HomeMy WebLinkAboutCCMPacket2013-09-03CITY CONINIISSION MEETING
:AGENDA FOR SEPTEMBER 3, 2013
5:30 P.M.
ROLL CALL
INVOCATION — Alan Cash, Elder, Fathers House of Paducah
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
PRESENTATION:
Update on Columbia Theatre Concept Study — LANDEE BRYANT/RANDY DAVIS
WORKSHOP:
Citizen Survey Recycling Results — P. SPENCER/CITY i\IGR
I.
iti11NL"TES
ll.
APPOINTMENT
Paducah ,area Transit System
III.
MOTIONS
.�. R & F DOCUMC11tS
IV.
XIUNICIPAL ORDERS
A. Personnel Changes
B-\pproval to Advertise Boncl [SSue foi-TeleT-ch, tii,tcco.:1ncl Moble
Park Pool — J. PERKINS
V.
ORDINANCES — ADOPTION
A. Nevk Construction Bid A"ard For 717 Harrison Street — S. ERVIN
B. Chance Order 43 For Uniform Service in the Fire Department — FIRE
CHIEF KYLE:
C. Contract For Services with GPEDC For FY201.3-2014 -- CITY NIGR
PEDERSON
D. ?013/2014 Kentucky Transportation Discretionar\ .application —
ASST. CHIEF GRIMES
ORDINANCES - INTRODUCTION 1
A. HONTE 20121 House #6 — 1403 Monroe Street -- S. ERVIN
B. Bond Issue for TeleTech, tMACCO, &Noble Park Pool — J.
PERKINS
C. Change Order #1 For the Purchase of Two neck Triple Combination
Pumper Trucks for Use by the Paducah Fire Department - FIRE
CHIEF KYLE
D. Authorize a Contract with Harper Con,nuction. LLC, for the
Construction of the Greenway Trail Phase 11 Project - R. LIURPHY
E. Authorize Contract for Design Services and Construction
Administration for the Julian Carroll Convention Center Renovation
Project - S. DOOLITTLE
X.
CITY tNIANAGER REPORT
XI,
COVIMISSIONER COMMENTS
XII.
PUBLIC COiNI,NIENTS
X.
EXECUTIVE SESSION
Agenda Action Form
Paducah City Commission
Meeting Date: September 3, 2013
Short Title: Citizen Survey Recycling Results Workshop
❑Ordinance ❑ Emergency ❑ ylunicipal Order ❑ Resolution ❑ \-lotion
Staff Fork By: Jeff Pederson and Pain Spencer
Presentation By: Jeff Pederson and Pam Spencer
Background Information:
In February and March of this year, 1200 randomly selected Paducah households were provided the
opportunity to give the City feedback on a variety of questions in the National Citizen Survey. Two of
the standard questions involved rating the quality of recycling services and providing information
about the frequency of the household recycling activities while two of the custom questions asked
citizens about the importance of recycling opportunities and the type of recycling programs that
interests them. At this workshop; we will review the survey results; provide an overview of the
various levels of involvement a city can have in recycling; review the current status of the Greater
Paducah Sustainability Project (GPSP) - Recycle Now facility oo North 8"' Street; and discuss what
role the City could have moving forward. Members of Recycle Now will be in attendance to provide
information.
The workshop will be conducted at the same time that GPSP is seeking a new facilit\ for its
recyclables collection and processing.
Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Do��nto��ns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation: Workshop discussion item
Attachments: National Citizen Survey results regarding recycling
n
Depaitm�nt Head
City Clerk
City'Manager
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BOARDS and COMMISSIONS
APPOINTMENTS and REAPPOINTMENTS
FOR CITY COMMISSION CONFIRMATION
❑ Appointment
�K Reappointment
❑ Joint Appointment NAME:
❑ Joint Reappointment
NAME OF BOARD OR COMMISSION:
DATE TO BE PLACED ON AGENDA
EXPIRATION OF TERM DATE:
APPOINTEE'S HOME ADDRESS:
Street:
City/Zip:
Phone:
Email Address: __6 k' CGX C � 0�
Appointee's Business Name: Ld 1 I � n r �� Cc �( c P el
Address: i U l -'c c (9 `�
cin,/zip:'���������� Ih ( �1 �co�U��(��-1
Phone: _� <l I' -I XI i D, t O - (s' �`1 \
TO REPLACE ON BOARD:
❑ Thank you
❑ Resigned ADDRESS:
❑ Term Expired
❑ Other (explain) City,zip:
Appointee Confirmation: Dere: ��; i �B}:�c-AkK
J
Board of Commission Approval:
Original to: Tammara S. Sanderson, Cit%Clerk 130ARD CHAIR.NLAN:
Cc: file
September 3. 2013
move that the following documents. bids. and proposals be received and filed:
DOCUMENTS
Insurance Certificates:
a) Heflin. Inc.
b) Twin States Utilities K Eacayation
c) B\ as Masonry
2. Aereements'Contracts:
a) Agreement with Jim Steele Construction for construction of Blue Ridge Manor at 1322
'Madison Street (ORD » 2013-06-8041)
3. Right of \N aN Bonds:
a) BN as Masonry
b) Tsvin States Utilities & Excavation. Inc.
4. Commissioner's Deed for 1245 Park Avenue
�. Electric Plant Board of the Cih of Paducah. Kentucky dba Paducah Power System Financial
Statements Years Fnded lune 30. 2012 and 2011
6. ;notice of Approval of Evidentiary Materials and Release of Funds for a Conimunity
Dei elopment Block Grant Award on behalf of the Four Ricers Behavioral Health Center (ORD
2013-06-8039)
7. Amendment to the Grant A\\ a) for Extension of time for the 2012 Homeland Security Grant
Award for the Fire Department (ORD # 2013-08-8061)
BIDS
ENGINEERING -PUBLIC N ORKS DEPARTMENT
Bids for Greenway Trail Phase 11 Project
a. Harper Construction. LLC
b. Vv ilkins Construction Co.. Inc.
c. A&K Construction. Inc.
d. Pinnacle. Inc.
e. Hi -AN aN Paying. Inc.
PROPOSALS
PLANNING DEPARTMENT
Sale of. -
511
f:
511 North 5°i Street — Tract A
1. HenrN C. & Neca F. Rude
511 'North 5°i Street - Tract B
1. Garc Jackson
517 North 5't Street i 40 feet
1. Garr Jackson
Accepted Bid
Agenda Action Form
Paducah City Commission
Meeting Date: September 3; 2013
Short Title: Sale of Bonds authorization - Series 2010, $3,600,000*
❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ \lotion
Staff Work B�: Jonathan Perkins & Jeff Pederson
Presentation Bv: Jonathan Perkins & Jeff Pederson
Background Information:
The 2013 bond issue will be publicly sold September 19, 2013. Second reading of the
ordinance September 17. 2013.
Bond proceeds are to be used to finance renovations completed at the moble Park
Pool: and for the construction of or renovation of facilities to house economic
development projects TeleTech and Maaco Companies. The bond issue is expected
to have a15 -year life and the bond size will be approximately S3.600.000*. including
the cost of issuance.
Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name'. Bond Issue - 2013�d
Account Number: Bond Fund Finance
Staff Recommendation: That the Mayor & Con-unission approve the proposed
bond ordinance.
Attachments: Draft of Ordinance
Ll)epartmentHead City Clerk City Manager
Ordinance prov ides for a 10°'o Variance in size of financing.
MUNICIPAL ORDER NO.
1,T(-NICIPAL ORDER APPROVING THE ADVERTISETMENT FOR BID AND
DISTRIBUTION OF A PRE1-11\4INARY OFFICIAL STATE IMENT FOR THE
PURCHASE OF CITY OF PADUCAH, KENTUCKY GEIt'ERAL OBLIGATION
BO'L'DS. SERIES 2013A AND CITY OF PADUCAH, KENTUCKY TAXABLE
GENERAL OBLIGATION' BONIDS, SERIES 2013B iN AGGREGATE
PRINCIPAL AMOUNTS OF APPROXIMATELY $1,115.000 AND $2.4$5,000.
RESPECTI TELY,
WHEREAS, the City of Paducah. Kentucky (the "City") has determined the necessity of
financing a portion of the costs of the renovation and improvement of a municipal pool (the
"2013A Project"); and
NVHEREAS. the City has further determined the necessity of financing a portion of the
costs of (i) the construction of improvements to an industrial distribution facility located within
the City to be leased to a Kentucky subsidiary of I'Aacco Organiclues Incorporated, a Canadian
corporation, for use in
furtherance of economic dei elopment within the City and (ii) the
acquisition; Construction, installation and equipping of an approximateiy 30.000 square foot
building to be located on property being leased jointly by the City and the County of McCracken.
Kentucky (the "County") and to be subleased to TeleTech Services Corporation, a Colorado
corporation, for use in furtherance of economic development within the City (collectively. the
"201313 Project," and together with the 2013A Project. the "Projects"; and
1>4'HEREAS. the City has further determined that it is in the best interests of the City that
the City proceed at this time �\ ith the financing of the Projects though the issuance of the Clt 's
(i) General Obligation Bonds. Series 2013A in the aggregate principal amount of 51.1 15.000 (the
"Series 2013A Bonds"). subject to a permitted adjustment increasing or decreasing the principal
amount of Series 2013A Bonds by up to S110,000 (the "Series 2013A Permittecl Adjustment")
and (ii) Taxable General Obligation Bonds, Series 2013B in the aggregate principal amount of
52,485.000 (the "Series 2013B Bonds." and together with the Series 2013A Bonds. the "Bonds"),
subject to a permitted adjustment increasing or decreasing the principal amount of Series 2013B
Bonds by up to $245.000 (the "Series 2013E Permitted Adjustment," and together with the
Series 2013A Permitted Adjustment. the "Permitted Adjustments"); and
1i'HEREAS, on the 3rd day of September. 2013 the City gave first readinu to. and on the
17th day of September. 2013 proposes to give second reading to and adopt4 an ordinance
providing for the issuance of the Bonds in order to provide funds to pay the costs, not otherwise
provided for, of the financing of tine Projects. which ordinance is titled as follows.
AN ORDINANCE OF THE CITY OF PADUCAH. KENTUCKY
AUTHORIZING THE ISSUACE OF (I) CITY OF PADUCAH, KENTUCKY
GENERAL OBLIGATION BONDS, SERIES 2013A IN THE APPROXIMATE
AGGREGATE PRINCIPAL AMOUNT OF SI .115,000 (SUBJECT TO A
PERA41TTED ADJU'ST'MENT INCREASING OR DECREASING THE
PRLNC3PAL ANIOUNT OF SERIES 2013A BONDS BY ?.'P TO Sl 10.000) FOR
THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF
RENOVATIONS AND IT4PROVED4ENTS TO A NTUNICIAL POOL IN THE
CITY OF PADUCAH, KENTUCKY, AND (II) CITY OF PADUCAH.
KENTUCKY TAXABLE GENERAL OBLIGATION BONDS, SERIES 2013B
IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF
S2.485,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING OR
DECREASING THE PRINCIPAL A-AIOUNT OF SERIES 2013A BONDS BY
UP TO 5635,000) FOR THE PURPOSE OF FINANCING A PORTION OF THE
COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION AN
EQUIPPING OF VARIOUS ECONOMIC DEVELOPMENT PROJECTS IN
THE CITY OF PADUCAH, KENTUCKY; APPROVING THE FORMS OF
BONDS: AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND
DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF
NOTICE WITH THE STATE LOCAL DEBT OFFICER: PROVIDING FOR
THE PAYMENT AND SECURITY OF THE BONDS; CREATING BON
PAYMENT FUNDS: MAINTAINING THE HERETOFORE ESTABLISHED
SIN -KING FUND: AUTHORIZING ACCEPTANCE OF THE BIDS OF THE
BOND PURCHASERS FOR THE PURCHASE OF THE BONDS: AND
REPEALING INCONSISTENT ORDINANCES.
WHEREAS, it is appropriate at this time that the City authorize the advertisement for bid for
the purchase of the Bonds.
NOW, THEREFORE. BE IT ORDERED BY THE CITY OF PADUCAH. KENTUCKY.
AS FOLLOWS:
SECTION]. The Cite ofPaducah, a municipal corporation and political subdisision of
the Commonwealth of Kentucky, shall issue its "General Obligation Bonds, Series 2013A (the
"Series 2013A Bonds") in the aggregate principal amount of approximately S1,115,000 and its
"Taxable General Obligation Bonds. Series 2013B (the "Series 2013E Bonds," and together with
the Series 2013A Bonds, the "Bonds") in the aggregate principal amount of approximately
52.485.000.
SECTION 2. The City shall comply with the requirements of KRS Chapters 66 and 424
by advertising for bids for the purchase of the Bonds. Actions heretofore taken by the City in
connection with the preparation of such insuumettts and the distribution of such information bs
the City as shall be necessary to accomplish the foregoing, including the preparation of a
Preliminary Official Statement (the 'Preliminary Official Statement") sshich Preliminary Official
Statement shall be deemed final by the Mayor of the City in accordance with Rule 15c2-12 of the
Securities and Exchange Commission (the "Rule"). are hereby ratified and approsed. In order to
enable prospective purchasers to submit a bid for the purchase of the Bonds, the City hereby
cm enants and agrees that it ssill execute, comply smith and carry out all of the provisions of a
continuing disclosure undertaking (the "Continuing Disclosure Undertaking") in connection ssith
the issuance of the Bonds. Failure to comply with an}such provisions of the Continuing
Disclosure Undertaking shall not constitute a default on the Bonds; however.. any holder of the
Bonds, including the beneficial owners of the Bonds, may take such action as mase be necessary
and appropriate, including seekine specific performance, to cause the City to comply with its
obligations under the Continuing Disclosure Undertaking.
SECTION 3. Proposals for the purchase of the Bonds shall be opened and reviewed by the
Finance Director of the City, and shall be acted upon by the City Manager or Finance Director on
that same day. based upon the advice of the City's financial advisor. J.J.B. Hilliard, W1. Lyons.
I_LC. without the need for further action by this City Commission. The City hereby ratifies and
approaes the use of the "Notice of Bond Sale," substantially in the farm attached hereto, vvInch shall
be published as required by law.
SECTION 4. The City Manager or Finance Director of the City shall, in a certificate of
award accepting the successful bid or bids for the Bonds (the "Certificate of Award"), determine the
exact principal amount of Bonds to be awarded and the exact rate or rates of interest which said
Bonds shall bear, and the interest rate or rates on said Bonds shall be automatically fixed at the rate
or rates set out in the successful bid accepted by said Certificate of Award. The proceeds of the sale
of said Bonds shall be applied to the costs of the Projects and the costs of issuing the Bonds and
shall be expended as provided in the Ordinance authorizing the Bonds.
SECTION 5. In the event that no bid shall be accepted for the purchase of the Bonds; bids
may again be solicited for the purchase of the Bonds at a future date and hour at the discretion of the
Mayor. without the necessity of further authorization by the City.
SECTION 6. All motions, orders, resolutions and parts thereof in conflict herewith, are
hereby repealed to the extent of such conflict. and this Municipal Order shall be effective
inunediately.
SECTION 7. This Municipal Order shall be in full force and effect immediately upon its
adoption.
INTRODUCED, PUBLICLY READ, AND FINALLY APPROVED on one reading.
this 3rd day of September, 2013.
