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CCMPacket2013-07-23
ROLL CALL CITY COMMISSION MEET NIG AGENDA FOR JULY 23, 2013 5:30 P.M. INVOCATION — Father Uwem Enoh, St. Francis DeSales Church PLEDGE OF ALLEGIANCE — Morgan Guess ADDITIONSIDELETIONS I. \MINUTES II. RESOLUTION A. City -County Joint Resolution Regarding Closure of Paducah Gaseous Diffusion Plant III. APPOINTMENTS A. Municipal Housing Commission IV. MUNICIPAL ORDERS A. Personnel Changes B. Transfer Real Property to Urban Renewal — S. ERVIN C. (CDBG) Recovery Center: Adoption of Residential Anti - Displacement and Relocation Assistance Plan, and Procurement Code D. 2013/2014 Kentucky Governor's Highway Safety Program ORDINANCES — ADOPTION A. Zone Change for Pecan Drive — S. ERVIN B. Noble Park Pool Engineering Change Order #L —M. THOMPSON C. Noble Parte Pool Concession Change Order #t — VI. T110,11PSON D. 2013/2014 Household Hazardous Waste Grant Award — S. ERVIN ORDINANCES — INTRODUCTION A. Management Agreement between the City and Joint Sewer Agency for Information Technology Services --G. MUELLER B. Create Roof Stabilization Program— S. ERVIN C. Purchase of Police Interceptor Vehicles for use by the Police Department — R. MURPHY D. Purchase Rollout Containers — R, MURPHY E. Carson Center Contract for Services — CITY MGR PEDERSON F. Approval for Construction Agreement for TeleTech — CITY MGR PEDERSON IV. CITY MANAGER REPORT V. COMMISSIONER COW IENTS VI. PUBLIC COMMENTS VTI. EXECUTIVE SESSION Agenda Action Form Paducah City Commission Meeting Date: July 16, 2013 Short Title: Joint Resolution — Closure of the Department of Energy Paducah Gaseous Diffusion Plant ❑Ordinance ❑ Emergency ❑ Municipal Order ® Resolution ❑ Motion Staff Work By: Charlie Martin, PED Presentation By: Jeff Pederson, City Manager Background Information: The U.S. Govermnent's Department of Energy owns and has operated the Paducah Gaseous Diffusion Plant in McCracken County for sixty-two years. On May 24, 2013, DOE made a decision resulting in the impending closure of the plant. The closure of this plant will not only adversely affect the lives of the 1,000± workers who will be displaced by the plant closure, but also the economy of Paducah/McCracken County. Both the Paducah City Commission and the McCracken Fiscal Court, through a Joint Resolution, demand that DOE take immediate action to implement cleanup strategies and allow the community to be included in determining the fate of the Paducah Gaseous Diffusion Plant. Goal: ®Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Staff Recommendation: That the City Commission enter into the Joint Resolution regarding the closure of the Paducah Gaseous Diffusion Plant Attachments: Joint Resolution Department Head City Clerk City Manager Joint Resolution A RESOLUTION OF THE MCCRACKEN COUNTY FISCAL COURT AND THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH CLOSURE OF THE DEPARTMENT OF ENERGY PADUCAH GASEOUS DIFFUSION PLANT - A CALL TO ACTION WHEREAS: The United States Government's Department of Energy owns and has operated for 62 years the Paducah Gaseous Diffusion Plant located in Northwest McCracken County, near Paducah, Kentucky. WHEREAS: Our community has unequivocally supported the operation of this key component of our nation's energy and national security apparatus during that period, at significant social and human sacrifice. WHEREAS: On May 24, 2013, suddenly and without explanation the Department of Energy made a decision resulting in the impending closure of the Paducah Gaseous Diffusion Plant, which action by itself has dire economic and social consequences for our community with the loss of at least 1,100 jobs. WHEREAS: The Department of Energy has before it proposals by private companies that would utilize assets at the plant site to create economic opportunity immediately and over the long term, specifically the Global Laser Enrichment proposal. WHEREAS: The community understands the Department of Energy plan (to the extent one exists) for the site is to transition from operation to a containment state, delaying Decontamination and Decommissioning of the site until at least 2034 — locking the gate and watching it rust — thus letting our children and grandchildren deal with the nuclear waste dump this action wN create. WHEREAS; The Department of Energy at our sister communities with decommissioned gaseous diffusion plants — Oak Ridge, Tennessee and Portsmouth, Ohio — has treated the local community and workforce far differently from the Department's plan for Paducah. WHEREAS: Our Kentucky Congressional Delegation and the Governor have urged the Department of Energy Secretary Ernest Moniz to implement a long term economic developrnent and immediate cleanup plan for Paducah that preserves jobs, addresses environmental issues, and treats our community equitably to our sister sites. WHEREAS: The Secretary of Energy Ernest Moniz has publically testified before Congress on lune 7, 2013, that he supports the objectives proposed by the Congressional Delegation, the Governor, and our community. WHEREAS: Despite repeated promises from the Department of Energy, the community sees no action to implement these recommendations but instead sees significant effort by the Department of Energy to delay meaningful cleanup activities and further delay decision on the proposals before it; and WHEREAS, The Community will not accept continued inaction from the Department of Energy or the Department's proposed abandonment of its obligations at the site. NOW, THEREFORE: The City Commission of Paducah and the McCracken County Fiscal Court, together with the United Steel Workers Local 550, the Paducah Area Chamber of Commerce, and Paducah Economic Development demand the Department of Energy to immediately do the following: Act on proposals submitted in the Department's Expression of Interest process, specifically the Global Laser Enrichment proposal for Paducah. Implement cleanup strategies for Paducah allowing for USEC employees to transfer to Department of Energy contractors as they are laid off and fully fund cleanup activities at Paducah on a continuing and equitable basis. Allow the community to become a full and open partner in determining the fate of the Paducah Gaseous Diffusion Plant with the Department of Energy. McCracken Count% Judge Executive Mavor. City of Paducah Date Date BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION ❑ Appointment S( Reappointment �� 4 ❑ Joint Appointment NAME: f ] hOA1� ❑Joint Reappointment NAME OF BOARD OR COMMISSION: PLUYL DATE TO BE PLACED OrN AGENDA: 00 3 EXPIRATION OF TERM DATE:s o Qa iO4 APPOINTEE'S HOME ADDRESS: Street: cJ iC A_ j uy\, - City/Zip:�W t Phone: 9 `� `i _ G (65 3 Email Address: --.�Vk-aA`QL U—n,\c , U Appointee's Business Name: Address: City/Zip: Phone: ❑ Thank you ❑ Resigned ❑ Term Expired ❑ Other (explain) TO REPLACE ON BOARD: ADDRESS: City/zip: Appointee Confirmation: Date: Board of Commission Approval: By: Original to: Tammara S. Sanderson, City Clerk BOARD CRAIRNIAN: Cc: file CITY OF PADUCAH July 23, 2013 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. Date EPW Broady, Stu PARKS SERVICES Paschall, Sam L. EPW Banks, Jr. Horace G Coley, Larry D. PARKS SERVICES Walker, Micah CITY OF PADUCAH PERSONNEL ACTIONS July 23, 2013 PAYROLL ADJUSTMENTSITRANSFERSIPROMOTIONS[TEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY ROW Maintenance Person Laborer NCS Non -Ex July 11, 2013 $16.07/H r $15.98/H r Head Lifeguard $8.25/Hr Lifeguard $8.00/Hr TERMINATIONS - FULL-TIME (FIT) POSITION REASON ROW Maintenance Person Resignation EPWSupervisor- Streets Retirement Recreation Specialist Resignation TERMINATIONS - PART-TIME fPITI/TEMPORARYISEASONAL NCS Non -Ex July 8,2013 EFFECTIVE DATE July 10, 2013 August 1, 2013 July 16, 2013 INIyy3NIVI:4H91A July 10, 2013 July 11, 2013 July 16, 2013 July 16, 2013 POSITION REASON PARKS SERVICES LeMaster, Madison L. Pool Attendant Seasonal / Temporary Connell, Lawson W. Recreation Leader Seasonal / Temporary Miller, Keegan R. Pool Manager Seasonal / Temporary Wyatt, Seth L. Lifeguard Seasonal / Temporary NCS Non -Ex July 8,2013 EFFECTIVE DATE July 10, 2013 August 1, 2013 July 16, 2013 INIyy3NIVI:4H91A July 10, 2013 July 11, 2013 July 16, 2013 July 16, 2013 Short Title: Paducah to (URCDA) Agenda Action Form Paducah City Commission Meeting Date: July 23, 2013 Transfer of 505 Fountain Avenue from the City of Urban Renewal and Community Development Agency ❑ Ordinance ❑ Emergency ®lvtunicipal Order ❑ Resolution ❑ Motion Staff Work By: Steve Ervin Presentation By: Steve Ervin Background Information: The property located at 505 Fountain Avenue was acquired by the City of Paducah by Commissioners Deed recorded on the 27`h day of June, 2013. This property is located within the Fountain Avenue Revitalization Area. Approval of this order would authorize the Mayor to sign all documents necessary to transfer the property to Urban Renewal and Community Development Agency for the intended use of neighborhood revitalization. Goal: []Strong Economy® Quality Services® Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: NIA Account Number: NIA Finance Attachments: None Department Head City Clerk City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING THE 'TRANSFER OF REAL PROPERTY LOCATED AT 505 FOUNTAIN AVENUE TO TILE URBAN RENEWAL AND COMNIUNITY DEVELOPMENT AGENCY OF PADUCAH, KENTUCKY WHEREAS. pursuant to 2-668 of the Code of Ordinances of the City of Paducah, Kentucky. a written determination has been made by the City Manager that the City does not have any use at this time or in the future for property located at 505 Fountain Avenue, which, therefore, constitutes surplus real estate. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION I. The City of Paducah hereby approves the transfer of real property located at 505 Fountain Avenue to the Urban Renewal and Conmwnity Development Agency. SECTION 2. The Mayor is hereby authorized to execute a deed for the transfer of real property authorized in Section I above to the Agency. SECTION 3. This Order shall be in full force andeffect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, July 23, 2013 Recorded by Tatnmara S- Sanderson, City Clerk, July 23. 2013 Motprop a'atufer to Urban RenesralS05 Fountain Ase Agenda Action Form Paducah City Commission Meeting Date: July 23, 2013 Short Title: (CDBG) Recovery Center: Adoption of Residential Anti -Displacement and Relocation Assistance Plan, and Procurement Code ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Cheryl Meadows Presentation By: Steve Ervin Background Information: CDBG: Recovery Center Program, administered by the Kentucky Department for Local Govenunent (DLG), is a program that funds residential recovery services to individual who suffer with substance abuse. On June 11, 2013 the City of Paducah, as award recipient, Four Rivers Behavioral Health, as sub-awardee and Department of Local Government, as grantor, entered into an agreement in the amount of $250,000 for public services on May 28, 2013 through Ordinance No. 2013-6-8039. As the Awardee and Administrator of CDBG: Recovery Center Award, the City of Paducah must adopt a Residential Anti -Displacement and Relocation Assistance Plan, and Procurement Code. These procedures must be followed as it pertains to the project. It is the Planning Department's request to adopt the City's existing Residential Anti -Displacement and Relocation Assistance Plan, and Procurement Code for the CDBG: Recovery Center Program. See attachment. If the Commission desires to proceed with the adoption of the plans as a CDBG Recovery Program requirement, it must authorize and direct Mayor and/or Mayor's designee to sign the adoption. Goal: ❑ Strong Economy ® Quality Services ® Vital Neighborhoods ❑ Restored Downtowns Funds Available Account Name: Account Number: Project Number: CFDA Number: Staff Recommendation: Approval Attachments: Department Head City Clerk City Manager Finance City of Paducah HOME/ Community Development Block Grant Residential Antidisplacement & Relocation Assistance Plan April 15, 1993 Revised July 25, 1995 Revised January 23, 1996 1 RESIDENTIAL ANTIDISPLACEMENT The HOME Program, authorized by the HOME Investment Partnerships Act and enacted as Title II of the National Affordable Housing Act and the Kentucky Community Development Block Grant Program, requires the Commonwealth of Kentucky, Kentucky Housing Corporation (KHC) and recipients (The City of Paducah) to replace all occupied and vacant occupiable low-income dwelling units demolished or converted to a use other than as low- income housing where demolition or conversion is a direct result of activities and assisted with HOME and CDBG funds under section 104(d) of the Housing and Community Development Act of 1974, as amended. ONE-FOR-ONE REPLACEMENT HOUSING UNDER SECTION 104(d) The City of Paducah shall require one -for -ane replacement units for all occupied and vacant occupiable low- and moderate -income dwelling units that are demolished or converted to a use other than as low- and moderate -income dwelling units as a direct result of an activity assisted under HOME and CDBG by the recipient with low- and moderate -income dwelling units. Replacement low- and moderate -income dwelling units may include public housing or existing housing receiving Section 8 project -based assistance under the United States Housing Act of 1937. The replacement low- and moderate -income dwelling units must be provided within three years of the commencement of the demolition or rehabilitation related to the conversion and must meet the following requirements: 1. The units must be located within the City of Paducah's jurisdiction. 2. The units must be sufficient in number and size to house at least the number of occupants that could have been housed in the units that are demolished or converted. The number of occupants that may be housed in units shall be determined in accordance with local housing occupancy codes. 3. The units must be provided in standard condition. Replacement and low- and moderate -income dwelling units may include units that have been raised to standard from substandard condition. 4. The units must be designed to remain tow- and moderate -income dwelling units for at least 10 years from the date of initial occupancy. 2 REQUIREMENTS TO MINIMIZE DISPLACEMENT Before the City of Paducah obligates or expends funds that will directly result In such demolition of low- and moderate -income or conversion of low- and moderate -income housing to another use, the City will make public and submit to KHC and DLG the following information in writing: 1. A description of the proposed activity. 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low-income dwelling units as a direct result of the assisted activity. 3. A time schedule for the commencement and completion of the demolition or conversion. 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units. 5. The source of funding and a time schedule for the provision of replacement dwelling units. 6. The basis for concluding that each replacement dwelling unit will remain a low-income dwelling unit for at least 10 years from the date of initial occupancy. Consistent with the other goals and objectives of the HOME and CDBG programs, the City shall ensure that it has taken all reasonable steps to minimize displacement (direct or indirect) that occurs as a result of a project assisted with these funds. Whenever possible, the City of Paducah will assure that residential occupants of buildings to be rehabilitated are offered an opportunity to return to the building. To the extent feasible, residential tenants of dwellings to be rehabilitated shall be provided a reasonable opportunity to lease and occupy a suitable, decent, safe, sanitary and affordable dwelling in the building upon completion of the project. To the extent feasible, homeowners of dwellings to be rehabilitated shall be provided a reasonable opportunity to occupy the dwelling during rehabilitation as long as the nature of construction does not cause unnecessary burden and undue hardship on the homeowners. The family shall receive temporary relocation benefits if rehabilitation causes the family to vacate for the above-mentioned reason. The City of Paducah will attempt rehablitation projects to include "staging" project activities to minimize displacement. Also, the City of Paducah shall follow notification and advisory services procedures carefully to assure that families do not leave because they are not informed about plans for the 3 project or their rights. The City of Paducah adopts this Antidisplacement and Relocation Assistance Plan available to the public that describes the relocation assistance that it has elected to furnish and provides for equal relocation assistance within each class of displaced persons. RELOCATION ASSISTANCE UNDER SECTION 104(d) The City of Paducah will provide relocation assistance under section 104(d), as described in CFR 24 570.606(b), 2(i), to each low- and moderate - income household permanently displaced by the demolition of housing or by the conversion of a low- and moderate -income dwelling to another use as a direct result of HOME assisted activities. Section 104(d) levels of relocation benefits vary from the Uniform Relocation Act benefits in that only owner -income families are eligible for assistance. DEFINITION OF A DISPLACED PERSON UNDER URA Any person (family, individual, business, farm or nonprofit organization) who moves personal property permanently from the real property as a direct result of rehabilitation, demolition or acquisition for a project assisted with HOME and CDBG funds is a displaced person. The term "displaced person' includes but may not be limited to: 1. A person who moves permanently from the real property after receiving a notice from the property owner that requires such move, if the move occurs on or after: (a) The date of the submission of an application to KHC and DLG, if the applicant has site control and the project is later approved: or (b) The date that KHC and DLG approves the applicable site, if the applicant does not have site control at the time of the application. 2. Any person, including a person who moves before the date described in 1(a) or (b), if HUD, KHC or DLG determines that the displacement directly resulted from acquisition, rehabilitation or demolition for the HOME/ CDBG-assisted project. 3. A tenant or occupant of a dwelling who moves permanently from the building or complex after execution of the agreement covering the rehabilitation or acquisition, if the move occurs before the tenant is provided written notice offering him or her the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building or complex under reasonable terms and conditions upon completion of the rehabilitation. These conditions shall include a term of 4 at least one year at a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (a) The tenant's monthly rent before the agreement and estimated average monthly utility costs: or (b) The total tenant payment (TTP) if the tenant is low-income, or 30 percent of gross income if the tenant is not low-income. 4. A tenant or occupant of a dwelling who is required to relocate temporarily for the project but does not return to the building or complex, if either: (a) The tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation (including the cost of moving to and from the temporarily occupied unit and any increased housing costs): or (b) Other conditions of the temporary relocation are not reasonable. 5. A tenant or occupant of a dwelling who moves from the building or complex permanently after he or she has been required to move to another unit in the building or complex, if either: (a) The tenant is not offered reimbursement for all reasonable out-of- pocket expenses incurred in connection with the move: or (b) Other conditions of the move are not reasonable. DEFINITION OF PROJECT UNDER URA The acquisition of real property and the displacement of any person as a direct result of acquisition, rehabilitation or demolition for a HOME/CDBG- assisted project is subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. As defined in 24 CFR 92.2, the term "project" means a site or an entire building (including a manufactured housing unit), two or more buildings together with the site or sites on which the building or buildings is located, that are under common ownership, management and financing and are to be assisted with these funds, under a commitment by the owner, as a single undertaking under these programs. Project Includes all the activities associates with the site and building. If there is more than one site associated with a project, the sites must be within a four -block area. For example, a contract is executed covering the rehabilitation of a 12 -unit multifamily building. HOME or CDBG funds are used to pay part of the cost of the rehabilitation of five units to be occupied by low-income families. Nonfederal funds are used to finance the rehabilitation of the other seven units. The assisted "project' is the rehabilitation of the tel` building(all 12 units). A person i an one of the 12 units is ) P displaced from y protected by the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. DECENT, SAFE AND SANI'T'ARY DWELLING UDDER URA AND SECTION 104(d) 1. Basic Definition (49 CFR 24.2[f). The term "decent, safe and sanitary dwelling" means a dwelling that meets to the following standards and any other housing and occupancy codes that are applicable. It shall: (a) Be structurally sound, weather -tight and in good repair. (b) , Contain a safe electrical wiring systm adequate for lighting and other devices. (c) Contain a safe heating system capable of sustaining a healthful temperature for the displaced person except in those areas where local climatic conditions do not require such a system. (d) Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person. There shall be a separate, well -lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub or shower stall and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. In the case of a housekeeping dwelling, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator. (e) Contain unobstructed egress to safe, open space at ground level. If the replacement dwelling unit is on the second story or above with access directly from or through a common corridor, the common corridor must have at least two means of egress. (f) For a person who is mobility -impaired, be free of any barriers that would preclude reasonable ingress, egress or use of the dwelling by such person. This requirement will be met if the dwelling unit meets pertinent standards as prescribed by the American National Standards Institute, Inc. (ANSI Al 17,1) or the Uniform Federal Accessibility Standards WAS). This requirement will also be satisfied if the displaced person elects to relocate to a dwelling that he or she selects (a dwelling not offered by the HOME recipient) C: and the displaced person determines that he or she has reasonable ingress, egress and use of the dwelling, (g) Comply with the lead-based paint requirements of 24 CFR Part 35. 2. Assisted Housing Quality Standards (HCS), A dwelling occupied with assistance under Section 8 of the United St2tes Housing Act of 1937, as amended, which has been determined to meet the Section 8 HQS at 24 CFR 882.109, shall be deemed to be in compliance with the standards in paragraph 1. The City of Paducah will ensure each dwelling for which a relocation payment is paid (temporary and permanent) is "decent, safe and sanitary". The City does not have to ensure "decent, safe and sanitary" for relatives' or friends' units when utilizing the units for temporary relocation dwellings, unless the H0ME jCDBG family receives a relocation payment (temporary). The City must also ensure hotels are "decent, safe and sanitary" when utilizing the rooms for temporary relocation dwellings even though the hotel industry has an inspection mechanism for providing decent shelter. If as individual relocates into a substandard unit, the City will not make any payment on the unit until the unit is in compliance with the minimum code. TEMPORARY RELOCATION ASSISTANCE The homeowner/ tenant should be temporarily relocated if continued occupancy of the dwelling unit constitutes a substantial danger to the health or safety of the person or the public, and/or if the nature of the construction creates an undue burden or unnecessary hardship on the family. if the homeowner/tenant must vacate the unit, the City o` Paducah will reimburse the family for all reasonable out-of-pocket and increased housing costs. In the event of reconstruction, or substantial rehabilitation that will require the home to be without utilities for an extended period of time, the homeowner/ tenant will be asked to find a suitable place to temporarily stay. The City of Paducah will provide storage for furnishings and other belongings during the relocation period. The City of Paducah will encourage the homeowner/ tenant to stay with relatives or friends. if the family is unable to stay with relatives or friends for all or a portion of the relocation time, the City shall refer the family to a local, moderately priced hotel. Hotel accommodations should not exceed a one- month period, unless the family certifies to the City that extended hotel accommodations (over one month) are sufficient to meet the family's housing needs. if the nature of the construction requires the family to vacate for a period exceeding one month and the homeowner/tenant cannot stay with relatives and friends, the City will attempt to provide the temporary housing through the Paducah Housing Authority. If accommodations are not available through the PHA, the City will attempt to find the family one comparable replacement dwelling and provide applicable advisory services for the temporary move. The comparable replacement dwelling must be decent, safe, sanitary and functionally equivalent to the displacement dwelling. The City will reimburse the family for actual, reasonable out-of-pocket costs and increased housing costs associated with comparable replacement dwellings or hotel accommodations. Relatives and friends may charge the homeowner -tenant rent for providing shelter to the homeowner/ tenant. However, the rent must be reasonable and should not exceed one-half the fair market rent for the unit and the unit must quality standards cited previously. APPLICABLE ADVISORY SERVICES FOR TEMPORARY MOVES Appropriate advisory services include reasonable advance written notice of the following information: 1. The date and approximate duration of the temporary relocation 2. The suitable, decent, safe and sanitary housing to be made available for the temporary period; 3. The terms and conditions under which the tenant may lease and occupy a suitable, decent, safe and sanitary dwelling in the building/complex following completion of the repairs (for tenants), and 4. Reimbursement for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporary housing and any increase in monthly rent and utilities. DISPLACED ADVISORY SERVICES The City of Paducah will inform occupants of their rights by sending the required information and notices and assisting in finding replacement housing, The following information will be provided to displaced persons: 1. A complete description of the nature and types of activities which will be undertaken. 2. An indication of the availability of relocation payments including the types of payments, the general eligibility criteria for residential occupants and a precaution about premature moves; 0 3. A statement indicating that no person lawfully occupying property will be required to move without at least 90 days written notice from the HOME/CDBG recipient; 4• A clear explanation (in layman's language) of the projects; 5 • A statement of the purpose of the relocation program and brief indication of the services and aids available; 6. Assurance that displaced persons will not be required to move before they have been given an opportunity to obtain decent, safe, sanitary and affordable housing: 7• A brief description of what constitutes comparable, decent, safe and sanitary housing. 8. A layman's description of the Federal Fair Housing Law (Title V111 of the Civil Rights Act of 1968) Executive Order 11063, Title V1 of the Civil Rights Act of 1964 and applicable state and local fair housing and anti- discrimination laws. Minority persons must also be referred to comparable housing in non -minority concentrated areas when applicable. 9• A statement that the City of Paducah will provide assistance to persons in obtaining housing of their choice, including assistance in the referral of complaints of discrimination to the appropriate federal, state or local fair housing enforcement agency. 10. The address, telephone number and hours of the office of Community Development, Housing and Grants Administration. MOVING COSTS FOR TEMPORARY AND PERMANENT MOVES All displaced persons are eligible for moving costs if the move occurs after initiation of negotiations (submissions of HOME/CDBG applications). The Permanently displaced person may choose to receive actual moving and related expenses supported by bills and other documentation for: 1. Transportation up to 50 miles: 2. Packing, crating, uncrating and unpacking personal property; 3. Storage of the personal property for a period not to exceed 12 months, unless the City of Paducah determines that alonger period is necessary, Q 4. Disconnecting, dismantling, reassembling and reinstalling relocated household appliances and other personal property; 5. Insurance for the replacement value of the property in connection with the move and necessary storage; 6. The replacement value of property lost, stolen, or damaged In the process of moving (not through the fault or negligence of the displaced person, his or her agent, or employee) where insurance covering such loss, theft or damage is not reasonably available; and v' 7. Other moving -related expenses as determined to be reasonable and necessary, except the following ineligible expenses: (a) Interest on a loan to cover moving expenses; Cbl Personal injury; (c) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant in appeals procedures; (d) The cost of moving any structure or other real property improvement in which the displaced person reserved ownership; or (e) Cost for storage of personal property on real property owned or leased by the displaced person before the initiation of negotiations. If the displaced person does not choose to receive actual moving and related expenses, he or she may receive a fixed payment based of the Schedule of Cost published by the Federal. Highway Administration, Department of Transportation. All homeowners and tenants required to make a temporary move shall receive reimbursement of actual moving expenses and shall have the contents of their home placed into storage during the relocation period at no cost to them. The contents will then be returned to the home at the conclusion of the construction. REPLACEMENT HOUSING PAYMENTS Replacement housing payments are available to displaced 180 -day, owner -occupants, displaced 90 -day occupants (tenant or owner -occupant), displaced tenants and temporary homeowner/ tenant moves. 10 l� ) 1 �1 The displaced 180 -day, owner -occupant must meet the following criteria: 1 • Actually owned and occupied the displacement dwelling for 180 days immediately prior to initiation of negotiations; 2. Purchases and occupies a decent, safe and sanitary replacement dwelling within one year after the later of: (a) The date the person received final payment for the displacement dwelling; or Cbl A comparable replacement dwelling has been made available to the person. 3. Filed a claim within 18 months of the time the move is completed. The displaced 180 -day, owner -occupant who relocates to an ownership unit is eligible for a replacement housing payment that represents the sum of: 1 • The amount by which the cost of a replacement dwelling exceeds the "acquisition cost" of the displacement dwelling; 2. The additional mortgage financing costs; and 3. The reasonable expenses incidental to the purchase of the replacement dwelling. The displaced, 90 -day occupant (tenant or owner -occupant) must meet the following criteria: 1. Lawfully occupied the unit for at least 90 days immediately prior to initiation of negotiations; 2. Rents, or purchases, and occupies a decent, safe and sanitary replacement dwelling within one year after: (a) For a tenant, the date he or she moves from the displacement dwelling; or (b) For an owner -occupant, the date he or she receives Final payment for the displacement dwelling or the date he or she moves from the displacement dwelling. The displaced, 90 -day occupant (tenant or owner -occupant) is eligible for rental assistance or down payment assistance as replacement housing. The amount of rental assistance payment for the displaced person who rents a replacement i dwelling is equal to 42 times the amount obtained by subtracting the base monthly rent for the displacement dwelling from the lessor of the monthly rent and estimated average monthly utility costs for a comparable replacement dwelling and the monthly rent and estimated average monthly utility costs for the decent, safe and sanitary replacement dwelling actually occupied by the displaced person. APPEALS & GRIEVANCES Any family that disagrees with its relocation settlement may appeal to the City of Paducah Urban Renewal Board within 60 days of notification of the settlement amount. If the appeal cannot be resolved before the Urban Renewal Board, appeals may be made to the Executive Director of Kentucky Housing Corporation. KHC review may be granted by providing a written request after receipt of the City of Paducah's written determination. Any final decision may be appealed to the HUD Field Office. Revised this 23rd day of January, 1996 Albert Jones, Mayor CITY OF PADUCAH 12 ADMINISTRATION Secs. 2.585--2-590. Reserved, ARTICLE VII. CITY CITATION OFFICERS* Sec. 2-591, Designated officials. (a) The city does hereby empower the individ- uals who serve in the hereinafter referenced po- sitions to act in the position of Citation Officers and to have such authority and power as provided in KRS 83A.087. (b) The positions which are hereby accorded with the authority of Citation Officer are as follows: (1) Fire Chief. (2) Fire Marshal. (3) Fire Safety Inspector. (4) Director and Chief Building and Electri- cal Inspector. (5) Deputy Building Inspector. (6) Deputy Electrical Inspector. (7) Any person who is certified for Building or Electrical Inspector. (8) Code Enforcement Officer. (9) Safety Officer. (10) Parking Control Specialist. (11) City Engineer. (Ord. No. 92-11-4867, 11-24-92; Code 1996, § 40.01; Ord. No. 2005-12-7063, 12-20-05) Sec. 2-592. Qualifications. Each Citation Officer shall be duly certified in the position which he or she holds. (Ord. No. 92-1I-4867, 11-24-92; Code 1996, § 40.02) Sec. 2-593. Authority; issuance of citations. Each individual who is hereby authorized to act as Citation Officer shall have the power and authority to issue citations to any person who 'Editor's note—Former §§ 2-571-2-573 have been re- numbered as §§ 2-591-2.593 in order to facilitate inclusion of Ord. No. 2008-5-7411, §§ 1-6, as Div. 15, §§ 2-571-2-576, and Ord. No. 2008-10-7467, §§ 1-8, as Div. 16, §§ 2-577---2-584, as requested by the city § 2-602 violates or fails to comply with any ordinance of the city for which such violation or failure is subject to a penalty, provided that such ordinance directly relates to the duties of such individual. No Citation Officer shall be authorized to issue any citation for any moving vehicle offense. No citation shall be issued by any Citation Officer unikss probable cause exists that a person has violated or failed to comply with any city ordi- nance. Following the issuance of a citation, the issuing officer shall seek prosecution upon the citation with the appropriate state court tribunal. (Ord. No. 92-11-4867,11-24-92; Code 1996, § 40.03) Secs. 2-594--2-600. Reserved. ARTICLE VIII. FINANCE AND PROCUREIVIENTt DIVISION 1. GENERALLY Sec. 2-601. Fiscal year. '1'fie fiscal year of the city shall begin on July 1 and end on June 30 of the following year. An annual audit of all financial affairs of the city shall be made for the fiscal year as established by this section. (Ord. of 11-14-50; Code 1968, § 2-2; Ord. No. 75-91172, 9-23-75; Code 1996, § 36.01) Sec. 2-602. Financial reports from city bod- ies. (a) The City Manager is hereby authorized and directed to secure periodic financial reports from all boards, agencies and organizations for which Funds of the city are appropriated, such reports to be made to him annually, semiannually Crass references ---Any ordinance promising or guaran- teeing the payment of money For the city, or authorizing the issuance of any bonds of the city or evidence of the city's indebtedness saved from repeal, § 1-11{c)(U; any ordinance authorizing the borrowing of Funds on behalf of the city saved From repeal, § 1-11(c;(2}; any ordinance authorizing the pur- chase or sale of property or the expenditure of city fiends saved from repeal, § 1-11(c}(}; any appropriation or portion of an ordinance or ordinance providing for an annual budget saved From repeal, § 1-11(c;{5); any ordinance authorizing the trans- fer ^f city Funds saved from repeal, § 1-11(c}(6); taxation, ch. Ica Supp. No. 29 CD2:40.7 § 2 -sot PADUCAH CODE or otherwise as may be requested by him. The reports shall contain complete information as to income and expenditures of not only city funds but all funds coming into the hands of the boards, agencies and organizations. (Code 1968, § 2-4) (b) In the event any board, agency or organi- zation to which funds are appropriated by the city shall fail or refuse to furnish the City Manager with reports as may be requested by him, then, at his option, he may direct the Finance Director to forego future payments of appropriations until further action by him or the Board of Commis- sioners. (Ord. of 4-12-58; Code 1968, § 2-5; Code 1996, § 36.02) Supp. No. 29 CD2:40.8 1 ADIN IISTHATION i 2-641 l Sec. 2.603. Extension of time for payments due on weekends and holidays. On any occasion when the final date for pay. ment of licenses, taxes or other fees to the city falls on a Saturday or a Sunday or on a holiday that has been declared as a legal holiday by the city, then in such event the time for payment without penalty or interest shall be extended to the first day thereafter which is neither a Satur- day, a Sunday nor a day declared by the city as a legal holiday. (Ord. of 8-16-55; Code 1968, § 2-6; Ord. No. 74-11-1048, 11-12-74; Code 1996, § 36.03) Sec. 2.604. Ordinances approving contracts. Where applicable, gross amounts of contracts and explanations of contracts shall be included in the ordinance approving said contract. (Code 1996, § 36.04) Secs. 2.605-2-620. Reserved. DIVISION 2. FUNDS AND ACCOUNTS Sec. 2-621. Locomotive Memorial 'hest Fund. (a) The Finance Director be and he is hereby authorized and directed to establish a Locomotive Memorial Trust Fund account for receiving all interest income from the principal of the Locomo- tive Memorial Trust Fund and for making dis- bursements for all maintenance expenses re- quired for the preservation of the steam locomotive memorial heretofore given to the city by the Illinois Central Railroad Company, the account to be at the appropriate bank designated by the city. (b) Funds in the account shall be disbursed on the signature of the Finance Director. (Code 1968, § 2-10; Ord. No. 70-7-360, 7-14-70; Code 1996,§ 36.15) Sees. 2-622-2.640. Reserved. DIVISION 3, PROCUREMENT Sec. 2.64L. Definitions. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Aggregate amount. The total dollar amount during a fiscal year of items of a like nature, functionand use, the need for which can reason- ably be determined at the beginning of the fiscal year. Items the need for which could not reason- ably be established in advance or which were unavailable because of a failure of delivery need not be included in the aggregate amount. Chief executive officer. The City Manager. Construction. The process of building, altering, repainngor improving a public structure or build- ing, or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair or routine main- tenance of existing structures, buildings or real property. Contract. All types of local public agency agree- ments, including grants and orders, for the pur- chase or disposal of supplies, services, construc- tion or any other item. It includes awards and notices of award; contracts of a fixed-price, cost, cost -plus -a- fixed fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. "Con- tract" also includes supplemental agreements with respect to any of the foregoing. It does not include labor contracts with employees. Cooperative purchasing. Purchasing conducted by, or on behalf of, more than one public purchas- ing unit, or by a public purchasing unit with a foreign purchasing activity. Debarment. The disqualification of a person to receive invitations for bids or requests for propos- als or the award of a contract by the local public agency, for a specified period of time. Established catalog price. The price included in the most current catalog, price list, schedule or other form that: (1) Is regularly maintained by the manufac- turer or vendor of an item; and CD2:41 $ 2-641 PADUCAH CODE (2) Is either published or otherwise available for inspection by customers; and (3) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that item. Evaluated bid price. The dollar amount of a bid after bid price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for bids, which affect the economy and effectiveness in the operation or use of the prod- uct, such as reliability, maintainability, useful life, residual value and time of delivery, perfor- mance or completion. Immediate family. A spouse, children, grand- children, parents, grandparents, brothers and sis- ters, and such other relatives as designated by the local public agency. Invitation for bids. All documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in section 2-645(a) through (g) of this article. Legislative body orgoverning board. The Board of Commissioners of the city. Local public purchasing unit. This term refers to the City of Paducah, Kentucky. May. This term means permissive. However, the words "no person may' mean no person is required, authorized or permitted to do the act prescribed. Negotiation. Contracting by either of the meth- ods set forth in section 2-654 or 2-659 of this article. Noncompetitive negotiations. Informal negotia- tion with one or more vendors, contractors or individuals without advertisement or notice. Objective measurable criteria. Sufficient infor- mation in the invitation to bid as to weight and method of evaluation so that the evaluation may be determined with reasonable mathematical cer- tainty. Criteria which are otherwise subjective, such as taste and appearance, may be established when appropriate. Person. Any business, individual, union, com- mittee, club, or other organization or group of individuals. ,Procurement. The purchasing, buying, renting, leasing or otherwise obtaining of any supplies, services or construction. It also includes all func- tions that pertain to the obtaining of any public procurement, including description of require- ments, selection and solicitation of sources, prep- aration and award of contract, and all phases of contract administraaon- Request for proposals. All documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the proce- dures set forth in section 2-654 of this article. Responsible bidder or offeror. A person who has the capability in all respects to perform fully the contract requirements and the integrity and reli- ability which will assure good faith performance. Responsive bidder. A person who has submitted a bid under section 2.645(a) through (g) of this article which conforms in all material respects to the invitation for bids, so that all bidders may stand on an equal fcoting with respect to the method and timeliness- of submission and as to the substance of any resulting contract. Service. The rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product other than reports which are merely incidental to the required performance of service. It does not include labor contracts with employees. Specifications. Any description of a physical or functional characteristic of a supply, service or demonstration item. It may include a description of any requirement for inspecting, testing or pre- paring a supply, service or construction item for delivery. Supplemental agreement. Any contract modifi- cation which is accomplished by the mutual ac- tion of the parties. Supplies. All property, including but not lim- ited to leases, real property, printing and insur- ance, except land ar a permanent interest in land. CD2:42 ADMINISTRATION 3 2-644 Suspension. The disqualification of any person to receive invitations for bids or request for pro- posals, or to be awarded a contract by a local public agency for a temporary period, pending the completion of an investigation and any legal pro- ceedings that may ensue. (Code 1968, § 26-1; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.30) Cross reference—Definitions generally, § 1-2. Sec. 2.642. Adoption of state law. The city hereby adopts the provisions of KRS 45A.345 --45A.460 as the purchasing procedures to be followed by the city. (Code 1968, § 26-1.1; Ord. No. 80-8-1967, 8-26-80; Code 1996, § 36.31) Sec. 2-643. Responsibility for procurement; authority of City Manager. (a) The City Manager is responsible to the Board of Commissioners for the administration of all procurement functions of the city. (b) The City Manager is hereby authorized and empowered to make in behalf of the city any contract for materials, supplies or equipment, or for services, professional or otherwise, provided that the aggregate amount of the contract does not exceed $20,000.00. However, in exercising this authority, the City Manager shall not make any contract for any expenditure for any depart- ment of the city where the expenditure, together with the sum total of other expenditures for the department, exceeds the appropriation made for the department for any fiscal year by the budget approved by the Board of Commissioners, unless prior consent is given by the Board of Commis- sioners. In exercising this authority, the City Manager shall comply with the following provi- sions: (1) All contracts made by the City Manager shall be evidenced by a writing which provides a description of the item or items purchased and the terms of sale, which writing shall be maintained as part of the records of the city. Supp. No. 19 (2) A written summary of the procurement activities of the City Manager shall be provided to the Board of Commissioners on a monthly basis. (3) A]1 contracts made by the City Manager shall be made in the best interests of the city, and shall be made for a price which is substantially similar to the market price of a like item or items purchased, Where possible, prior to the making of a contract, the City Manager shall contact at least three suppliers of the item or items to be purchased to obtain the best price for and quality of the item or items to be pur- chased, (c) The City Manager is hereby authorized to execute all contracts for procurement in accor- dance with this section for and in behalf of the city. (d) All other provisions of this article regard- ing procurement, such as provisions relating to competitive bidding, competitive negotiations, ad- vertisement, and noncompetitive purchasing, shall not apply to any procurement made by the City Manager hereunder unless deemed advisable by the City Manager. (e) The city procurement officer, and any other employee designated by the City Manager, shall assist the City yIanager in any procurement here- under, and shall perform the duties assigned by the City Manager. (Ord, No, 80-9-1977, 9-9-80; Ord. No, 90-10-4521, 10-23-90; Code 1996, § 36.32; Ord. No. 2005-2- 6927, 3 1, 2-22-05) Sec. 2-644. Written procurement determina- tions. Every determination by an employee or official of the city engaged in or responsible for the performanca of any procurement activity or func- tion, and constituting a final procurement action, or which is required by this Code of Ordinances, shall be made in writing, when the contract exceeds 52,500.00. Each determination shall be based on written findings that support the deter- mination arLd shall be signed by the employee making the determination and shall be submitted CD2A3 § 2-644 PADUCAH CODE to the City Manager for his approval. Any such (3) Specifications require design work on the - determination shall remain in the official contract part of bidders, and when unforeseen con - file. ditions make completion of bid prepara- (Code 1968, § 26-3; Ord. No, 80-9-1977, 9-9-80; tions prior to the bid deadline impossible; Code 1996, § 36.33) or Sec. 2-645. Competitive sealed bidding gen- erally; invitation for bids. (a) All contracts or purchases shall be awarded by competitive sealed bidding, except as other- wise provided in this Code of Ordinances. (b) All sealed bids shall be advertised not less than seven nor more than 21 days prior to the date set for opening. (c) Advertisements shall be entered in the news- paper with the largest circulation within the jurisdiction of the city. (d) The advertisement for bids may also be placed in other publications when, in the judg- ment of the City Manager, the advertisements would best serve the interest of the city. (e) If it is determined during the advertising period that additional time shall be allowed for the preparation of bids, the bid opening date may be extended by: (1) Placing a notice specifying the revised bid opening date in the local newspaper with the largest circulation. The revised bid opening date shall be not less than seven nor more than 21 days after the appear- ance of the legal notice; or (2) Issue an addendum to the invitation for bids. The addendum must be in writing, must be mailed or delivered to all holders of the invitation for bids, and must be acknowledged on the form of proposal by each bidder submitting a bid. (f) Extensions of the bid opening date may be permitted when: (1) Changes are made in specifications after advertisement; or (4) Strikes, disaster or other uncontrollable factors prevent bidders from acquiring information necessary for bid prepara- tion; or (5) Other reasons as may be determined by the City Manager. (g) An invitation for bids may be rescinded when: (1) Conditions leading to the issuance of an invitation for bids change sufficiently to make the proposed purchase unnecessary (2) Funds for the proposed purchase become unavailable. (3) It is apparent no bids will be received because the item or service is unavailable, bid prices will emceed the funds available for the item, and when major revisions in specifications aim necessary to insure bids received will be responsive and responsi- ble. (4) It is determined by the City Manager that rescinding of invitations to bid would be in the best interest of the city. (Code 1968, § 26-4) (h) Bidders may be required to submit bids on forms provided by the city, Bids submitted on other forms may be rejected as nonresponsive. (Code 1968, § 26-6; Ord. No. 80-9-1977, 9-9-80) (Code 1996, § 36.34) Sec. 2-646. Specifications. (a) All specifications used in the procurement process shall be designed to provide the maxi- mum practicable competition consistent with the level of quality required. (b) Specifications shall be open and accurate. (c) Design specifications describe how an item (2) One or more bidders notify the City is to be built or manufactured, Performance spec - Manager's office of discrepancies, errors ifications describe the capabilities of an item. or areas requiring clarification in the spec- Criteria to measure the ability of the item to be ifications; or Supp. No. 19 CD2:44 ADMNISTR4TIO 3 2-650 purchased to perform or last may be developed. Either design or performance or a combination of both can be used when the need for such specifi- cations arises. However, performance specifica- tions are generally preferable when their use is applicable. (d) "Brand name or equivalent" specifications can be used when other types of specifications are inappropriate or unavailable, or when stating brand names will significantly enhance the un- derstandability of the specifications for prospec- tive bidders. If the above-mentioned is used, spec- ifications must: (1) Specify more than one brand name if possible; (2) Specifically state that an equivalent prod- uct may be supplied. The burden of proof for equivalency shall rest with the propos- ing distributor; and (3) Set forth criteria to be met by the product proposed. (e) The City Manager may, when appropriate for an expected procurement, establish a qualified product list and may use the Lists in place of detailed specifications. A bidder may propose to furnish a product not on the qualified products lists if he can demonstrate to the City Manager that the product proposed meets all criteria es- tablished for inclusion on the list. (Code 1968, § 26-5; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.35) See. 2-647. Bid price and evaluated bid price. Bids shall be awarded to the responsible bidder who submits the responsive bid of the lowest bid price or lowest evaluated bid price. It shall be clearly state in the invitation for bids whether the contract award shall be made on the basis of lowest bid price or lowest evaluated bid price. If the award is based on lowest evaluated bid price, the invitation shall include the evaluation criteria to be used along with any formulas pertaining to how the contract shall be awarded. (Code 1968, § 26-7; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.36) Sec. 2.818. Withdrawal of bids. (a) No bid, once submitted, may be withdrawn before the time allowed for acceptance in the invitation for bids unless: (1) Bids have not been opened and a written request is received from the bidder more than 24 hours before the date and time set fcr opening. (2) Aa error has been made that is obvious on the face of the bid. (3) Th.e bidder can demonstrate from worksheets or other documents that an error was made in preparing the bid doc- u1nent. (b) Any bid withdrawn except under the above circumstances shall require forfeiture of any bond security The City Manager may establish criteria or waive established informalities under which an incomplete bid may be considered if it is in the best interest of the city. (Code 1968, § 26-8; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.37) Sec. 2-649. Opening of bids. An opening time for each bid shall be stated in any advertisement and invitation for bids. The time set for opening of bids shall be established by a clock in the office of the City Manager. It is the bidder's responsibility to insure his bid is in the office before the time set for bid openings. At the set time, tli.c City Manager shall declare bids to be closed. All bids shall be opened publicly and read aloud whey the structure of the invitation for bids permits, The City Manager shall with reasonable promptness prepare a tabulation of all bids re- ceived and make the documents available to the public upon reasonable request. (Code 1968, § 26-9; Ord. No. 80-9-1977, 9-9-80; Code 1995, § 36.38) See. 2.65D. Evaluation of bids; award of con- tract. (a) Immediately after bids are opened, the City Manager or his designee shall review all bids for compliance with specifications, terms and condi- tions. Upen completion, copies of all bids received will be seat to the appropriate department head. CD2:45 5 2-650 PADUCAH CODE He in turn will review each and make a recom- mendation as to which bid shall be selected and forward this information in writing to the City Manager. (b) If, in the judgment of the City Manager or his designee, a portion of a bid is uncertain or unclear, the bidder shall be required to clarify all such portions which are in question. Any clarifi- cation of this nature shall be sent to the City Manager's office in written form. (c) Alternative bids are welcomed and may be submitted unless specifically excluded in the in- vitation to bid. Optional or alternative bids must conform to specifically enumerated evaluation criteria. (d) After reasonable consideration of ail bids received, a contract shall be awarded to the re- sponsive and responsible bidder who submits a bid, or alternate bid, which is either the lowest bid price or the lowest evaluated bid price as described in the invitation for bids. Reasonable consideration is contingent on the item being evaluated and the time frame shall be adjusted accordingly by the City Manager or the City Commission. (e) If the City Manager determines in writing that all bids are unsatisfactory, all bids may be rejected and new bids may be requested using the same or .different specifications, or competitive negotiations, if the requirements ofsection 2-654(4) of this article are satisfied, for the purchase of the item in question. The basis for rejection of all bids and further action shall be in writing and placed in the particular bid file in question. (Code 1968, § 26-10; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.39) Sec. 2.651. Rejection of bids. The City Manager reserves the right to reject any and all bids, and to waive technicalities and minor irregularities in bids. Grounds for the re- jection include, but are not limited to: (1) Failure of a bid to conform to established requirements of an invitation for bids; or (2) Failure to conform to specifications con- tained in or referred to in any invitation for bids, unless the invitation authorized submission of alternative bids, and the alternative axoposaI meets the require- ments specified in the invitation for bids; or (3) Failure to conform to a delivery schedule established in an invitation for bids; or (4) Failure of a hid as determined by the City Manager to be reasonable in price; or (5) Determination that a bid was submitted by a bidder determined to be not respon- sible; or (6) Failure to furnish a bid guarantee when a guarantee is required by an invitation for bids; or (7) Imposition of conditions which would mod- ify the terms and conditions of the invita- tion for bids, or which would limit the bidder's liability to the city under terms of the contract awarded, on the basis of such invitation for bids; or (8) Receipt of any one bid when the occur- rence results in a difficulty in determin- ing the fair market value of the goods or services to be purchased, in the opinion of the City Manager. (Code 1968, § 26-11;,Ord. No, 80-9-1977, 9-9-80; Code 1996, § 36.40) Sec. 2-652. Bid conditions; contract pricing. (a) The City Manager shall adopt and revise, as necessary, general conditions for bidding. These general conditions spall be applicable to be in- cluded in or incorforated by reference in all invitations for bids issued by the city. (b) The City Manager may, as required by a particular procurement, develop and adopt spe- cial bid conditions supplemental to the general bid conditions. (c) Any bidder vho submits a bid in response to an invitation for bids shall be deemed to have agreed to comply with all terms, conditions, and specifications of such invitation for bids. (Code 1968, § 26-12) CD2:46 Sec. 2-653. Interested bidders list. (a) The establishment of an interested bidders list for certain goods and services is encouraged and recommended where applicable. Any person, firm or corporation desiring to receive written notice of procurement requirements of the city may make application to have his name placed on a bidders list for the type or kinds of goods or services he wishes to supply or provide. The City Manager may specify the form to be used and the procedure to be followed by the prospective ven- dor to make application for inclusion on the bidders list. Failure of the city to notify any bidder on the interested bidders list caused by a clerical error shall not invalidate any bidding procedure or awarding of any contract, provided proper advertising procedures were followed as specified in section 2-645(a) through (g) of this article. (b) The City Manager may establish a pro- gram for vendor prequalification. To establish a vendor prequalification system, the City Manager shall solicit from each prospective vendor suffi- cient information to permit evaluation of vendors' qualifications in terms of: (1) The ability and capacity to perform on a timely basis under contract for goods or services he wishes to bid on and supply. -- (2) Good character, integrity, reputation and experience. (d) Aprmpective bidder may appeal the disap- proval of his application by written appeal to the Board of Commissioners. The appeal must be filed within 14 days after the date of the notice of disapproval and must state the grounds for the appeal with reasonable particularity and must relate directly to the reason(s) for disapproval of the application. The City Manager may establish the time at which and the conditions under which a vendor whose application has been disapproved may reapply for placement on a bidders list. (e) A bid may be accepted from a bidder whose name is riot on the interested bidders list, pro- vided that the bidder submits all information required by the City Manager to make a determi- nation of the bidder's qualifications prior to the award of a contract. (Code 1968, § 26-14; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.42) Sec. 2.654. Competitive negotiations—Gen- erally. The city may contract or purchase through competitive negotiations, upon a written finding that: (1) Specifications cannot be made sufficiently specific to permit award on the basis of the lowest bid price or the lowest evalu- ated bid price, including, but not limited to, contracts for experimental or develop - meat research work, or highly complex CD2,:47 AM)MISTRATION 3 2.654 i (d) In all invitations for bids, bids submitted, (3) Satisfactory performance in prior deal - and contracts awarded: ings with the city. (1) Discounts shall not be considered unless (4) Satisfactory performance in dealings with stated in the invitation for bids; other local government units, the Com - (2) In case of a discrepancy in the extension monwealth of Kentucky, and other pur- of a price, the unit price shall govern over chasers. the total price for all items; and (c) The City Manager may refuse to list any (3) Any award may be made to the lowest prospective vendor if that vendor does not meet aggregate bidder for all items, groups of the minimum qualifications established for entry items, or on an individual item basis, on a bidders list. It is the responsibility of the whichever is deemed to be in the best vendor to show that he meets established qualifi- interest of the city. (Code 1968, § 26-13; cations fox entry on the bidders list to which he Ord. No. 80-9-1977, 9-9-80; Code 1996, § seeks togai.n entry. The prospective vendor will be 36.41) promptly notified if his application is disapproved and the xemon(s) for disapproval will be stated. Sec. 2-653. Interested bidders list. (a) The establishment of an interested bidders list for certain goods and services is encouraged and recommended where applicable. Any person, firm or corporation desiring to receive written notice of procurement requirements of the city may make application to have his name placed on a bidders list for the type or kinds of goods or services he wishes to supply or provide. The City Manager may specify the form to be used and the procedure to be followed by the prospective ven- dor to make application for inclusion on the bidders list. Failure of the city to notify any bidder on the interested bidders list caused by a clerical error shall not invalidate any bidding procedure or awarding of any contract, provided proper advertising procedures were followed as specified in section 2-645(a) through (g) of this article. (b) The City Manager may establish a pro- gram for vendor prequalification. To establish a vendor prequalification system, the City Manager shall solicit from each prospective vendor suffi- cient information to permit evaluation of vendors' qualifications in terms of: (1) The ability and capacity to perform on a timely basis under contract for goods or services he wishes to bid on and supply. -- (2) Good character, integrity, reputation and experience. (d) Aprmpective bidder may appeal the disap- proval of his application by written appeal to the Board of Commissioners. The appeal must be filed within 14 days after the date of the notice of disapproval and must state the grounds for the appeal with reasonable particularity and must relate directly to the reason(s) for disapproval of the application. The City Manager may establish the time at which and the conditions under which a vendor whose application has been disapproved may reapply for placement on a bidders list. (e) A bid may be accepted from a bidder whose name is riot on the interested bidders list, pro- vided that the bidder submits all information required by the City Manager to make a determi- nation of the bidder's qualifications prior to the award of a contract. (Code 1968, § 26-14; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.42) Sec. 2.654. Competitive negotiations—Gen- erally. The city may contract or purchase through competitive negotiations, upon a written finding that: (1) Specifications cannot be made sufficiently specific to permit award on the basis of the lowest bid price or the lowest evalu- ated bid price, including, but not limited to, contracts for experimental or develop - meat research work, or highly complex CD2,:47 § 2-654 PADUCAH CODE equipment which requires technical dis- cussions, and other nonstandard supplies, services or construction; or (2) Sealed bidding is inappropriate because the applicable sources and supply are limited, the time and place of perfor- mance cannot be determined in advance, the price is regulated by law, or a fixed price contract is not applicable; or (3) The bid prices received through sealed bidding are unresponsive or unreasonable to all or part of the requirements, or are identical or appear to have been the result of collusion; provided each responsive bid- der is notified of the intention to negotiate and is given a reasonable opportunity to negotiate, and the negotiated price is lower than the lowest rejected bid by any respon- sive bidder; or (4) All bids submitted pursuant to competi- tive sealed bidding under section 2-645(a) through (g) of this article result in bid prices in excess of the funds available for the purchase, and the City Manager de- termines in writing: a. That there are no additional funds available from any source so as to permit an award to the lowest re- sponsive and responsible bidders; and b. The best interest of the city will not permit the delay attendant to a resolicitation under revised specifi- cations or revised quantities under competitive sealed bidding; or c. After an invitation for bids has been made in accordance with section 2-645(a)' through (g) of this article and no bids have been received from responsive and responsible bidders. (Code 1968, § 26-15; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.43) Sec. 2.655. Same --Request for proposals. (a) When the City ivlanager determines in writ- ing that competitive negotiation is needed to carry out a particular procurement, lie shall com- mence by advertisement of a request for written proposals as provided in section 2-645(a) through (g) of this article. (Code 1968, § 26-16) (b) Arequest for proposals shall include: (1) A request by the city for proposals; (2) A statement of work required; (3) Desired performance schedule; (4) Available government furnished property, if any; (5) Applicable provisions to be included in the contract if awarded; (6) Criteria that will be used to evaluate proposals received; (7) Where and how detailed specifications may be obt,,dned; and (8) Required time and place for submission of offers. (Code 1968, § 26-17; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.44) Sec. 2.656. Same ---Custody of - proposals; availability for public inspec- tion. All written proposals received by the City Man- ager in response to requests for proposals shall be kept secure and unopened until the date and time set for opening. (1) Proposals iot clearly marked as such may be opened for identification purposes, ap- propriately identified and resealed until the time fir opening proposals; and (2) Proposals for competitive negotiations shall not be subject to public inspection until negotiations between the city and all of- ferors have peen concluded and a contract awarded. (Code 1968, § 26-18; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.45; CD2:48 ADMINISTRATION 3 2-659 Sec. 2.657. Same—Examination of propos. als. The City Manager or his designated represen- tative shall examine each written proposal re- ceived for general conformity with the advertised terms of the procurement and shall: (1) Determine in writing those proposals re- ceived for responsible offerors that consti- tute a reasonable basis for negotiation, Each such offeror will be contacted infor- mally and a meeting will be set up for discussion of the offeror's proposal; and (2) After informal discussions with all of- ferors, the City Manager will select the best proposal advantageous to the city; and (3) If no acceptable proposals have been ac- cepted after discussions are complete, any or all proposals may be rejected, and, in the discretion of the City Manager, new proposals may be requested on the basis of the same or revised terms, or the pro- curement may be abandoned. (Code 1968, § 26-19; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.46) Sec. 2.658. Same—Discussions pertaining to revision of specifications or quan- tities. If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror, all other potential offerors shall be offered an opportunity to take part in the discussions. (Code 1968, § 26-20; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.47) Sec. 2-659. Noncompetitive negotiations. The city may contract or purchase through noncompetitive negotiations only when a written determination is made that competition is not feasible, and it is further determined in writing by the city through the office of the City Manager: (1) An emergency exists which will cause public harm as a result of the delay in competitive procedures; or Supp. Nio. 19 (2) There is a single source within a reason- able geographical area of the goods or services to be procured; or (3) The contract is for a service of a licensed professional, provided, however, that this provision shall not apply to architects or engineers providing construction manage- ment services rather than professional architect or engineer services; or (4) The contract is for the purchase of perish- able items purchased on a weekly or more frequent basis, such as fruits, vegetables, fish or meat; or (5) Services pursuant to a franchise awarded according to law; or (6) Services from nonprofit agencies, who pro- vide such services for the benefit of the citizens of the city; or (7) Real property or an interest in real prop- erty; or (8) Goods or services from the Coramon- vealth of Kentucky, its political subdivi- sions, or the government of the United States; or (9) Goods or services available under terms of a Commonwealth of Kentucky price contract established for all state agencies; or (10) T`he contract is for replacement parts where the need cannot be reasonably antici- pated and stockpiling is not feasible; or (11) The contract or purchase is for expendi- tures made on authorized trips outside the boundaries of the city; or (12) The contract is for group life insurance, group health and accident insurance, group professional liability insurance, worker's compensation insurance, and unemploy- ment insurance; or (13) The contract is for a sale of supplies at red Liced prices that will afford a purchase at savings to the city. (Code 1968, § 26-21; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.48) CD2:49 § 2-660 Sec. 2-660. Small purchase plan. PADUCAH CODE (a) The city may use small purchase proce- dures for any contract for which a determination is made that the aggregate amount of the contract does not exceed $20,000.00. (b) The procurement of all items $5,000.00 or less may be delegated by the City Manager to each individual department head. All department heads shall keep such purchases within the con- straints of the aggregated amount budgeted each fiscal year, for each particular procurement item. It will be the responsibility of every department head to compare quality and price on all items and purchase items according to which goods or services will be most advantageous to the city. .Any procurement which is delegated by the City Manager shall be subject to any policies and procedures as directed by the City Manager. (c) The City Manager may delegate the respon- sibility for initiating purchases of items which exceed $5,000.00, but do not exceed $20,000.00 to each individual department head, The depart- ment head or a designated person under his authority will obtain three price estimates for each item, using the same criteria and quality measurements for all three estimates. The esti- mates for items costing more than $10,000.00 shall be obtained in written form. The depart- ment head will then select the lowest estimate, or a higher estimate if the quality of the purchase in question would be greatly enhanced by accepting the higher estimate. All such purchases shall be made with the intention of serving the best inter- est of the city, and insuring the quality of the delivery of all public services. All procurement which is delegated by the City Manager shall be subject to any policies and procedures as directed by the City Manager. (d) A requisition will be prepared and sent to the City Manager for his final approval before a purchase is made. The requisition will include the following information. (1) Description of the item to be purchased; and (2) Name and estimate from each vendor obtained; and (3) Name of the vendor which is recom- mended by the department head for the award of the contract; and (4) A short statement of the reason for the selection of that particular vendor. (e) Procurement requirements shall not be par- celled, split, divided or purchased over a period of time in order to circumvent the dollar limitations for small purchases. (Code 1968, § 26-22; Ord. No. 80-8-1967, 8-26-80; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.49; Ord. No. 98-3-5836, § 1, 3-10-98; Ord. No. 2005- 2-6927, § 1, 2-22-05) Sec. 2-661. Cooperative purchasing. (a) The city is encouraged when circumstances permit to enter into an agreement for cooperative purchasing with any other local public agency or the Commonwealth of Kentucky, when common goods or services are required by both units of government. The cooperative purchasing may in- clude, but is not limited to, joint contracts be- tween public purchasing units and access by local public purchasing units to open-end state public purchasing unit contracts. (1) Nothing in this article shall limit the city from selling to, acquiring from, or using any property belonging to another public purchasing unit. (2) The city may enter into an agreement for the joint or common use of warehousing facilities or the Lease or common use of capital equipment or facilities with any other public purchasing unit subject to such terms as may be agreed upon be- tween the parties. (b) The purchase of goods and services from the state's price agreement contract is encour- aged, whenever the purchase of such items from distributors would be advantageous and in the best interest of the city. (Code 1968, § 26-23; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.50) Sec. 2-662. Contract modification and termi. enation; right of city to inspect place of business and audit records of contractors. (a) The City Manager shall be authorized to provide, by appropriate clauses, to contracts for goods or services of all types, for changes and Supp. No. 19 CD2:50 ADMINISTRATION modifications to such contracts and providing for the method or methods of calculating the costs of any decrease, increase, or