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Home My WebLink AboutCCMPacket2013-09-03CITY CONINIISSION MEETING :AGENDA FOR SEPTEMBER 3, 2013 5:30 P.M. ROLL CALL INVOCATION — Alan Cash, Elder, Fathers House of Paducah PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PRESENTATION: Update on Columbia Theatre Concept Study — LANDEE BRYANT/RANDY DAVIS WORKSHOP: Citizen Survey Recycling Results — P. SPENCER/CITY i\IGR I. iti11NL"TES ll. APPOINTMENT Paducah ,area Transit System III. MOTIONS .�. R & F DOCUMC11tS IV. XIUNICIPAL ORDERS A. Personnel Changes B-\pproval to Advertise Boncl [SSue foi-TeleT-ch, tii,tcco.:1ncl Moble Park Pool — J. PERKINS V. ORDINANCES — ADOPTION A. Nevk Construction Bid A"ard For 717 Harrison Street — S. ERVIN B. Chance Order 43 For Uniform Service in the Fire Department — FIRE CHIEF KYLE: C. Contract For Services with GPEDC For FY201.3-2014 -- CITY NIGR PEDERSON D. ?013/2014 Kentucky Transportation Discretionar\ .application — ASST. CHIEF GRIMES ORDINANCES - INTRODUCTION 1 A. HONTE 20121 House #6 — 1403 Monroe Street -- S. ERVIN B. Bond Issue for TeleTech, tMACCO, &Noble Park Pool — J. PERKINS C. Change Order #1 For the Purchase of Two neck Triple Combination Pumper Trucks for Use by the Paducah Fire Department - FIRE CHIEF KYLE D. Authorize a Contract with Harper Con,nuction. LLC, for the Construction of the Greenway Trail Phase 11 Project - R. LIURPHY E. Authorize Contract for Design Services and Construction Administration for the Julian Carroll Convention Center Renovation Project - S. DOOLITTLE X. CITY tNIANAGER REPORT XI, COVIMISSIONER COMMENTS XII. PUBLIC COiNI,NIENTS X. EXECUTIVE SESSION Agenda Action Form Paducah City Commission Meeting Date: September 3, 2013 Short Title: Citizen Survey Recycling Results Workshop ❑Ordinance ❑ Emergency ❑ ylunicipal Order ❑ Resolution ❑ \-lotion Staff Fork By: Jeff Pederson and Pain Spencer Presentation By: Jeff Pederson and Pam Spencer Background Information: In February and March of this year, 1200 randomly selected Paducah households were provided the opportunity to give the City feedback on a variety of questions in the National Citizen Survey. Two of the standard questions involved rating the quality of recycling services and providing information about the frequency of the household recycling activities while two of the custom questions asked citizens about the importance of recycling opportunities and the type of recycling programs that interests them. At this workshop; we will review the survey results; provide an overview of the various levels of involvement a city can have in recycling; review the current status of the Greater Paducah Sustainability Project (GPSP) - Recycle Now facility oo North 8"' Street; and discuss what role the City could have moving forward. Members of Recycle Now will be in attendance to provide information. The workshop will be conducted at the same time that GPSP is seeking a new facilit\ for its recyclables collection and processing. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Do��nto��ns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Workshop discussion item Attachments: National Citizen Survey results regarding recycling n Depaitm�nt Head City Clerk City'Manager Z o � � J J n L en a � w t1' w a � N Q 44 M n V _ uti KMfjM h, IL Y V � 0 c 4A Z o d� X j c 4A M d� y Q 4 r$$ QQ.W 9 Q y M ppb. Oe 8 O A 0 N e Aid ' p P Q v u F s .i N C n 3 E A I a 6poo 0 F- Q [3 O p0 O Irj O Q �D ' I �. r-• Ar4M vi in UC yR oR Q G M M cI M �D M M M c cn •— X� 6Q 6Q 6e 6P cu >i_ O M G r3 bO tt it rt �; v w , W •c � � a V U h C W Q o Q C. 3 L 41 C <J C G1 , It 1u u O V COX }r61 a> I .i N C n 3 E A I Ar4M vi in .:A9 tt it rt n N It COX }r61 a> i w o m a Is u s c�.s"Iu v BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION ❑ Appointment �K Reappointment ❑ Joint Appointment NAME: ❑ Joint Reappointment NAME OF BOARD OR COMMISSION: DATE TO BE PLACED ON AGENDA EXPIRATION OF TERM DATE: APPOINTEE'S HOME ADDRESS: Street: City/Zip: Phone: Email Address: __6 k' CGX C � 0� Appointee's Business Name: Ld 1 I � n r �� Cc �( c P el Address: i U l -'c c (9 `� cin,/zip:'�� Ih ( �1 �co�U��(��-1 Phone: _� <l I' -I XI i D, t O - (s' �`1 \ TO REPLACE ON BOARD: ❑ Thank you ❑ Resigned ADDRESS: ❑ Term Expired ❑ Other (explain) City,zip: Appointee Confirmation: Dere: ��; i �B}:�c-AkK J Board of Commission Approval: Original to: Tammara S. Sanderson, Cit%Clerk 130ARD CHAIR.NLAN: Cc: file September 3. 2013 move that the following documents. bids. and proposals be received and filed: DOCUMENTS Insurance Certificates: a) Heflin. Inc. b) Twin States Utilities K Eacayation c) B\ as Masonry 2. Aereements'Contracts: a) Agreement with Jim Steele Construction for construction of Blue Ridge Manor at 1322 'Madison Street (ORD » 2013-06-8041) 3. Right of \N aN Bonds: a) BN as Masonry b) Tsvin States Utilities & Excavation. Inc. 4. Commissioner's Deed for 1245 Park Avenue �. Electric Plant Board of the Cih of Paducah. Kentucky dba Paducah Power System Financial Statements Years Fnded lune 30. 2012 and 2011 6. ;notice of Approval of Evidentiary Materials and Release of Funds for a Conimunity Dei elopment Block Grant Award on behalf of the Four Ricers Behavioral Health Center (ORD 2013-06-8039) 7. Amendment to the Grant A\\ a) for Extension of time for the 2012 Homeland Security Grant Award for the Fire Department (ORD # 2013-08-8061) BIDS ENGINEERING -PUBLIC N ORKS DEPARTMENT Bids for Greenway Trail Phase 11 Project a. Harper Construction. LLC b. Vv ilkins Construction Co.. Inc. c. A&K Construction. Inc. d. Pinnacle. Inc. e. Hi -AN aN Paying. Inc. PROPOSALS PLANNING DEPARTMENT Sale of. - 511 f: 511 North 5°i Street — Tract A 1. HenrN C. & Neca F. Rude 511 'North 5°i Street - Tract B 1. Garc Jackson 517 North 5't Street i 40 feet 1. Garr Jackson Accepted Bid Agenda Action Form Paducah City Commission Meeting Date: September 3; 2013 Short Title: Sale of Bonds authorization - Series 2010, $3,600,000* ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ \lotion Staff Work B�: Jonathan Perkins & Jeff Pederson Presentation Bv: Jonathan Perkins & Jeff Pederson Background Information: The 2013 bond issue will be publicly sold September 19, 2013. Second reading of the ordinance September 17. 2013. Bond proceeds are to be used to finance renovations completed at the moble Park Pool: and for the construction of or renovation of facilities to house economic development projects TeleTech and Maaco Companies. The bond issue is expected to have a15 -year life and the bond size will be approximately S3.600.000*. including the cost of issuance. Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name'. Bond Issue - 2013�d Account Number: Bond Fund Finance Staff Recommendation: That the Mayor & Con-unission approve the proposed bond ordinance. Attachments: Draft of Ordinance Ll)epartmentHead City Clerk City Manager Ordinance prov ides for a 10°'o Variance in size of financing. MUNICIPAL ORDER NO. 1,T(-NICIPAL ORDER APPROVING THE ADVERTISETMENT FOR BID AND DISTRIBUTION OF A PRE1-11\4INARY OFFICIAL STATE IMENT FOR THE PURCHASE OF CITY OF PADUCAH, KENTUCKY GEIt'ERAL OBLIGATION BO'L'DS. SERIES 2013A AND CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATION' BONIDS, SERIES 2013B iN AGGREGATE PRINCIPAL AMOUNTS OF APPROXIMATELY $1,115.000 AND $2.4$5,000. RESPECTI TELY, WHEREAS, the City of Paducah. Kentucky (the "City") has determined the necessity of financing a portion of the costs of the renovation and improvement of a municipal pool (the "2013A Project"); and NVHEREAS. the City has further determined the necessity of financing a portion of the costs of (i) the construction of improvements to an industrial distribution facility located within the City to be leased to a Kentucky subsidiary of I'Aacco Organiclues Incorporated, a Canadian corporation, for use in furtherance of economic dei elopment within the City and (ii) the acquisition; Construction, installation and equipping of an approximateiy 30.000 square foot building to be located on property being leased jointly by the City and the County of McCracken. Kentucky (the "County") and to be subleased to TeleTech Services Corporation, a Colorado corporation, for use in furtherance of economic development within the City (collectively. the "201313 Project," and together with the 2013A Project. the "Projects"; and 1>4'HEREAS. the City has further determined that it is in the best interests of the City that the City proceed at this time �\ ith the financing of the Projects though the issuance of the Clt 's (i) General Obligation Bonds. Series 2013A in the aggregate principal amount of 51.1 15.000 (the "Series 2013A Bonds"). subject to a permitted adjustment increasing or decreasing the principal amount of Series 2013A Bonds by up to S110,000 (the "Series 2013A Permittecl Adjustment") and (ii) Taxable General Obligation Bonds, Series 2013B in the aggregate principal amount of 52,485.000 (the "Series 2013B Bonds." and together with the Series 2013A Bonds. the "Bonds"), subject to a permitted adjustment increasing or decreasing the principal amount of Series 2013B Bonds by up to $245.000 (the "Series 2013E Permitted Adjustment," and together with the Series 2013A Permitted Adjustment. the "Permitted Adjustments"); and 1i'HEREAS, on the 3rd day of September. 2013 the City gave first readinu to. and on the 17th day of September. 2013 proposes to give second reading to and adopt4 an ordinance providing for the issuance of the Bonds in order to provide funds to pay the costs, not otherwise provided for, of the financing of tine Projects. which ordinance is titled as follows. AN ORDINANCE OF THE CITY OF PADUCAH. KENTUCKY AUTHORIZING THE ISSUACE OF (I) CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2013A IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF SI .115,000 (SUBJECT TO A PERA41TTED ADJU'ST'MENT INCREASING OR DECREASING THE PRLNC3PAL ANIOUNT OF SERIES 2013A BONDS BY ?.'P TO Sl 10.000) FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF RENOVATIONS AND IT4PROVED4ENTS TO A NTUNICIAL POOL IN THE CITY OF PADUCAH, KENTUCKY, AND (II) CITY OF PADUCAH. KENTUCKY TAXABLE GENERAL OBLIGATION BONDS, SERIES 2013B IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF S2.485,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING OR DECREASING THE PRINCIPAL A-AIOUNT OF SERIES 2013A BONDS BY UP TO 5635,000) FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION AN EQUIPPING OF VARIOUS ECONOMIC DEVELOPMENT PROJECTS IN THE CITY OF PADUCAH, KENTUCKY; APPROVING THE FORMS OF BONDS: AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF NOTICE WITH THE STATE LOCAL DEBT OFFICER: PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING BON PAYMENT FUNDS: MAINTAINING THE HERETOFORE ESTABLISHED SIN -KING FUND: AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND PURCHASERS FOR THE PURCHASE OF THE BONDS: AND REPEALING INCONSISTENT ORDINANCES. WHEREAS, it is appropriate at this time that the City authorize the advertisement for bid for the purchase of the Bonds. NOW, THEREFORE. BE IT ORDERED BY THE CITY OF PADUCAH. KENTUCKY. AS FOLLOWS: SECTION]. The Cite ofPaducah, a municipal corporation and political subdisision of the Commonwealth of Kentucky, shall issue its "General Obligation Bonds, Series 2013A (the "Series 2013A Bonds") in the aggregate principal amount of approximately S1,115,000 and its "Taxable General Obligation Bonds. Series 2013B (the "Series 2013E Bonds," and together with the Series 2013A Bonds, the "Bonds") in the aggregate principal amount of approximately 52.485.000. SECTION 2. The City shall comply with the requirements of KRS Chapters 66 and 424 by advertising for bids for the purchase of the Bonds. Actions heretofore taken by the City in connection with the preparation of such insuumettts and the distribution of such information bs the City as shall be necessary to accomplish the foregoing, including the preparation of a Preliminary Official Statement (the 'Preliminary Official Statement") sshich Preliminary Official Statement shall be deemed final by the Mayor of the City in accordance with Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). are hereby ratified and approsed. In order to enable prospective purchasers to submit a bid for the purchase of the Bonds, the City hereby cm enants and agrees that it ssill execute, comply smith and carry out all of the provisions of a continuing disclosure undertaking (the "Continuing Disclosure Undertaking") in connection ssith the issuance of the Bonds. Failure to comply with an}such provisions of the Continuing Disclosure Undertaking shall not constitute a default on the Bonds; however.. any holder of the Bonds, including the beneficial owners of the Bonds, may take such action as mase be necessary and appropriate, including seekine specific performance, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. SECTION 3. Proposals for the purchase of the Bonds shall be opened and reviewed by the Finance Director of the City, and shall be acted upon by the City Manager or Finance Director on that same day. based upon the advice of the City's financial advisor. J.J.B. Hilliard, W1. Lyons. I_LC. without the need for further action by this City Commission. The City hereby ratifies and approaes the use of the "Notice of Bond Sale," substantially in the farm attached hereto, vvInch shall be published as required by law. SECTION 4. The City Manager or Finance Director of the City shall, in a certificate of award accepting the successful bid or bids for the Bonds (the "Certificate of Award"), determine the exact principal amount of Bonds to be awarded and the exact rate or rates of interest which said Bonds shall bear, and the interest rate or rates on said Bonds shall be automatically fixed at the rate or rates set out in the successful bid accepted by said Certificate of Award. The proceeds of the sale of said Bonds shall be applied to the costs of the Projects and the costs of issuing the Bonds and shall be expended as provided in the Ordinance authorizing the Bonds. SECTION 5. In the event that no bid shall be accepted for the purchase of the Bonds; bids may again be solicited for the purchase of the Bonds at a future date and hour at the discretion of the Mayor. without the necessity of further authorization by the City. SECTION 6. All motions, orders, resolutions and parts thereof in conflict herewith, are hereby repealed to the extent of such conflict. and this Municipal Order shall be effective inunediately. SECTION 7. This Municipal Order shall be in full force and effect immediately upon its adoption. INTRODUCED, PUBLICLY READ, AND FINALLY APPROVED on one reading. this 3rd day of September, 2013. Gayle Kaler, Mayor Attest Tammy Sanderson. City Clerk CERTIFICATE 1. Tammy Sanderson; hereby certify that I am the duly qualified and acting Cite Clerk of the City of Paducah. Kewuck\. that the foregoing is a full, true. and con-ect copy of a Municipal Order adopted by the City Commission of the Cite, at a meeting duly held on September 3. 2013. that said Municipal Order (together with the Notice of Bond Sale approved therein) appears as a matter of public record in the official records of the City, that said meeting vy'as duly held in accordance %v ith all applicable requirements of Kentucky la\�. including KRS 61.810. 61 .81 5. 