credit, a roof hatch access addition, a canopy sonotube repair, a canopy column repair, a canopy underdeck and beam edge repair and a canopy roof insulation addition which together create a net increase to the contract of $16,836.00, for a total contract price of $4,104,236.00. BE IT ORDAINED BY BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH,KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute Change Order No. 2 with A & K Construction for an overall price increase in the amount of $16,836.00 for the City of Paducah's City Hall Phase I Project, henceforth, increasing the total contract price to $4,104,236.00. SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: City Clerk Introduced by the Board of Commissioners July 10, 2018 Adopted by the Board of Commissioners, !,kjJ.0C " Recorded by Lindsay Parish, Paducah City Clerk, TlkI4. a Published by The Paducah Sun, J \ord\eng\chgord 2 -City Hall Phase I Project increase Agenda Action Form Paducah City Commission Meeting Date: June 26th, 2018 Short Title: Change Order #1: City Hall Phase I Improvement Project ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Maegan Mansfield, P.E., EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: City Hall Phase I Improvement Project is utilizing available historical preservation tax credits estimated at $400,000.00 given by the Kentucky Heritage Council (KHC) since City Hall is listed on the national registrar of historical places. In order to receive tax credits, the project team must submit key historical components of the project to KHC for their approval. During the bid process for the City Hall Phase I Improvement Project, A&K Construction, the low bidder for the project, included a proposed window type provided by Winco Windows in their original bid amount of $4,087,400.00. The window type provided by Winco Windows was submitted to the KHC for acceptance and was denied with the condition that KHC desired to solely accept the basis of design window type, supplied by St. Cloud Window. The change in window supplier resulted in a $206,381.00 increase to the original bid amount. A&K Construction's adjusted bid of $4,293,781.00 was accepted based on the condition that the design team would further discuss window types and suppliers with KHC. The goal of discussions was to find a product that would meet KHC requirements and reduce the bid amount back to the original amount of $4,087,400.00. During that process, it was determined that KHC's preferred supplier, St. Cloud Windows, no longer manufactured the desired window type. As a result, KHC determined that the original window supplier, Winco Windows, would be acceptable. A change order reducing A&K Construction's contract by $206,381.00 is recommended. The approval of this change order will bring A&K Construction's contract amount back to the original base bid of $4,087,400.00. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: City Hall Phase I Improvements Finance Account Number: PF0076-001-20000-20002 Project Number: PF0076 Agenda Action Form Page 2 Staff Recommendation: Authorize the Mayor to accept Change Order #1, which reduces A&K Construction's contract by $206,381.00. This will reduce their contract to the original bid amount of $4,087,400. Attachments: Ordinance #2018-1-8512, Change Order Request Department Head City Clerk City Manager ORDINANCE NO. 2018-1-_2a)& AN ORDINANCE ACCEPTING THE BID OF A & IC CONSTRUCTION FOR CONSTRUCTION OF CITY HALL PHASE I PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of A & K Construction in an amount not to exceed $4,293,781.00, for construction of City Hall Phase I Project, said bid being in substantial compliance with the bid specifications, and as contained in the bid of A & K Construction November 30, 2017. SECTION 2. That the Mayor be authorized to execute a contract with A & K Construction for construction of the City Hall Phase I Project, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. This expenditure shall be charged to project account PF0076. SECTION 4. This ordinance shall become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, January 9, 2018 Adopted by the Board of Commissioners, January 23, 2018 Recorded by Tammam S. Sanderson, City Clerk, January 23, 2018 Published by The Paducah Sun. \ord\eng\bid-City Hall Phase I -construction AIA Document G7011TN -2017 +e. vs Yee' Change Order - PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Exterior Restoration Contract For: General Construction Change Order Number: 002 Paducah City Hall Date: January 23, 2018 Date: June 27, 2018 OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) City of Paducah Marcum Engineering A & K Construction 300 South 5th Street P O Boz 120 100 Calloway Court Paducah, KY 42003 Paducah, KY 42002-0120 Paducah, KY 42001 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description ofthe change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) Item No. 2.1 RFP 1 Sidewalk Replacement Credit <$5,000.00> Item No. 2.2 RFP 2 Revised Lightweight Concrete Credit <$31,900.00> Item No. 2,3 RFP 3 Revised Storm Water Drainage Credit <$16,723.00> Item No. 2.4 RFP 5 Roof Hatch Access $1,759.00 Item No. 2.5 RFP 6 Sonotube Repair $8,224.00 Item No. 2.6 RFP 7 Column Repair $2,901.00 Item No. 2.7 RFP 8 Underdeck Canopy Repair $36,456.00 Item No. 2.8 RFP 9 Roof insulation $21,119.00 Total for Change Order No. 002 $16,836.00 The original Contract Sum was $ 4,293,781.00 The net change by previously authorized Change Orders $ -206,381.00 The Contract Sum prior to this Change Order was $ 4,087,400.00 The Contract Sum will be increased by this Change Order in the amount of $ 16,836.00 The new Contract Sum including this Change Order will be $ 4,104,236.00 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be December 31, 2018 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. AIA Document G701- —2017. Copyright ©1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA8 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or .