Gayle Kaler, Mayor
Attest
Tammy Sanderson. City Clerk
CERTIFICATE
1. Tammy Sanderson; hereby certify that I am the duly qualified and acting Cite Clerk of the
City of Paducah. Kewuck\. that the foregoing is a full, true. and con-ect copy of a Municipal Order
adopted by the City Commission of the Cite, at a meeting duly held on September 3. 2013. that said
Municipal Order (together with the Notice of Bond Sale approved therein) appears as a matter of
public record in the official records of the City, that said meeting vy'as duly held in accordance %v ith
all applicable requirements of Kentucky la\�. including KRS 61.810. 61 .81 5. 61.820, and 61.823,
that a quorum was present at said meeting. that said Municipal Order has not been modified.
amended. reg oked, or repealed: and that same is now in full force and effect.
2013
IN TESITMONY \V'HEREOF. NNitness my signature on this ___ day of
4
City Clerk
EXHIBIT A
NOTICE OF BOND SALE
Notice is hereby given that electronic bids NxiII be received b} the Cit} ofPaducah. Kentucky (the
"Croy"). until 10:00 a.m.: C.T. on September 19, 2013 (or at such later time and date announced at least
fork -eight hours in advance \ is the BiDC0A7_PT"/PARITY`r1' system) for the purchase of approximately
S 1.1 15.000 of the City's General Obligation Bonds, Series 2013A (the "Series A Bonds") and 52,485.000
of the Cip's Taxable General Obligation Bonds, Series 2013B (the "Series B Bonds." and collectively
with the Series A. the "Bonds"). AltenatiNely, \aTinen sealed or facsimile bids for one or more series of
the Bonds by the designated time will be received by the Finance Director. 300 South Fifth Street,
Paducah. Kentucky 42002 (FAX: (270) 440-8589).
The Bonds vgill each be dated their date of initial delivery, will be issued as fully registered bonds
in denominations in multiples of 55,000 (Naithin the same maturity), will mature on September 1 of the
tears 2014 through 2028. Electronic bids may be submitted via BiDCOMPT"'PARITYT"'. in the manner
described below.
Additional information. including the Preliminary Official Statement, the Official Terns and
Conditions of Bond Sale and the Official Bid Form. may be obtained from the City's Financial Advisor.
J.J.B. Hilliard, W.T. Lyons. LLC: 500 West Jefferson Street. Louissille, Kentucky 40202: Telephone.
(502) 588-8639 or at http:, pos.hilliard.com. Further information regarding BiDCOMPT" PARITYT1' maN
be obtained from BiDCOMPTs',PARITYTM. 1359 Broadway - 2"' Floor, New York. NY 10018, Telephone:
(800)850-7422.
Sale of Series A Bonds on tax-exempt basis. Issuance of Bonds subject to approving legal
opinion of Peck, Shaffer & Williams LLP. Bond Counsel, Covington. Kentucky. The City has designated
the Series A Bonds as "qualified tax-exempt obligations" pursuant to Section 265 of the haemal ReCenue
Code off986. as amended. Right to reject bids or waive informality reserved.
CITY OF PADUCAII. KENTUCKY
B% s, Gavle Kaler
Mayor
0
Agenda Action Form
Paducah City Commission
Meeting Date: September 3`. 2013
Short Title: Construction of residential infill at 717 Harrison Street
Z Ordinance ❑ Emergency ❑ Llunicipal Order ❑ Resolution ❑ Motion
Staff Work By: Steve En -in
Presentation By: Steve Ervin
Key Components:
In order to fulfill the public purpose of redevelopment of the Lower Town Arts District, the City Commission
approved the utilization of the $900,000.00 construction line of credit approved by ordinance 9 2012-11-7987 to
include construction of residential structures in Lower Town with the adoption of Municipal Order 41724 on
June I 1 th, 2013.
Currently, staff has a homebuyer in place for a residential construction at 717 Harrison Street. A legally binding
purchase agreement has been signed stated their intent to purchase the home from the City upon completion.
Using standard policies and procedures which have been successfully applied to the Fountain Avenue
revitalization efforts, the home buyer has provided staff with solid proof of financial ability to purchase the
structure from the City upon completion of the project including a mortgage commitment from Paducah Bank
and a secured escrow account to cover any deficits between the final purchase price and the mortgage
commitment. The City is acting solely as a construction management/ funding agent and will be under no
liability in this matter.
Bids:
In full compliance with the City's procurement policies, staff solicited sealed bids through an advertisement in
the Paducah Sun on Sunday June 30`h, 2013 for the construction of a 1,700 SF residence to be built at 717
Harrison Street. Bids were opened at 10:01 All on',Ionday, July- 22'`x, 2013. As stated in the Public Notice.
awards are to be based on the best -evaluated bid. The following bid criteria were used by to evaluate each bid:
1) 20 Points: Specialized experience or technical expertise of the contractor and its
personnel in connection with construction and,'or the rehabilitation of homes including the renovation of historic
structures.
2) 20 Points: Past record of performance on contract with the community and other clients, including quality of
work, timeliness, and cost control.
3) 20 Points: Capacity of the contractor to perform the work within the time limitations, taking into
consideration the current and planned workload of the contractor.
4) 20 Points: Cost
3) 20 Points: Familiarity with local conditions relevant to the proposed project.
,agenda :action Form Page 2
Three bids were received and evaluated with Jim Steele Construction receiving the highest evaluated score or 97
with the bid of $182,965.00 for the proposed project.
Staff Recommendations:
Staff recommendation is that the City Commission awards the contract to Jim Steele Construction for
$182,965.00 for the construction of the infill residential structure at 717 Harrison Street with Planning Staff
acting as the construction management team using funds approved for this use by Municipal Order 41724,
Goal: ® Strong Economy ❑ Quality Services ® Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Finance
Account Name: Lowertown
Account Number: CD 0075
Attachments: Elevations
Agenda Action Form
Paducah City Commission
Meeting Date: 8-27-13
Short Title: Change Order 93 for Uniform Services for the Fire Department
MOrdinance ❑ Emergency ❑ Municipal Order ❑ Resolutiori ❑ Motion
Staff Work By: Steve Kyle
Presentation By: Steve Kyle
Background Information:
The primary purpose of this change order is to update and add items that were
not previously incorporated into the contract. This does not change the overall
amount of the clothing allowance that each employee has but increases the
number of items available to each employee. Things included in this change
order are clarifications, replacement items, small pieces of equipment available
to the individual employee, uniform items that were inadvertently left off of
previous actions, and additions for items that have been discontinued by the
manufacturer.
Goal: []Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Doi%ntowns
Funds Available: AcCOUnt Name: Clothing Allowance
Account dumber: 001-1801 1802,' l 503 `1 SO4 1805, l 806-522.1610 Finance
Staff Recommendation:
,approve change order .=3 for the uniform services contract for the lire department.
Attachments; Change order 413
Dep rtment d C iu C Ierk < C its ManaLier
Agenda Action Form
Paducah City Commission
Meeting Date: August 27, 2013
Short Title: Contract with GPEDC
❑Ordinance ❑ Emergency ❑ Municipal Order ❑Resolution ❑ Motion
Staff Work By:
Presentation By
Background Information:
Claudia Meeks
Jeff Pederson, City Manager
As part of the Investment Fund Decision Items for FY2014, the Covairlssion approved appropriation of
funding for Greater Paducah Partners For Progress and GPEDC in the amount of 5250,000, to be paid
in Quarterly installments.
In addition, since GPEDC has absorbed the role and all responsibil1'cs of EntrePaducah, an additional
550,000 was allotted, also payable in quarterly installments.
When the City provides funds to any organization, we prepay, .a simple Contract For Services
agreement that describes the public services the organization will protide as a restu[t of receiving the
city funds.
Goal: ❑Strong Economy N Quality Semites❑ Vital Neighborhoodsi_! Restored Downto�4ns
Funds Available; This expenditure was appropriated in the FY'O;3 Budget.
Account Name: Investment Fund
Account Number: 004-0401-536-2307: ED0006'EDO tO l
Finance
I
Staff Recommendation:
Authorize the N[ayor to enter into one-time Contracts For Services GPEDC fora total of 5300.000
(5250,000 For GPEDC responsibilities and 550,000 for EntrePaducah responsibilities)
Attachments:
Ordinance
Contract
Department Head City Clerk Cite \,Ian
Agenda Action Form
Paducah City Commission
Meeting Date: August 21, 2013
Short Title: 2013/2014 Kentucky Transportation Discretionary Application
® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Ntotion
Staff Work By: Capt. Don Hodgson
Presentation By: Asst Chief Stacey Grimes
Background Information: The Kentucky Office of Highway Safety, a division of the Kentucky
Transportation Cabinet has competitive, discretionary grant programs that offer reimbursements to police
agencies. Kentucky Office of Highway Safety has contacted the police department in regard to
discretionary funds that are available and can be requested.
In an effort to reduce unsafe driving behaviors and reduce collisions, the Paducah Police Department
submitted a letter to request funds through Municipal Order #1734 on July 23, 2013, in the amount of
$5,000. These funds will be expended for overtime traffic enforcement. There is no cash match required.
If the Commission desires the Police Department to accept an award from The Kentucky Office of
Highway Safety it must authorize and direct the Mayor to sign all pertaining documents.
Goal:❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Project Title: Highway Safety - $5000
Project #: P00073 Finance
File #: 6.249
Acct. #: 001-1602-521.12-01
Staff Recommendation: Approval
Department Head
City Clerk
City Manager
Agenda Action Form
Paducah City Commission
Meeting Date: September 3", 2013
Short Title: HOME 2012 House 46 — 1403 Monroe Street
® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution El -'Motion
Staff Work By: Charlie Doherty/Steve Ervin
Presentation By: Steve Ervin
Background Infonnation:
1403 Monroe Street: "Strathmoor Manor"
Key Components:
After receiving final SHPO approval to build a new 2012 HOivtE house on the lot at 1403 Monroe Street, staff
solicited bids for the construction of the 1,380 SF "Strathmoor Manor" home on this lot in a Public Notice
published in the Paducah Sun on August 4`h, 2013. Bids were opened on .-\ugust 20`x', 2013 with the fotlowing
results:
D&D Construction:
Jim Steele Construction:
Crawford Contracting:
Staff Analysis:
$127,370.00 ($92.30/SF)
$130,275.00 (594.40,SF)
$131,900.00 ($95.5SiSF)
as stated in the Public Notice, contracts are to be awarded based on the best evaluated and most responsive bids.
Agenda Action Form Page 2
• D & D Construction was the low bidder at $127,370.00. D&D's evaluation was scored at 99 based on
previous experience with City projects and being the low bidder.
Staff Recommendations:
URCDA meets at 4:30 PM on the 3`d of September and based on these staff evaluations, it is anticipated that the
URCDA Board will recommend that the Board of Commissioners award the construction contract for 1403
Monroe Street to D & D Construction for $127,370.00.
Goal: ® Strong Economy ❑ Quality Services ® Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Account Name: 2012 HUME project r s 13010
Account Number: 008-1216-5132307 � V nance
Project Number: CD 0081
Staff Recommendation: Approval
Attachments:
D n1 HeadW City Clerk City Manager
ORDIN-\NCE \O- '013-q-
\\ ORDINANCE APPRO\ ISG THE RECO\f\fE`+DATIO.\ OF THE
LRBAN RENEt\:\1_ AND COMML MTY DEL'ELOPtiIENT .-\GE\CY TO ,ACCEPT THE
BID OF JIM STEELE CONSTRICTION FOR CONSTRLCTfON Of- -\ \Eby HOVE -\T 13'3
MADISON STREET—AND AUTHORIZING THE MAYOR TO E-` KI LTE \ CONTR-\CT
FOR SAME
\\ HERE.\S. on Aw2ust a, 2013, the City of Paducah ,n;iiited bids on behlil )r
he L chart R ne cal .end Commune; De elopment .a_ency f L RDC \i or con;tnicuom or a neo
home IorsteJ at 1403 Monroe Street: and
W HERE.AS, bids were opened on Augu;t 1-0. 2013, by ih: Paducah Planning
Department and reatestied by the L RCDA on September 3. 2013. and
WHEREAS. the l RCD:\ recommend; the Cit; of Paducah accept the hid :)r D
D Construction ui tfu anwwii of ] 1 _".370.01} for the construction of i st-•v home Iocaed .tt 130t
Monroe Street consuuction line or credit pro%ided h} Banrorra Bank.
BE IT ORDAINED BY THE CITY OF PADUCAH. KENTUCK)i
SECTION 1 That the City of Paducah approves [he'econiniendation or the
Urban Rcne%al and Communis} Devetopment .agency to accept the 'rid of D & D Construction.
in the amount of S(2'..170 W. for the construction )fa ne�� home at 1403 \lonroe Street, is part
of the 2U!' HOME Project. Said bid ism substattial compliance .Fish the bid slicciriCsunn,.
ad,. ertisement rear bids. and a., on[ained in the btJ Jated Au u;t 20..OI 3_
SECT-i0\t 2 The \favor is hereby authonzed to execute a rnntrict ,c I& D & D
Coiu[ru,tion Corr the consuliction of a new hoine at 1403 Monroe Street, accordin!� [o the
,ipeciiicauons. hId proposal and all contract docrunents hen[ofore .irprnA and incorhnratcd ui
[he bid,
SECTION 3. Thi; oxpendituic %%ill be fundeJ throu;h 2!A2 HO\IE Prnlect.
Project account number CD00S1, account nuniberC08-1'_15-313-'_3!i7
SECTION T, This ordinaiwc shall be read on k%+o ev=Fate day. s ,mil kid become
:tfac[ne upon ,UnuTtur� publication pursuant to KRS Chapter 424.
M.i t or
-\TTEST
T,immara S. Sanderson, Cit% Clerk
Intr�duceJ by the Board of Commissroner,, September 3. 2013
Adopted by the Board of Commissioner,- September '013
Recorded he Tatrimara S, Sattder5on, Citc Cler'c, September _ ?Ol3
Published ht The Paducah Sun.
ord1pLin1.contract-Jim Steele Construction- 1403 \h>nroo
Agenda Action Form
Paducah City Commission
Meeting Date: September 3, 2013
Short Title: Sale of Bonds authorization — Series 2010, 531600,000*
❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Jonathan Perkins & Jeff Pederson
Presentation By: Jonathan Perkins & Jeff Pederson
Background Information:
The 2013 bond issue will be publicly sold September 19, 2013. Second reading of the
ordinance September l7, 2013.
Bond proceeds are to be used to finance renovations completed at the Noble Park
Pool; and for the construction of or renovation of facilities to house economic
development projects TeleTech and Maaco Companies. The bond issue is expected
to have a15 -year life and the bond size will be approximately 53,600,000*, including
the cost of issuance.
Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods[:] Restored Downtowns
Funds Available: Account Name: Bond Issue - 2013 GRIL
Account Number: Bond Fund ce
Staff Recommendation: That the Nlayor & Commission approve the proposed
bond ordinance.
Attachments: Draft of Ordinance
I
Department Head City Clerk City Manager
Ordinance provides fora 10% variance in s¢e of f nancing.