61.820, and 61.823, that a quorum was present at said meeting. that said Municipal Order has not been modified. amended. reg oked, or repealed: and that same is now in full force and effect. 2013 IN TESITMONY \V'HEREOF. NNitness my signature on this ___ day of 4 City Clerk EXHIBIT A NOTICE OF BOND SALE Notice is hereby given that electronic bids NxiII be received b} the Cit} ofPaducah. Kentucky (the "Croy"). until 10:00 a.m.: C.T. on September 19, 2013 (or at such later time and date announced at least fork -eight hours in advance \ is the BiDC0A7_PT"/PARITY`r1' system) for the purchase of approximately S 1.1 15.000 of the City's General Obligation Bonds, Series 2013A (the "Series A Bonds") and 52,485.000 of the Cip's Taxable General Obligation Bonds, Series 2013B (the "Series B Bonds." and collectively with the Series A. the "Bonds"). AltenatiNely, \aTinen sealed or facsimile bids for one or more series of the Bonds by the designated time will be received by the Finance Director. 300 South Fifth Street, Paducah. Kentucky 42002 (FAX: (270) 440-8589). The Bonds vgill each be dated their date of initial delivery, will be issued as fully registered bonds in denominations in multiples of 55,000 (Naithin the same maturity), will mature on September 1 of the tears 2014 through 2028. Electronic bids may be submitted via BiDCOMPT"'PARITYT"'. in the manner described below. Additional information. including the Preliminary Official Statement, the Official Terns and Conditions of Bond Sale and the Official Bid Form. may be obtained from the City's Financial Advisor. J.J.B. Hilliard, W.T. Lyons. LLC: 500 West Jefferson Street. Louissille, Kentucky 40202: Telephone. (502) 588-8639 or at http:, pos.hilliard.com. Further information regarding BiDCOMPT" PARITYT1' maN be obtained from BiDCOMPTs',PARITYTM. 1359 Broadway - 2"' Floor, New York. NY 10018, Telephone: (800)850-7422. Sale of Series A Bonds on tax-exempt basis. Issuance of Bonds subject to approving legal opinion of Peck, Shaffer & Williams LLP. Bond Counsel, Covington. Kentucky. The City has designated the Series A Bonds as "qualified tax-exempt obligations" pursuant to Section 265 of the haemal ReCenue Code off986. as amended. Right to reject bids or waive informality reserved. CITY OF PADUCAII. KENTUCKY B% s, Gavle Kaler Mayor 0 Agenda Action Form Paducah City Commission Meeting Date: September 3`. 2013 Short Title: Construction of residential infill at 717 Harrison Street Z Ordinance ❑ Emergency ❑ Llunicipal Order ❑ Resolution ❑ Motion Staff Work By: Steve En -in Presentation By: Steve Ervin Key Components: In order to fulfill the public purpose of redevelopment of the Lower Town Arts District, the City Commission approved the utilization of the $900,000.00 construction line of credit approved by ordinance 9 2012-11-7987 to include construction of residential structures in Lower Town with the adoption of Municipal Order 41724 on June I 1 th, 2013. Currently, staff has a homebuyer in place for a residential construction at 717 Harrison Street. A legally binding purchase agreement has been signed stated their intent to purchase the home from the City upon completion. Using standard policies and procedures which have been successfully applied to the Fountain Avenue revitalization efforts, the home buyer has provided staff with solid proof of financial ability to purchase the structure from the City upon completion of the project including a mortgage commitment from Paducah Bank and a secured escrow account to cover any deficits between the final purchase price and the mortgage commitment. The City is acting solely as a construction management/ funding agent and will be under no liability in this matter. Bids: In full compliance with the City's procurement policies, staff solicited sealed bids through an advertisement in the Paducah Sun on Sunday June 30`h, 2013 for the construction of a 1,700 SF residence to be built at 717 Harrison Street. Bids were opened at 10:01 All on',Ionday, July- 22'`x, 2013. As stated in the Public Notice. awards are to be based on the best -evaluated bid. The following bid criteria were used by to evaluate each bid: 1) 20 Points: Specialized experience or technical expertise of the contractor and its personnel in connection with construction and,'or the rehabilitation of homes including the renovation of historic structures. 2) 20 Points: Past record of performance on contract with the community and other clients, including quality of work, timeliness, and cost control. 3) 20 Points: Capacity of the contractor to perform the work within the time limitations, taking into consideration the current and planned workload of the contractor. 4) 20 Points: Cost 3) 20 Points: Familiarity with local conditions relevant to the proposed project. ,agenda :action Form Page 2 Three bids were received and evaluated with Jim Steele Construction receiving the highest evaluated score or 97 with the bid of $182,965.00 for the proposed project. Staff Recommendations: Staff recommendation is that the City Commission awards the contract to Jim Steele Construction for $182,965.00 for the construction of the infill residential structure at 717 Harrison Street with Planning Staff acting as the construction management team using funds approved for this use by Municipal Order 41724, Goal: ® Strong Economy ❑ Quality Services ® Vital Neighborhoods ❑ Restored Downtowns Funds Available: Finance Account Name: Lowertown Account Number: CD 0075 Attachments: Elevations Agenda Action Form Paducah City Commission Meeting Date: 8-27-13 Short Title: Change Order 93 for Uniform Services for the Fire Department MOrdinance ❑ Emergency ❑ Municipal Order ❑ Resolutiori ❑ Motion Staff Work By: Steve Kyle Presentation By: Steve Kyle Background Information: The primary purpose of this change order is to update and add items that were not previously incorporated into the contract. This does not change the overall amount of the clothing allowance that each employee has but increases the number of items available to each employee. Things included in this change order are clarifications, replacement items, small pieces of equipment available to the individual employee, uniform items that were inadvertently left off of previous actions, and additions for items that have been discontinued by the manufacturer. Goal: []Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Doi%ntowns Funds Available: AcCOUnt Name: Clothing Allowance Account dumber: 001-1801 1802,' l 503 `1 SO4 1805, l 806-522.1610 Finance Staff Recommendation: ,approve change order .=3 for the uniform services contract for the lire department. Attachments; Change order 413 Dep rtment d C iu C Ierk < C its ManaLier Agenda Action Form Paducah City Commission Meeting Date: August 27, 2013 Short Title: Contract with GPEDC ❑Ordinance ❑ Emergency ❑ Municipal Order ❑Resolution ❑ Motion Staff Work By: Presentation By Background Information: Claudia Meeks Jeff Pederson, City Manager As part of the Investment Fund Decision Items for FY2014, the Covairlssion approved appropriation of funding for Greater Paducah Partners For Progress and GPEDC in the amount of 5250,000, to be paid in Quarterly installments. In addition, since GPEDC has absorbed the role and all responsibil1'cs of EntrePaducah, an additional 550,000 was allotted, also payable in quarterly installments. When the City provides funds to any organization, we prepay, .a simple Contract For Services agreement that describes the public services the organization will protide as a restu[t of receiving the city funds. Goal: ❑Strong Economy N Quality Semites❑ Vital Neighborhoodsi_! Restored Downto�4ns Funds Available; This expenditure was appropriated in the FY'O;3 Budget. Account Name: Investment Fund Account Number: 004-0401-536-2307: ED0006'EDO tO l Finance I Staff Recommendation: Authorize the N[ayor to enter into one-time Contracts For Services GPEDC fora total of 5300.000 (5250,000 For GPEDC responsibilities and 550,000 for EntrePaducah responsibilities) Attachments: Ordinance Contract Department Head City Clerk Cite \,Ian Agenda Action Form Paducah City Commission Meeting Date: August 21, 2013 Short Title: 2013/2014 Kentucky Transportation Discretionary Application ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Ntotion Staff Work By: Capt. Don Hodgson Presentation By: Asst Chief Stacey Grimes Background Information: The Kentucky Office of Highway Safety, a division of the Kentucky Transportation Cabinet has competitive, discretionary grant programs that offer reimbursements to police agencies. Kentucky Office of Highway Safety has contacted the police department in regard to discretionary funds that are available and can be requested. In an effort to reduce unsafe driving behaviors and reduce collisions, the Paducah Police Department submitted a letter to request funds through Municipal Order #1734 on July 23, 2013, in the amount of $5,000. These funds will be expended for overtime traffic enforcement. There is no cash match required. If the Commission desires the Police Department to accept an award from The Kentucky Office of Highway Safety it must authorize and direct the Mayor to sign all pertaining documents. Goal:❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Project Title: Highway Safety - $5000 Project #: P00073 Finance File #: 6.249 Acct. #: 001-1602-521.12-01 Staff Recommendation: Approval Department Head City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: September 3", 2013 Short Title: HOME 2012 House 46 — 1403 Monroe Street ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution El -'Motion Staff Work By: Charlie Doherty/Steve Ervin Presentation By: Steve Ervin Background Infonnation: 1403 Monroe Street: "Strathmoor Manor" Key Components: After receiving final SHPO approval to build a new 2012 HOivtE house on the lot at 1403 Monroe Street, staff solicited bids for the construction of the 1,380 SF "Strathmoor Manor" home on this lot in a Public Notice published in the Paducah Sun on August 4`h, 2013. Bids were opened on .-\ugust 20`x', 2013 with the fotlowing results: D&D Construction: Jim Steele Construction: Crawford Contracting: Staff Analysis: $127,370.00 ($92.30/SF) $130,275.00 (594.40,SF) $131,900.00 ($95.5SiSF) as stated in the Public Notice, contracts are to be awarded based on the best evaluated and most responsive bids. Agenda Action Form Page 2 • D & D Construction was the low bidder at $127,370.00. D&D's evaluation was scored at 99 based on previous experience with City projects and being the low bidder. Staff Recommendations: URCDA meets at 4:30 PM on the 3`d of September and based on these staff evaluations, it is anticipated that the URCDA Board will recommend that the Board of Commissioners award the construction contract for 1403 Monroe Street to D & D Construction for $127,370.00. Goal: ® Strong Economy ❑ Quality Services ® Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: 2012 HUME project r s 13010 Account Number: 008-1216-5132307 � V nance Project Number: CD 0081 Staff Recommendation: Approval Attachments: D n1 HeadW City Clerk City Manager ORDIN-\NCE \O- '013-q- \\ ORDINANCE APPRO\ ISG THE RECO\f\fE`+DATIO.\ OF THE LRBAN RENEt\:\1_ AND COMML MTY DEL'ELOPtiIENT .-\GE\CY TO ,ACCEPT THE BID OF JIM STEELE CONSTRICTION FOR CONSTRLCTfON Of- -\ \Eby HOVE -\T 13'3 MADISON STREET—AND AUTHORIZING THE MAYOR TO E-` KI LTE \ CONTR-\CT FOR SAME \\ HERE.\S. on Aw2ust a, 2013, the City of Paducah ,n;iiited bids on behlil )r he L chart R ne cal .end Commune; De elopment .a_ency f L RDC \i or con;tnicuom or a neo home IorsteJ at 1403 Monroe Street: and W HERE.AS, bids were opened on Augu;t 1-0. 2013, by ih: Paducah Planning Department and reatestied by the L RCDA on September 3. 2013. and WHEREAS. the l RCD:\ recommend; the Cit; of Paducah accept the hid :)r D D Construction ui tfu anwwii of ] 1 _".370.01} for the construction of i st-•v home Iocaed .tt 130t Monroe Street consuuction line or credit pro%ided h} Banrorra Bank. BE IT ORDAINED BY THE CITY OF PADUCAH. KENTUCK)i SECTION 1 That the City of Paducah approves [he'econiniendation or the Urban Rcne%al and Communis} Devetopment .agency to accept the 'rid of D & D Construction. in the amount of S(2'..170 W. for the construction )fa ne�� home at 1403 \lonroe Street, is part of the 2U!' HOME Project. Said bid ism substattial compliance .Fish the bid slicciriCsunn,. ad,. ertisement rear bids. and a., on[ained in the btJ Jated Au u;t 20..OI 3_ SECT-i0\t 2 The \favor is hereby authonzed to execute a rnntrict ,c I& D & D Coiu[ru,tion Corr the consuliction of a new hoine at 1403 Monroe Street, accordin!� [o the ,ipeciiicauons. hId proposal and all contract docrunents hen[ofore .irprnA and incorhnratcd ui [he bid, SECTION 3. Thi; oxpendituic %%ill be fundeJ throu;h 2!A2 HO\IE Prnlect. Project account number CD00S1, account nuniberC08-1'_15-313-'_3!i7 SECTION T, This ordinaiwc shall be read on k%+o ev=Fate day. s ,mil kid become :tfac[ne upon ,UnuTtur� publication pursuant to KRS Chapter 424. M.i t or -\TTEST T,immara S. Sanderson, Cit% Clerk Intr�duceJ by the Board of Commissroner,, September 3. 2013 Adopted by the Board of Commissioner,- September '013 Recorded he Tatrimara S, Sattder5on, Citc Cler'c, September _ ?Ol3 Published ht The Paducah Sun. ord1pLin1.contract-Jim Steele Construction- 1403 \h>nroo Agenda Action Form Paducah City Commission Meeting Date: September 3, 2013 Short Title: Sale of Bonds authorization — Series 2010, 531600,000* ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jonathan Perkins & Jeff Pederson Presentation By: Jonathan Perkins & Jeff Pederson Background Information: The 2013 bond issue will be publicly sold September 19, 2013. Second reading of the ordinance September l7, 2013. Bond proceeds are to be used to finance renovations completed at the Noble Park Pool; and for the construction of or renovation of facilities to house economic development projects TeleTech and Maaco Companies. The bond issue is expected to have a15 -year life and the bond size will be approximately 53,600,000*, including the cost of issuance. Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods[:] Restored Downtowns Funds Available: Account Name: Bond Issue - 2013 GRIL Account Number: Bond Fund ce Staff Recommendation: That the Nlayor & Commission approve the proposed bond ordinance. Attachments: Draft of Ordinance I Department Head City Clerk City Manager Ordinance provides fora 10% variance in s¢e of f nancing. ORDINANCE NO. 2013 - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING THE ISSUANCE OF (I) CITY OF P.kDUCAH, KENTUCKY GEN,`ER_-kL OBLIGATION BONDS, SERIES 20 t 3A Ei THE .LPPROXLVIATE AGGREGATE PRENCIPAL A1vIOUNT OF S 1, l 15,000 (SUBJECT TO A PER_ti,IITTED ADJLSTVIENT NCREASING OR DECREASING THE PRLN CIPAL kMOL—NT OF SERIES 20 t 3A BONDS BY-L'I' TO S l 10,000) FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF RENOVATIONS AN -D a[PROVENIENTS TO A VU.NICIAL POOL N THE CITY OF PADL.GC.AH, KENTUCKY, AND (II) CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATION BDNDS, SERIES 2013E IN THE APPROXINIATE AGGREGATE PRINCIPAL A_MOIJIIT OF 52,435,000 (SLBJECT TO A PERMITTED ADJUST-L\,IENT INCREASING OR DECREASING THE PRINCIPAL A-NtOUNT OF SERIES 2013A BONDS BY UP TO S245,000) FOR THE PURPOSE OF FN:IN'CNG A PORTION OF THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQLrIPPNG OF VARIOUS ECONOMIC DEVELOPMENT PROJECTS IN - THE THE CITY OF PADUCAH, KENTUCKY; APPROVING THE FORNIS OF BONDS; AUTHOR[ZNG DESIGNATED OFFICERS TO EXECUTE _AN'D DELIVER THE BONDS; AUTHORIZNG AND DIRECTNG THE MNG OF NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYNfENT AND SECLTRITY OF THE BONDS: CREATING BOND PAY'IENT FL7N'DS; �IATNTANING THE HERETOFORE ESTABLISHED SINKNG FUND; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND PURCHASERS FOR THE PURCHASE OF THE BONDS; AND REPEALING INCONSISTENT ORDN_a\CES. WHEREAS, the City of Paducah, Kentucky (the "City") has heretofore determined that it is a public purpose to reduce unemployment in the City, to incr-.ase the City's tax base, to foster economic development within the City and to promote the development of a skilled workforce, all to the benefit of the citizens and residents of the City; and WHEREAS, the City (the "City") has Further deten.airicd the necessity of tinancinj a portion of the costs of the renovation and improvement or a municipal pool the "2013A Project"); and WHEREAS, the City has further determined the necessity of financing a portion of the costs of ti) the construction of improv-ments to an industrial distribution facility located within the City to be based to a Kentucky subsidiary of ylacco Orgaa quos Incorporated, a Canadian corporation, Cor use in furtherance of economic devetopmert within the City, and (ii) the acquisition, construction, installation and equipping of an approxirnatoly 30,000 square foot building to be located on property being leasedjointly by the City and the County of _McCracken, Kentucky (the "County") and to be subleased to TcleTech Sxvices Corporation, a Colorado corporation, for use in Furtherance of economic development vitilan the City (collectively, the "2013 B Project," and together with the 2013A Project, the "Projects" ); and WHEREAS, the City has detennined that it is in the bestitrtf.rests of the City that the City proceed at this time to finance the Projects through the issuance by the City of its (i) General Obligation Bonds, Series 20t3A in the approximate aggregate principal arnount of 51,115,001) (�,vhich amount may be increased or decreased by up to S 1 10,OM (the "Series 2013A Bonds".) and (ii) Taxabtc General Obligation Bonds, Series 2013B in the approximate aggregate principal arnount of S2,485,000 (which amount may be increased or decreased by up to S245,000) (the "Series 2013B Bonds," and together with the Serios 20t3A Bonds, the 'Bonds"); and WHEREAS, pursuant to the Constitution and Laws of the Cotnmon«ealth o Kentucky, and particularly Sections 66.011 et. seq. of the Kentucky Revised Statutes, as amended (the "General Obligation .=pct") and Sections 58.010 et. seq. oC the Kentucky Revised Statutes, as amended (the "Public Project Act"), a city may issue bonds, subject to the requirements of the General Obligation .pct and,or Public Project ,pct, to pay all or any portion of the costs of financing any public project to the extent that such city is authorized to cause the acquisition, construction, installation and equipping thereof; and WHEREAS, the City desires to cause the Projects to be financed tlla�ough the issuance of the Bonds to be sold and awarded to the successful bidder or bidders (the "Purchasers") at public, competitive sale in accordance with the provisions of Chapter 424 of the Kentucky Revised Statutes, as amended. NOW, THEREFORE, BE 1T ORDAINED by the City of Paducah, Kentucky, as follows: Section 1 — Necessity, Authorization and Purpose. The City hereby declares that it is desirable and necessary to issue, and hereby authorizes the issuairce, of its General Obligation Bonds, Series 2013:x, in the aggregate principal amount of SI,I 15,000, subject to a permitted adjustment (the "Series 2013A Permitted Adjustment") increasing or decreasing the principal amount of Series 2013A Bonds awarded to the purchasers thereof by up to Sl 10,000, for the purpose of (i) paying the costs of the 2013A Project and (ii) paying the costs of issuance of the Series 2013A Bonds. The City hereby further declares that it is desirable and necessary to issue, and hereby authorizes the issuance, of its Taxable General Obligation Bonds, Series 2013B, in the aggregate principal amount of 52,485,000, subject to a permitted adjustment (the "Series 2013B Permitted Adjusttnent," and together with the Series A Permitted Adjustment, the " Permitted Adjustments") increasing or decreasing the principal amount ofSeries 20t3B Bonds awarded to the purchasers thereof by up to 5245,000, for the purpose of (i) paying the costs of the 2013[3 Project and (ii) paying the costs of issuance of the Series 2013E Bonds. The exact principal amount of Series 2013A Bonds andSeries 2013B Bonds to be issued shalt be established in the Certificate of Award (as hereinafter defined). Section 2 — Form of Bonds. The Series 20t3A Bonds shall be issued as hdlg registered Bonds, shall be designated "General Obligation Bonds, Series 2013A", shall each express upon their face the purpose for which they are issued, that they are issued under the .act and shall be substantially in the form set forth in annex A. The Series 20BB Bonds shall be issued as fully 3 registered Bonds, shall be designated "Taxable General Obli-xion Bonds, Series 20t3B", shall each express upon their face the purpose for which they are issued, that they are issued under the Act and shall be substantially in the form set forth in hex B. The Bonds shall be in denominations as requested by tae Purchasers, which shall be in inteogal multiples of five thousand dollars (55,000). The Bonds shall each be dated their date of initial issuance and delivery, or such other date as is determined in a certificate of award accepting the bids of the Purchasers (the "Certificate of award") to be executed by the City Manager or Finance Director of the City on the date of the sale oftlre Bonds. Interest on the Bonds shall be payable each ?,March I and September I (an "Interest Payment Date"), commencing March 1, 2014, at the stated interest rate or rates on the principal amounts thereof, calculated on the basis of a 360 day year with 30 day months,. The Bonds shall be serial or teen Bonds maturing or subject to mandatory sinking fund redemption on September t, 2014 and each September t thereafter in the years and in the amounts to be established in the Certificate of Award after advertised competitive sale of the Bonds based on the interest rates set forth in the successful bid for each of the Series 2013,E Bonds and Series 2013B Bonds (collectively, the "Bids") and the provisions of this Section 2, provided that the final maturity date of the Bonds shall be as set forth in the Certificate of Award but shall be no later than September I, 2025. The interest rate or rates on the Bonds shall be determined in the Certificate of award based on the Bids; provided that the a.,gre.gate not interest cost of the Series 2013A Bonds shall not exceed fiae percent (5.011o), and the aggoi'e,-ate net interest cost of the Series 20t3B Bonds shall not exceed six percent (6.0%). 4 The Bonds issued as term Bonds shall be subject to mandatory sinking fund redemption on the dates, in the years and in the amounts as set forth in the Certificate of .award. The Bonds shalt be subject to optional redemption prior to their maturity on any date on or after September t, 2023, in whole or in part, in such order of maturity as shall be designated in writing by the City, and by tot within a maturity, at the election of the City upon 45 days' written notice to U.S. Bank National Association, Louisville, Kentucky. the paying agent and registrar designated for the Bonds (the "Paying Agent and Registrar") at a redemption price equal to the par amount thereof, plus accrued interest to the date of redemption: At least thirty (30) days before the optional or mandatory sinking fund redemption date o[ any Bonds, the Paying Agent and Registrar shall cause a notice of such redemption either in whole or in part, signed by the Paying Agent and Registrar, io be mailed, First class, postage prepaid, to all registered owners of the Bonds to be redeemed at their addresses as they appear on the registration books kept by the Paying Agent and Registrar, but failure to mail any such notice shalt not affect the catidity of the proceedings for such redemption of Bonds for which such notice has been sent. Each such notice shall set forth the date tiled for redemption, the redemption price to be paid and, if less than alt of the Bonds being- payable by their terms on a single date then outstanding shall be called for redemption, the distinctive series, number or letters, if any, of such Bonds to be redeemed. On the date so designated for redemption, notice hating been mailed in the mamler under the conditions hereinabove provided and moneys for payment of the redemption price being held in the Bond Payment Fund by the Paying .agent and Registrar for the registered owners of the Bonds to be redeemed, the Bonds so called for redemption shall become and be due and payable at the redemption price provided for redemption of such Bonds on such date, interest on the 5 Bonds so called for redemption shalt cease to accrue, and the registered owners of such Bonds shall have no right in respect thereof except to receive payment of the redemption price thereof. The Bonds may be issued in book -entry -only form through the services of the Depository Trust Company ('DTC"). if the City detennines to issue the Bonds in book -entry -only form the Designated Officers (hereinafter detined) are authorized to execute all documents necessary to accomplish such form of issuance. Section 3 -- Execution and Delivery. The Bonds shalt be executed by the manuat or facsimile signature of the Mayor and duly attested by the manual or facsimile signature of the City Clerk (which, together with any other person as may be authorized by resolution are referred to as "Designated Officers") and shall have the seal of the City or a facsimile thereof affixed thereto. Additionally, the Bonds shall bear the manual authenticating signature of the Paying .agent and Registrar. The Designated Officers are further authorized and directed to deliver the Bonds to the Purchasers, upon the terms and conditions provided herein, in the Certificate of Award and in the Bids for the Bonds, receive the proceeds therefor, execute and deliver such certificates and other closing documents and take such other action as may be necessary or appropriate in order to effectuate the proper issuance, sale and delivery of the Bonds. The City authorizes and directs the Paying agent and Registrar to authenticate the Bonds and to deliver the Bonds to the Purchasers upon payment of the pur; rias-, price thereof. Section 4 -- Pavment. Payment of or on account of the merest on and principal of the Bonds shall be made directly to the Paying Agent and Registrar for the account of the registered owner. Interest on the Bonds shall be payable by check, trailed to the person whose name appears on the fifteenth day preceding an Interest Paymcnt Date on the bond registration records 6 as the registered owner, on each trttarest Payment Date or by other transfer of funds acceptable to such registered owner and the Paying Agent and Registrar. Principal shall be payable in such coin or currency of the United States of America as shall be 1 ;al tender for the payment of public and private debts at the time and place of payment upon deli%ery of the Bonds to the Paying .agent and Registrar or by other transfer of funds acceptable to the Paying Agent and Registrar and such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bonds to the extent of the suns or sums so paid. Section 5 -- Filing. The Designated Officers are hereby authorized to undertake and cause att Filings which may be required by law to be filed by the City with respect to the Bonds, inchrding, but not limited to, the ftling with the State Local Debt Officer required by law. Section 6 -- Bond Payment Fund; Pavmem of Bonds. there is hereby established with the Paying .went and Registrar a bond payment find in the name of the City to be known as General Obligation Bonds, Series 2013A Bond Payment Fund (the "2013A Bond Payment Fund"), into which the City covenants to deposit, and into which the Designated Officers are hereby authorized and directed to deposit from the sinking find (the "Sinking Fund") established pursuant to Ordinance No. 2001-5-6353 adopted by the City (the "2001 General Obligation Ordinance"), on or before the twenty-fifth day of each month which precedes an Interest Payment Date, the amount requited to pay principal of and interest due on the Series 2013A Bonds on such [merest Payment Date. The Paying Agent and Registrar shall, without further authorization from the City, withdraw tiom the 2013A Bond Payment Fund, on such hiterest Payment Date, the amounts necessary to pay principal of, and interest on, the Series 201')A Bonds to the registered owner of the same. Ther;, is hereby further established with the Paying want and Registrar a bond payment find in the name of the City to be known as Taxable General Obligation Bonds, Series 20138 Bond Payment Fund (the "20 t 3B Bond Payment Fund," and together with the 20 t 3 A Bond Payment Fund, th:, "Bond Payment Funds"), into which the City covenants to deposit, and into which the Designated Officers are hereby authorized and directed to deposit from the Sinking Fund on or before the twenty-fifth day of each month which pr -,cedes an Interest Payment Datc, the amount required to pay principal of and interest due on the Series 20t3B Bonds on such Interest Payment Date. The Paying Agent and Registrar shall, wiihout ftnrther authorization from the City, withdraw from the 2013B Bond Payment Fund, on such Interest Payment Date, the amounts necessary to pay principal of, and interest on, the Scrits 2013B Bonds to the registered o%vner of the same. Th:. Paying agent and Registrar is hereby appointed depository of the Bond Payment Funds with respect to the Bonds. if the City shall fail or refuse to mance any required deposit in the Bond Payment Funds from the Sinking Fund, the Paying Agent and Registrar shall (i) notify- an,,, agency of the CotTunonwealth of Kentucky or any political subdivision thereof which may collect and distrlbULe taxes or revenues for the City to seek any available necessary or proper remedial action.; and (ii) upon being indemnified against cost and expense, exercise any remedy provided in the _-pct or at law or in equity for the benefit of th:. owner of the Bonds or its assigilee, and shalt disburse all funds so collected to the owners of the Bonds is payment of the Bonds. Section 7 -- General Obligation. The Bonds shall be foil general obligations of the City and, Cor the payinent of said Bonds, and the interest thereon, the full faith, credit and revenue of tine City are hereby pledged for the prompt payment thereof. During the period the Bonds are 11 outstanding, there shall be and there hereby is levied on all the taxable property in the City, In addition to all other taxes, without limitation as to rate, a direct tax annually in an amouc1t sufficient to pay the principal of and interest on the Bonds ►.hen and as due, it being hereby Mound and determined that current tax rates are within