� any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:30:56 an 06/27/2018 under Order No. 5656110020 which expires on 02/01/2019, and is not for resale. User Notes: (3B9ADA1 F) NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. A & K Construction City of Paducah C TRACTOR (Firm name) OWNER (Finn name) SIGNATURE SIGNATURE 4u jc—, . is O PV, is PRINTED NAME AND TITLE PRINTED NAME AND TITLE 6- @y DATE DATE AIA Document G70" —2017. Copyright ©1979, 1987, 2000, 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or Z any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:30:56 on 06/27/2018 under Order No. 5656110020 which expires on 02/01/2019, and is not for resale. User Notes: (3B9ADA1 F) JULY 10, 2018 I move that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE APPROVING CHANGE ORDER NO. 2 WITH A & K CONSTRUCTION FOR A PRICE INCREASE IN THE AMOUNT OF $16,836.00 FOR THE CITY HALL PHASE I PROJECT." This Ordinance is summarized as follows: the City of Paducah approves Change Order No. 2 with A & K Construction for an overall price increase in the amount of $16,836.00 for sidewalk replacement credit, lightweight concrete credit, storm water drainage credit, roof hatch access addition, canopy sonotube repair, canopy column repair, canopy underdeck and beam edge repair and canopy roof insulation addition for the City of Paducah's City Hall Phase I Project, henceforth, increasing the total contract price to $4,104,236.00 and authorizes the Mayor to execute the change order. \motions\chgord 2 -City Hall Phase I Project increase Agenda Action Form Paducah City Commission Meeting Date: July 10h, 2018 Short Title: Change Order #2: City Hall Phase I Improvement Project ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Maegan Mansfield, P.E., EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: Nine (9) Request for Proposals have been submitted by A&K Construction for modifications to the City Hall Phase I Improvement Project. All requests have been combined to implement Change Order #2 for the project. Requests pertain to Construction Documents provided by Marcum Engineering and have been vetted by the design team as valid modifications to the project. The requests are as follows: RFP 1— Sidewalk Replacement Credit -$5,000.00 Before construction began, it was noted that the existing east sidewalk needed replacement from 4th Street to City Hall. The Construction Documents required this sidewalk to be protected and remain after project completion. This proposal is a credit for not requiring the protection of the sidewalk since the Owner will replace the sidewalk at project completion. RFP 2 — Lightweight Concrete Credit -$31,900.00 Construction Documents specified for the lightweight concrete topping on the upper level roof to be removed. After start of construction, the lightweight concrete on the upper level roof was exposed in areas and deemed to be in good condition and would be less distressing for the building to leave this portion of the light weight concrete deck in place. This proposal is a credit for not demolishing this lightweight concrete topping. RFP 3 — Storm Water Drainage Credit -$16,723.00 Construction Documents specified both a primary and secondary drainage system constructed with insulated PVC piping and 32 roof drains. It was determined after start of construction that insulated PVC piping is not authorized for installation within air plenums like those present in City Hall. On review of options, it was found that installing a fire wrap would be required and that this solution costs significantly more than an alternate such as cast iron piping. Therefore, best method of conveyance of storm drainage is cast iron piping that is non-combustible whereas insulation would only be required on the horizontal mains. Agenda Action Form Page 2 This proposal request consists of the following changes and benefits: Reduce roof drains from (32) 4" drains to (16) 6" roof drains. This will reduce the number of openings made within the canopy roof structure and exterior walls. This will also reduce the duration of work installation within the 2nd Floor areas. Change piping material from PVC to cast iron. This piping is completely non- combustible and will produce the best sound dampening of the flowing water. Thus, this piping choice will only require insulation of the horizontal mains. Most importantly, cast iron installation will not involve primer and glue which will illuminate any possible irritation to both public and staff within the building. Illuminate the installation of an interior secondary drainage system (roof overflow drains). Overflow drains alert maintenance sooner if primary drains have failed and water is "ponding" on the canopy roof. Earlier notice will allow the system to be