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY
AUTHORIZING THE ISSUANCE OF (I) CITY OF P.kDUCAH, KENTUCKY
GEN,`ER_-kL OBLIGATION BONDS, SERIES 20 t 3A Ei THE .LPPROXLVIATE
AGGREGATE PRENCIPAL A1vIOUNT OF S 1, l 15,000 (SUBJECT TO A
PER_ti,IITTED ADJLSTVIENT NCREASING OR DECREASING THE
PRLN CIPAL kMOL—NT OF SERIES 20 t 3A BONDS BY-L'I' TO S l 10,000) FOR
THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF
RENOVATIONS AN -D a[PROVENIENTS TO A VU.NICIAL POOL N THE
CITY OF PADL.GC.AH, KENTUCKY, AND (II) CITY OF PADUCAH,
KENTUCKY TAXABLE GENERAL OBLIGATION BDNDS, SERIES 2013E
IN THE APPROXINIATE AGGREGATE PRINCIPAL A_MOIJIIT OF
52,435,000 (SLBJECT TO A PERMITTED ADJUST-L\,IENT INCREASING OR
DECREASING THE PRINCIPAL A-NtOUNT OF SERIES 2013A BONDS BY
UP TO S245,000) FOR THE PURPOSE OF FN:IN'CNG A PORTION OF THE
COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION AND
EQLrIPPNG OF VARIOUS ECONOMIC DEVELOPMENT PROJECTS IN -
THE
THE CITY OF PADUCAH, KENTUCKY; APPROVING THE FORNIS OF
BONDS; AUTHOR[ZNG DESIGNATED OFFICERS TO EXECUTE _AN'D
DELIVER THE BONDS; AUTHORIZNG AND DIRECTNG THE MNG OF
NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR
THE PAYNfENT AND SECLTRITY OF THE BONDS: CREATING BOND
PAY'IENT FL7N'DS; �IATNTANING THE HERETOFORE ESTABLISHED
SINKNG FUND; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE
BOND PURCHASERS FOR THE PURCHASE OF THE BONDS; AND
REPEALING INCONSISTENT ORDN_a\CES.
WHEREAS, the City of Paducah, Kentucky (the "City") has heretofore determined that it
is a public purpose to reduce unemployment in the City, to incr-.ase the City's tax base, to foster
economic development within the City and to promote the development of a skilled workforce,
all to the benefit of the citizens and residents of the City; and
WHEREAS, the City (the "City") has Further deten.airicd the necessity of tinancinj a
portion of the costs of the renovation and improvement or a municipal pool the "2013A
Project"); and
WHEREAS, the City has further determined the necessity of financing a portion of the
costs of ti) the construction of improv-ments to an industrial distribution facility located within
the City to be based to a Kentucky subsidiary of ylacco Orgaa quos Incorporated, a Canadian
corporation, Cor use in furtherance of economic devetopmert within the City, and (ii) the
acquisition, construction, installation and equipping of an approxirnatoly 30,000 square foot
building to be located on property being leasedjointly by the City and the County of _McCracken,
Kentucky (the "County") and to be subleased to TcleTech Sxvices Corporation, a Colorado
corporation, for use in Furtherance of economic development vitilan the City (collectively, the
"2013 B Project," and together with the 2013A Project, the "Projects" ); and
WHEREAS, the City has detennined that it is in the bestitrtf.rests of the City that the City
proceed at this time to finance the Projects through the issuance by the City of its (i) General
Obligation Bonds, Series 20t3A in the approximate aggregate principal arnount of 51,115,001)
(�,vhich amount may be increased or decreased by up to S 1 10,OM (the "Series 2013A Bonds".)
and (ii) Taxabtc General Obligation Bonds, Series 2013B in the approximate aggregate principal
arnount of S2,485,000 (which amount may be increased or decreased by up to S245,000) (the
"Series 2013B Bonds," and together with the Serios 20t3A Bonds, the 'Bonds"); and
WHEREAS, pursuant to the Constitution and Laws of the Cotnmon«ealth o Kentucky,
and particularly Sections 66.011 et. seq. of the Kentucky Revised Statutes, as amended (the
"General Obligation .=pct") and Sections 58.010 et. seq. oC the Kentucky Revised Statutes, as
amended (the "Public Project Act"), a city may issue bonds, subject to the requirements of the
General Obligation .pct and,or Public Project ,pct, to pay all or any portion of the costs of
financing any public project to the extent that such city is authorized to cause the acquisition,
construction, installation and equipping thereof; and
WHEREAS, the City desires to cause the Projects to be financed tlla�ough the issuance of
the Bonds to be sold and awarded to the successful bidder or bidders (the "Purchasers") at public,
competitive sale in accordance with the provisions of Chapter 424 of the Kentucky Revised
Statutes, as amended.
NOW, THEREFORE, BE 1T ORDAINED by the City of Paducah, Kentucky, as follows:
Section 1 — Necessity, Authorization and Purpose. The City hereby declares that it is
desirable and necessary to issue, and hereby authorizes the issuairce, of its General Obligation
Bonds, Series 2013:x, in the aggregate principal amount of SI,I 15,000, subject to a permitted
adjustment (the "Series 2013A Permitted Adjustment") increasing or decreasing the principal
amount of Series 2013A Bonds awarded to the purchasers thereof by up to Sl 10,000, for the
purpose of (i) paying the costs of the 2013A Project and (ii) paying the costs of issuance of the
Series 2013A Bonds.
The City hereby further declares that it is desirable and necessary to issue, and hereby
authorizes the issuance, of its Taxable General Obligation Bonds, Series 2013B, in the aggregate
principal amount of 52,485,000, subject to a permitted adjustment (the "Series 2013B Permitted
Adjusttnent," and together with the Series A Permitted Adjustment, the " Permitted
Adjustments") increasing or decreasing the principal amount ofSeries 20t3B Bonds awarded to
the purchasers thereof by up to 5245,000, for the purpose of (i) paying the costs of the 2013[3
Project and (ii) paying the costs of issuance of the Series 2013E Bonds.
The exact principal amount of Series 2013A Bonds andSeries 2013B Bonds to be issued
shalt be established in the Certificate of Award (as hereinafter defined).
Section 2 — Form of Bonds. The Series 20t3A Bonds shall be issued as hdlg registered
Bonds, shall be designated "General Obligation Bonds, Series 2013A", shall each express upon
their face the purpose for which they are issued, that they are issued under the .act and shall be
substantially in the form set forth in annex A. The Series 20BB Bonds shall be issued as fully
3
registered Bonds, shall be designated "Taxable General Obli-xion Bonds, Series 20t3B", shall
each express upon their face the purpose for which they are issued, that they are issued under the
Act and shall be substantially in the form set forth in hex B.
The Bonds shall be in denominations as requested by tae Purchasers, which shall be in
inteogal multiples of five thousand dollars (55,000). The Bonds shall each be dated their date of
initial issuance and delivery, or such other date as is determined in a certificate of award
accepting the bids of the Purchasers (the "Certificate of award") to be executed by the City
Manager or Finance Director of the City on the date of the sale oftlre Bonds.
Interest on the Bonds shall be payable each ?,March I and September I (an "Interest
Payment Date"), commencing March 1, 2014, at the stated interest rate or rates on the principal
amounts thereof, calculated on the basis of a 360 day year with 30 day months,.
The Bonds shall be serial or teen Bonds maturing or subject to mandatory sinking fund
redemption on September t, 2014 and each September t thereafter in the years and in the
amounts to be established in the Certificate of Award after advertised competitive sale of the
Bonds based on the interest rates set forth in the successful bid for each of the Series 2013,E
Bonds and Series 2013B Bonds (collectively, the "Bids") and the provisions of this Section 2,
provided that the final maturity date of the Bonds shall be as set forth in the Certificate of Award
but shall be no later than September I, 2025.
The interest rate or rates on the Bonds shall be determined in the Certificate of award
based on the Bids; provided that the a.,gre.gate not interest cost of the Series 2013A Bonds shall
not exceed fiae percent (5.011o), and the aggoi'e,-ate net interest cost of the Series 20t3B Bonds
shall not exceed six percent (6.0%).
4
The Bonds issued as term Bonds shall be subject to mandatory sinking fund redemption
on the dates, in the years and in the amounts as set forth in the Certificate of .award.
The Bonds shalt be subject to optional redemption prior to their maturity on any date on
or after September t, 2023, in whole or in part, in such order of maturity as shall be designated in
writing by the City, and by tot within a maturity, at the election of the City upon 45 days' written
notice to U.S. Bank National Association, Louisville, Kentucky. the paying agent and registrar
designated for the Bonds (the "Paying Agent and Registrar") at a redemption price equal to the
par amount thereof, plus accrued interest to the date of redemption:
At least thirty (30) days before the optional or mandatory sinking fund redemption date o[
any Bonds, the Paying Agent and Registrar shall cause a notice of such redemption either in
whole or in part, signed by the Paying Agent and Registrar, io be mailed, First class, postage
prepaid, to all registered owners of the Bonds to be redeemed at their addresses as they appear on
the registration books kept by the Paying Agent and Registrar, but failure to mail any such notice
shalt not affect the catidity of the proceedings for such redemption of Bonds for which such
notice has been sent. Each such notice shall set forth the date tiled for redemption, the
redemption price to be paid and, if less than alt of the Bonds being- payable by their terms on a
single date then outstanding shall be called for redemption, the distinctive series, number or
letters, if any, of such Bonds to be redeemed.
On the date so designated for redemption, notice hating been mailed in the mamler under
the conditions hereinabove provided and moneys for payment of the redemption price being held
in the Bond Payment Fund by the Paying .agent and Registrar for the registered owners of the
Bonds to be redeemed, the Bonds so called for redemption shall become and be due and payable
at the redemption price provided for redemption of such Bonds on such date, interest on the
5
Bonds so called for redemption shalt cease to accrue, and the registered owners of such Bonds
shall have no right in respect thereof except to receive payment of the redemption price thereof.
The Bonds may be issued in book -entry -only form through the services of the Depository
Trust Company ('DTC"). if the City detennines to issue the Bonds in book -entry -only form the
Designated Officers (hereinafter detined) are authorized to execute all documents necessary to
accomplish such form of issuance.
Section 3 -- Execution and Delivery. The Bonds shalt be executed by the manuat or
facsimile signature of the Mayor and duly attested by the manual or facsimile signature of the
City Clerk (which, together with any other person as may be authorized by resolution are
referred to as "Designated Officers") and shall have the seal of the City or a facsimile thereof
affixed thereto. Additionally, the Bonds shall bear the manual authenticating signature of the
Paying .agent and Registrar. The Designated Officers are further authorized and directed to
deliver the Bonds to the Purchasers, upon the terms and conditions provided herein, in the
Certificate of Award and in the Bids for the Bonds, receive the proceeds therefor, execute and
deliver such certificates and other closing documents and take such other action as may be
necessary or appropriate in order to effectuate the proper issuance, sale and delivery of the
Bonds.
The City authorizes and directs the Paying agent and Registrar to authenticate the Bonds
and to deliver the Bonds to the Purchasers upon payment of the pur; rias-, price thereof.
Section 4 -- Pavment. Payment of or on account of the merest on and principal of the
Bonds shall be made directly to the Paying Agent and Registrar for the account of the registered
owner. Interest on the Bonds shall be payable by check, trailed to the person whose name
appears on the fifteenth day preceding an Interest Paymcnt Date on the bond registration records
6
as the registered owner, on each trttarest Payment Date or by other transfer of funds acceptable to
such registered owner and the Paying Agent and Registrar. Principal shall be payable in such
coin or currency of the United States of America as shall be 1 ;al tender for the payment of
public and private debts at the time and place of payment upon deli%ery of the Bonds to the
Paying .agent and Registrar or by other transfer of funds acceptable to the Paying Agent and
Registrar and such registered owner. All such payments shall be valid and effectual to satisfy
and discharge the liability upon such Bonds to the extent of the suns or sums so paid.
Section 5 -- Filing. The Designated Officers are hereby authorized to undertake and
cause att Filings which may be required by law to be filed by the City with respect to the Bonds,
inchrding, but not limited to, the ftling with the State Local Debt Officer required by law.
Section 6 -- Bond Payment Fund; Pavmem of Bonds. there is hereby established with
the Paying .went and Registrar a bond payment find in the name of the City to be known as
General Obligation Bonds, Series 2013A Bond Payment Fund (the "2013A Bond Payment
Fund"), into which the City covenants to deposit, and into which the Designated Officers are
hereby authorized and directed to deposit from the sinking find (the "Sinking Fund") established
pursuant to Ordinance No. 2001-5-6353 adopted by the City (the "2001 General Obligation
Ordinance"), on or before the twenty-fifth day of each month which precedes an Interest
Payment Date, the amount requited to pay principal of and interest due on the Series 2013A
Bonds on such [merest Payment Date. The Paying Agent and Registrar shall, without further
authorization from the City, withdraw tiom the 2013A Bond Payment Fund, on such hiterest
Payment Date, the amounts necessary to pay principal of, and interest on, the Series 201')A
Bonds to the registered owner of the same.
Ther;, is hereby further established with the Paying want and Registrar a bond payment
find in the name of the City to be known as Taxable General Obligation Bonds, Series 20138
Bond Payment Fund (the "20 t 3B Bond Payment Fund," and together with the 20 t 3 A Bond
Payment Fund, th:, "Bond Payment Funds"), into which the City covenants to deposit, and into
which the Designated Officers are hereby authorized and directed to deposit from the Sinking
Fund on or before the twenty-fifth day of each month which pr -,cedes an Interest Payment Datc,
the amount required to pay principal of and interest due on the Series 20t3B Bonds on such
Interest Payment Date. The Paying Agent and Registrar shall, wiihout ftnrther authorization from
the City, withdraw from the 2013B Bond Payment Fund, on such Interest Payment Date, the
amounts necessary to pay principal of, and interest on, the Scrits 2013B Bonds to the registered
o%vner of the same.
Th:. Paying agent and Registrar is hereby appointed depository of the Bond Payment
Funds with respect to the Bonds.
if the City shall fail or refuse to mance any required deposit in the Bond Payment Funds
from the Sinking Fund, the Paying Agent and Registrar shall (i) notify- an,,, agency of the
CotTunonwealth of Kentucky or any political subdivision thereof which may collect and
distrlbULe taxes or revenues for the City to seek any available necessary or proper remedial
action.; and (ii) upon being indemnified against cost and expense, exercise any remedy provided
in the _-pct or at law or in equity for the benefit of th:. owner of the Bonds or its assigilee, and
shalt disburse all funds so collected to the owners of the Bonds is payment of the Bonds.
Section 7 -- General Obligation. The Bonds shall be foil general obligations of the City
and, Cor the payinent of said Bonds, and the interest thereon, the full faith, credit and revenue of
tine City are hereby pledged for the prompt payment thereof. During the period the Bonds are
11
outstanding, there shall be and there hereby is levied on all the taxable property in the City, In
addition to all other taxes, without limitation as to rate, a direct tax annually in an amouc1t
sufficient to pay the principal of and interest on the Bonds ►.hen and as due, it being hereby
Mound and determined that current tax rates are within all applicable limitations. Said tax shall be
and is hereby ordered computed, certified, levied and extended upon the tax duplicate and
collected by the same officers in the same manner and at the same time that tares for general
purposes for each of said years are certified, extended and collected. Said tax shall be placed
before and in preference to all other items and for the full arnount thereof provided, however,
that in each year to the extent that the other lawfully available funds of the City are available for
the payment of the Bonds, including amounts available under the Lease, and are appropriated for
such purpose, the amount of such direct tax upon all of the taxable. property in the City shall be
reduced by the amount of such other funds so available and appropriated.