other change in the contract price resulting from the change or mod- ification. (b) Any contractor who is determined in writ- ing by the City Manager to be in breach of any of the terms and conditions of a contract may at the direction of the City Manager be declared in Supp. No. 4 CD2:50.1 i 2-662 ADMINISTRATION default and such contract may be terminated for any of the following, but not specifically limited to these provisions: (1) Failure to perform the contract according to its terms, conditions and specifications; or (2) Failure to make delivery within the time specified or according to a delivery sched- ule fixed by the contract; or (3) Late payment or nonpayment of bills for labor, materials, supplies or equipment furnished in connection with a contract for construction services, or failure to pur- sue the work under a contract for construc- tion services. (c) The city shall be authorized to negotiate termination of all contracts for the procurement of goods or services when the City Manager de- termines in writing that the termination will be in the best interest of the city. (d) The city reserves the right to inspect the plant or place of business of any manufacturer of goods or services in which a negotiated contract has been awarded or will be awarded. This section will pertain to all contractors and subcontractors alike. The city also reserves the right to audit the records of any contractor or subcontractor for a period of five years from the date of the last payment, to the contractor or subcontractor, from the city or any of its political subdivisions or franchises. (Code 1968, § 26-24; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.51) Sec. 2-663. Bidder security and bonds. (a) Bidders' security shall be required for all competitive sealed bidding for construction con- tracts when the price is estimated to exceed $25,000.00. Bidders' security shall be in the form of a bond provided by a surety company autho- rized to do business in the commonwealth or equivalent, or the equivalent in cash in a form satisfactory to the city. (b) Bidders' security shall be in an amount equal to at least five percent of the amount of the bid. When the invitation for bids requires that bidder security be provided, noncompliance re - i 2-664 quires that the bid be rejected; provided, however, that the City Manager does not grant an excep- tion which he considers justifiable. (c) When a construction contract is awarded in an amount in excess of $25,000.00, the following bonds sha-H be furnished and shall become bind- ing on the parties upon the award of the contract: (1) A performance bond executed by a surety company authorized to do business in this commonwealth, or otherwise equivalent, in an amount equal to 100 percent of the contract price as it may be increased; and (2) A payment bond for the protection of all persons supplying labor and materials to the contractor or his subcontractors for the performance of the work provided for sn the contract. This bond shall be in an amount equal to 100 percent of the origi- nal contract price. (d) The city reserves the right to require addi- tional bonds and securities when it is determined by the City Manager to serve the best interest of the city. (Code 1968, § 26-25; Ord. No. 80-9-1977, 9-9-80; Code 1956, § 36.52) Sec. 2-664. Appropriations. (a) The city shall not award a contract for any procurement when the contract price would ex- ceed the funds appropriated for the procurement by the Board of Commissioners, unless additional funds are authorized by the Board of Commission- ers. (b) If all bids received in response to an invi- tation exceed the amount appropriated for the procurement, and sufficient additional funds are not authorized to permit an award to the lowest responsive and responsible bidder, the City Man- ager may proceed with competitive negotiations in accordance with section 2-654(4) of this article. (c) An invitation for bids or a request for proposals may be advertised in anticipation of an appropriation, provided such invitation or re- quest clearly states the funds for the procure- ment, while anticipated, have not been appropri- ated. CD2:51 § 2-664 PADUCAH CODE (d) The City Manager May award a contract for the procurement of goods or services for a period that exceeds a fiscal year, provided the contract permits cancellation without penalty in the event the funds for the contract are not appropriated for any succeeding year. (Code 1968, § 26-26; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.53) Sec. 2-665. Public availability of informa. tion. (a) Copies of records, specifications, proce- dures and regulations relating to purchasing shall be available to the public during normal business hours upon request and at a cost not to exceed the cost of copying. (b) The City Manager or any other employee of the city shall not disclose to the public or to a prospective vendor's competitors: (1) Information furnished in response to a request from the City Manager for infor- mation necessary to determine a bidder's responsibility; or (2) Information obtained from a prospective vendor during negotiations which quad- fies as confidential technical information or trade secrets, and/or the disclosure of which would constitute a violation of patent rights or copyrights. (Code 1968, § 26-27; Ord, No. 80-9-1977, 9-9-80; Code 1996, § 36.54) Sec. 2-666. Compliance with grant require- ments. Nothing in these regulations shall be construed in such a manner as to relieve the city of the responsibility to comply with any procurement requirements imposed by an agency from which the city may receive funds, including but not limited to state and federal agencies. (Code 1968, § 26-28; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.55) Sec. 2.667. Conflict of interest. (a) It shall be considered a breach of ethical standards for any employee of the city to engage in any procurement activity, directly or indirectly, such as to the preparing of bids to be submitted, request for proposals, and matters pertaining to any contract, in which, to his knowledge: (1) He or any member of his immediate fam- ily has a financial interest therein; or (2) A business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner or employee is a party; or (3) Any other person, business or organiza- tion with whom he or any member of his immediate family is negotiating or has arrangements concerning prospective em- ployment is a party. (b) This shall include but not be limited to decisions, approval, disapproval, recommenda- tion, preparation of any part of a purchasing request, influencing the content of any specifica- tion or purchase standard, rendering of advice, investigation, auditing, or any other advisory capacity. (Code 1968, § 26-29; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.56) Sec. 2-668. Disposition of surplus or excess property. (a) Any property which is to be sold by the city as surplus or excess property will require a writ- ten determination which will include the follow- ing: (1) Description of the property; and (2) Its intended use at the time of acquisition; and (3) The reason why it is in the best interest of the city to dispose of the item; and (4) The method of disposition to be used. (b) Surplus or excess property may be trans- ferred with or without compensation to another governmental agency, or it may be sold at public auction, or by sealed bids, in accordance with which method is deemed most advantageous to the city. (c) The office of the City Manager must ap- prove any and al€ dispositions of surplus or excess property and the appropriate department head CD2:52 ADMINISTRATION § 2-691 must comply with all requirements for sealed bid procedures as set forth in section 2-645(a) through (g) of this article which are applicable. (Code 1968, § 26-30; Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.57) Sec. 2.669. Equal employment opportunity; determination of prevailing wage. (a) The city shall include as part of any invi- tation for bids or request for proposals for goods or services, equal employment opportunity language as may be required by local ordinance, KRS 45.570-45.640 and the procurement require- ments of any agency from which the city may receive funds. (Code 1968, § 26-31) (b) Pursuant to ERS 337.510, the city shall apply to the Commonwealth of Kentucky, Depart- ment of Labor, for a determination of prevailing wage for any contract for construction services. The determination shall be included as part of any contract for construction services and shall be included in any invitation for bids or request for proposals for any procurement of construction services. (Code 1968, § 26-32) (Ord. No. 80-9-1977, 9-9-80; Code 1996, § 36.58) Secs. 2.670-2.690. Reserved. ARTICLE IX. PUBLIC RECORDS v� DIVION 1. GENERALLY Sec. 2.691. Definitions. For the purpose ofthis article, the following definitions shall applyunl„co ess thentext clearly indicates or requires a different meaning. City. The city governmApt of this city. Commercial purpose. TheYdirect or indirect use of any part of a public recorakor records, in any form, for sale, resale, soli'citatio� rent or lease of a service, or any use by which A, ser expects a profit either throughr`commission 'salary or fee. "Commercial ouroose" shall not include: (1) Publication or related use of 'la public record Oy a newspaper or periodical; Supp. No. 19 (2) 'Use of a public record by a'radio or tele- vision station in its news or other infor- mational programs; or (3) U1` of a public record ihe preparation for_prosecution or defense of litigation, or claims settlement by the parties to such action, or the attorneys representing the parties. Custodian.V he official custodian or any autho- rized person hiving personal custody and control of public records. Mechanical processing/Any operation or other procedure which is transacted on a machine, which may include but is not limited to a copier, computer, recorder or tape processor, or other automated device. j Media. The physica material in or on which records maybe stor, /or represented, which may include but is not 1�united to paper, microform, disks, diskettes, optioal disks, magnetic tapes and cards. r' Official custodian. 1he chief administrative officer or any other/officer or employee of a public agency who is res; onsu e for the maintenance, care, and keeping of public records, regardless of whether such records are in his actual personal custody and co trol. The, "official custodian" of this city shall belthe CityManager, whose mailing address is City Hall, Paducah, Kentucky 42001. Person. A human being who makes a request for inspection ;of public records. Prescribed fee or fee. The fair payment required by the city for making copies of public records and for mailing 011ublic records, which shall not exceed the actual cost thereof and shall not include the cost of req"/ ired staff time. Public agency. The City of Paducah, including its legislative body and every officer, department and division of the city; every entity created by authorirty of the city; any board commission, comm ttee, subcommittee, ad hoc committee, ad- v sory committee, council or agency -created and contolled by the city; and any interagency body in which the city participates, CD2:53 v records. All books, papers, maps, photo - cards, tapes, discs, diskettes, recordings, Agenda Action Form Paducah City Commission Meeting Date: July 23, 2013 Short Title: 2013/20146Kentucky Governor's Highway Safety Program ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Capt. Don Hodgson Presentation By: Chief James Berry Background. Information: The Kentucky Office of Highway Safety, a division of the Kentucky Transportation Cabinet has competitive, discretionary grant programs that offer reimbursements to police agencies. Kentucky Office of Highway Safety has contacted the police department in regard to discretionary funds that are available and can be requested. In an effort to reduce unsafe driving behaviors and reduce collisions, the Paducah Police Department desires to submit letter to request funds in the amount of $5,000. These funds will be used to pay for officer enforcement overtime. If the Commission desires the Police Department to submit a request of funds, it must authorize and direct the Mayor to sign all application documents. If an award is offered it will be brought before the Commission for consideration. Goal:❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: Staff Recommendation: Approval Department Head City Clerk City Manager Finance MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION AND ALL DOCUMENTS NECESSARY FOR A GRANT IN THE AMOUNT OF $5,000.00 THROUGH THE KENTUCKY OFFICE OF HIGHWAY SAFETY FOR OFFICER ENFORCEMENT OVERTIME FOR THE PADUCAH POLICE DEPARTMENT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION I. The Mayor is hereby authorized to execute an application and all documents necessary for a grant through the Kentucky Office of Highway Safety in the amount of $5.000.00. Said grant funds shall be expended for overtime traffic enforcement for the Paducah Police Department. No local cash or in-kind contribution is required. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, July 23, 2013 Recorded by Tammara S. Sanderson, City Clerk, July 23, 2013 \mo\grants\poise-highway safety 2013-2014 -- $5000 Agenda Action Form Paducah City Commission Meeting Date: July 9, 2013 Short Title: Pecan Drive Zone Change Ordinance ®Ernergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin Presentation By: Stephen Ervin Background Information: Key Components: The applicant, Marleene Andersen, is requesting a Zone Change for 161 Pecan Court from R-1 (Low Density Residential Zone) to R-4 (High Density Residential Zone). This is a large parcel that has one vacant home on it. This zone change request was initiated because the Ophthalmology Group, currently located at 1903 Broadway, would like to construct a new 30,000 square foot medical office. Please see the attached preliminary development plan. Professional offices are principally permitted in the R-4 Zone, pursuant to Section 126-105 ( 1) (d) of the Paducah Zoning Ordinance. The property to the east of Ms. Andersen's property is zoned R-4. Therefore, this wound be a continuation of the R-4 High Density Residential zone, Ms. Andersen, through her attorney, has submitted various reasons why the proposed rezoning is in compliance with the City's Compreheasive Plan. They include: a The subject property is bordered on the Fast by R-4 zoning • The area mainly consists of schools and professional offices • Primary purpose is to provide medical care Other ancillary uses may be located inside the building, such as the retail sale of glasses & contacts and a food service area, similar to a Starbucks. Staff has advised Nis. Andersen's attorney, Mr. Philip Little, previously that these uses would be permitted, provided they are accessory to the principal use of the medical office. Site Data: Area: approximately 7,7736 acres Public Utilities: Adequate water and sewer service available. Public Services: Sanitation, Police and fire service available. Physical Characteristics: Largely vacant lot with a two-story rental home on the property. Development Plan: The Ophthalmology Group is proposing to construct a 30,000 square foot building for their medical practice. The building will have a partial lower level. 168 parking stalls are being proposed, which is adequate for this building. Upon approval by the Planning Commission, a final site plan wilt be submitted for review. Land Use Patterns: Several office, institutional and medical uses are located adjacent to the property or nearby, These include Heartland Physical Therapy, the Orthopedic Institute of Western Kentucky, WKCTC, Wyndsor Square, Colgan Orthodontics, Purchase Cancer Group and the Baptist Rehabilitation Center. The area also has Heartland Worship Center, a duplex and single-family homes in the vicinity as well. Adjacent Properties: North: Pecan Drive ---across Pecan are single-family homes. East: A duplex and office building. These properties are zoned R-4 (High Density Residential) South: Alben Barkley Drive ---across Alben Barkley is the WKCTC. West: Pecan Drive—across Pecan are two vacant parcels, Colonial Drive and one single-family home. Zoning: R-1 Low Density Residential on the North, South and West, R-4 High Density Residential on the East. The parcel is proposed to be changed to R-4 as follo«,s: See. 126-105. High Density Residential Zone, R-4. The purpose of this zone is to provide an area that will combine compatible residential and business uses in such a manner that it will buffer low-density residential property from high density and commercial uses. (1) Principal permitted uses. a. Any use permitted in the R-3 zone b. Multi -family dwellings C. Nursing homes and tourist homes d. Professional office buildings (yard requirements for office buildings shall be the same as the B-1 zone requirements) e. Day-care nurseries f. Cemeteries g. Bed and breakfast h. Places of worship i. Any other use not listed which, in the Commission's opinion, would be compatible with the above uses in the R-4 zone. (2) Conditionally permitted uses. a. List of uses. 1. Commercial greenhouses 2. Funeral homes 3. Home occupations 4. Hotels or motels 5. Beauty shops and barbershops 6. Mobile home parks. b. Board of Adjustment approval. The conditionally permitted uses listed above shall be considered as business uses and shall meet the requirements of the B-1 zone. All plans will be submitted to the Planning Commission prior to Board approval and the Commission shall require such conditions as are necessary to maintain the character of this zone. The Board may grant dimensional variances to businesses when lot requirements cannot be met (3) Single- and two-family dwellings. Single-family dwellings and two-family dwellings shall comply with the requirements of the R-3 zone. (4) Multi -family dwellings and town houses. a. Minimum yard requirements. 1. Front yard: 25 feet. 2. Side yard, each side: Six feet. 3. Rear yard: 25 feet. b. Minimum area requirements. 1. Minimum lot area, per unit: 2,000 square feet. 2. Minimum lot width: 50 feet. C. Maximum building height. None. d. Public parking area. Same as section 126-104(5)x. Findings required for map amendment: KRS — 100.213 Before any map amendment is granted, the Planning Commission must find that the map amendment is in agreement with the comprehensive plan, or in the absence of such a finding, that one or more of the following apply and such findings shall be recorded in the minutes and records of the Planning Commission and City Commission: That the existing zoning classification given to the property is inappropriate and the proposed zoning classification is appropriate; or That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the comprehensive plan and which have substantially altered the basic character of the area. Staff Analysis — The majority of the area proposed to be re -zoned is in compliance with the Future Land Use Map, The Future Land Use Map shows the area to be zoned "Business Park". Future Land Use Map: The City of Paducah Future Land Use Map shows the location as being zoned "business park", not low-density residential. A professional business office is a principally permitted use in the R-4 Zone. However, the Future Land Use Map was generated before Pecan Drive was re- aligned. Approximately one acre of land on the east side of Colonial Drive was slated to remain `suburban This area is now contained in the island that the Ophthalmology Group would like to construct their office on. The Planning Commission made the following finding of facts to rezone this approximate acre as follows: • Changes of an economic nature have occurred, as the realignment and widening of Pecan Drive has generated economic development. • The Orthopedic Institute of Western Kentucky recently constructed a 41,407 square foot medical building at 4787 Alben Barkley Drive. Other medical uses as outlined above are nearby. • Pecan Drive turns into Village Square Drive at James Sanders Boulevard. Over the past four years, three new medical facilities and two new restaurants have been constructed in this area. As the "mall" end of Pecan Drive continues to grow, more citizens of the heavily -populated Lone Oak area will continue to use Pecan Drive to access the Regional Trade Center. As this trend continues; office, medical and perhaps smaller scale retail can be expected on the WKCTC end of Pecan Drive. Planning Commission Recommendation: Recommend R-4 High Density Residential to the Paducah City Commission Staff Recommendation: Staff recommends approval for R-4 High Density Residential Zoning as the majority of the proposed zoning designation is in compliance with the Comprehensive Plan. Further, the approximate acre designated as `suburban" on the future land use map should be rezoned to R-4, based on the above findings of fact that the area has experienced major changes of an economic and physical nature, pursuant to KRS 100.213. Funds Available Motion; Attachments: Account Name: N/A Account Number: N/A Planning Commission Resolution Zone Change Map/Development Plan Finance Agenda Action Form Paducah City Commission Meeting Date: July 9, 2013 Short Title: Noble Park Pool Engineering Change Order 91 Ordinance ® Emergency ❑ Municipal Order ❑ Resolution ❑ Motion ❑ Staff Work By: Mark Thompson Presentation By: Mark Thompson Background Information: The original contract for the Noble Park Pool engineering with Florence & Hutcheson was authorized for $98,700, Ord.2011- 11-7881. However on May 8, 2012 the City chose to add the replacement of the baby pool as a portion of the project increasing the contract to $143,200.00, Ord.2012-5-7920. The scope of the engineering has changed considerably as the project has continued. It became necessary to bid the project into three bids rather than two after the first bid came in a great deal over budget. The re -bids however saved over $65,000 but required additional services for the coordination of three onsite contactors and the two re -bids themselves. CO 91 totals $40,995 for services through June increasing the contract with Florence & to $184,195.00. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods[] Restored Downtowns Funds Available: Account Name: Noble Park Pool Project Account Number: PA0095 Staff Recommendation: Approval Attachments: Invoice 11284-16 MINT Department Head City Clerk FkF=inance Agenda Action Form Paducah City Commission Meeting Date: July 9, 2013 Short Title: Noble Park Pool Concession Change Order 91 Ordinance ® Emergency ❑ Municipal Order ❑ Resolution ❑ Motion ❑ Staff Work By: Mark Thompson Presentation By: Mark Thompson Background Information: The original contract for the Noble Park Concession construction with Midstates Construction., Inc. was authorized for $139,607.00. However it became necessary to remove an old asbestos water tank from an existing storage room. The options for removal were to cut the tank up exposing friable asbestos and carry it through existing openings or to make a hole in the wall and remove the tank without exposure issues. The second choice was used as this was the safer and least expensive option. Change Order 91 was required to accomplish this removal. CO 91 totals $15,727.61 increasing the contract with Midstates Construction to $155,334.61. Goal: ❑Strong Economy ® Quality Services[] Vital Neighborhoods[] Restored Downtowns Funds Available: Account Name: Noble Park Pool Project Account Number: PA0095 Staff Recommendation: Approval Attachments: Change Order # 1 MI -IT Department Head City Clerk City M r Finance Agenda Action Form Paducah City Commission Meeting Date: July 9, 2013 Short Title: 2013/2014 Kentucky Household Hazardous Waste Grant Award ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Mike Orenduff, Pam Souder, Chris Yarber, Pam Spencer, Cheryl Meadows Presentation By: Steve Ervin Background Information: The Kentucky Division of Waste Management, through the Household Hazardous Waste Award Program funds cities across the commonwealth for annual clean-up days. This grant award program provides a partial reimbursement for the expenses incurred by the city for the disposal and advertising/education of Spring Clean-up Day. For the past 23 years, this project has been a collaborative effort between the McCracken County Fiscal Court and the City of Paducah, this past year over 709 residents, 483 (68%) county and 226 (32%) city. Through Municipal Order #1707 the Engineering/Public Works and Planning Departments submitted an application for the 2013/2014 -Kentucky Division of Waste Management -Household Hazardous Waste Award Program on March 12, 2013. The City as Lead Agency/Fiscal Agent has received an award of $30,000. This funding requires a local match of $9,000 to be divided between equally between the city and the county. The City's share of the local cash match, as in previous years will be paid through the Engineer/Public Works 2013-2014 Budget. This award requires an Inter -local Agreement to be signed by the City and Fiscal Court If the Commission desires to accept this joint award, it must authorize and direct the Mayor and/or Mayor's designee to execute all required application documents. Goal: ®Strong Economy ® Quality Services Funds Available: Account Name: Account Number: Project Number: Staff Recommendation: Attachments: ❑ Vital Neighborhoods ❑ Restored Downtowns Department Head City Clerk City Manager Finance Agenda Action Form Paducah City Commission Meeting Date: 7/23/13 Short Title: Management Agreement for Information Technology Services ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Greg Mueller and John Hodges Presentation By: Greg Mueller Background Information: The City of Paducah and Joint Sewer Agency jointly fund and manage Information Technology (IT) services. The attached agreement identifies the responsibilities of both participating agencies. Goal: ❑Strong Economy IZ Quality Services❑ Vital Neighborhoods[] Restored Downtowns Funds Available: Account Name: Account [dumber: Finance Staff Recommendation: Authorize the Mayor to execute an agreement for the management agreement. Attachments: "Management Agreement between the City of Paducah and Paducah McCracken County Joint Sewer Agency for Information Technology Services" Department HeadCity Clerk City Manager Management Agreement between the City of Paducah and Paducah McCracken County Joint Sewer Agency (JSA) for Information Technology Services The above-named patties are local units of government and desirous of serving the citizens of the City in an efficient and effective manner through cooperative and collaborative arrangements that avoid redundancies and makes full use of existing resources. The parties, therefore, entered into this agreement to fund and manage Information Technology (IT) services. The IT staff shall: 1. Be supervised directly by and report directly to the Director of the City Information Technology Department. 2. Maintain data, voice, and other telecommunications network hardware and software. 3. Provide computer and telephone support for end users as directed. 4. Perform other duties as required or assigned by the City Information Technology Director. II. The City of Paducah shall: 1. Be the employer of record for the IT staff and provide all compensation and benefits. 2. Provide office space and necessary office equipment and supplies for the IT staff. 3. Direct and supervise IT staff in conjunction with the Joint Sewer Agency on IT work performed for the Joint Sewer Agency. 4. Designate the City Information Technology Director as the primary point of contact for JSA for work to be performed by the IT staff. 5. Designate the City Information Technology Director as the responsible party for ensuring IT staff work is shared accordingly. III. JSA shall: 1. Through their Executive Director or another JSA Employee designated by him coordinate with the Director of Information Technology to establish work priorities and job scheduling. 2. Compensate the City of Paducah S 17,600 annually for a percentage of IT salary and benefits. The $17,600 amount is based on JSA's percentage of total IT work orders (4%) multiplied by the projected FY2014 budget for IT salaries and benefits ($440,000). 3. JSA's compensation to the City of Paducah will be adjusted annually based on the Cost of Living Adjustment (COLA) given to City non-union staff. 4. Compensate the City of Paducah $8 per month per JSA computer connected to the City's data network. 5. Compensate the City of Paducah $16.50 per month per JSA telephone connected to the City's voice network. V. Turnover & Term: 1. Any of the 2 parties may withdraw from this agreement after giving 6 months written notice to the other party. Executive Director, JSA Date John C. Hodges Mayor, City of Paducah Date Gayle D. Kaler Agenda Action Form Paducah City Commission Meeting Date: July 23, 2013 Short Title: ROOF STABILIZATION ASSISTANCE PROGRAM Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin Presentation By: Stephen Ervin Background Information: The intent of this agenda item is to adopt an ordinance establishing the Roof Stabilization Assistance Program. Property owners within a defined area (Map#L) will be eligible to apply for financial assistance that shall not exceed 50% of the construction costs or 50% of the fiscal year stabilization funds. Impetus for the program comes from the realization that roof stability is key to preserving building assets in the program area. The ordinance directs the Director of Planning to administer the program and grants authority to the Urban Renewal & Community Development Agency (URCDA) to oversee the allocation of funds up to $50,000. The Ordinance further defines procedures for emergency roof repair by the City of Paducah. The City Commission shall review all emergency roof repair requests in excess of $20,000. Funding for this program was proposed and approved the in the 2013/2014 City budget. The amount of $50,000 was appropriated from the investment fund. Approximately $85,000 will be transferred from the former fapade loan fund, resulting in a total of $135,000 available for the first year of the program. Funds Available Motion Attachments: Account Name: Roof Stabilization Account Number: 040-4411-592.23-07 Finance ORDINANCE NO. 2013 -8 - AN ORDINANCE ESTABLISHING AND APPROVING THE ROOF STABILIZATION ASSISTANCE PROGRAM AND AUTHORIZING THE DIRECTOR OF PLANNING TO ADMINISTER THE PROGRAM AND PROVIDE FINANCICAL ASSISTANCE TO ELIGIBLE APPLICANTS FOR REPAIR OF DEFICIENT ROOFS IN THE PADUCAH DOWNTOWN HISTORIC DISTRICT. WHEREAS, the City of Paducah has charged itself with the responsibility of overseeing the proper and orderly development or redevelopment of vacant, orphaned, or underutilized commercial properties located within its corporate boundaries and of insuring the integrity and quality of its existing historic commercial district; and WHEREAS, the City of Paducah's economic well-being is related to and dependent upon, sustained growth of its tax revenue base through the proper and orderly development or redevelopment of vacant, orphaned, or underutilized commercial properties located within its corporate boundaries; and WHEREAS, the City of Paducah proposes to stabilize downtown buildings located within the National Historic District; and WHEREAS, the repair, stabilization, or replacement of roofs within the historic downtown will protect the historic built environment and will reduce further decline and which may lead to greater expenditures by the City of Paducah through demolition; and WHEREAS, the City of Paducah desires to commit funds for the establishment of the Roof Stabilization Assistance Program (the "Program"), which will be utilized to accomplish the goals of the City of Paducah by providing funds to eligible applicants for the purpose of roof replacement or roof stabilization in the Downtown Historic District; and WHEREAS, this Program will encourage roof stabilization of residential and commercial properties located in the Downtown Historic District where infrastructure and services are in place and promote quality commercial redevelopment consistent with the character of the adjacent structures. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: ARTICLE I Section I Title 1.1 This ordinance shall be known and may be cited as the 'Roof Stabilization Assistance Ordinance of the City of Paducah". Section 2 Purpose 2.1 This ordinance is intended to establish and facilitate roof replacement and roof rehabilitation by property owners within the Downtown Historic District (Map #1) to combat roof problems that endanger the general health, safety and welfare of the of the inhabitants and visitors to the area within the Historic District that has been placed on the National Registry. Section 3 Definitions 1 Project Manager, The Director of Planning or his designee. 3.2 Roof Stabilization. The restoration of a deficient or substandard roof to provide a water tight roof system free of leaks including all necessary flashing, decking repair, rafters, gutters, downspouts, and roof/attic ventilation to ensure the longevity of the roof system. 3.3 Qualified Roofing Contractor. A contractor that has been approved by the Department of Planning and has installation certification from the manufacturer. 3.4 URCDA. Urban Renewal and Community Development Agency Section 4 General Provisions 1 Eligibility a. Applications for a grant under the Program will be reviewed by the Project Manager upon the criteria outlined herein to determine eligibility. b. All property receiving the financial assistance under the Program shall be located within the Downtown Historic District (Map #1). c. Program parameters include: The Program will target structures in need of roof stabilization. 2 1 11hird rmny conwm-tit�n csdrma.tcby a qwdificd roOfte camrKwr owd ownwst, it i-pf finawlal Al if"y wt ccirriplac the prq�--,,Ct m"d i fX1 rulpim'd, 3. f;'aAj gram[ AMI not exce"I 50% o( the lowl (-xjf, swNfimficwt alm or 5wk of Wds allm'AuN.1 to tht PT gram. forqw, blidpa )vmf. 4, A f.�Jty t,:4' Padtwah kver or fiftamia.l. Will bt given. to qw, i-wvucr upot.). final approval (-A'the grafm byl,.FMCDA, wx-4 imprE-wenu:.,MN Alall ifwiudcNut kICA lia-Awd. ux a waull- tight, v- ilainable J�ak Ntkd , systern, 6, Ad York sfal I nwet or excccd if Ousu.-y sl'ardaul-'s WT W re, f'raj rh v p I a u rrvrft - and c (ma p I y -w i i h a 1. 1 � p p I "b I c h u i I d. i mg ccid ScTtkm 5 Admlaktr4cm 5,1 ON a The prqjccl. N - f&1cwiag dutjc.s: , t a rl a r , h a I I pw�f f0 n i i I h -,L L of the neummuy applWA.5, a :Ulrmrtary i. -)f dw cfmmmi! Fri ans-? v, I h 0. "11 i,� and R.- gpi f.aw j oft k po-ograry.), arl d $:wit (Af fet fixvils to 1w euxuled in (fie pragracm 'llie app -T-riatc 1:4wuxs .shall it-w1mle. -,&,prig with cthet dara deornod appmp&wl h1cw4 A-,iistance, aml d�:t,J I Ravics, the cligibilily OF thy! a1ppl,4-ant bx�wd oa. flw cwdinanu, rev �cw- the data prLcwA-,,d cm due fbmn� fv,,qui.rcd u� fraa cif tai °. app flic."Ji4ya pmw%��dl,fw wtiJ atAA� a m"mmm-mlation u.,-, Ow UIRCI)A., 4, Ntiinu;ja, ! list p,m,t wcwk ;Nrfarnw-d, 5, Dewmirw whclffief the ffopcesaf WoAto he pt.xfffrawd nw-u-ts 31,021 pufaawter,; of (fli,; ald w+w4her tlx COM to lhat wc.irk b� rm` xsfjahle. S30 dctj�m.n.imokm A-uAl be in Wog ami hafl of 151C lis pa.m Cf aw, C,Cmdlxfl. appruepri-az, of ow vv, ,.-wt Kwing, eji--ofuc and, WNu -aV - rflii -ig the �, sa-04,K-u-trily ex 1pk-wid, i-,wa? a cif emil , rtcte, t�aril d ite dl! ct;: - a il", K :a I i wl, I - A y o 11 j,4, ccll i rl A I I N,� k C. [,,li pari CA, 111. t� fill;:. 5.2 Funding a. The City of Paducah may make annual budgetary appropriation as it deems necessary to fund the program established by this ordinance and the administrative costs associated therewith. Section 6 Procedures for Making Application, Review and Approval 6.1 Application a. Applications will only be accepted after a Request for Application public notice has been published in the Paducah Sun. Third party construction estimates and proof of financial ability from a qualified financial institution will be required. b. Applications and other required forms shall be made available at the Department of Planning. Technical assistance shall be available from that office to assist applicants in completing and submitting an application. There shalt be no fee for filing an application. 6.2 Review a. The Project Manager shall determine the completeness of the application. Incomplete applications will not be processed. b. Upon a determination of completeness, the Project Manager shall make a determination as to whether the applicant meets the eligibility criteria under the Program. c. Upon a determination that the applicant is eligible under the Program, the Project Manager shall forward the application to the Urban Renewal & Community Development Agency (URCDA) for consideration. d. The URCDA will review rankings in accordance with the following criteria to determine applicant's eligibility, 1. Urgency of roof stabilization. 25% 2, Contributing structure on the National Register of Historic Places. 25% 3. Historic relationship to adjacent structures. 25% 4. Capital commitment of owner to rehabilitate remaining structure. 25% e. URCDA will have the authority to approve al I projects that do not exceed $50,000 in roof stabilization funds. Projects in excess of $50,000 of roof stabilization funds will be forwarded to the City Commission for approval. C. Grant awards will be given based on availability of funds. 4 6.4 Property Owners Obligations upon Grant Approval from the City of Paducah. Property Owner shall deliver to the Project Manager the following documents in fully executed form: a. A duly executed contract between the Property owner and the approved contractor outlining the roof work to be performed, the cost to be incurred, including an amount for retainage to assure the acceptable completion of the construction, and the time of performance. This contract must be reviewed by, and acceptable to the Project Manager. b. Any other documents which may be requested by the City of Paducah upon approval. 