all applicable limitations. Said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that tares for general purposes for each of said years are certified, extended and collected. Said tax shall be placed before and in preference to all other items and for the full arnount thereof provided, however, that in each year to the extent that the other lawfully available funds of the City are available for the payment of the Bonds, including amounts available under the Lease, and are appropriated for such purpose, the amount of such direct tax upon all of the taxable. property in the City shall be reduced by the amount of such other funds so available and appropriated. Section 8 -- Nfaintenance of Sinking Fund. The Sinking Fund heretofore established by the City is hereby ordered to be continued and maintained as long as any of the Bonds shall remain outstanding. The funds derived from the tax levy required by Section 7 hereof or other lawfully available funds shall be placed in the Sinking Fund and, together with interest collected on the same, are irrevocably pledged for the payment of the interest on and principal of all bonds issued under the .pct and Tax -Supported Leases, as defined in the Act, when and as the same fall due. .amounts shall be transferred from the Sinking Fund to the Bond Payment Funds at the times and in the amounts required by Section b hereof. Section 9 -- Sale of Bonds; Certificate of Award. The Designated Officers are hereby directed to sell the Bonds to the Purchasers at advertised competitke sale, the final principal amount of, the principal amortization of and the interest rale or rates on the Bonds to be 9 established in accordance with the requirements of Sections i and 2 hereof by adoption of the Certificate of Award. Each of the City Manager and Finances Director of the City- is hereby authorized to execute the Certificate of Award establishing the terms of the Bonds described herein wvithout any further action by the City Commission. Section 10 — Bonds Registered Owners, Transfer Ex; hango. As long as the Bonds executed and delivered hereunder shall remain outstanding, the Paying ,agent and Registrar shall maintain an office for the Registration of such Bonds and shall also keep at such office books for such registration and transfers. The registered owner of the Bords, as set forth in the registration books maintained by the Paying Agent and Registrar on the fifteenth day preceding an Interest Payment Date, or its assignees, for purposes of this Bond Ordinance, to the extent of its interest, shall be treated as the owner of the applicable Bonds and shall be entitled to all rights and security of the owner of the Bonds hereunder. Upon surrendor for registration of transfer of Bonds at tite office of the Paying Agent and Registrar with a written instrument of transfer satisfactory to the Paying Agent and Registrar, duly executed by the registered owner or the registered owner's duly authorized attorney, the Paying Agent and Registrar shall execute and de[Pver, in the name of the desi;-hated transferee or transferees, one or more Bonds of the same series of any authmzed denomination and of a like tenor and effect. SII Bonds, upon surrender thereof at the office of the Paying Agent and Registrar, may, at the option of the registered owner thereof be exchanged t;Or an equal aggregate principal amount of Bonds of the same series of any authorized denomination, fn all cases in which the privilege of exchanging or transferring Bonds is exercised, the Paying _agent and Reyistrar shall execute and deliver Bonds in accordance with the provisions of 40 this Section. Every such exchange or transfer of Bonds, whet;ler temporary or definitive, shall be wit'nout charge; provided that the Paying Agent and Registrar may impose a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the pr vilege of making such exchange or transfer. Section l l -- Disposition of Proceeds of Bonds. The proceeds of the sale of the Series 2013A Bonds shall be deposited, together with other available funds of the City, as follows: (a) accrued interest and rounding amount, if any, shall be deposiied to the 2013A Bond Payment Fund created in Section 6 hereof; (b) an amount sufficient to pay the costs of issuing the Series 2013A Bonds shall be deposited to a special cost of issuance fund hereby directed to be established and designated as the "City of Paducah, Kentucky General Obligation Bonds, Series 20t 1A Cost of Issuance Fund" (the "Series A Cost of Issuance Fund"); and (c) the remainder of the proceeds shall be deposited to a special construction fund (the "City of Paducah 2013A Construction Fund") to be held by the construction fund depository designated in the Certificate of _award (the "2013A Construction Fund Depository") and used for the acquisition, construction, installation and equipping of the 2013A Project. The proceeds of the sale of the Series 2013B Bonds shall be deposited. together with other available funds of the City, as follows (a) accrued interest and rounding amount, if any, shall be deposited to the 2013B Bond Paynscnt Fund created in Section 6 hereof; (b) an amount sufficient to pay the costs of issuing the Series 20I3B Bonds shut be deposited to a special cost of issuance fund hereby directed to be established and desipated as the "City of Paducah, Kentucky General Obligation Bonds, Series 2013B Cost of Issuance Fund" (the "Series B Cost of Issuance Fund"); and (c) the remainder of the proceeds shill be deposited to a special construction fund (the "City of Paducah Construction Fund") to lie lield by the construction fund depository designated in the Certificate of Award (the "20138 Construction Fund Depository") and used for the acquisition, construction, installation and equipping of the 2013B Project, Section 12 -- Further Actions. In connection with the undertaking and implementation by the City of the plan of financing herein described, which i5 hereby expressly directed, th,- Designated Officars are hereby authorized and directed to lace and carry out such Curther necessary, desirable or appropriate actions to effect such plan of financing. Section 13 -- Desi -nation of Series 200A Bonds. The City designates the Series 2013,A Bonds as "qualified tax-exempt obligations" for the purposes set forth in 3 265(b)(3) of the Internal Revenue Code of 1986, as amended. The City does not anticipate issuing more than S t 0,000,000 of "qualified tax. -exempt obligations" during calendar year 20t 3. SLctiorn t-4 -- Discharge of Bond Ordinance. If the City shall pay or cause to be paid, or this:, shall otherwise be paid, to the owners of the Bonds the total principal and interest due or to become due thereon through maturity, in the manner stipuilatod therein and in this Bond Ordinance, then the pledges made under this Bond Ordinance, and ail covenants, agreements and other obligations of the City hereunder, shall thereupon cease, terminate and become void and be discharged and satisfied. Section 15 -- SevcrabiliLV. if any one or more of the provisions of this Bond Ordinance should be determined by a court of competent jurisdiction to bz contrary to fav, then such provisions shall be deemed to be severable from all rzrnamm_1 provisions and shall not affect the validity oCsuch other provisions. 12 Section 16 -- Inconsistent Actions. Atl prior ordinances, resolutions, orders or parts thereof inconsistent herewith are hereby repealed. Section t7 -- Open Ntcetinas Compliance. All meetings of the City Commission and of its committees and any other public bodies, at which the formal actions in connection with the issuance of the Bonds were taken, or at which deliberations that resulted in such formal actions were held, were open meetings, and such formal actions were taken and any such deliberations took place while such meetings, after proper notice, were open to the public, in compliance with all legal requirements including KRS Sections 61.805 through 61.850. Section 18 -- Effective Date, This Bond Ordinance shall become effective immediately upon adoption and publication of a summary thereof, as provided by law. N'TRODUCED AND PUBLICLY REND 0\ FIRST PEADI\G on the 3rd day of September, 2013. PLBLICLY READ, ADOPTED SAD APPROVED O\ SECOND READ1.lG, this the IT" day of September, 2013. Attest: City Clerk C[TY OF PADUC.AH, KENTUCKY 13 Vlavor CERTIFICATION I, the undersigned, do hereby certify that I am the duty qualified and acting City Clerk of the City of Paducah, Kentucky, and as such City Clerk, I fttrther certify that the foregoing is 'a true, correct and complete copy of a Bond Ordinance duty enacted by the City Commission of the City at a duty convened meeting held on the L7th day of September, 2013, on the same occasion signed by the Mayoras evidence of his approval, and nov`in full torte and effect, all as appears tiom the official records of the City in my possession and under my control. [SEAL Witness my hand and the seal of said City as of the day of , 2013. 14 City Clerk :A'\ -',",-E X A Un!, -ss rhi erttticate is prasented by an authonzed rcpresentative of Une Depository Trust Company, a New York corporation 'DTC') io issuer or its ageni for registration of transfer, exchange, or payment ani av, certiticare issued is registered to the name of Cede & Co or to such other name as is requested by an authonzed represertatrre of DTC (and any payment is made to Ce;ie & Co or ro such other entity as is requested by an authorized representa[ive ,t 7i CF, .a,�Y TRA-NSFER, PLEDGE; OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO AN -Y" PERSON tS ��,RO`GFT--L inasmuch as the register;d owner nereoC, Cede & Co., has an interest herein. CO'NWON-WEALTH OF KENTUCI ' CITY OF PA-DUCAH, KENTUCKY GENERAL OBLIGATION BOND, SERFS 2013A No. R -1-t S BOVD DATE: September ____, 2013 tihyTURITY DATE: September 1, ENTER -EST RATE: °/o REGISTERED HOLDER: PR-[NCCPAL kMOU-\T: KNOW ALL PERSONS By, THESE PRESENTS: Thai the City of Paducah, Kentucky (the "City"), for value received, hereby acknowledges itself obligated to, and promises to pay to the registered holder identified above, or registered assigns, the principal sum identified above (or, if any part thereof has been paid, the balance thereof rernairing unpaid), on the maturity date specified above., and to pay interest on said principal sum. (or, if any part thereof has been paid, the balance thereof remaining unpaid) from the date hereof, payable each \-larch J. and September 1, comnr.encing Nlarch 1, 2014, at the Interest Rat,- per annum identified above, calculated on the basis of a 360 day year with 30 day morriths, except as the provisions hereinafter- set forth with respect to prior redemption may be and become applicable hereto. The principal of and interest on this bond are payable, without deduction for exchange, collection, or service charges, in lawful money of the United States of America. Principal is payable at the designated corporate trust office of U.S. Bank National Association, Louisville, Kentucky, or any successor (the "Paying Agent and Registrar") or by other transfer of funds acceptable to the Paying agent and Registrar and such owner. All interest on this bond and principal payable prior to the final maturity date shall be payable by check or draft mailed to the record date registered holder hereof at the address shown on the registration records kept by the Paying Agent and Registrar or by other transfer of funds acceptable to the Paying Agent and Registrar and such owner. The record date shall be the fifteenth day of the month preceding each interest payment date. This Bond is one of an issue of Bonds of like tenor and effect, except as to denomination and maturity, numbered from RA -L upward, inctusive, of the denomination of S5,000 or any 15 integral multiple thereof originally aggregating dollars (S ) in principal amount, issued for the purpose 3C(i) financing a portion of the costs of the renovation and improvement of a municipal pool (he "Project") and (ii) paying the costs of issuance of the Bonds, all pursuant to and in full compliance with the general laws of the Common,,vealth of Kentucky and particularly Chapter 66 of the Kentucky Revised Statutes, and pursuant to an ordinance duly adopted by the City Cornmissio,r of the City on the 17th day of September, 2013 (the "Bond Ordinance") upon the affirmative ,/ote of at least a majority of the members of its City Commission at a public meeting duly and regularly held, and after filing proper notice with the State Local Debt Officer of the CommonEvealth of Kentucky. This Bond and the issue of which it forms a part is a genera: obligation of Cho City and the full faith, credit and revenue of the City are pledged to the payments due hereunder. THIS BONrD IS CONTINUALLY SECURED BY THE FAITH, CREDIT fLN`D REVENt E OF THE CITY. The Bonds mature on the lst day of September of the fo'l.lo:,Ing years, in the respectIVO principal amounts and bear interest at the _following rates of interest: Maturity Date September 1, 201=1 September 1, 2015 September 1, 2016 September 1, 2017 September 1, 2018 September 1, 2019 September 1, 2020 September 1, 2021 September 1, 2022 September 1, 2023 September 1, 2024 September 1, 2025 September 1, 2026 September 1, 2027 September 1, 2028 Amount Interest Rate Per :=-nnum The Bonds maturing on or after September 1, 2024 shall be subject to optional redemption prior to their maturity on any date on or after Septetnber 1, 2023, in whole or in part, in such order of maturity as shall be designated in writing by the City, and by lot within a maturity, at the election of the City upon 35 days' written notice to the Paying agent and Registrar at a redemption price equal to the par amount thereof, plus accrued interest to the date of redemption. [C SERT A.W'vI;-NDATORN- SINK -F G FUND REDE�1PT10N REQC;IRE-1ENTS1 At least thirty (30) days before the redemption date of any Bonds the Paying Agent and Rogistrar shall cause a notice of such redemption signed by the Paying Agent and Registrar, to lei be mailed, First class, postage prepaid, to all registered owners of the Bonds to be redeemed at their addresses as they appear on the registration books Dept by the Paying Agent and Registrar, but failure to mail any such notice shall not affect the validity of the proceedings for such redemption of Bonds for which such notice has been sent. leach such notice shall set forth the date fixed for redemption, the redemption price to be paid and, if less than all of the Bonds bein; payable by their terms on a single date then outstanding shall be called for redemption, the distinctive number or letters, if any, of such Bonds to be redeemed. On the date so designated for redemption, notice haviaa been published in the manner under the conditions hereinabove provided and moneys for payment of the redemption price being held in the Payment Fund by the Paying Agent and Registrar for the registered owners of the Bonds to be redeemed, the Bonds so called for redemption shall become and be due and payable at the redemption price provided for redemption of such Bonds on such date, interest on the Bonds so called for redemption shall cease to accrue, and the registered owners of such Bonds shall have no right in respect thereof except to receive payment of the redemption price thereo f. No recourse