Section 8 -- Nfaintenance of Sinking Fund. The Sinking Fund heretofore established by
the City is hereby ordered to be continued and maintained as long as any of the Bonds shall
remain outstanding. The funds derived from the tax levy required by Section 7 hereof or other
lawfully available funds shall be placed in the Sinking Fund and, together with interest collected
on the same, are irrevocably pledged for the payment of the interest on and principal of all bonds
issued under the .pct and Tax -Supported Leases, as defined in the Act, when and as the same fall
due. .amounts shall be transferred from the Sinking Fund to the Bond Payment Funds at the
times and in the amounts required by Section b hereof.
Section 9 -- Sale of Bonds; Certificate of Award. The Designated Officers are hereby
directed to sell the Bonds to the Purchasers at advertised competitke sale, the final principal
amount of, the principal amortization of and the interest rale or rates on the Bonds to be
9
established in accordance with the requirements of Sections i and 2 hereof by adoption of the
Certificate of Award. Each of the City Manager and Finances Director of the City- is hereby
authorized to execute the Certificate of Award establishing the terms of the Bonds described
herein wvithout any further action by the City Commission.
Section 10 — Bonds Registered Owners, Transfer Ex; hango. As long as the Bonds
executed and delivered hereunder shall remain outstanding, the Paying ,agent and Registrar shall
maintain an office for the Registration of such Bonds and shall also keep at such office books for
such registration and transfers. The registered owner of the Bords, as set forth in the registration
books maintained by the Paying Agent and Registrar on the fifteenth day preceding an Interest
Payment Date, or its assignees, for purposes of this Bond Ordinance, to the extent of its interest,
shall be treated as the owner of the applicable Bonds and shall be entitled to all rights and
security of the owner of the Bonds hereunder.
Upon surrendor for registration of transfer of Bonds at tite office of the Paying Agent and
Registrar with a written instrument of transfer satisfactory to the Paying Agent and Registrar,
duly executed by the registered owner or the registered owner's duly authorized attorney, the
Paying Agent and Registrar shall execute and de[Pver, in the name of the desi;-hated transferee or
transferees, one or more Bonds of the same series of any authmzed denomination and of a like
tenor and effect.
SII Bonds, upon surrender thereof at the office of the Paying Agent and Registrar, may,
at the option of the registered owner thereof be exchanged t;Or an equal aggregate principal
amount of Bonds of the same series of any authorized denomination,
fn all cases in which the privilege of exchanging or transferring Bonds is exercised, the
Paying _agent and Reyistrar shall execute and deliver Bonds in accordance with the provisions of
40
this Section. Every such exchange or transfer of Bonds, whet;ler temporary or definitive, shall
be wit'nout charge; provided that the Paying Agent and Registrar may impose a charge sufficient
to reimburse it for any tax, fee or other governmental charge required to be paid with respect to
such exchange or transfer, which sum or sums shall be paid by the person requesting such
exchange or transfer as a condition precedent to the exercise of the pr vilege of making such
exchange or transfer.
Section l l -- Disposition of Proceeds of Bonds. The proceeds of the sale of the Series
2013A Bonds shall be deposited, together with other available funds of the City, as follows: (a)
accrued interest and rounding amount, if any, shall be deposiied to the 2013A Bond Payment
Fund created in Section 6 hereof; (b) an amount sufficient to pay the costs of issuing the Series
2013A Bonds shall be deposited to a special cost of issuance fund hereby directed to be
established and designated as the "City of Paducah, Kentucky General Obligation Bonds, Series
20t 1A Cost of Issuance Fund" (the "Series A Cost of Issuance Fund"); and (c) the remainder of
the proceeds shall be deposited to a special construction fund (the "City of Paducah 2013A
Construction Fund") to be held by the construction fund depository designated in the Certificate
of _award (the "2013A Construction Fund Depository") and used for the acquisition,
construction, installation and equipping of the 2013A Project.
The proceeds of the sale of the Series 2013B Bonds shall be deposited. together with
other available funds of the City, as follows (a) accrued interest and rounding amount, if any,
shall be deposited to the 2013B Bond Paynscnt Fund created in Section 6 hereof; (b) an amount
sufficient to pay the costs of issuing the Series 20I3B Bonds shut be deposited to a special cost
of issuance fund hereby directed to be established and desipated as the "City of Paducah,
Kentucky General Obligation Bonds, Series 2013B Cost of Issuance Fund" (the "Series B Cost
of Issuance Fund"); and (c) the remainder of the proceeds shill be deposited to a special
construction fund (the "City of Paducah Construction Fund") to lie lield by the construction fund
depository designated in the Certificate of Award (the "20138 Construction Fund Depository")
and used for the acquisition, construction, installation and equipping of the 2013B Project,
Section 12 -- Further Actions. In connection with the undertaking and implementation by
the City of the plan of financing herein described, which i5 hereby expressly directed, th,-
Designated Officars are hereby authorized and directed to lace and carry out such Curther
necessary, desirable or appropriate actions to effect such plan of financing.
Section 13 -- Desi -nation of Series 200A Bonds. The City designates the Series 2013,A
Bonds as "qualified tax-exempt obligations" for the purposes set forth in 3 265(b)(3) of the
Internal Revenue Code of 1986, as amended. The City does not anticipate issuing more than
S t 0,000,000 of "qualified tax. -exempt obligations" during calendar year 20t 3.
SLctiorn t-4 -- Discharge of Bond Ordinance. If the City shall pay or cause to be paid, or
this:, shall otherwise be paid, to the owners of the Bonds the total principal and interest due or to
become due thereon through maturity, in the manner stipuilatod therein and in this Bond
Ordinance, then the pledges made under this Bond Ordinance, and ail covenants, agreements and
other obligations of the City hereunder, shall thereupon cease, terminate and become void and be
discharged and satisfied.
Section 15 -- SevcrabiliLV. if any one or more of the provisions of this Bond Ordinance
should be determined by a court of competent jurisdiction to bz contrary to fav, then such
provisions shall be deemed to be severable from all rzrnamm_1 provisions and shall not affect the
validity oCsuch other provisions.
12
Section 16 -- Inconsistent Actions. Atl prior ordinances, resolutions, orders or parts
thereof inconsistent herewith are hereby repealed.
Section t7 -- Open Ntcetinas Compliance. All meetings of the City Commission and of
its committees and any other public bodies, at which the formal actions in connection with the
issuance of the Bonds were taken, or at which deliberations that resulted in such formal actions
were held, were open meetings, and such formal actions were taken and any such deliberations
took place while such meetings, after proper notice, were open to the public, in compliance with
all legal requirements including KRS Sections 61.805 through 61.850.
Section 18 -- Effective Date, This Bond Ordinance shall become effective immediately
upon adoption and publication of a summary thereof, as provided by law.
N'TRODUCED AND PUBLICLY REND 0\ FIRST PEADI\G on the 3rd day of
September, 2013.
PLBLICLY READ, ADOPTED SAD APPROVED O\ SECOND READ1.lG, this the
IT" day of September, 2013.
Attest:
City Clerk
C[TY OF PADUC.AH, KENTUCKY
13
Vlavor
CERTIFICATION
I, the undersigned, do hereby certify that I am the duty qualified and acting City Clerk of
the City of Paducah, Kentucky, and as such City Clerk, I fttrther certify that the foregoing is 'a
true, correct and complete copy of a Bond Ordinance duty enacted by the City Commission of
the City at a duty convened meeting held on the L7th day of September, 2013, on the same
occasion signed by the Mayoras evidence of his approval, and nov`in full torte and effect, all as
appears tiom the official records of the City in my possession and under my control.
[SEAL
Witness my hand and the seal of said City as of the day of , 2013.
14
City Clerk
:A'\ -',",-E X A
Un!, -ss rhi erttticate is prasented by an authonzed rcpresentative of Une Depository Trust Company, a New York corporation
'DTC') io issuer or its ageni for registration of transfer, exchange, or payment ani av, certiticare issued is registered to the
name of Cede & Co or to such other name as is requested by an authonzed represertatrre of DTC (and any payment is made to
Ce;ie & Co or ro such other entity as is requested by an authorized representa[ive ,t 7i CF, .a,�Y TRA-NSFER, PLEDGE; OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO AN -Y" PERSON tS ��,RO`GFT--L inasmuch as the
register;d owner nereoC, Cede & Co., has an interest herein.
CO'NWON-WEALTH OF KENTUCI '
CITY OF PA-DUCAH, KENTUCKY
GENERAL OBLIGATION BOND, SERFS 2013A
No. R -1-t S
BOVD DATE: September ____, 2013
tihyTURITY DATE: September 1,
ENTER -EST RATE: °/o
REGISTERED HOLDER:
PR-[NCCPAL kMOU-\T:
KNOW ALL PERSONS By, THESE PRESENTS: Thai the City of Paducah, Kentucky
(the "City"), for value received, hereby acknowledges itself obligated to, and promises to pay to
the registered holder identified above, or registered assigns, the principal sum identified above
(or, if any part thereof has been paid, the balance thereof rernairing unpaid), on the maturity date
specified above., and to pay interest on said principal sum. (or, if any part thereof has been paid,
the balance thereof remaining unpaid) from the date hereof, payable each \-larch J. and
September 1, comnr.encing Nlarch 1, 2014, at the Interest Rat,- per annum identified above,
calculated on the basis of a 360 day year with 30 day morriths, except as the provisions
hereinafter- set forth with respect to prior redemption may be and become applicable hereto. The
principal of and interest on this bond are payable, without deduction for exchange, collection, or
service charges, in lawful money of the United States of America. Principal is payable at the
designated corporate trust office of U.S. Bank National Association, Louisville, Kentucky, or
any successor (the "Paying Agent and Registrar") or by other transfer of funds acceptable to the
Paying agent and Registrar and such owner. All interest on this bond and principal payable
prior to the final maturity date shall be payable by check or draft mailed to the record date
registered holder hereof at the address shown on the registration records kept by the Paying
Agent and Registrar or by other transfer of funds acceptable to the Paying Agent and Registrar
and such owner. The record date shall be the fifteenth day of the month preceding each interest
payment date.
This Bond is one of an issue of Bonds of like tenor and effect, except as to denomination
and maturity, numbered from RA -L upward, inctusive, of the denomination of S5,000 or any
15
integral multiple thereof originally aggregating
dollars (S ) in principal amount, issued for the purpose 3C(i) financing a portion of the
costs of the renovation and improvement of a municipal pool (he "Project") and (ii) paying the
costs of issuance of the Bonds, all pursuant to and in full compliance with the general laws of the
Common,,vealth of Kentucky and particularly Chapter 66 of the Kentucky Revised Statutes, and
pursuant to an ordinance duly adopted by the City Cornmissio,r of the City on the 17th day of
September, 2013 (the "Bond Ordinance") upon the affirmative ,/ote of at least a majority of the
members of its City Commission at a public meeting duly and regularly held, and after filing
proper notice with the State Local Debt Officer of the CommonEvealth of Kentucky.
This Bond and the issue of which it forms a part is a genera: obligation of Cho City and
the full faith, credit and revenue of the City are pledged to the payments due hereunder. THIS
BONrD IS CONTINUALLY SECURED BY THE FAITH, CREDIT fLN`D REVENt E OF THE
CITY.
The Bonds mature on the lst day of September of the fo'l.lo:,Ing years, in the respectIVO
principal amounts and bear interest at the _following rates of interest:
Maturity Date
September 1, 201=1
September 1, 2015
September 1, 2016
September 1, 2017
September 1, 2018
September 1, 2019
September 1, 2020
September 1, 2021
September 1, 2022
September 1, 2023
September 1, 2024
September 1, 2025
September 1, 2026
September 1, 2027
September 1, 2028
Amount
Interest Rate
Per :=-nnum
The Bonds maturing on or after September 1, 2024 shall be subject to optional
redemption prior to their maturity on any date on or after Septetnber 1, 2023, in whole or in part,
in such order of maturity as shall be designated in writing by the City, and by lot within a
maturity, at the election of the City upon 35 days' written notice to the Paying agent and
Registrar at a redemption price equal to the par amount thereof, plus accrued interest to the date
of redemption.
[C SERT A.W'vI;-NDATORN- SINK -F G FUND REDE�1PT10N REQC;IRE-1ENTS1
At least thirty (30) days before the redemption date of any Bonds the Paying Agent and
Rogistrar shall cause a notice of such redemption signed by the Paying Agent and Registrar, to
lei
be mailed, First class, postage prepaid, to all registered owners of the Bonds to be redeemed at
their addresses as they appear on the registration books Dept by the Paying Agent and Registrar,
but failure to mail any such notice shall not affect the validity of the proceedings for such
redemption of Bonds for which such notice has been sent. leach such notice shall set forth the
date fixed for redemption, the redemption price to be paid and, if less than all of the Bonds bein;
payable by their terms on a single date then outstanding shall be called for redemption, the
distinctive number or letters, if any, of such Bonds to be redeemed.
On the date so designated for redemption, notice haviaa been published in the manner
under the conditions hereinabove provided and moneys for payment of the redemption price
being held in the Payment Fund by the Paying Agent and Registrar for the registered owners of
the Bonds to be redeemed, the Bonds so called for redemption shall become and be due and
payable at the redemption price provided for redemption of such Bonds on such date, interest on
the Bonds so called for redemption shall cease to accrue, and the registered owners of such
Bonds shall have no right in respect thereof except to receive payment of the redemption price
thereo f.
No recourse shall be had for the payment of the principal of or the interest on this Bond,
or for any claim based hereon, against any officer, agent or employee, past, present or future, of
the City, as such, either directly or through the City, whether by virtue of any constitutional
provision, statute or rule of law, or by the enforcement of any assessment or penalty, or
otherwise; all such liability of such officers, agents or employoes is hereby renounced, waived
and released as a condition of and as consideration for the issuance, CKecution and acceptance of
this Bond.
It is hereby certified that all acts, conditions and things required to be done, to occur or bo
performed precedent to and in the issuance of this Bond, or in the creation of the obligations of
which this Bond is evidence, have been done, have occurred and have been performed in regular
and due form and manner as required by lave; that the faith, credit and revenue of the City are
hereby irrevocably pledged for the prompt payment of the principal hereof and interest hereon;
that the repayment obligation represented by this Bond is not in excess of any constitutional or
statutory limitation; and that due provision has been made for the levy and collection of a tax
sufficient in amount to pay the interest on this Bond as it Calls due and to provide for the
redemption of this Bond at maturity or upon earlier redemption.
EN IvVITNESS WHEREOF, the City has caused this Bond to be signed either manually or
by facsimile in its name by its Mayor and duly attested either manually or by facsimile by its
City Clerk and an impression or facsimile of the City's seal to be imprinted hereon, as of the date
set forth above.
(SEAL)
Attest:
CITY OF PADUCAII, KENTUCKY
0
Mayor
City Clerk
CERTIFICATE OF AUTHENTICATION
This is to certify that this Bond is one of the Bonds described hereinabove.