investigated and cleared before significant weight is added to the structure. Lastly, installing only an interior primary drainage system will reduce construction time lessening the duration of displacing the occupants and operations. RFP 5 — Roof Hatch Access +$1,759.00 The existing roof hatch was difficult to access and a safety hazard. The Construction Documents specify the addition of fixed ladder and roof hatch within the north stairway. This allows for easy/safe access but requires separation from the air plenum located above the suspended ceiling. This proposal is for the additional ceiling tile to separate ladder "shaft" from air plenum. RFP 6 — Canopy Sonotube Repair +$8,224.00 After removal of paint and concrete filler, it was found that some canopy sonotube forms evidently shifted during original construction over 50 years ago. This movement caused the resulting concrete thickness to be thin or virtually non-existent. Upon power cleaning (removal of paint and concrete filler) it was found that these conditions had deteriorated and left exposed openings into the interior cavities of the concrete canopy structure. This proposal is for the correction of the existing conditions by placing investment forms and injecting the appropriate thickness of concrete. This will correct the canopy as originally intended to be constructed. RFP 7 — Canopy Column Repair +$2,901.00 After removal of paint and concrete filler, it was found that 5 areas on the canopy columns had extensive honeycomb conditions. This had previously been filled on original construction to conceal these imperfections. This proposal is for the correction of the existing concrete finish by placing removable forms and injecting concrete patch material. This correction will not require concrete filler in the future. Agenda Action Form Page 3 RFP 8 — Canopy Underdeck and Beam Edge Repair +$36,456.00 Underdeck blasting revealed additional areas needing repair. Construction Documents included a map of known areas of repair that were visible prior to blasting to form the basis of Contractor bids. After removal of paint and concrete filler, a new map was created of the actual found conditions. This nearly doubled the quantity of repair required as compromised canopy areas that were not originally included were concealed by many layers of paint that had been exposed by the restoration efforts. This proposal is for the additional underdeck patching required at the canopy. This will repair damage due to years of deterioration. RFP 9 — Canopy Roof Insulation +$21,119.00 Since partial roof removal, a survey has indicated that additional slope is required at the canopy roof to overcome years of settlement. Additional insulation is preferred to create the slope to avoid the weight of lightweight concrete. The proper roof slope is required for roof warranty. This proposal is for additional roof insulation to provide positive slope from outside settled, canopy edge to the inside roof drain locations. Net Total for Change Order No. 2: +$16,836.00 A change order increasing A&K Construction's contract by $16,836.00 is recommended. The approval of this change order will bring A&K Construction's contract amount to $4,104,236.00. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: City Hall Phase I Improvements finance Account Number: PF0076-001-20000-20002 Project Number: PF0076 Staff Recommendation: Authorize the Mayor to accept and to execute Change Order #2, which increases A&K Construction's contract by $16,836.00. This will increase their contract amount to $4,104,236.00. Attachments: Change Order #1, Ordinance #2018-1-8512, Change Order Request #2 /DepVnte 11Ci Clerk City Manager v ORDINANCE NO. 2018-_q_c AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND HDR ENGINEERING, INC., FOR PRE -SURVEY DATA COLLECTION AND PAVEMENT INSPECTIONS FOR THE PAVEMENT MANAGEMENT PROGRAM IN AN AMOUNT OF $166,500.00; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City of Paducah desires to implement a pavement management program to provide a more robust and objective street selection process, identify repairs earlier, and provide capital improvement plans to utilities and the public on an annual and a five year basis; and WHEREAS, the City of Paducah desires to contract with HDR Engineering for the pre -survey data collection and initial pavement inspection portion of the pavement management program; and WHEREAS, a written determination has been made by the City Manager that this contract is for professional engineering services and will be a noncompetitive negotiation purchase pursuant to KRS 45A.380(3). NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Recitals and Authorization. The City hereby authorizes and approves an Agreement between the City of Paducah and HDR Engineering, for pre -survey data collections and pavement inspections for the pavement management program in an amount of $166,500.00 and authorizes the Mayor to execute said Agreement. SECTION 2. Expenditures. The expenditure shall be charged to the MAP Street Resurfacing and Rehabilitation Account, account number 2300 -22 -2217 -PV -00000-00000- 542270. 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. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. lurms):7 ATTEST: City Clerk Introduced by the Board of Commissioners, July 10, 2018 Adopted by the Board of Commissioners, 'IL'A'4 at -l' ao lit Recorded by Lindsay R. Parish, City Clerk, i" `�L,, A0 Published by The Paducah Sun, \ord\eng\agree-pavement management HDR data collection & pavement inspection Pavement Management Program Details Current Street Rehabilitation Processes: Streets are currently reviewed by block, where ratings are assigned based on condition of pavement, curbs, drainage inlets, and sidewalks. The streets are visually observed for repair needs and rated 1-5. The lowest ranking streets are prioritized and rehabilitation is performed until the budget has reached its threshold. Proposed Street Rehabilitation Process: The current street rehabilitation strategy is referred to as the "ad hoc" approach, meaning the worst streets are repaired first. Recent research performed in the area of pavement management indicates that this approach is not cost effective, although commonly performed due to budget constraints. The alternative is to approach rehabilitation by looking at data that indicate warning signs which lead to streets visually in need of repair. Through this method, smaller repairs will be made, sooner, so that more significant problems do not occur. See below for reference. SATISFACTORY FAIR SIAOFOR REXAewTATION HERE IN CONOmON 'ALL COST VERY POOR sacro TO uao XFAE SERIOUS SMALL%OF PAVEMENTUFE FAILED TIME The proposed rehabilitation plan would consist of purchasing software, called PAVER, which is published by Colorado State University. The program utilizes the Pavement Condition Index (PCI) which is a data based calculation that indicates the streets in most need of repair by checking components not visually obvious. PAVER is a pavement inventory program that would manage all of our streets, and produce mapping compatible with GIS. This program is currently used by the City of Owensboro, City of Georgetown, Air Force Academy, Bluegrass Airport, and many other municipalities/agencies across the country. — Goals: • To establish a pavement inventory database, using PCI ratings, to optimize our dollars by getting ahead of the curb in terms of repairs. If you can see a repair is needed, we have likely missed the opportunity to rehab this street at a point where it would cost significantly less money. • Maps would be published to the public through our GIS website, indicating which streets were in our plan. A one year plan and a five year plan would be published on a map, color coded, creating a public interactive tool. These maps would also consider different utility projects that " may delay a street repair and the utility projects would likewise be color coded on the maps. Pavement Management Program Details • For collection of PCI data, a consultant or the Kentucky Transportation Center (the research arm of KYTC) would be brought in to assist in a data "kick off" which would allow us to create a street inventory for PCI ratings. • Once the kick-off is complete, it is our wish to create an internship program, hiring two to four _ interns per summer, where they can collect PCI data with staff oversight, and we can update the database accordingly. Not all streets will be inventoried every year. The assessments will be on a rolling basis (i.e. bi-annually) depending on condition. The City of Owensboro currently hires interns for their data collection processes. • The end goal is to get the street rehabilitation program to a point where streets are being repaired before the repair cost escalates. So that we can stretch our dollars to cover more area. The PCI rating calculation is an ASTM standard, widely used in the civil engineering field. • The PCI rating method will also take into consideration the impact of the repair. It should be a _ priority to consider the impact each street project will have on our community. Making sure the rehabilitation ultimately improves users' experience is the goal. (i.e. Repairing an entire sidewalk from point A to point B, vs. patch work. The patch work may not allow for the pedestrian with ADA needs to get to work, even though we fixed an area of sidewalk. We have to consider where people travel in order to maximize our rehabilitation efforts.) AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this day of 20_, between CITY OF PADUCAH, KENTUCKY ("OWNER); with offices at 300 South 5th Street, Paducah, KY 42002, and HDR ENGINEERING, INC., ("ENGINEER'), with offices at 4645 Village Square Drive, Suite F, Paducah, KY 42001 for services in connection with the project known as PADUCAH PAVEMENT EVALUATION ("Project'); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION L SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The HDR Engineering, Inc. Terms and Conditions, which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on a Lump _ Sum basis. The amount of the lump sum is One Hundred Sixty Six Thousand Five Hundred Dollars ($166,500). SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services within five (5) months. Agreement for Professional Services 1 7/2017 SECTION VI. SPECIAL PROVISIONS IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PADUCAH, KENTUCKY BY: NAME: Brandi Harless TITLE: Mayor ADDRESS: 300 South 51h Street Paducah, KY 42002 HDR ENGINEERING, INC. "ENGINEER" BY: NAME: Shawn P. Washer, PE TITLE: Vice President/Office Principal ADDRESS: 4645 Village Square Drive Suite F Paducah, KY 42001 Agreement for Professional Services 2 7/2017 3 June 26, 2018 Mrs. Maegan