6.5 Disbursement of Grant. a. Subject to the terms and conditions hereinafter provided, the property owner shall be entitled to draw proceeds from the grant when 100% of rehabilitation work has been completed. Under no circumstance will funds be advanced. However, notwithstanding the foregoing, disbursement shall only be made when the following condition precedents shall have been satisfied: The Property Owner shall submit for the Project Manager's review a written request for reimbursement. The written request shall be signed by both the approved contractor and the Property Owner. 2. The Property Owner shall provide to Project Manager a certification executed by the approved contractor which shall certify the aforesaid costs incurred in the construction process have been paid in full. 3. At the request of the Project Manager, the Property Owner shall provide to Project Manager interim mechanics' or materialmen lien waivers to be executed by the approved contractor, subcontractors, materiahmn and/or their employees or agents. 4. The Project Manager has verified that the construction is in accordance with building and construction plans and specifications. 5. The Property Owner has complied with the teens of this ordinance. b. In the event all of the foregoing condition precedents are fully satisfied, the Project Manager shall within ten (10) business days following date of request remit directly to the approved applicant the permitted amount of draw. c. In the event all of the foregoing condition precedents are not fully satisfied, the Project Manager shall have the right, at his discretion, to refuse the request in total until such time as all condition precedents are satisfied, or pay such portion of the request that the Project Manager deems appropriate. Additionally, the Project Manager shall have the right to pay the grant proceeds directly to any creditors who have provided labor or materials for the construction or the rehabilitation work, which payments shall be deemed for and in behalf of the Property Owner and as a part of the grant hereunder. The Project Manager's determination shall be binding and final upon the Property Owner and the approved contractor. 6.6 Issuance of Certificate of Completion. Following completion of the work, the Project Manager shall inspect the roof and structure and certify whether or not the work has been satisfactorily completed. If the work is sufficient, a Certificate of Completion shall be issued. 6.7 Emergency Roof Stabilization a. If it is determined by the Program Manager after review by the Deputy Fire Chief that a structure is in need of emergency roof stabilization, the Program Manager may utilize Roof Stabilization Assistance Program funds for the stabilization of the roof. The Program Manager shall review the following criteria to determine project eligibility. 1. The structure is located with the program area (Map #I). 2. The structure is a contributing structure on the National Register of Historic Places. 3. Without Emergency Roof Stabilization, the roof would be in danger of collapse. 4. Without Emergency Roof Stabilization, the roof would further decay resulting in increased demand for utilization of the Roof Stabilization Assistance Program funds. b. The City Commission shall review Emergency Roof Stabilization projects in excess of $20,000. c. The city shall have the right to assess against the property owner all costs incurred by the city in the completion of the necessary repairs, and, additionally, the city shall have a lien against the property benefited by the repairs. ARTICLE II If any section, subparagraph, sentence, clause or phrase of this Ordinance shall be held to be invalid, such decision shall not invalidate the remaining portion of this Ordinance. ARTICLE III All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed. ARTICLE IV This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. MAYOR ATTEST: City Clerk Introduced by the Board of Commissioners, 2013 Adopted by the Board of Commissioners, 2013 Recorded by City Clerk, 2013 Published by The Paducah Sun, 2013 _ '1�� 1, ..5' ��� kx '{�'�!'�'�•'�`"+� s - x *� 5i'��} ilk ik'fL� r 5'S 1 4(A pv fa}�'gyp-- _ + Y �'�/' •Yf�k_,Sk`". � •� � d �� � �,per F �l •.� #` 4 �YY Y� 4 Y �{y �_ �ti _ _ _ *� p } "� i' � �. •y .l;� 1 ;i• .f y y �F �1 t OF 0, P"f y,, ♦ ' ' " 5�Yll 41 Pb ti _ rt Agenda Action Form Paducah City Commission Meeting Date: July 23, 2013 Short Title: Purchase of Three (3) Ford Police Interceptor Vehicles for use by the Police Department utilizing the Kentucky State Contract ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, Engr-Pub Works Proj klgr Neal Ford, EPW Fleet Supervisor Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Randy Crouch, EPW Maintenance Supt. Background Information: In accordance with the adopted budget, 3 new Police Interceptor pursuit vehicles for use by the Police Department were authorized to be purchased utilizing the Fleet Lease Trust Fund. The authorized Kentucky State Contract vendor for the 2013 Ford Police Interceptor vehicles is Crossroads Ford Lincoln, Inc. in Frankfort, KY, who quoted a price of $90,707.01 for the three police vehicles, which is $30,235.67 per vehicle. This amount is within the proposed budgeted amount of $93,000. The Kentucky Master Agreement number is MA #758-1200000522-1 Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Rolling Stock/Vehicles Fleet Lease Trust Fund Account Number: 071-0210-542-400ef; Staff Recommendation: '71y-z0L3 Finance To authorize the purchase of three (3) 2013 Ford Police Interceptor vehicles for use by the Police Department from Crossroads Ford Lincoln, Inc., at the total quoted price of $90,707.01. Attachments: Quote Pd Departnt City Clerk City Manager I ORDNANCE NO. 2013 -8 - .AN ORDINANCE AUTHORIZING THE PURCHASE OF THREE (3) 2013 FORD POLICE NTERCEPTOR VEHICLES FOR USE BY THE PADUCAH POLICE DEPARTMENT WHEREAS, these vehicles are available under State Contract No. MA 758- 1200000522-1, 58- 1200000522-1, and competitive bidding is not required. BE IT ORDAINED BY THE CITY OF PADUCAH. KENTUCKY: SECTION L That the Finance Director is authorized to pay the total sum of 590,707.01 to Crossroads Ford Lincoln, Inc.. for the purchase of three (3) 2013 Ford Police Interceptor Vehicles for the City of Paduealfs Police Department, in compliance with Kentucky State Publishing Contract. SECTION 2. This purchase shall be charged to the Rollin-, Stock/Vehicles-Fleet Lease Trust Fund Account -071-0210-542-4005. SECTION 3. This ordinance shall be read on two separate clays and will become effectise upon summary publication pursuant to KRS Chapter 424. Mayor ,kJ TEST: Tammam S. Sanderson. City Clerk Introduced by the Board of Commissioners. July 23. 2013 Adopted by the Board of Commissioners. August_ 2013 Recorded by Tammara S. Sanderson. City Clerk. Anwst 2013 Published by The Paducah Sun. ordApwork>Atehteles — potice interceptors 2013 8-2013 F?6/02/2013 22:06 5137322868 FLEETSHAR5PRO PAGE 02/04 Date; 6/6/13 To; Neil Ford Crossroads Ford Lincoln, .Inc. 1070 Versailles Road - Frankfort; & 40601 roll Free 1-855-545-0196 Fax 1-513-732-2868 Email: crossroods0flestsharepr'o, cam Paducah Police Department Paducah, 0 Phone; 270.444.9569 Fax; Email: SALES QVOTATlON We are pleased to quote the following per the Commonwealth of Kentucky Master Agreement #758-1200000522.1 MECHANICAL a Alternator- ZZOAmp ■ Auxiliary Transmission Oil Cooler s Battery - H,D, malntenance-free 7BA/750 CCA • 8rRke9 - d-Wheel,Heavy-Duty Disc w/H.O. Front and Rear Calipers ■ Column Shifter - vinyl molded•btack shift know • Drivetrain - All-Wheol-Drive • Dual Exhaust - QUASI ■ Electric Power Asslst Steering (EPA$)- Heavy -Duty • Engine -- 3,5L V6 TI -VCT FFV1 (Note: FFV is not available on the EcaBoost" engine) a Englnc Hour Meter • Engine Oil Cooler a Fuel Tank- 19,DgallonsiT a Independent grant Suspension with Front And Rear Stabilizer Oar a Transmisslon - 6 -Speed Transmission EXTERIOR - Deckild - Cylinder lack a Door Handles - Painted Slack a Front Door"lock Cylinders (Front Driver/Passenger) a Glass - Solar -Tinted a Grille - Olack I HeAdllghts - Projector Halogen ■ Mirrors - Black Caps (MIC), Power Electric Remote, Manual folding with Integrated Blind Spot Mirrars (integrated blind spot mirrors not Included when equipped with BLIS4) a Nameplate Badging - "Police Interceptor" and "Road Leaf" FFV Badging a Roof Mount Antenna a Tail LAMPS - Halogen with Halogen Deckild Lamps - Tires — 245/555111e A/S SSW — Wheels -18" x B" painted black stool with Wheel Hub Cover -- gull Size Spare Tire PMS/5511118 A/5 BSW — Full site 18" Spare w/TPMS - Underbody Deflector INTCRIOR / COMFORT • Climate Control - Single Zone MAnual ■ Console Mountinp Plate -- Black a -Coat a Door Locks Power -- Rear Door Handles and Locks Operable ■ Floor - Heavy•Outy Thermoplastic Elastomer ■ Grab Handles - (1- Front passenger side) a Pedals -- Power ad)ustable - Powarpolnt<- Z located In 1/9 lower close-out ■ Red/White Dome LRmp -1st Row a Scuff Plates -- Front & Rnar INTERIOR / COMF0nT (Contlnued) ■ Seats — 1st Row Heavy -Duty Cloth Aucket — 6 -way powerdrlvar (man reln, man lumbar) with 1 -way manual passcnP.er (man rcln, no iurnbar) — Built-in steel latruslon plates In both front-seatbaelcs — Znd row VInylOle nch -- 2nd row door -panels - slrnpnfled, no pockets or door Spenken, easy clean surface • Speedometer - Calibrated • Steering wheel-. Manualf`f t, Urethane Wrapped with Speed Controls / Audio Controls - Stange - Overhead Console with dome,/map lights and sunelass holder ■ Sun visors - Ncr%.Illuminated Driver/PaSSenper • Trunk - Flat Laid Istoor ■ Universal occipmentimV atop Instrument panel {ideal for radar and other police equipment) -Windows Power, 1 -touch Up/Down Driver-51de — Window tlWbic lock, Znd Row — Power Rear Windows Driver Switch Only SAFETY & SECUAITY a AdvanceTraca w/ESC° (Elettronle Stebnity Control"I w/Hydraulic Brake Asslst ■ AlrbaP.s Front Airbags -- Side-ImpactAlr8ag5 Safety CArtoaya with rollover sensor • Anti -Lock Brakes (ABS) with Traction Control ■ Battery Save+featureM - Belt-Minder"(Front DrlverJPassenger) - LATCH (Lower Anchors and Tethers for Children) system on rear outboard seaVocatlons - SOS Post•Crash Alert System'" a Tire Pressure Monitoring System (TPMS) FUNCTIONAL - Easy Fuel* Capless Fuel -Filler ■ Front door tather straps (Driver/Passenger) • MyFard'" Police Cluster - AM/FM/CO / MP3 Capable / Clock/ 4 spelkers - 4,2" Color GCD Screen Center Stack "$mart Dlsplay" 5 -way SteVing Wheel Switches, Redundant Controls • Power plg'al 'farness - Simple FleetKey (wIo mlttachip, easy to replacel • two-wAV radio pre -wire a Wipers - Inlafmlttent fixed interval Please fax quotation and copy of your purchase order to our government sales office at 1-513.732-2866. Within 3-5 business clays you should receive an order conformation from our officeto confirm your order. If not, please contact our sales office at 1.855.545-0196. Thank you, Dave Trimpe Government Sales Crossroads Ford Lincoln, Inc. 1070 Versailles Road Frankfort, KY 40601 0,6/02/2013 22, 06 5137322868 FLEETSHAREFRD pAG6 03/04 {,fit -y_ Code Item # Description Each Total 3 P2M 1000.00 2013 Ford Police Interceptor Sedan AWD 3.5L V6 Ti -V0 Engine $22,739.24 $68,217.72 3 13P 1000,06 Front Heodlomp/Housing Only - Two (2) Predrilled Side Marker Holes For $120.00 $360.00 LED Lights 3 153 1000,14 License Plate Bracket - Front $0.00 $0.00 3 13C 1000.15 Dark Car Feature - Courtesy Lamp Disable $35,00 $105.00 3 96E 1000,17 Side Marker LED Fender Lights $265,00 $795,00 3 516 1000.18 Pre -Wire for Grill Lamp, Siren and Speaker $35,00 $105.00 3 210 1000,19 Spot Lamp - Ariver's 5ide Incandescent Bulb $210,00 $630,00 3 64L 1000,29 Wheel Covers Full $60,00 $160.00 3 77B 1000,31 Rear View Camera - r=lectrochromotic Rear View Mirror $240,00 $720,00 3 186 1000.36 Rear Door Handles Inoperable / Locks Inoperable $35,00 $105.00 3 549 1000.48 Mirrors - Heated 5ideview $85.00 $255.00 3 60P 1000,50 Remote Keyless Entry Key Fob w/o Keypad $255,00 $765.00 609 DEL 1000,57 Delivery Charge Outside 50 Mile Radius of Frankfort, KY $1,45 $883.05 3 UPF 1000,64 Vehicle. Upfit: Per City of Paducah's Equipment Specifications $5,862,08 $17,586.24 Total Cost $90,707.01 Please Indicate Vehicle Color 5elction Below AQ Arizona Beige Metallic • LS Light Ice Blue Metallic BU Medium Brown Metallic • MM Ultra Glue Metallic H6 Smokestone Metallic • TM Light Gray J1 Kodiak Brown M0ollic • TN Silver Grey Metallic JL Dark Toreador Red Metallic UA Ebony KR Norsea Blue Metallic • UJ Sterling Grey Metallic LK Dark Blue UX Ingot Silver Metallic LM Royal Blue YG Medium Tihanium Metallic - LN Light Blue Metallic - X YZ Oxford White • Additional Charge Requires Option Code #N5P (1000.51) Nan -Standard Point Color $125.00 Please fax quotation and copy of your purchase order to our government sales office at 1-513.732-2866. Within 3-5 business clays you should receive an order conformation from our officeto confirm your order. If not, please contact our sales office at 1.855.545-0196. Thank you, Dave Trimpe Government Sales Crossroads Ford Lincoln, Inc. 1070 Versailles Road Frankfort, KY 40601 06/02/2013 22:06 5137322868 FLEETSHAREPRO PAGE 04/04 06-04-'13 09:00 FROM -ENG -Public Works 1-270-444-8650 T-584 P0002/0002 F-026 Auxiliary Equipment for Ford IntercePtars The following installed: I ➢ Whelen Liberty LED light bar, red and blue (clear lenses) with traffic advisor ✓➢ 10OW speaker mounted behind grille ➢ Jotto Desk Console model #425-6174 f ➢ Jotto Desk Cup Holder model #425.3704 J > Jotto Desk Arm Rest model #425-6411 J ➢ Setina Model 7.0 -XL Partition (XL series with horizontal sliding window) ➢ Pro -Gard rear seat ➢ Mastercom Siren model #389226 �( z Flashing Headlamps (wig -wags) 68d OWL 05 - SID >J$A Ad XO DDnl6 4 Ilat", f ➢ Flashing LED's mounted In backup lamps �➢ Charge Guard model #CG -1 J➢ Antenna and radio power wires ran to console ➢ Sound -off signal intersector lights - model #ENT2B3W - mounted on mirrors - white J ➢ Gamber-Johnson tall computer cradle -model 47160-0250.01 ➢ Gamber-Johnson universal adapter- 47160-0454 D lotto desk computer mount - #425-5599 J➢ Install L3 mobile vision DVR camera system (camera system will be supplied by the City of Paducah) Pard interpeptor Auxiliary Equlpm2nt Paducah Police Department "Community and Police Partnership" +1° Paducah Police Department Fleet purchases Currently meeting the replacement criteria for an "as needed" purchase: Out: In: 919 2013/14 drug detective vehicle 2013/14 drug detective vehicle 933 946 998 Total out: 4 Total in: 5* 2013/14 Patrol vehicle 2013/14 Patrol vehicle 2013/14 Patrol vehicle Our request is to purchase three Ford PPV's for use by the operations division. We also request the financial contributions made into the fleet fund to replace unit 919 be allocated to purchase two vehicles for use by the Drug and Vice Unit. We believe we can purchase two new or nearly new vehicles from local dealerships for 13K each that can serve as assigned vehicles for drug enforcement detectives. *These two vehicles (approximately the same cost as one unequipped Ford PPV) would then be added to the fleet trust fund and their annual replacement costs be paid at the smaller prorated purchase value. As of February 25th, the mileage of units requested to replacement are as follows: Unit 919- 88,576 miles Unit 933- 84,971miles Unit 946- 91,274 miles Unit 998- 88,450 miles be taken out of service upon Currently there are seven detectives and one supervisor assigned to the DAVE unit. The supervisor is driving a seized vehicle with 152K miles; one detective is operating a seized vehicle with 142K miles and another detective is operating a seized vehicle with 154K miles. Currently, only one detective in the DAVE unit is operating a vehicle purchased from the fleet plan. Submitted: Marchi, 2013 Assistant Chief Brandon Barnhill.�! 'k� Assistant Chief Stacey Grimes $ Police Chief James 0. Berr/ . 1400 Broadway . Paducah, KY — 42001 . 270-444-8548 . Fax: 270-444-8663 Agenda Action Form Paducah City Commission Meeting Date: July 23, 2013 Short Title: Purchase of Roll -Out Solid Waste Containers for use by the EPW-Solid Waste Division utilizing the Kentucky State Contract ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Chris Yarber, EPW Operations Mgr Pam Souder, EPW Admin Asst III Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E.. City Engineer -Public Works Director Background Information: The EPW-Solid Waste Division is in currently need of new 96 -gallon Solid Waste Roll -Out containers for distribution to the citizens of Paducah for solid waste pick-up. The authorized Kentucky State Contract vendor for this type of collection container is Toter, Inc., located in Statesville, NC. Toter has quoted a unit price of $45.85 for each roll-out, along with $2,000 for freight. An initial order of 1,048 green and 200 blue (ADA) Solid Waste Roll -Out Containers, including freight and stamp die charges will total $59,220.80. The 2014 FY Budget allocated $80,000 for the purchase of Solid Waste Roll -Outs and necessary accessories. Therefore, in order to allow the purchase of additional roll -outs, lids and fittings as required throughout the fiscal year, we are requesting that authorization be given to allow purchases from Toter, Inc., in an amount not to exceed the FY2014 Budgeted amount of $80,000. The Kentucky Master Agreement number is MA 758-1100000312-3 Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: EPW - Solid Waste ` Finance Account Number: 050-2209-531-42]J -18 �3 Non -Rolling Stock/Equipment - Other Staff Recommendation: To adopt an Ordinance authorizing the purchase of Solid Waste Roll -Out containers, along with lids and fittings, for use by the EPW-Solid Waste Division during the 2013-2014 fiscal year fron Toter, Inc., in an amount not to exceed the budgeted amount of$80,000. Attachments: Toter, Inc., - Quote Dep a ment I ad City Clerk City Manager ORDINANCE NO. 2013 -8 - .AN ORDI\ANCE AUTHORIZING THE PURCHASE OF ROLL-OUT CONTAINERS FROM TOTER. INC.. FOR THE ENGINEERINGPUBLIC lA ORKS SOLID WASTE DIVISION WHEREAS. the Engineering -Public Works Solid Waste Division is in need or neu 96-eallon roll-out solid m aste containers for distribution to the citizens of Paducah as required for solid rsaste pick-up: and WHEREAS. this equipment is available under State of Kenmck\ Master Agreement Number MA 758-1100000312-3. and, therefore. competitive bidding is not required: and WHEREAS. a unit price of 545.85 for each roll-out. along with 52,000 for freight. with a total price of 559.220.80. has been quoted: said WHEREAS. in order to allow the purchase for additional roll -outs. lids and finings as necessary throughout the fiscal year. t+'e are requesting that authorization he given to alloHpurchases in an amount not to exceed $80.000. BE IT ORDAINED BY THE CITY OF PADUCAH. KENTUCKY: SECTION I. That the Cit) of Paducah hereby authorizes the Finance Director to make payment to Toter. Inc.. for the purchase of roll-out refuse containers. lids and fittings for the 2013-2014 fiscal year, in an amount not to exceed the City's budgeted amount of $80.000. These containers still be used by customers ss ithin the City limits of Paducah sen'ed b\ the Solid \N ante Division. Engineering -Public Works Department. This purchase is made in compliance with the Kentucky State Purchasing Contract. SECTION 2. This expenditure shall be charged to the Solid Waste Fund replacement budget account (050-2209-531-4219). SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST Tammara S. Sanderson. City Clerk Introduced be the Board of Commissioners. Julv 23. 2013 Adopted by rhe Board of Commissioners. August . 2013 Recorded bs Tammara S. Sanderson. Ctrs Clerk. August . 2013 Published M The Paducah Sun. — \ord\p�orks\refuse-rollout containers 2013 quote #: 13-1444R1 Toll Free: (800) 424-0422 Date: 7/17/2013 Fax: (704) 878-0734 Sales Rep: Lori Cate SF}�pT Pr"epai•�dFa ..�. . T - , City of Paducah City of Paducah Pam Souder 1120 N. 10th Street 270-444-8532 Paducah, KY 420D1 psouder@paducahky.gov PRICING OFF KY STATE CONTRACT P�ite �_ t=xYPrice� 79296 Toter 96 Gallon - EVR 11 Universal/Nestable 200 $45.85 $9,170.00 Body Color - (709) Bluestone Lid Color - Standard Color (Black, Blue, Gray, Brown, Green) Toter Serial Number Hot Stamped in White on Front Body Hot Stamp on Both Sides in White - New Lid Hot Stamp - done Lid Insert - Toter Wheels - Standard 10" Sunburst Assembly - Lids Attached (lid, axle & stopbar installed) Warranty - 10 Year Unprorated (special exclusions may apply to non-standard options) 79296 Toter 96 Gallon - EVR 11 Universal/Nestable 1,048 $45.85 $48,050.80 Same Specs As Above Except: Body Color - (968) Greenstone Cine -Time Die Charge for idotstamp 1 $300.00 $300.00 Subtotal = $57,520.80 Freight = 2 $1,000.00 $2,000.00 Total = $59,520.80 Add Moral inform�tton * Freight: FOB Plant Payment Terms: Net 30 days after shipment, pending credit approval * Delivery: To be determined at time of order Due to an extremely volatile petrochemical market, actual prices and freight are subject to change and must be confirmed before acceptance of an order. Above pricing is based on orders placed in the quantitiesstated above. Orders placed for other than these quantities may be subject to additional freight and cost. Unless otherwise stated, container sizes indicated on safes literature, invoices, price lists, quotations and delivery tickets are nominal sizes. Actual volume may vary from nominal sizes. This proposal is subject to Wastequip/Toter standard terms and conditions. Quotation does not include any applicable taxes other than those specifically listed on this document. Toter, LLC : Accepted By: jev,a Cate Sales Account Executive City of Paducah Date (865) 279-4225 Icate@wastequip.com PO # Agenda Action Form Paducah City Commission Meeting Date: July 23, 2013 Short Title: Contract with Luther F. Carson Four Rivers Center ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Claudia Meeks Presentation By: Jeff Pederson, City Manager Background Information: As part of the Investment Fund Decision Items for FY2014, the Commission approved appropriation of funding for the Luther F. Carson Four Rivers Center in the amount of $66,685 When the City provides funds to any organization, we prepare a simple Contract For Services agreement that describes the public services the organization will provide as a result of receiving the city funds. Goal: ❑Strong Economy 121 Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: This expenditure was appropriated in the FY2014 Budget. Account Name: Investment Fund 7- 1(/-2-t)/3 Account Number: 004-0401-536-80614 Finance Staff Recommendation: Authorize the Mayor to enter into a one-time Contract For Services with the Luther F. Carson Four Rivers Center in the amount of $66,685. Attachments: Ordinance Contract Department Head City Clerk 4::�C`itanager ORDINANCE NO. 2012 -8 - AN ORDINANCE AUTHORIZING THE NIAYORTO EXECUTE A CONTRACT WITH THE LUTHER F. CARSON FOUR RIVERS CEN "PER. INC. FOR SPECIFIC SERVICES BE IT ORDAINED BY THE CITY OF PADUC:IH. KENTUCKY: SECTION I. That the Nlayor is hereby authorized to e,xecu[e a contract with the Luther F. Carson Four Rivers Center Inc. in the amount of $66,683. to be paid in quarterly installments of S 16.671.23 each, to provide an extensive youth performance schedule in continuing with their tradition of the 'Class Act' series. This contract shall expire June 30. 2014. SECTION 2. This expenditure shall be charged to the Ineesnnent Fund 004-0401-336-8061. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summ:n-y publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners July 23, 2013 Adopted by the Board of Commissioners. August . 2013 Recorded by Tammara S. Sanderson, City Clerk. August . 2013 Published by The Paducah Sun. _ \ordleenuact-Carson Center FY2013-2014 CONTRACT FOR SERVICES This Contract for Services, effective this day of , 2013, by and between the CITY OF PADUCAH ("City") and LUTHER F. CARSON FOUR RIVERS CENTER, INC. WITNESSETH: WHEREAS, Luther F. Carson Four Rivers Center, Inc. will bring quality entertainment and cultural enrichment to Paducah and McCracken County; and WHEREAS, promoting cultural enrichment quality entertainment and providing community - enhancing activities, in the Paducah area serves a valid public purpose; and WHEREAS, the City of Paducah desires to contract with Luther F. Carson Four Rivers Center. Inc. for the services to be described herein under the terms and conditions set forth in this Contract for Services. NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as herein set forth, the parties do covenant and agree as follows: SECTION I: TERM The term of this contract for services shall be from the effective date of the contract until June 30, 2014. SECTION 2: TERMINATION Either party may terminate this Contract for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT In consideration of providing a youth performance schedule and to carry out the objectives of Luther F. Carson Four Rivers Center, Inc., upon receipt of quarterly invoices, the City shall pay Luther F. Carson Four Rivers Center, Inc. the sum of Sixty -Six Thousand Six Hundred Eighty -Five Dollars ($66,680 in quarterly installments of $16,671.25 each. Quarterly installments shall be paid no later than the last day of each quarter. In the event that this contract for services is terminated, the City shall not be obligated to make any further payments. SECTION 4: OBJECTIVES AND SERVICES - Luther F. Carson Four Rivers Center, Inc. shall provide an extensive youth performance schedule in continuing with their tradition of the "Class Act" series, which over the past four seasons has brought in approximately 100,000 student visitors. SECTION 5: ACCOUNTING (A) Luther F. Carson Four Rivers Center, Inc. shall conduct all accounting, payroll, and financial management. (B) Luther F. Carson Four Rivers Center, Inc. shall supply an annual financial audit to the City within two (2) weeks of receiving same. SECTION 6: ENTIRE AGREEMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior agreements, both written and oral, between the parties. SECTION 7: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this Contract for Services, in the event it is determined that any funds provided to Luther F. Carson Four Rivers Center, Inc. are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Contract for Services without advance notice and shall have the right to all remedies provided in the law to seek reimbursement for all monies not properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH Gayle Kater, Mayor LUTHER F. CARSON FOUR RIV RS CENTER, INC. Name Title )=Xhel�l 1FC�O Agenda Action Form Paducah City Commission Meeting Date: July 23, 2013 ShortTitle: Approval of Construction Agreement for TeleTech Building ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson, City Manager Presentation By: Jeff Pederson, City Manager Background Information: On November 1, 2012, Paducah Economic Development entered into a Memorandum of Understanding to bring TeleTech Services Corporation to Paducah and hire 450 full-time employees. Subsequently, the City Commission on November 13, 2012, agreed to contribute $1.35 million towards the cost of constructing the building for TeleTech operations. McCracken County also authorized $1.35 million for project. Paducah Economic Development authorized $300,000, all of which was further outlined in an Interlocal Agreement between the parties which was approved by the City on April 8, 2013. A process coordinated by the City Manager was put into place to procure a building to meet the needs of TeleTech. A & K Construction was selected through a competitive process that resulted in a building size and scope that amounts to $3,296,000. Of that amount $296,000 will be provided jointly by Paducah Economic Development and TeleTech to supplement the $3 million that had previously been put in place per the aforementioned agreements. The building will be jointly owned by the City and McCracken County. Goal: ®Strong Economy ❑ Quality Services[] Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: To proceed with contract for construction with A & K. Attachments: Department Head City Clerk City Manager 162882 ORDINANCE NO. 2013 - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING THE AIA DESIGN -BUILD CONSTRUCTION AGREEMENT, AS AMENDED AND SUPPLEMENTED AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, AND A&K CONSTRUCTION, INC., WITH RESPECT TO A PUBLIC PROJECT; AUTHORIZING THE EXECUTION OF THE AIA DESIGN -BUILD CONSTRUCTION AGREEMENT AND OTHER DOCUMENTS RELATED THERETO WHEREAS, the City of Paducah, Kentucky (the "City") has previously determined, and hereby further determines, that it is a public purpose to reduce unemployment in the City, to increase the City's tax base, to foster economic development within the City and to promote the development of a skilled workforce, all to the benefit of the citizens and residents of the City; and WHEREAS, by Ordinance No. 2012-11-7986 adopted by the City Commission on November 13, 2012, the City previously declared its support for an economic development project initiated by G.P.E.D.C., Inc., ("GPEDC") with TeleTech Services Corporation ("TeleTech") to develop and locate general and administrative offices for customer care centers that will bring approximately 450 new full time jobs ("Project") in Paducah, Kentucky, within the boundaries of Paducah, McCracken County, Kentucky. WHEREAS, by Municipal Order No. 1716, adopted by the City Commission on March 26, 2013, and Interlocal Cooperative Agreement dated April 8, 2013 among the City and McCracken County, Kentucky (the "County"), the City and County, with the assistance of G.P.E.D.C. Inc., ("GPEDC") agreed to assumed the obligation of GPEDC under that certain lease agreement with TeleTech dated January 1, 2013 (the "Lease") and related Memorandum of Understanding ("MOU") dated November 1, 2012, also among GPEDC and TeleTech to construct and install a customer care center with a construction allowance of $3,000,000.00; and WHEREAS, as a result of the foregoing, the City, the County, and A&K Construction, Inc. ("A&K"), find it necessary and advisable that the City now authorize the AIA Design -Build Construction Agreement, as amended and supplemented, among City, County, and A&K with respect to the Project. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. Recitals and Authorization. The City hereby approves the AIA Design -Build Construction Agreement, as amended and supplemented, among City, County, and A&K (the "Agreement") in substantially the form attached hereto as Exhibit A and made part hereof. It is further determined that it is necessary and desirable and in the best interest of the City to enter into the Agreement for the purposes therein specified, and the execution and delivery of the Agreement is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the Agreement, together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the Agreement with such changes in the Agreement not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. The approval of such changes by said official, and that such are not substantially adverse to the City, shall be conclusively evidenced by the execution of such Agreement by such official. Section 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 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 ATTEST City Clerk Introduced by the Board of Commissioners, , 2013 Adopted by the Board of Commissioners, 2013 Recorded by City Clerk, 2013 Published by The Paducah Sun, 20 L3 EXHIBIT A THE AIA DESIGN -BUILD CONSTRUCTION AGREEMENT, AS AMENDED AND SUPPLEMENTED See attachment. s AIT A Document A141"'- 2004 Standard Form of Agreement Between Owner and Design -Builder AGREEMENT made as of the day of n the year This document has important legal (In words, indicate day, month and year.) consequences. Consultation with an BETWEEN the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other information) The author of this document has added Information needed for its City of Paducah and County of McCracken County completion. The author may also Padu Paducah, KV 42001 have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added The Owner and Design -Builder agree as follows. information as well as revisions to the and the Design -Builder: standard form text is available from the author end should be reviewed. A (Name, legal status, address and other information) vertical line in the left margin of this A&K Construcoon, Inc, document Indicates where the author 100 Calloway Coun has added necessary Information Paducah, KY 42001 and where the author has added to or deleted from the original AIA text. r o -='t e - u oc ,oat c ass. Bo ng ie C, apa ssibl c rU.. io„ irod,.wrr w�_P �1uc ,.,1 iA ,cRvrn'e c� This document has important legal for the following project: consequences. Consultation with an (Name, location and detailed attorney is encouraged with respect description) to Its completion or modification. Teletech Call Censer McCracken Boulzvard Consultation with an attorney Is also Padu Paducah, KV 42001 encouraged with respect to Professional licensing requirements in thelurisdictlon where the Project is The Owner and Design -Builder agree as follows. located. r o -='t e - u oc ,oat c ass. Bo ng ie C, apa ssibl c rU.. io„ irod,.wrr w�_P �1uc ,.,1 iA ,cRvrn'e c� Init TABLE Of ARTICLES THE DESIGN -BUILD DOCUMENTS WORK OF THIS AGREEMENT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION d CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 MISCELLANEOUS PROVISIONS 8 ENUMERATION OF THE DESIGN -BUILD DOCUMENTS TABLE OF EXHIBITS A TERMS AND CONDITIONS DETERMINATION OF THE COST OF THE WORK C INSURANCE AND BONDS ARTICLE 1 THE DESIGN -BUILD DOCUMENTS § 1.1 The Design -Build Documents form the Design -Build Contract. The Design -Build Documents consist of this Agreement between Owner and Design -Builder (hereinafter, the "Agreement')and its attached Exhibits; Supplementary and other Conditions; Addenda issued prior to execution ofthe Agreement; the Project Criteria, including changes to the Project Criteria proposed by the Design -guilder and accepted by the Owner, if any; the Design -Builder's Proposal and written modifications to the Proposal accepted by the Owner, if any; other documents listed in this Agreement; and Modifications issued after execution of this Agreement. The Design -Build Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Owner, (2) between the Owner and a Contractor or Subcontractor, or (3) between any persons or entities other than the Owner and Design -Builder, including but not limited to any consultant retained by the Owner to prepare or review the Project Criteria. An enumeration of the Design -Build Documents, other than Modifications, appears in Article 8. § 1.2 The Design -Build Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or rural. § 11 The Design -Build Contract maybe amended or modified only by a Modification. A Modification is([) a written amendment to the Design -Build Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Owner ARTICLE 2 THE WORK OF THE DESIGN -BUILD CONTRACT § 2.1 The Design -Builder shall fully execute the Work described in the Design$nild Docurttents; excerpt to the ,•, .Jen' specifically bidicated in the Design -Build Documents to be the responsibility ofothers ARTICLF. 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3,1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice issued by the Oyler, (Insert the date of commencement if it differs from the dale of this Agreement or, rf applicable state that the date will be fired in a notice to pf"oceed) �',•3. .0 -- .3f ..�1. 2°: i,: 4• �'f �� .� .l,_._ ',r Jli C-,, i` -Ji f1 �;,iC t'adtY ..---- `" �, � �C �` _ -, - v 1,= La ;'ru_ _�., .� 10'kl `r3lHVInm eX!grt UQSS,Dli ondel 4ip I, +✓ oo�o.mcn 're_ _ G._.' L ' Ai�15C fc,,3-.- a t l i7 a 1 co L;&'-'rtr,-._ noel Olce, . �27F' . -- _ �wr-.:c - -; or '.0�13.'2(i a.qd ;0 r�.: ter r --ala 'JSEY glair, -; if prior to the commencement of Work, the Owner requires time to file mortgages, documents related to mechanic's (inns and other security interests, the Owner's time requirement shall be as follows: (insert Owner's '!me requtreneenrs.) § 3.2 The Contract Time shall be measured from the date of commencement, subject to adjustments of this Contract Time as provided in the Design -Build Documents. eprovisions, lfprry, for liquidated damages earlyCompletion of the 4York.J relating to failure to compete on time or for bonus payments far earl}� c § 3.3 The Design -Builder shall achieve Substantial Completion of the Wort not later tha20 n " commencement, or as follows: days from the date of (Insert number ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Design -Build Documents, irsert arty requirements for earlier Substantial Completion of certain portions ofthe Work.) Portion of Work Substantial Completion Date ARTICLE 4 CONTRACT SUM § 4.t The Owner shall paythe Design -Builder the Contract Stun in current funds for the Design -Builder's Performance ofthe Design -Build Contract. The Contract Sum shall be one of the following: (Check the appropriate box) ] Stipulated Sum in accordance with Section 4.2 below; ] Cost of the Work Plus Design -Builder's Fee in accordance with Section 4.3 below; ]x ] Cost of the Work Plus Design -Builder's Fee with a Guaranteed Maximum Price in accordance with Section 4.4 below. (Based on the selection above, complete either Section 4.2, 4.3 or 4.4 below) § 4.2 STIPULATED SUM § 4.2.1 The Stipulated Sum shall be ($ ), subject to additions and deductions as provided in the Design -Build Documents. § 4,2.2 The Stipulated Sran is based upon the following alternates, if any, which are described in the Design -Build Documents and are hereby accepted by the Owner. § 4.2.3 Unit prices, "any are as follows. DescripQion Units Price ($0.00) § 4.2.4 Allowances, if any, ar e as follows: (Iden/66y and sia,'e the amounts OJ 'y all" caret .state whether th y include labor, rrrnteria!s, o% bofh) felt . �� .7C rf r � I r„r� r ct' In Ipnls raservrtl 1� 4 weI tl lid p rzlth r0 ❑ - �. - / X4on CEng 91> !r kc ICtl 1, it ra mums i ,I ryVS�IbIi Vn tlrtlt 1h_Onl!I�.,Ih].;DrO�brd01llAaCnnr:- Use Aotea nae -O !c .'536 C �xmo, Fu �,011C, JUS, dr..l snCl r .,;le .r,. GY6r Allowance Amount ($0.04) included Items § 4.2.5 Assumptions or qualifications, if any, on which the Stipulated Swn is based, are as follows: § 4.3 COST OF THE WORK PLUS DESIGN -BUILDER'S FEE § 4.3.1 The Cost of the Work is as defined in Exhibit B. § 4.3.2 The Design -Builder's Fee is: (State a lump sum, percentage of Cost of the Work or other provision for determining the Design -Builder's Fee and the method ofadjustment to the Fee for changes in the Work.) 4.4 COST OF THE WORK PLUS DESIGN -BUILDER'S FEE WITH A GUARANTEED MAXIMUM PRICE 4.4.1 The Cost of the Work is as defined in Exhibit B, plus the Design -Builder's Fee. § 4.4,2 The Design -Builder's Fee is: (State a lump strm, ,percentage of Cost of the Work or other provision for determining the Design -Builder's Fee and Me method of adjustment to rhe Fee for changes in the Work.) ($3,296,000.00) Three million two hundred ninety-six thausand dollars § 4.4,3 GUANTEED MAXIMUM PRICE § 4.4.3.1 Tht sum of the Cost of the Work and the Design -Builder's Fee is guaranteed by the Design -Builder not to exceed (S ), subject to Additions and ded'Uetions by changes in the Work as provided in the Design -Build Documents. Such maximum sum is referred to in the Design -Build Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Design -Builder without reimbursement by the Owner. (Insert specific provisions if the Design -Builder is to participate in any savings) § 4.4.3.2 The Guaranteed Maximum price is based on the following alternates, if any, which are described in the Design -Build Documents and are hereby accepted by the Owner: § 4,4.3,3 1Jnit Prices, if any, areas Follows: Description Units Price ($0.00) § 4,4.3.4 Allowances, if any, are as follows: (Idewijy and.,tate the amounts ofarq, ollowanc_s, and stars whether theJ' include labor, moreria..s, or borh Allowance AMOLlnt ($0,00) Irwlud,-,d stern,. 