Date of Authentication:
IS
Authotized Signature
U.S. Bank National Association
Paying Arent and Registrar
CERTIRCATE
It is hereby certified that the Following is a correct andcomplete copy of the text of the
legal opinion of Peck, Shaffer & Williams LLP, Attorneys, Covington, Kentucky, regarding the
issue of which the within bond is one, the original of which opinion was manually executed,
dated and issued as of the date of delivery of and payment for said issue and a copy of which is
on file with the undersigned.
City Clerk
[FOR -NI OF APPROV[VG OPENIOV]
19
aSS[G'N"N[ET
FOR VALUE RECEIVED, the undersigned hereby setts, assigns and transfers unto:
(please print or typewrite social security number or other identifying number and name and
address of transferee)
the within Bond and does hereby irrevocably constitute and appoint the
or its successor as Bond paying Agent and Rcgistrar to transfer the said
Bond on the books kept for registration thereof with full power cCsubstitution in the premises.
Dated
20
Note: The signature to this assigrnnent must
correspond with the name of the registered
owner as it appears upon the face of the
within Bond in every particular, without
alteration or enlargement or any change
whatever.
A-N--`�EX B
L"n'.ess this :em,icare is pr seated br an authorized representative of The Depositor? Trust Corrpany, a �ew York corporation
�"DTC"i to issuer or its agent or registration of transfer, exchange, cr payment and xi% certifizate issued is registered in the
dame of Cede & Co. or in such other name as is requested by an authorized representative of DTC i and any pa�mtent is made io
Cede S, Co or to such other entity as is requested by 3n authorized representative ci DTC), -W TIZa.NSFER, PLEDGE, OR
OTHER LSE HEREOF POR `ALC,E OR OTHERWISE BY OR TO PE. -?,SOV IS WR0\GFU inasmuch as the
registered o%%ner hereon; Cede & Co-, has an Lnterest herein.
CO/LIIONWEALTH OF KENT[.,"CICY
CITY OF PADUCAH, KENTUCKY
T.AYABLE GENERAL OBLIGAT(ON BOND, SERIES 2013B
No. PU- -I S
BOND DATE: September —, 013
11_ATr �[TY DATE: September 1,
[�TEREST RATE: °ro
REGISTERED HOLDER:
PRINCIPAL ,A-M0I,1;T:
ICNOW ALL PERSONS BY THESE PRESENTS: That +e City of Paducah, Kentuckv
(the "City"), for value received, hereby acknow-ledges itself obligated to, and promises to pay to
the registered holder identified above, or registered assigns, tht principal sum identified above
(or, if any part thereof has been paid, the balance thereof remaining Unpaid), on the maturity date
specified above, and to pay interest on said principal sum (or, it aav part thereon has been paid,
the balance thereof remaining unpaid) from the date hereof. payable each iVlarch L and
September t, commencing March 1, 2014, at the Interest Rate per annum identified above,
calculated on the basis of a 360 day year kvith 30 day mor63, except as the provisions
hereinafter- set forth with respect to prior redemption may be and become applicable hereto. The
principal of and interest on this bond are payable, without deduction for exchange, collection, or
service charges, in lawful money of the United States of Ameri,;a. Principal is payable at the
designated corporate trust office of U.S. Bank National Association, Louisville, Kentucky, or
any successor ((he "Paying Agent and Registrar") or by other transfer of funds acceptable to the
Paying Agent and Registrar and such owner. :ill interest on this bond and principal payable
prior to the final maturity date shall be payable by check or drift mailed to the record date
registered holder hereof at the address shown on the registration. records kept by the Paying
Agent and Registrar or by other transfer of funds acceptable to the Paying Agent and Registrar
and such owner. The record date shall be the fifteenth day of t.e month preceding each interest
payment date.
This Bond is one of an issue of Bonds of like tenor and -Uect, except as to denomination
and maturity, numbered t7om RB -1 upward, inclusive, of the d2riomination of S5,000 or any
2l
integral multiple thereof original[y aggregating
dollars (S ) in principal amount, issued for the purpose of financing (i) the construction
of improvements to an industrial'distribution facility located %vithin the City to be leased to a
Kentucky subsidiary- of Macco Organiques Incorporated, a Canadian corporation, for use is
furtherance of economic development within the City, (ii) the acquisition, construction.
installation and equipping of an approximately 30,000 square foot building to be located on
property being [cased Jointly by the City and the County of McCrackon, Kentucky (tire
"County") and to be subleased to TeleTech Services Corporation, a Colorado corporation, Cor use
in furtherance of economic development within the City (collectively, the "Project") and (iii)
paying the costs of issuance of the Bonds, all pursuant to and in full compliance with the general
laws of the Commonwealth of Kentucky and particularly Chapter 66 of the Kentucky Revised
Statutes, and pursuant to an ordinance duly adopted by the City Commission of the City on the
[7th day of September, 2013 (the "Bond Ordinance") upon the affirmative vote of at least a
majority of the members of its City Commission at a public meeting duly and regularly held, and
after filing proper notice with the State Local Debt Officer of the Commonwealth of Kentucky.
This Bond and the issue of which it forms a part is a general obligation of the City and
the full faith, credit and revenue of the City are pledged to the payments due hereunder. THIS
BOVD IS CONTF-\;UA ..LY SECURED BY THE FAITH, CREDIT AND REVENFUE OF THE
CITY.
The Bonds mature on the Ist day of September of the following years, in the respective
principal amounts and bear- interest at the following rates of interest:
Nlaturit% Date
September 1, 2014
September 1, 20 t 5
September 1, 2016
September 1, 2017
September 1, 2015
September 1, 2019
September 1, 2020
September 1, 2021
September 1, 2072
September 1, 2023
September 1, 2024
September [, 2025
September 1, 2026
September l , 2027
September 1, 2025
Amount
Interest Rate
Per A-UnU m
The Bonds maturing on or after September 1, 2024 shall be subject to optional
redemption prior to their maturity on any date on or after September [, 2023, in whole or in part,
in such order of maturity as shall be designated in %vriting by the City, and by lot within a
maturity, at the election of the City upon 15 days' written notice to the Paying agent and
Registrar at a redemption price equal to the par amount thereof; plus accrued interest to the date
o f redemption.
(INSERT ANY NLVN-DAT0RV SMING FUND REDEMPT1O7'," REQUIRE\[F.�TS]
At least thirty(30) days before the redemption date of any Bonds the Paying Agent and
Registrar shall cause a notice of such redemption signed by the Payirng Agent and Registrar, to
be mailed, first class, postage prepaid, to all registered owners of the Bonds to be redeemed at
their addresses as they appear on the registration books kept by the Paying :Agent and Registrar,
but failure to mail any such notice shall not affect the validity of the proceedings for such
redemption of Bonds for which such notice has been sent. Each such notice shall set forth tha
date fired for redemption, the redemption price to be paid and, if less than all ofthe Bonds being
payable by their terms on a single date then outstanding shall be called for redemption, the
distinctive number or letters, if any, of such Bonds to be redeemed.
On the date so designated for redemption, notice having been published in the manner
under the conditions hereinabove provided and moneys for payanent of the redemption price
being held in the Payment Fund by the Paying Agent and Registrar for the registered owners of
the Bonds to be redeemed, the Bonds so called for redemption shall become and be due and
payable at the redemption price provided for redemption of such Bonds on such date, interest on
the Bonds so called for redemption shall cease to accrue, and the registered owners of such
Bonds shall have no right in respect thereof except to receive payment of the redemption price
thereof.
No recourse shall be had for the payment of the principal of or the interest on this Bond,
or for any claim based hereon, against any officer, agent or employee, past, present or future, of
the Cite, as such, either directly or through the City, whether by virtue of any constitutional
provision, statute or rule of law, or by the enforcement of any assessment or penalty, or
othcm ise; all such liability of such officers, agents or employees is hereby renounced, waived
and released as a condition of and as consideration for the issuastce, execution and acceptance of
this Bond.
ft is hereby certified that all acts, conditions and things reclured to be done, to occur or be
performed precedent to and in the issuance of this Bond, or in the creation of the obligations of
which this Bond is evidence, have been done, have occurred and have been performed in regular
and due forth and manner as required by lave; that the faith, credit and revenue of the City are
hereby irrevocably pledged for the prompt payment of the principal 'hereof and interest hereon;
that the repayment obligation represented by this Bond is not in excess of any constitutional or
statutory limitation; and that due provision has been made Cor the levy and collection of a tax
sufficient in amount to pay the interest on this Bond as it falls due and to prOVide for the
redemption of this Bond at maturity or upon earlier redemption.
23
IN WITNESS WHEREOF, the City has caused this Bond to be signed either manually or
by facsimile in its name by its Mayor and duly attested either manually or by facsimile by its
City Clerk and an impression or facsimile of the City's seal to be imprinted hereon, as of the date
set forth above.
(SEAL)
.attest:
CITY OF PADCCAH, KENTUCKY
Mayor
City Clerk
CERTIFICATE OF AUTHENTICATION
This is to certify that this Bond is one of the Bonds described hereinabocc.
Date oPAuthentication:
24
AUthoiized Signature
U.S. Bank National Association
Paying Agentand Registrar
CERTIFICATE
It is hereby certified that the following is a correct and complete copy of the test of the
legal opinion of Peck, Shaffer & Williams LLP, Attorneys, Covington, Kentucky, regarding the
issue of which the within bond is one, the original of which opinion was manually executed,
dated and issued as of the date of delivery of and payment for said issue and a copy of which is
on fila with the undersigned.
City Clerk
[FORM OF APPROVING OPINION]
25
aSSIGNAIENT
FOR VA C -E RECE[VED, the undersigned hereby sells, assigns and transfers unto'.
(pl.ase print or typewrite social security number or other identifying number and name and
address of transferee)
the within Bond and does hereby irrevocably constitute and appoint the
or its successor as Bond Paying Agent and Registrar to transfer the said
Bond on the books kept for registration thereof with frill power of substitution in the premises.
Dated
-e2-4:,
26
Note: The signature to this assignment must
correspond with the name of the registered
owner as it appears upon the face of the
within Bond in every particular, without
alteration or enlargement or any change
whatever.
Agenda Action Form
Paducah City Commission
Meeting Date: September 3, 2013
Short Title: Change Order 4I for the Purchase of Two new Triple
Combination Pumper Trucks for use by the Paducah Fire Department
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Angela Weeks, EPW Proj Mgr
Presentation By Rick Murphy, P.E., City Engineer -Public Works Director
Steve Kyle, Fire Chief
Background Information:
On March 19, 2013, Ordinance 920t3-03-8022 was adopted accepting the bid from Bluegrass
Fire Equipment Company, Inc., as the Vendor and Pierce Manufacturing, Inc. as the
Manufacturer for the purchase of Two Triple Combination Pumper Trucks for use by the
Paducah Fire Department for the pre -payment amount of $832,354.00. On April 11, 2013,
the contract for the two Fire Pumper Trucks was executed, pre -payment was made and the
process of manufacturing the Fire Pumper Truck began. As assembly progressed on the
Pumper Trucks, it was discovered that certain items should be added to the original contract
order.
Attached is Change Order #1 listing the specific items, resulting in an increase of $3,366.00.
Therefore, with the addition of this Change Order #1, the new contract price for the Two
Triple Combination Pumper Trucks will be $835,720.00.
Goal: _]Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Name: Fleet Fund
Account Number: 071-0210-542-4011 E7Finauce]
Staff Recommendation:
To adopt an Ordinance authorizing Change Order # 1 with Bluegrass Fire Equipment
Company, Inc., as the Vendor along with Pierce Manufacturing, Inc. as the Nlanufacturer for
the purchase of Two Triple Combination Pumper Trucks to be used by the Paducah Fire
Department in the amount of $3,366.00, increasing the contract amount to $835,720.00.
Attachments:
Change Order #1, Original Contract, Original Ordinance
J
Depart nt ad
City Clerk
City Manager
C1W16EOFDfR
PAW 1 OF I
CITY OF PADUCAH
ENGINEERING PUBLIC -WORKS DEPARTMENT
CHANGE ORDER
CHANGE ORDER NO: 1
DATE: August 262013
NAME OF PROJECT: Two Triple CombfmllGn Pumper Tweta _
OWNER: City of Paducah, Kentucky
Bluegrass Fire Equipment Company aid
VENDOR: Pierce Manufacturing Company, Inc.
THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMEIITS:
Additions to the Purchase of Two Pumper Trucks Authorized by Ordlnanca N2013-3.6022:
Full width step rear of body below hosebed
$433.04
Each
x 2
Trucks
$866.08
Two sddilional folding steps with handralls and lights
$969.00
Each
x 2
Trucks
$1,978.00
12V spare wiring added N compartments D1 -1)3 -Pi -P3
$261.00
Each
x 2
Trucks
$522.00
CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE INCRE\SEO BY:
ORIGINAL CONTRACT PRICE:
CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS:
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER WILL BE:
THE CONTRACT TIME WILL BE INCREASED BY:
APPROVALS REQUIRED:
CITY ENGINEER -PUBLIC WORKS DIRECTOR
$3,366.00
I $832354.00
$0.00
$036,720.00
0 Days
DATE
DATE
DATE
DATE
ORDINANCE NO, 2013-3 =6�arr'17
i
AN ORDINANCE ACCEPTING THE BID OF BLUEGRASS FIRE EQUIPMENT
COMPANY AND PIERCE MANUFACTURING, INC., FOR SALE TOFU CITY OF TWO TRIPLE
COMBINATION PUMPER TRUCKS FOR USE BY THE FIRE DEPARTMENT, AND
AUTHORJZIl IG THE MAYOR TO EXECUTE A CONTRACT WITH BLUEGRASS FIRE
EQUIPMENT COMPANY AND PIERCE MANUFACTURING COMPANY. NC.
BE IT ORDA['IED BY THE CITY OF PADUCAH, KE1I7UCKY:
SECTION I. The City of Paducah accepts the bid of Bluegrass Fire Equipment
Company as the vendor and Pierce Manufacturing, Inc. as the manufactu-cr in the amount of
$863,588.00, for sale to the City of two Triple Combination Pumper Trmts, for use by the Fire
Department, said bid being in substantial compliance with bid specifications, and as contained in the bid
of Bluegrass Fire Equipment Company and Pierce Manufacturing, of February 15, 2013. However,
Pierce Manufacturing Company, Inc. has proposed a deduction in the ameuat of $31.234.00 from the
proposal price if the City makes a 100% prepayment for the Triple Combination Pumper Truck upon
contract acceptance. If the 100% prepayment is approved, the price for the new Triple Combination
Pumper Truck would then be $852,354.00.
SECTION 2. The Mayor is hereby authorized to axecutearcontract bctvmen the City of
Paducah Bluegrass Fire Equipment Company, and Pierce Manufacturing, bic. for the purchase of two
Triple Combination Pumper Trucks, authorized in Section I above, according to the specifications, bid
proposal and all contract documents heretofore approved and incorporate) Ln the bid.