shall be had for the payment of the principal of or the interest on this Bond, or for any claim based hereon, against any officer, agent or employee, past, present or future, of the City, as such, either directly or through the City, whether by virtue of any constitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty, or otherwise; all such liability of such officers, agents or employoes is hereby renounced, waived and released as a condition of and as consideration for the issuance, CKecution and acceptance of this Bond. It is hereby certified that all acts, conditions and things required to be done, to occur or bo performed precedent to and in the issuance of this Bond, or in the creation of the obligations of which this Bond is evidence, have been done, have occurred and have been performed in regular and due form and manner as required by lave; that the faith, credit and revenue of the City are hereby irrevocably pledged for the prompt payment of the principal hereof and interest hereon; that the repayment obligation represented by this Bond is not in excess of any constitutional or statutory limitation; and that due provision has been made for the levy and collection of a tax sufficient in amount to pay the interest on this Bond as it Calls due and to provide for the redemption of this Bond at maturity or upon earlier redemption. EN IvVITNESS WHEREOF, the City has caused this Bond to be signed either manually or by facsimile in its name by its Mayor and duly attested either manually or by facsimile by its City Clerk and an impression or facsimile of the City's seal to be imprinted hereon, as of the date set forth above. (SEAL) Attest: CITY OF PADUCAII, KENTUCKY 0 Mayor City Clerk CERTIFICATE OF AUTHENTICATION This is to certify that this Bond is one of the Bonds described hereinabove. Date of Authentication: IS Authotized Signature U.S. Bank National Association Paying Arent and Registrar CERTIRCATE It is hereby certified that the Following is a correct andcomplete copy of the text of the legal opinion of Peck, Shaffer & Williams LLP, Attorneys, Covington, Kentucky, regarding the issue of which the within bond is one, the original of which opinion was manually executed, dated and issued as of the date of delivery of and payment for said issue and a copy of which is on file with the undersigned. City Clerk [FOR -NI OF APPROV[VG OPENIOV] 19 aSS[G'N"N[ET FOR VALUE RECEIVED, the undersigned hereby setts, assigns and transfers unto: (please print or typewrite social security number or other identifying number and name and address of transferee) the within Bond and does hereby irrevocably constitute and appoint the or its successor as Bond paying Agent and Rcgistrar to transfer the said Bond on the books kept for registration thereof with full power cCsubstitution in the premises. Dated 20 Note: The signature to this assigrnnent must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. A-N--`�EX B L"n'.ess this :em,icare is pr seated br an authorized representative of The Depositor? Trust Corrpany, a �ew York corporation �"DTC"i to issuer or its agent or registration of transfer, exchange, cr payment and xi% certifizate issued is registered in the dame of Cede & Co. or in such other name as is requested by an authorized representative of DTC i and any pa�mtent is made io Cede S, Co or to such other entity as is requested by 3n authorized representative ci DTC), -W TIZa.NSFER, PLEDGE, OR OTHER LSE HEREOF POR `ALC,E OR OTHERWISE BY OR TO PE. -?,SOV IS WR0\GFU inasmuch as the registered o%%ner hereon; Cede & Co-, has an Lnterest herein. CO/LIIONWEALTH OF KENT[.,"CICY CITY OF PADUCAH, KENTUCKY T.AYABLE GENERAL OBLIGAT(ON BOND, SERIES 2013B No. PU- -I S BOND DATE: September —, 013 11_ATr �[TY DATE: September 1, [�TEREST RATE: °ro REGISTERED HOLDER: PRINCIPAL ,A-M0I,1;T: ICNOW ALL PERSONS BY THESE PRESENTS: That +e City of Paducah, Kentuckv (the "City"), for value received, hereby acknow-ledges itself obligated to, and promises to pay to the registered holder identified above, or registered assigns, tht principal sum identified above (or, if any part thereof has been paid, the balance thereof remaining Unpaid), on the maturity date specified above, and to pay interest on said principal sum (or, it aav part thereon has been paid, the balance thereof remaining unpaid) from the date hereof. payable each iVlarch L and September t, commencing March 1, 2014, at the Interest Rate per annum identified above, calculated on the basis of a 360 day year kvith 30 day mor63, except as the provisions hereinafter- set forth with respect to prior redemption may be and become applicable hereto. The principal of and interest on this bond are payable, without deduction for exchange, collection, or service charges, in lawful money of the United States of Ameri,;a. Principal is payable at the designated corporate trust office of U.S. Bank National Association, Louisville, Kentucky, or any successor ((he "Paying Agent and Registrar") or by other transfer of funds acceptable to the Paying Agent and Registrar and such owner. :ill interest on this bond and principal payable prior to the final maturity date shall be payable by check or drift mailed to the record date registered holder hereof at the address shown on the registration. records kept by the Paying Agent and Registrar or by other transfer of funds acceptable to the Paying Agent and Registrar and such owner. The record date shall be the fifteenth day of t.e month preceding each interest payment date. This Bond is one of an issue of Bonds of like tenor and -Uect, except as to denomination and maturity, numbered t7om RB -1 upward, inclusive, of the d2riomination of S5,000 or any 2l integral multiple thereof original[y aggregating dollars (S ) in principal amount, issued for the purpose of financing (i) the construction of improvements to an industrial'distribution facility located %vithin the City to be leased to a Kentucky subsidiary- of Macco Organiques Incorporated, a Canadian corporation, for use is furtherance of economic development within the City, (ii) the acquisition, construction. installation and equipping of an approximately 30,000 square foot building to be located on property being [cased Jointly by the City and the County of McCrackon, Kentucky (tire "County") and to be subleased to TeleTech Services Corporation, a Colorado corporation, Cor use in furtherance of economic development within the City (collectively, the "Project") and (iii) paying the costs of issuance of the Bonds, all pursuant to and in full compliance with the general laws of the Commonwealth of Kentucky and particularly Chapter 66 of the Kentucky Revised Statutes, and pursuant to an ordinance duly adopted by the City Commission of the City on the [7th day of September, 2013 (the "Bond Ordinance") upon the affirmative vote of at least a majority of the members of its City Commission at a public meeting duly and regularly held, and after filing proper notice with the State Local Debt Officer of the Commonwealth of Kentucky. This Bond and the issue of which it forms a part is a general obligation of the City and the full faith, credit and revenue of the City are pledged to the payments due hereunder. THIS BOVD IS CONTF-\;UA ..LY SECURED BY THE FAITH, CREDIT AND REVENFUE OF THE CITY. The Bonds mature on the Ist day of September of the following years, in the respective principal amounts and bear- interest at the following rates of interest: Nlaturit% Date September 1, 2014 September 1, 20 t 5 September 1, 2016 September 1, 2017 September 1, 2015 September 1, 2019 September 1, 2020 September 1, 2021 September 1, 2072 September 1, 2023 September 1, 2024 September [, 2025 September 1, 2026 September l , 2027 September 1, 2025 Amount Interest Rate Per A-UnU m The Bonds maturing on or after September 1, 2024 shall be subject to optional redemption prior to their maturity on any date on or after September [, 2023, in whole or in part, in such order of maturity as shall be designated in %vriting by the City, and by lot within a maturity, at the election of the City upon 15 days' written notice to the Paying agent and Registrar at a redemption price equal to the par amount thereof; plus accrued interest to the date o f redemption. (INSERT ANY NLVN-DAT0RV SMING FUND REDEMPT1O7'," REQUIRE\[F.�TS] At least thirty(30) days before the redemption date of any Bonds the Paying Agent and Registrar shall cause a notice of such redemption signed by the Payirng Agent and Registrar, to be mailed, first class, postage prepaid, to all registered owners of the Bonds to be redeemed at their addresses as they appear on the registration books kept by the Paying :Agent and Registrar, but failure to mail any such notice shall not affect the validity of the proceedings for such redemption of Bonds for which such notice has been sent. Each such notice shall set forth tha date fired for redemption, the redemption price to be paid and, if less than all ofthe Bonds being payable by their terms on a single date then outstanding shall be called for redemption, the distinctive number or letters, if any, of such Bonds to be redeemed. On the date so designated for redemption, notice having been published in the manner under the conditions hereinabove provided and moneys for payanent of the redemption price being held in the Payment Fund by the Paying Agent and Registrar for the registered owners of the Bonds to be redeemed, the Bonds so called for redemption shall become and be due and payable at the redemption price provided for redemption of such Bonds on such date, interest on the Bonds so called for redemption shall cease to accrue, and the registered owners of such Bonds shall have no right in respect thereof except to receive payment of the redemption price thereof. No recourse shall be had for the payment of the principal of or the interest on this Bond, or for any claim based hereon, against any officer, agent or employee, past, present or future, of the Cite, as such, either directly or through the City, whether by virtue of any constitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty, or othcm ise; all such liability of such officers, agents or employees is hereby renounced, waived and released as a condition of and as consideration for the issuastce, execution and acceptance of this Bond. ft is hereby certified that all acts, conditions and things reclured to be done, to occur or be performed precedent to and in the issuance of this Bond, or in the creation of the obligations of which this Bond is evidence, have been done, have occurred and have been performed in regular and due forth and manner as required by lave; that the faith, credit and revenue of the City are hereby irrevocably pledged for the prompt payment of the principal 'hereof and interest hereon; that the repayment obligation represented by this Bond is not in excess of any constitutional or statutory limitation; and that due provision has been made Cor the levy and collection of a tax sufficient in amount to pay the interest on this Bond as it falls due and to prOVide for the redemption of this Bond at maturity or upon earlier redemption. 23 IN WITNESS WHEREOF, the City has caused this Bond to be signed either manually or by facsimile in its name by its Mayor and duly attested either manually or by facsimile by its City Clerk and an impression or facsimile of the City's seal to be imprinted hereon, as of the date set forth above. (SEAL) .attest: CITY OF PADCCAH, KENTUCKY Mayor City Clerk CERTIFICATE OF AUTHENTICATION This is to certify that this Bond is one of the Bonds described hereinabocc. Date oPAuthentication: 24 AUthoiized Signature U.S. Bank National Association Paying Agentand Registrar CERTIFICATE It is hereby certified that the following is a correct and complete copy of the test of the legal opinion of Peck, Shaffer & Williams LLP, Attorneys, Covington, Kentucky, regarding the issue of which the within bond is one, the original of which opinion was manually executed, dated and issued as of the date of delivery of and payment for said issue and a copy of which is on fila with the undersigned. City Clerk [FORM OF APPROVING OPINION] 25 aSSIGNAIENT FOR VA C -E RECE[VED, the undersigned hereby sells, assigns and transfers unto'. (pl.ase print or typewrite social security number or other identifying number and name and address of transferee) the within Bond and does hereby irrevocably constitute and appoint the or its successor as Bond Paying Agent and Registrar to transfer the said Bond on the books kept for registration thereof with frill power of substitution in the premises. Dated -e2-4:, 26 Note: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Agenda Action Form Paducah City Commission Meeting Date: September 3, 2013 Short Title: Change Order 4I for the Purchase of Two new Triple Combination Pumper Trucks for use by the Paducah Fire Department ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By Rick Murphy, P.E., City Engineer -Public Works Director Steve Kyle, Fire Chief Background Information: On March 19, 2013, Ordinance 920t3-03-8022 was adopted accepting the bid from Bluegrass Fire Equipment Company, Inc., as the Vendor and Pierce Manufacturing, Inc. as the Manufacturer for the purchase of Two Triple Combination Pumper Trucks for use by the Paducah Fire Department for the pre -payment amount of $832,354.00. On April 11, 2013, the contract for the two Fire Pumper Trucks was executed, pre -payment was made and the process of manufacturing the Fire Pumper Truck began. As assembly progressed on the Pumper Trucks, it was discovered that certain items should be added to the original contract order. Attached is Change Order #1 listing the specific items, resulting in an increase of $3,366.00. Therefore, with the addition of this Change Order #1, the new contract price for the Two Triple Combination Pumper Trucks will be $835,720.00. Goal: _]Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Fleet Fund Account Number: 071-0210-542-4011 E7Finauce] Staff Recommendation: To adopt an Ordinance authorizing Change Order # 1 with Bluegrass Fire Equipment Company, Inc., as the Vendor along with Pierce Manufacturing, Inc. as the Nlanufacturer for the purchase of Two Triple Combination Pumper Trucks to be used by the Paducah Fire Department in the amount of $3,366.00, increasing the contract amount to $835,720.00. Attachments: Change Order #1, Original Contract, Original Ordinance J Depart nt ad City Clerk City Manager C1W16EOFDfR PAW 1 OF I CITY OF PADUCAH ENGINEERING PUBLIC -WORKS DEPARTMENT CHANGE ORDER CHANGE ORDER NO: 1 DATE: August 262013 NAME OF PROJECT: Two Triple CombfmllGn Pumper Tweta _ OWNER: City of Paducah, Kentucky Bluegrass Fire Equipment Company aid VENDOR: Pierce Manufacturing Company, Inc. THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMEIITS: Additions to the Purchase of Two Pumper Trucks Authorized by Ordlnanca N2013-3.6022: Full width step rear of body below hosebed $433.04 Each x 2 Trucks $866.08 Two sddilional folding steps with handralls and lights $969.00 Each x 2 Trucks $1,978.00 12V spare wiring added N compartments D1 -1)3 -Pi -P3 $261.00 Each x 2 Trucks $522.00 CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE INCRE\SEO BY: ORIGINAL CONTRACT PRICE: CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS: NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER WILL BE: THE CONTRACT TIME WILL BE INCREASED BY: APPROVALS REQUIRED: CITY ENGINEER -PUBLIC WORKS DIRECTOR $3,366.00 I $832354.00 $0.00 $036,720.00 0 Days DATE DATE DATE DATE ORDINANCE NO, 2013-3 =6�arr'17 i AN ORDINANCE ACCEPTING THE BID OF BLUEGRASS FIRE EQUIPMENT COMPANY AND PIERCE MANUFACTURING, INC., FOR SALE TOFU CITY OF TWO TRIPLE COMBINATION PUMPER TRUCKS FOR USE BY THE FIRE DEPARTMENT, AND AUTHORJZIl IG THE MAYOR TO EXECUTE A CONTRACT WITH BLUEGRASS FIRE EQUIPMENT COMPANY AND PIERCE MANUFACTURING COMPANY. NC. BE IT ORDA['IED BY THE CITY OF PADUCAH, KE1I7UCKY: SECTION I. The City of Paducah accepts the bid of Bluegrass Fire Equipment Company as the vendor and Pierce Manufacturing, Inc. as the manufactu-cr in the amount of $863,588.00, for sale to the City of two Triple Combination Pumper Trmts, for use by the Fire Department, said bid being in substantial compliance with bid specifications, and as contained in the bid of Bluegrass Fire Equipment Company and Pierce Manufacturing, of February 15, 2013. However, Pierce Manufacturing Company, Inc. has proposed a deduction in the ameuat of $31.234.00 from the proposal price if the City makes a 100% prepayment for the Triple Combination Pumper Truck upon contract acceptance. If the 100% prepayment is approved, the price for the new Triple Combination Pumper Truck would then be $852,354.00. SECTION 2. The Mayor is hereby authorized to axecutearcontract bctvmen the City of Paducah Bluegrass Fire Equipment Company, and Pierce Manufacturing, bic. for the purchase of two Triple Combination Pumper Trucks, authorized in Section I above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporate) Ln the bid. SECTION 3. This purchase shall be charged to the FleetFund account, VD -0210.542- 4005. i , SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. i .ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, March 12, 2013 Adopted as Amended by the Board of Commissioners, ivfarch 19, 2013 Recorded by Tammara S. Sanderson, City Clerk, March N, 2013 Published by The Paducah Sun, ord%pwortsltr.ck—fire-triple combination pumper 2013 t_J 4A� cosco AGR=—'mE`1T 'age I Y CITY OF PAOUCAH, KENTUCO ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT FOR TWO TRIPLE COMBINATION PUMPER TRUCKS FOR USE BY THE FIRE DEPARTAIENT THIS AGREEMENT, made this t L"" day of 2013 by and betNeen the CITY OF PADUCAH, hereinafter called the OWNER, and BLUEGRASS FIRE EQUIPMENT COMPANY, INC., hereinafter called the VENDOR, and PIERCE MANUFACTURING, 14C., hereinafter called the MANUFACTURER, for the con.sideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The 1klanufacturer shall provide and the Vendor shall deliver T,vo Triple Combination Pumper Trucks for use by the City Fire Department in in full compliance w(tf the Specifications as contained in the Bid Proposal Dated February 15, 2013. The Two Pumper Trucks iuopiied shall be in accordance with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2, TIME FOR COMPLETION AND LIQUIDATED DA1NIAGE3 The Vendor and Manufacturer hereby agrees to commence lAwk under this and to fully complete the delivery of the Two Pumper Trucks within Seven (7) Months as directed by the (Notice To Proceed, ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Vendor and Manufacturer for the p&orman,ce of the Contract, subject (o additions and deductions provided therein the fol{owing amount: • Eight Hundred Sixty Three Thousand, Five Hundred Eighty Eight Dollars and INC Cents ($863,588.00) for Two Triple Combination Pumper Trucks 3s quoted in the aforementioned Bid Proposal. • Y/ith a Total Pre -Payment Discount Savings of Thirty One Thwaard, Two Hundred Thirty Four Dollars and No Cents ($31,234.00) as offered by the Manufacturer, • Therefore, the FINAL PRE -PAYMENT AMOUNT shall beEirht Hundred Thirty Two Thousand, Three Hundred Fifty Four Dollars and No Cents (5832,354.00) for the purchase of Two Triple Combination Pumper Trucks. Which total Prepay Amount shall constitute full compensation for the purchase of the Two Triple - - Combination -Pumper Truck authorized herein. ARTICLE 4. PAYN1ENTS Tre Total Pre -Payment Amount will be made in full upon exacution of the vontract in accordance with the Pre -Payment Discount. ocsco >GREEWE`C ?age 3 ii' ARTICLE 5. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN VNITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. BLUEGRASS FIRE EQUIPMENT CO, INC VENDOR BY ohn Baker, President ADDRESS: P. O. Box 23174 Lexington, Kentucky 40523 PIERCE MANUFACTURING, INC. MANUFACTURER BY �, Nam�ed�Title ADDRESS: P. O. Box 2017 Appleton, Wisconsin 54912-2017 CITY OF PADUCAH, KENTUCKY H AE Post Office Box 2267 Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: September 3, 2013 Short Title: Authorize a Contract with Harper Construction, LLC, for the Construction of the Greenway Trail Phase II Project ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Nlgr Presentation By: Rick Nturphy, P.E., City Engineer -Public Works Director Background Information: On Wednesday, August 14, 2013, sealed bids were opened and read aloud for the Greenway Trail Phase II Project. Five responsive and responsible bids were received, with Harper Construction, LLC, submitting the lowest bid in the amount of $672, 502.45. This bid was below the revised construction cost estimate. This Project is primarily funded with a FHWA Transportation Enhancement Grant administered by the Kentucky Transportation Cabinet Office of Local Programs (KYTC-OLP) in the amount of $500,000 with a 20% City match. The sources of the City funds are available from the Boyles Estate Community Foundation and the remainder of the Greenway Trail Phase f funds. As required by the FHWA grant LPA process, documentation was forwarded to the KYTC- OLP recommending the award of the Project to Harper Construction, LLC, and confirmation was received from Ms. Kim Tompkins on August 28, 2013, copy attached. Goal: ❑Strong Economy ®Quality Services ®Vital Neighborlioods ❑Restored Downtowns Funds Available: Account Name: Greenway Trail Phase II( Z`' 13 Account Number: 040-8821-536-2307 PA0078 �inance Staff Recommendation: To receive and file the bids and adopt an Ordinance authorizing the Mayor to execute a contract with Harper Construction, LLC, in the amount of $672,502.45 for construction of the Greenway Trail Phase II Project Attachments: Bids, Advertment, KYTC-OLP Documentation, Proposed Contract J Depart ent H d City Clerk City Manager CITY OF PAOUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT Greenway Trail Phase II Project REVISED BID TAB Bid Opening: 2:00 PM CST, Wednesday- August 14. 2013 L,OVVEST RESPONSIVE BID Mobilization and Demobilization Amount Verification -�::a 5IZ P:.:no,.' Mon 3 Derpcin 5630,478.52 $751 5809.188.44 $916.396.00 S93&567 70 $31.523.93 537.844 12 $40.459.42 $45.819,80 $46.928.39 59.457.18 I 511,353.24 1 12.137,83 $13.745.94 $14,07852 3D-2 a: C'=e'�:'c ' _ 'dc� Z C- _ AC:. 3rC D._ _ _ ae ...... C __ a OFFICIAL BIDDER OF RECORD: Contact Mailing Address- Harper Construction LLC Jay Edwards Vice President 615 Northview Street Paducah. KY 42001 Wilkins Const'uction Co.. Inc Jeff Wilkins. President 514 Louisiana Street Paducah, KY 420023027 A& K Construction, Inc, Bill Boyd. Vice President 100 Calloway Coun Paducah. KY 42001 Pinnacle, Inc 'Dennis Smith President P O Sox 352 Benton. KY 42025-0352 Hi•Way raving, Inc Jamas Ta}lc(. President 4343 Weaver Ci. 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LB SC 36 52u 398 2C S- CC S2° 37C OC S' d9 5420' 3C ]C S2E.370 CC 5' 513_- 29CC10-E_ �Sipr:':' 4�:(. ;. 1� CONCRETE ' 2C� SQ'4C 525 25 3"c' 800 CO S36 CC 5259 240 JC SA2 58 S3C 295CC S3- DO 5338 4CC 00 S4' 00 924` 200 OC 2^.,._ -- E' E_TRI ;,,� ,5 530 3CC 0•;. 53.. XC 3C S2 -.23C DC 52' ,^, CC SK34 530 ' 34 = S,'. _- CC SC 7:0 DC a2- 6-0 'JC S2" 57, . E '.14RK S^R BAR. 7_4 �!� '=,N` j 66 ..= 5' - __ S68C CC ]C 574E i3 5' C 02 5--3 24 S' SC 5'82 0C 5'9 X. i 3�BC 9C 2"=E,'NG cq':'!C:' �� lF•,.tEs" I 6C _- 3c 5C 7 cC JC 5` CG S30C JG 35 u' 5328 2: S30C -3G Cr S12C JC 3 - 6NC - CS.CM1. CCNrRC'_ __ 5' 4 %-:- CC _ - - 3 ]G 5S 250 JC S3 25C JG 59 33- OC S9 E3- JC Sc. ;OC ;. Sgt )7C Or S3C --S'CE= C_'_ .'c? -'v, kEA„i': A__ l c2 _- S' C 2 34 'i. Soy 76' 08 :, '� C S92 3C; 2C S' a22 ;r S3- e84 'O 5- 9"S 'C 594'38 CC S" b6' GO 58' ago )'- �2 C�7C _RB�Cr DR, , 2C _F �2 ]C 53 . �= Co 3220 DO S4 17] JC S 3- 8:: S6 22= S35C JC S05 .,., S, a5C Do 3305 70 i' 83C CC „-_,CC 58 i C' 3:3 '8 S' 39E F AiCRC= 2 54C- 532- 3C Sc6:. J^ 336E C. S-2^_ __ 5_' -Sc 23 S' _ S3' �_ 5'=8 CSC. 5725 ,0 ?c3: JC .65.3'v� IFA,E'AC- �AARKiNG -'AIN- c�i:IBC_ 2 -r..- 5250 C.: S3"C 7C 32T. __ 55.5] GC 527326 5346 36 .282 C� _E _ CSC 5250 CC i 55:.- 500TOTAL TOTALBID $672,502.45 $798,882.35 $839,993.62 $976,215.80 $998.667.70 Mobilization and Demobilization Amount Verification -�::a 5IZ P:.:no,.' Mon 3 Derpcin 5630,478.52 $751 5809.188.44 $916.396.00 S93&567 70 $31.523.93 537.844 12 $40.459.42 $45.819,80 $46.928.39 59.457.18 I 511,353.24 1 12.137,83 $13.745.94 $14,07852 3D-2 a: C'=e'�:'c ' _ 'dc� Z C- _ AC:. 3rC D._ _ _ ae ...... C __ a CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT Greenway Trail Phase II Project REVISED BID TAB Bid Opening: 2:00 PM CST. Wednesday. August 14, 2013 LOWEST RESPONSIVE BID OFFICIAL BIDDER OF RECORD: Contact. Mailing Address. Harper Construction, LLC Jay Edwards. Vice President 616 Northmew Street Paducah, KY 42001 Wilkins Construction Co.. Inc Jeff Wilkins. President 514 Louisiana Street Paducah. KY 42002-3027 A& K Construction, Inc Bill Boyd. Vice President 100 Calloway Court Paducah. KY 42001 Pinnacle. Inc. Dennis Smith, President P O Box 352 Benton. KY 42025-0352 Hi.Way'anng. Inc. James Taylor. President 4343 Weaver Ct Hilliard. On 43026-0550 OWNER EVALULATION OF BIDS: REQUIRED DOCUMENTS', " Bm Bo.'e = e'3d vas "as yes Yes B,._er', [e'brcaaon SeC...n :0325 - SgneO enc 1. r,, Yes "e_ vc eon'- a=, I—C nc.. mno 02s Cerreto- ves "es Yes as e: Subcontractors- DBE Subcontractors Cart, Paving Brehm 31rsnn-y Central Po nng nc Enlervises-DBE B'0°r vac Enterpecs DBE 2', JaYSEecVm Jag Inc JBE' Gacdc-Sharrrocx 'a,S Eleancal BouneLark Brehrr Striping Bourne Clara Brehm SVm.ng 3rahr S:n.mc - Enterprses :BE p1n Jays Eleanc Gaddle-Snarr rock Jam es Sa rser '•mrsa- Gadd" Shamrock Brehm Striping Jame=_ Sa..ers Vursery Jays dacmc JBE 0-a Central Pawn. RESPONSIVE &RESPONSIBLE BIDDER: I, Yes Yes ves _ BID RECOMMENDED FOR ACCEPTANCE "es NC No Nc Angela Weeks From: Tompkins, Kimberly (KYTC) <Kimberfy.Tompkins@ky.gov> Sent: Wednesday, August 28, 2013 8:23 AM To: Angela Weeks Cc: Cheryl Meadows; Steve Ervin; Mark Thompson; Rick Murphy; Stansel, Rick (KYTC); Jones, Michael (KYTC); Jones, Jackie (KYTC) Subject: City of Paducah -Greenway Trail Phase II Project - Notice to Proceed with Award for Construction The Kentucky Transportation Cabinet, Office of Local Programs (KYTC 0I..P) has received and reviewed the competitive bid documents submitted for the subject project. Based on documents as submitted, KYTC OLP approves the award to Harper Construction, LLC. Please continue to adhere to the provisions of the Federal -Aid Highway' Program Project Development Guide for Local Public Agencies. Failure to follow these provisions can adversely( affect your project. All changes and alterations to your project must be submitted to this office prior to construction or purchasing for review and compliance with State and Federal Regulations. We look forward to working with you to move this project forward. If you have any questions, please contact OLP at (502) 564-2060. Kiri Tompkins Program CoordinatorllPAIII Office of Local Programs Dept of Rural & Municipal Aid Kentucky Transportation Cabinet 6th Floor East 200 Mero Street Frankfort, KY 40622 502-564-2460 General Office Phone 502-782-4737 Direct Line 502-5646615 fx transporlation,ky.gov We hav? 3Pen-2d- on App. iC3'tic' n Cys ? for boih old T-- and i'v]&?v TAP _K',;ions Alii; b'? acz2pt2d -until Close of I isin-2ss Octo� cr 24th, 'i'i You ha Y-2 3 pro,:act Y23-dy _,md mfrtC.h is avm;!/ab' e, H=, 2 i3 a :ink i:o `'Cne TAP Application . From: Stansel, Rick (KYTC) Sent: Tuesday, August 27, 2013 4:12 PM To: Tompkins, Kimberly (KYTC) Ce: Jones, Michael (KYTC), Jones, Jackie (KYTC) Subject: City of Paducah -Greenway Trail Phase II Project There were five (5) bids submitted on the subject project. The bids are as follows: Harper Construction, LLC $672,502.45 -30.71% Prequalified Wilkins Construction Co., Inc. $798,882.25 -17.69% Prequalified A & K Construction, Inc. $839,993.62 -13.45% Prequalified Pinnacle, Inc. $976,251.80 +0.58% Prequalified Hi -Way Paving, Inc. $998,667.70 +2.89% Prequalified Engineer's Estimate $970,581.00 Harper Construction, LLC bid is (-) $298,078.55 or (-)30.71% below the Engineer's Estimate. There was a 8% DBE Goal established for this project. The project was advertised for 24 days and was placed on Construction Procurement's website. Harper Construction, LLC will utilize Vic Enterprises a KYTC Certified and Prequalified DBE. Vic Enterprises will be performing incidental work items such as guardrail, seeding and sidewalk in the amount of $53,822.29 or 8% DBE Participation. Harper did certify their DBE participation in the proposal. Based on Harper Construction, LLC bid being 30.71% under the Engineer's Estimate and Harper meeting the DBE Goal with 8% participation, I recommend that the City of Paducah be issued a Notice to Proceed to Award for Construction. According to the documents submitted by the city there are funds to construct this project. If you have any questions or comments, please advise. Rick Stansel Rick .blurphv. P1" �]IV l.iikittrci August 22, 2013 Rick Stansel Kentucky Transportation Cabinet Office of Local Programs 200 Mero Street Frankfort, KY 40622 i�l`✓� li CITY OF PADUCAH i00 ,SOU ii Edi S[ICC[ P 0. Box 220- I.a00% RE: Greenway Trail Phase li Project - Bid Acceptance Recommendation Dear Mr. Stansel: On Wednesday, August 14, 2013, sealed bids were opened and read aloud for the Greenway Trail Phase II Project. Five responsive and responsible bids were received, with Harper Construction, LLC, submitting the lowest bid. The City of Paducah would like to recommend acceptance of the low bid of Harper Construction, LLC, in the amount of $672,502.45. In accordance with the documents included herein, l am requesting KYTC's concurrence with the City of Paducah's recommendation to award this project to Harper Construction, LLC. Copies of the following documents related to this bid opening have been attached: o Bid Documents of the responsive bids received, irrrluding: Bid Proposals Bid Bonds o Signed Contractor's Certification form a KYTC Prequalification Certifications of each Contractor KYTC Prequalification Certifications of each Subcontractor KYTC Prequalification Certifications of each DBE Subcontractor a DBE Information Certification Harper Construction, LLC - Additional Documentation o DBE Plan/Subcontract Request Form TC 14-35 Bid Tabulation of Bids received Revised Construction Cost Estimate o Revised Budget Information o Advertisement Addendum #1 Rick Stansel August 22, 2013 Page 2 of 2 As you are aware, the construction season is upon us and we would like to proceed as soon as possible. Therefore, any consideration to expediting our request would be greatly appreciated. In the event you or a member or your staff have any questions or require additional information, please contact Ms. Angela Weeks of my office at 270-444-8511. Sincerely, r Ri Murphy, P. City Engineer-Pu61i Works Di clot RM:aw Gayle Kaler, Mayor Jeff Pederson, City Manager Mark Thompson, Parks Director Steve Ervin, Planning Director Jon Perkins, Finance Director Jessica Herring, KYDOH District One Iosco AGREEMENT Page 1 of 2 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT GREENWAY TRAIL PHASE II PROJECT AGREEMENT THIS AGREEMENT, made this day of , 2D13 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and HARPER CONSTRUCTION, LLC, hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as fo'lows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to fumish all the necessary labor, materials, equipment, tools and services necessary for the construction of the GREENWAY TRAIL PHASE II PROJECT, All Work shall be in accordance with this Agreement, the Plans, Specifications and any Addendum(s) issued. Throughout the performance of this Contract, the Engineering -Public Works Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. All work done by the Contractor shall he completed under the general supervision of the Engineer. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Contractor hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the project within One Hundred and Fifty (150) consecutive calendar days thereafter. Failure of the Contractor to complete the work in the time specified above plus any extensions allowed in accordance with the General Conditions shall result in the assessment of liquidated damages for the delay (not as a penalty). Liquidated damages shall be in the arnount of Two Hundred and Fifty Dollars ($250.00) for each consecutive calendar day for failure to meet the final completion date and the total amount shall be withheld from the final payment as provided in accordance with the Specifications. ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein: Six Hundred Seventy Two Thousand Five Hundred Two Dollars and Forty hive Cents ($672,502.45) as quoted in the Bid proposal by the Contractor dated August 14, 2013, which shall constitute full compensation for the work and services authorized herein. ARTICLE 4. PROGRESS PAYMENTS Payments for Work Completed will be made in accordance with the Specifications. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due sixty, (60) days after substantial completion of the work, provided the work will then be fully completed and the Contract fully performed in accordance with the specifications. ARTICLE 6. THE CONTRACT DOCUMENTS The Plans, Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. HARPER CONSTRUCTION, LLC BY Tll ADDRESS: 616 Northview Street Paducah, Kentucky 42001 CITY OF PADUCAH, KENTUCKY BY Gayle Kaler, Mayor ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267 0050 AGREEMEW Page 2 of 2 Agenda Action Form Paducah City Commission ivleeting Date: September t. 3013 Short Title: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER [NTO A CONTRACT AND EXECUTE ALL DOCUMENTS NECESSARY WITH MARCUM ENGINEERING LLC, FOR THE FINAL PHASE JULIAN CARROLL CONVENTION CENTER RENOVATION PROJECT ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ \,[Orion Staff Work By: Doolittle Presentation By: Doolittle Background Information: This is to provide scoping, engineering, design and bid documents for the final phase of the con%entiou center and showroom project. The primary Goal of this design work 1; to create design work For alterations to the kitchen area and the old hole[ Showroom. Since thisjob i) primarily engineering, e.2mechanical, electrical, and ptumbi112. a local architecture firm will be sub -contracted by the Engineer. it kill be Peck. Flannery, Gream, and Warren of Paducah. The design was not bid for two reasons. First. professional services are not required to be bid by city code or state procurement statute. And secondly, these are the same engineers, architects, and designers for all previous phases of this project. They hate the most built up knokled�ze hale of the building and its mechanical and electrical systems. [i's critical to do this work now, since we are actively seeking to sell the air dome and the hotel is nearing its construction schedule. The contract proposes a tee schedule to be 10"'c of the construction. Goal. ❑Strong Economy ❑ Quality Ser ices❑ vital Neiglrhorhoods❑ Restored Funds Available_ Account Name: DT003 t Account Number: 040 44 11 592 2307 F7Finance .mends .Action Forin Staff Recommendation: Paye The staff recommends that the Mayor and City Board of Commissioners aecard Marcum Engineering of Paducah with this design contract. An appropriation for this award was not included in this budget, but may be added to the eventual bond that will be used for this particular capital improvement. Clerk II C Head AIADocument B1 02"' — 2007 Standard Form of Agreement Between Owner andArchitect without a Predefined scope of Architect's Services AGREEMENT made as of the 30th day of April in the year 2013 (In ivords, indicale day, month and year.) ADDITIONS AND DELETIONS: Thirtieth day of April ui the year Two Thousand Thirteen The author of this document has 13ETWEEN the Oxvnier: added information needed for its (Alame, legal stalls, address acid other information) compietion. The author may also have revised the text of the orginai City of Paducah Kentucky AIA standard form. An Addil;ons and 300 South 5`h Street Deletions Report that dotes added Paducah, KY 42001 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Architect: vertical line in the left margin of this , arne, legal status, address and other informalionj document indicates where the author has added necessary information Marcutrt Engineering, LLC and where the author has added to or 500 South 171 Street deleted from the origiral AIA text. Paducah, KY 42003 This document has important'egal NOTE: All further references to Architect shall be inPetYed to moan Engineer consequerces Consultation with ar attorney is encouraged ,vith respect for the following Project: to its completion or modification. (Va7ne, location and detailed descriplion) Julian Carroll Convention Center Renovation Final Phase Paducah, Kentucky The ONmcr and Architect agree as follo« s. AIA Document 5102" - 2007 (formerly 8141 - 1997 Part 1). Copy" gh! D ' a17, ' 325. 1943 155', '553, 1068 'y61 1 363 ' 356 1337, :370, '374, 1977 Init. ig7 r 997 3rd 2CC7 �)y T -e drrl r,C3r ;rs,i,ute of .Arcni',ec:s. All rights reserved. WARNING,: ThiS A:ADorumant Is pre:2 : -c' ba '3.3. C �pyright Lavt said ..::zrnai!onal '':e3t.e5 awn,)r:zed r=_product!on or dls:rihut!on of IMs AiA 3r;-1),/ p)rton of it. may rgs,,:t n ,erre c:v:i and ,rm na[ a ,arises, nr-J :J:I L : mnx'mu!n -extent Do&sib+o unoer the -au To,s docurme^S i> s oror'Lc=_d'cy 3t "3 2a i o an 2C 1 3 order Order �0 13G73G33w]_' S, irh xp res or 07r12120r, 3 and Is rat `cr rzsale User Notes: 17332325'3 TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION 7 MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The Az-chitect shall provide the folloNving professional services: (Descl-ihe the scope of the Architect 's services or identlfY an exhibit or scope c /services document setting 1brth the Architect's services and incorporated into this document in Section 9. 2j Design services and construction administration for the renovation of the roma ining areas of the Julian Can-olI Convention Center. § 1.2 The Architect shall perform its services consistent with the professional s'cil I and care ordinarily pros ided by architects practicing in the same or similar locality under the same or similar c4rcumstanccs. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progr; ss of the Project, § 1.3 The Architect shall identify a representative authorized to act or behalfof the Architect with respect to the Project. § 1.4 Except with the Owner's knowledge and consent, the Architect shall not ongage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1,5 The Architect shall maintain the following insurance for the duration ofthis agreement, if any of the requirements set forth below exceed the tspes and limits the Architect normaliyl�aaintains, the Owlier shall reimburse the Architect for any additional cost: (7deflttfi% 11'peS and linins of insurance CO`%C'f'aaE', and DCher" L)ISLIi"121Zce !"L'qtlli"eltreil`,S (IfJp!'IC'Qb!C' -`O rrlC' A q7'E'e17tL'1!!. If any. 1 General Liability See attached "Certificate of Liability- Insurance" Automooile Liability See attached ''Ceril6cate of Liability hlsura;�ce" Workers- Compensation Se:: attached 'C'erti5catc of Liability [nsurancc" AIA Document 13102"'" – 2007 ;Formerly 13141 –1997 Part 1), Ccoyr''ghr 1 '? 1 ?2E 1 ;;3 ' .3 ' ay.3. —58 13c' 1;.53 ' ?;0 1?07 1370, '.?'1 19" Init. IMM '997 aro 2007 3/ a ar rsatls(a )f r r': rts. All rights reserved r ?Vf^3� c I I ; cr;;arb= J o ly aghi n 2 ar , `?d ;pr Aic; �n or a. a;rb-itiu-1 34 t'ni; A- 1 : �:—:ume:}t 7+ S�: it•.- .,, i..,,��a: _ ,,, r. _ I 1.i 13 �o �r .,._..:�', a ms :rnu;r _ant �nagipie �., This doc.� t '�3sor.�cccad alA�3iT:aar� 3r�,? 2.1 13 DF, Ow :20'3 .:rder Omer Nc 1K7305343_' _xp r=s ar 05I"212013 3rd is rot `orras3ie User Notes: '7952325G3, Professional Liability See attached "Certificate of Liability insurance" ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 Unless otherwise provided for under this Agreement, the Owner shall provide information In a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the 0%'ner shall furnish the requested information as rtecessarj and relevant for the architect to evaluate, give notice of or enforce lien rights. § 2.2 The Owner shall identify a representative authorized to act on the Ow-nex's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of eornsulting services in the contracts between the Owner and the Owner's consultants. The Owner shall fwnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish thorn as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope ofthe Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 2.4 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any lautt or defect in the Project, including errors, omissions or inconsistencies in the Architect's hlstrurrlents of Se:rvicc. ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 The Architect and the Owner warrant that in transmitting Instruments oV Service, or any other information, th; transmitting partyis the copyright owner of such information or has permission from the copyright o�viter to transmit such information for its use on the Project. If the Owner and :architect intend to transmit htstruments of Scrvice or any other inforrnation or documentation in digital form, they shall endeavor to es!ablish necessary protocols governing such transmissions. § 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shallretain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instrltments of Service to tneet official regulatory requirements or for Simi lar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architects consultants. § 3.3 Upon execution of this An cement, the Architect grants to the Owner anonexclusivc license to use the Architect's Instruments of Service solely and exclusively for the Project, pro,;1ded that the Owner substantially performs its obligations, including prompt payment of all sums when due, tinder -this Agreement. The Architect shall Obtain similar nonexclusive licenses from the .architect's consultants consFistert rti,ith this Au_reemew. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equiptnent suppliers, as Well as the Owner's consultants and separa.e contractor;, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully tcrminatcs this Agreement for cause as provided M Secticls 5.3 and 5 4, the license granted in rhi; Section 3.3 shall terminate. § 3.3.1 In the, event the 0%tiner uses the lnStl-llmeI1tS of Service without retaining the author of the Instruments of Ser%ice. the Owner releases th,: Architect and Architect's consultant(;) from :ill claims and causes ofaction arising front such uses. The O\tiTel'. to the extent permitted by lawtin-ther agrees to indemnify and hold harmIcss the :architect and its consultants from all costs and expenses, including the cost of de en;e; re,ated to claims and causes of AIA Document 8102-1 - 2007 (formerly 8111 '" - 1997 Part i). Ccp;7:;-1 _' 10'7 'a25 "3-9, 11ti' 1353. 1753 1-5' 1353, 19c�, '967 ?373, '?71, '3— Init. 387 lJti' and ?.307 b1 r-ie?m.er -3n Ir.sti:ute c` Arzmi ects. Ail rights reserved. 'r'!A.R1fl% .,i.% -� rnynt oy `i 3. Cap f -I- -ier:iIn _:.t..n=y r=sa't .1,aye;: s,.;r r•. ;i _ ,_-rn aateer `-�.e T s it' occr_.II rias pro _Loa, c ''a a 3:')2 21 ' S or 2J' 3 ,;ndar Orr.ar ''Jo 1 K7305643_ :1h c] i 3xoir=_s cr j5/1 212013. and :s rot for res3`s User Notes: f1'6j0325J31 action asserted by any third person or entity to the extent such costs and expenses arise From the Owii,-r's use os the Instruments of Service under this Section 3.3. 1. § 3.4 Except for the licenses granted in this Article 3, no other license or righa it:all be deemed granted or implied under this A� eernent. The Owner shall not assign, delegate, sublicense, pleda-e w otherwise transfer any license granted herein to another party without the prior s i itten agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the 0«ner's sole risk and %ithout liability io the Architect and the Architect's consultants. ARTICLE 4 CLAIMS AND DISPUTES § 4.1 GENERAL § 4.1,1 The Owner and Architect shall commence all claims and causes of action, ,Ahether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement Within the pericd specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work, The Owner and Architect wai%c all claims and causes of action not commenced in accordance with this SeCticn 4. I. 1. § 4.1,2 To the extent damages are covered by property insurance, the Owner anti Architect waive all rights against each other and against the contractors, consultants, agents and employees of th e other- For damages, except such rights as they may have to the proceeds of such insurance as set forth in ;=NIA Document A201-2007, General Conditions of the Contract for Construction, if applicable. The Owner or the architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 4.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arisln2 out of or relating to this Agreement. Chis mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 5.7. § 4.2 MEDIATION § 4.2.1 Any claim, dispute or other matter in question arising out of or related to this Al-reement shall be subject to mediation as a condition precedent to binding dispute resolution. if such mauer reiates to or is the subject of a lien arising out ofthe Architect's services, the.Nrchitecr may proceed in accordanceapplicable law to compl} with th lien notice or filing deadlines prior to resolution of the matter by mediation er by binding disputa resolution. § 4.