Mansfield, P.E. Engineering Project Manager City of Paducah 300 South 51h Street Paducah, KY 42002 Dear Maegan, Per our discussions, we understand the City of Paducah desires to implement a pavement management system to prioritize paving needs for the annual resurfacing program. We understand the city now maintains approximately 223 miles of streets. A systematic program is needed to ensure that streets are paved and maintained at a frequency to maximize the life of all pavements maintained by the city. We have found that implementation of pavement management programs in other communities has helped to maximize the impact of limited paving budgets and has established a defendable, equitable method for determination of the frequency of maintenance of various streets in the network. Scope of Services HDR proposes to perform the following tasks associated with this project: A. Pre -Survey Data Collection The initial program would consist of developing the physical inventory of streets in the city. Using the GIS database provided by the City of Paducah, city records would be reviewed to determine the most recent date each street was paved and this would be entered into the database. Using the GIS data provided by the City, HDR proposes to keep the same sections as currently shown in GIS which has sections divided on a block to block basis. This will help to integrate the data back into the City's current GIS _ database, and provide for easier inspection by the city moving forward. Using the gathered information, a set of inspection maps will be produced for the street network which will be utilized to aid in the inspection phase of the program. - Fee for Data Collection - $19,900 - hdrinc.com 4645 Village Square Drive, Suite F, Paducah, KY 42001-7448 (270)444-9691 B. Pavement Inspection The next step in the program would be to complete the initial inspections to evaluate pavement conditions and environmental conditions that may impact pavement life such as condition of shoulder, drainage ways, slopes, etc. The sections that were established in the Pre -Survey Data Collection phase would be further divided into sample units (approx. 2,500 sf) for inspection. To help limit the amount of field work and using established levels of confidence, HDR would inspect approximately 20% of the sample units to provide an estimate of the section condition. The -number of_.. samples are based upon the sections that were provided in the GIS data and would equal approximately one sample per block in the city block system, while longer streets outside that system would be sampled between 10%-20% based upon length. HDR will not inspect streets that have been paved within the last 3 years as provided by the city. Using this sample rate there will be approximately 2,614 samples that would need to be inspected per the GIS data that has been provided. As a part of the inspection, HDR will inspect the curb and gutter, sidewalk, and city owned parking lots. The curb and gutter and sidewalks will be given a rating (Poor, Fair, Good) for the entire block. If there are areas with localized damage they will not be reported separately, this rating is intended to be used to determine the needs to rehabilitate the curbing and sidewalk as a part of doing the pavement rehabilitation. Trained technicians would conduct evaluations using methods as outlined in ASTM D6433, each sample unit would have a pavement inspection form completed and this information will be used in the next phase. HDR will provide all pavement inspection services for the initial pavement inspection, and will train city staff to perform future inspections. HDR estimates that it will take 6 technicians approximately 6 weeks to complete the inspection of the street network. Fee for Pavement Inspection - S146.600 Project Schedule Work can begin on the project upon authorization. We anticipate the project will require 4-5 months. We appreciate this opportunity to be of service and look forward to continuing our efforts to assist the City of Paducah. Please call if there are any questions or if we may provide -additional information regarding this effort. Sincerely, HDR Engineering Inc. J.5 annon�rov;nce Vice President EXHIBIT B TERMS AND CONDITIONS HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties,. express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. 2. INSURANCE/INDEMNITY ENGINEER agrees. to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non -owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injuryand property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. If flying an Unmanned Aerial System (UAS or drone), ENGINEER will procure and maintain aircraft unmanned aerial systems insurance of $1,000,000 per occurrence. OWNER shall be made an additional insured on. Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for third party personal injury and property damage claims to the extent caused by ENGINEER's negligent acts, errors or omissions. However, neither Party to this Agreement shall be liable to the other Party for any special, incidental, indirect, or consequential damages (including but not limited to loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or Services; cost of capital; and/or fines or penalties), loss of profits or revenue arising out of, resulting from, or in, any way related to the Project or the Agreement from any cause or causes, including but not limited to any such damages caused by the negligence, errors or omissions, strict liability or breach of contract. 