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HomeMy WebLinkAboutCCMPacket2020-07-14CITY COMMISSION MEETING AGENDA FOR JULY 14, 2020 5:30 PM CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Seating for the public at the Commission Meeting will be limited to 15 people on a first come basis. Those attending in person may make public comments in person. Anyone who would like to make public comments virtually may do so by filling out a Public Comment Sheet and returning it to the City Clerk’s Office no later than 3:30 p.m. on the day of the Commission Meeting. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PRESENTATION McCracken County Sports Commission Activity Update - Jim Dudley City of Paducah Building Assessment - Baccus Oliver, Marcum Engineering Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A.Approve Minutes for June 24, 2020 & July 7, 2020 B.Receive & File Documents C.Personnel Actions D.Declaration of Trust and Trust Participation Agreement for the Kentucky League of Cities Workers’ Compensation Trust - S SUAZO E.Trust Participation Agreement – Kentucky League of Cities Insurance Services – General Insurance Trust - S SUAZO F.2020 Kentucky League of Cities (KLC) Insurance Services Workers' Safety Grant Application and Acceptance - S SUAZO G.2020-2021 Kentucky Hazardous Waste Grant Acceptance - C YARBER H.Authorizing the agreement with Data Records Management Services to perform the Police Department digitization project that is being funded by the KDLA Local Records Program Grant in the amount $33,529 - B LAIRD I.Acceptance of the 2020 National Endowment for the Arts Art Works grant in the amount of $10,000 for the development and implementation of a Creative Entrepreneurship Program - L PARISH J.FY2021 Contract with WKCTC for $85,000 for Operation of Public and Government Access Channels - P SPENCER K.Accept Donation of Property Located at 2011 Guthrie Avenue - G CHERRY L.Purchase of Mowers in an amount of $76,761.98 for Paxton Park Golf Course - M THOMPSON M.Application for the State and Local Government Financial Wellness Grant through the Kentucky League of Cities - S SUAZO N.Accepting delivery of Deed of Conveyance on behalf of the Commissioners of Paducah Water from the Paducah-McCracken County Industrial Development Authority for purposes of making improvements to the City’s water distribution system - J PETERSON O.Authorize the Finance Director to Call the Series 2011 General Obligation Bond and Retire Debt Service related to the Bond Issue - J ARNDT II. MUNICIPAL ORDER(S) A.Authorize the Finance Director to make payment to Western Surety Company for the Pump Station #2 Project - R MURPHY B.Municipal Order Directing the City Manager to Continue the Pause of the Lose Associates Agreement until January 2021 - J ARNDT C.Adopt the 2020 Our Paducah Strategic Plan - M SMOLEN III. ORDINANCE(S) - INTRODUCTION A.Rezoning of 5802 Commerce Drive - T TRACY B.A Change Order to the Agreement with Jim Smith Contracting, LLC for the 2018-2019 Resurfacing Program to Include Contract Pricing for Pavement Markings - R MURPHY C.Approve the Transfer of Municipally Owned Properties Located throughout Paducah to the Joint Sewer Agency - J HODGES IV. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience V. EXECUTIVE SESSION June 24, 2020 At a Called Meeting of the Board of Commissioners, held on Wednesday, June 24, 2020, at 5:30 p.m., Mayor Brandi Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). In order to keep the Commission and public safe in the midst of the COVID-19 outbreak and in accordance with Kentucky Executive Order 2020-243, all members of the Board of Commissioners participated using video teleconferencing. Further, this meeting was not open to the public. The public was invited to view the meeting on YouTube at https://www.youtube.com/user/paducahkygov or on the government access channel Government 11 (Comcast channel 11). INVOCATION Commissioner McElroy led the invocation. PLEDGE OF ALLEGIANCE Commissioner Abraham led the pledge. CONSENT AGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed for separate consideration. There were no items removed. The Mayor asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the June 9, 2020, City Commission Meeting. I(B) Receive and File Documents: Contract File: 1. Caronavirus Emergency Supplemental Funding Grant – DOJ - $36,344 (MO #2343) 2. Amendment No. 1 to Memorandum of Understanding with Sprocket, Inc. (MO # 2347) I(C) Reappointment of Bill Bone, Stewart Tom Shoulta and Fay Kimmins to the Paducah- McCracken County Senior Citizens., Inc., Board. Said terms shall expire June 30, 2023 I(D) Reappointment of Phyllis Clymer to the Civic Beautification Board. Said term shall expire July 1, 2024. I(E) Personnel Actions I(F) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A SHORT FORM AGREEMENT WITH HDR ENGINEERING, INC.IN AN AMOUNT OF $40,000 FOR PROFESSIONAL SERVICES RELATED TO GRANT WRITING ASSISTANCE, FEASIBILITY STUDY AND ENVIRONMENTAL ASSESSMENT FOR THE SPROCKET MAKERSPACE (MO #2348) June 24, 2020 I(G) A MUNICIPAL ORDER ADOPTING THE FY2020-2021 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY (MO #2349) I(H) A MUNICIPAL ORDER ADOPTING THE FY2020-2021 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY (MO #2350) I(I) A MUNICIPAL ORDER APPROVING AND ADOPTING THE GROUP LIFE INSURANCE BENEFITS PROPOSAL WITH ANTHEM LIFE INSURANCE COMPANY IN A TOTAL ANNUAL GROUP PREMIUM AMOUNT OF $44,367.36 FOR EMPLOYEES OF THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2351) I(J) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH TYLER TECHNOLOGIES FOR THE LICENSE OF SOFTWARE AND THE PROCUREMENT OF RELATED PRODUCTS AND SERVICES (MO #2352) I(K) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SERVICES WITH THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL IN AN AMOUNT OF $250,000 FOR SPECIFIC SERVICES (MO #2353) Mayor Harless offered motion, seconded by Commissioner Wilson, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless. (5) ORDINANCE - ADOPTION INTENT TO ANNEX 1815 OLIVET CHURCH ROAD, 6215 BLANDVILLE ROAD AND 5269 HINKLEVILLE ROAD Mayor Harless offered Motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE DECLARING THE CITY OF PADUCAH’S INTENT TO ANNEX CERTAIN PROPERTIES LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTIES TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS.” This ordinance is summarized as follows: An ordinance approving the intent to annex and declaring it desirable to annex certain tracts of property contiguous to the present city limits, located at 1815 Olivet Church Road, 6215 Blandville Road and 5269 Hinkleville Road, containing 8.6 acres, more or less. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless. (5) (ORD 2020-06-8640) CITY OF PADUCAH, KENTUCKY’S FISCAL YEAR 2020-2021 BUDGET ADOPTION June 24, 2020 Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2020, THROUGH JUNE 30, 2021, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT.” This Ordinance is summarized as follows: Adopting the City of Paducah annual budget for Fiscal Year July 1, 2020, through June 30, 2021, by estimating revenues and resources and appropriating funds for the operation of City Government at $106,337,340, and summarized by fund as follows: FUNDS APPROPRIATIONS GENERAL $35,888,465 MAP 1,471,000 INVESTMENT 5,113,560 CDBG 200,000 E911 2,205,665 COURT AWARDS 70,750 DEBT 4,470,945 CIP 21,073,075 BOND FUND 19,756,000 SOLID WASTE 5,928,250 SECTION 8 93,825 TRANSIENT BOAT DOCK 105,605 CIVIC CENTER 85,600 RENTAL 132,210 RADIO DEPR 888,485 FLEET MAINTENANCE 594,225 FLEET LEASE TRUST 1,999,000 INSURANCE 1,437,405 HEALTH INSURANCE 3,729,000 AEPF 13,625 PFPF 1,011,350 OTHER TRUSTS 69,300 $106,337,340 Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless. (5) (ORD 2020-06-8641) ORDINANCE INTRODUCTION: Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING THE SALE OF PROPERTY AT 5400 COMMERCE DRIVE TO KSR LEGACY INVESTMENT, CORP. PURSUANT TO AN OPTION TO PURCHASE, IN CONJUNCTION WITH McCRACKEN COUNTY, KENTUCKY, WITH RESPECT TO A PUBLIC June 24, 2020 PROJECT; AND AUTHORIZING THE EXECUTION OF LEGAL DOCUMENTS RELATED THERETO.” This ordinance is summarized as follows: Authorization for the Mayor to execute a deed by and between the City of Paducah, Kentucky and McCracken County, Kentucky, as Grantors, and KSR Legacy Investment Corp. (or its permitted assignee, if any), as Grantee, for the purpose of conveying the Premises in exchange for payment of $3,600,000.00 which is the option price in an Amendment to and Assumption of Lease Agreement dated on or about May 21, 2020, with KSR Legacy Investment, Corp., and for the execution of any and all other documents necessary to close on said transaction not inconsistent therewith and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City or the City Manager. DISCUSSION: Public Information Officer Pam Spencer offered the following summary of the Discussion concerning reopening playgrounds and basketball courts: Discussion About Reopening Playgrounds, Splashpads, and Basketball Courts “The Paducah Board of Commissioners and Parks & Recreation Department Director Mark Thompson discussed the reopening of playgrounds, splashpads, and basketball courts. In mid-March, the City restricted access to those parks amenities in an effort to reduce the spread of the coronavirus as recommended by State and federal guidelines and Governor Beshear’s March 19 Executive Order prohibiting mass gatherings. Thompson said he participated in a meeting today with the Centers for Disease Control and Prevention along with the National Recreation and Park Association to discuss recommendations for reopening playgrounds. The recommendations include a thorough initial cleaning since playgrounds have been closed for months and then daily disinfecting. Other guidelines include proper signage that would include safety recommendations and the maximum capacity of children based upon the playground’s square footage. Another guideline includes the placement of hand sanitizing stations next to the playgrounds. Thompson hopes to be able to announce the reopening of Paducah’s playgrounds in early July. Regarding the Robert Coleman Sprayground and the splashpad at the Pat & Jim Brockenborough Rotary Health Park, the Parks staff is working on getting the mechanical components and signage ready to reopen those two facilities in mid-July. At this time, Thompson says he has not received enough guidance from federal and state authorities on how to safely reopen the public basketball courts. He has asked the Purchase District Health Department to gather information from the State.” COMMENTS FROM CITY MANAGER Confirmed that there will be a called Commission Meeting on July 7, 2020, at 5:30 to adopt the Ordinance for the sale of 5400 Commerce Drive COMMENTS FROM THE COMMISSIONERS June 24, 2020 Commission Abraham started a discussion concerning the proper way for people to conduct protests. They should be following guidelines and established rules. The City Manager reiterated that according to Guidelines, gatherings of up to 50 people will be allowed after June 29. Mark Thompson, Parks & Recreation Director, said that the permitting process will begin July 1. All permitting guidelines will be in place. ADJOURN Mayor Harless offered motion, seconded by Commissioner Wilson, to adjourn the meeting. All in favor. Meeting ended at approximately 6:25 p.m. ADOPTED: July 14 , 2020 ______________________________ Brandi Harless, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk July 7 , 2020 At a Called Meeting of the Board of Commissioners, held on Tuesday, July 7, 2020, at 5:00 p.m., Mayor Brandi Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). In order to keep the Commission and public safe in the midst of the COVID-19 outbreak and in accordance with Kentucky Executive Order 2020-243, all members of the Board of Commissioners participated using video teleconferencing. Further, this meeting was not open to the public. The public was invited to view the meeting on YouTube at https://www.youtube.com/user/paducahkygov or on the government access channel Government 11 (Comcast channel 11). INVOCATION Commissioner McElroy led the invocation. PLEDGE OF ALLEGIANCE Commissioner Abraham led the pledge. ORDINANCE - ADOPTION SALE OF 5400 COMMERCE DRIVE TO KSR LEGACY INVESTMENT CORPORATION Mayor Harless offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING THE SALE OF PROPERTY AT 5400 COMMERCE DRIVE TO KSR LEGACY INVESTMENT, CORP. PURSUANT TO AN OPTION TO PURCHASE, IN CONJUNCTION WITH McCRACKEN COUNTY, KENTUCKY, WITH RESPECT TO A PUBLIC PROJECT; AND AUTHORIZING THE EXECUTION OF LEGAL DOCUMENTS RELATED THERETO.” This ordinance is summarized as follows: Authorization for the Mayor to execute a deed by and between the City of Paducah, Kentucky and McCracken County, Kentucky, as Grantors, and KSR Legacy Investment Corp. (or its permitted assignee, if any), as Grantee, for the purpose of conveying the Premises in exchange for payment of $3,600,000.00 which is the option price in an Amendment to and Assumption of Lease Agreement dated on or about May 21, 2020, with KSR Legacy Investment, Corp., and for the execution of any and all other documents necessary to close on said transaction not inconsistent therewith and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City or the City Manager. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless. (5) (ORD 2020-07-8642) ADJOURN Mayor Harless offered motion, seconded by Commissioner Wilson, to adjourn the meeting. All in favor. Meeting ended at approximately 5:06 p.m. ADOPTED: July 14 , 2020 July 7 , 2020 ______________________________ Brandi Harless, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk July 14, 2020 Minute File: 1. Notice of Called Meeting for June 24, 2020 & Notice of Cancellation June 23, 2020 of the Board of Commissioners of the City of Paducah, Kentucky 2. Notice of Called Meeting for July 7, 2020 of the Board of Commissioners of the City of Paducah, Kentucky Contract File: 1. Contract For Services – City of Paducah and HDR Engineering – Sprocket EDA Grant – Grant Writing Assistance - $40,000 – (MO #2348) 2. Proposal – Change in Group Life Insurance – Anthem Life – (MO #2351) 3. Contract For Services – Change Order – Tyler Technologies – ERP Contract Amendment (MO #2352) 4. Contract For Services – City of Paducah and GPEDC, Inc. July 1, 2020 through June 30, 2021 - $250,000 (MO #2353) 5. Addendum to Contract with Evrard – Paducah Health Park – Phase 2 – (ORD 2019-12-8603) Financials File: 1. Paducah Water Financial - May 2020 CITY OF PADUCAH July 14, 2020 Upon the recommendation of the City Manager's Office, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. Michelle Smolen City Manager's Office Signature 7/9/2020 Date CITY OF PADUCAH PERSONNEL ACTIONS NEW HIRES - PART-TIME (P/T)/TEMPORARY/SEASONAL PARKS & RECREATION POSITION RATE NCS/CS FLSA EFFECTIVE DATE Sanderson, Gary Park Ranger $10.00/hr NCS Non-Ex July 16, 2020 PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION HUMAN RESOURCES & RISK AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Suazo, Stefanie E.Director of HR Director of HR NCS Ex July 16, 2020 $42.68/hr $43.75/hr PUBLIC WORKS Evans, Leslie E.Parks Maintenance Superintendent Landscape Supervisor NCS Ex July 2, 2020 $31.18/hr $28.42/hr POLICE _ OPERATIONS POSITION REASON EFFECTIVE DATE Orazine, Wesley R. Police Captain Retirement July 31, 2020 July 14, 2020 TERMINATIONS - FULL-TIME (F/T) Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Declaration of Trust and Trust Participation Agreement for the Kentucky League of Cities Workers’ Compensation Trust - S SUAZO Category: Municipal Order Staff Work By: Stefanie Suazo Presentation By: Stefanie Suazo Background Information: Insurance regulations as they pertain to self-insured associations requires pool members to execute a participation agreement annually. These agreements were signed when the City first became a member of the Kentucky League of Cities insurance pool, and the annual re-signing does not change any of the provisions contained in those original agreements. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Sign KLC Participation Agreement to remain in self-insured pool. Attachments: 1.Declaration of Trust and Trust Participation Agreement KLC 2.Municipal Order MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DECLARATION OF TRUST AND TRUST PARTICIPATION AGREEMENT WITH THE KENTUCKY LEAGUE OF CITIES INSURANCE SERVICES FOR THE WORKERS COMPENSATION TRUST NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute the Declaration of Trust and Trust Participation Agreement with the Kentucky League of Cities Insurance Services for the Workers Compensation Trust. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\ aagree – Declaration of Trust & Trust Participation KLC 2020 Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Trust Participation Agreement – Kentucky League of Cities Insurance Services – General Insurance Trust - S SUAZO Category: Municipal Order Staff Work By: Stefanie Suazo Presentation By: Stefanie Suazo Background Information: Insurance regulations as they pertain to self-insured associations requires pool members to execute a participation agreement annually. These agreements were signed when the City first became a member of the Kentucky League of Cities insurance pool, and the annual re-signing does not change any of the provisions contained in those original agreements. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Sign KLC Participation Agreement to remain in self-insured pool. Attachments: 1.Trust Participation Agreement - General Insurance Trust 2.Municipal Order MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A TRUST PARTICIPATION AGREEMENT FOR THE KENTUCKY LEAGUE OF CITIES INSURANCE SERVICES GENERAL INSURANCE TRUST NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute A Trust Participation Agreement for The Kentucky League of Cities Insurance Services General Insurance Trust. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\ aagree –Trust Participation KLC General Insurance 2020 Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: 2020 Kentucky League of Cities (KLC) Insurance Services Workers' Safety Grant Application and Acceptance - S SUAZO Category: Municipal Order Staff Work By: Stefanie Suazo Presentation By: Stefanie Suazo Background Information: The KLCIS Safety Grant Program was developed in 1999 as a way for members to stretch their safety budgets. This grant has a 50/50 matching funds safety grant program that will reimburse a city up to $3,000 for prior-approved items/equipment that will reduce Workers’ Compensation exposures. For this funding cycle, the Fire Department is applying for grant funding of $3,000 to reimburse the cost of personal protective equipment. The 50/50 matching requirement will be fulfilled by prior purchases related to reducing worker's compensation exposures. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct the Mayor to execute all required grant application and acceptance documents. Attachments: 1.Municipal Order MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A 2020 MATCHING INSURANCE SERVICES SAFETY GRANT IN THE AMOUNT OF $3,000 THROUGH THE KENTUCKY LEAGUE OF CITIES FOR REIMBU RSEMENT FOR PERSONAL PROTECTIVE EQUIPMENT FOR THE FIRE DEPARTMENT, ACCEPTING ANY GRANT FUNDS AWARDED BY KLCIS, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute an application to obtain a 2020 Matching Insurance Services Safety Grant in the amount of $3,000 from the Kentucky League of Cities. The grant will be used for reimbursement for personal protective equipment for the Paducah Fire Department. SECTION 2. That the City of Paducah hereby authorizes the acceptance of any and all grant funds awarded by the Kentucky League of Cities Insurance Services Safety Grant and authorizes the Mayor to execute the Grant Agreement and all related documents. SECTION 3. This order will be in full force and effect from and after the date of its adoption. ______________________________ Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\grants\app & award - klc safety grant 2020 Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: 2020-2021 Kentucky Hazardous Waste Grant Acceptance - C YARBER Category: Municipal Order Staff Work By: Ty Wilson Presentation By: Chris Yarber Background Information: The Kentucky Division of Waste Management, through the Household Hazardous Waste Award Program, funds cities across the commonwealth for annual clean-up days. This grant award program provides a partial reimbursement for expenses incurred by the city for the disposal and advertising/education of Spring Clean-Up Day. For the past 27 years, this project has been a collaborative effort between the McCracken County Fiscal Court and the City of Paducah. The Engineering/Public Works and Planning Departments have been awarded a grant through the 2020-2021 Kentucky Division of Waste Management Household Hazardous Waste Award Program in the amount of $24,500. This will be combined with the required local cash match of $6,125 for a project totaling $30,625. The City will act as the Lead Agency/Fiscal Agent. Local cash match will be divided equally between the City and the County. As in previous years, the City's share of the local cash match will be paid through the Engineer/Public Works account number 50002209-520040. This award will require an Inter-local Agreement to be signed and will be brought before the City Commission and Fiscal Court for consideration. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct the Mayor to execute all required award documents. Attachments: 1.Copy of 20-21 City of Paducah HHW Grant Worksheet 2.Municipal Order The Grantee CITY OF PADUCAH hereby agrees to the following conditions for the 2020-2021 Kentucky Division of Waste Management Household Hazardous Waste Management Grant Program authorized under KRS 224-43-505(4). The grant funds shall be used for the direct costs associated with the project specified in the grant application and for any modifications in this grant agreement. The Grantee understands and agrees as follows: 1. The Grant Application, the Project Close-out Report, and this agreement are the entire project. 2. Grantee shall assign the 2020-2021 Household Hazardous Waste Management Grant funds into a designated line item for state grants. 3. Grantee shall designate a Project Coordinator responsible for: 1. Overseeing the implementation of the project 2. Overseeing the preparation and submittal of the final report 3. Tracking of in-kind personnel/volunteers/inmates throughout the life of the grant 4. Grantee shall submit a 2020-2021 Kentucky Pride Fund HOUSEHOLD HAZARDOUS WASTE MANAGEMENT Grant Project Close-Out Report within 60 days of the completion of the project. The project deadline is June 30, 2021. 5. Grantee is solely responsible for completion of the project and assumes all liabilities associated with its completion. 6. Grantee is responsible for any additional costs that exceed the original grant funds provided. 7. Unspent grant funds and grant funds not expended in accordance with the grant agreement, as determined by the division, shall be reimbursed to the division within forty-five (45) days of written notification unless an extension has been approved in writing by the division. 8. Grantee shall contract with a vendor that is registered as a Hazardous Waste Transporter with the U.S. EPA and the Kentucky Division of Waste Management's Hazardous Waste Branch. 9. Grantee shall provide an adequate, safe, accessible site for the event. Provide written safety instructions, waiver forms for volunteers, and other necessary requirements, not provided by the vendor. See http://www.epa.gov/osw/wycd/catbook/hhw.htm for more information. 2020-2021 KENTUCKY PRIDE FUND HOUSEHOLD HAZARDOUS WASTE MANAGEMENT GRANT AGREEMENT Grant Period July 1, 2020 - June 30, 2021 Items Requested Amount Requested RAS Adjustments Approved Amount Clean Earth 24,000.00 (750.00) 23,250.00 Advertising 1,500.00 (250.00) 1,250.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Total 25,500.00 (1,000.00) 24,500.00 10. The Grantee shall make all records required by the grant close-out report available for division inspection until close-out notification is received from the division. 11. Grant funds from other state or federal funds do no qualify as a direct expense or a local match. 12. The signed grant agreement, as approved by the Division, is in full force and effect until the grantee receives either of the following: a) written notification form the Division b) ninety (90) days after the grantee has submitted the close out report form and has not received written notification from the division as to the status of the grant close out. NAME OF GRANTEE Federal ID#: Signature: _____________________________DATE:_________________ Brandi Harless, Mayor City of Paducah Signature: _____________________________DATE:_________________ Ty Wilson, Grants Administrator City of Paducah 2020-21 HHW Grant Worksheet CITY OF PADUCAH CITY OF PADUCAH 61-6001891 MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER ACCEPTING MATCHING GRANT FUNDS THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT FOR A 2020- 2021 HOUSEHOLD HAZARDOUS WASTE GRANT FOR FUNDING FOR THE ANNUAL CITY/COUNTY CLEAN-UP DAY AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts matching grant funds in the amount of $24,500 through the Kentucky Division of Waste Management for a 2020-2021 Household Hazardous Waste Grant to fund disposal services for the 2021 Annual City/County Free Clean-Up Day. A local match of $6,125 is required with the City of Paducah and County of McCracken contributing $ 3,062.50 each. The City’s contribution will come from the Engineering/Public Works Account No. 50002209- 520040. SECTION 2. That the Mayor is hereby authorized to execute the Grant Agreement and all related documents with the Kentucky Division of Waste Management. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. __________________________________ Brandi Harless, Mayor ATTEST: ____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 MO\grants \award-Household Hazardous Waste 2021 Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Authorizing the agreement with Data Records Management Services to perform the Police Department digitization project that is being funded by the KDLA Local Records Program Grant in the amount $33,529 - B LAIRD Category: Municipal Order Staff Work By: Ty Wilson Presentation By: Brian Laird Background Information: The Kentucky Local Records Branch provides records management assistance to more than 2,900 local government agencies in the Commonwealth. The Paducah Police Department has been awarded a Kentucky Department of Libraries and Archives (KDLA) grant in the amount of $33,529 to digitize approximately 54 boxes of felony case files that state law requires to be stored for 80 years. The size of the boxes and files has created a lack of storage space and accessibility issues and digitizing them will allow for easier access to the file information. The work to scan and digitize the files was competitively bid according to the city's and KDLA's guidelines. The KDLA chose Data Records Management Services, Inc as the vendor to complete the project. The City will enter into a contract with DRMS. The amount of the contract will be fully funded by the KDLA grant funds. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Accept the bid from DRMS and authorize the Mayor to execute all documents related to same. Attachments: 1.Vendor Notification 2.agree – DRMS Police Felony Records 2020 MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER ACCEPTING THE BID OF DATA RECORDS MANAGEMENT SERVICES, INC., IN AN AMOUNT OF $33,529 FOR DIGITIZATION SERVICES FOR FELONY CASE FILES FOR THE PADUCAH POLICE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah accepts the bid of Data Records Management Services, Inc., in an amount of $33,529 for digitization services for felony case files for the Paducah Police Department, said bid being in substantial compliance with bid specifications, and as contained in the bid of Data Records Management Services, Inc., of March 4, 2020. SECTION 2. The Mayor is hereby authorized to execute a contract with Data Records Management Services, Inc., for digitization services for felony case files, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. This purchase shall be funded by grant funding received through the Kentucky Department for Libraries & Archives. Said grant funds were accepted by Municipal Order No. 2330 on March 31, 2020. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\ agree – DRMS Police Felony Records 2020 Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Acceptance of the 2020 National Endowment for the Arts Art Works grant in the amount of $10,000 for the development and implementation of a Creative Entrepreneurship Program - L PARISH Category: Municipal Order Staff Work By: Melanie Townsend, Ty Wilson, Lindsay Parish Presentation By: Lindsay Parish Background Information: The National Endowment for the Arts offers grants to local arts agencies to support artistically excellent projects that celebrate creativity and cultural heritage. Local governments operating as Local Arts Agencies are eligible to apply for these 50/50 matching grants. Local Arts Agencies provide programs and services to help support and enable arts and culture at the local level. The City of Paducah through its many partnerships with and support of local art organizations qualifies as a Local Arts Agency. The City of Paducah proposes the development and implementation of a Creative Entrepreneurship program consisting of 5-10 classes designed to assist creative industry entrepreneurs with starting and running a small business. The seminar of classes will be presented over a 3-4 day time frame and will include but not limited to business plan development, product development, small business taxes and bookkeeping, and marketing. The classes will be taught be qualified individuals. The estimated cost of the seminar is $20,000. The City of Paducah will request $10,000 from the NEA Art Works grant program. A local match of $10,000 will be required. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Arts & Cultural Programs Account Number: MR0078 Staff Recommendation: Authorize the Mayor to execute all grant acceptance documents. Attachments: 1.Municipal Order MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER ACCEPTING A 2020 NATIONAL ENDOWMENT FOR THE ARTS ART WORKS GRANT IN THE AMOUNT OF $10,000 FOR THE DEVELOPMENT AND IMPLEMENTATION OF A CREATIVE ENTREPRENEURSHIP PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS RELATED TO THE GRANT WHEREAS, The National Endowment for the Arts offers grants to local arts agencies to support artistically excellent projects that celebrate creativity and cultural heritage. WHEREAS, the City of Paducah adopted Municipal order #2264 to authorize an application to the National Endowment for the Arts for the creation of a creative entrepreneurship program; and WHEREAS, the National Endowment for the Arts has approved the application and is now ready to award the grant in the amount of $10,000. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute the agreement and all related documents to accept a National Endowment for the Arts grant in an amount of $10,000 for the implementation of a creative entrepreneurship program. SECTION 2. The required match of $10,000 will be provided by Project No. MR0078. SECTION 3. This Order will be in full force and effect from and after the date of its adoption. ______________________________ MAYOR ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\grants\National Endowment for the Arts Art Works - 2020 Creative Entrepreneurship Program Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: FY2021 Contract with WKCTC for $85,000 for Operation of Public and Government Access Channels - P SPENCER Category: Municipal Order Staff Work By: Pam Spencer Presentation By: Pam Spencer Background Information: The contract for services with WKCTC and Paducah Junior College for the operation of the Public and Government Access Channels (Comcast channels 2 and 11) is up for renewal. The contract is an annual contract effective July 1, 2020. The services provided by WKCTC include the live telecasting of the Commission Meetings, Workshops, and Planning Commission Meetings, bulletin board slide programming, coverage of special events, city-related and non-profit productions, and technical assistance. In this contract, the City will appropriate $85,000 from the Fiscal Year 2021 General Fund budget for television services. If none of the parties has changes, the contract automatically will renew annually for an additional three years with a termination date of June 30, 2024. The contract has been reviewed by WKCTC President Dr. Anton Reece, Paducah Junior College Board of Trustees Chairwoman Anne Gwinn, Paducah Junior College Foundation Executive Director Lee Emmons, and WKCTC Television Coordinator Tom Butler. WKCTC has produced programming on Comcast channels 2 and 11 for the City of Paducah since 1986. When the City provides funds to an organization, we prepare a simple Contract for Services agreement that describes the public services the organization will provide as a result of receiving City funds. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Cable Authority Account Number: 10002811 523070 Staff Recommendation: Authorize the Mayor to enter into one-time Contract for Services by and between the City of Paducah, West Kentucky Community & Technical College (WKCTC), and Paducah Junior College for a total of $85,000 for the operation of the public and governmental access channels by WKCTC. Attachments: 1.TV Contract Beginning July 2020 2.contract – WKCTC Public Government Access Channels 2020-2024 MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH WEST KENTUCKY COMMUNITY & TECHNICAL COLLEGE AND PADUCAH JUNIOR COLLEGE, INC. IN THE AMOUNT OF $85,000 FOR THE OPERATION OF THE PUBLIC AND GOVERNMENT ACCESS CHANNELS BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a contract with West Kentucky Community & Technical College and Paducah Junior College, Inc. in the amount of $85,000 for the operation of the Public and Government Access Channels (Comcast Channels 2 and 11). This contract shall have an effective date of July 1, 2020. If none of the parties have changes, the contract shall automatically renew annually for an additional three years with a termination date of June 30, 2024. SECTION 2. This expenditure shall be charged to the Cable Authority Account No.10002811 523070 SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. ______________________________ Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\ contract – WKCTC Public Government Access Channels 2020-2024 Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Accept Donation of Property Located at 2011 Guthrie Avenue - G CHERRY Category: Ordinance Staff Work By: Greg Cherry Presentation By: Greg Cherry Background Information: Ronnie W. and his wife Deborah Adams would like to donate 2011 Guthrie Avenue to the City of Paducah. This will benefit the City to receive this property versus foreclosure expenses. This property will be turned over to the Planning Department for future re-development. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize Mayor Brandi Harless to sign a deed transferring 2011 Guthrie Avenue to the City of Paducah. Attachments: 1.Municipal Order MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 2011 GUTHRIE AVENUE FROM RONNIE ADAMS AND DEBORAH ADAMS TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby approves and consents to the donation of the property located at 2011 Guthrie Avenue from Ronnie Adams and Deborah Adams. SECTION 2. The Mayor is hereby authorized to execute the Consideration Certificate in the Deed of Conveyance to accept the donation of property as approved in Section 1 above. It is determined that it is necessary and desirable and in the best interest of the City to accept this donation and execute the Consideration Certificate contained in said Deed of Conveyance, which deed of conveyance and consideration certificate are hereby authorized and approved. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Brandi Harless, Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\prop donated – 2011 Guthrie Ave Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Purchase of Mowers in an amount of $76,761.98 for Paxton Park Golf Course - M THOMPSON Category: Municipal Order Staff Work By: James Arndt, Mark Thompson Presentation By: Mark Thompson Background Information: In an effort assist Paxton Park Golf Course reduce the cost of maintenance and operations it is recommended that the purchase of two new major mowers be purchased from the Fleet Fund for use at the City's Golf Course. The first mower is a rough mower and it is replacing a 1982 Jacobsen gang mower. The second mower is a greens mower and it replaces a 2009 model. The golf course care requires daily dependability out of specialized mowing equipment and the current equipment is well past it's prime maintenance-wise. Bids were taken and there were three respondent vendors. The best evaluated bid for the rough mower was $43,900.00 from ERB Turf Equipment. The best evaluated bid on the greens mower was $32,861.98 from Kenny Machinery. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Fleet Fund Account Number: Staff Recommendation: Approval of the purchase of a rough mower and a greens mower for the City's Paxton Park Golf Course. Attachments: 1.Municipal Order MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER ACCEPTING THE BID OF KENNY MACHINERY IN AN AMOUNT OF $32,861.98 FOR THE PURCHASE OF A NEW GREENS MOWER AND ACCEPTING THE BID OF ERB TURF EQUIPMENT, INC., IN AN AMOUNT OF $43,900 FOR THE PURCHASE OF A NEW ROUGH MOWER FOR USE BY PAXTON PARK GOLF COURSE AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah accepts the bid of Kenny Machinery in an amount of $32,861.98 for the purchase of a new greens mower and accepting the bid of ERB Turf Equipment, Inc., in an amount of $43,900 for the purchase of a new rough mower for use by the Paxton Park Golf Course, said bid being in substantial compliance with bid specifications, and as contained in the bids of Kenny Machinery and ERB Turf Equipment, Inc., of March 5, 2020. SECTION 2. The Mayor is hereby authorized to execute a contract with Kenny Machinery, for the purchase of a greens mower, as authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. The Mayor is hereby authorized to execute a contract with ERB Turf Equipment, Inc., for the purchase of a rough mower, as authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid SECTION 4. These expenditures shall be charged to the Fleet Fund Account. SECTION 5. This Order shall be in full force and effect from and after the date of its adoption. _____________________________ Brandi Harless, Mayor ATTEST: ____________________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 MO\agree – Paxton Park Golf Mowers 2020 Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Application for the State and Local Government Financial Wellness Grant through the Kentucky League of Cities - S SUAZO Category: Municipal Order Staff Work By: Stefanie Suazo, Ty Wilson Presentation By: Stefanie Suazo Background Information: This is a one-time grant to establish a financial wellness program for employees. These funds can be used to expand programming already offered, to establish new programs and initiatives, to work with trusted third-party vendors to reach the public sector workforce, or to reach a wider audience through other quality programming. Programs should aim to improve financial literacy and financial wellness behaviors. It is the desire of the City to apply for a grant to start a financial wellness class for City employees in partnership with WKCTC. The curriculum will be designed by WKCTC and will offer the course at various times. The grant application will be for $17,250 to cover the costs of WKCTC delivering the courses and materials. There is no match requirement. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize the Mayor to execute all grant application documents. Attachments: 1.Municipal Order MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER AUTHORIZING THE CITY OF PADUCAH TO APPLY FOR A STATE AND LOCAL GOVERNMENT FINANCIAL WELLNESS GRANT IN AN AMOUNT OF $17,250 FOR FINANCIAL WELLNESS CLASSES FOR CITY EMPLOYEES AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah is hereby authorized to apply for a State and Local Government Financial Wellness Grant in an amount of $17,250 for financial wellness classes for city employees and authorizes the Mayor to execute all documents related to same. No local match is required. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. __________________________ Brandi Harless, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\grants\app – Financial Wellness Grant Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Accepting delivery of Deed of Conveyance on behalf of the Commissioners of Paducah Water from the Paducah-McCracken County Industrial Development Authority for purposes of making improvements to the City’s water distribution system - J PETERSON Category: Municipal Order Staff Work By: James Arndt, Lindsay Parish Presentation By: Background Information: The City’s municipal water system is managed and operated by the Commissioners of Waterworks of the City of Paducah (the “Paducah Water”). By resolution adopted on June 24, 2020, Paducah Water deemed the acquisition of one (1) acre, more or less of a certain tract of land, together with certain ingress, egress, permanent and temporary easements (the “Property”) valuable to and in the best interest of Paducah Water for purposes of future planning and system expansion including without limitation the construction of an elevated water storage tank, water mains and appurtenances. The property comprises a portion of existing parcels located at 5802 Commerce Drive within Industrial Park West (a.k.a. I- 24 Park), and 3924 Maxon Road, all in Paducah, McCracken County, Kentucky and owned by Paducah- McCracken County Industrial Development Agency. The aforesaid Agency has approved the donation and transfer of the Property to Paducah Water and, now, Paducah Water requests that the Board of Commissioners of the City of Paducah for the use and benefit of Paducah Water accept the delivery of the deed of conveyance from the Agency and approve the execution thereof. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Approve the Municipal Order. Funds Available:Account Name: Account Number: Staff Recommendation: Attachments: 1.Municipal Order MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE FOR THE TRANSFER OF PORTIONS OF EXISTING PARCELS OF PROPERTY LOCATED AT 5802 COMMERCE DRIVE AND 3924 MAXON ROAD, PADUCAH, KENTUCKY, BY THE CITY OF PADUCAH ACTING ON BEHALF OF THE COMMISSIONERS OF WATERWORKS DBA PADUCAH WATER WHEREAS, the Commissioners of Waterworks of the City of Paducah, Kentucky, DBA Paducah Water (the “PWW”), has previously determined that it is beneficial for PWW to acquire the portion of existing parcels located at 5802 Commerce Drive within Industrial Park West (a.k.a. I-24 Park), and 3924 Maxon Road from the Industrial Development Authority (the “IDA”) for purposes of making improvements to the City’s water distribution system; and WHEREAS, in order to consummate the transfer of said real property a deed of conveyance containing a sworn consideration certificate must be executed and filed of record; NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, Section 1. Recitals and Authorizations. The Board of Commissioners hereby authorizes the Mayor to certify and execute the consideration certificate contained in the deed of conveyance from the IDA to the City of Paducah, Kentucky, acting on behalf of the Commissioners of Waterworks DBA Paducah Water for portion of existing parcels located at 5802 Commerce Drive within Industrial Park West (a.k.a. I-24 Park), and 3924 Maxon Road, Paducah, Kentucky. It is determined that it is necessary and desirable and in the best interest of the City to execute the consideration certificate contained in said deed of conveyance, which deed of conveyance and consideration certificate is hereby authorized and approved. Section 2. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky. ______________________________ Mayor ATTEST: ______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\pww-prop transfer - 5802 Commerce Drive and 3924 Maxon Road Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Authorize the Finance Director to Call the Series 2011 General Obligation Bond and Retire Debt Service related to the Bond Issue - J ARNDT Category: Municipal Order Staff Work By: James Arndt Presentation By: James Arndt Background Information: The series 2011 General Obligation Bonds that were issued for debt service related to the property jointly owned by the City and County located at 5400 Commerce Drive in Paducah, KY. On July 10, 2020 the City and County sold that property to Standard Insurances Company. The City desires to use the sales proceeds from the sell of property to call and retire the debt issuance associated with that property, namely the series 2011 General Obligation Bond. The County contributed $632,500.00 toward the retirement of the principal. The City has invoiced the County for their portion of the remaining accrued interest in the amount of $4,913.82. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Approve the Municipal Order. Attachments: 1.Municipal Order 2.Redemption of City of Paducah Taxable GOB 2011 MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO CALL THE SERIES 2011 GENERAL OBLIGATION BOND AND TO RETIRE THE DEBT SERVICE RELATED TO SAID BOND ISSUE IN THE AMOUNT OF $1,274,827.64 AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME WHEREAS, the City of Paducah, adopted Ordinance No. 2011-7-7832 on July 12, 2011 to issue the series 2011 General Obligation Bonds for debt service related to the property jointly owned by the City and County located at 5400 Commerce Drive in Paducah, KY; and WHEREAS, on July 10, 2020, the City and County sold said property to Standard Insurances Company; and WHEREAS, the City desires to use the sale proceeds from the sale of said property to call and retire the debt issuance associated with the property, namely the series 2011 General Obligation Bond; and WHEREAS, McCracken County, Kentucky, contributed $632,500.00 toward the retirement of the principal; and WHEREAS, the City has invoiced McCracken County for their portion of the remaining accrued interest in the amount of $4,913.82. NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes and directs the Finance Director to call the series 2011 General Obligation Bond and to retire the debt service related to said bond issue in the amount of $1,274,827.64 and authorizes the execution of all documents related to same. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. ____________________________________ Brandi Harless, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\Call & Retire 2011 General Obligation Bond Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Authorize the Finance Director to make payment to Western Surety Company for the Pump Station #2 Project - R MURPHY Category: Municipal Order Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: The City of Paducah entered into an Agreement with Huffman Construction, LLC dated May 3, 2018 relating to the Flood Pump Station # 2 Rehabilitation Project as approved by Ordinance 2018-04-8623. The City terminated the agreement with Huffman Contracting, LLC on May 26, 2020 as approved by Ordinance 2020-05-8636. Western Surety Company issued a payment and performance bond on behalf of Huffman Construction, LLC in the amount of $4,947,000.00 insuring the Pump Station #2 Rehabilitation Project. Western Surety Company has made payments under the performance and payment bond on behalf of Huffman Construction, LLC. In order to pay outstanding obligations accrued prior to the default under the contract with Huffman Construction, LLC, the City may make payment to Western Surety Company in lieu of payment directly to Huffman Construction, LLC. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Pump Station #2 Rehab Account Number: FW0014 Staff Recommendation: Authorize the Finance Director to make payments to Western Surety Company in regards to the Pump Station #2 Rehabilitation Project in lieu of payments directly to Huffman Construction, LLC whose contract with the City of Paducah was terminated by Ordinance No. 2020-5-8638. Attachments: 1.Municipal Order MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENT TO WESTERN SURETY COMPANY IN REGARDS TO THE PUMP STATION #2 REHABILITATION PROJECT IN LIEU OF PAYMENTS DIRECTLY TO HUFFMAN CONSTRUCTION, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME WHEREAS, the City of Paducah entered into an Agreement with Huffman Construction, LLC dated May 3, 2018, relating to the Flood Pump Station # 2 Rehabilitation Project as approved by Ordinance No. 2018-04-8623; and WHEREAS, the City terminated the agreement with Huffman Construction, LLC on May 26, 2020 as approved by Ordinance 2020-05-8636; and WHEREAS, Western Surety Company has made payments under the performance and payment bond on behalf of Huffman Construction, LLC; and WHEREAS, in order to pay outstanding obligations accrued prior to the default under the contract with Huffman Construction, LLC, the City may make payment to Western Surety Company in lieu of payment directly to Huffman Construction, LLC. NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Finance Director to make payment to Western Surety Company for obligations accrued prior to the default under the contract with Huffman Construction, LLC, and authorizes the Mayor to execute all documents related to same. SECTION 2. This expenditure shall be charged to the Pump Station Rehab Project Account No. FW0014. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. ____________________________________ Brandi Harless, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\ Western Surety Company – Huffman - Pump Station No. 2 Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Municipal Order Directing the City Manager to Continue the Pause of the Lose Associates Agreement until January 2021 - J ARNDT Category: Municipal Order Staff Work By: James Arndt Presentation By: James Arndt Background Information: Municipal Order 2281 adopted on August 27, 2019 authorized the Mayor to enter into a professional design and construction management services with LOSE. Pursuant to Article 9 of said agreement the City suspended the design services with LOSE for 88 days beginning on May 1, 2020. Based on the direction provided to the City Manager’s Office this Municipal Order has been created to continue the suspension past the current 88 day period until January 2021, after the installment of the newly elected Board of Commissioners. Per section 9.3 the City understands that a suspension that last longer than 90 days provides LOSE the opportunity to terminate this agreement with seven days notice. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Attachments: 1.Municipal Order 2.Agreement between City of Paducah and Lose & Associates, Inc. MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER DIRECTING THE CITY MANAGER TO CONTINUE THE SUSPENSION OF THE AGREEMENT WITH LOSE & ASSOCIATES, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR AN INDOOR RECREATION AND AQUATICS FACILITY UNTIL JANUARY OF 2021 AND FURTHER DIRECTING THE CITY MANAGER TO CONTINUE DUE DILIGENCE RELATED TO THE PROJECT WHEREAS, Municipal Order No. 2281, adopted on August 27, 2019, authorized the Mayor to enter into a professional design and construction management services agreement with LOSE & Associates, Inc.; and WHEREAS, pursuant to Article 9 of said agreement the City has suspended the design services with Lose & Associates, Inc., beginning on May 1, 2020; and WHEREAS, the City of Paducah understands that a suspension which last longer than 90 days provides Lose & Associates, Inc., the opportunity to terminate the agreement by providing the City with seven days’ notice; and WHEREAS, the Board of Commissioners desires to continue the suspension of design services with Lose & Associates, Inc., until January of 2021. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes and directs the City Manager to continue the suspension of design services with Lose & Associates, Inc. until January of 2021, in accordance with Article 9 of the Agreement with Lose & Associates, Inc. SECTION 2. That the City of Paducah hereby authorizes and directs the City Manager to continue due diligence related to the project. Due diligence should include the following: 1. The creation of a conceptual build-out for perspective tenants. 2. The creation of community focus groups for the project with an emphasis on inclusion and programming. 3. Research on financial assistance and facility naming rights. 4. Research on facility costs with an emphasis on understanding the impact of COVID- 19 on the project Pro Forma. SECTION 3. Expenditures related to the above referenced due diligence shall be done within the limits of the City’s Small Purchase Plan and within the City Manager’s procurement restrictions unless otherwise authorized by the Board of Commissioners. SECTION 4. This Municipal Order shall be effective from and after the date of its adoption. ______________________________ Brandi Harless, Mayor ATTEST: ______________________________ Lindsay Parish, City Clerk Introduced & Amended by Board of Commissioners, July 14, 2020 Adopted by the Board of Commissioners, _____________________ Recorded by Lindsay Parish, City Clerk, _______________________ \ord\Suspend Lose & Associates Agreement Until January 2021 sf` IDocument B101Ta — 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the eighth day of August in the year two thousand nineteen In words, indicate day, month and year,) BETWEEN the Architect's client identified as the Owner: Name, legal status, address and other information) City of Paducah 300 S. 5m St Paducah, KY 42002 and the Architect: Name, legal status, address and other information) Lose & Associates, Inc. DBA: Lose Design 2809 Foster Ave Nashville, TN 37210 Phone: 615-242-0040 for the following Project: Name, location and detailed description) Paducah Indoor Aquatics and Recreation Facility Site Selection and Construction Documents, as outlined in Exhibit A. The Owner and Architect agree as follows. M02 -2Z ADDITIONS AND DELETIONS: The author of this document has added information needed for Its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document Indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document 8101s4 -2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Inst. This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This t document was produced by AIA software at 10:36:55 ET on 08/23/2019 under Order No. 0727966213 which expires on 05/0212020, and Is not for resale. User Notes: (3B9ADA4E) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time ofexecution.') 1.1.1 The Owner's program for the Project: Insert the Owner's program, idents documentation that establishes the Owner's program, or state the manner in which the program will be developed.) See Exhibit A 1. 1.2 The Project's physical characteristics: Identify or describe pertinent information about the Project's physical characteristics, such assize; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description ofthe site, etc) Location to be determined after evaluating four potential sites that have been identified by the City. 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: Provide total and, if known, a line item breakdown) Stated budget for construction is $15,000,000.00. 1.1A The Owner's anticipated design and construction milestone dates 1 Design phase milestone dates, if any: AIA Document B101 "s —2017. Copyright ©1974, 1978, 1967, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Inst. This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, .toranyportionofit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This 1 document was produced by AIA software at 10:36:55 ET on 00/23/2019 under Order No. 0727966213 which expires on 0510212020, and is not for resale. User Notes: (3B9ADME) Complete Design and Permitting by June 2020. 2 Construction commencement date: September 2020. 3 Substantial Completion date or dates: November 2021. A Other milestone dates: N/A 1. 1,5 The Owner intends the following procurement and delivery method for the Project: Idents method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast- track design and construction, multiple bid packages, orphased construction.) Design, Bid and Build 1,1.6 The Owner's anticipated Sustainable Objective for the Project: Identify and describe the Owner's Sustainable Objective for the Project, if any.) To construct site infrastructure and facilities outline in Exhibit A. Paragraph Deleted) 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204TM-2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: List name, address, and other contact information) James W. Arndt, City Manager 300 S. 511' St. Paducah, KY 42002 Phone: 270-444-8503 jamdt@paducahky.gov 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: List name, address, and other contact information) Mark Thompson, CPRP 1400 H.C. Mathis Dr. Paducah, KY 42002 Phone: 270-444-8508 mthompson@paducahky.gov 1.1.9 The Owner shall retain the following consultants and contractors: List name, legal status, address, andother contact information) 1 Geotechnical Engineer: AIA Document 6101- —2017. Copydght ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. This AIA0 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, 3oranyportionofit, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This t document was produced by AIA software at 10:38:55 ET on 08/2312019 under Order No. 0727966213 which expires on 0510212020, and Isnot for resale. User Notes: (359ADA4E) Bacon Farmer Workman Engineering& Testing, Inc. 500 S. 511, St. Paducah, KY 72003 270-443-1995 2 Civil Engineer: Bacon Farmer Workman Engineering & Testing, Inc. 500 S. 51h St. Paducah, KY 72003 270443-1995 3 Other, if any: Surveying List any other consultants and contractors retained by the Owner.) Bacon Farmer Workman Engineering & Testing, Inc. 500 S. 51h St. Paducah, KY 72003 270-443-1995 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: List name, address, and other contact information) Chris Camp, PLA DBA: Lose Design 2809 Foster Ave Nashville, TN 37210 Phone: 615-242-0040 ccamp@lose.design 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: List name, legal status, address, and other contact information) 1.1.11.1 Consultants retained under Basic Services: 1 Structural Engineer: Bacon Farmer Workman Engineering & Testing, Inc. 500 S. 51h St. Paducah, KY 72003 270-443-1995 2 Mechanical Engineer: Marcom Engineering, LLC 500 S. 1711, St. Paducah, KY 42003 Phone: 270.444-9274 3 Electrical Engineer: Marcom Engineering, LLC 500 S. 171h St. Init. AIA Document B101TM —2017. Copyright* 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAs Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 4oranyportionofit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET on 0 812 3/201 9 under Order No. 0727966213 which expires on 0510212020, and is not for meals, User Notes: (3BRADME) Paducah, KY 42003 Phone: 270-444-9274 1.1.11.2 Consultants retained under Supplemental Services: Operations Consultant SFA, Sports Facilities Advisory 600 Cleveland St., Suite 910 Clearwater, FL 33755 Phone: 727-474-3845 Aquatics Consultant Water Technology, Inc. 100 Park Ave. PO Box 614 Deaver Dam, WI 53916 Phone: 920-344-3132 1. 1.12 Other Initial Information on which the Agreement is based: Owner understands that Lose Design does not have control over state and local permit review time frames, which can impact the overall project schedule. 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203T"L2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202TI —2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors ot; or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage 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. AIA Document 13101 W —2017. Copyright ®1874, 1978,1987.1997. 2007 and 2017 by The Amedcan Institute of Architects. All rights reserved. WARNING: nit. This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, 5oranyportionofit, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET on 08123/2019 under Order No. 0727866213 which expires on 06/02/2020, and Is not far resale. User Notes: (389ADA4E) 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. 2.5.1 Commercial General Liability with policy limits of not less than one million ($ 1,000,000 ) for each occurrence and two million ($ 2,000,000 ) in the aggregate for bodily injury and property damage. 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than one million ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. 