SECTION 3. This purchase shall be charged to the FleetFund account, VD -0210.542-
4005. i
,
SECTION 4. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424. i
.ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, March 12, 2013
Adopted as Amended by the Board of Commissioners, ivfarch 19, 2013
Recorded by Tammara S. Sanderson, City Clerk, March N, 2013
Published by The Paducah Sun,
ord%pwortsltr.ck—fire-triple combination pumper 2013
t_J 4A�
cosco
AGR=—'mE`1T
'age I Y
CITY OF PAOUCAH, KENTUCO
ENGINEERING -PUBLIC WORKS DEPARTMENT
AGREEMENT FOR TWO TRIPLE COMBINATION PUMPER TRUCKS
FOR USE BY THE FIRE DEPARTAIENT
THIS AGREEMENT, made this t L"" day of 2013 by and betNeen the CITY OF
PADUCAH, hereinafter called the OWNER, and BLUEGRASS FIRE EQUIPMENT COMPANY, INC.,
hereinafter called the VENDOR, and PIERCE MANUFACTURING, 14C., hereinafter called the
MANUFACTURER, for the con.sideration hereinafter named, agree as follows:
ARTICLE 1. SCOPE OF WORK
The 1klanufacturer shall provide and the Vendor shall deliver T,vo Triple Combination Pumper
Trucks for use by the City Fire Department in in full compliance w(tf the Specifications as contained in
the Bid Proposal Dated February 15, 2013. The Two Pumper Trucks iuopiied shall be in accordance with
this Agreement, the Specifications and any Addendum(s) issued.
ARTICLE 2, TIME FOR COMPLETION AND LIQUIDATED DA1NIAGE3
The Vendor and Manufacturer hereby agrees to commence lAwk under this and to fully complete
the delivery of the Two Pumper Trucks within Seven (7) Months as directed by the (Notice To Proceed,
ARTICLE 3. THE CONTRACT SUM
The Owner shall pay the Vendor and Manufacturer for the p&orman,ce of the Contract, subject (o
additions and deductions provided therein the fol{owing amount:
• Eight Hundred Sixty Three Thousand, Five Hundred Eighty Eight Dollars and INC Cents
($863,588.00) for Two Triple Combination Pumper Trucks 3s quoted in the aforementioned Bid
Proposal.
• Y/ith a Total Pre -Payment Discount Savings of Thirty One Thwaard, Two Hundred Thirty Four
Dollars and No Cents ($31,234.00) as offered by the Manufacturer,
• Therefore, the FINAL PRE -PAYMENT AMOUNT shall beEirht Hundred Thirty Two
Thousand, Three Hundred Fifty Four Dollars and No Cents (5832,354.00) for the
purchase of Two Triple Combination Pumper Trucks.
Which total Prepay Amount shall constitute full compensation for the purchase of the Two Triple
- - Combination -Pumper Truck authorized herein.
ARTICLE 4. PAYN1ENTS
Tre Total Pre -Payment Amount will be made in full upon exacution of the vontract in accordance
with the Pre -Payment Discount.
ocsco
>GREEWE`C
?age 3 ii'
ARTICLE 5. THE CONTRACT DOCUMENTS
The Specifications and any addendum that may have been issued are fully a part of this Contract
as if thereto attached or herein repeated.
IN VNITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above
written.
BLUEGRASS FIRE EQUIPMENT CO, INC
VENDOR
BY
ohn Baker, President
ADDRESS:
P. O. Box 23174
Lexington, Kentucky 40523
PIERCE MANUFACTURING, INC.
MANUFACTURER
BY �,
Nam�ed�Title
ADDRESS:
P. O. Box 2017
Appleton, Wisconsin 54912-2017
CITY OF PADUCAH, KENTUCKY
H
AE
Post Office Box 2267
Paducah, Kentucky 42002-2267
Agenda Action Form
Paducah City Commission
Meeting Date: September 3, 2013
Short Title: Authorize a Contract with Harper Construction, LLC, for the
Construction of the Greenway Trail Phase II Project
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Angela Weeks, EPW Proj Nlgr
Presentation By: Rick Nturphy, P.E., City Engineer -Public Works Director
Background Information:
On Wednesday, August 14, 2013, sealed bids were opened and read aloud for the Greenway
Trail Phase II Project. Five responsive and responsible bids were received, with Harper
Construction, LLC, submitting the lowest bid in the amount of $672, 502.45. This bid was
below the revised construction cost estimate.
This Project is primarily funded with a FHWA Transportation Enhancement Grant
administered by the Kentucky Transportation Cabinet Office of Local Programs (KYTC-OLP)
in the amount of $500,000 with a 20% City match. The sources of the City funds are
available from the Boyles Estate Community Foundation and the remainder of the Greenway
Trail Phase f funds.
As required by the FHWA grant LPA process, documentation was forwarded to the KYTC-
OLP recommending the award of the Project to Harper Construction, LLC, and confirmation
was received from Ms. Kim Tompkins on August 28, 2013, copy attached.
Goal: ❑Strong Economy ®Quality Services ®Vital Neighborlioods ❑Restored Downtowns
Funds Available: Account Name: Greenway Trail Phase II( Z`' 13
Account Number: 040-8821-536-2307 PA0078 �inance
Staff Recommendation:
To receive and file the bids and adopt an Ordinance authorizing the Mayor to execute a
contract with Harper Construction, LLC, in the amount of $672,502.45 for construction of
the Greenway Trail Phase II Project
Attachments:
Bids, Advertment, KYTC-OLP Documentation, Proposed Contract
J
Depart ent H d City Clerk City Manager
CITY OF PAOUCAH, KENTUCKY
ENGINEERING -PUBLIC WORKS DEPARTMENT
Greenway Trail Phase II Project
REVISED BID TAB
Bid Opening: 2:00 PM CST, Wednesday- August 14. 2013
L,OVVEST RESPONSIVE BID
Mobilization and Demobilization Amount Verification
-�::a 5IZ P:.:no,.' Mon 3 Derpcin 5630,478.52 $751 5809.188.44 $916.396.00 S93&567 70
$31.523.93 537.844 12 $40.459.42 $45.819,80 $46.928.39
59.457.18 I 511,353.24 1 12.137,83 $13.745.94 $14,07852
3D-2 a: C'=e'�:'c ' _ 'dc� Z C- _ AC:. 3rC D._ _ _ ae ...... C __ a
OFFICIAL BIDDER OF RECORD:
Contact
Mailing Address-
Harper Construction LLC
Jay Edwards Vice President
615 Northview Street
Paducah. KY 42001
Wilkins Const'uction Co.. Inc
Jeff Wilkins. President
514 Louisiana Street
Paducah, KY 420023027
A& K Construction, Inc,
Bill Boyd. Vice President
100 Calloway Coun
Paducah. KY 42001
Pinnacle, Inc
'Dennis Smith President
P O Sox 352
Benton. KY 42025-0352
Hi•Way raving, Inc
Jamas Ta}lc(. President
4343 Weaver Ci.
Hilliard, 0,43021
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TOTALBID
$672,502.45
$798,882.35
$839,993.62
$976,215.80
$998.667.70
Mobilization and Demobilization Amount Verification
-�::a 5IZ P:.:no,.' Mon 3 Derpcin 5630,478.52 $751 5809.188.44 $916.396.00 S93&567 70
$31.523.93 537.844 12 $40.459.42 $45.819,80 $46.928.39
59.457.18 I 511,353.24 1 12.137,83 $13.745.94 $14,07852
3D-2 a: C'=e'�:'c ' _ 'dc� Z C- _ AC:. 3rC D._ _ _ ae ...... C __ a
CITY OF PADUCAH, KENTUCKY
ENGINEERING -PUBLIC WORKS DEPARTMENT
Greenway Trail Phase II Project
REVISED BID TAB
Bid Opening: 2:00 PM CST. Wednesday. August 14, 2013
LOWEST RESPONSIVE BID
OFFICIAL BIDDER OF RECORD:
Contact.
Mailing Address.
Harper Construction, LLC
Jay Edwards. Vice President
616 Northmew Street
Paducah, KY 42001
Wilkins Construction Co.. Inc
Jeff Wilkins. President
514 Louisiana Street
Paducah. KY 42002-3027
A& K Construction, Inc
Bill Boyd. Vice President
100 Calloway Court
Paducah. KY 42001
Pinnacle. Inc.
Dennis Smith, President
P O Box 352
Benton. KY 42025-0352
Hi.Way'anng. Inc.
James Taylor. President
4343 Weaver Ct
Hilliard. On 43026-0550
OWNER EVALULATION OF BIDS:
REQUIRED DOCUMENTS',
" Bm Bo.'e = e'3d
vas
"as
yes
Yes
B,._er', [e'brcaaon SeC...n :0325 - SgneO enc 1. r,,
Yes
"e_
vc eon'- a=, I—C nc.. mno 02s Cerreto-
ves
"es
Yes
as
e:
Subcontractors- DBE Subcontractors
Cart, Paving
Brehm 31rsnn-y
Central Po nng
nc Enlervises-DBE B'0°r
vac Enterpecs DBE 2',
JaYSEecVm
Jag Inc JBE'
Gacdc-Sharrrocx
'a,S Eleancal
BouneLark
Brehrr Striping
Bourne Clara
Brehm SVm.ng
3rahr S:n.mc
- Enterprses :BE p1n
Jays Eleanc
Gaddle-Snarr rock
Jam es Sa rser '•mrsa-
Gadd" Shamrock
Brehm Striping
Jame=_ Sa..ers Vursery
Jays dacmc
JBE 0-a
Central Pawn.
RESPONSIVE &RESPONSIBLE BIDDER:
I,
Yes
Yes
ves
_
BID RECOMMENDED FOR ACCEPTANCE
"es
NC
No
Nc
Angela Weeks
From: Tompkins, Kimberly (KYTC) <Kimberfy.Tompkins@ky.gov>
Sent: Wednesday, August 28, 2013 8:23 AM
To: Angela Weeks
Cc: Cheryl Meadows; Steve Ervin; Mark Thompson; Rick Murphy; Stansel, Rick (KYTC); Jones,
Michael (KYTC); Jones, Jackie (KYTC)
Subject: City of Paducah -Greenway Trail Phase II Project - Notice to Proceed with Award for
Construction
The Kentucky Transportation Cabinet, Office of Local Programs (KYTC 0I..P) has received and reviewed the
competitive bid documents submitted for the subject project.
Based on documents as submitted, KYTC OLP approves the award to Harper Construction, LLC.
Please continue to adhere to the provisions of the Federal -Aid Highway' Program Project Development Guide
for Local Public Agencies. Failure to follow these provisions can adversely( affect your project. All changes and
alterations to your project must be submitted to this office prior to construction or purchasing for review and
compliance with State and Federal Regulations.
We look forward to working with you to move this project forward. If you have any questions, please contact
OLP at (502) 564-2060.
Kiri Tompkins
Program CoordinatorllPAIII
Office of Local Programs
Dept of Rural & Municipal Aid
Kentucky Transportation Cabinet
6th Floor East
200 Mero Street
Frankfort, KY 40622
502-564-2460 General Office Phone
502-782-4737 Direct Line
502-5646615 fx
transporlation,ky.gov
We hav? 3Pen-2d- on App. iC3'tic' n Cys ? for boih old T-- and i'v]&?v TAP _K',;ions Alii; b'? acz2pt2d -until Close of
I isin-2ss Octo� cr 24th, 'i'i You ha Y-2 3 pro,:act Y23-dy _,md mfrtC.h is avm;!/ab' e, H=, 2 i3 a :ink i:o `'Cne TAP Application .
From: Stansel, Rick (KYTC)
Sent: Tuesday, August 27, 2013 4:12 PM
To: Tompkins, Kimberly (KYTC)
Ce: Jones, Michael (KYTC), Jones, Jackie (KYTC)
Subject: City of Paducah -Greenway Trail Phase II Project
There were five (5) bids submitted on the subject project. The bids are as follows:
Harper Construction, LLC
$672,502.45
-30.71%
Prequalified
Wilkins Construction Co., Inc.
$798,882.25
-17.69%
Prequalified
A & K Construction, Inc.
$839,993.62
-13.45%
Prequalified
Pinnacle, Inc.
$976,251.80
+0.58%
Prequalified
Hi -Way Paving, Inc.
$998,667.70
+2.89%
Prequalified
Engineer's Estimate
$970,581.00
Harper Construction, LLC bid is (-) $298,078.55 or (-)30.71% below the Engineer's Estimate.
There was a 8% DBE Goal established for this project.
The project was advertised for 24 days and was placed on Construction Procurement's website.
Harper Construction, LLC will utilize Vic Enterprises a KYTC Certified and Prequalified DBE. Vic Enterprises will be
performing incidental work items such as guardrail, seeding and sidewalk in the amount of $53,822.29 or 8% DBE
Participation. Harper did certify their DBE participation in the proposal.
Based on Harper Construction, LLC bid being 30.71% under the Engineer's Estimate and Harper meeting the DBE Goal
with 8% participation, I recommend that the City of Paducah be issued a Notice to Proceed to Award for Construction.
According to the documents submitted by the city there are funds to construct this project.
If you have any questions or comments, please advise.
Rick Stansel
Rick .blurphv. P1"
�]IV l.iikittrci
August 22, 2013
Rick Stansel
Kentucky Transportation Cabinet
Office of Local Programs
200 Mero Street
Frankfort, KY 40622
i�l`✓� li
CITY OF PADUCAH
i00 ,SOU ii Edi S[ICC[
P 0. Box 220-
I.a00%
RE: Greenway Trail Phase li Project - Bid Acceptance Recommendation
Dear Mr. Stansel:
On Wednesday, August 14, 2013, sealed bids were opened and read aloud for the Greenway
Trail Phase II Project. Five responsive and responsible bids were received, with Harper
Construction, LLC, submitting the lowest bid. The City of Paducah would like to recommend
acceptance of the low bid of Harper Construction, LLC, in the amount of $672,502.45. In
accordance with the documents included herein, l am requesting KYTC's concurrence with the
City of Paducah's recommendation to award this project to Harper Construction, LLC.
Copies of the following documents related to this bid opening have been attached:
o Bid Documents of the responsive bids received, irrrluding:
Bid Proposals
Bid Bonds
o Signed Contractor's Certification form
a KYTC Prequalification Certifications of each Contractor
KYTC Prequalification Certifications of each Subcontractor
KYTC Prequalification Certifications of each DBE Subcontractor
a DBE Information Certification
Harper Construction, LLC - Additional Documentation
o DBE Plan/Subcontract Request Form TC 14-35
Bid Tabulation of Bids received
Revised Construction Cost Estimate
o Revised Budget Information
o Advertisement
Addendum #1
Rick Stansel
August 22, 2013
Page 2 of 2
As you are aware, the construction season is upon us and we would like to proceed as soon as
possible. Therefore, any consideration to expediting our request would be greatly appreciated.
In the event you or a member or your staff have any questions or require additional information,
please contact Ms. Angela Weeks of my office at 270-444-8511.
Sincerely,
r
Ri Murphy, P.
City Engineer-Pu61i Works Di clot
RM:aw
Gayle Kaler, Mayor
Jeff Pederson, City Manager
Mark Thompson, Parks Director
Steve Ervin, Planning Director
Jon Perkins, Finance Director
Jessica Herring, KYDOH District One
Iosco
AGREEMENT
Page 1 of 2
CITY OF PADUCAH, KENTUCKY
ENGINEERING -PUBLIC WORKS DEPARTMENT
GREENWAY TRAIL PHASE II PROJECT AGREEMENT
THIS AGREEMENT, made this day of , 2D13 by and between the CITY OF
PADUCAH, hereinafter called the OWNER, and HARPER CONSTRUCTION, LLC, hereinafter called the
CONTRACTOR, for the consideration hereinafter named, agree as fo'lows:
ARTICLE 1. SCOPE OF WORK
The Contractor agrees to fumish all the necessary labor, materials, equipment, tools and
services necessary for the construction of the GREENWAY TRAIL PHASE II PROJECT, All Work shall
be in accordance with this Agreement, the Plans, Specifications and any Addendum(s) issued.