47r4Jf't55',!it7pttVi,�, it a"y, IAlXlimUI] f'l'ue 1� }la5�u, al'�a� iViiGt-�a r%[ieYltlfv I%7� U.SSIIfY,Z71lOY?.F 0l,! li,h ch fbe 'i,i!?Y-owecd AhTt ion Sin Price 7s bCIS-,,d 1 lt:'if Jf.d C(y �Fl C! A,r_, i,E•c Is ',J'; ,.{G r ;?rV:.v �f .. C.O iI �rL�nl l ri; 'ni- .i!'. f• ., _ �.f _ r ,_t,. ... L'a f. Lal Cr m',4:i-:. r�' .,, i):�15'. �.- _. .`E�• ,1' e .. _ ,. .e i— _ _ .. �, i,�"��]: r _ i _ -_. it .. itil� § 4.5 CHANGES IN THE WORK § 4.5.1 Adjustments of the Contract Sum on account of changes in the Work maybe determined by any of the methods listed in Article A.7 of Exhibit A, Terms and Conditions. § 4.5.2 Where the Contract Sum is the Cost of the Work, with or without a Guaranteed Maximum Price, and no specific provision is made in Sections 4.3 .2 or 4.4.2 for adjustment of the Design -Builder's Fee in the case of Changes in the Work, or if the extent ofsuch changes is such, in the aggregate, that application of the adjustment will cause substantial inequity to the Owner or Design -Builder, the Design -Builder's Fee shall be equitably adjusted on the basis of the Fee established for the original Work, and the Contract Sum shall be adjusted accordingly. ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Owner by the Design -Builder, the Owner shall make progress payments on account of the Contract Sum to the Design -Builder as provided below and elsewhere in the Design -Build Documents. § 5'1.2 The Period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 7th 5.1.3 Provided that an Application for Pa following 7th payment to the Design:Builder not later than hefday oftheI moot nth rIfan Application than c f foroPa m en the Ovrec shall make d by the Owner after the application date fixed above, payment shall be made by the Owner not later thanV,(30)days after the Owner receives he Application for Payment. thirty § 5.1.4 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum invoices or Rice, the Design -Builder shall submit payrolls, petty cash accounts, receipted invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the D progress payments already esign-Builder on account of the Cost of the Work equal or exceed (1) Design-Buildeready received by the Design -Builder, less (2) that portion of those payments attributable to the 's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the Work with a Guaranteed Maximum price, the Design -Builder shall submit the most recent schedule of values in accordance with tate Design -Build Documents. The schedule Of values shall allocate the entire Contract Sum among the various portions of the Work. Compensation for design services shall be shown separately. Where the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, the Design -Builder's Fee shall be shown separately. The schedule of values shal I be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule of values, unless objected to by the Owner, shall be used as a basis for reviewing tile Design -Builder's APPEcations for Payment. § 5.1.6 In taking action on the Design -Builder's Applications for Payment, the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Design -Builder and shall not be deemed to have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Sections 5. 1 4 or 5. 1.5, or other supporting data; to have made exhaustive or continuous on-site inspections; or to have made examinations to ascertain how or for what purposes the Design -Builder has used amounts previously paid on account of Agreement. Such examinations, audits and verifications, ifrequved by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner § 5.1.7 Except with the Owners prior approval, rhe Design -Builder shall not make advance payments to st:ppliers for materials or equiPment which have not been delivered and stored at the site § 5.2 PROGRESS PAYMENTS - STIPULATED SUM § 5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the percentage orcomPlelion of each portion of the Work as of the end of the period covered by the Application for Payment- ,; - ..I 0' , J B'C' Ur § 5.2.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sign properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the `Mork by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent( %) on the Work, other than services provided by design professionals and other consultants retained directly by the Design -Builder. Pending final determination of cost to the Owner of Changes in the Work, amounts not in dispute shall be included as provided in Section A.7.3.8 of Exhibit A, Terms and Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent ( %); .3 Subtract the aggregate of previous payments made by the Owner; and ,A Subtract amounts, if any, for which the Owner has withheld payment 6-orn or nullified an Application for Payment as provided in Section A.9.5 of Exhibit A, Tenns and Conditions. § 5.2.3 The progress payment amount determined in accordance with Section 5.2.2 shall be further modified under the foliowing circumstances: .1 add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Owner shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section A.9.8, 6 of Exhibit A, Terms and Conditions requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any) .2 add, if [trial completion of the Work is thereafter materially delayed through no fault of the Design -Builder, any additional amounts payable in accordance with Section A.9.10.3 of Exhibit A, Terms and Conditions. § 5.2.4 Reduction or limitation of retainage, if any, tinder Section 5.2.2 shall be as follows: (df it is intended, prior to .Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.2.2, I and 5.2.2.1 above, and this is not explained elsewhere in the Design -Build Documents, insert here provisions for such reduction or limitation.) § 5,3 PROGRESS PAYMENTS - COST OF THE WORK PLUS A FEE § 5.3.1 Where the Contract Sum is based upon the Cost of the Work plus a fee without a Guaranteed Maximum Price, Applications for Payment shall show the Cost of the Work actually incurred by the Design -Builder through the end of the period covered by the Application for Payment and for which Design-Bulider has made or intends to make actual payment prior to the next Application for Payment. § 5,3.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost ofthe Work m described in Exhibit B; .2 Add the Design -Builder's Fee, less retainage of percent ( °ln). The Design -Builder's Fee shall be computed upon the Cost of the Work described in the preceding Section 5.3 2.1 at the rate stated in Section 4.3,2; ar if the Design -Builder's Fee is stated as a fixad sum in that section, an amount which bears the same ratio to that fixed -sum Fee as the Cosi of the Work in the preceding section bears to a reasonable estimate of the probable Cost of the Wort; upon its completion; .3 Subtract the agD egate of previous pa}menu: made by thte 0- n.er; A Subtrac� the shortfall, if any. indicated by the Design -Builder i,i the docwucniaiion reclttirzd b} 5.1.9 or resulting f-om errors subsequently discovered by the Owner's aecounta!,[5 in such documentation; and ,b Subtract amounts, if any, for which the Ovaier has withheld of withdrawn d Certificate for Payment a; provided in the Section A 9.5 of Exhibit A, Terms and Conditions 5.3.3 f� !ainage in add!tion to the r etainar2c staled a' Section 5.3.?.2, if 3nj ; ;hall be as follows: 4 Ago- �•!:t' � ,ii'• ,- .., § 5.9.4 Except with the Owner's prior approval, payments for the Work, other than for services provided by design professionals and other consultants retained directly by the Design -Builder, shall be subject to retainage of not less than percent( %). Tice Owner and Design -Builder shall agr'ee on a mutually acceptable procedure for review and approval of payments and retention for Contractors. § 5.4 PROGRESS PAYMENTS • COST OF THE WORK PLUS A FEE WITH A GUARANTEED MAXIMUM PRICE § 5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment, The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Design -Builder on account of that portion of the Work for which the Design -Builder has made or intends to snake actual paynrnant prior to the next Application for Payment by (b) the share of the Guaranteed Msximurn Price allocated to that portion of the Work in the schedule of values. § 5.4,2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows; .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values, Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section A.7,3,8 of Exhibit A, Terms acid Conditions; ,2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Design -Builder's Fee, less retainage of percent ( °,�). TTte Design -Builder's Fee shall be computed upon the Cost of the Work described in the two preceding sections at the rate stated in Section 4,9.2 or, if the Design -Builder's Fee is stated as a fixed sum in that section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work in the two preceding sections bears to a reasonable estimate of the probable Cost of the Work upon its completion; A Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Design -Builder in the documentation required by Section 5.1.4 to substantiate prior Applications for Payment, or resulting fiorn errors subsequently discovered by the Owner's accountants in such documentation, and ,6 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Section A,9.5 of Exhibit A, Terms and Conditions. § 5.4.3 Except with the Owner's prior approval, payments for the Work, outer than for services provided by design professionals and other consultants retained directly by the t3esig11-Bu6ldcr, shall be subject to retainage of not less than percent ( %), The Owner and Design -Builder AialI agree on a mutually acceptable procedure for review and approval of payments and retention for Contractors § 5,5 FINAL PAYMENT § 5.5.1 Final payment, constituting the entire unpaid balance of the Contract Sunt, shall be made by the Owner to the Design -Builder no later than 30 days after the Design -Builder has fully performed the Design -Build Contract, including the requireients un Section A.9. 10 of Exhibit A, Terms and Conditions, except for the Desi -Builder's responsibility to correct non -conforming Work discovered after Final payment orto satisfy other requirements, if an), which extend beyond final payment ARTICLE 6 DISPUTE RESOLUTION § 5.1 The paries appoint the following w6idual to serve as a Neutral pursuant to Section A4 2 of Exhibir A. Torrns and Conditions: (Imerl the name, addre.;s and other infnrnration of the imiivirdual to serve Is c XuaIaral If rheporlres do '+or select u Neutral, then the provisions ol'Secrion A. d 2.2 of E:xhibil A, Terms and C'ondi(ionx, .shall oppl)') Inst - ., _ : - _ _ SnJ [- r,. J_ , -_ i� _ 4-'ui°,.'.) lf- �-, ,:ger' �, jcgeL iB -r].E tL. rr, _cc Dl ['.r § 6.2 1f the parties do not resolve their dispute through mediation pursuant to Section A.4.3 of Exhibit A, Terms and Conditions, the method of binding dispute resolution shall be the following: (If the parties do not select a method ofbinding dispute resolution, then the method ofbinding dispute resolution shall be by litigation in a court ofcompetent jurisdiction.) (Check one.) x ] Arbitration pursuant to Section AAA of Exhibit A, Terns and Conditions ] Litigation in a court of competent jurisdiction ] Other (spec) § 6.3 ARBITRATION § 6.3.1 If Arbitration is selected by the parties as the method of binding dispute resolution, then any claim, dispute or other maker in quegion arising out of or related to this Agreement shall be subject to arbitration as provided in Section A.4.4 of Exhibit A, Terms and Conditions. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 The Architect, other design professionals and consultants engaged by the Design -Builder shall be persons or entities duly licensed to practice their professions in thejurisdiction where the Project is located and are listed as follows: (Insert name, address, license number, relationship to Design -Builder and other information.) Name and Address License Number Relationship to Other Information Design -Builder § 7.2 Consultants, if any, engaged directly by the Owner, their professions and responsibilities are listed below: (Insert name, address, license number, if applicable, and responsibilities to Owner and other information.) Name and Address License Number Responsibilities Other Information to Owner § 7.3 Separate contractors, irany, engaged directly by the ONvner, their trades and responsibilities are listed below (Insert name, address, license number, Vapplicable, responsibilities to Owner and other information.) Name and Address License Number Responsibilities Other Information to Owner 1. n, The 0%% .,. nlit, ,f F' 'r. c a 0 , .: Lie v IB J. p c' 1 9l t f f nc5510 1e r P r S r ..rj4F, .. C_ 1l e?Q,G12 , S.Cn�n` 9 r.u�^a(1 PIA.1,, . pd § 7.4.1 The Owner's Designated Representative identified above shall be authorized to act on the Owner's behalf with respect to the Project, § 7.5 The Design -Builder's Designated Representative is: (Insert name, address and other information) Bill Boyd A&K Construction, Inc. 100 Calloway Conn Paducah, KY 42001 § 7.5.1 The Design -Builder's Designated Representative identified above shall be authorized to act on the Design -Builder's behalf with respect to the Project. § 7.6 Neither the Owner's nor the Design -Builder's Designated Representative shall be changed without ten days written notice to the other party. § 7.7 Other provisions: § 7.7.1 Where reference is made in this Agreement to a provision of another Design -Build Document, the reference refers to that provision as amended or supplemented by other provisions of the Design -Build Documents. § 7.7.2 Payments due and unpaid under the Design -Build Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, 1farry,) percent ( a/o) (Usury laws and requirements under the Federal Truth in Lending Act, similarstate and local consumer credit laws and other regulotians at the Owner's and Design.1>uilder'c principul places of husine.cs, the location of the project aril elsewhere may affect the validity ofthis provision. Legal advice s'honldbe obtained with respect to deletions or luodrfications, and also regarding requirements push as mrilten rlisalusrrrvs' or waivers.) ARTICLE 8 ENUMERATION OF THE DESIGN -BUILD DOCUMENTS § 8.1 The Design -Build Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agi cement is this executed edition of the Standard Form of Agreement Between Owner and Des5gn' Bu Ddel, AIA Document A141-2004. § 8.1.2 The Supplementary and other Conditions of the Agreement, ifany, ars as folluws: (F_ithca Csr a��phca�la efnrr.meers helix o>'reJ' -) z,; ,;xhihit rttcu hed l; this Agro. rnz.n; Document Tide Pages 8.1.3 The Project Criteria, including changes to the Projccl Criteria proposed by the Design -Builder, ;f an j and accepted by the Owner, consist of the foilowing: (F,ilher list applicable documents and their dares belo,a nr refer to an exhibit attached to this Agreemcw ) r r. i. 'J f I1 2L;'.� cf s ✓1r [ e '. - — _ _ _ __ _ Alin m' i 13 17 ALL __c ., ...., s. Ilse nn � 9 _r6z 1C _ ..;,", ,'e � _v:6r20 o�11s i r i << --,. .: ` •" in9"b%ie^.1. Title Date § 8.1.4 The Design -Builder's Proposal, dated , consists of the following: (Either list applicable documents below or refer to an exhibit attached to (his Agreement.) § 8.1.5 Amendments to the Design -Builder's Proposal, if any, are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement) § 8.1.6 The Addenda, if any, are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Number Date Pages § 8.1.7 Exhibit A, Terms and Conditions. (If the parties agree to substitute terms and conditions other than those contained in AIA Document A141-2004, Exhibit A, Terms and Conditions, then identify such terms and conditions and attach to this Agreement as Exhibit A.) § 8.1 .8 Exhibit B, Determination of the Cost of the Work, if applicable. (If the parties agree to substitute a method to determine the cost of the Work other than that contained in AIA Document.4141-2004, Exhibit B, Determination of the Cost of the Work, then identify such other method to determine the cost of the Work and attach to this Agreement as Exhibit B. Ifthe Contract Sum is a Stipulated Sum, then Exhibit B is not applicable.) § 8.1,9 Exhibit C, Insurance and Bonds, if applicable. (Complete AIA Document A141-2004, Exhibit C, Insurance and Bonds or indicate "not applicable.'/ § 8.1.10 Other documents, if any, forming part of the Design -Build Documents are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement) This Agreement entered into as oFthe day and year fust written above. OWNER (Signcrkve) --- -- ------ -- (Pl-inred scone and ride/ �- OWNER (Signature) (Printed name and title) DESIGN-BUII-DEk (.Signarm'ei — ----- (Printed name and tiri2�—-.------ -- - Alq OOcu neat A141 2001 CaDy,cnfo', 001 in TI e Am, I;ca III05. .e of Arc. h:!eC1s. NI rlghls reserved Mf 13 17 41 on 06'25/2012 under Old &, No 5276369107 1 v hich exp res on 10/16/2.012 and a sol for resele User Notes; lr I 10 TI L.-.urv'erl ,.p od, raj Yy Alt,_�Ih¢Fta (1097884501) AMENDMENT TO THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN -BUILDER ATA A141-2004 ARTICLE I THE DESIGN -BUILD DOCUMENTS 1.1 Add the following to document to the list of documents that constitute the Design -Build Documents: "RFP # 2013-01 CALL CENTER DESIGN BUILD SERVICES", ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 Revise subparagraph to read: "The date of commencement of the Work shall be the date of this Agreement," 3.2 Add paragraphs 3.2.1 and 3.2.2 as follows: "3.2.1 Liquidated Damages for Delay in Substantial Completion: Design -Builder shall pay Owner the sum of Two Thousand and 0001100 Dollars ($2,000.00) per day for each and every calendar day of delay in achieving Substantial Completion beyond 260 days from the date of this Agreement (the "Substantial Completion Date"). Any sums due and payable hereunder by Design -Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner, Such liquidated damages shall apply regardless of whether Design. -Builder has been terminated by Owner prior to Substantial Completion so long as Design -Builder's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design -Builder's performance hereunder for matters other than delays in Substantial Completion. When Owner reasonably believes that Substantial Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design -Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Design -Builder overcomes the delay in achieving Substantial Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design -Builder those funds withheld, but no longer applicable as liquidated damages," "3.2.2 Liquidated Damages for Delay in Final Completion: If Design -Builder fails to achieve Final Completion on or 276 days from the date of this Agreement (the "Final Completion"), the Design - Builder shall pay Owner Two Thousand and 001100 Dollars ($2,000.00) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date established for Final Completion of the Work. Any sums due and payable hereunder by Design -Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner. Such liquidated damages shall apply regardless of whether Design -Builder has been terminated by Owner prior to Substantial Completion so long as Design -Builder's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design -Builder's performance hereunder for matters other than delays in Substantial Completion. When Owner reasonably believes that Substantial Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design -Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Design -Builder overcomes the delay in achieving Substantial Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design -Builder those funds withheld, but no longer applicable as liquidated damages." Page 1 of 3 ARTICLE 4 CONTRACT SUM 4.2 STIPULATED SUM — Delete the entire section. 4.3 COST OF THE WORK PLUS DESIGN -BUILDER'S FEE — Delete the entire section 4.4.1 Revise the subparagraph to read: "The Cost of the Work is as defined in Exhibit B, which includes the Design -Builder's Fee and is subject to the Guaranteed Maximum Price as set forth in Section 4.4.3.1." e. ARTICLE 5 PAYMENTS 5.2 PROGRESS PAYMENTS — STIPULATED SUM — Delete entire section. 5.3 PROGRESS PAYMENTS — COST OF THE WORK PLUS A FEE — Delete entire section. 5.4 Add paragraph 5.4.4, as follows: "5.4.4 Reduction or limitation of retainage shall be as follows: The Owner shall retain ten percent (10%) from each Application for Payment up to fifty percent (50%) completion of Work, then, provided the Work is on schedule and satisfactory, and upon written request of the Design -Builder together with consent of surety, the Owner shall approve a reduction in retainage to five percent (5%) of the current Contract Sum. No part of the five percent (5%) retainage shall be paid until after Substantial Completion of the Work, as defined in the General Conditions of the Contract for Construction. After Substantial Completion, a reduction to a lump sum amount less than five percent (5%) retainage may be approved by the Owner when deemed reasonable. The minimum lump sum retainage shal I be twice the estimated cost to correct deficient or incomplete work." 5.5.1 Add as condition to final payment the following: "the Design -Builder provides the Owner with affidavits that all payrolls, bills for materials, supplies and equipment, and other indebtedness connected with Work have been paid or otherwise satisfied, and with Consent of Surety for final payment." ARTICLE 7 MISCELLANEOUS PROVISIONS 7.7.2 Delete entire section. ARTICLE 8 ENUMERATION OF THE DESIGN -BUILD DOCUMENTS 8.1.3 Add the following Project Criteria: "Title TELETECH BASE TECHNICAL REQUIREMENTS - RFP # 2013-01 8.1.4 Revise the sentence to read: "The Design -Builder's Proposal, dated March 4, 2013, as revised per Addendum 45 dated March 26, 2013, to RFP # 2013-01 and re -submitted on April 3, 2013, by Design - Builder consists of the following: Title Date Scope of Work March 4, 2013 Scope of Work (revised) April 3, 2013 Page 2 of 3 8.1.5 Revise the sentence to read: "Amendments to the Design -Builder's Proposal, if any, are as follows: Title Date Scope of Work (revised) June 25, 2013 Value Engineering Items 6-25-13 Schematic Floor Plan — New Facility for Teletech 6-14-13 END OF AMENDMENT Page 3 of 3 VAR Document A141" -' 2004 Exhibit A Terms and Conditions for the following PROJECT: (Name and location or address) Teletech Call Center 2301 McCracken Boulevard Paducah, KY 42001 THE OWNER: (Name and location) City of Paducah & Counry of McCracken County THE DESIGN -BUILDER: (Name and location) A&K Construction, Inc. 100 Calloway Court Paducah, KY 42001 TABLE OF ARTICLES A.1 GENERAL PROVISIONS A-2 OWNER A.3 DESIGN -BUILDER AA DISPUTE RESOLUTION A.5 AWARD OF CONTRACTS A.6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS A,7 CHANGES IN THE WORK A.6 TIME A.9 PAYMENTS AND COMPLETION A.10 PROTECTION OF PERSONS AND PROPERTY A.11 INSURANCE AND BONDS A.12 UNCOVERING AND CORRECTION OF WORK A.13 MISCELLANEOUS PROVISIONS A.14 TERMINATION OR SUSPENSION OF THE DESIGN -BUILD CONTRACT ADDITIONS AND DELETIONS: The author of this document has added Information needed for its completion. The author may also have revised the tett 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 telt. This document has important logalconsequences. Consultation with an attorney is encouraged with respect to its completion or modification. Consultation with an attorney is also encouraged with respect to Professional licensing requirements in the Jurisdiction where the Project is located. 81A umani 54 ^ < CzLrWt k Co00" G �Ic nYrlght 00 D�Te Amerea tins wl CI4 hltetlU. All nghls rnsanetl i;u:.r - -- 9 c Ly U S Goo _r r,za t n v ii na r r a1r, a�ITc > 1�� .5 asp rtlrcat to ° - I-rs r eO haV oseco 1 -maxi +,,ten, pc so Itler it is 'Ise Ir.,, _, Ord, ...._� Q'0 7'd300. ARTICLE A.1 GENERAL PROVISIONS g AAA BASIC DEFINITIONS § A.1.1.1 THE DESIGN -BUILD DOCUMENTS The Design -Build Documents are identified in Section I A of the Agreement, § A.1.1.2 PROJECT CRITERIA The Project Criteria are identified in Section $.1.3 of the Agreement and may describe the character, scope, relationships, forms, size and appearance of the Project, materials and systems and, in general, their quality levels, performance standards, requirements or criteria, and major equipment layouts. § A.1.1,3 ARCHITECT The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and having a direct contract with the Design -Builder to perform design services for all or a portion of the Work, and is referred to throughout the Design-Batild Documents as if singular in number. The term "Architect" means the Architect or the Architect's audiorir.ed represcntative. § AAAA CONTRACTOR A Contractor is a person or entity, other than the Architect, that has a direct contract with the Design -Builder to perform all or a portion of the construction required in connection with the Work. The term "Contractor" is referred to throughout the Design-Huild Docurncrtts as if singular in number and -means a Contractor or an authorized representative of the Contractor, The term "Contractor" does not include a sr~pamte contractor, as defined i -n Section A,6.1.2, or subcontractors of a separate contractor. § A.1.1.5 SUBCONTRACTOR A Subcontractor is a person or entity who has a direct contract with a Contractor to perform a portion of the construction required in connection with the Work at the site. The term "Subcontractor" is referred to throughout the Design -Build Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. § A.1.1.6 THE WORK The term "Work" means the design, construction and services required by the Design -,Build Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Design -Builder to fulfill the Design -Builder's obligations. The Mork may constitute the whole or a part of the Project. § A.1.1,7 THE PROJECT The Project is the total design and construction of which the Work performed under the Design -Build Documents may be the whole or a pari, and which may include design and construction by the Owner or by separate contractors, § AA 1.8 NEUTRAL The Neutral is the individual appointed by the parties to decide Claims and disputes pursuant to Section AA.2.1 § A,1.2 COMPLIANCE WITH APPLICABLE LAWS § A.1.2A if the Design -Builder believes that implementation of any instruction received from the Owner would cause a violation of any applicable law, statute, ordinance, building code, rule or regulation, the Design -Builder shall notify the Owner in writing. Neither the Design -Builder nor any Contractor or Architect shall be obligated to perform any act which they believe will violate any apt?licable law, ordinance, rule or regulation § A122 Tit: De:, F, .F3w!i i shall i,•, , ntit!c ! ., ;i '.,. ;:.; letenecs and accuracy ol• the inform alion contained In tit F'rn!sct G'ritcsi;t b.lt not that •curt nlr�rriiji uu coml,F;-• v.ilh applicable laws, regulations and codes, which Ilic obli .r:t,m ,+F the Design n: dci i,wiir in dw event that a specific requirement of the Project C itcria conflicts with applicable laws, regulations ara.d codes, the .Design -Builder shall furnish Work which complies with such laws, regulations and codes. In such case, the Owner shall issue a Change Larder to the Dcsig,,- BuildPr unless the Design -Builder recognized such non-compliance prior to execution of this Agreement and failee io notify the Owner. AV, Co urriem A 141 TM - 2004 Ex h ibit .8 Coping�%OC- b; Tt,a Arr,er[can tr,ctilutc: u` Archie,{s. Alleights rekerv,d.-- Oc_,,r r•E r, ..r .J ����jI p>-�_� �, an�7 .� ;,c Prc;., €d is ?r.= r, aaIcnl r.-,_�,� ..,-.- sJs�: § A.1.3 CAPITALIZATION § A.1.31 Terms capitalized in these Terms and Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to sections in the document, or (3) the titles of other documents published by the American Institute of Architects. § A.1.4 INTERPRETATION § A.1.4.1 In the interest of brevity, the Design -Build Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § A.1.4.2 Unless otherwise stated in the Design -Build Documents, words which have well-known technical or construction industry meanings are used in the Design -Build Documents in accordance with such recognized meanings. § A.1.5 EXECUTION OF THE DESIGN -BUILD DOCUMENTS § A.1.5.1 The Design -Build Documents shall be signed by the Owner and Design -Builder. § A.1.5.2 Execution of the Design -Build Contract by the Design -Builder is a representation that the Design -Builder has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Design -Build Documents. § A.1.6 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA § A.1.6.1 Drawings, specifications, and other documents including those in electronic form, prepared by the Architect and furnished by the Design -Builder are Instruments of Service. The Design -Builder, Design -Builder's Architect and other providers of professional services individually shall retain all common law, statutory and other reserved rights, including copyright in those Instruments of Services furnished by them. Drawings, specifications, and other documents and materials and electronic data are furnished for use solely with respect to this project. § A.1.6.2 Upon execution of the Design -Build Contract, the Design -Builder grants to the Owner a non-exclusive license to reproduce and use the Instruments of Service solely in connection with the Project, including the Project's further development by the Owner and others retained by the Owner for such purposes, provided that the Owner shall comply with Al obligations, including prompt payment of sums when due, under the Design -Build Documents. Subject to the Owner's compliance with such obligations, such license shall extend to those parties retained by the Owner for such purposes, including other design professionals. The Design -Builder shall obtain similar non- exclusive licenses from its design professionals, including the Architect. The Owner shall not otherwise assign or transfer anv license herein to another party without prior written agreement of the Design -Builder. Any unauthorized reproduction or use of the Instrunlents of Service by the Owner or others shall be at the Owner's sole risk and expense without liability to the Design -Builder and its design professionals. Except as provided in Section A.1.6.4, termination of this Agreement prior to completion of the Design -Builder's services to be performed under this Agreement shall terminate this license, § A.1.6.3 prior to any electronic exchange by the parties of the Instruments of Service or any other documents or materials to be provided by one party to the other, the Owner and the Design -Builder shall agree in writing on the Specific conditions governing the format thereof, including any special limitations or licenses not otherwise provided in the Design -Build Documents. § A.1.6.4 If this Agreement is terminated for any reason other than the default of the Owner, each of the Desitni- Builder's dosign professionals, including the ,k rehired, shall be contractually required to convey to the Owner a non-exclusive license to u'se that dosign professional's Instruments of Service for the completion, use and maintenance of the Project, conditioned upon the Owner's written notice to that design professional of the Own.e' assumption of the Design -Builder's contractual duties and obligations to that design professional and payment to that design professional of all arnonn:..iue t,: til.:i 1!-- 11,11 and its consultants. If the Owner does not assume the remaining duties and obiig;itiou ,! thr Design-I:Irldc; to that design professional under this Agreeirem. then the Owner shall indemnify and hold h;u liil:-s< th:,t d -i_- p:u vsaiorial from all claims and any expense. including legal fees, which that design professional shall thereafter inem by reason of the Owner's use of such Instruments of Service. The Design -Builder shall incorporate the requirements of this Section A I.6 4 in all agreements with its design professionals. + l ocur t %Jill - 2t9sKhniill A. C>, , T; v �.. - — (J S IPS),- -_ 'ulw' r_H,ecG :qh r ,.0 �: r �� ,, a - ._w.. ne rs. A.1.6.5 Submission or distribution of the Design -Builder's documents to meet official regulatory requirements or for similar purposes in connection with the reserved in Section q, 1.6. ]. Project is not to be construed as publication in derogation of the rights ARTICLE A.2 OWNER § A.2.1 GENERAL § A.2.1,1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Design -Build Documents as if singular in number. The terra "Owner" means the Owner or the Owner's authorized representative. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all Project matters requiring decisions in a timely the Owner's approval or authorization. The Owner shall render manner and in accordance with the Design _B schedule submitted to the Owner. §A.2.1.2 The Owner shall furnish to the Design -Builder within 15 days after receipt of a written request information necessary and relevant for the Design -Builder to evaluate, give notice of or enforce mechanic's Gen rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § A.2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § A•2.2.1 Information or services required of the Owner by the Design -Build Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Design -Builder's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from th written request for such information or servicese Design -Builder imof a. § A,2,2.2 The Owner shall be responsible to provide surveys, if not required by the Design -Build Documents to be provided by the Design -Builder, describing physical characteristics, legal limitations, and utility locations for the site of this project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and ]fines of streets, alleys, pavements, and adjoining property and sWetures; adjacent drainage; rights -of --way, restrictions, easements, encroachments, zotung, deed restriction, boundaries, and contours of the site; locations, dime In onu and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above ;lad below grade, including inverts and depths. NI the information on the survey shall be referenced to a Projrct benchmark. § A.2.2.3 The Owner shall provide, to the extent available to the Owner and if not required by the Design -Build Documents to be provided by the Design -Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems, chernical, air and water pollution, hazardous materials or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. § A.2.2.4 The Owner may obtain independent review of the Design -Builder's design, construction and other documents by a separate architect, engineer, and contractor or cost estimator under contract to or employed by the Owner. Such independent review shall be undert the orderly progress of the Work. aken at the Owner's expense in a timely manner and shall not delay § A•2.2.5 The Owner shall cooperate with the Design -Builder in ecru ri ng building and uth.1 pc I(ni is, licenses and inspections. The Owner shall not be required to pay the f—, 1,, such permitc:msp , hr'enszs d ntcciinn. unless the cost of such fees is excluded from the responsibility nl'the C?coign llnilder u;Wtrthc fk',i vii-Bu'I;! D,�cuments § A.2 2,6 Thr .z i �,, . , sh II hr L.�au n 1F ::s and reports required to d be prov�,!,1„ (i,,,;,. , i,,i,t -. � ...;.. 'N , til nis'ied ;u the UJB nc r' r<I cn;t and the Design -Builder shall be cr;; li h'r nl rdli and n tl. r�trn�ti, Ihercol uC ut ;1, othu u", specifically provided in the Design -1'i ui lJ Urn.nnr,: , =�i i�, �I�,..°r,.ent the th, Ih nNui 4icr, Ih': contrary in writing. § A.2.2.7If the Owner Documents, or otherwise becomes the Design -Build Documentaware of a fault or defect in the Work or non -conformity v.nl-, s, the Ownershall give prompt written notice thereofto the Design -Builder /SIA JCCdlO<ql t I r' -Pll iC IJ fCl, 1004 Ex) b il A_ ^cP 9t - C2r0 c 7l An r an PSOWte of A J r` yr 1 Ch'IB't'. Ali r 1t£ r_Se "gms L1 yl i a ,C , =-J ,h p. C GEc- J'Y'Nc lie . - CSI L •1]3, § A.2.2.8 The Owner shall, at the request of the Design -Buller, prior to execution of the Design -Build Contract and promptly upon request thereafter, furnish to the Design -Builder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Design -Build Documents. § M-2.9 The Owner shall communicate through the Design -Builder with persons or entsties employed or retained by the Design -Builder, unless otherwise directed by the Design -Builder. § A.2.2.10 The Owner shall furnish the services of geotecluaical engineers or other consultants, if not required by the Design -Build Documents to be provided by the Design -Builder, for subsoil, air and water conditions when such services are deemed reasonably necessary by the Design -Builder to properly carry out the design services provided by the Design -Builder and the Design -Builder's Architect. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions, The services of geotechnical engineers) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations. § A.2.2.11 The Owner shall promptly obtain easements, zoning variances, and legal authorizations regarding site utilization where: essential to the execution of the Owner's program. § A.2.3 OWNER REVIEW AND INSPECTION § A.2.3.1 The Owner shall review and approve or take other appropriate action upon the Design -Builder's submittals, including but not limited to design and construction docurrims, required by the Design -Build Documents, but only for the limi6ed purpose of checking for conformance with information given and the design concept expressed in the Design -Build Documents. The Owner's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Design -Builder or separate contractors. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Design -Builder as required by the Design -Build Documents. § A.2.3.2 Upon review of the design documents, construction documents, or other submittals required by the Design - Build Documents, the. Owner shall take one of the following actions: A Determine that the documents or submittals are in conformance with the Design -Build Documents and approve them. .2 Determine that the documents or subrruttals are in conformance with the Design -Build Documents but request changes in the documents or submittals which shall be implemented by a Change in the Work. .3 Determine that the documents or submittals are not in conformity with the Design -Build Documents and reject them. .4 Determine that the documents or submittals are not in conformity with the Design -Build Documents, but accept them by implementing a Change in the Work .5 Determine that the documents or submittals are not in conformity with the Design -Build Documents, but accept there and request changes in the documents or submittals which shall be implemented by a Change in the Work. § A,2.3.3 The Design -Builder shall submit w the Owner for the Owner's approval, pursuant to Section A.2.3.1, anv proposed change or deviation to previously approved documents or submittals. The Owner shall review each prcllic> wd LJimig,' or deviation to previously approved documents or submittals which the Design -Builder submits to cht i7;. 1•c: f,,; III,• (\s I,L is approval with reasonable promptness in accordance with Section A.2 3.1 and shall make dit- ictrrinin; ifr)i,- described in Section A.2 32. § h.,2.3.4 taotwithstandirlg the owner's responsibility under Section A.2.3.2, the Owner's review and approval 01 the Design Builder's documents or subrrlittals shall not relieve the Design-Builderuf responsibility for compliance with the Design -Build Documents unless a) the Design -Builder has notified the Owner in writing of the deviation prior to approva! by the Owner or, b) the Owner has apprgvPd a Change. in the Work reflecting any deviations from th:- requirements of the Design -Build Documents. nocumie toIgr1:-20CWFXhisiii�,.VvCn�7t,i _Ilam?]. i' n3AL;t�,,,-�,DluleDrArcl_,Pec' All ;Ig iQ iraor'-d 1API;,,y�,f.. __.-.. _. _. ,I ,� _... �� :..., �. ., - ,—: na _ .,,, E ._ LZ ,r c5e:�. ::71C� rr�- r,:,+rid, " .. .1_;. � , .- r". 7 .� �. .. .., § A,2,3,5 The Owner may visit the site to keep informed about the progress and quality of the portion of the Work completed. However, the Owner shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. Visits by the Owner shall not be construed to create an obligation on the part of the Owner to make on-site inspections to check the quantity or quality of the Work, The Owner shall neither have control over or charge of, nor be responsible for, the construction means, melhods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Design -Builder's rights and responsibilities under the D, -sign -Build Documents, except as provided in Section A.3.3.7. § A,2.3.6 The. Owner shall not be responsible for the Design -Builder's failure to perform the Work in accordance with the requirements of the Design -Build Documents. The Owner shall not lave control over or charge of and will not be responsible for acts or omissions of cite Design -Builder, Architect, Contractors, or their agents or employees, or any other persons or entities performing portions of the Work for the Design -Builder. § A,2.3.7 The Owner may reject Work that does not conform to the Design -Build Documents. Whenever the Owner considers it necessary or advisable, the Owner shall have authority to require inspection or testing of the Work in accordance with Section A.13.5.2, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Owner 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 Owner to the Design -Builder, the Architect, Contractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § A.2.3.8 The Owner may appoint an on-site project representative to observe the Work and to have such other responsibilities as the Owner and the Design -Builder agree to in writing. § A,2.18 The Owner shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, § A,2.4 OWNER'S RIGHT TO STOP WORK § A.2.4.1 If the Design -Builder fails to correct Work which is not in accordance vrith the requirements of the Design - Build Documents as required by Section A.12.2 or persistently fails to carry out Work in accordance with the Design -Build Documents, the Owner may issue a written order to the Design -Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Design -Builder or any other person or entity, except to the extent required by Section A.6.I.3. § A.2.5 OWNER'S RIGHT TO CARRY OUT THE WORK § A.2.5A If the resign -13 uilder defaults or neglects to carry out the Work in accordance with the Design -Build (Documents and Rills within a seven-day period eller receipt of written notice frwn dw Owner to commence and continue correction of such default or neglect with diligence and promptness, theOwrter may <after such seven-day period give. the Design -Builder a scc:ontl written notice to correct such deficiencies +,Within a three-day period. If the Design -13 uilder within such three-day period after receipt of such second notice fails to commence and continue to correct any defi6cticies, the ()%vner may, without prcjtldic,e to other remedies the Owner may have, correct such de iciencius. III such cense, all appropriate C-hatige Ofder shall be issued deducting from payments then or thereafter due. the Design -Builder the reasonable cost of correcting such deficiencies. if payments due the Design -Builder are rac.,c ,ttflicicr,t tocovci Ouch ammwm ,, the shall pay the difference to the Owner. ARTICLE A.3 DESIGN -BUILDER § A•3.1 GENERAL § A•3.1.1 The Design -Builder is Ilse person o; entity l'!,rCed to ttrrouf,t.�,ut the Design -Build (Documents as if singular in numb: I I Lc 17 [- ,n Rii,acicr oother design professional, a cons!"clion contractor, a real estate lli':c'Ielilc,r 01 3ily tillwl or permitted lodr) hz: ;7l • - ,i•. ;; dr 5iz_r•�.builder „� thr loc.a1,�;, f:: r', the Project is located. The terra "Design -Builder" means the ter -it ll-fi;,fLaer r ih;' Desigli l ll:t,icr aalnu:vc: ? representative, The Design -Builder's representative is authorized t n: IL•r fh it'r, Builder', 1',ch if VJ111 IC;i1C..t to the Pmjecl. § A•3.1.2 The Design -Builder shall perforin the Work in accordance with the Design -Build Documents AIF. ?oc man; A1gi ,^ - 2005E ; A CaplTight c 2004 by The ,rr.e0c9n Inst s.:;2 Dr k.:ch Ecls All TiohtB reserved Ydc Rt{,r1G Tec- D'... oma'.. ai r.ey i � _• , ,�vr'. c, . �- r, cni..,aic:'alt�_; antl will �e pros';c�;�d lc she �ncflrevro c�ic"! pos�ibl=_�n''Er 're ,�,v vn,c Cocc re^I § A.3.2 DESIGN SERVICES AND RESPONSIBILITIES § A,3.2,1 When applicable law requires that services be performed by licensed professionals, the Design -Builder shall provide those services through the performance of qualified persons or entities duly Licensed to practice their professions, The Owner understands and agrees that the services performed by the Design -Builder's An:hitect and the Design -Builder's other design professionals and consultants are undertaken and performed in the sole interest of and for the exclusive benefit of the Design -Builder. § A.3.2.2 The agreements between the Design -Builder and Architect or other design professionals identified in the Agreement, and in any subsequent Modifications, shall be in writing. These agreements, including services and financial arrangements with respect to this Project, shall be promptly and fully disclosed to the Owner upon the Owner's written request. § A.323 The Design -Builder shall be responsible to the Owner for acts and omissions of the Design -Builder's employees, Architect, Contractors, Subcontractors and their agents and employets, and other persons or entities, including the Architect and other design professionals, performing any portion+ of the Design -Builder's obligations under the Design -Build Documents. § A.3.2.4 The Design -Builder shall carefully study and compare the Design -Build Documents, materials and other information provided by the Owner pursuant to Section A.2.2, shall take field measurements of any existing conditions related to the Work, shall observe any conditions at the site affecting the Work, and report promptly to the Owner any errors, inconsistencies or omissions discovered, § A.3.2.5 The Design -Builder shall provide to the Owner for Owner's written approval design documents sufficient to establish the size, quality and character of the Project; its architectural, structural, mechanical and electrical systems; and the materials and such other elements of the Project to the extent required by the Design -Build Documents. Deviations, if any, from the Design -Build Documents shall be disclosed in writing. § A,3.2.6 Upon the Owner's written approval of the design documents submitted by the Design -Builder, the Design - Builder shall provide construction documents for review and written approval by the Owner. The construetion documents shall set forth in detail the iequiremems for construction of the Project. The construction documents shall include drawings and specifications that establish the quality levels of materiels tend systems required. Deviations, if any, from the Design -Build Docurnents shall be disclosed in writing. Construction documents may include drawings, specifications, and other documents and electronic data setting forth in detail the requirements for construction of the Work, and shall; .i be consistent with the approved design documents; ,2 provide information for the use of those in the building trades; and .3 include documents customarily required for regulatory agency approvals. § A.3.2,7 The Design -Builder shall meet with the Owner periodically to review progress of the design and construction documents. § A.3.2.8 Upon the Owner's written approval of construction documents, the Design -Builder, with the assistance 01- the fthe Owner, shall prepare and fife documents required to obtain necessary approva?s of governmental authorities having jurisdiction over the Project. § A.3.2.3 The Design -Builder sha!l obtain from each of the Design -Builder's professionals and furnish to the Owner certifications with respect to the documents and services provided by such professionals (a) that, to tl,,e best of their knowledge. information unci belief, the documents or services to which such certifications relate (i) are consistent with the Project Chter'a set forth in the Design-Ruilrl Document,, excepl to the exicnt spc65(;at!y iJentifi d ir, such certificate, (ii) comply v"ith applicable professional practice standards, and (iii) comply with applicaibk ordinances, codes, rules and regulations gavErning the design of the Project; and (b) that the Owner and its consultants shall he entitled to rely upon the accuracy of the representations and ,taternents contained in such certifications. § A.3.2,10 if the Owner requests the Design -Builder, the Architect or the Design -Builders other destgn professionals to execute certificates other than those required by Section A.3.2.9, the proposed language of such certificates shall be submitted to the Design -Builder, or the Architect and such design professionals through the Design -Builder, far PAA Doc U P I c It a94i rrn-2004 Exhibit A. Gep•;r;,gtr! © 2COJ ty T,,,, A re,a78n inst.tu l? of AAl ;rohts rssc�ved PNItG C IJ. r.n W. P. r. -I Pr 'x12.0 L: .�,.- tic:,?;:1s review and negotiation at least 14 days prior to the requested dates of execution. Neither the Design-Builder, the. Architect nor such other design professionals shall be required to execute certificates that would require knowledge, services or responsibibties beyond the scope of their respective agreements with the Owner or Design-Builder § A.13 CONSTRUCTION § A.3,3.1 The Design-Builder shall perform no construction Work prior to the Owner's review and approval of the construction documents, The Design-Builder shall perform no portion of the Work for which the Design-Build Documents require the Owner's review of submittals, such as Shop Drawings, Product Data and Samples, until the- Owner heOwner has approved each submittal. § A.3.3,2 The construction Work shall be in accordance with approved submittals, except that the Design-Builder shall not be relieved of responsibility for deviations from requirements of the Design-Build Documents by the Owner's approval of design and construction documents or other submittals such as Shop Drawings, Product Data, Samples or other submittals unless the Design-Builder has specifically informed the Owner in writing of such deviation at the time of submittal and (1) the Owner has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Design-Builder shall not be relieved of responsibility for errors or omissions in design and construction documents or other submittals such as Shop Drawings, Product Data, Samples or other submittals by the Owner's approval thereof, § A1.3.3 The Design-Buiidet shall direct specific attention, in writing or on resubmitted design and construction documents or other submittals such as Shop Drawings, Product Data, Samples or similar submsttals, to revisions other than those requested by the Owner on previous submittals, in the absence of such written notice, the Owner's approval of a resubmission shall not apply to such revisions, § A,3,3.4 When the Design-Build Documents require that a Contractor provide professional design services or certifications related to systems, materials or equipment, or when the Design-Builder in its discretion provides such design services or certifications through a Contractor, the Design-Builder shall cause professional design services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professionals, if prepared by others, shall bear such design professional's written approval, The Owner shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § A1.3,5 The Design-Builder shall be solely responsible for and have control over all construction means, methods. techniques, sequences and procedures and for coordinating all portions of the Work under the Design-Build Documents. § A.3.3.8 The Design-B uilder shal I keep the Owner informed of the progress and quality of the Work. § A.3.3,7 The Design-Builder shall be responsible for the supervision and direction of the Work, using the Design- Builder's best slciIl and attention. if the Design-Build Documents give specificinstrtrctions conceming construction, means, methods, techniques, sequences or procedures, the Design-Builder shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite Safety of such means, methods, techniques, sequences or procedures. if the Design-Builder determines that such means, methods, techniques, sequences or procedures may not be safe, the Design-Builder shall giGe timely written notice to the Owner aril shall not proceed with that portion of the Work without further written instructions From the Ownci If the Design-Bu!jdle is then instructed to pmceej v"OT the re�uir.��i me�n nethnds, t� hniyues, seya=noes o! f.nced.:i�: ::ti�oui acceptance of changes propa5ed by tht, Der;igr, Brei}'e .the Oµne; s}ta9i be so!cly responsible for un; res or darnage. § A.3.3.8 The Design Isuiide :tiall be respurrsibk for inspection of pcxtiorts of Work olread j perlormN.d tt uetc'li!f that s�.ich porlior.:; ?re in pr��l;,�r conditic,". fo rc,-el�c subseq�!cni 4Vor1, KI„ 041 7.0+:"+ F,:?,;bfi '.r - �� r r,st,:,rtc ct § A.3.4 LABOR AND MATERIALS § A.3.4.1 Unless otherwise provided in the Design -Build Documents, the Design -Builder shall provide or cause to be Provided and shall pay for design services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § A.3.4.2 When a material is specified in the Design -Build Documents, the Design -Builder may make substitutions only with the consent of the Owner and, if appropriate, in accordance with a Change Order. § A.3.4.3 The Design -Builder shall enforce strict discipline and good order among the Design -Builder's employees and other persons carrying out the Design -Build Contract. The Design -Builder shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § A.15 WARRANTY § A.3.5.1 The Design -Builder warrants to the Owner that materials and equipment furnished under the Design -Build Documents will be of good quality and new unless otherwise required or permitted by the Design -Build Documents, that the Work will be free from defects not inherent in the quality required or permitted by law or otherwise, and that the Work will conform to the requirements of the Design -Build Documents. Work not conforming to these reguirements, Including substitutions not properly approved and authorized, may be considered defective. The Design -Builder's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Design -Builder, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Design -Builder shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § A.3.6 TAXES § A,3.6.1 The Design -Builder shall pay all sales, consumer, use and similar taxes for the Work provided by the Design -Builder which had been legally enacted on the date of the Agreement, whether or not yet effective or merely scheduled to go into effect. § A,3.7 PERMITS, FEES AND NOTICES § A,3.7,1 The Design -Builder shall secure and pay for building and other permits and governmental fees, licenses and inspections necessary for the proper execution -land completion of the Work which arc customarily secured after execution of the Design -Build Contract and which were legally required oil the date the Owner accepted the Design - Builder's proposal. § A.3.7,2 The Design -Builder shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. § A.3,7.3 It is the Design -Builder's responsibility to ascertain that the Work is in accordance with applicable laws, ordinances, codes, rules and regulations. § A3.7.4 If the Design -Builder performs Work contrary to applicable laws, ordinances, codes, rules and regulations, the Design -Builder shall assume responsibility for such Work and shall bear the costs attributable to correction § A.3.8 ALLOWANCES § A.3.6.1 The Design -Builder shall include in the Contract Sum all al lov, an cc.,, stated in the Design -Build Documents. Items .:,! I. ;iii ,shall be supplied for such amounts and by such persons or entities ns the Owner ma, direct b 1 I D -, i, IJ., .'hall not be requital to employ persons.,: eniitie_ .- wLich ,ye D. c, Builder has reason.!h: �I - § .£.3.8.2 Unless otherwise provided in the Design -Build Documents: .t allowances shall cover the cost to the Design -Builder of mntelials and equipu,eat delivered at the s�. tr and all required taxes, less applicable trade discounts: .2 Design Builder's costs for unloading and handling at the site, labor, installuticn costs, overhead. Profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sorn but not in the a':lowmsces,'and -- S C1 WpCt. Ov FtI A J e, 710 zr, ]11,1Vd , L a2 /i,.b nde Jr,,,ftJr o IeeC V5'1` t?- nhi r rpr. a 2 Zq/ZppE., �antl e�sale , .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section A.3.8.2.1 and (2) changes in Design -Builder's costs under Section A.3.8.2,2. § A.3.6.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. § A.3.9 DESIGN -BUILDER'S SCHEDULE § A.3.9.1 The Design -Builder, promptly after execution of the Design -Build Contract, shall prepare and submit for the Owner's information the Design -Builder's schedule for the Work. The schedule shalt not exceed time limits and shall be in such detail as required under the Design -Build Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shalt be related to the entire Project to the extent required by the Design -Build Documents, shall provide for expeditious and practicable execution of the Work and shall include alloLvances for periods of time required for the Owner's review and for approval of submissions by authorities having.jurisdiction over the project. § A.3.9.2 The Design -Builder shall prepare and keep current a schedule of subrnittals required by the Design -Build Documents. § A.3.9.3 The Design -Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner. § A.3.10 DOCUMENTS AND SAMPLES AT THE SITE § A.3,10.1 The Design -Builder shall maintain at the site for the Owner ane record copy of the drawings, specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be delivered to the Owner upon completion of the Work. § A.3.11 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § A.3.11.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Design -Builder or a Contractor, Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work, § A.111.2 Product Data are illustrations, standard schedules, performance charls, instructions, brochures, diagrams and other information Furnished by the Design -B udder to illustrate materials or equipment for some portion of the Work. § A.3.11.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § A.3,11.4 Shop Drawings, Product Data, Samples and similar submittals are not Design -Build Documents The purpose of their submittal is to demonstrate for those portions of the Work for which subn3ittals are required by the Design -Build Documents the way by which the Design -Builder proposes to conform to the Design -Build Documents. with the Design -Build Documents and approvt and Y'.I rata, Samples and similar submittals required by the ;•_ittl rr nn,,,hlti ISr,4:'-Ch SPglieilCe aS tf;'r0 df-d:1v in the Wok orifi tile' atiI111IIc' of fhc { k, ,,.•i § A.3.11.6 ,By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Design - Budder represents that the Design -Builder has determined and venficd materials, field measurements and field construction criteria reiated thereto, or will do so, and has checked and eoorditia¢cd the infornatien contained within such submittals with the requirements of the Work and of the Design -Build Decurrtents Aid, r;oc�nulnt.4}a1 _ 2004 E=xri,1W s, CnpvrIgnt Hrr. n,'i'1 T-A;hVgMS rasarvad AZI N3 1 �'],' lac m 111.;(1=5'�rl i,r :_ .. �7 1C § A.3.12 USE OF SITE § A.3.12.1 The Design -Builder shall confine operations at the site to areas permitted by law, ordinances, permits and the Design -Build Documents, and shall not unreasonably encumber the site with materials or equipment. § A.3.13 CUTTING AND PATCHING § A.3.13.1 The Design -Builder shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § A.3,13.2 The Design -Builder shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction or by excavation. The Design -Builder shall not cul or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Design -Builder shall not unreasonably withhold from the Owner or a separate contractor the Design -Builder's consent to cutting or otherwise altering the Work. § A.3.14 CLEANING UP § A.3.14.1 The Design -Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Design -Build Contract. At completion of the Work, the Design - Builder shall remove from and about the Project waste materials, rubbish, the Design -Builder's tools, construction equipment, machinery and surplus materials. § A.3.14.2 If the Design -Builder fails to clean up as provided in the Design -Build Documents, the Owner may do so and the cost thereof shall be charged to the Design -Builder. § A.3.15 ACCESS TO WORK § A.3.15.1 The Design -Builder shall provide the Owner access to the Work in preparation and progress wherever located. § A.3.16 ROYALTIES, PATENTS AND COPYRIGHTS § A.3.16.1 The Design -Builder shall pay all royalties and license fees. The Design -Builder shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a Particular manufacturer or manufacturers is required or where the copyright violations are contained in drawings, specifications or other documents prepared by or furnished to the Design -Builder by the Owner. However, if the Design -Builder has reason to believe that the required design, process or product is an infringement of a copynght or a patent, the Design -Builder shall be responsible for such loss unless such information is promptly furnished to the Owner. § A,3.17 INDEMNIFICATION § A.3.17.1 To the fullest extent perrnitted by law, the Design -Builder shall indemnify and hold harmless the Owner, Owner's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property other than the Work itself, but only to the extent caused by the negligent acts or omissions of the Design -Builder, Architect, a Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or ex oense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negwc abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Scctinn A 3.1 "1 § A.3.17.2 In claims against any person or entity indemnified under this Section A.3.17 by an employee of the Design -Builder, the Architect, a Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section A.3.17.1 shall not be linntcd by a I'mils1mu on amount nr type of damagescompensation or benefits payable by o; For the Design Builder, the Architect or a Contractor or a Subcom fact or under workerscompensation acts, disabih.ty benefit acts or other employee benefit acts. - .. _ .. - ARTICLE A.4 DISPUTE RESOLUTION § AAA CLAIMS AND DISPUTES § A.4.1.1 Deflnition, A Claim is a demand or assertion by one of the panics seeking, as a mailer of right, adjustment or interpretation of Design -Build Contract terms, payment of money, extension of time or other relief with respect to the terms of the Design -Build Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Design -Builder arising out of or relating to the Design -Build Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. § A.4.1.2 Time Limits on Claims, Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the other party. § A.4.1.3 Continuing Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section A.9.7.1 and Article A. 14, the Design -Builder shall proceed diligently with performance of the Design -Build Contract and the Owner shalt continue to make payments in accordance with the Design -Build Documents. § AAAA Claims for Concealed or Unknown Conditions, If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Design - Build Documents or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design -Build Documents, then the observing party shall give notice to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner shall Promptly investigatesuch conditions and, if they differ materially and cause an increase or decrease in the Design - Builder's cost of, or time required for, performance of any pan of the Work, shall negotiate with the Design -Builder an equitableadjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design -Build Documents and that no change in the terms of the Design -Build Contract is justified, the Owner shall so notify the Design -Builder in writing, stating the reasons, Claims by the Design -Builder in opposition to such determination must be made within 21 days after the Owner has given notice of the decision, If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Design -Builder cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall proceed pursuant to Section A.4.2. § A.4.1.5 Claims for Additional Cost. If the Design -Builder wishes to make Claim for an increase in the Contract Sum, writtennotice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section A.10.6. § A.4.1.6 If the Design -Builder believes additional cost is involved for reasons including but not limited to (1) an order by the Owner to stop the Work where the Design -Builder was not at fault, (2) a written order for the Work issued by the Owner, (3) failure of payment by the Owner, (4) lenrunation of the Design -Build Contract by the Owner, (5) Owner's suspension or (6) other reasonable grounds, Claim shall be filed in accordance with this Section A.4.1. § A.4.1,7 Claims for Additional Time § A.4.1.7.1 If the Design -Builder wishes to make Claim for an increase in the Contract Time, written notice as Provided herein shall be given. The Design -Builder's Claim shall include an estimate of the time and its effect on the progress of the Work. In the case of a continuing delay, only one Claim is necessary. § A.4.1.7.2 If adversee weather conditions .ire tho hesis Cora Clain to, additional nrnz, such Claim ,, ,,h re documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § A.4.1.5 Injury or Damage to person or Property. if either party to the Design -Build Contract suffers injury or damage to person or property because of an act or omission of the other party or of olhers for whose acts such puny is legally responsible, written notice of such mint y or damage, whether or not insured, shall be given to the other party a,ithin a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter Alp G cumsnF A 151 -?OC E r til !.,u.'=_ of A P:Ifpcl:. All gh. res'r .,.1. kr�- -ar e= § A.4,1.9 If unit prices are stated in the Desigu-Build Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or' Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause slabstantial inequity to the Owner or Design -Builder, the applicable unit prices shall be equitably adjusted. § A.4,1.10 Claims for Consequential Damages. Design -Builder and Owner waive Claims against each other for consequential damages arising out of or relating to the Design -Build Contract. Tws mutual waiver includes: .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Design -Builder for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work, This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article A, 14, Nothing contained in this Section A.4.1.10 shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Design -Build Documents. § A,4.1.11 If the enactment or revision of codes, laws or regulations or official interpretations which govern the Project cause an increase or decrease of the Design -Builder's cost of, or time required for, performance of the Work, the Des.ign-Builder shall be entitled to an equitable adjustment in Contract Sum or Contract Time. If the Owner and Design -Builder cannot agree upon an adjus"ent in the Contract Sum or Contract Time, the Design -Builder shall submit a Claim pursuant to Section AA, 1, § A.4.2 RESOLUTION OF CLAIMS AND DISPUTES § A,4,2,1 Decision by Neutral, If the parties have identified a Neutral in Section 61 of the Agreement or elsewhere in the Design -Build Documents, then Claims, excluding those arising under Sections A,10.3 through A,10.5, shall be referred initially to the Neutral for decision. An initial decision by the Neutral shall be required as a condition precedent to mediation of all Claims between the Owner and Design -Builder arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Neutral with no decision having been rendered by the Neutral. Unless the Neutral and ail affected parties agree, the Neutral will not decide disputes between the Design -Builder and persons or entities other than the Owner. § A.4,2.2 Decision by Owner. If the parties have not identified a Neutral in Section 6.1 of the Agreement or elsewhere in the Design -Build Documents then, except for those claims arising under Sections A.10.3 and A.10.5, the Owner shall provide an initial decision. An initial decision by the Owner shall be required as a condition precedent to mediation of all Claims between the Owner and Design -Builder arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Owner with no decision having been rendered by the Owner. § A,4.2,3 The initial decision pursuant to Sections A 4.2.1 and A.4.2.2 shall be is writing, shall state the reasons therefore and shall notify the parties of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject first to mediation under Section A.4.3 and thereafter to such other dispute resolution methods as provided in Section 6.2 of the Agreement or elsewhere in the Design -Build Documents. "g AA.2.4 Ir, the evellt o.` a Clain against the Design -Builder, the Owner tmy, bit is not obligated to, notify the surety, if any, of (be nature and amouiii of the Claire, if tht Claim relates to a passibility of a Dcsigr)-Builder') default, the owner may, but is not obligated to, nutify the surety and request lhesweiy's assistance in resulaiiig the cotltxovcrsv- § AA.2.5 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim. may proceed to accorda:lce, with applicable liw to conipl) Kii>.- the lien notice or filing deadiirles prior to initial resolution of the Claim Alk 7' urc i A141" - 200.1 cxhi!'. t. A. r�s,,yhl — ;, rF Lm,Fr ca _P!e &I; f g'!ts rzsery?C , ;,uh, r; 7t — -- y § A.4.3 MEDIATION § A.4.3.1 Any Claim arising out of or related to the Design -Build Contract, except those waived as provided for in Sections A.A.I.10, A.9.10.4 and A.9,10.5, shall, after initial decision of the Claim or 30 days after submission of the Claim for initial decision, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable or other binding dispute resolution proceedings by either party. § A.4.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rales of the American Arbitration Association currently in effect at the time of the mediation. Request for mediation shall be filed in writing with the other party to the Design -Build Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration or other binding dispute resolution proceedings but, in such event, mediation shall proceed in advance thereof or of legal or equitable 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 agre-emenl of the parties or court order. § A,4.3.3 The patties 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. § AAA ARBITRATION § AAA1 Claims, except those waived as provided for in Sections A.4.1,10, A.9.10A and A.9.10.5, for which initial decisions have not become final and binding, and which have not been resolved by mediation but which are subject to arbitration pursuant to Sections 6.2 and 6.3 of the Agreement or elsewhere in the Design -Build Documents, shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction industry Arbitration Rules of the American Arbitration Association currently in effect at the time of the arbitration. The demand for arbitration shall be filed in writing with the outer party to the Design -Build Contract and with the American Arbitration Association. § A.4.4.2 A demand for arbitration may be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Section A.13.6. § AA.4.3 An arbitration pursuant to this Section AAA may be joined with an arbitration involving common issues of law or fact between the Owner or Design -Builder and any person or entity with whore the Owner or Design -Builder has a contractual obligation to arbitrate disputes which does not prohibit consolidation or joinder, No other arbitration arising out of or relating to the Design -Build Contract shall include, by consolidation, joinder or in any other mariner, an additional person or entity not a party to the Design -Build Contract or not a party to an agreement with the Owner or Design -Builder, except by written consent containing a specific reference to the Design -Build Contract signed by the Owner and Design -Builder and any other person or entities sought to be joined. Consent to arbitration involving an additional person or entity shali not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to the Agreement shall be speciFically enforceable in accordance with applicable law in any court having jurisdiction thereof, § A 4AA Claims and Timely Assertion of Claims. The pary filing a notice of demand for arbitration rr;uM assert in t1:c demand all Claims then known to that party on which arbitration is permitted !o be de;nanded. AAA,5 ,Judgment or. i'inai Award. The L l%var4l rend=red bi Fhc of Ci11-Tait' or tlfbirrniol'ti j may be entered upon it in accordance wit, applicable hJu in ar.y court havingJi:isdictinn tine;eoi. AF'JiCLE A.5 Ati( AR0 OF CONTRACTS § .4.5.1 Unless othervrise stated in the Design -Build Documents. or the bidding or proposal requiroirents, the Desig;t Bnild?:T, as soon as practicable after aw:iJd of the Design Build Contract. shall furnish in writing to the OwnFCr 111c names of additional persons or entities not originally included in the Design-l3L1ilder'S proposal of ul substitution ut a person or entity (including those who are to furnish design services or materials or equipment Fabricated to a special design) proposed for each principal portion of the Work. The Owner will promptly reply in the Design- -)c, ,LgnEnt .6 141, 2,"> , Exhibi, ACjpyrigilr 2004 ryy',"i�=_ At':n5i ii.;te sc �i „rchil `...