2.5A Workers' Compensation at statutory limits. 2.5.5 Employers' Liability with policy limits not less than one million ($ 1,000,000 ) each accident, one million ($ 1,000,000 ) each employee, and one million ($ 1,000,000 ) policy limit. 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than two million ($ 2,000,000 ) per claim and four million ($ 4,000,000) in the aggregate. 2.53 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. 3.1. 1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. 3.1,3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once AIA Document 13101'a —2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Inst. This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 6oranyportionofit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET on 08/2312019 under Order No. 0727966213 which expires on 05/02/2020, and Is not for resale. User Notes: (309ADA4E) approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 3.2 Schematic Design Phase Services 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. 3.3 Design Development Phase Services 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other AIA Document 8101 n —2017. Copyright ©1974,1978. 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. This AIAo Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, 7oranyportionofit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:56 ET on 08/23/2019 under Order No. 0727966213 which expires on 05/ 02/2020, and is not for resale. User Notes: (3a9ADME) documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. 3.4 Construction Documents Phase Services 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. 3A.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation o£(1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. 3.5 Procurement Phase Services 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. 3,5.2 Competitive Bidding 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: 1 facilitating the distribution of Bidding Documents to prospective bidders; 2 organizing and conducting a pre-bid conference for prospective bidders; 3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, 4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. AIA Document 8101- —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, Boranyportionofit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This f document was produced by AIA software at 10:36:55 ET on 0 812312 01 9 under Order No. 0727966213 which expires on 05=12020, and Is not for resale. User Notes: (MADME) 3.5.3 Negotiated Proposals (Removed) Paragraphs Deleted) 3.6 Construction Phase Services 3.6.1 General 3.6.1,1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A20ITw-2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. 3.6.2 Evaluations of the Work 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. AIA Document 18101TO —2017. Copyright m 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING: Init. This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, goranyportionofit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This f document was produced by AIA software at 10:36:55 ET on 08/23/2019 under Order No. 0727966213 which expires on 05/02@020, and is not for resale. User Notes: (3a9ADME) 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. 3.6.3 Certificates for Payment to Contractor 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. 3.6.32 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. 3.6.4 Submittals 3.6A.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 3.6A.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents, The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. 3.6AA Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. AIA Document 6101 TM —2017. Copydght ®1974, 1978, 1987, 1997, 2D07 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Inst. This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrlbudon of this AIAe Document, 10oranyportionofit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET an 08123/2019 under Order No. 0727966213 which expires on 05102/2020, and Is not for resale. User Notes: (3B9ADA4E) 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. 3.6.5 Changes in the Work 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. 3.6.5.2 The Architect shall maintain records relative to changes in the Work. 3.6.6 Project Completion 13.6.6.1 The Architect shall: 1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; 2 issue Certificates of Substantial Completion; 3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, 4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 4.1 Supplemental Services 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible forproviding the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.1 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility Architect Owner, or notprovided) 4.1.1.1 Programming Architect 4.1.1.2 Multiple preliminary designs Architect to evaluate four sites 4.1.1.3 Measured drawings NP AIA Document 6101 re —2017. Copydght ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. This AIA- Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAo Document, 11oranyportionofit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET on 0812312019 under Order No. 0727966213 which expires on 0510212020, and is not for resale. User Notes: (399ADA4E) 4.1.1,4 Existing facilities surveys NP 4.1. 1.5 Site evaluation and planning Architect 4.1. 1.6 Building Information Model management responsibilities NP 4.1.1.7 Development of Building Information Models for post construction use NP 4.1.1.8 Civil engineering Architect 4.1.1.9 Landscape design Architect 41.1,110 Architectural interior design Architect 4.1.1.11 Value analysis NP 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 NP 4.1.1.13 On-site project representation NP 4.1.1.14 Conformed documents for construction Architect 4.1,1.15 As -designed record drawings NP 4.1.1.16 As -constructed record drawings NP 4.1.1.17 Post -occupancy evaluation NP 4.1.1.18 Facility support services NP 4.1.1.19 Tenant -related services NP 4.1.1.20 Architect's coordination of the Owner's consultants NP 4.1.1.21 Telecommunications/data design Architect 4.1.1.22 Security evaluation and planning NP 4.1.1.23 Commissioning NP 4.1.1.24 4.1.3 Sustainable Project Services pursuant to Section NP 4.1. 1.25 Fast-track design services NP 4.1.1.26 Multiple bid packages NP 4.1.1.27 Historic preservation NP 4.1.1.28 Furniture, furnishings, and equipment design Architect 4.1.1.29 Other services provided by specialty Consultants Architect, Aquatics Consultant 4.1.1.30 Other Supplemental Services Architect, Management Consultant 4.1.2 Description of Supplemental Services 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. Describe in detail the Architect's Supplemental Services identified in Section 4. 1.1 or, ifsetforth in an exhibit, identify the exhibit. The AIA publishes a number ofStandard Form ofArch itec i's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services.) Supplemental Services as noted in 4.1.1. 1 will be provided as part of the base contract. 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, ifsetforth in an exhibit, identify the exhibit) See Exhibit A AIA Document 8101m —2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Inst. This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, 12 or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET on 08/23/2019 under Order No. 0727956213 which expires on 05102/2020, and Is not for resale. User Notes: (3a9ADME) 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204T"t-2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: 1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; 2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; 3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; 4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; 5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner -authorized recipients; 6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; 7 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; Paragraph Deleted) 8 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, 9 Assistance to the Initial Decision Maker, if other than the Architect. 10 Providing Construction Administration Services beyond the stated date of completion resulting from delays caused by the Contractor 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. 1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; 2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; 3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; 4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, 5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional AIA Document 8701 r —2017. Copyright ®1974, 1978, 1987,1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: toll' This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 13oranyportionofIt, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET on 08123/2019 under Order No. 0727966213 which expires on 05/02/2020, and Is not for resale. User Notes; (359ADA4E) Services. When the limits below are reached, the Architect shall notify the Owner: 1 Two (2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor 2 Monthly visits to the site by the Architect during construction 3 Two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents 4 One ( 1 ) inspections for any portion of the Work to determine final completion. 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. 14.2.5 If the services covered by this Agreement have not been completed within twenty two ( 22 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES 5.1 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. 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. 5.3 The Owner shall identify a representative authorized to act on the Owner'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. 5.4 Deleted 5.5 Deleted 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204'M-2017, Sustainable Projects Exhibit, attached to this Agreement. 5.8 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 famish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 5.10 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. AIA Document 8701' —2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Inst. This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 14oranyportionofIt, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:38:55 ET on 08123/2019 under Order No. 0727958213 which expires on 05/0212020, and Is not for resale. User Notes: (3BRADME) 5. 11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall AIA Document 8101--2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, 15 or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This f document was produced by AIA software at 10:36: 55 ET on 0 812312 01 9 under Order No. 0727966213 which expires on 0510212020, and is not for resale. User Notes: (369ADME) 1 give written approval of an increase in the budget for the Cost of the Work; 2 authorize rebidding or renegotiating of the Project within a reasonable time; 3 terminate in accordance with Section 9.5; 4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, 5 implement any other mutually acceptable alternative. 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. 6.8 If the Architect notifies the Owner in writing that the Opinion of Probable Cost exceeds the Owners stated budget and the Owner directs the Architect to proceed with bidding; the Architect shall be compensated at the stated percentage of construction cost of the total bid amount, including add alternates and will be compensated hourly to revise the drawings to bring the project within budgeted funds. ARTICLE 7 COPYRIGHTS AND LICENSES 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. 7.2 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 shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project isnot to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. AIA Document 13101^ r —2017. Copyright®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: toil. This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, 16oranyportionofIt, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:38:55 ET on 08/2312019 under Order No. 0727888213 which expires on 0510212020, and is not for resale. User Notes: (389ADA4E) 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES 8.1 General 8.1. 1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period 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 waive all claims and causes of action not commenced in accordance with this Section 8.1.1. 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract for Construction. 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. 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This 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 9.7. 8.2 Mediation 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. 8.2.2 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 American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed 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 of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: Check the appropriate box) Arbitration pursuant to Section 8. 3 of this Agreement X ] Litigation in a court of competent jurisdiction in McCracken County, Kentucky, Other: (Specify) AIA Document 8101' —2017. Copyright ®1974,1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, WARNING; Init. This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 17oranyportionofIt, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This t document was produced by AIA software at 10:36:55 ET on 08/23/2019 under Order No. 0727966213 which expires on 05102/2020, and Is not for resale. User Notes: (3B9ADA4E) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. 8.3 Arbitration (Removed) Paragraphs Deleted) ARTICLE 9 TERMINATION OR SUSPENSION 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, 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 Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. 9A Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terns of this Agreement through no fault of the party initiating the termination. 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. 9.7 (Removed) Paragraphs Deleted) 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9. 7. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8. 3. 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. AIA Document 8101- —2017. Copyright ©1974, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, 18oranyportionofit, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This t document was produced by AIA software at 10:36:55 ET on 08/2312019 under Order No. 0727966213 which expires on 0510212020, and is not for resale. User Notes: (389ADA4E) 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, orresponsibilities beyond the scope of this Agreement. 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. 10.8.1 The receiving party may disclose `confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: 1 Stipulated Sum Insert amount) 2 Percentage Basis AIA Document Is101TM —2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init.This AIA® Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, 19 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This f document was produced by AIA software at 10:36:55 ET on 08/ 23/2019 under Order No. 0727966213 which expires on 0510212020, and is not for resale. User Nates: (389ADME) Insert percentage value) of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. 3 Other Describe the method of compensation) See Exhibit B & C 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: Insert amount of, or basis for, compensation. Ifnecessary, list speck services to which particular methods of compensation apply) NA 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: Insert amount of, or basis for, compensation) Hourly 11A Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11. 3, shall be the amount invoiced to the Architect plus zero percent ( 00/6), or as follows: Insert amount of, or basis for computing, Architect's consultants' compensation for Supplemental orAdditional Services) 11.6 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Table Deleted) See Exhibit B 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. Ifapplicable, attach an exhibit of hourly billing rates or insert them below.) See Exhibit C Employee or Category Rate ($0.00) AIA Document 13101 ^ —2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: IRit. This AIA° Document is protected by U.B. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 20oranyportionofIt, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This 1 document was produced by AIA software at 10:36:55 ET on 08/23/2019 under Order No. 0727966213 which expires on 05102/2020, and Is not for resale. User Notes: (369AOME) 11.8 Compensation for Reimbursable Expenses 11.0.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: 1 Transportation and authorized out-of-town travel and subsistence; 2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; 3 Permitting and other fees required by authorities having jurisdiction over the Project; A Printing, reproductions, plots, and standard form documents; 5 Postage, handling, and delivery; 6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; 7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; 8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; 9 All taxes levied on professional services and on reimbursable expenses; 10 Site office expenses; 11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective, and, 12 Other similar Project -related expenditures. 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus zero percent ( 0 %) of the expenses incurred. 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements setforth in Section 2.5, andfor which the Owner shall reimburse the Architect.) NA 11.10 Payments to the Architect 11.10.1 Initial Payments 11,10.1.1 An initial payment of zero ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of zero ($ 0.00 ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. 11.10.2 Progress Payments 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid forty-five 45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. Insert rate ofmonthly or annual interest agreed upon) 4.5 % four and one half percent 11.10.2.2 The Owner shall not withhold amounts from the Architect's 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 for the amounts in a binding dispute resolution proceeding. AIA Document 0101 M — 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: nit. This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, 21oranyportionofIt, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This t document was produced by AIA software at 10:38:55 ET on 08123/2019 under Order No. 0727900213 which expires on 0510212020, and Is not for resale. User Notes: (3a9ADME) 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Include other terms and conditions applicable to this Agreement.) ARTICLE 13 SCOPE OF THE AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. 