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others,. or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation ormonitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques; sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no. provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts forthe work, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liability insurance policies.. 8. 9. 10. S. CONTROLLING LAW - 11. This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and Information pertaining to OWNER's requirements forthe project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER - furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will fumish the services of soils/geotechnical engineers or other consultants thatinclude reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility forthe technical accuracy and content.of OWNER -furnished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attorney, Insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative Wil examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER, SUCCESSORS, ASSIGNS AND BENEFICIARIES OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom wthout the written consent of the other. No third parry beneficiaries are intended under this Agreement. _ RE -USE OF DOCUMENTS All documents, Including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are Instruments of service with respect to the project.. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuseby OWNER. or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNIER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims; damages, losses and expenses, including attorney's fees, arising or resulflng therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice to the other party. Where the method of payment Is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up -to the effective:date, of, termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon'the parties. One or more waivers by either parry of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make payments to ENGINEER within thirty (30) days of OWNER's receipt of ENGINEER's invoice. ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. (7/2018) If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the disputeand request clarification and/or correction.. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1 %) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within thirty (30) days from the date OWNER receives ENGINEER's invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and In compensation shall be in accordance with applicable paragraphs and sections of this Agreement. - Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER. understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. if such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice -to -proceed, or like document. 14. EQUAL. EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity for individuals based on color, religion, sex, or national origin, or disabled veteran, recently separated veteran, other protected veteran and armed forces service medal veteran status, disabilities under provisions of executive order 11246, and other employment, statutes and regulations, as stated in Title 41 Part 60 of the Code of Federal Regulations § 60-1.4 (a -f), § 60-300.6 (a -e), § 60-741 (a -e). 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It Is acknowledged by both parties that ENGINEER's scope of services dont include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an ,.arranger, "operator," "generator;' or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30, days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subeonsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (1) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (f) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that Individual's or entitys sole negligence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oralunderstandings. This Agreement may be amended, supplemented or modified only by a written. instrument duly executed by the parties. 17. ALLOCATION OF RISK OWNER AND ENGINEER HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING ENGINEER'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE. - CERTAIN OF THE RISKS, SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ENGINEER (AND ITS RELATED CORPORATIONS, SUBCONSULTANTS AND EMPLOYEES) TO OWNER AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE LESSER OF $1,000,000 OR ITS FEE,. FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF ENGINEER'S. SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. 16. LITIGATION SUPPORT In the event ENGINEER Is required to respond to a subpoena, government inquiry or otherlegal process related to the servicesjn connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at Its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 19. NO THIRD PARTY BENEFICIARIES No. third party beneficiaries am intended under this Agreement. In the event a reliance letter or certification is required under the scope of services, the parties agree to use a form that is mutually acceptable to both parties. 