----_--_—.d~ o <<s. Aff i'tg� to re-ra Builder in writing stating whether or not the Owner has reasonable objection to any such proposed additional person or entity. Failure of the Owner to reply promptly shall constitute notice of no reasonable objection. § A.5.2 The Design -Builder shall not contract with a proposed person or entity to whom which the Owner has made reasonable and timely objection. The Design -Builder shall not be required to contract with anyone to whom the Design -Builder has made reasonable objection. § A,5.3 If the Owner has reasonable objection to a person or entity proposed by the Design -Builder, the Design - Builder shall propose another to whom the Owner has no reasonable objection. If the proposed but rejected additional person or entity was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute person's or entity's Work. However, no increase in the Contract Suet or Contract Time shall be allowed for such change unless the Design -Builder has acted promptly and responsively in submitting names as required. § A.5.4 The Design -Builder shall not change a person or entity previously selected if the Owner makes reasonable objection to such substitute. § A.5,5 CONTINGENT ASSIGNMENT OF CONTRACTS § A,5.5.1 Each agreement for a portion of the Work is assigned by the Design -Builder to the Owner provided that: A assignment is effective only after termination of the Design -Build Contract by the Owner for cause pursuant to Section A, 14.2 and only for those agreements which the Owner accepts by notifying the contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, cbligated under bond relating to the Design -Build Contract. § A.5.5.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Contractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE A,6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § A,6,1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § A.6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction or operations on the site. The Design -Builder shall cooperate with the Owner and separate contractors whose work might interfere with the Design -Builder's Work. If the Design -Builder claims that delay or additional cost is involved because of such action by the Owner, the Design -Builder shall make such Claim as provided in Section AAA. § A.6.1,2 The term "separate contractor" shall mean any contractor retained by the Owner pursuant to Section A.6.1,1. § A.6A,3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the work of the Design -Builder, who shall cooperate with than. The Design -Builder shall participate with other separate contractors and the Owner in reviewing their canstruclion schedules when directed to do so. The Design -Builder shall make any revisions to the construction schedule deemed necessar? after a joint review and mutual agreement. The construction schedules shall then constitute the schedales to be used by the pesign-Builder. separate contractors and the Owner u?ttil subsequently revised J fA.6.2 MUTUAL RESPONSIERJTY § X1,621 The Design -.Builder shall afford the Owner z:nd scparute coiaractors reasonable opporiur!tty fur inuoduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the r7esign i3uiider's Corsi, Uction and operrtiuiis with theirs as rec{uired by the Design -Build Documents. S A 6,2.2 if pan of tlr' Design -Builder's Work dc;per,ds for prcpc°t execution or results upon design: ccrstructton or operations by the Owner or a separate contractor, the Design -Builder shall, prior to proceeding with that portion tit the Work, promptly report to the Owner apparent discrepancies or defects in such olhet construction that would render it unsuitable for such proper em;cution and results. Failure of the Design -Builder so to report shall cortstiiutt: 1 idt" 2UL? ``<zhion :, .:bt riht 2 ''. ny s ,_ ''r a: , a' A cr.,ter s .Ali rit}rit, ree r p nr, Tr. s 1 an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Design -Builder's Work, except as to defects not then reasonably discoverable. § A.6.2,3 The Owner shall he reimbursed by the Design -Builder for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Design - Builder. The Owner shall be responsible to the Design -Builder for costs incurred by the Design -Builder because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. § A.6.2.4 The Design -Builder shall promptly remedy damage wrongfully caused by the Design -Builder to completed or partially completed construction or to property of the Owner or separate contractors. § A.6,2,5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described in Section A.3.13. § A-6.3 OWNER'S RIGHT TO CLEAN UP § A.6.3.1 If a dispute arises among the Design -Builder, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Owner shall allocate the cost among those responsible. ARTICLE A.7 CHANGES IN THE WORK §A.7.1 GENERAL § A47,1.1 Changes in the Work may be accomplished after execution of the Design -Build Contract, and without invalidating the Design -Build Contract, by Change Order or Construction Change Directive, subject to the limitations stated in this Article A.7 and elsewhere in the Design -Build Documents. § A,7.1,2 A Change Order shall be based upon agreement between the Owner and Design -Builder. A Construction Change Directive may be issued by the Owner with or without agreement by the Design -Builder. § A.7.1.3 Changes in the Work shall be performed under applicable provisions of the Design -Build Documents, and the Design -Builder shall proceed promptly, unless otherwise provided in the Change Order or Construction Change Directive. § A.7.2 CHANGE ORDERS § A.7.2.1 A Change Order is a written instrument signed by the Owner and Design -Builder stating their agreement upon all of the following: .1 a change in the Work; •2 the amount of the adjustment, if any, in the Co tract Sum; and 3 the extent of the adjustment, if any, in the Contract Time. § A,7.2.2 if the Owner requests a proposal for a change in the Work from the Design -Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse the Design -Builder for any costs incurred for estimating services, design services or preparation of proposed revisions to the Design -Build Documents. § A.7.2.3 Methods used in determining adjustments to the Contract Sum may include those listed in Section A,T3 3. §.4.7.3 CONSTRUCTION CHANGE DIRECTIVES § A.7,3.1 A Con.strucion Change Directive is a written order signed by the Owner d;recting a change m the Work poor to agreement on adjustment, if any, in the Contract Sum or COuL' acr Time, or both_ Tile 0,ximr may by Construction Change Directive, without invalidating the DesignBuildContract, order changes in the Work '\, nk,11, the general scope of the Design -Build Documents consisting of additions, deletions or other revisions, the Contract Sinn and Contract Time being adjusted accordingly_ § Order, 2 A Con=traction Chz,a,ve Drrecti'�e shall be used !.n the absence of total agreement on the terra; of a Chante Order. _ 0.IA Oocurn<it?1-I 2G04 _li n 5�pyr ah .0<v 1 or h_e cy Jreserved All Ig"_s_ �A o c'n y len�. ., � - IJ !oo x' cp oac m U ws�: �t�.: I 21 Tr,c'cr. 15 § A.7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: •1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; ,2 unit prices stated in the Design -Build Documents or subsequently agreed upon, or equitably adjusted as provided in Section AA.1.9; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Section A.7.3.6. § A,7.3.4 Upon receipt of a Construction Change Directive, the Design -Builder shall promptly proceed with the change in the Work involved and advise the Owner of the Design -Builder's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § A.7.3.5 A Construction Change Directive signed by the Design -Builder indicates the agreement of the Design - Builder therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § A.7.3.6 If the Design -Builder does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Owner on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Section A.7.3.3.3, the Design -Builder shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Design -Build Documents, costs for the purposes of this Section A.7.3.6 shall be limited to the following: .1 additional costs of professional services; .2 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .3 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .4 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Design - Builder or others; •5 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and •6 additional costs of supervision and field office personnel directly attributable to the change. § A.7.3.7 The amount of credit to be allowed by the Design -Builder to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § A.7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, [Ile Owner shall make an interim determination for purposes of monthly payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right or it,, Design -Builder to disagree and assert a Claim in accordance .vith A.niele A.4 . §antra t When the Gwner ,;.�,I t:.; ,.,�,�, R,ii4lct rr.t.h agreement concerning the adjo�Unen LS m the Contr, Sum an Contract Time, or otherui,:: i„ -,,.h ::,error mcn; ,n,on the adjustments, such agreement shall be effective irnmtdi elelr and shall be recorded by p rh,:,.t �,,:, ,ut,i -, �i;i, ;; of an appropriate Change Order_ § A.7.4 MINOR CHANGES IN THE WORK § A.7.4.1 The Owner shall have amhority to order manor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Tune and not inconsistent with the intent of the Design -Build lwtl A. f , c i � -_ .rr- Documents. Such changes shall be effected by written order and shall be binding on the Design -Builder, The Design -Builder shall carry out such written orders promptly. ARTICLE A.8 TIME § A.8.1 DEFINITIONS § A.8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Design -Build Documents for Substantial Completion of the Work. § A.8.1,2 The date of commencement of the Work shall be the date stated in the Agreement unless provision is made for the date to be fixed in a notice to proceed issued by the Owner, § A.8.1.3 The date of Substantial Completion is the date determined by the Owner in accordance with Section A.9.8. § A,8.1,4 The terra "day" as used in the Design -Build Documents shall mean calendar day unless otherwise specifically defined. § A.B,2 PROGRESS AND COMPLETION § A.8.2,1 Time limits stated in the Design -Build Documents are of the essence of the Design -Build Contract. By executing the Design -Build Contract, the Design -Builder confirms that the Contract Time is a reasonable period for performing the Work. § A8.2.2 The Design -Builder shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence construction operations on the site or elsewhere prior to the effective date of insurance required by Article A, I 1 to be furnished by the Design -Builder and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance, Unless the date of commencement is established by the Design -Build Documents or a notice to proceed given by the Owner, the Design -Builder shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's Liens and other security interests, § A,8.2,3 The Design -Builder shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § A.83 DELAYS AND EXTENSIONS OF TIME § A.8.3.1 If the Design -Builder is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Design -Builder's control, or by delay authorized by the Owner pending resolution of disputes pursuant to the Design -Build Documents, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. § A,8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section A.4.1 7. § A.8,3.3 This Section A.8.3 does not preclude recovery of damages for delay by either party under other provisions of the Design -Build Documents. ARTICLE A.9 PAYMENTS AND COMPLETION § A,9.1 CONTRACT SUM § A.9.1,1 'The Contract Sum is stated in the Design -Build Ducurmnta and, including authorized adjustments, is the total amount payable by the 0�4ner tc, the Design-Builde, for pPr{orrmnce c,F the W,ar1; under the Desigl.-Biilld Documents. § A.9.2 SCHEDULE OF VALUES § A,9.2.1 Before the first ,Application for Payment, where the Contract Sum is based upon a Stipulated Sum or the Cost of the Work l)lus Contractor's Fee with a Guaranteed Maximum Price, the Design -Builder shalt submit to the Owner an initial schedule of values allocated to vrrious portiuns of the Work (prepared in such form and supported by such data to substantiate its ac,_uracy as the Owner may require This schedule, unless objected to by the Owner J�6J�by"�n.�Ou+.ec?�;�i.i��cc. AN'iIhhrese;Vad 'r'la.;,.`!- T,r, shall be used as a basis for reviewing the Design-Builder's Applications for Payment. The schedule of values may be updated periodically to reflect changes in the allocation of the Contract Sum. § A.9.3 APPLICATIONS FOR PAYMENT § A.9.3.1 At least ten days before the date established for each progress payment, the Design-Builder shall submit to the Owner an itemized Application for Payment for operations completed in accordance with the current schedule of values, Such application shall be notarized, if required, and supported by such data substantiating the Design- Builder's right to payment as the Owner may require, such as copies of requisitions from Contractors and material suppliers, and reflecting retainage if provided for in the Design-Build Documents: § A.9,3.1,1 As provided in Section A.7.3.8, such applications may include requests for payment on account of Changes in the Work which have been properly authorized by Construction Change Directives but are not yet included in Change Orders. § A,9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Design- Builder does not intend to pay to a Contractor or material supplier or other parties providing services for the Design- Builder, unless such Work has been performed by others whom the Design-Builder intends to pay. § A.9.3.2 Unless otherwise provided in the Design-Build Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equiprnenl stored on or off the site shall be conditioned upon compliance by the Design-Builder with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § A.9.3.3 The Design-Builder warrants that title to all Work other than Instruments of Service covered by an Application for Payment will pass to the Owner no later than the time of payment.. The Design-Builder further warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Design-Builder's knowledge, information and belief, be free and clear of liens, Claims, security interests or encumbrances in favor of the Design- Builder, Contractors, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § A.9.4 ACKNOWLEDGEMENT OF APPLICATION FOR PAYMENT § A.9.4.1 The Owner shall, within seven days after receipt of the Design-Builder's Application for Payment, issue to the Design-iiuitder a wrilien acknowledgement of receipt of the Design-Builder's Application for Payment indicating the ammim the Owner has determined to be properly due and, if applicable, the reasons for withholding p;ryment in whole or in part. § A,9.5 DECISIONS TO WITHHOLD PAYMENT § A,9,5.1 The Owner may withhold a payment in whole or in part to the extent reasonably necessary to protect the Owner due to the Owner's detemtination rhat the Work has not progressed to the point indicated in the Application; for Payment or that the quality of Work is not in accordance with the Design-Build Documents. The Owner may also withhold a payment or, because of subsequently discovered evidence, may nullify the whole or a part of an Application for Payment previously issued to such extent as may be necessary to protect the Owncr from loss for which the Design-Builder is responsible-, including loss resulting from acts and omissions, because of the following: A defective Work not remedied; .2 third-party claims filed or reaso:tablc evidence indicating prohaale fllinp ,;f 41101 ,lain; le security acceptable to the Owner is provided by the Design-Buildtf' .3 failure of the Design-Builder to make payments properly to Contractors or for design servicc,4 labor materials or equipment: .4 reasonable evidence tha; the Work cannot be completed Far the unpaid ba!znee of the Coniract ;urn,; .5 damage to the Owner or a separate contractor; .S reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damaces for the ar.Lcipated dela), or (.f$ r:oc•,rnani glltig5;.; .acre?'� `:Y•IS _ �:�.� _ 19 persistent failure to carry out the Work in accordance with the Design -Build Documents. § A,9.5.2 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. § A.9.6 PROGRESS PAYMENTS § A.9.6.1 After the Owner has issued a written acknowledgement of receipt of the Design -Builder's Application for Payment, the Owner shalt make payment of the amount, in the manner and within the time provided in the Design - Build Documents. § A,9.6.2 The Design-Buiider shall promptly pay the Architect, each design professional and other consultants retained directly by the Design -Builder, upon receipt of payment from the Owner, out of the amount paid to the Design -Builder on account of cacti such party's respective portion of the Work, the amount io which each such party is entitled. § A.9.6.3 The Design -Builder shall promptly pay each Contractor, upon receipt of payment from the Owner, out of the amount paid to the Design -Builder on account of such Contractor's portion of the Work, the amount to which said Contractor is entitled, reflecting percentages actually retained from payments to the Design -Builder on account of the Contractor's portion of the Work. The Design -Builder shall, by appropriate agreement with each Contractor, require each Contractor to make payments to Subcontractors in a similar manner. § A,9.6,4 The Owner shall have no obligation to pay or to see to the payment of money to a Contractor except as may otherwise be required by law. § A.9.6.5 Paymen( to material suppliers shall be treated in a manner similar to that provided in Sections A.9.6.3 and A.9.6.4. § A,9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner, shall not constitute acceptance of Work not in accordance with the Design -Build Documents. § A.9,6.7 Unless the Design -Builder provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Design -Builder for Work properly performed by Contractors and suppliers shall be held by the Design -Builder for those Contractors or suppliers who performed Work or furnished materials, or both, under contract with the Design -Builder for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not be commingled with money of the Design -Builder, shall create any fiduciary liability or tort liability on the part of the Design -Builder For breach of trust or shall entitle any person or entity to an award of purdtive damages against the Design -Builder for breach of the requirements of this provision. § A,9,7 FAILURE OF PAYMENT § A.9.7,1 if for reasons other than those enumerated in Section A.9.5.1, the Owner does not issue a payment within (Ire time period required by Section I apt' the \-rec3nent, then the Design -Builder may, upon seven additional days' urittcn notice to the fawner. L,Z(10 thc' Wnrk until payment of the amount owing has been received. The c(;wract Timc shall ire r:xie)iJvd approprimely and the Contract Sum shall beincreased by the amount of the t�cciun l,uil�ir:r . rc<t.unuhlr cilm�; ot'sh(urir)w11, dcla :mil star( -up, plus interest as provided for in the Design-BuiiA § A.9,8 SUBSTANTIAL COMPLETION § A.9.8.1 Substantial Completion is the stngcc in the progres, o? the v,hi;n the Work c( dcsi-iaifci poroo!i thereof is sufficiently compiete in accordance with the Design-Suild floc ;[news so that the Owner carf u.cupy of use the Work or a portion thereof for its intended use § A.9.9.2 When the Design-Boilder considers that the Work, or a portion thereof which the Owncr agrees to accept separately, is substantially complete, the Design -Builder shall nrel,,:!_ DnJ ,ribini! i,) t3wf i,.'t: a cornprchc!isive ii-! of items to be completed or corrected prior to final payment. Vnihm: to include. an item am � -!ch list does rzot alter the responsibility of the Design -Builder to complete all Work itt .ic, rs{t;r!, r m ith tl,c t)c.ici, 13 !iiJ Documents § A.9.8,3 Upon receipt of the Design -Builder's list, the Owner shalt make an inspection to determine whether the Work or designated ponion thereof is substantially complete. If the Owner's inspection discloses any item, whether or not included on the Design -Builder's list, which is not substantially complete, the Design -Builder shall complete or correct such item. In such case, the Design -Builder shall then submit a request for another inspection by the Owner to determine whether the Design -Builder's Work is substantially complete. § A.9.8.4 In the event of a dispute regarding whether the Design -Builder's Work is substantially complete, the dispute shall be resolved pursuant to Article A.4, § A.9.8,5 When the Work or designated portion thereof is substantially complete, the Design -Builder shall prepare for the Owner's signature an Acknowledgement of Substantial Completion which, when signed by the Owner, shall establish (1) the date of Substantial Completion of the Work, (2) responsibilities between the Owner and Design - Builder for security, maintenance, heat, utilities, damage to the Work and insurance, and (3) the time within which the Design -Builder shall finish al] items on the list accompanying the Acknowledgement. When the Owner's inspection discloses that the Work or a designated portion thereof is substantially complete, the Owner shall sign the Acknowledgement of Substantial Completion. Warranties required by the Design -Build Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Acknowledgement of Substantial Completion. § A.9.8.6 Upon execution of the Acknowledgement of Substantial Completion and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Design -Build Documents. § A.9.9 PARTIAL OCCUPANCY OR USE § A.9,91 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design -Builder, provided such occupancy or use is consented to by the insurer, if so required by the insurer, and authorized by public authorities having jurisdiction over the Work, Such partial occupancy or use may continence whether or not the portion is substantially complete, provided the dwner and Design -Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for completion or correction of the Work and commencement of warranties required by the Design -Build Documents. When the Design -Builder considers a portion substantially complete, the Design -Builder shall prepare and submit a list to the Owner as provided under Section A.9.8.2. Consent of the Design -Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design -Builder, § A,9,9.2 Immediately prior to such partial occupancy or use, the Owner and Design -Builder shall jointly inspect the area to be occupied or portion of the Work to be used to determine and record the condition of the Work § A.9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Design -Build Documents. § A.9A0 FINAL COMPLETION AND FINAL PAYMENT § A.9,10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipi of a final Application for Payment, the Owner shall promptly make such inspection and, when the Owner finds the Work acceptable under the Design -Build Documents and fully performed, the O,vnzr shall, subject to Section A 9.10.2, promptly make final payment to the Design -Builder I .9.10.2 N'eilh r lista] p -inerts rte ursy re�lainiaag ie.tained percentage will bec;,rne due r:ntil tine Desi n l3uiict:. submits to the Owner 0 ) an afida, it tha: payroll., bills fur materials artd equipment, and other irtdebted;,ess connected with the Work for which the. Owner or the Owner's property might be responsible or encumbered (l s_ arnounts withheld by Owner) have bc,�n paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design -Build Docurtems to ramal;: in force after final payment is currently in effect and will not be cancelled or allowed to expis-e until at least =U clays' priur written notice has beengiven ro the Ov,;r.er (31 a w6np,,! statement that the Design -Builder knows or no substantial reason that the insurance will not be renewable in cove-, tfte period required by th.� Design -Build Document:;, (4) consent of surety, if any, 1.0 final payment, and (`) if !-ecirtired by the Owner, other data establishing payment or smisfa�tion of obligations, such as receipts, releases ,md .tfG 3Cu,a2n; °.1 4', 2i:R.! �xr3;hi', A Cur r4a;;; c :p[- F, , .. V.. ar; +'naa,:.::e of krc t.ecl; All rights tegp-tveC r va: p,odjCetl -Y'YA O„Ir Nr r �C.. 7 ,-C 2 f HIIICfi n 3123'2006 a^C I1 �P.>'�1I�eS Jit waivers of liens, claims, security interests or encumbrances arising out of the Design -Build Contract, to the extent and in such form as may be designated by the Owner. If a Contractor refuses to furnish a release or waiver required by the Owner, the Design -Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Design -Builder shall refund to the Owner all money that the Owner may be liable to pay in connection with the discharge of such lien, including all costs and reasonable attorneys' fees. § A.9,10.3 If, after the Owner determines that the Design -Builder's Work or designated portion thereof is substantially completed, final completion thereof is materially delayed through no fault of the Design -Builder or by issuance of a Change Order or a Construction Change Directive affecting foal completion, the Owner shall, upon application by the Design -Builder, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design -Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Design -Builder. Such payment shall be made under terms and conditions governing final payment, except that it shall not constilute a waiver of claims. § A.9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: 11 liens, Claims, security interests or encumbrances arising out of the Design -Build Documents and unsettled; .2 failure of the Work to comply with the requirements of the Design -Build Documents', or .3 terms of special warranties required by the Design -Build Documents. § A.9,10.5 Acceptance of final payment by the Design -Builder, a Contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE A.10 PROTECTION OF PERSONS AND PROPERTY § A.10.1 SAFETY PRECAUTIONS AND PROGRAMS § A.10.1.1 The Design -Builder shall be responsible for initialing and maintaining all safety precautions and programs in connection with the performance of the Design -Build Contract. § A10.2 SAFETY OF PERSONS AND PROPERTY § A,10.2.1 The Design -Builder shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site or under the care, custody or control of the Design -Builder or 1heDesign-Builder's Contractors or Subcontractors; and 3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction, § A.10.2,2 The Design -Builder shall give notices and comply with applicable laws, ordinances; rules, regulations and lawful orders of public aulhorities bearing on safety of persons or property or their protection from damage, injury OT loss § A.1023 The Design-1?ui!der sh<;ll erect and maintain, as required by existing conditions and perfornt,arrce of the Design -Build Docu men?5, Laf�,-Lards for gaiety ]Till prUt.',lttUll, 1n�:lriChn0 pOStlnb dalJO r 5iL'rFS dnd G;fiL-_ warnings rgaittst ha7arcis, pramul2ating safety regulations and notifying o,,vritrs and users of adjacent sitea and utilities J V § A.10.2.4 Mien use cr storage of txpiosives or other hazardous materials or equipmcnt or unusual method; arc necessary f,); execution of the Work, the Desigtr-Builder shall exercise utmost c?_re and carr} cm �u:h ac:it'ittes under supervision of properly qualified personnel. -iii']; cnhi bi; ;;o}"�yrig! i — .0. L;, Tne n ,,ar-'nSCr �._ _ 'ire: ��I�:G AllriC;his-- § AA 0.2,5 The resign -Builder shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Design -Build Documents) to property referred to in Sections A. 10.2.1.2 and A. 10.2.1.3 caused in whole or in part by the Design -Builder, the Architect, a Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be Liable and for which the Design -Builder is responsible under Sections A. 10.2.1.2 and A.10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the Owner may be liable, and not attributable to the fault or negligence of the Design -Builder. The foregoing obligations of the Design -Builder are in addition to the Design -Builder's obligations under Section A.3.17. § A.10,2,6 The Design -Builder shall designate in writing to the Owner a responsible individual whose duty shatl be the prevention of accidents. § A.10.2.7 The Design -Builder shall not load or permit any part of the constnlction or site to be loaded so as to endanger its safety. § A10.3 HAZARDOUS MATERIALS § A.10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Design -Builder, the Design -Builder shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner. § A.%3,2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Design -Builder and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Design -Build Documents, the Owner shall furnish in writing to the Design -Builder the names and qualiiicadons of persons or entities who are to perform tests verifying the presence or absence of such material or substance Dr who are to perforin the task of removal or safe containment of such material or substance. The Design -Builder shall promptly reply to the Owner in writing stating whether or not the Design -Builder has reasonabie objection to tate persons or entities proposed by the Owner. If the Design -Builder has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Design -Builder has no reasonable objection. When the material or substance has been rendered harmless, work in the affected area shall resume upon written agreement of the Owner and Design -Builder. The Contract Time shall be extended appropriately, and the Contract Sum shall be increased in the amount of the Design -Builder's reasonable additional costs of shutdown, delay and start-up, which adjustments shall be accomplished as provided in Article A.7. § A.10,3,3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Design -Builder, Contractors, Subcontractors, Architect, Architect's consultants and the agents and employees of any of them from and against Claims, damages, losses and expenses, including but not limited to.attomeys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance exists on site as of the date of the Agreement, is not disclosed in the Design -Build Documents and presents the risk of bodily injury or death as described in Section A. 10.3.1 and has not been rendered harmless, provided that such Claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other than the Work itself) to the extent that such damage, loss or expense is not due to the negligence of the Design -Builder, Contractors, Subcontractors, Architect, Architect's consultants and the agents ar.d employees of any of them. § A.10A The Owner shall not he responsible !.under Sectio, A.10 3 For rnater,d!s and substances brought to Qw sire by the Design -Builder unless such mUteri tis or substances were iequircd by the DtLigc.-Build Docun-jenis AJ0.5If. without neghgcn'ce :,n tl �_ 1�,. �: :t'ti,, 1.7� .1,:i' f<u.i.f_ the Design -Builder ss 1teid {ialble for the cost u remediation: of a hazardous ma.; ",a,' ui stun :. , 11 i . !;� ::<uri of performing Work as required b) tlhe D(Esif,n Bilild DocuP7tews, the CY'Rer sl -,v;' l;i f;{1li:.i`: full' i 1 +;!II t l!t.tler tOr all cosi and er.per}Se thHreb\' uncured § A..10.6 EMERGENCIES § A,10.6.1 In an emergency affecting safety of persons or property, the Dasign-Bv0det shalt act, m the Design- Budder's discrc!ion. to prevent threatened damage, injur} cr loss. Additional eornpens.itio>> ur extension oT tim_ claimed by the Design -Builder on account of an emergency shall be determined as provided in Section A.4.1.7 and Article A.7. ARTICLE A.11 INSURANCE AND BONDS § A.11.1 Except as may otherwise beset forth in the Agreement or elsewhere in the Design -Build Documents, the Owner and Design -Builder shall purchase and maintain the following types of insurance with limits of liability and deductible amounts and subject to such terms and conditions, as set forth in this Article A.I l § A,11.2 DESIGN -BUILDER'S LIABILITY INSURANCE § A,11.2.1 The Design -Builder shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Design -Builder from claims set forth below that may arise out of or result from the Design -Builder's operations under the Design -Build Contract and for which the Design -Builder may be legally liable, whether such operations be by the Design -Builder, by a Contractor or by anyone directly or indirectly employed by any of theta, or by anyone for whose acts any of them may be liable: A claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Design - Builder's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Design -Builder's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; and .8 claims involving contractual liability insurance applicable to the Design -Builder's obligations under Section A.3.17. § A,11,2.2 The insurance required by Section A. 31.2.1 shall be written for not less than limits of liability specified in the Design -Build Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without 'interruption from date of commencement of the Worm until date of final payment and terrnination of any coverage required to be maintained after final payment § AA 1.2,3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Section A_1 1.2 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section A.9,10.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be famished by the Design -Builder with reasonable promptness in accardance with the Design -Builder's information and belief. § A.11.3 OWNER'S LIABILITY INSURANCE § A.11.3.1 The Owner shall be responsible for purchasing and maintaining the Owne.i's usual liabiht} ir,surancc § A. 11.4 PPOPERTY lNSURANCE § A.11,4.1 Unless eihwrwise proviu'ed, the Ou'ner shall purchase and maintain, rn a compeny ur cornpames iavwfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builcrer'S risk, "al] -risk" or equivalent policy fomi in the amount of the initial Contract Sun), plus the value of subsequent Design -Build Contract modifications and trust of materials supplied or installed by others, comprising total value for the entire project at the site an e replacement cost basis without optional deductibles Such property insurance sha" be maintained, unless otherwise provided in the Design -Build Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment ,r_rs been made as provided in Section A.9. to or until no person or enti(y other than the Owner has an insurable interest in the property required by iii is '✓'•��r.���A ,., '�[ ii,i�su;l l .>':I1�1,_r --_. __. _ l'•_-_-_y_�-._-...,,._-_- 1:r�Ss:t .�M ' '1 hf g A.rr rtidr !�5 ;ji — pf cl12:.15 Ali , .. Pse: v _ 24 :C this Section A.1 IA to be covered, whichever is later. This insurance shall include interests of the Owner, Design - Builder, Contractors and Subcontractors in the Project. § A.11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Design -Builder's services and expenses required as a result of such insured loss. § A.11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Design -Build Contract and with all of the coverages in the amount described above, the Owner shall so inform the Design -Builder in writing prior to commencement of the Work. The Design -Builder may then effect insurance that will protect the interests of the Design -Builder, Contractors and Subcontractors in the Work, and, by appropriate Change Order, the cost thereof shall be charged to the Owner. If the Design -Builder is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above without so notifying the Design -Builder in writing, then the Owner shall bear all reasonable costs property attributable thereto. § A.11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § A.11.4.1.4 This property insurance shall cover portions of the Work stored off the site and also portions of the Work in transit. § A,11.4.1.5 Partial occupancy or use in accordance with Section A.9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use, by endorsement or otherwise. The Owner and the Design -Builder shalt take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § A.11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Design -Build Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Design - Builder, Contractors and Subcontractors in the Work, and the Owner and Design -Builder shall be named insureds § A.11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's properly due to fire or other hazards, however caused. The Owner waives all rights of action against the Design -Builder, Architect, the Design -Builder's other design professionals, if any, Contractors and Subcontractors for loss of use of the Owner's propene, including consequential losses due to fire or other hazards, however caused. § A.11.4.4 If the Design -Builder requests in writing that insurance for risks other than those described herein or olher special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Design -Builder by appropriate Change Order § A.11.4.5 If during the Project construction pencil the Owner insures properties, real or personal or both, at or adjacent to the site by propen} insurance under policies separale from those insuring the Project, or if after feta; payment property insurance is to be provided on the completed Project through a policy orpolicles other than thtue insuring the Project during the construe tion period, the Owner shall waive all rights in accordance with the Terme of Section A.11.4.7 for damages caused by Fire or other causes of loss covered by this separate property insurance. All separale policies shall provide this waiver of subrogation by endorsement or otherwise. § A.11.4.6 Before an exposure to loss may occur, the Owner shall fine with the. Design -Builder a copy of each policy that includes insurance coverages required by this Sccdcu A.I I A. Each policy shall contain all generally applicablc conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire and that its L'mits will not be reduced until at least 30 days' prior written notice has been given to [lie Design -Builder. A lee erne f 4.a —2004 E.,hlbtl f r�pV-tg: fg Carl Cy _ e cz n_at,:r ,:mn9erle. ASI rgnls rese rM ,�r,; i a - ,x 25 § A.11.4,7 Waivers of Subrogation, The Owner and Design -Builder waive all rights against each other and any of their consultants, separate contractors described in Section A,6.1, if any, Contractors, Subcontractors, agents and employees, each of the other, and any of their contractors, subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section A.1 1.