13.2 This Agreement is comprised of the following documents identified below: 1 AIA Document B l O1T"L2017, Standard Form Agreement Between Owner and Architect Paragraphs Deleted) 2 Exhibits: Check the appropriate boxfor any exhibits incorporated into this Agreement.) j AIA Document E204T'4-2017, Sustainable Projects Exhibit, dated as indicated below: Insert the date of the E204-2017 incorporated into this agreement.) X ] Other Exhibits incorporated into this Agreement: Clearly identify any other exhibits incorporated into this Agreement including any exhibits and scopes ofservices identified as exhibits in Section 4.1.2.) Exhibit A. Project Approach Exhibit B. Fee Schedule Exhibit C. Hourly Rates Exhibit D. Insurance Certificate 4 Other documents: List other documents, if any, formingpart of the Agreement.) This Agreement entere into as of the day and year first wri( OWNER (Signature) 11 8randi Hi rleas Moam(- Printed name and title) i-enris Lamp, YLA President and CEO Printed name, title, and license number, if required) AIA Document 8101^" —2017. Copyright ®1974, 1978, 1987, 1887, 2007 and 2017 by The American Institute or Architects. All rights reserved. WARNING: Init. This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 22oranyportionofIt, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This I document was produced by AIA software at 10:36:55 ET on 0812312019 under Order No. 0727966213 which expires on 05/02/2020, and is not for resale. User Notes: (3SRADME) Additions and Deletions Report for AIA® Document MIT" — 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete It, as well as any text the author may have added to or deleted from the original AIA text. Added text Is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not Incorporated Into or constitute any part of the associated AIA document. This Additions and Deletions Report and Its associated document were generated simultaneously by AIA software at 10:38:55 ET on 08/23/2019. AGREEMENT made as of the eighth day of August in the year two thousand nineteen City of Paducah 300 S. 51s St Paducah, KY 42002 Lose & Associates, Inc. DBA: Lose Desitm 2809 Foster Ave Nashville, TN 37210 Phone: 615-242-0040 Paducah Indoor Aquatics and Recreation Facility Site Selection and Construction Documents, as outlined in Exhibit A PAGE TABLE OF ARTICLES Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) See Exhibit A Location to be determined after evaluating four potential sites that have been identified by Ote Cit)_ Additions and Deletions Report for AIA Document 8101 m —2017. Copydght ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:30:55 ET on 08/23/2019 under Order No. 0727988213 which expires on 05/02/2020, and Is not for resale. User Notes: (3B9ADA4E) Stated budeet for construction is $15.000.000.00. PAGE Complete Design and Permitting by June 2020.. Seotember2020. November 2021. N/A Design. Bid and Build To construct site infrastructure and facilities outline in Exhibit A. James W. Arndt City Manager 300 S. 5lb St. Paducah, KY 42002 Phone: 270-444-8503 iamdt(abaducahkv.gov Mark Thompson, CPRP 1400 H.C. Mathis Dr. Paducah. KY 42002 Phone: 270-444-8508 mtbomDsonQnaducahkv.eov PAGE Bacon Fanner Workman Engineering & Testing Inc. 500 S. 51' St. Additions and Deletions Report for AIA Document 81017M —2017. Copyright ®1974, 1978, 1987,1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:38:55 ET on 0 812 3/2 01 9 under Order No. 0727980213 which expires on 05/02/2020, and Is not for resale. User Notes: (389ADME) Paducah. KY 72003 270-443-1995 Bacon Farmer Worlartan Engineering & Testing. Inc. 500 S. 51" St. Paducah, KY 72003 270-443-1995 3 Other, if any: Surveying Bacon Fanner Workman Engineering & Testing. Inc. 500 S. 51s St. Paducah. KY 72003 270-443-1995 Chris Camp. PLA DBA: Lose Design n.....w.......r,.uw.wvw. ...w. ........... ....0 r..-. vw............. wv.....w........uuv......ovuva. ur.ouurv„ivu reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:56 ET on 0 912 3/2 01 9 under Order No. 0727966213 which expires on 05/02/2020, and Is not for resale. User Notes: (369ADA4E) 2809 Foster Ave Nashville, IN 37210 Phone: 615-242-0040 ceamo Iose.desig Bacon Fanner Workman Engineering & Testing. Inc. 500 S. 5d, St. Paducah, KY 72003 270-443-1995 Marcom Engineering, LLC 500 S. 171s St. Paducah KY 42003 Phone: 270-444-9274 Marcom Engineering, LLC 500 S. 171s St. PAGE Paducah, KY 42003 e: 270444-9274 Additions and Deletions Report for AIA Document B101 w —2017. Copyright ®1974, 1978, 1987,1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4reproductionordistributionofthisAIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET on 08123/2019 under Order No. 0727966213 which expires on 05/02/2020, and Is not for resale. User Notes: (3B9ADA4E) Operations Consultant SFA, Sports Facilities Advisory 600 Cleveland St., Suite 910 Clearwater, FL 33755 Phone: 727-474-3845 Aquatics Consultant Water Technology, Inc. 100 Park Ave. PO Box 614 DeaverDam, Wl 53916 Phone: 920-344-3132 PAGES 2.5.1 Commercial General Liability with policy limits of not less than one million ($ 1.000.000 ) for each occurrence and two million ($ 2.000.000 ) in the aggregate for bodily injury and property damage. 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than one million ($ 1.000.000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. 2.5.5 Employers' Liability with policy limits not less than one million ($ 1.000.000 ) each accident, one million ($ 1.000.000 ) each employee, and one million ($ 1.000.000 ) policy limit. 2.5.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than two million ($ 2.000.000) per claim and four million ($4,000.00 in the aggregate. PAGE 3.5.3 Negotiated Proposals Removed Additions and Deletions Report for AIA Document B101 w —2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA8 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA9 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:38:55 ET on 08/23/2019 under Order No. 0727988213 which expires on 05/0212020, and Is not for resale, User Notes: (3139ADME) organizing . lin . PAGE 12 4.1.1.1 Programming Architect 4.1. 1. 2 Multiple preliminary designs Architect to evaluate four sites 4.1.13 Measured drawings NP 4.1. 1.4 Existing facilities surveys NP 4.1. 1.5 Site evaluation and planning AmIliftesi 4.1. 1.6 Building Information Model management responsibilities NP 4.1.13 Development of Building Information Models for post construction use NP 4.1. 1.6 Civil engineering Architect 4.1.1.9 Landscape design Architect U.1.10 Architectural interior design Architect 4.1.1.11 Value analysis NP 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 NP 4.1.1.13 On-site project representation NP 4.1.1.14 Conformed documents for construction Architect 4.1.1.15 As -designed record drawings NP 4.1.1.16 As -constructed record drawings NP 4.1.1.17 Post -occupancy evaluation NP 4.1.1.18 Facility support services NP 4.1.1,19 Tenant -related services NP 4.1.1.20 Architect's coordination of the Owner's consultants NP 4.1.1.21 Telecommunications/data design Architect Additions and Deletions Report for AIA Document 131010" — 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights meerved. WARNING: This AIAO Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result In severe civll and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:56 ET on 08123/2019 under Order No. 0727966213 which expires on 05/02/2020, and Is not for resale. User Notes: (389ADA4E) 4.1. 1.22 Security evaluation and planning NP 4.1.1.23 Commissioning NP 4.1.1.24 4.1.3 Sustainable Project Services pursuant to Section NP 14.1.1.25 Fast-track design services 1hR 4.1.1.26 Multiple bid packages NP 4.1.1.27 Historic preservation NP 4.1. 1.28 Furniture, furnishings, and equipment design Architect 4.1.1.29 Other services provided by specialty Consultants Architect, Aquatics Consultant 4.1.1.30 Other Supplemental Services Ar hitect Management Consultant Suonlemental Servicesas noted in 4.1.1.1 will be Drovided as part ofthe base contract. See Exhibit A PAGE 13 PAGE 14 Il—Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; 10--,Consultation concerning replacement of Work resulting from fire or other cause during construction; or, 44— 9Assistance to the Initial Decision Maker, if other than the Architect. 10 Providing Construction Administration Services beyond the stated date of completion resulting from delays caused by the Contractor 1 To (2) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor Additions and Deletions Report for AIA Document 6101 TM —2017. Copyright ®1974,1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAx Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:58 ET on 08/2312019 under Order No. 0727966213 which expires on 06/0212020, and Is not for resale. User Notes: (369ADME) 2 { }Monthly -visits to the site by the Architect during construction 3 Two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents 4 One(.!) inspections for any portion of the Work to determine final completion. 4.2.5 If the services covered by this Agreement have not been completed within twenty two (22 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. tm PAGE 16 6.7If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11. 3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. Additions and Deletions Report for AIA Document B101--2017. Copyright ®1974, 1978, 1987,1997, 2007 and 2017 by The American Institute of Amhitects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET on 08123/2019 under Order No. 0727966213 which expires on 05102/2020, and is not for resale. User Notes: (369ADME) PAGE 17 X [ Litigation in a court of competent jurisdiction in McCracken County. Kentucky. PAGE 16 6.3 Arbitration Removed Additions and Deletions Report for AIA Document 81011M —2017. Copyright ®1974, 1978, 1987,1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 9reproductionordistributionofthisAIAeDocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET on 0812312019 under Order No. 0727966213 which expires on 05/0212020, and is notfor resale. User Notes: (3B9ADME) f PAGE 20 NA Hourly See Exhibit B & C 11 A Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus zero percent ( 0%), or as follows: Additions and Deletions Report for AIA Document B101 m —2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10reproductionordistributionofthisAIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET an 08/2312019 under Order No. 0727986213 which expires an 05/0212020, and is not for resale. User Notes: (3B9ADA4E) See Exhibit B See Exhibit C PAGE 21 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus zero percent (0 %) of the expenses incurred. N 11.10.1.1 An initial payment of zero ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of zero ($ 0.00 ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid forty-five 45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. 4.5 %'four and one half percent PAGE 22 Additions and Deletions Report for AIA Document B1011a —2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorizedreproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 11 maximum extent possible under the law. This document was produced by AIA software at 10:36:55 Er on 08123/2019 under Order No. 0727966213 which expires an 05/0212020, and Is not far resale. User Notes: (3B8ADME) 4--2 Exhibits: X ] Other Exhibits incorporated into this Agreement: Exhibit A. Project Approach Exhibit B. Fee Schedule Exhibit C. Hourly Rates Exhibit D. Insurance Certificate Chris Camo. PLA President and CEO Additions and Deletions Report for AIA Document 13101"-2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA6 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12reproductionordistributionofthisAIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET on 08/2 312 01 9 under Order No. 0727966213 which expires on 05/02/2020, and Is not for resale. User Notes: (389ADME) Certification of Document's Authenticity AIA® Document D401 TM —2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:36:55 ET on 08/23/2019 under Order No. 0727966213 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text ofAIA® Document B10lTm - 2017, Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. Au!a S+ 9r aQ Dated) Gni AIA Document D401 TM —2003. Copyright®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:36:55 ET on 0612312019 under Order No. 0727966213 which expires on 0510=020. and Is not for resale. User Notes: (369ADME) Exhibit A Project Approach Lose Design is pleased to present our qualifications for the design and development of a new Indoor Aquatic & Recreation Facility for Paducah, KY. With a strong history of designing successful aquatics & recreation centers, we have established a high standard for competition and family facilities in their respective communities. The programs and building amenities are designed to cater to the needs of the communities they serve. They have generated overwhelming praise for the design and dedication to providing quality recreation for their patrons. Phase 1. Predesign Services (programming, concept development, site evaluations & operations and management analysis) Kickoff Meeting & Programming Session Upon award of the design contract for Paducah's new Indoor Aquatic & Recreation Facility, Lose Design will schedule a kickoff meeting with the facilities staff, City representatives and project team, and our design team to ascertain the priority of programming necessities and desires. During this kick-off meeting we will identify any appropriate Community or Citizen interest groups to talk about how they view this facility providing for the present and future needs of the community and schedule the community involvement process. Our proven methodology begins with client discussions and education regarding the project goals and parameters. Our team takes a holistic approach to design. We feel it is important to review the comprehensive goals and objectives of our client's program before developing a conceptual design for a new facility. Operation and Management Assessment During the initial programming phase, Sports Facilities Advisory (SFA) team member will be tasked with generating a proforma for the facility. SFA utilizes existing data, market research, and information gathered via meetings and calls with the City to produce a 5 -year cash flow forecast. SFA's pro formas are detailed, institutional -grade financial forecasts, used to support decision-making and financing. The pro forma will provide the City with a detailed understanding of the financial reality of this potential project. The pro forma will provide insight into the financial potential of the project and will include projections related to construction and start-up costs, revenues/expenses by product/program, facility utilization, and more. The financial forecast will also address the wide range of key performance indicators and contributing factors that influence operations and the overall financial performance of the facility. Understanding that the City is looking for this analysis to include operational details for the venue, the pro forma will have a detailed breakdown of the required organizational structure and salaries required to operate the venue (operating financial model). Once this data has been gathered, SFA will produce a summary report for your project. The summary report will include an overview of the pro forma, as well as sports and recreation participation trends. This also includes a list of potential innovative events and activities inclusive of local programming, niche sports markets, and regional events. Site Assessments & Concept Development Site evaluations for the four proposed sites will progress simultaneously with the building programming and pro forma development. It will be critical to review the potential project sites for physical and financial opportunities and constraints, while also addressing relevant site/user issues of each site to determine the best site solution. This will help minimize costs in the preparation of the site for the new facility. Once a site has been selected, a preliminary program will be developed. This program will serve as the project's design guide. Using the program data, Lose will then develop a cohesive building model that includes the intended design elements and provides a skilled design solution. In conjunction with the initial plans, Lose will produce a preliminary Opinion of Probable Cost (OPC), utilizing data from the pro forma and our team's knowledge of current construction costs. The Lose team will work in conjunction with the city's representatives throughout all phases of the design and make professional recommendations along the way, with the intention of fulfilling the program requirements and maintaining the established budget. We will hold regular and frequent scheduled meetings with both the City Project Team and the Board of Commissioners to keep them apprised of the project status. In these meetings, we will discuss items such as: the design progression as they arise, clarify requirements, generate FFE lists, review cost estimates, and confirm that the design complies with all applicable codes and disciplines. Best building practices, energy efficient solutions, and environmentally sustainable measures will be incorporated into the project's design. Phase 2. Topographic Survey and Geotechnical Testing One the site selection process has identified the preferred site for the new center, a topographic survey will be prepared along with a geotechnical report for the site. These documents will be used to guide the design team as it moves into the development of construction documents. Phase 3. Construction Documents (schematic design, design development and construction documents The Schematic Design phase will fine tune the conceptual plans and serve as the basis for implementing design decisions. Preliminary materials, finishes, activities and equipment are reviewed and selected. The facilities plans, sections, utility requirements, code review and budget conformance review are developed during this phase. As with each phase in the design process, regular and frequent scheduled review meetings will be provided with the entire projects team. On the design team assembled for this project is one of the country's most reputable aquatic consultants, Water Technology, Inc. (WTI). WTI's planning and design approach is a proven, successful methodology for the development of public water- based recreational facilities. WTI was established in 1983 and is an experienced specialty consultant in aquatics. Our consultants will participate in every step of the project, from design through the warranty period, to add their expertise as to differing alternatives, industry standards, costs, and current facility trends. With our team's previous and ongoing experience, we are especially well suited to address issues specific to aquatics & recreation facilities. During the Design Development and Construction Document phases, Lose will continue to refine the building design to offer the best possible solution for the Paducah facilities. Intended project materials, finishes, activities and equipment are finalized. The facilities plans, sections, utility requirements, code review, project detailing, coordination verification and clash detection are further refined during this phase to aid in streamlining the construction process. Lose will update the OPC as the design matures and will ensure that the project remains within the established budget. In the event of programmatic expansion or modifications that effect project budget, alternative solutions will be proposed through the value engineering (VE) process to adjust parameters that will aim to bring the project back within the funding range. With a consensus from the Paducah contingent, construction documents will be finalized. Lose Design will coordinate submission of the Construction Documents package to the appropriate state and local permitting officials for review and approval. Phase 4. Bidding and Construction Administration Bidding Upon approval of the documents, the project will be released for the competitive bid process. During this bidding phase, the Lose team will answer and questions from prospective bidders, issue addenda, manage the opening and review of all bids, and make a recommendation to the user agency for award to the successful and appropriate bidder. Construction Administration Following the successful bidder's contract negotiations, Lose Design will schedule a construction kick off meeting to review project parameters, point of contact and communication process, project submittal review process, schedule, and quality control expectations. A Notice to Proceed will be issued to the successful bidder at this meeting. During construction, our team will observe the work for any deficiencies. We will communicate the results of our site observations and any impacts to the schedule in a timely manner. Our qualifications are matched by our commitment to produce an outstanding project for our clients. Additionally, regular Owner Architect Contractor (OAC) meetings will be scheduled on site with all parties. These meetings will review job progress, discuss any changes to the work and review Contractor's pay requests. Outside of these meetings, the Lose team will review product submittals, respond to Contractor questions on the work, and recommend solutions and alternatives for the best resolution of issues. Upon notification from the Contractor that construction has reached substantial completion, Lose will schedule a Substantial Completion Inspection. A physical inspection will be performed and a comprehensive list of incomplete or deficient items will be generated and issued to the Contractor for the correction prior to the final inspection and payment. Lose Design will administer customary Project Close Out procedures to aid in a smooth transition of ownership from the GC to the city for end use. Lose Design will remain available during the one-year warranty period to address issues and problems as they arise, provide recommendations for their correction, and verify that corrective measures have been implemented by the GC to the satisfaction of the city and its representatives. 