Throughout the performance of this Contract, the Engineering -Public Works Department of the
City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of
Paducah. All work done by the Contractor shall he completed under the general supervision of the
Engineer.
ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
The Contractor hereby agrees to commence work under this contract on or before a date to be
specified in the Notice to Proceed and to fully complete the project within One Hundred and Fifty (150)
consecutive calendar days thereafter.
Failure of the Contractor to complete the work in the time specified above plus any extensions
allowed in accordance with the General Conditions shall result in the assessment of liquidated damages
for the delay (not as a penalty). Liquidated damages shall be in the arnount of Two Hundred and Fifty
Dollars ($250.00) for each consecutive calendar day for failure to meet the final completion date and the
total amount shall be withheld from the final payment as provided in accordance with the Specifications.
ARTICLE 3. THE CONTRACT SUM
The Owner shall pay the Contractor for the performance of the Contract, subject to additions and
deductions provided therein: Six Hundred Seventy Two Thousand Five Hundred Two Dollars and
Forty hive Cents ($672,502.45) as quoted in the Bid proposal by the Contractor dated August 14, 2013,
which shall constitute full compensation for the work and services authorized herein.
ARTICLE 4. PROGRESS PAYMENTS
Payments for Work Completed will be made in accordance with the Specifications.
ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due sixty, (60) days after substantial completion of the work, provided the
work will then be fully completed and the Contract fully performed in accordance with the specifications.
ARTICLE 6. THE CONTRACT DOCUMENTS
The Plans, Specifications and any addendum that may have been issued are fully a part of this
Contract as if thereto attached or herein repeated.
IN WITNESS WHEREOF:
The parties hereto have executed this Agreement, the day and year first above written.
HARPER CONSTRUCTION, LLC
BY
Tll
ADDRESS:
616 Northview Street
Paducah, Kentucky 42001
CITY OF PADUCAH, KENTUCKY
BY
Gayle Kaler, Mayor
ADDRESS:
Post Office Box 2267
Paducah, Kentucky 42002-2267
0050
AGREEMEW
Page 2 of 2
Agenda Action Form
Paducah City Commission
ivleeting Date: September t. 3013
Short Title: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER
[NTO A CONTRACT AND EXECUTE ALL DOCUMENTS NECESSARY
WITH MARCUM ENGINEERING LLC, FOR THE FINAL PHASE JULIAN
CARROLL CONVENTION CENTER RENOVATION PROJECT
❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ \,[Orion
Staff Work By: Doolittle
Presentation By: Doolittle
Background Information:
This is to provide scoping, engineering, design and bid documents for the final phase of the
con%entiou center and showroom project. The primary Goal of this design work 1; to create
design work For alterations to the kitchen area and the old hole[ Showroom. Since thisjob i)
primarily engineering, e.2mechanical, electrical, and ptumbi112. a local architecture firm will
be sub -contracted by the Engineer. it kill be Peck. Flannery, Gream, and Warren of Paducah.
The design was not bid for two reasons. First. professional services are not required to be bid
by city code or state procurement statute. And secondly, these are the same engineers,
architects, and designers for all previous phases of this project. They hate the most built up
knokled�ze hale of the building and its mechanical and electrical systems. [i's critical to do
this work now, since we are actively seeking to sell the air dome and the hotel is nearing its
construction schedule. The contract proposes a tee schedule to be 10"'c of the construction.
Goal. ❑Strong Economy ❑ Quality Ser ices❑ vital Neiglrhorhoods❑ Restored
Funds Available_ Account Name: DT003 t
Account Number: 040 44 11 592 2307 F7Finance
.mends .Action Forin
Staff Recommendation:
Paye
The staff recommends that the Mayor and City Board of Commissioners aecard Marcum
Engineering of Paducah with this design contract. An appropriation for this award was not
included in this budget, but may be added to the eventual bond that will be used for this
particular capital improvement.
Clerk II C
Head
AIADocument B1 02"' — 2007
Standard Form of Agreement Between Owner andArchitect without a Predefined scope
of Architect's Services
AGREEMENT made as of the 30th day of April in the year 2013
(In ivords, indicale day, month and year.)
ADDITIONS AND DELETIONS:
Thirtieth day of April ui the year Two Thousand Thirteen
The author of this document has
13ETWEEN the Oxvnier:
added information needed for its
(Alame, legal stalls, address acid other information)
compietion. The author may also
have revised the text of the orginai
City of Paducah Kentucky
AIA standard form. An Addil;ons and
300 South 5`h Street
Deletions Report that dotes added
Paducah, KY 42001
information as well as revisions to the
standard form text is available from
the author and should be reviewed. A
and the Architect:
vertical line in the left margin of this
, arne, legal status, address and other informalionj
document indicates where the author
has added necessary information
Marcutrt Engineering, LLC
and where the author has added to or
500 South 171 Street
deleted from the origiral AIA text.
Paducah, KY 42003
This document has important'egal
NOTE: All further references to Architect shall be inPetYed to moan Engineer
consequerces Consultation with ar
attorney is encouraged ,vith respect
for the following Project:
to its completion or modification.
(Va7ne, location and detailed descriplion)
Julian Carroll Convention Center Renovation Final Phase
Paducah, Kentucky
The ONmcr and Architect agree as follo« s.
AIA Document 5102" - 2007 (formerly 8141 - 1997 Part 1). Copy" gh! D ' a17, ' 325. 1943 155', '553, 1068 'y61 1 363 ' 356 1337, :370, '374, 1977
Init. ig7 r 997 3rd 2CC7 �)y T -e drrl r,C3r ;rs,i,ute of .Arcni',ec:s. All rights reserved. WARNING,: ThiS A:ADorumant Is pre:2 : -c' ba '3.3. C �pyright Lavt said
..::zrnai!onal '':e3t.e5 awn,)r:zed r=_product!on or dls:rihut!on of IMs AiA 3r;-1),/ p)rton of it. may rgs,,:t n ,erre c:v:i and ,rm na[
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order Order �0 13G73G33w]_' S, irh xp res or 07r12120r, 3 and Is rat `cr rzsale
User Notes: 17332325'3
TABLE OF ARTICLES
1 ARCHITECT'S RESPONSIBILITIES
2 OWNER'S RESPONSIBILITIES
3 COPYRIGHTS AND LICENSES
4 CLAIMS AND DISPUTES
5 TERMINATION OR SUSPENSION
6 COMPENSATION
7 MISCELLANEOUS PROVISIONS
8 SPECIAL TERMS AND CONDITIONS
9 SCOPE OF THE AGREEMENT
ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
§ 1.1 The Az-chitect shall provide the folloNving professional services:
(Descl-ihe the scope of the Architect 's services or identlfY an exhibit or scope c /services document setting 1brth the
Architect's services and incorporated into this document in Section 9. 2j
Design services and construction administration for the renovation of the roma ining areas of the Julian Can-olI
Convention Center.
§ 1.2 The Architect shall perform its services consistent with the professional s'cil I and care ordinarily pros ided by
architects practicing in the same or similar locality under the same or similar c4rcumstanccs. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progr; ss of
the Project,
§ 1.3 The Architect shall identify a representative authorized to act or behalfof the Architect with respect to the
Project.
§ 1.4 Except with the Owner's knowledge and consent, the Architect shall not ongage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
§ 1,5 The Architect shall maintain the following insurance for the duration ofthis agreement, if any of the
requirements set forth below exceed the tspes and limits the Architect normaliyl�aaintains, the Owlier shall reimburse
the Architect for any additional cost:
(7deflttfi% 11'peS and linins of insurance CO`%C'f'aaE', and DCher" L)ISLIi"121Zce !"L'qtlli"eltreil`,S (IfJp!'IC'Qb!C' -`O rrlC' A q7'E'e17tL'1!!. If
any.
1 General Liability
See attached "Certificate of Liability- Insurance"
Automooile Liability
See attached ''Ceril6cate of Liability hlsura;�ce"
Workers- Compensation
Se:: attached 'C'erti5catc of Liability [nsurancc"
AIA Document 13102"'" – 2007 ;Formerly 13141 –1997 Part 1), Ccoyr''ghr 1 '? 1 ?2E 1 ;;3 ' .3 ' ay.3. —58 13c' 1;.53 ' ?;0 1?07 1370, '.?'1 19"
Init. IMM '997 aro 2007 3/ a ar rsatls(a )f r r': rts. All rights reserved r ?Vf^3� c I I ; cr;;arb= J o ly aghi n 2
ar , `?d ;pr Aic; �n or a. a;rb-itiu-1 34 t'ni; A- 1 : �:—:ume:}t 7+ S�: it•.- .,, i..,,��a: _ ,,, r. _ I 1.i 13
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.:rder Omer Nc 1K7305343_' _xp r=s ar 05I"212013 3rd is rot `orras3ie
User Notes: '7952325G3,
Professional Liability
See attached "Certificate of Liability insurance"
ARTICLE 2 OWNER'S RESPONSIBILITIES
§ 2.1 Unless otherwise provided for under this Agreement, the Owner shall provide information In a timely manner
regarding requirements for and limitations on the Project, including a written program which shall set forth the
Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility,
expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from
the Architect, the 0%'ner shall furnish the requested information as rtecessarj and relevant for the architect to
evaluate, give notice of or enforce lien rights.
§ 2.2 The Owner shall identify a representative authorized to act on the Ow-nex's behalf with respect to the Project. The
Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's services.
§ 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect's request, the Owner shall furnish copies of the scope of eornsulting services in the contracts
between the Owner and the Owner's consultants. The Owner shall fwnish the services of consultants other than those
designated in this Agreement, or authorize the Architect to furnish thorn as an Additional Service, when the Architect
requests such services and demonstrates that they are reasonably required by the scope ofthe Project. The Owner shall
require that its consultants maintain professional liability insurance as appropriate to the services provided.
§ 2.4 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any lautt or
defect in the Project, including errors, omissions or inconsistencies in the Architect's hlstrurrlents of Se:rvicc.
ARTICLE 3 COPYRIGHTS AND LICENSES
§ 3.1 The Architect and the Owner warrant that in transmitting Instruments oV Service, or any other information, th;
transmitting partyis the copyright owner of such information or has permission from the copyright o�viter to transmit
such information for its use on the Project. If the Owner and :architect intend to transmit htstruments of Scrvice or any
other inforrnation or documentation in digital form, they shall endeavor to es!ablish necessary protocols governing
such transmissions.
§ 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shallretain all common law, statutory and
other reserved rights, including copyrights. Submission or distribution of Instrltments of Service to tneet official
regulatory requirements or for Simi lar purposes in connection with the Project is not to be construed as publication in
derogation of the reserved rights of the Architect and the Architects consultants.
§ 3.3 Upon execution of this An cement, the Architect grants to the Owner anonexclusivc license to use the
Architect's Instruments of Service solely and exclusively for the Project, pro,;1ded that the Owner substantially
performs its obligations, including prompt payment of all sums when due, tinder -this Agreement. The Architect shall
Obtain similar nonexclusive licenses from the .architect's consultants consFistert rti,ith this Au_reemew. The license
granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and
material or equiptnent suppliers, as Well as the Owner's consultants and separa.e contractor;, to reproduce applicable
portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the
Architect rightfully tcrminatcs this Agreement for cause as provided M Secticls 5.3 and 5 4, the license granted in rhi;
Section 3.3 shall terminate.
§ 3.3.1 In the, event the 0%tiner uses the lnStl-llmeI1tS of Service without retaining the author of the Instruments of
Ser%ice. the Owner releases th,: Architect and Architect's consultant(;) from :ill claims and causes ofaction arising
front such uses. The O\tiTel'. to the extent permitted by lawtin-ther agrees to indemnify and hold harmIcss the
:architect and its consultants from all costs and expenses, including the cost of de en;e; re,ated to claims and causes of
AIA Document 8102-1 - 2007 (formerly 8111 '" - 1997 Part i). Ccp;7:;-1 _' 10'7 'a25 "3-9, 11ti' 1353. 1753 1-5' 1353, 19c�, '967 ?373, '?71, '3—
Init. 387 lJti' and ?.307 b1 r-ie?m.er -3n Ir.sti:ute c` Arzmi ects. Ail rights reserved. 'r'!A.R1fl% .,i.% -� rnynt oy `i 3. Cap f -I-
-ier:iIn _:.t..n=y r=sa't .1,aye;: s,.;r r•.
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User Notes: f1'6j0325J31
action asserted by any third person or entity to the extent such costs and expenses arise From the Owii,-r's use os the
Instruments of Service under this Section 3.3. 1.
§ 3.4 Except for the licenses granted in this Article 3, no other license or righa it:all be deemed granted or implied
under this A� eernent. The Owner shall not assign, delegate, sublicense, pleda-e w otherwise transfer any license
granted herein to another party without the prior s i itten agreement of the Architect. Any unauthorized use of the
Instruments of Service shall be at the 0«ner's sole risk and %ithout liability io the Architect and the Architect's
consultants.
ARTICLE 4 CLAIMS AND DISPUTES
§ 4.1 GENERAL
§ 4.1,1 The Owner and Architect shall commence all claims and causes of action, ,Ahether in contract, tort, or
otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the
method of binding dispute resolution selected in this Agreement Within the pericd specified by applicable law, but in
any case not more than 10 years after the date of Substantial Completion of the Work, The Owner and Architect wai%c
all claims and causes of action not commenced in accordance with this SeCticn 4. I. 1.
§ 4.1,2 To the extent damages are covered by property insurance, the Owner anti Architect waive all rights against
each other and against the contractors, consultants, agents and employees of th e other- For damages, except such rights
as they may have to the proceeds of such insurance as set forth in ;=NIA Document A201-2007, General Conditions of
the Contract for Construction, if applicable. The Owner or the architect, as appropriate, shall require of the
contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated
herein.
§ 4.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arisln2
out of or relating to this Agreement. Chis mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination of this Agreement, except as specifically provided in Section 5.7.
§ 4.2 MEDIATION
§ 4.2.1 Any claim, dispute or other matter in question arising out of or related to this Al-reement shall be subject to
mediation as a condition precedent to binding dispute resolution. if such mauer reiates to or is the subject of a lien
arising out ofthe Architect's services, the.Nrchitecr may proceed in accordanceapplicable law to compl} with th
lien notice or filing deadlines prior to resolution of the matter by mediation er by binding disputa resolution.
§ 4.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
them by mediation which, unless the parties mutually agree otherwise, shall be administered by the Anierican
Arbitration Association in accordance With its Construction Industry Viediation Procedures in effect on the date of thz
Agreement. A request For mediation shall be made in \'Titing, delivered to the ether party to the Agrcement, and tiled
with the person or entity administering the mediation. The request may be made concurrently with the filing of a
complaint or other appropriate demand for binding dispute resolution but. in such event, mediation shall proceed in
advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
From the date of filing, unless stayed For a longer period by agreement oFthe parties or court order. if an arbitration
proceeding is stayed pursuant to this Section, the parties may nonetheless prrneced to Lh•- selection ofthe arbitrator(si
and agree upon a schedule for later proceedings.