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciaxy, The Owner or Design -Builder, as appropriate, shall require of the separate contractors described in Section A.6.1. if any, and the Contractors, Subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, even though the person or entity did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § A.11,A,8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section A.11.4.10. The Design -Builder shalt pay Contractors theirjust shares of insurance proceeds received by the Design -Builder, and, by appropriate agreements, written where legally required for validity, shall require Contractors to make payments to thea Subcontractors in similar manner. § A,11,4.9 if required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate accoupt proceeds so received, which the Owner shall distribute in accordance with. such agreement as the parties in interest,.tnay reach, if after such loss no other special agreement is made and unless the Owner terminates the Design-Baild Contract for convenience, replacement of damaged property shall be performed by the Design -Builder after notification of a Change in the Work in accordance with Article A,7, § A,11,4,10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power,; The Owner as fiduciary shall, in the case of a decision or award, make settlenta nt with insurers in accordance with directions of a decision or award. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. § A,11,5 PERFORMANCE BOND AND PAYMENT BOND § A.11.5.1 The Ownor shall have the right to require the Design -Builder to lurnish bonds covering faithful performance of the Design -Build Contract and payment of obligations arising thereunder, including payment to design professionals engaged by or on behalf -of the Design -Builder, as stipulated in hiddine requirements 01- specifically rspecifically required in the Agr"turnl or elsewhere in (lit: Design -Build Docume:it:s on Jhc date cif execution of the Design -Build Contract. ARTICLE A,12 UNCOVERING AND CORRECTION OF WORK § A.12.1 UNCOVERING OF WORK § A.12.1.1 If a portion of the Work is covered contrary to requirements specifically expressed in the Design -Build Documents, it must be uncovered for the Owner's examination and be replaced at the Design -Builder's expense without change in the Contract Time § 4,12,1,2 11.a portion .;f [ht Work has he4n overed �vh;e'•: the O;.nei his nut )pecificall) guested to to its being covered, the Owner may request to see such Work and it shall be uncovered by the Design-Buiider. if such Work is in accordance with ill: I?e i n 13uikl D, � til; -n.,, e of uncovering and replacement shall, by appropriate; Change Order, be at lit 1 t ner t' , nc:ir t: i; w, h is of i, is not in accordance with the Design -Build Documents, correction shall he at tit,: I.';;.ir;i Butidv ti es.i en. t ,miess the condition was caused by the 0, ner or d separate comrnctor, in which event the Owner shall be respor;sible. Ior payrnew ofstich costs. § A.12.2 CORRECTION OF WORK § A.12.2,1 BEFORE OR AFTER SUBSTANTIAL COMPLETION, V4 Exhi0lt,. C'ci;y-;yl C ;:v F", Air r: IC_ a ,+- -- - - E '� I'; iti[.:rt �� 2,-^ni r, .�ti etC'�.,is § Al2.2.1,1 The Design -Builder shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Design -Build Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing, shall be at the Design -Builder's expense. § A.12.2,2 AFTER SUBSTANTIAL COMPLETION § A.12.2.2.1 In addition to the Design -Builder's obligations under Section A.3.5, if, within one year after the date of Substantial Completion or after the date for commencement of warranties established under Section A,4,8.5 or by terms of an applicable special warranty required by the Design -Build Docurrents, any of the Work is found to be not in accordance with the requirements of the Design -Build Documents, the Design -Builder shall correct it promptly after receipt of written notice From the Owner to do so unless the Owner has previously given the Design-BnlldVr a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Design -Builder and give the Design -Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design -Builder and to make a claim for breach of warranty. If the Design -Builder fails to correct non -conforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section A.2,5, § A.12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. § A.12.2.2,3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design -Builder pursuant to this Section A. 12.2. § A,12,2,3 The Design -Builder shall remove from the site portions of the Work which are not in accordance with the requirements of the Design -Build Documents and are neither corrected by the Design -Builder nor accepted by the Owner. § A.1224 The Design -Builder shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors causedby the Design -Builder's correction or removal of Work which is not in accordance with the requirements of the Design -Build Documents. § A.12.2.5 Nothing contained in this Section A.12.2 shall be construed to establish a period of limitation with respect to other obligations the Design -Builder might have under the Design -Build Documents Establishment of the one- year period for correction of Work as described in Section A.12.2.2 relates only to the specific obligation of the Design -Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Design -Build Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design -Builder's liability with respect to the Design -Builder's obligations other than specifically to correct the Work. § Al2.3 ACCEPTANCE Of NONCONFORMING WORK § A.12.3.1 If the Owner prefers to accept Work not in accordance with the requirements of the Design -Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be equitably adjusted by Change Order. Such adjustment shall be cffectcd whether or not final payment has been made ARTICLE A.13 MISCLLLANEOUS Pr]OViSIONS §.A.13.1 QOVERNING LAW U A,13.1.1 The Desigt-B,_J1d C0111.7.1 Shdz l I -C guti erPed b) the iQ,;i Of rhe p! :--e V"her, the P(ojcci t, lug ated § A.13.2 SIJuCESSORS ANO ,ASSIGNS §A -13J, I The Owner and Desigtt-Buiidcr resp_�, ti very bind themcIves. their partners, successors, assigns and leg4i represPntativcs. to the other party hereto and to partners, succ;�ssois, assigns and legal represeriuiiives Of such whei Party in respect to coven2ilts, ugrezmcnt,; and obligations contained ir, the Design -Build Documents Except as provided in Section A 13,2,2, neither party to the Desigtt-Build Contract shail assign the Design-Pui1d Contract ,.'i. U,�G�_i� .. ! ?t), �_,:'bi „ %cy„ti:- _ �.._ - s;,i.,_ „ •� r�- A11 r - +z„ whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Design -Build Contract § A.1322 The Owner may, without consent of the Design -Builder, assign the Design -Build Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Design -Build Documents, The Design -Builder shall execute all consents reasonably required to facilitate such assignment, § A.13,3 WRITTEN NOTICE § A.113.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if sent by registered or certified mail to the last business address known to the party giving notice. § AA 3.4 RIGHTS AND REMEDIES § A.13.4.1 Duties and obligations imposed by the Design -Build Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § A.13,4.2 No action or failure to act by the Owner or Design -Builder shall constitute a waiver of a right or duty afforded them under the Design -Build Documents, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § A.13.5 TESTS AND INSPECTIONS § A,13.5.1 Tests, inspections and approvals of portions of the Work required by the Design -Build Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Design -Builder sliall make arrangements for such tests, inspections and approvals wish an independent testing laboratory or entity acceptable to the Owner or with the appropriate public authority, and shall bear all related costa of tests, inspections and approvals. The Design -Builder shall give timely 'notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. § A.13.5.2 If the Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section A.13.5.1, the Owner shall in writing instruct the Design -Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design -Builder shall give timely notice to the Owner of when and where tests and 'inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section A.13.5.3, shall be at the Owner's expense. § A.13,5.3 If Stich procedures for testing, inspection or approval under Sections A.13.5.1 and A,13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design -Build Documents, all costs made recessitry by such failure, including those of repea(u: l procedures, shall be at the Desi gn-Builder's expense. § A,13.5,4 Required certificates of testing, inspection or approval shall, unless ctl:erwise required by the Design Build Documents, be ,secured by the Design -Builder and promptly deliverer) to the Owner. § A.13.5.5 If the Owner is to observe tests, inspections or approvals required by the the Ovnier will do so promptly arid, where practicable, at the normal place of tesiirlg. § A.13.5.5 Tests of inspections eonduci>d pur ,Jan' to thl; 7Dcsign-Bo�kj D"cult "11iSshJ1 bei unreasonable delay in the Work § A.13.6 COMMENCEMENT OF 5-1 ATUTORY LIMITATION PERIOD § A.13.6,1 As between the 0%vner and Dcsign-Builder .1 Before Substantial Completion, As to acts or failures io act occurring prior to the relevat i date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later iharl suet-: date of Substantial Completion; r=i:, . ,.0 ."�sri x,54 i� - _: , Exhibii Gt Cad}ri�ii . C�' _..JG tt I>_ N,rngnC?", I�.,hr le Or arc�t=: cls ,-ill ,;ius ..szi'ur;d a� =tail!: -• �' `- -^- 28 Between Substantial Completion and Final Application for Payment. As to acts ar failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Application for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Application for Payment; and After Final Application for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Application for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Design -Builder pursuant to any Warranty provided under Section A.3.5, the date of any correction of the Work or failure to correct the Work by the Design -Builder under Section A.12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Design -Builder or Owner, whichever occurs last. ARTICLE A.14 TERMINATION OR SUSPENSION OF THE DESIGN/BUILD CONTRACT § A.14A TERMINATION BY THE DESIGN -BUILDER § A.14.11 The Design -Builder may terminate the Design -Build Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Design -Builder or a Contractor, Subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Design -Builder, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency which requires all Work to be stopped; .3 the Owner has failed to make payment to the Design -Builder in accordance with the Design -Build Documents; or .4 the Owner has failed to furnish to the Design -Builder promptly„ upon the Design --Builder's request, reasonable evidence as required by Section A.2,2,8. § A-14.1.2 The Deaign•Builder may terminale the Design -Build Contract if, through no aet or fault of the Design - Builder or a Contractor. Subcontractor or their agents or employees or any olhcr persons or entities performing portions of the Work under direct or indirect contract with the Design -Builder, repeated suspensions, delays or interruptions of the entire Work by the Owner, as described in Section A. 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § A.14.1.3 If one of the reasons described in Sections A.14,1.1 or A.14,1.2 exists, the Design-Buiider may, upon seven days' written notice to the Owner, terminate the Design -Build Contract acid recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. § A,14,1,4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Design -Builder o, a Contractor or their agents or employees or any other persons performing portions of the Work under a direct or indirect contract with the Design -Builder because the Owner has persistently failed to fulfill the Owner's obligatior:s under the Design -Build Documents with respect to matters important to the progress of the Work, the Design - Builder may, upon seven additional days' written notice to the Owner, terminate the Design -Build Contract and recover from the Owner as provided in Section A 14.1 3. A.14.2 TERMINATION BY THE OWNER FOR CAUSE 5 A.,'-1,2.1 The Owner may terminate the- De,igr, i3oi!d Conu?,c: ;f tyre L?esign-I.luildc .1 persistently or repeatedly refuses or fails to suppty enough properly sl:ilicd worker o, proper materials; .2 faits to n -,a1 e pa>wer+t to Contractors for services, materials or labor in accordance witli the rer.pecuv, agreements betwce:i the Design-Bui!der and the Architect and Contractors; .3 persistentIY disre n.,t& !a :s, ordinances or n.�let,, reguInIious orord�-r.s of a pGlIii:: adthr,r jurisdiction; or .4 othL-%vise i, guilty of ,ubstantial hreach of a pruviMon of the Design-BLIdd DocunJcllts_ A4ri 7 vryL_.- § A.14.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Design -Builder and the Design -Builder's surety, if any, seven days' written notice, terminate employment of the Design -Builder and may, subject to any prior rights of the surety: •1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Design -Builder; .2 accept assignment of contracts pursuant to Section A.5.5.1; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Design -Builder, the Owner shall furnish to the Design -Builder a detailed accounting of the costs incurred by the Owner in finishing the Work. § A.14.2.3 When the Owner terminates the Design -Build Contract for one of the reasons stated in Section A. 14.2.1, the Design -Builder shall not be entitled to receive further payment until the Work is finished. § A.14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Design -Builder. If such costs and damages exceed the unpaid balance, the Design -Builder shall pay the difference to the Owner. § A.14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § A.14.3.1 The Owner may, without cause, order the Design -Builder in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § A.14.3.2 The Contract Sum and Contract Time shall be adjusted for increases irr the cost and time caused by suspension, delay or interruption as described in Section A. 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Design -Builder is responsible; or .2 that an equitable adjustment is made or denied tinder another provision of the Design -Build Contract. § A.14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § A.14.4.1 The Owner may, at any time, terminate the Design -Build Contract for the Owner's convenience and without cause. § A,14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Design -Builder shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective dale of termination stated in the notice, terminate all existing contracts and purchase orders and enter into no further contracts and purchase orders. § A.14.4.3 In the event of termination for the Owner's convenience prior to commencement o; construction, [tie Design -Builder shall be entitled to receive payment for desien .scrcice, prii-anted, incurred by reason of such termination and reasonable overhead and profit on design srrvices Int trnrnplcl d In care of termination for the Owner's convenience after commencement of construction, the Dcsign-Guilder be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit ori the Work not executed AMENDMENT TO THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN -BUILDER AIA A141-2004 Exhibit A ARTICLE A.2 OWNER A.2.2.8 — Delete the entire paragraph. ARTICLE A.7 CHANGES IN WORK A.7.3.6 Revise the paragraph to read: "..,in case of an increase in Contract Sum, an amount for overhead and profit not to exceed fifteen percent (15%) of the net cost of the change. In such case..." A.7.3.8 Insert "approved and executed" before the term "Change Order" in the first and third sentence. ARTICLE A.9 PAYMENTS AND COMPLETION A.9.3 APPLICATIONS FOR PAYMENT A.9.3.1 Change "retainage if provided for in the Design -Build Documents" to "retainage as stipulated in Subparagraph 9.3.4." A.9.3.1.1 Delete the entire paragraph. A.9.3.4 Add Subparagraph 9.3.4 as follows: "The Owner shall retain ten percent (10%) from each Application for Payment up to fifty percent (50%) completion of the Work, then, provided the Work is on schedule and satisfactory, and upon written request of the Design -Builder, the Owner shall approve reduction in retainage to five percent (5%) of the Contract Sum. No part of the five percent (5%) retainage shall be paid until after Substantial Completion of the Work, as defined in Section 9.8. After Substantial Completion, if reasons for reduction of the retainage are approved by the Owner, a reduction to a lump sum amount less than the five percent (5%) retainage may be approved by the Owner when deemed reasonable. The minimum lump sum amount shall be twice the estimated cost to correct deficient or incomplete work." A.9.6 PROGRESS PAYMENTS A.9.6.1 Revise the paragraph to read: "...within the time provided in the Design -Build Documents or as required by state law, whichever is more restrictive." ARTICLE A.11 INSURANCE AND BONDS A.11.1 Add the following: "Such insurance shall be no less than the following amounts: Type of Insurance Limits Worker's Compensation Statutory Commercial General Liability $3,000,000/$3,000,000 CSL Commercial Automobile Liability $1,000,000 Builders Risk (incl, earthquake and flood coverage) Full value of the contract" A.11.2 Add Paragraph 11.2 as follows: "On all general and automobile liability policies of insurance Design -Builder shall have the Owner named as an additional insured and shall further require that their liability carrier(s) notify the Owner at least thirty (30) days prior to the effective date of any change(s) in Page 1 of 2 or cancellations of said insurance policies. A current copy of the proposer's insurance certificate providing proof of insurance as stated above must be on file with the Owner." A.11.5 Delete "have the right to" from the first sentence. A.13.1 GOVERNING LAW A.13.1.1 Add Paragraph 13, 1.1 as follows: "None of the Design -Build Documents for this project shall be construed against the party preparing documents on the grounds that the party prepared or drafted the document, or any portion thereof." END OF AMENDMENT Page 2 of 2 IX EXHIBITS EXHIBIT B RFP # 2013-01 DEADLINE: 2:00 p.m. Prevailing Local Time Monday, March 4, 2013 CALL CENTER DESIGN BUILD SERVICES EXHIBIT A TELETECH BASE TECHNICAL REQUIREMENTS Scope of the Project A The new building will be 30,000 net rentable square feet (NRSF), and will be a single story Teletech (ITEC) customer contact center. The program for these spaces will be as mutually agreed after the selection of the successful candidate. B. The Onsite Development shall assume and include, without limitation all earthwork, wet and dry utilities, vehicular paving, pedestrian paving, landscaping, site furnishings and other improvements necessary to comply with the Master Site Developer's requirement for the property; as well as meet local, state and Federal regulations, and generally comply with the standards of the industry for buildings of this type. Specifically, the Onsite Development shall include, at a minimum: 1. A 2" domestic waterline: 2. A6" sanitary sewer line; 3 All fire lines and hydrants per local jurisdictional requirements, 4 Natural gas line to and meter at the building per local authority requirements, S Concrete curbs and gutters, 6 Storm lines and on site detention as required by local jurisdictions, F,c.pl,aR paving aer the geotechn.cal engineer's requlrerrtnis. ,._ taps [af' , t.- 7 c-sd des lritun,; -. 2r. RFP # 2013-01 DEADLINE: 2:00 p.m. Prevailing Local Time Monday, March 4, 2013 CALL CENTER DESIGN BUILD SERVICES 9 Site lighting per IES requirements, using light poles that meet local jurisdictional requirements; 10. Electrical distribution and primary feeds to the building; Dual entry power, 11, Fiber optic connection to the building ("t l"); self healing, dually redundant fiber feeds 12. Landscaping & site furnishings per local jurisdictional requirements. The Building Core and Shell shall provide, without limitation, the substructure, superstructure, exterior dosure, roof, mechanical, and electrical systems necessary to have a code compliant, heated and cooled weather tight building per standards of the industry for core and shell, ready for the tenant to begin installation of interiors. More specifically, the Building Core and Shell shall include, at a minimum, the following components: 1. Foundations assuming the same conditions as described in the geotechnical reports from adjacent buildings, 2 Tilt -up +/. 7-1/4" panel structure with steel columns, bar joists and metal deck infill, 24'-0" clear; 3 6" cast in place concrete slab floor 4 Exlenor finishes and architecture similar to the buildings in the commerce park, Doub'.e ai'Jminum storefront entrances vnth sidelights 6 Code required minlm�ims for egress doors RFP # 2013-01 DEADLINE: 2:00 p.m. Prevailing Local Time Monday, March 4, 2013 CALL CENTER DESIGN BUILD SERVICES 7. TP0 roof with a 20 year warranty; or regicnally acceptable roofing system; 8. Two (2) 6" under -slab, longitudinal sanitary dines for use by tenant; 3. Two (2) V under -slab, longitudinal domestic water lines for use by tenant, 10. MVAC system with 304 SF/ton of coding, DDC controf compatible and capable of handling not less than 75 zones (one point of control); 11. Fire sprinkler system per code minimums, with heads turned up plus fire pump; 12. Electrical system to include an 8 0 0 amp service 480v13phase and main distribution center is included (sub -panels and breakers for tenant loads by tenant); 13. Two (2) 4" empty under -slab data cabling conduit mains w/pull tapes mains run longitudinally down the buil6ng center; 14. Fire alarm panel and core and shell fire alarm system per code minimums; and 15 The building shall achieve an Energy Star Bating per current f=ederal standards 0 The Ciffsite Improvements shalt include the improvements necessary to comply with the Master Site Developer's requirements for the property, and those required provide connection to the Onsite Development systems above to mane thein fully operational The Tenant trngrovernenis st-ail be included and completed in accordance mtr i rFC GREG Design Stand_aids and tfi1,_� deiv<<y cent -2[ y'Wl stat �n ._"1l":�i�c�=1•�, ,r'tr.�iS �._•-;S��,r11C'tfC tele'i+d2tb cabkig anti G�n�.` t.`.,r��rl� CJStS [-,n. �IUGNCi ."?!itl ffi RFP # 2013-01 DEADLINE: 2:00 p,m. Prevailing Local Time Monday, March 4, 2013 CALL CENTER DESIGN BUILD SERVICES F. All preconstruction and construction services typically provided by a development team for a core and shell building, including but not limited to the coordination with the tenant's design and construction team, should be included in the scope of this proposal. G. All submittals for entitlements by local authorities having jurisdiction, and the services required to obtain those entitlements for a core and shell building shall be included in the scope of this proposal. H. Providing the building ready for occupancy on the date scheduled will be conditions of the agreement, and both will be subject to liquidated damages for failure to perform. s> i E i' CC ! 1 i. C. e 1 1 � -' - C e _!�_ .. [i U I I rJ S C- ( V ! C i'. i Scope of Work Dated: March 4, 2013 Division 1— General Conditions • Project Management • On Site Supervision • Architectural and Engineering Fees • Soils Report • Daiiy Clean Up • Final Cleaning • Layout • Tools and Equipment • Temporary Facilities • Builder's Risk Insurance • Building Permit Division 2 — Site Work • Earthwork • Storm Sewer + Asphalt Paving • Concrete Curbs • Concrete Sidewalks • Concrete Entrance • Concrete Dumpster Pad • Concrete Patio Division 3 — Concrete • Concrete Foundations • 4" Concrete Floor Slab Division 4— Masonry • Masonry Veneer Division 5 — Structural Steel • Pre-engineered Meta! Building Structure + Steel Deck Division 6 — Wood and Plastics Rough Carpentry • Millwork Division 7 — Thermal and Moisture Protection • Building Insulation • Single Ply Membrane Roofing f. ,j. MARC Jul • Sheet Metal and Flashing • Joint Sealants Division 8 — Doors and Windows • Hollow Metal Doors and Frames • Solid Core Wood Doors • Aluminum Entrances and Storefronts • Aluminum Windows • Finish Hardware • Glass and Glazing Division 9 — Finishes • Metal Stud Framing • Drywall • Acoustical Ceiling Tiies • Ceramic Tile in Restrooms • Resilient Floor Tile • Carpeting • Painting Division 10 —Specialties • Toilet Partitions • interior Signage • Fire Extinguishers and Cabinets • Toilet Accessories Division 15 — Mechanical i0 Plumbing Fixtures • Domestic Water Piping • PVC Sanitary Sewer and Vent Piping • 2-1/2" PVC Domestic Water Service Piping Including 2" Meter • 4" Exterior PVC Sanitary Sewer Piping lncluding Tap Fee • Gas Piping ® (10) Rooftop Package HVAC Units • (6) Ductless Split Heat Pumps • (1) Computer Room Air Conditioner ® (9) Exhaust Fans Supply, Return and Exhaust Ductwork System • Refrigerant Piping G Seismic Materia! and Calr.ulations on All Dict, Pipc and EgUipment Mechanical insulation d DDC Controls • Certified Air Balance • Wet Automatic Fire Sprinkler Systew, OW 11 �Al fr'l i1.: i`1, ja I C. c r 2 r Do 5, ; I3u! ISI 5ef V ; C e s___.___ f I • 6" Ductile Iron Pipe Underground Fire Main Service { • 4" PVC C-900 Pipe for the Remote Fire Department Connection Division 16 — Electrical • Switchgear Package • Lighting Package • Site Lighting • Power Company Feed • Transformer Pad • Aluminum Wire and MC Cable per Code • Cable Tray • Fire Alarm System • Temporary Lighting • Temporary Power 141P 5 Te_,leTech Call Center -Design Build Services—___ --- Scope of Work April 3, 2013 Des aj. a ices • Architectural Design • Civil Engineering Design • Structural Engineering Design • Mechanical Engineering Design • Working Drawings • Soils Investigation and Report • Construction Administration/Inspections Division 1 --Genesi Conditions • Project Management • On Site Supervision • Daily Clean Up • Final Cleaning • Layout • Tools and Equipment • Temporary Facilities • Builder's Risk Insurance • Payment and Performance Bond • Building Permit Division 2 - Site Work • Earthwork - Cut and Fill as Necessary to Balance the Site • Storm Sewer m Asphalt Paving - 8" Compacted DGA and 3" Asphalt • Post Formed Concrete Curbs • 4" Concrete Sidewalks Utilizing 4,000 psi Concrete • 6" Concrete Entrance Utilizing 4,000 psi Concrete • 6" Concrete Dumpster Pad Utilizing 4,000 psi Concrete Topsoil Replacement • Seeding • Landscaping Allowance of $25,000.00 Division 3 - Concrete • Concrete Foundations as Shown Utilizing 4,000 psi Concrete a 4" Concrete Floor Slab Utilizing 4,000 psi Concrete Division 4 - Masonry Brick Veneer on Exterior's/alts Including $350.00/1,000 Brick Allo�niance Division 5 - Structural Steel • Pre-engineered Structural Steel Framing MARCUM W.M. ENGINEERING, LLC BACON IFARMER WORKMAN lGn Ei Niryri a iiSvG ins TeleTech Call Center Qesign Bui_Id Services • 22 ga. Steel Deck Division 6 — Wood and Plastics • Rough Carpentry Including Roof Biocking and Misceilaneous Blocking • Reception Desk —Custom Designed and Built • Plastic Laminate Break Room Counter as Shown • Plastic Laminate Restroom Vanities Division 7 — Thermal and Moisture Protection • R-38 Simple Saver Insulation System in the Roof • R-19 Batt Insulation in the Walls • 2" Exterior Insulation and Finish System • 60 -mil. TPO Membrane Roofing with 20 year Warranty • Sheet Metal and Flashing • Joint Sealants Division 8 — Doors and Windows • Exterior Doors to be Hollow Meta! Doors and Frames • Interior Doors to be Solid Core Wood Doors and Hollow Metal Frames • Aluminum Entrances and Storefronts • Aluminum Windows • Finish Hardware • Glass and Glazing • Restroom Mirrors Division 9 -- Finishes • Exterior Walls to be 12 ga. Metal Studs, 6" Batt Insulation, DensGlass Sheathing, 5/8" Drywall • Non -Load Bearing Interior Walls to be 25 ga. Metal Studs, Sound Batt Insulation, 5/8" Drywall both Sides 0 2' x 2' Revealed Edge Acoustical Ceilings with 15/16" Grid at All Public Areas, Offices, Training Areas, and Conference Rooms • 2' x 2' Square Edge Acoustical Ceilings with 15/16" Grid at All other Areas • Ceramic Tile in Restrooms and Vestibule, $8.00/sf Installed Resifient Floor Tile in Break Room, Comm./Elec. and Storage Closets Carpeting in Waiting, Reception, offices, Conference Rooms, Training, TA StaH, TA Testing, and Production Area, $27.00/sy Installed • Painting as Necessary Division 10 — Specialties d Toilet Partitions as Shown • Interior Signage as RegUired g Fire Extinguishers and Cabinets per Corte a Toilet Accessories as Required MARCUM � � .. ? .. ENGINEEPING, LLC SACONIFARNiM WOIW,4A'� I TeieTech--- CaII Center_. Design Build Services Division 15 —_Utilities * 2-1/2" PVC Domestic Water Service Piping Including 2" Meter 6" Ductile Iron Pipe Underground Fire Main Service including Tap and Bore Under McCracken Boulevard * 4" PVC C-900 Pipe for the Remote Fire Department Connection * 4" Exterior PVC Sanitary Sewer Piping Including Tap Fee * Natural Gas Piping Division 15 — Mechanical * Plumbing Fixtures -- Flush Valve Type Toilets and Urinals * Copper Domestic Water Piping * PVC Sanitary Sewer and Vent Piping * Natural Gas Piping * (10) Rooftop Package HVAC Units * (6) Ductless Split Heat Pumps * (1) Computer Room Air Conditioner * (9) Exhaust Fans * Supply, Return and Exhaust Ductwork System — Including Duct Sock in Production Area * Refrigerant Piping * Seismic Material and Calculations on All Duct, Pipe and Equipment * Mechanical Insulation * DDC Controls * Certified Air Balance * Wet Automatic Fire Sprinkler System Division 16 — Electrical * Switchgear Package * Lighting Fixtures * Site Lighting * 800A Power Company Feed * Transformer Pad e Aluminum Wire and MC Cable per Code * Cable Tray for Data Wiring * Fire Alarm System Temporary Lighting i 'temporary Power Exceptions to the Specifications * Water heaters will be- electric Natural gas is only utilized for rooftop HVAC units. m Sub -panels and breakers shall be provided by the Contractor m fieu of the Tenant as referenced. BFW MARCUM FJRE, ENGINEERING. LLC BACON i FARMUZ - WORKMAN Err Gr�f EAi�is ! EE srryG i i[ 1.,T.eIeTech Call Center Desi n Build_ Services • Fire Alarm shall be provided complete by the Contractor in lieu of the core and shell as referenced. • Height of the building is approximately 20'-0" to the roof line in lieu of 24'-0" clear height as referenced. • A 4" thick concrete slab will be provided in lieu of the referenced 6" thick concrete slab. • A 2-1/2" water line is required for the facility in lieu of the referenced 2" water line. • A 4" sanitary sewer will serve the facility in lieu of the referenced 6" sanitary sewer fine. • Two (2) 6" under -slab, longitudinal sanitary lines are excluded. • Two (2) 1" under -slab, longitudinal domestic water lines are excluded. • Fire pump is excluded as that it is not required for standard 100% coverage. • Provisions for TTEC GREG Design Standards are excluded as that none were received. • Communication systems (jacks, cabling, racks, patch panels, switches, routers, phones, etc.) are excluded. • Emergency generator is excluded. I W N6FW i OO-MLLi- MARCUENGINEERING, t LC BACON FARMER; WORKMAN _i 1-1.1- G 1 1611 rp b_—Ca—ll Center Design Build Scope of Work June 25, 2013 Design Services • Architectural Design • Civil Engineering Design • Structural Engineering Design • Mechanical Engineering Design • working Drawings • Soils Investigation and Report • Construction Administration/Inspections Division 1—General Conditions • Project Management • On Site Supervision • Daily Clean Up • Final Cleaning • Layout • Tools and Equipment • Temporary Facilities • Builder's Risk Insurance ® Payment and Performance Bond • Building Permit Division 2 — Site Work • Earthwork — Cut and Fill as Necessary to Balance the Site • Storm Sewer ® Asphalt Paving — 8" Compacted DGA and 3" Asphalt ® Post Formed Concrete Curbs • 4" Concrete Sidewalks Utilizing 4,000 psi Concrete • 6" Concrete Entrance Utilizing 4,000 psi Concrete • 6" Concrete Dumpster Pad Utilizing 4,000 psi Concrete ® Topsoil Replacement • Seeding • Landscaping Allowance of $10,000.00 Division 3 — Concrete Concrete Foundations as Shown Utilizing 4,000 psi Concrete 6 4" Concrete Floor Slab Utilizing 4,000 psi Concrete Division 4 — Masonry • Brick Veneer on Exterior Walls Including $350.00/1,000 Brick Allowance MARCUM Rk ENGINEERING, LLC BACON FARMER WORKMAN h Call Center Design Build Ser Division 5 — Structural Steel • Pre-engineered Structural Steel Framing • 22 ga. Steel Deck Division 6 —Wood and Plastics • Rough Carpentry Including Roof Blocking and Miscellaneous Blocking • Reception Desk — Custom Designed and Built • Plastic Laminate Break Room Counter as Shown • Plastic Laminate Restroom Vanities Division 7 — Thermal and Moisture Protection • R-38 Simple Saver Insulation System in the Roof • R-19 Batt Insulation in the Walls • 2" Exterior Insulation and Finish System • 60 -mil. TPO Membrane Roofing with 20 year Warranty • Sheet Metal and Flashing • Joint Sealants Division 8 — Doors and Windows • Exterior Doors to be Hollow Metal Doors and Frames • Interior Doors to be Solid Core Wood Doors and Hollow Metal Frames • Aluminum Entrances and Storefronts • Aluminum Windows • Finish Hardware • Glass and Glazing • Restroom Mirrors Division 9 — Finishes • Exterior Walls to be 12 ga. Metal Studs, 6" Batt Insulation, DensGlass Sheathing, S/8" Drywall • Nan -Load Bearing Interior Walls to be 25 ga. Metal Studs, Sound Batt Insulation, 5/8" Drywall both Sides • 2' x 2' Revealed Edge Acoustical Ceilings with 15/16" Grid at All Public Areas, Offices, Training Areas, and Conference Rooms • 2' x 2' Square Edge Acoustical Ceilings with 15/16" Grid at All Other Areas • Ceramic Tile in Restrooms and Vestibule • Resilient Floor Tile in Break Room, Comm./Elec. and Storage Closets • Carpeting in Waiting, Reception, Offices, Conference Rooms, Training, TA Staff, TA Testing, and Production Area s Painting as Necessary Division 10 — Specialties • Toilet Partitions as Shown • Interior Signage as Required • Fire Extinguishers and Cabinets per Code j � l --.CONSTRUCTION BFW BACON JARMER WORKMAN MARCUM ENGINEERING, LLC III Design Build Service • Toilet Accessories as Required Division 15 — Utilities 2-1/2" PVC Domestic Water Service Piping Including 2" Meter • 6" Ductile Iron Pipe Underground Fire Main Service Including Tap and Bore Under McCracken Boulevard • 4" PVC C-900 Pipe for the Remote Fire Department Connection • 4" Exterior PVC Sanitary Sewer Piping Including Tap Fee • Natural Gas Piping Division 15 — Mechanical • Plumbing Fixtures — Flush Valve Type Toilets and Urinals • Copper Domestic Water Piping • PVC Sanitary Sewer and Vent Piping • Natural Gas Piping • Rooftop Package HVAC Units • Ductless Split Heat Pumps • Computer Room Air Conditioner • Exhaust Fans • Supply, Return and Exhaust Ductwork System — Including Duct Sock in Production Area • Refrigerant Piping • Seismic Material and Calculations on All Duct, Pipe and Equipment • Mechanical Insulation • DDC Controls • Certified Air Balance • Wet Automatic Fire Sprinkler System Division 16 — Electrical • Switchgear Package • Lighting Fixtures • Site Lighting • 800A Power Company Feed Transformer Pad • Aluminum Wire and MC Cable per Code • Cable Tray for Data Wiring ® Fire Alarm System Temporary Lighting e Ternporary Power Exceptions to the Specifications • Water heaters will be electric. Natural gas is only utilized for rooftop HVAC units. • Sub -panels and breakers shall be provided by the Contractor in lieu of the Tenant as referenced. ® Fire Alarm shall be provided complete by the Contractor in lieu of the core and shell as referenced. MARCUM ENGINEERING, LLC BACON FARMM WORKMAN ice • Height of the building is approximately 20'-0" to the roof line in lieu of 24'-0" clear height as referenced. • A 4" thick concrete slab will be provided in lieu of the referenced 6" thick concrete slab. • A 2-1/2" water line is required for the facility in lieu of the referenced 2" water line. • A 4" sanitary sewer will serve the facility in lieu of the referenced 6" sanitary sewer line. • Two (2) 6" under -slab, longitudinal sanitary lines are excluded. • Two (2) 1" under -slab, longitudinal domestic water lines are excluded. • Fire pump is excluded as that it is not required for standard 100% coverage. • Communication systems (jacks, cabling, racks, patch panels, switches, routers, phones, etc.) are excluded. • Emergency generator is excluded. CONSTgUCT10N' BFW BACON I FARMER i WORKMAN ®MARCUM ML ENGINEERING, LLC A&K Construction, Inc. COMMERCIAL & INDUSTRIAL CONTRACTORS Call Center Design Build Services June 25, 2013 Value Engineering Items Original Proposal - Brick Veneer and EIFS Accents Alternate $ 4,180,000.00 Value Engineering Items 1 Reduce the height of the building. 2. Reduce concrete slab thickness to 4" in lieu of 6". (113,249.00) (32,588.00) 3. 4. Install feeds to cubicles from power poles in lieu of underground. Eliminate the generator. (15,473.00) 5. Eliminate the UPS. (144,416.00) 6. Eliminate the sound masking system. (77,366.00) 7. Reduce the cost of the lighting package. (20,631.00) 8. Reduce the cost of the floor finishes. (60,861.00) 9. Eliminate the folding partition. (19,119.00) 10. Eliminate the turnstile. (12,379.00) 11. Eliminate the appliances. (26,476.00) 12. Eliminate the window blinds. (7,284.00) 13 Install a wet sprinkler system in the MDF/UPS rooms in lieu of (3,168,00) (26,397.00) a clean agent system. 14 Eliminate the back up computer room HVAC unit. (32,144.00) 15 Eliminate the ceilings in Production Area and Break Room (65,449.00) 16. Eliminate the data cabling allowance. (165,000.00) 17 Install chemical fire suppression in the MDF room. 23,397.00 18 Add back-up HVAC system for MDF room 15,144.00 19 Eliminate the DDC controls (11,000.00) 20. Use metal panel accents on the exterior in lieu to EIFS (19,000.00) 21 Additional savings in finishes. (10,000 00) 22 Eliminate 100 parking spaces. (81,541 00) 23. Add installation for owner supplied emergency generator, transfer switch and UPS 50,000 00 24 Savings for Schematic Floor Plan "C' Revised Total (29,000 00) $ 3,296,000.00 sf= 2 - rr ,j � � �_ SCHEMATIC FLOOR PLAN p m NEW FAClLf7'i Fpr ..�.i. TEtET Era