4 LOSE DESIGN SPACES FOR LIFE. Exhibit B August 8, 2019 RE: Fees for Design & Construction Administration Services for Indoor Aquatic & Recreation Facility Lose Design is pleased to submit a fee proposal for the design and construction administration services for the Indoor Aquatics & Recreation Facility. Our fees are based on the stated construction budget of $15,000,000. We have broken our fees into four phases, Pre -Design, Surveying and Geotechnical Services, Design and Permitting though Construction Administration Services. We have also provided a budget figure for developing a topographic survey and geotechnical report and once a site is selected we can provide a hard cost for the services. Lose Design will only proceed with each phase of the project upon receiving a signed copy of this fee proposal directing us to proceed. Phase 1. Predesign Services Lose Design: programming, concept development and site evaluations $ 43,125.00 5.75% of construction cost x 51/o) WTI: programming and concept development $ 9,600.00 SFA: programming, operations and management feasibility study $ 32.500.00. Total $ 85,225.00 Authorization to Proceed: Title: MCL\/n Phase 2. Survey and Geotechnical Testing As the exact site for the facility has not been determined, fees for required topographic survey work and development of a geotechnical report cannot be provided. Based an discussions with design team members it is recommended that a budget line of 25,000.00 be established for this work. Total $25,000.00 Authorization to Proceed: <zz=Qt Title: LOSE DESIGN 1 2809 FOSTER AVENUE NASHVILLE, TN 37210 1 615.242.0040 www.lose.design LOSE DESIGN SPACES FOR LIFE. Phase 3. Construction Documents (schematic design -construction documents) Lose Design: (5.75% of construction cost x 60%) $517,500.00 WTI: aquatics construction documents slawao0 Total $680,100.00 Authorization to Proceed: Title: Permitting, Bidding & Construction Administration Lose Design: (5.75% of construction cost x 35%) $301,875,00 WTI: aquatics coordination and construction administration S 28,606.00 Total $330,475.00 Authorization to Proceed: Title: Total Base Fee $1,120,800.00 As outlined above the total base fee for both predesign services through construction administration and project close out is $1,120,800. In addition to the base fee, reimbursable expenses will be bill at cost. The base fee excluding predesign services and aquatics design services is based on a fee of 5.75% of construction cost for all architectural, civil, MPE, & structural engineering services and landscape architectural services. Actual fees will be adjusted to reflect the final construction cost based on actual bids received on the project for base design elements and add alternate bid items. LOSE DESIGN 1 2809 FOSTER AVENUE NASHVILLE, TN 37210 1 615.242.0040 www.lose.design ATTACHMENT C — Hourly Rates LOSE DESIGN HOURLY RATE SCHEDULE (for use with all hourly agreements and for Additional Services) Professional Services Hourly Rate Principal/President................................................................................................. 240.00 Executive Vice President.......................................................................................... 220.00 VicePresident......................................................................................:................... 200.00 DivisionDirector I.........................:.........................:...::...:........................................ 185.00 Division Director 11....................:.........:.......::...............::.:::....................................... 160.00 Marketing Director......................::............................................................................ 110.00 Senior Landscape Architect, Architect, Engineer, and Planner .............................. 140.00 Certified Park & Recreation Specialist, Engineer Specialist, Project Coordinator.. 110.00 L A I, Architect I, Engineer I, Project Manager I :...................................................... 115.00 LA 11, Architect 11, Engineer 11, Project Manager II .................................................. 110,00 Land Planner I, Intern Architect I, Engineer in Training I BIM Specialist, GIS Specialist I, Assistant Graphic Designer I .............................. 95.00 Land Planner 11, Intern Architect 11, Engineer in Training II GIS Specialist II, Assistant Graphic Designer II ..................................................... 90.00 Technician I ................... :......... .............. .................................... ............. ..................... 80.00 InteriorDesigner........................................................................,................................ 95.00 TechnicianII............................................................................................................... 75.00 Marketing Coordinator............ ................. I.............................................................. 70.00 Assistant Accounts Manager, Administrative Assistant I ........................................ 60.00 Administrative Assistant 11.:::..............................................::..................:.................. 35.00 Reimbursable Expenses Consultants' Services cost Prints cost Long Distance Telephone Charges cost Postage and Shipping cost Mileage and Travel Expenses cost Copies cost January 1, 2019 NOTE: All the above -stated fees and expenses are to be billed monthly, and the invoices are due and payable upon receipt. Other reimbursable expenses not shown hereon will be invoiced at our cost. These rates are current until January 1, 2020, at which time they may be adjusted by the Design Professional. 10 A 0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 08/08/2019 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holderls an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(a). PRODUCER Risk Strategies Company 104 Woodmont Blvd. Suite 400 Nashville TN 37205 NA i - Judy,WlO PnoNEWCNd -N0: ADDREaSa:. IPAttQrisk-slratagies.coin'. INSURERS) AFFORDING COVERAGE _ NAICa INSURERA: Travelers Indemnity Cc of Amer 25666 INSURED Lase & Associates Inc., dba Lose Design 2809 Faster Avenue Nashville TN 37210 INSURERS: Travelers Property Casualty Company of America 25674 INSURER c: Travelers Indemnity Cc 25658 INSURER D: XL Specially Insurance Company 37885 INSURER E: _ INSMERF: COVERAGES. CERTIFICATE NUMBER: 06/21/2019 REVISION NUMBER: THIS IS TO CERYIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD MD POLICYNUMBER M ONY MMIDONMI UNITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE lOCCUR 6807H159910 10/11/2018 10/11/2019 EACH OCCURRENCE $ 1,000,000 PREMISES.Eaacouaence) $ 1.000,000 MED EXP Wy one arson) $ 10,000 PERSONAL B ADV INJURY g 1,000,000 OEN'LA- REGATELIMITAPPLIESPER: POLICY X JEGT 1:1 Loa OTHER GENERALAGGREGATE a 2.000,000 PRODUCTS -COMPIOP AGO g 2,000.000 B AUTOMOBILELIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLYPAUTOS HIREDxATOS ONLY AUTOS ONLY BA7H160748 10/11/2018 10111/2019 C M dtlent'-'SINGLELIMR $ 1,000,000eat - BODILY INJURY (Par person) $ BODILY INJURY(Peracddan0 $ F..Nds DAMAGE $ C x UMBRELLA LIAB EXCEss LIAR X OCCUR CLAIMS -MAGE CUP71-1161284 10/1112018 10/11/2019 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED . X RETENTION s 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEREXECUTIVE OFFICER/MEMBER EXCLUDED? Mandatoryin NH) If yea, describe under DESCRIPTION OF OPERATIONS Win. NIA UB6J795832 10/11/2018 10/11/2019 X1 ST TTE 10ER E.LEACHACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,D00,000 D Professional Liabllity DPR994463D 08/26/2019 061261202D Each Claim $2,000,000 Annual Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ADDED 101, Additional Remarks Schedule, may be attached if mare apaee le required) Evidence of insurance only. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Paducah ACCORDANCE WITH THE POLICY PROVISIONS. 300 S. 51h Street AUTHORIZED REPRESENTATIVE Paducah KY 42002 ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Adopt the 2020 Our Paducah Strategic Plan - M SMOLEN Category: Municipal Order Staff Work By: Michelle Smolen Presentation By: Michelle Smolen Background Information: The proposed 2020 Our Paducah Strategic Plan reflects the Board of Commissioners' goals from input received during annual strategic plan retreat on January 25, 2020 and the FY21 budget process. Similar to previous years, the Commissioners identified the highest priorities in each Key Performance Indicator, which are known as What's Important Now (WIN) initiatives. There are two new categories in the supplemental document for Continuous Improvement and What's Important Later (WIL) initiatives. The Key Team Member will provide quarterly updates for the remainder of 2020 for all WIN, High, Medium and Low priorities. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Adopt the 2002 Our Paducah Strategic Plan Attachments: 1.Municipal Order 2.Our Paducah 2020 Annual Scorecard for Adoption MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER AMENDING THE CITY’S STRATEGIC PLAN AND ADOPTING THE STRATEGIC PLAN ACTION STEPS FOR THE CITY OF PADUCAH WHEREAS, the Board of Commissioners of the City of Paducah adopted Municipal Order No. 2098 on May 8, 2018, entitled, “An Municipal Order Of The City Of Paducah, Kentucky, Approving Two Core Elements Of The City’s Strategic Plan (Vision And Key Performance Areas & Objectives); And Directing The City M anager And His Staff To Establish The Mission And Organizational Values For The Strategic Plan And Prepare An Implementation Action Plan For The Final Core Element Of The Strategic Plan”; and WHEREAS, the Board of Commissioners of the City of Paducah adopted Municipal Order No. 2193 on December 17, 2018, entitled, “A Municipal Order Adopting The Mission Statement And Organizational Values For The City Of Paducah, Kentucky”; and WHEREAS, the Board of Commissioners of the City of Paducah adopted Municipal Order No. 2207 on February 12, 2019, to revise the Vision and Key Performance Areas of the Strategic Plan and adopt Strategic Plan Action Steps; and WHEREAS, the Board of Commissioners met on January 25, 2020, for a Commission retreat to review the elements of the Strategic Plan; and WHEREAS, the Board of Commissioners now wish to revise the Strategic Plan to reflect current goals. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Key Performance Areas of the City of Paducah are hereby amended as follows: [Maintain a High Level of Safety for All] Public Safety Develop Healthy and Sustainable Neighborhoods Maintain Thoughtful and Modern Infrastructure Provide Open, Smart, and Engaged Government Creative Industries Empower Upward Economic Mobility for All [Provide Excellent Recreation Experiences for All Ages and Abilities] Recreation & Wellbeing Celebrate a Diverse Community SECTION 2. That two new categories are hereby created that shall be called Continuous Improvement and What’s Important Later. SECTION 3. That the Board of Commissioners hereby adopts the Strategic Plan Action Steps along with the Continuous Improvement and What’s Important Later Items that are attached hereto as Exhibit A and incorporated herein by reference. SECTION 4. That all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Municipal Order are, to the extent of such conflict, hereby repealed and the provisions of this Municipal Order shall prevail and be given effect. SECTION 5. This Municipal Order shall become effective on the date of its adoption and shall remain in effect until amended or repealed by action of the Board of Commissioners of the City of Paducah, Kentucky. ________________________________________ Brandi Harless, Mayor ATTEST: __________________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners July 14, 2020 Recorded by Lindsay Parish, City Clerk, July 14, 2020 \mo\Strategic Plan 2020 Amendment Exhibit A Strategic Plan Action Steps Item Code Action Item Key Team Member Priority Level Action Timeline Expectations E-1 Be a small business advocate and resource for new and existing businesses Kathryn Byers WIN 2020 Conduct business retention visits throughout the city and assist businesses with growth and development E-2 Implement TIF district in downtown Paducah Katie Axt WIN 2020 Successful implementation of the TIF district through the State E-3 Promote occupancy in all downtown buildings Katie Axt WIN 2020 90% of downtown buildings occupied E-4 BUILD Grant - design and construct a steamboat excursion dock, park, and pedestrian connections to downtown Ty Wilson WIN 2020 - 2023 Entire stretch of the riverfront will be redeveloped to attract tourists, encourage business investment, and mixed use development E-5 Promote maximum participation in the complete count Census 2020 Pam Spencer WIN 2020 Great participation from all demographics within the City E-6 Initiate and maintain ongoing effective communications with GPED Jim Arndt High 2020 Conduct regular monthly meetings with GPED CEO and continually update Board of Commissioners on quarterly basis E-7 Partner with local taskforce to create a program that helps individuals living in poverty obtain and keep employment Michelle Smolen High 2020 Participate in the local taskforce meetings and support the elected officials in this endeavor Performance Area: Empower Upward Economic Mobility Item Code Action Item Key Team Member Priority Level Action Timeline Expectations I-1 Continue to expand the Greenway Trail Corridor throughout the City Tammara Tracy & Rick Murphy WIN 2020 Completion of the Bob Leeper Bridge and construction of Phase 5. Plan Phase 6 and apply for grant funding I-2 Continue implementation of the USACE/City of Paducah $32m Local Flood Protection Project (LFPP) Restoration Rick Murphy WIN 2020 - 2022 Replacement of discharge pipes & the slice gate, rehabilitation of various mechanical components and motors at Pump Station #2 I-3 Stormwater utility maintenance and mitigation Rick Murphy & Chris Yarber WIN 2020 Design and construct targeted stormwater maintenance projects and improvements I-4 Complete the 5 year facility asset improvement plan and begin implementation Rick Murphy & Chris Yarber High 2020 Begin implementation of capital facility improvements I-5 Improve and maintain cyber security and City Hall security Stephen Chino High 2020 Complete Phase 1 security improvements and access control at City Hall and conduct employee cyber security training seminars I-6 Design and construct pedestrian safety improvements - Crossings, sidewalks, flashing lights, etc. Rick Murphy High 2020 Installation of new sidewalks and improvements of pedestrian interchanges in high traffic areas and/or critical connections Performance Area: Maintain Thoughtful & Modern Infrastructure Item Code Action Item Key Team Member Priority Level Action Timeline Expectations N-1 Encourage, incentivize, and/or support more housing options throughout the City Tammara Tracy WIN 2020 Development and construction of more housing options N-2 Engage and empower neighborhoods to thrive Melanie Reason WIN 2020 Development, participation and leadership in neighborhood associations throughout the city Item Code Action Item Key Team Member Priority Level Action Timeline Expectations P-1 Adopt and implement alternative 911 revenue source through a partnership with the County and upgrade the countywide system Michelle Smolen & Chief Laird WIN 2020 A stable and sustainable revenue source that supports emergency telecommunications and capital expenditures P-2 Expand substance abuse community education, awareness and enforcement efforts Chief Laird High 2020 - 2022 Provide ongoing educational outreach sessions for diverse communities within the city P-3 Design and build a cooperative public safety training facility and grounds Chief Kyle High 2020 - 2023 Obtain grant funding to begin the design and construction of the facility Performance Area: Develop Healthy & Sustainable Neighborhoods Performance Area: Public Safety Item Code Action Item Key Team Member Priority Level Action Timeline Expectations R-1 Plan, design and construct a sports plex and indoor recreation aquatic facility James Arndt WIN 2020 - 2021 Complete design and begin construction of the indoor recreation and aquatic facility in Noble Park R-2 Support the Sports Commission in their pursuit of the long term development, design, construction, operation, maintenance, sales and marketing of tournament worthy sports facilities Amie Clark WIN 2020 Attend and participate at the McCracken County Sports Commission meetings advocating for outdoor fields in the City R-3 Evaluate and combine outdoor concerts and block party Molly Tomasallo Johnson WIN 2020 Work with Mainstreet Coordinator to maximize participation and attendance at regularly scheduled downtown events R-4 Conduct pop-up farmers market throughout the city Molly Tomasallo Johnson High 2020 Implement pop-up farmer's markets in various locations within the city R-5 Create, promote and increase awareness about shoreline and river based recreation activities/competitions Katie Axt High 2020 - 2023 Continue Tennessee Riverline initiative and create river based recreation activity R-6 Improve the experience of planning community special events for the customers Michelle Smolen & MMT High 2020 Streamline the internal process while keeping customers at the forefront Performance Area: Recreation & Wellbeing Item Code Action Item Key Team Member Priority Level Action Timeline Expectations O-1 Implement Measures to Recruit & Retain Quality City Employees Stefanie Suazo WIN 2020 Become a preferred employer within the western KY, southern IL and southeast MO region Item Code Action Item Key Team Member Priority Level Action Timeline Expectations C-1 Fully appoint and support a Creative and Cultural Council Lindsay Parish & Tammara Tracy WIN 2020 An Arts Council is created to enhance current activities and monitor progress with measurable objectives C-2 Recognize, promote and encourage creative industry growth Creative and Cultural Council High 2020 - Ongoing Continue to increase the number of advanced workshops focused on entrepreneurial and business development for creative industries C-3 Assist local arts and culture organizations with grant funding Ty Wilson High 2020 - Ongoing Provide technical assistance to the Creative and Cultural Council in pursuing arts grants C-4 Promote and encourage Creative Exchanges with other Creative Cities Mayor Harless High 2020 - Ongoing Continue to enhance our global reputation through UNESCO C-5 Implement an annual assessment on arts and culture Creative and Cultural Council Low 2020 - Ongoing Conduct an annual assessment to track progress Item Code Action Item Key Team Member Priority Level Action Timeline Expectations D - 1 Develop intentional inclusion efforts throughout our organization Leadership Team WIN 2020 - Ongoing Inclusion will be the norm in Team Paducah's culture that sets an example for the community Performance Area: Open, Smart & Engaged Government Performance Area: Creative Industries Performance Area: Celebrate a Diverse Community Item Code Action Item Key Team Member CI - 1 Continue to support efforts to cultivate local entrepreneurship and innovation with Sprocket and CodeFi Kathryn Byers CI - 2 Implement new zoning regulations Tammara Tracy CI - 3 Improve and construct internet Wi-Fi at public places Stephen Chino CI - 4 Improve street conditions within the City Rick Murphy CI - 5 Increase energy efficiency within City-owned and operated facilities and street lights Rick Murphy CI - 6 Intensify parks maintenance and cleanliness efforts Mark Thompson CI - 7 Promote, design and encourage annual athletic tournaments and competition Amie Clark CI - 8 Host city sponsored special events partnering with community/business partners Molly Tomasallo Johnson CI - 9 Continue enhancement of parks equipment, and signage Amie Clark CI - 10 Continue new youth oriented community policing programs and projects Asst. Chief Copeland CI - 11 Continue to develop a dynamic, interactive, resource-rich website, online services and social media presence Leadership Team CI - 12 Create and sustain a customer centric culture aligned with our organizational values Lindsay Parish CI - 13 Host high school and college interns on a regular basis Stefanie Suazo Item Code Action Item Key Team Member WIL 1 Downsize the City's ownership in facilities Jim Arndt WIL 2 Pursue national recreation and parks association departmental accreditation Amie Clark WIL 3 Develop and implement a fire community risk reduction program April Tinsman WIL 4 Implement a city-wide branding campaign Jim Arndt WIL 5 Solicit, promote, and encourage film productions and/or live theater in the City Tammara Tracy WIL 6 Beautification of commercial corridors through the focus on signage at gateways Rick Murphy & Chris Yarber WIL 7 Create a comprehensive bike plan Tammara Tracy WIL 8 Adopt and implement performance management standards throughout the organization City Manager's Office WIL 9 Create a community awards program to celebrate the fulfillment of the city's vision Pam Spencer Continuous Improvement What's Important Later Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Rezoning of 5802 Commerce Drive - T TRACY Category: Ordinance Staff Work By: Josh Sommer Presentation By: Tammara Tracy Background Information: The Industrial Development Authority wishes to rezone 16.38 acres on the western edge of Commerce Park from R-1 Low Density Residential Zone to M-1 Light Industrial Zone. The initial development would be a water tower that is proposed to contain 1,000,000 gallons of water and stand 170-180 feet tall. The purpose of the water tower is to enhance water pressure in the Cairo Road pressure zone. The proposed M-1 Zone is in compliance with the City of Paducah Comprehensive Plan. The Paducah Planning Commission met on June 15, 2020 and forwarded a positive recommendation to the Board of Commissioners to rezone the property. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): E-1; E-7 Funds Available:Account Name: Account Number: Staff Recommendation: Rezone the property to the M-1 Zoning classification. Attachments: 1.Commerce Drive Plat 2.Commerce Drive site plan 3.Signed Resolution 4.Ordinance ORDINANCE NO. 2020-____-_______ AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE CHANGE FOR PROPERTY LOCATED AT 5802 COMMERCE DRIVE FROM R-1 (LOW DENSITY RESIDENTIAL ZONE) TO M-1 (LIGHT INDUSTRIAL ZONE) BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That a Resolution passed by the Paducah Planning Commission on June 15, 2020, and entitled, “A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONING CHANGE FROM R-1 (LOW DENSITY RESIDENTIAL ZONE) TO M-1 (LIGHT INDUSTRIAL ZONE) FOR PROPERTY LOCATED AT 5802 COMMERCE DRIVE,” be approved as the final report of said Commission respecting the matters therein set forth. SECTION 2. That the zone classification and the map amendment proposed in said resolution be and the same are hereby declared to be in agreement with the Comprehensive Plan of the City of Paducah. SECTION 3. That the zone classification of the following described properties be changed from R-1 to M-1: ZONE CHANGE LEGAL DESCRIPTION – TRACT 1 A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the east side of Maxon Road, south of Cairo Road, and east of Commerce Drive, Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at a point, approximately 30 feet from the centerline of Maxon Road, said point being the northwest corner of the Paducah-McCracken County Industrial Development Authority property (recorded in Deed Book 1264, Page 632) and the southwest corner of the Michael Hall property (recorded in Deed Book 836, Page 263); Thence, S67º09’11”E a distance of 412.00 feet to a point, said point being the northeast corner of the above said Paducah-McCracken County Industrial Development Authority property and the southeast corner of the above said Michael Hall property; Thence, S22º28’37”W a distance of 25.5 feet to a ½” diameter x 18” long rebar and cap stamped “BFW KJW #3445” (set), said point being THE TRUE POINT OF BEGINNING; Thence along the north property line of Tract 1 with the centerline of a creek, S72º34’23”E a distance of 32.28 feet to a point; Thence continuing along the centerline of said creek, N74º31’25”E a distance of 58.74 feet to a point; Thence continuing along the centerline of said creek, N58º21’23”E a distance of 82.19 feet to a point; Thence continuing along the centerline of said creek, N58º18’55”E a distance of 63.70 feet to a point; Thence continuing along the centerline of said creek, N59º25’04”E a distance of 41.08 feet to a point; Thence continuing along the centerline of said creek, N57º05’43”E a distance of 57.60 feet to a point; Thence continuing along the centerline of said creek, N67º22’47”E a distance of 32.29 feet to a point; Thence continuing along the centerline of said creek, N55º12’04”E a distance of 28.68 feet to a point; Thence continuing along the centerline of said creek, N48º45’38”E a distance of 21.74 feet to a ½” diameter x 18” long rebar and cap stamped “BFW KJW #3445” (set), said point being the northeast property corner of Tract 1, said point also being the southeast corner of the Susan Vancil Quinn property (recorded in Deed Book 1296, Page 524), said point also being in the west property line of the Paducah McCracken County Industrial Development Authority property (recorded in Deed Book 897, Page 303); Thence with the east property line of Tract 1 and the west property line of the above said Paducah McCracken County Industrial Development Authority property, S9º26’10”W a distance of 1293.69 feet to a ½” diameter x 18” long rebar and cap stamped “BFW KJW #3445” (set); Thence continuing along the above said property line of Tract 1 and the Paducah McCracken County Industrial Development Authority property, S8º50’08”W a distance of 508.80 feet to a point; Thence with the south property line of Tract 1, N69º06’47”W a distance of 440.38 feet to a point; Thence continuing with the south property line of Tract 1, N22º28’33”E a distance of 252.22 feet to a point; Thence continuing with the south property line of Tract 1, N41º24’16”W a distance of 190.21 feet to a point; Thence continuing with the south property line of Tract 1, N66º47’48”W a distance of 70.00 feet to a point, said point being the southwest corner of Tract 1, said point also being the southeast corner of the Sydney Richele and Zachary O’Hara property (recorded in Deed Book 1380, Page 140); Thence with the west property line of Tract 1 and the east property line of the above said O’Hara property, N22º24’53”E a distance of 170.03 feet to a ½” rebar (found); Thence continuing along the west property line of Tract 1, N22º28’37”E a distance of 956.19 feet to the Point of Beginning. The above described Tract contains 16.387 acres. BEING the same as the Paducah McCracken County Industrial Development Authority property recorded in Deed Book 989, Page 62. The above described tract is not for land title transfer. SECTION 4. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ____________________________________ Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, July 14, 2020 Adopted by the Board of Commissioners, ______________________________ Recorded by Lindsay Parish, City Clerk, _____________________________ Published by the Paducah Sun, ______________________________ \ord\plan\zone\5802 Commerce Drive R-1 to M-1 Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: A Change Order to the Agreement with Jim Smith Contracting, LLC for the 2018-2019 Resurfacing Program to Include Contract Pricing for Pavement Markings - R MURPHY Category: Ordinance Staff Work By: Presentation By: Rick Murphy Background Information: On April 25, 2018, the Board of Commissioners adopted Ordinance No. 2018- 05-8533 authorizing the Mayor to execute a Contract for the City of Paducah's 2018-2019 Resurfacing Program (attached) in substantial compliance with the Bid Specifications as contained in the bid dated April 18, 2018. The Contract executed on April 25, 2018, stipulated the time period being for the remaining portion of the 2018 calendar and for the 2019 calendar year ending December 31, 2019. Additionally, the Contract authorized a one-year option to renew if both parties agreed; and on December 10, 2019, the parties agreed the contract period will now end December 31, 2020. The City recognizes the need for optimal project completion for the Resurfacing Program, and both parties agree to an addendum to the agreement to include the firm contract pricing for pavement markings (attached). Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): I-6: Improve street conditions within the City Funds Available:Account Name: MAP Fund Street Resurfacing & Rehabilitation Account Number: 23002217 542270 Staff Recommendation: Authorize the Mayor to sign the change order to the City of Paducah's 2018-2019 Resurfacing Program Agreement with Jim Smith Contracting, LLC to include Contract Pricing for Pavement Markings. Attachments: 1.Ordinance 2.City of Paducah 2018-2019 Resurfacing Program Contract 3.City of Paducah 2018-2019 Resurfacing Program Contract Change Order ORDINANCE 2020-_____-________ AN ORDINANCE APPROVING CHANGE ORDER NO. 1 WITH JIM SMITH CONTRACTING COMPANY, LLC, IN ORDER TO EXTEND THE CONTRACT AND INCLUDE THE CONTRACT PRICING FOR PAVEMENT MARKINGS WHEREAS, the City Commission approved Ordinance No. 2018-5-8533 on April 25, 2018, to enter into a contract with Jim Smith Contracting Company, LLC, for the City of Paducah’s Resurfacing Program; and WHEREAS, the City Commission now desires to enter into Change Order No. 1 to the contract with Jim Smith Contracting Company, LLC, to extend the Contract to December 31, 2020 and include the Contract Pricing for Pavement Markings. NOW, THEREFORE, BE IT ORDAINED BY BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute Change Order No. 1 with Jim Smith Contracting Company, LLC, to extend the Contract to December 31, 2020 and include Contract Pricing for Pavement Markings for the City of Paducah’s Resurfacing Program as outlined in said Change Order No. 1. SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ Brandi Harless, Mayor ATTEST: ________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners July 14, 2020 Adopted by the Board of Commissioners, _____________________ Recorded by Lindsay Parish, Paducah City Clerk, _____________________ Published by The Paducah Sun, ___________________ \ord\eng\chgord 1-Jim Smith Contracting Resurfacing Program 2020 Agenda Action Form Paducah City Commission Meeting Date: July 14, 2020 Short Title: Approve the Transfer of Municipally Owned Properties Located throughout Paducah to the Joint Sewer Agency - J HODGES Category: Ordinance Staff Work By: James Arndt Presentation By: Background Information: JSA was formed by identical ordinances passed by the City and County in 1999. That ordinance specified that all sanitary sewer facilities were merged into the Agency and under Agency jurisdiction and control. The ordinance further specified that the City and County were to follow up this merger and transfer any real property related to the sanitary facilities by deed to JSA. The County property was successfully transferred by deed, but for some reason the City property transfer was started but not completed. While this has not been an issue related to any funding agency or other entity, JSA is desirous to complete this issue. JSA has developed survey plats and worked with the City Engineer to establish new property lines, if ones were required. The property included in this deed is the Paducah Wastewater Treatment (parcel I), the pump station located at 420 North 3rd Street (parcel II), the pump station located at 2580 Cairo Road (parcel III), the pump station located at 600 Northview Street (parcel IV), an inactive pump station located along Olivet Church Road (parcel V), the site of the former Sanitation District One treatment plant in Lone Oak (parcel VI), and the pump station located at 1201-1207 South 4th Street (parcel VII). Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Approve the Ordinance. Attachments: 1.Ordinance 2.DEED OF CONVEYANCE FROM CITY OF PADUCAH TO JSA - FACILITY TRANSFER (00225698x9D931) 225978 ORDINANCE NO. 2020-_______________ AN ORDINANCE AUTHORIZING AND APPROVING THE TRANSFER OF MUNICIPALLY OWNED REAL PROPERTIES LOCATED THOUGHOUT PADUCAH, MCCRACKEN COUNTY, KENTUCKY, TO THE PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY PURSUANT TO THE PROVISIONS OF CITY ORDINANCE NO. 98-8-5927 ESTABLISHING THE AGENCY WHEREAS, the City of Paducah (“City”) is the present owner of certain real properties located within Paducah, McCracken County, Kentucky, which are utilized, possessed , and controlled by the Paducah-McCracken County Joint Sewer Agency (the “Agency”) in connection with its sanitary sewer system; and WHEREAS, on August 25, 1998, and September 14, 1998, respectively, the legislative bodies of the City of Paducah and McCracken County, Kentucky, adopted identical ordinances, pursuant to KRS 76.231, which established the Paducah-McCracken County Joint Sewer Agency (“Agency”), and as a part of these ordinances the Agency was obligated to assume the control, operation, assets and liabilities of the sewer system of the City, including ownership of the herein-described real property, and the Agency assumed such obligations and began operations on July 1, 1999; and WHEREAS, as a result of an administrative oversight, a deed of conveyance transferring the herein-described real property from City to Agency was never formally executed and delivered in order to properly document the transfer of the herein-described property from City to Agency; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: Section 1. Recitals and Authorizations. The Board of Commissioners hereby approves the transfer of the real properties more particularly described in Exhibit A to theAgency in accordance with the provisions of the City’s establishing Ordinance, Ord. No. 98-8-5927. Further, the Mayor of the City of Paducah, Kentucky, be and is hereby authorized to execute and deliver a general warranty deed of conveyance of these properties , together will all other documentation necessary to effectuate the transfer of the real properties. Section 2. Severability. If any section, paragraph or provision of this Municipal Order shall be held to the invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. Section 5. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ________________________ Mayor Brandi Harless ATTEST: __________________________________ City Clerk, Lindsay Parish Introduced by the Board of Commissioners_____________, 2020 Adopted by the Board of Commissioners ________________, 2020 Recorded by Lindsay Parish, City Clerk, __________________, 2020 Published by The Paducah Sun, _______________, 2020 Ord\jsa prop transfer 2020 EXHIBIT A TO ORDINANCE THE PROPERTIES PARCEL I: Being Tract 2, containing 7.053 acres, and Tract 3, containing 0.229 acres, as set forth on the Waiver of Subdivision for Paducah–McCracken County Joint Sewer Agency and City of Paducah Property, Northview Street, Paducah, McCracken County, Kentucky, recorded in Plat Section M, page 1470, in the McCracken County Court Clerk’s Office. A portion of Tract 2 is the same property conveyed to the City of Paducah, Kentucky, by deeds dated November 22, 1995, of record in Deed Book 841, Page 709, and dated January 19, 1999, of record in Deed Book 907, Page 380 and being part of the same property conveyed to the City of Paducah, Kentucky by deeds dated December 15, 1955, of record in Deed Book 368, Page 478 dated December 31, 1955 of record in Deed Book 371, Page 463 and dated October 16, 1991 of record in Deed Book 760, Page 803. All recordings are of record in the McCracken County Court Clerk’s Office. Tract 3 being the same property conveyed to the City of Paducah, Kentucky by deeds dated November 22, 1995, of record in Deed Book 841, Page 703, dated November 22, 1995, of record in Deed Book 841, Page 706, McCracken County Court Clerk’s Office and City Ordinance Number 77-4-1406. PARCEL II: Being Tract 2, containing 0.067 acres, as set forth on the Waiver of Subdivision for Paducah McCracken County Joint Sewer Agency and the City of Paducah, North 3rd Street, Paducah, McCracken County, Kentucky, of record in Plat Section M, Page 1468 in the McCracken County Court Clerk’s Office. Also conveyed herein is all right, title, and interest in and to the Reciprocal Ingress/Egress Easement established by the aforesaid Plat of record in Plat Section M, Page 1468 in the aforesaid Clerk’s Office. Being the same property conveyed to the City of Paducah, Kentucky, by deed dated March 21, 1956, of record in Deed Book 372, Page 83 and a portion of the same conveyed to the City of Paducah, Kentucky, by deed dated December 23, 1939, of record in Deed Book 200, Page 289 in the aforesaid Clerk’s Office. PARCEL III: Being Tract 1, containing 0.565 acres, as set forth on the Waiver of Subdivision for Paducah McCracken County Joint Sewer Agency and City of Paducah, Lift Station No. 1, Old Cairo Road, Paducah, McCracken County, Kentucky, of record in Plat Section M, Page 1469 in the McCracken County Court Clerk’s Office. Also granted herein is a permanent, perpetual ingress/egress easement over, under and through the easement area as established by and depicted in the aforesaid plat of record in Plat Section M, Page 1469 in the aforesaid Clerk’s Office. Being part of the same property conveyed to the City of Paducah, Kentucky, by deeds dated December 1, 1999, of record in Deed Book 928, Page 599, dated May 17, 1939, of record in Deed Book 200, Page 234, and dated October 7, 1954, of record in Deed Book 362, Page 293 in the aforesaid Clerk’s Office. PARCEL IV: TRACT 1: Beginning 70 feet from the southeast intersection of 6th Street and Terrell Street; thence along the east line of Terrell Street in a southerly direction 45 feet; thence in an eastwardly direction and parallel with 6th Street 275 feet; thence in a northwardly direction and parallel with Terrell Street 45 feet to a stake; thence parallel with 6th Street in a Westward direction 275 feet to the beginning. Being the same property conveyed to City of Paducah, Kentucky, by deed dated December 31, 1955, of record in Deed Book 371, Page 549 in the McCracken County Court Clerk’s Office. TRACT 2: Beginning at the Southeast corner of the intersection of Sixth and Terrell Streets in said city; thence along the Easterly line of Terrell Street in a Southerly direction seventy (70) feet; thence in an Easterly direction and parallel with Sixth Street and towards Flournoy Street two hundred seventy-five (275) feet; thence in a Northerly direction and parallel with Terrell Street, seventy (70) feet to the Southerly line of Sixth Street; thence with the line of North Sixth Street in a Westerly direction two hundred seventy-five (275) feet to the point of beginning. Being the same property conveyed to City of Paducah, Kentucky, by deed dated December 23, 1938, of record in Deed Book 200, Page 149 in the McCracken County Court Clerk’s Office. TRACT 3: Being two-thirds of Lot No. 68, and the part of said Lot lying nearest the river and the same on which Gray formerly lived, except 100 feet hereto-fore sold to Joseph Briggs, and except 50 feet sold to W.A. Buford off of said described land, and the same land sold to William Overstreet by J.W. Eaker by deed recorded in Deed Book 43, Page 402; and being the same property conveyed by Jessie Ballanger, etc; to Thomas Warren and John D. Eubanks on May 31st, 1893; recorded in Deed Book --- Page ---; and being the same property conveyed to Thomas Warren by J.D. Eubanks and his wife, Fannie Eubanks on August 4th, 1894, by deed recorded in Deed Book 49, Page 370, McCracken County Court Clerk’s Office, and inherited by first parties from Thomas Warren, deceased. Being the same property conveyed to City of Paducah, Kentucky, a Municipal Corporation, by deed dated May 27, 1922, of record in Deed Book 139, Page 117 in the McCracken County Court Clerk’s Office. PARCEL V: Beginning at a point in the City’s northwest property corner on the east right-of-way line of Olivet Church Road; thence, North 74° 00’ West a distance of 50 feet, plus or minus, to a point; thence, North 17° 00’ East a distance of 50 feet to a point; thence, South 74° 00’ East a distance of 50 feet, plus