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the Anierican Arbitration Association in accordance With its Construction Industry Viediation Procedures in effect on the date of thz Agreement. A request For mediation shall be made in \'Titing, delivered to the ether party to the Agrcement, and tiled with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but. in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days From the date of filing, unless stayed For a longer period by agreement oFthe parties or court order. if an arbitration proceeding is stayed pursuant to this Section, the parties may nonetheless prrneced to Lh•- selection ofthe arbitrator(si and agree upon a schedule for later proceedings. § 4.2.3 The parties shall share the mediator's fcc and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another- location is mutually aorced upon Agrxernm , reached in mediation shall be enforceable as settlement agreerrrents in any court h�ivingjurisdiction ther;ef § 4.2.4 If the parties do not resole a dispute through mediation pursuant to this Section 4 2. the method of binding dispute resolution shall be the following: (Check the appr-opr'iate 1xzr. ffthe 0vtner and .ii-cn.+t2ct do irot sei'ect a met;tool dispute r'esohwon CIO not 5zibsegLw)21y aavee ;ii ;o-il;na to a disDifte resoli ion thcv, It?:aaif r t, Fhe tlispL(le '.11?1 he esnitet� i.r a Coir' i of competeiit;urisdictiov.) [X ] .arbitration pursuant to Section 4.3 of this :agreement AIADocumert 8102"1 -2007 (formerly 8141 1997 Part 1). -opyrghr 1 ')'7 1923 '343, 1351. 13 3. 13713 36" 1363 '1�63 1967 53"] lnit. 1997, '.397 acd 2907 o f Tne Arran�3n All rights reserred, `„r s 3, C :-anil isi -r3.3? es Jaajrao; zud r-,Qrod_rC'.ion ur wig:rE;u:.`on u` ;his A;Ai ;.3 x arg no'ion 3€ ', m, l r_ ,=r;re 3-.: .r on,;,al �. os .1. �.__ _ _ ,�.. int .vas r�ouc_d h A;A 3ot,-r3,e a: ".3 4 �r yz �� a II bS ?r�;n -o - nus mum ext _ a�:a „'e �r.d�- a! 7r.0 doaum p � 2 =i3' 2"' urder order Na ' E73r 5oJ3_1 .;�i. ch 3xrims on 35i12r2W3, and ;s Pot `cr;=_sal User Notes: "735232503 [ ] Litigation in a court of competent jurisdIction [ ] Other (SpeciA) § 4.3 ARBITRATION § 4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which unless the parties mutually agree otherwise, shall be administered by the American Ar'oination Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 4.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the tiling ofa request for mediation, but in no event shall it be made after the date when the institution of Legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 4.3.2 The forego i ng agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 4.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance mill applicable law in any court having jurisdiction thereof. § 4.3.4 CONSOLIDATION OR JOINDER § 4.3.4.1 Either party, at its sole discretion, may consolidate in arbitration conducted under this Agreeuu:nt mill any other arbitration to which it is a part, provided that (I ) the arbitration agreement governing due other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially insole -e common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arhurator(s). § 4.3.4.2 Either party, at its sole discretion, may include byjoinder persons or entities substantially involved in a common question of taw or fact whose presence is required ifcomplete relief 1s to be accorded in Lubin atton, provided that the party soughtto bejoined consents in writing to Stich joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 4.3.4.3 The Owmcr and Architect grant to any person or entity made a party to an atbitration conducted under this Section 4.3, tshcthar byjoinder or consolidation, the same rights ofjoinder and consolidation as the Owmer and Architect under this Agreement. ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 If the Owner fails to make payments to the Architect in accordance a ith this A,19e,ment, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement, if the .A chitect elects to Suspend serciccs, fne .architect shall give seven days' written notice to the Owner before suspending services. fit the event of a suspension of services, the Architect shall have no liability to the O%emer for delay or damage caused theOval-', because of incl; suspension of services. Before resuming seraices, the .architect shall be paid all sums due prior to suspension and any expenses incurred in the inter-uption and resumption of the At ser% ices. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 5.2 if the Ovner suspends the Project, the .A chitect shall be compensated for sen -ices performed prior to notice of Stich suspension. when the Project is resumed, the Architect shall be compensated for spcnses incurred in the interruption and resumption of the At s services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document 8102 " 2007 (formerly 8141 1997 Part I). '9, 1Bu 1343 p '95 0, 36, 1 M3 366 1 367 1 373 1311, 3" Init. ,M7'39731u2001b,?-a?e,car.rst-u:e 4. Ar-.- . teas. All rights reserved YVARNIN, NA ] r3 3 hrte'..i.v ifTsa. ,..o author, zed 3, dis:- hut:c n or chis All Jo__irv, ,3)r „ra pe a...es :r r; -_,'_I' .>_.._a gra:: 1� _,...,:ov..: 31- ;rdert: �.,, T,sd cl,.er( v1S ac' __ -3AAaoa aes382 >1 ss �'2;'3 ,ser Order No ' 8G77C5343 1 ,rv_, —o res or C4, 'J201 3 and s roi or rasale User Notes. 95272:.;3, § 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the Fault of the Architect, Ch Architect may terminate this Agreement by giving not less tham seven days' written notice. § 5.4 Either party may terminate this Agreement upon not less than seven days' written notice shoiild the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 5.5 The Ow -nor may terminate this Agreement upon not less than seven (lays' written not{ce to die architect for the Owner's conveni:.nce and without cause. § 5.6 In the event of termination not the fault of the Architect, the architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 5.7. § 5.7 Termination Expenses are in addition to compensation Cor the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated; plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 5.8 The Owner's rights to use the Architect's instruments of Service in the event of a terrnination of this Agreement are set forth in Article 3 and Section 6.3. ARTICLE 6 COMPENSATION § 6.1 The. 0 -wrier shall compensate the Architect for services described in Section i.l as set forth below, or in the attached exhibit or scope document incorporated into this Agreement in Section 9.2. (nsert amoimt of, or basis for, compensation or indicate the exhibit yr scope document in tr&ich compensation is provided for.) 7.875% of construction cost and 6.3% of valued cost of any work not constricted. § 6.2 COMPENSATION FOR REIMBURSABLE EXPENSES § 6.2.1 Reimbursable Expenses are in addition to compensation Cor the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to dw Project. as Collo-,s: .1 Transportation and authorized out -of -tour travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval oC authorities having jurisdiction ovcr the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime %vork requiring higher than regular rates, iCauthorized in advance by the O ncr; .7 R:nderings, models, stock -ups, professional photography, and presentation materials requested by th; 0-wrler; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits ifthe Owner requests such insurance in excess of that normally carried by the Architect's consultants, .9 All taxes levied on professional services and on reimbursabie xp,-nses, .10 Site office expenses; and .11 Other similar Project -related expenditures. § 6.2.2 For Reimbursable Expenses, the compensation shalt be the expenses iricurred by the ArchM ct and th; Architect's consultlnts plus an administrative t:e of Ten percent t 10 °i,) oC.h-- expenses ir.cun ed § 6.3 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 4f the 0 ner terminates the Architect for its convenience under Section 5.5. or the Architect 1c1711inal tl;is 1gr ement under Section 5.3, the Owner shall pay a licensing fee as compensation .Cr the Owner's continued use of the .archttect'S Instruments or Service solely for purposes of the Project as Crlio. s: A!A Document B102-1 - 2007 (formerly 8141-1 - 1997 Part 1). Coppr:ght �) 1317 ? ? 3 i5 1 iE3 �:�' ' > 3, 3 461 -9-0. 1;^4 3' Init. '337 1397 and 2�C7 c; ---a A^rerlcar 'rsW_j,%e of ar'i:ects. AI rights reserved. -. :r�t oduotiun �r di�trb )von o7.his A;.%" Jx ��'_..�. � _ 'ic,' _ ..�:if r--:> ._. _... ar ,. :resc._.....� '.� -.!Q rr.'< Fr.�'n .,tire.•. a3s>�910 ,,.•ae 'hj s:, s doom �. nas ��,�.-i,sd'� „ 3o`p..a-e at .3 2a 15 ;r :..., 2';' , under Cder Vo ; 3073C3o-t3_' .v n etprras �-r ;5112,'20?3, and ss rot for rasale User Motes' 173523H-3 Not applicable § 6.4 PAYMENTS TO THE ARCHITECT § 6.4.1 An initial payment otZ ra (S 0.00 ) shall be made upon execution of this Agreement and is the minimu!n payment under this AY-reement, it shall be credited to the Ovmer's account it,, the final invoice. § 6.4.2 Unless otherwise agreed, payments Cor services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Aa-chitect's invoice. Amounts unpaid Thirty" ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate pr:.vailing 6 -on time to time at the principal place of business of the Architect. (Insert rale of moWhly or annual inte-est agreed upon.) One and One Halr Percent % 1.5 § 6.4.3 The O'vnor shall not withhold amounts from the Architect'; compensation to impose a penalty or liquidated damages on the architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable far the amounts in a binding dispute resolution proceeding. § 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.4 This Agreement shall be governed by the taw of the place where the Project is located, except that i i the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govcrn Section 4,3. § 7.2 Terrtrs in this Agreement shall have the same meaning as those in AiA DOCU111C It .A201--2007, General Conditions of the Contract for Construction. § 7.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement- Neither- the O�Nner nor the Architect shall assign this Agreement without the tivrittm consent of the other, except that the OVner may assign this Agreement to a lender providing financing for the Project ifth,e iender agrees to assume the Oaaler's rights and obligations under this k-reement. § 7.4 rfthe Owner requests the Architect to execute certificates, the proposed language oCsuch certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owvricr requests the Architect to execute consents reasonably required to facilitate assignment to a 1CM1er, Llic At-chitect shail execute all such consents that are consistent with this Agreement, provided the propos,:d consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be requWed to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in ravor ora third party against zither the Owner or Architect. § 7.6 L,'nless othervise required in this .Agreement. the Architect shall hay e no responsibility for the discovery. presenec, handling, removal or disposal of. or exposure of persons to. hazardous materials or toxic substances in any form at th,° Project site. § 7.7 The Architect shall have the right to include photographic or artistic represcntations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to t'ne completed Project to make such representations. However, the :Architect's ntatzrials shall not include the Dvner's confidential or propt�etary intormation it the Owner has previously advised the Architect in .vriting of the specific information considered by the Owner to be confidential or proprietary. The 0\vner shall provide profess:cnal credit for the ,architect in the O,,mcr's promotional materials for the Project. § 7.8 It th-- Architecor Owner receiv s information specitically designat,dhythe ot!1.~r party ns "contider.tial" or "busines, proprietat-;," the receiving party steal! keep such information strictly con;ident:al and shall not disclose it to AIA Document B102 '' — 2007 tforrnerly 8141 " — 1997 Part 1). c?yr g^: Dc lS"' ' 723 ' 343 t X53 53 ' gib' ' c3 '9 � i?6 9'o, ';'1 irlit. 1987, 199? ;nu 2M7 by ^e Arrencan r.slim? D'Ar�ni'.ects. All rights reserved. ,l.a� €vl -; s �+1 iei•.. i, pFo:a:. )f i.5. �prr;0i. a;r 3 J 7 . _ a tiiw ad aroouc'eon or ; s: b:..'on of ih,is A4 A Dc ne .. r.y , , . : 1/ Fe =i .! .i ,r : i ti", as Yen' �_ _:r 'is Jar r'.d;�I . A ,o'ilsv i r P = _ a:� xl'! ba ?rosa- �toa '� : = max'.E�x m 2xtert �os3I.,'.a �n_ G ��as .ar..e, �/ a ire'_ ;3 21 D �rC1 ander �.rder No 13C -3C5643 ! .vl-�ch e�mires on C5r^2.12013, std is nol for resx User Notes �8�23257 any other person except to (1) its employees, (2) those who need to know the content ot-such information in order to perform services or construction solely and exclusively for the Project, cr (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential infornlacion. ARTICLE 8 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Not applicable. ARTICLE 9 SCOPE OF THE AGREEMENT § 9.1 This kgreerient. represents the entire and integrated ag-reement between the Owner and rhe Architect and supersedes ali prior negotiations, representations or agrcen-tents, ,zither slritti3 or oral. This :agreement may be amended only by written instrument signed by both Owner and Architect. § 9.2 This Agreement is comprised of the follotisring '. documents listed below .1 ALA Docwuent B102--2007, Standard Form .agreement Rctwmn Owner and Architect .2 AIA Document E201-2007, Digital Data Protocol Exhibit, ifcornplet,,d, or the follotting; .3 Other documents: (List other documents, including the .4rchilect's scope of seruces document, he"ehl' incorporated into the Agreement.) Certificates of t,labil i tv Insurance Rate and Reimbursement Schedule This Agreement entered into as of the day and year first ��,ritten above. OWNER Z""U)i ECT w r+4 (Signature) Gayle Kaler Nlayor Baccus L.. Oliver Principal, Engineer (Printed ttame and title) (Printed name acrd title) AIA Document 8102' _ 2007 (formerly 8141 '" - 1997 Part 1). Cop% -`;l'[ ' "339 3 ' �? '3 ? '35' `33J c1 36 "97` Init. 381, r 397 and 2107 �)/ Tre 4-er^.3n 'rsti['.ta if arc :acts. All rights reserved. n,, RVI`<, Th 4 A ` ac,r..:nt ; pr ,c'J y ,q �•, 1 8 7, a,t.=s J za r ze.J rraroJErct,on or ."but'cn 3' -his AA 33- . nt, 01 Jr j-.3 W ,,n a :-)?y es.' ,_.. 2 .. ani , , n E t De1-1 . 3_s. _- i .vi'1 to 3rc.5,.,-,...i =J «�axrm;:ni 'er �oss�o:_ .n9•^rirtC !a.v T�r, d^cur' ,l.v7spro �,,,,at,.;3rB 3t J° 2ti '> ❑nder Order 110 ' 3Q i 3'-'3o :3_' xnich axpires on C5/1 212C! 3 ar.d s rot fur resale User Notes '7a;23271C31 W MARCUM ® ENGINEERING, LLC 500 South 17" Street P.O. Box 120 Paducah, KY 42002-0120 Phone (270) 444-9274; Fax ;270) 443-1904 www,marcumengi reering. ire( RATE AND REIMBURSEMENT SCHEDULE PRINCIPAL PROJECT MANAGER PROJECT ENGINEER ENGINEER CONSTRUCTION ADMINISTRATOR SENIOR DESIGNER DESIGNER SENIOR DRAFTER DRAFTER CLERICAL MILEAGE -Subject to Change Based on IRS Guidelines PREAPPROVED TRAVEL EXPENSES (incl. mileage, lodging, and meals) REPRODUCTION OF PLANS REPRODUCTION OF SPECIFICATIONS COURIER SERVICE (UPS, FEDEX, ETC.) PLAN SETS FOR BUILDING CODE REVIEW SCANNED DOCUMENTS $115.00/HR $105.00i H R $ 75.00/HR $ 70.00/HR $ 75.00/HR $ 85.00/HR $ 65.00/HR $ 50.001HR $ 40.00/HR $ 40.00/HR $ 0.50/MI 01wu:y�t►�a::rra1:�:�.��y:i�.�:�x.� $ 0.30/FT.2 INHOUSE or PRINTER'S INVOICED AMOUNT PLUS 15% $ 0.30/SHEET INHOUSE or PRINTER'S INVOICED AMOUNT PLUS 15% INVOICED AMOUNT PLUS 15% APPLICATION FEE PLUS 15% AND REPRODUCTION COSTS $3.50/SHEET SCHEDULE IS EFFECTIVE BEGINNING JANUARY 1, 2013. PREAPPROVED OVERTIME IS 1.5 TIMES RATE. SUNDAYS AND HOLIDAYS EXCLUDED.