20. UTILITY LOCATION If underground sampling/testingis to be performed, a local utility locating service shall be contacted to make arrangements for all utilities to determine the location of underground utilities. In addition, OWNER shall notify ENGINEER of the presence and location of any underground utilities located on the OWNER's property which are not the responsibility of private/public utilities. ENGINEER shall take reasonable precautions to avoid damaging underground utilities that are properly marked. The OWNER agrees to waive any claim against ENGINEER and vdll indemnify and hold ENGINEER harmless from any claim of liability, injury or loss caused by or allegedly caused by ENGINEER's damaging of underground utilities that are not properly marked or are not called to ENGINEER's attention prior to beginning the underground samplingttesting 21. UNMANNED AERIAL SYSTEMS If operating UAS, ENGINEER will obtain all permits or exemptions required by law to operate any UAS included in the services. ENGINEER's operators have completed the training, certifications and licensure as required by the applicable jurisdiction in which the UAS will be. operated. OWNER will obtain any necessary permissions for ENGINEER to operate over private property, and assist, as necessary, with all other necessary permissions for operations. Terms & Conditions for Professional Services 2 (7/2018) July 10, 2018 I move that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND HDR ENGINEERING, INC., FOR PRE -SURVEY DATA COLLECTION AND PAVEMENT INSPECTIONS FOR THE PAVEMENT MANAGEMENT PROGRAM IN AN AMOUNT OF $166,500.00; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT." This Ordinance is summarized as follows: this Ordinance authorizes and approves an Agreement between the City of Paducah and HDR Engineering, Inc., relating to pre -survey data collections and pavement inspections for the pavement management program in an amount of $166,500.00 and authorizes the Mayor to execute said Agreement. Motions\agree-pavement management HDR data collection & pavement inspection Agenda Action Form Paducah City Commission Meeting Date: July 101h, 2018 Short Title: Pavement Management and Inspection Services: HDR Contract Approval ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Maegan Mansfield, P.E., EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: Engineering -Public Works staff has been working towards implementation of a new pavement management program that will update the City's inventory of streets and rate existing street conditions. The program will involve data collection of segments within the street infrastructure, inputting data into PAVER Software, and providing maps and information to the public through GIS. PAVER Software is published by Colorado State University and is used by various municipalities and military bases for pavement management programs. The software will provide cost information regarding street repairs, maintain inventory, and provide reports for EPW staff to consider when streets are selected for repair or replacement. The goals of the program are as follows: Provide a more robust and objective street selection process. Identify repairs early—before repair needs are visually obvious. o Early repairs result in lower maintenance costs. Provide capital improvement plans to utilities and the public on an annual and five year basis. The first component of the program is to perform a pre -survey data collection which will consist of developing a physical inventory of streets. The inventory will be based on existing GIS data and further segmented for inspections. After the inspection maps are established, pavement inspection will begin throughout the city. These inspections are anticipated to take place over the course of three months, weather permitting. Approximately 20% of the streets will be analyzed using the Pavement Condition Index (PCI) rating procedure. All City streets will be analyzed with the exception of those repaired within the last three years. Once the initial inspections have been performed, each year a section of streets will be re -inspected to maintain current data. Each street will be re -inspected on a three year rolling schedule through City staff and an intern program. For the pre -survey data collection and the initial pavement inspection portion of the program, it is recommended to contract HDR Engineering for these services. HDR Engineering is recommended by PAVER Software representatives and HDR regularly maintains pavement management programs for municipalities. The services contracted with HDR will be paid for out of the Municipal Aid Program (MAP) Street Resurfacing & Rehabilitation Funds. HDR fees are as follows: • Pre -Survey Data Collection: $19,900 Agenda Action Form Page 2 Pavement Inspections: $146,600 o Includes inspections on all City streets, with the exception of those paved within the past three years. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: MAP Street Resurf. &Rehab.! "P/16II Account Number: 2300 -22 -2217 -PV -00000- Finance 00000-542270 Project Number: Staff Recommendation: Authorize the Mayor to sign HDR Contract for pre -survey data collection and pavement inspections associated with the pavement management program being implemented. The contract amounts are $19,900 for pre -survey data collection and $146,600 for pavement inspections, resulting in a total of $166,500. Attachments: Pavement Management Program Details, HDR Scope of Services, HDR Contract Dep �tad Cerk City Manager