or minus, to a point; thence, South 17° 00’ West a distance of 50 feet to the point of beginning. Being the same property conveyed to City of Paducah, Kentucky, by deed dated March 18, 1993, of record in Deed Book 786, Page 540, in the McCracken County Court Clerk’s Office. PARCEL VI: TRACT 1: Beginning at a point on the Northerly property line of the Indian Hills Subdivision, as recorded in Plat Book “G”, Page 1, said beginning point being South 87 degrees 14 minutes West and 364.38 feet from a stone at the Northwest intersection of the said Indian Hills Northerly property line with the Westerly property line of the Friendship Road; thence continuing along the said Northerly property line of Indian Hills Subdivision South 87 degrees 14 minutes West for a distance of 235.0 feet to a point; thence North 2 degrees 45 minutes West for a distance of 257.5 feet to a point in the center of a creek, also the Southerly property line of the Goodman Estate; thence North 87 degrees 50 minutes East with the center of the creek and along the Southerly property line of the Goodman Estate for a distance of 235.0 feet to a point; thence South 2 degrees 45 minutes East for a distance of 255.00 feet to the point of beginning and containing 1.4 acres of land. The owners of the property also convey the right of ingress and egress for the purpose of construction, maintenance, and inspection of the sewer treatment plant and trunk line over and upon the portion of the property located parallel to the Indian Hills Subdivision Northerly line from the North Friendship Road to the above described tract of land. Also conveyed is a 12 foot sewer easement extend from the Northerly property line in the center of the creek and being located 40.9 feet from the center line of Seneca Drive at its intersection with the center line of the North Friendship Road; thence South 32 degrees 49 minutes West for a distance of 40.00 feet to a point; thence South 85 degrees 50 minutes West for a distance of approximately 290 feet to a point in the Easterly property line of the Plant site property. Also another 12 foot easement leading in a Northerly direction from the Northerly property line of the Indian Hills Subdivision and beginning 354.38 feet and South 87 degrees 14 minutes West of the Northeast intersection of the said Indian Hills Subdivision Northerly property line with the Westerly property of the Friendship Road; thence North 12 degrees 45 minutes West for a distance of approximately 63 feet to its intersection with the Easterly property line of the Plant site. The above sewer easements were conveyed to the Sanitation District No. 1 of McCracken County, Kentucky to forever maintain the said sewer, tile or drain over and upon the said property which is owned by Mr. G. W. Mason and Mr. J. M. Knott, including the right to re-construct the said sewer title or drain and to make such repairs as may be necessary to be made from time to time so that it may be forever kept in a workable and efficient condition. In the event of permanent discontinued use of said sewer tile or drain said easements shall become null and void. Being the same property conveyed to the City of Paducah, Kentucky, by deed dated October 20, 1981, and record in Deed Book 641, Page 284, in the McCracken County Court Clerk’s Office. TRACT 2: All right, title, and interest granted to City of Paducah, Kentucky, in and to the easement established in Right of Way Easement dated August 6, 1990, of record in Deed Book 744, Page 702, in the McCracken County Court Clerk’s Office and as depicted on the Revised Subdivision Plat of the Woodlands of Lone Oak of record in Plat Section L, Page 514, in the McCracken County Court Clerk’s Office. PARCEL VII: TRACT 1: Beginning at a point on the west line of South 4th Street 78.67 feet south of Husbands Street; thence westwardly and parallel with Husbands Street 120 feet; thence southwardly and parallel with 4th Street 90 feet; thence eastwardly and parallel with Husbands Street 95 feet to a point 35 feet west of the west line of South 4th Street; thence southwardly and parallel with 4th Street 265 feet, more or less, to Wynn’s north line; thence eastwardly parallel with Husbands street and along Wynn’s north line 35 feet to a point on the west line of South 4th Street; thence northwardly with the west line of South 4th Street 355 feet, more or less, to the point of beginning. Being the same property conveyed to the City of Paducah, Kentucky, by deed dated January 6, 1956, of record in Deed Book 370, Page 199 in the McCracken County Court Clerk’s Office. TRACT 2: Being a part of Lot No. 5, Addition “P”, to the City of Paducah, Kentucky, and lying and being on the West side of South Fourth Street, and beginning at the corner of the lot heretofore conveyed to the City of Paducah by Sallie R. Morrow, a widow; thence with the west line of South Fourth Street 78 feet and 8 inches; thence at right angles and in a westerly direction and to the line of South Fifth Street, 173 feet 3 inches; thence at right angles and with the east line of Fifth Street 78 feet and 8 inches to the line of a lot sold to the City of Paducah, Kentucky, by Sallie R. Morrow, a widow; thence at right angles and with the line of the aforesaid lot 173 feet 3 inches to the point of beginning. Being the same property conveyed to the City of Paducah, Kentucky, a municipal corporation, by deed dated September 21, 1995, of record in Deed Book 839, Page 198 in the McCracken County Court Clerk’s Office. 1 225698 DEED OF CONVEYANCE THIS DEED made and entered into this the ____day of _________, 2020, by and between CITY OF PADUCAH, KENTUCKY, a body politic and incorporate, whose mailing address is Post Office Box 2267 Paducah, Kentucky, 42002-2267, Grantor, and PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY, a Kentucky governmental agency, whose mailing address is 621 Northview, Paducah, Kentucky 42001, Grantee; W I T N E S S E T H : WHEREAS, on August 25, 1998, and September 14, 1998, respectively, the legislative bodies of the City of Paducah and McCracken County, Kentucky, adopted identical ordinances, pursuant to KRS 76.231, which established the Paducah-McCracken County Joint Sewer Agency (“Grantee”), and as a part of these ordinances the Grantee was obligated to assume the control, operation, assets and liabilities of the sewer system of the Grantor, including ownership of the herein-described real property, and the Grantee assumed such obligations and began operations on July 1, 1999; and WHEREAS, as a result of an administrative oversight, a deed of conveyance transferring the herein-described real property from Grantor to Grantee was never formally executed and delivered in order to properly document the transfer of the herein-described property from Grantor to Grantee; and 2 WHEREAS, Grantor and Grantee now wish to memorialize the past transfer with the execution and delivery of this deed of conveyance and to fully complete Grantor’s legal obligation to transfer record title in fee in and to the herein-described property to Grantee. NOW, THEREFORE, IN CONSIDERATION of the foregoing premises and the assumption of all obligations and liabilities as well as operation of Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor sold and does by these presents grant, bargain, sell, alien and convey unto Grantee, its successors and assigns forever, together with all the improvements, appurtenances and rights thereunto belonging, the following described property, lying and being in McCracken County, Kentucky, and more particularly described as follows: PARCEL I: Being Tract 2, containing 7.053 acres, and Tract 3, containing 0.229 acres, as set forth on the Waiver of Subdivision for Paducah–McCracken County Joint Sewer Agency and City of Paducah Property, Northview Street, Paducah, McCracken County, Kentucky, recorded in Plat Section M, page 1470, in the McCracken County Court Clerk’s Office. A portion of Tract 2 is the same property conveyed to the City of Paducah, Kentucky, by deeds dated November 22, 1995, of record in Deed Book 841, Page 709, and dated January 19, 1999, of record in Deed Book 907, Page 380 and being part of the same property conveyed to the City of Paducah, Kentucky by deeds dated December 15, 1955, of record in Deed Book 368, Page 478 dated December 31, 1955 of record in Deed Book 371, Page 463 and dated October 16, 1991 of record in Deed Book 760, Page 803. All recordings are of record in the McCracken County Court Clerk’s Office. Tract 3 being the same property conveyed to the City of Paducah, Kentucky by deeds dated November 22, 1995, of record in Deed Book 841, Page 703, dated November 22, 1995, of record in Deed Book 841, Page 706, McCracken County Court Clerk’s Office and City Ordinance Number 77-4-1406. PARCEL II: Being Tract 2, containing 0.067 acres, as set forth on the Waiver of Subdivision for Paducah McCracken County Joint Sewer Agency and the City of Paducah, North 3rd Street, Paducah, McCracken County, Kentucky, of record in Plat Section M, Page 1468 in the McCracken County Court Clerk’s Office. Also conveyed herein is all right, title, and interest in and to the Reciprocal Ingress/Egress Easement established by the aforesaid Plat of record in Plat Section M, Page 1468 in the aforesaid Clerk’s Office. 3 Being the same property conveyed to the City of Paducah, Kentucky, by deed dated March 21, 1956, of record in Deed Book 372, Page 83 and a portion of the same conveyed to the City of Paducah, Kentucky, by deed dated December 23, 1939, of record in Deed Book 200, Page 289 in the aforesaid Clerk’s Office. PARCEL III: Being Tract 1, containing 0.565 acres, as set forth on the Waiver of Subdivision for Paducah McCracken County Joint Sewer Agency and City of Paducah, Lift Station No. 1, Old Cairo Road, Paducah, McCracken County, Kentucky, of record in Plat Section M, Page 1469 in the McCracken County Court Clerk’s Office. Also granted herein is a permanent, perpetual ingress/egress easement over, under and through the easement area as established by and depicted in the aforesaid plat of record in Plat Section M, Page 1469 in the aforesaid Clerk’s Office. Being part of the same property conveyed to the City of Paducah, Kentucky, by deeds dated December 1, 1999, of record in Deed Book 928, Page 599, dated May 17, 1939, of record in Deed Book 200, Page 234, and dated October 7, 1954, of record in Deed Book 362, Page 293 in the aforesaid Clerk’s Office. PARCEL IV: TRACT 1: Beginning 70 feet from the southeast intersection of 6th Street and Terrell Street; thence along the east line of Terrell Street in a southerly direction 45 feet; thence in an eastwardly direction and parallel with 6th Street 275 feet; thence in a northwardly direction and parallel with Terrell Street 45 feet to a stake; thence parallel with 6th Street in a Westward direction 275 feet to the beginning. Being the same property conveyed to City of Paducah, Kentucky, by deed dated December 31, 1955, of record in Deed Book 371, Page 549 in the McCracken County Court Clerk’s Office. TRACT 2: Beginning at the Southeast corner of the intersection of Sixth and Terrell Streets in said city; thence along the Easterly line of Terrell Street in a Southerly direction seventy (70) feet; thence in an Easterly direction and parallel with Sixth Street and towards Flournoy Street two hundred seventy-five (275) feet; thence in a Northerly direction and parallel with Terrell Street, seventy (70) feet to the Southerly line of Sixth Street; thence with the line of North Sixth Street in a Westerly direction two hundred seventy-five (275) feet to the point of beginning. Being the same property conveyed to City of Paducah, Kentucky, by deed dated December 23, 1938, of record in Deed Book 200, Page 149 in the McCracken County Court Clerk’s Office. 4 TRACT 3: Being two-thirds of Lot No. 68, and the part of said Lot lying nearest the river and the same on which Gray formerly lived, except 100 feet hereto-fore sold to Joseph Briggs, and except 50 feet sold to W.A. Buford off of said described land, and the same land sold to William Overstreet by J.W. Eaker by deed recorded in Deed Book 43, Page 402; and being the same property conveyed by Jessie Ballanger, etc; to Thomas Warren and John D. Eubanks on May 31st, 1893; recorded in Deed Book --- Page ---; and being the same property conveyed to Thomas Warren by J.D. Eubanks and his wife, Fannie Eubanks on August 4th, 1894, by deed recorded in Deed Book 49, Page 370, McCracken County Court Clerk’s Office, and inherited by first parties from Thomas Warren, deceased. Being the same property conveyed to City of Paducah, Kentucky, a Municipal Corporation, by deed dated May 27, 1922, of record in Deed Book 139, Page 117 in the McCracken County Court Clerk’s Office. PARCEL V: Beginning at a point in the Grantor’s northwest property corner on the east right-of-way line of Olivet Church Road; thence, North 74° 00’ West a distance of 50 feet, plus or minus, to a point; thence, North 17° 00’ East a distance of 50 feet to a point; thence, South 74° 00’ East a distance of 50 feet, plus or minus, to a point; thence, South 17° 00’ West a distance of 50 feet to the point of beginning. Being the same property conveyed to City of Paducah, Kentucky, by deed dated March 18, 1993, of record in Deed Book 786, Page 540, in the McCracken County Court Clerk’s Office. PARCEL VI: TRACT 1: Beginning at a point on the Northerly property line of the Indian Hills Subdivision, as recorded in Plat Book “G”, Page 1, said beginning point being South 87 degrees 14 minutes West and 364.38 feet from a stone at the Northwest intersection of the said Indian Hills Northerly property line with the Westerly property line of the Friendship Road; thence continuing along the said Northerly property line of Indian Hills Subdivision South 87 degrees 14 minutes West for a distance of 235.0 feet to a point; thence North 2 degrees 45 minutes West for a distance of 257.5 feet to a point in the center of a creek, also the Southerly property line of the Goodman Estate; thence North 87 degrees 50 minutes East with the center of the creek and along the Southerly property line of the Goodman Estate for a distance of 235.0 feet to a point; thence South 2 degrees 45 minutes East for a distance of 255.00 feet to the point of beginning and containing 1.4 acres of land. The owners of the property also convey the right of ingress and egress for the purpose of construction, maintenance, and inspection of the sewer treatment plant and trunk line over and upon the portion of the property located parallel to the Indian Hills Subdivision Northerly line from the North Friendship Road to the above described tract of land. Also conveyed is a 12 foot sewer easement extend from the Northerly property line in the center of the creek and being located 40.9 feet from the center line of Seneca Drive at its intersection with the center line of the North Friendship Road; thence South 32 degrees 49 minutes West for a distance of 40.00 feet to a point; thence South 85 degrees 50 minutes West for a distance of approximately 290 feet to a point in the Easterly property line of the 5 Plant site property. Also another 12 foot easement leading in a Northerly direction from the Northerly property line of the Indian Hills Subdivision and beginning 354.38 feet and South 87 degrees 14 minutes West of the Northeast intersection of the said Indian Hills Subdivision Northerly property line with the Westerly property of the Friendship Road; thence North 12 degrees 45 minutes West for a distance of approximately 63 feet to its intersection with the Easterly property line of the Plant site. The above sewer easements were conveyed to the Sanitation District No. 1 of McCracken County, Kentucky to forever maintain the said sewer, tile or drain over and upon the said property which is owned by Mr. G. W. Mason and Mr. J. M. Knott, including the right to re-construct the said sewer title or drain and to make such repairs as may be necessary to be made from time to time so that it may be forever kept in a workable and efficient condition. In the event of permanent discontinued use of said sewer tile or drain said easements shall become null and void. Being the same property conveyed to the City of Paducah, Kentucky, by deed dated October 20, 1981, and record in Deed Book 641, Page 284, in the McCracken County Court Clerk’s Office. TRACT 2: All right, title, and interest granted to City of Paducah, Kentucky, in and to the easement established in Right of Way Easement dated August 6, 1990, of record in Deed Book 744, Page 702, in the McCracken County Court Clerk’s Office and as depicted on the Revised Subdivision Plat of the Woodlands of Lone Oak of record in Plat Section L, Page 514, in the McCracken County Court Clerk’s Office. PARCEL VII: TRACT 1: Beginning at a point on the west line of South 4th Street 78.67 feet south of Husbands Street; thence westwardly and parallel with Husbands Street 120 feet; thence southwardly and parallel with 4th Street 90 feet; thence eastwardly and parallel with Husbands Street 95 feet to a point 35 feet west of the west line of South 4th Street; thence southwardly and parallel with 4th Street 265 feet, more or less, to Wynn’s north line; thence eastwardly parallel with Husbands street and along Wynn’s north line 35 feet to a point on the west line of South 4th Street; thence northwardly with the west line of South 4th Street 355 feet, more or less, to the point of beginning. Being the same property conveyed to the City of Paducah, Kentucky, by deed dated January 6, 1956, of record in Deed Book 370, Page 199 in the McCracken County Court Clerk’s Office. TRACT 2: Being a part of Lot No. 5, Addition “P”, to the City of Paducah, Kentucky, and lying and being on the West side of South Fourth Street, and beginning at the corner of the lot heretofore conveyed to the City of Paducah by Sallie R. Morrow, a widow; thence with the west line of South Fourth Street 78 feet and 8 inches; thence at right angles and in a westerly direction and to the line of South Fifth Street, 173 feet 3 inches; thence at right angles and with the east line of Fifth Street 78 feet and 8 inches to the line of a lot sold to the City of Paducah, Kentucky, by Sallie R. Morrow, a widow; thence at right angles and with the line of the aforesaid lot 173 feet 3 inches to the point of beginning. 6 Being the same property conveyed to the City of Paducah, Kentucky, a municipal corporation, by deed dated September 21, 1995, of record in Deed Book 839, Page 198 in the McCracken County Court Clerk’s Office. TO HAVE AND TO HOLD the same, together with all improvements thereon and all rights and appurtenances thereunto pertaining unto Grantee, its successors and assigns forever, with Covenant of General Warranty, except easements, covenants and restrictions of record. Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the consideration recited herein is the full actual consideration paid or to be paid for the property transferred hereby and that the estimated fair market value of the property hereby transferred is $26,402,500.00. The Grantee joins this deed for the sole purpose of certifying the consideration. This transfer is exempt from real estate transfer tax pursuant to KRS 142.050(7)(b). The effective date of this deed of conveyance shall be July 1, 1999. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands. CITY OF PADUCAH, KENTUCKY PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY By:______________________________ By:________________________________ Mayor, Brandi Harless John Hodges, Executive Director STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of ________________, 2020, by Mayor Brandi Harless for and on behalf of the City of Paducah, Kentucky, Grantor. My commission expires______________________. NOTARY PUBLIC, STATE AT LARGE NOTARY ID_________________________ 7 STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of ________________, 2020, by John Hodges, Executive Director of Paducah-McCracken County Joint Sewer Agency, on behalf of said agency, Grantee. My commission expires _________________________. NOTARY PUBLIC, STATE AT LARGE NOTARY ID_________________________ This instrument prepared by: _______________________________ LISA H. EMMONS DENTON LAW FIRM, PLLC P. O. Box 969 Paducah, KY 42002-0969 Send current year tax bill, if any to: Paducah McCracken Joint Sewer Agency 621 Northview Street Paducah, Kentucky 42001