§ 4.2.3 The parties shall share the mediator's fcc and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another- location is mutually aorced upon Agrxernm , reached in mediation shall
be enforceable as settlement agreerrrents in any court h�ivingjurisdiction ther;ef
§ 4.2.4 If the parties do not resole a dispute through mediation pursuant to this Section 4 2. the method of binding
dispute resolution shall be the following:
(Check the appr-opr'iate 1xzr. ffthe 0vtner and .ii-cn.+t2ct do irot sei'ect a met;tool dispute r'esohwon
CIO not 5zibsegLw)21y aavee ;ii ;o-il;na to a disDifte resoli ion thcv, It?:aaif r t, Fhe tlispL(le '.11?1 he
esnitet� i.r a Coir' i of competeiit;urisdictiov.)
[X ] .arbitration pursuant to Section 4.3 of this :agreement
AIADocumert 8102"1 -2007 (formerly 8141 1997 Part 1). -opyrghr 1 ')'7 1923 '343, 1351. 13 3. 13713 36" 1363 '1�63 1967 53"]
lnit. 1997, '.397 acd 2907 o f Tne Arran�3n All rights reserred, `„r s 3, C :-anil
isi -r3.3? es Jaajrao; zud r-,Qrod_rC'.ion ur wig:rE;u:.`on u` ;his A;Ai ;.3 x arg no'ion 3€ ', m, l r_ ,=r;re 3-.: .r on,;,al
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urder order Na ' E73r 5oJ3_1 .;�i. ch 3xrims on 35i12r2W3, and ;s Pot `cr;=_sal
User Notes: "735232503
[ ] Litigation in a court of competent jurisdIction
[ ] Other (SpeciA)
§ 4.3 ARBITRATION
§ 4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any
claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration, which unless the parties mutually agree otherwise, shall be administered by
the American Ar'oination Association in accordance with its Construction Industry Arbitration Rules in effect on the
date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this
Agreement, and filed with the person or entity administering the arbitration.
§ 4.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the tiling ofa request for mediation,
but in no event shall it be made after the date when the institution of Legal or equitable proceedings based on the claim,
dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations
purposes, receipt of written demand for arbitration by the person or entity administering the arbitration shall
constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question.
§ 4.3.2 The forego i ng agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly
consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any
court having jurisdiction thereof.
§ 4.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance mill
applicable law in any court having jurisdiction thereof.
§ 4.3.4 CONSOLIDATION OR JOINDER
§ 4.3.4.1 Either party, at its sole discretion, may consolidate in arbitration conducted under this Agreeuu:nt mill any
other arbitration to which it is a part, provided that (I ) the arbitration agreement governing due other arbitration
permits consolidation, (2) the arbitrations to be consolidated substantially insole -e common questions of law or fact;
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arhurator(s).
§ 4.3.4.2 Either party, at its sole discretion, may include byjoinder persons or entities substantially involved in a
common question of taw or fact whose presence is required ifcomplete relief 1s to be accorded in Lubin atton, provided
that the party soughtto bejoined consents in writing to Stich joinder. Consent to arbitration involving an additional
person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not
described in the written consent.
§ 4.3.4.3 The Owmcr and Architect grant to any person or entity made a party to an atbitration conducted under this
Section 4.3, tshcthar byjoinder or consolidation, the same rights ofjoinder and consolidation as the Owmer and
Architect under this Agreement.
ARTICLE 5 TERMINATION OR SUSPENSION
§ 5.1 If the Owner fails to make payments to the Architect in accordance a ith this A,19e,ment, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of
performance of services under this Agreement, if the .A chitect elects to Suspend serciccs, fne .architect shall give
seven days' written notice to the Owner before suspending services. fit the event of a suspension of services, the
Architect shall have no liability to the O%emer for delay or damage caused theOval-', because of incl; suspension of
services. Before resuming seraices, the .architect shall be paid all sums due prior to suspension and any expenses
incurred in the inter-uption and resumption of the At ser% ices. The Architect's fees for the remaining services
and the time schedules shall be equitably adjusted.
§ 5.2 if the Ovner suspends the Project, the .A chitect shall be compensated for sen -ices performed prior to notice of
Stich suspension. when the Project is resumed, the Architect shall be compensated for spcnses incurred in the
interruption and resumption of the At s services. The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
AIA Document 8102 " 2007 (formerly 8141 1997 Part I). '9, 1Bu 1343 p '95 0, 36, 1 M3 366 1 367 1 373 1311, 3"
Init. ,M7'39731u2001b,?-a?e,car.rst-u:e 4. Ar-.- . teas. All rights reserved YVARNIN, NA ] r3 3
hrte'..i.v ifTsa. ,..o author, zed 3, dis:- hut:c n or chis All Jo__irv, ,3)r „ra
pe a...es :r r; -_,'_I' .>_.._a gra:: 1� _,...,:ov..: 31- ;rdert: �.,, T,sd cl,.er( v1S ac' __ -3AAaoa aes382 >1 ss �'2;'3
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User Notes.
95272:.;3,
§ 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the Fault of the
Architect, Ch Architect may terminate this Agreement by giving not less tham seven days' written notice.
§ 5.4 Either party may terminate this Agreement upon not less than seven days' written notice shoiild the other party
fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the
termination.
§ 5.5 The Ow -nor may terminate this Agreement upon not less than seven (lays' written not{ce to die architect for the
Owner's conveni:.nce and without cause.
§ 5.6 In the event of termination not the fault of the Architect, the architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 5.7.
§ 5.7 Termination Expenses are in addition to compensation Cor the Architect's services and include expenses directly
attributable to termination for which the Architect is not otherwise compensated; plus an amount for the Architect's
anticipated profit on the value of the services not performed by the Architect.
§ 5.8 The Owner's rights to use the Architect's instruments of Service in the event of a terrnination of this Agreement
are set forth in Article 3 and Section 6.3.
ARTICLE 6 COMPENSATION
§ 6.1 The. 0 -wrier shall compensate the Architect for services described in Section i.l as set forth below, or in the
attached exhibit or scope document incorporated into this Agreement in Section 9.2.
(nsert amoimt of, or basis for, compensation or indicate the exhibit yr scope document in tr&ich compensation is
provided for.)
7.875% of construction cost and 6.3% of valued cost of any work not constricted.
§ 6.2 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 6.2.1 Reimbursable Expenses are in addition to compensation Cor the Architect's professional services and include
expenses incurred by the Architect and the Architect's consultants directly related to dw Project. as Collo-,s:
.1 Transportation and authorized out -of -tour travel and subsistence;
.2 Long distance services, dedicated data and communication services, teleconferences, Project Web
sites, and extranets;
.3 Fees paid for securing approval oC authorities having jurisdiction ovcr the Project;
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime %vork requiring higher than regular rates, iCauthorized in advance by the O ncr;
.7 R:nderings, models, stock -ups, professional photography, and presentation materials requested by th;
0-wrler;
.8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this
Project, or the expense of additional insurance coverage or limits ifthe Owner requests such insurance
in excess of that normally carried by the Architect's consultants,
.9 All taxes levied on professional services and on reimbursabie xp,-nses,
.10 Site office expenses; and
.11 Other similar Project -related expenditures.
§ 6.2.2 For Reimbursable Expenses, the compensation shalt be the expenses iricurred by the ArchM ct and th;
Architect's consultlnts plus an administrative t:e of Ten percent t 10 °i,) oC.h-- expenses ir.cun ed
§ 6.3 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
4f the 0 ner terminates the Architect for its convenience under Section 5.5. or the Architect 1c1711inal tl;is
1gr ement under Section 5.3, the Owner shall pay a licensing fee as compensation .Cr the Owner's continued use of
the .archttect'S Instruments or Service solely for purposes of the Project as Crlio. s:
A!A Document B102-1 - 2007 (formerly 8141-1 - 1997 Part 1). Coppr:ght �) 1317 ? ? 3 i5 1 iE3 �:�' ' > 3, 3 461 -9-0. 1;^4 3'
Init. '337 1397 and 2�C7 c; ---a A^rerlcar 'rsW_j,%e of ar'i:ects. AI rights reserved. -. :r�t
oduotiun �r di�trb )von o7.his A;.%" Jx ��'_..�. � _ 'ic,' _ ..�:if r--:> ._. _... ar
,. :resc._.....� '.� -.!Q rr.'< Fr.�'n .,tire.•. a3s>�910 ,,.•ae 'hj s:, s doom �. nas ��,�.-i,sd'� „ 3o`p..a-e at .3 2a 15 ;r :..., 2';' ,
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Not applicable
§ 6.4 PAYMENTS TO THE ARCHITECT
§ 6.4.1 An initial payment otZ ra (S 0.00 ) shall be made upon execution of this Agreement and is the minimu!n
payment under this AY-reement, it shall be credited to the Ovmer's account it,, the final invoice.
§ 6.4.2 Unless otherwise agreed, payments Cor services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Aa-chitect's invoice. Amounts unpaid Thirty" ( 30 ) days after
the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate pr:.vailing 6 -on
time to time at the principal place of business of the Architect.
(Insert rale of moWhly or annual inte-est agreed upon.)
One and One Halr Percent % 1.5
§ 6.4.3 The O'vnor shall not withhold amounts from the Architect'; compensation to impose a penalty or liquidated
damages on the architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work
unless the Architect agrees or has been found liable far the amounts in a binding dispute resolution proceeding.
§ 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the
Owner at mutually convenient times.
ARTICLE 7 MISCELLANEOUS PROVISIONS
§ 7.4 This Agreement shall be governed by the taw of the place where the Project is located, except that i i the parties
have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govcrn Section
4,3.
§ 7.2 Terrtrs in this Agreement shall have the same meaning as those in AiA DOCU111C It .A201--2007, General
Conditions of the Contract for Construction.
§ 7.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement- Neither- the O�Nner nor the Architect shall assign this Agreement without the tivrittm
consent of the other, except that the OVner may assign this Agreement to a lender providing financing for the Project
ifth,e iender agrees to assume the Oaaler's rights and obligations under this k-reement.
§ 7.4 rfthe Owner requests the Architect to execute certificates, the proposed language oCsuch certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owvricr requests
the Architect to execute consents reasonably required to facilitate assignment to a 1CM1er, Llic At-chitect shail execute
all such consents that are consistent with this Agreement, provided the propos,:d consent is submitted to the Architect
for review at least 14 days prior to execution. The Architect shall not be requWed to execute certificates or consents
that would require knowledge, services or responsibilities beyond the scope of this Agreement.
§ 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in ravor ora
third party against zither the Owner or Architect.
§ 7.6 L,'nless othervise required in this .Agreement. the Architect shall hay e no responsibility for the discovery.
presenec, handling, removal or disposal of. or exposure of persons to. hazardous materials or toxic substances in any
form at th,° Project site.
§ 7.7 The Architect shall have the right to include photographic or artistic represcntations of the design of the Project
among the Architect's promotional and professional materials. The Architect shall be given reasonable access to t'ne
completed Project to make such representations. However, the :Architect's ntatzrials shall not include the Dvner's
confidential or propt�etary intormation it the Owner has previously advised the Architect in .vriting of the specific
information considered by the Owner to be confidential or proprietary. The 0\vner shall provide profess:cnal credit for
the ,architect in the O,,mcr's promotional materials for the Project.
§ 7.8 It th-- Architecor Owner receiv s information specitically designat,dhythe ot!1.~r party ns "contider.tial" or
"busines, proprietat-;," the receiving party steal! keep such information strictly con;ident:al and shall not disclose it to
AIA Document B102 '' — 2007 tforrnerly 8141 " — 1997 Part 1). c?yr g^: Dc lS"' ' 723 ' 343 t X53 53 ' gib' ' c3 '9 � i?6 9'o, ';'1
irlit. 1987, 199? ;nu 2M7 by ^e Arrencan r.slim? D'Ar�ni'.ects. All rights reserved. ,l.a� €vl -; s �+1 iei•.. i, pFo:a:. )f i.5. �prr;0i.
a;r 3 J 7
. _ a tiiw ad aroouc'eon or ; s: b:..'on of ih,is A4 A Dc ne .. r.y , , . : 1/ Fe =i .! .i ,r : i ti", as
Yen' �_ _:r 'is Jar r'.d;�I . A ,o'ilsv i r
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User Notes �8�23257
any other person except to (1) its employees, (2) those who need to know the content ot-such information in order to
perform services or construction solely and exclusively for the Project, cr (3) its consultants and contractors whose
contracts include similar restrictions on the use of confidential infornlacion.
ARTICLE 8 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
Not applicable.
ARTICLE 9 SCOPE OF THE AGREEMENT
§ 9.1 This kgreerient. represents the entire and integrated ag-reement between the Owner and rhe Architect and
supersedes ali prior negotiations, representations or agrcen-tents, ,zither slritti3 or oral. This :agreement may be
amended only by written instrument signed by both Owner and Architect.
§ 9.2 This Agreement is comprised of the follotisring '.
documents listed below
.1 ALA Docwuent B102--2007, Standard Form .agreement Rctwmn Owner and Architect
.2 AIA Document E201-2007, Digital Data Protocol Exhibit, ifcornplet,,d, or the follotting;
.3 Other documents:
(List other documents, including the .4rchilect's scope of seruces document, he"ehl' incorporated into
the Agreement.)
Certificates of t,labil i tv Insurance
Rate and Reimbursement Schedule
This Agreement entered into as of the day and year first ��,ritten above.
OWNER Z""U)i
ECT
w r+4
(Signature)
Gayle Kaler Nlayor Baccus L.. Oliver Principal, Engineer
(Printed ttame and title) (Printed name acrd title)
AIA Document 8102' _ 2007 (formerly 8141 '" - 1997 Part 1). Cop% -`;l'[ ' "339 3 ' �? '3 ? '35' `33J c1 36 "97`
Init. 381, r 397 and 2107 �)/ Tre 4-er^.3n 'rsti['.ta if arc :acts. All rights reserved. n,, RVI`<, Th 4 A ` ac,r..:nt ; pr ,c'J y ,q �•, 1 8
7, a,t.=s J za r ze.J rraroJErct,on or ."but'cn 3' -his AA 33- . nt, 01 Jr j-.3 W ,,n a :-)?y es.' ,_.. 2 .. ani , , n E
t De1-1 . 3_s. _- i .vi'1 to 3rc.5,.,-,...i =J «�axrm;:ni 'er �oss�o:_ .n9•^rirtC !a.v T�r, d^cur' ,l.v7spro �,,,,at,.;3rB 3t J° 2ti '>
❑nder Order 110 ' 3Q
i 3'-'3o :3_' xnich axpires on C5/1 212C! 3 ar.d s rot fur resale
User Notes '7a;23271C31
W MARCUM
® ENGINEERING, LLC
500 South 17" Street
P.O. Box 120
Paducah, KY 42002-0120
Phone (270) 444-9274; Fax ;270) 443-1904
www,marcumengi reering. ire(
RATE AND REIMBURSEMENT SCHEDULE
PRINCIPAL
PROJECT MANAGER
PROJECT ENGINEER
ENGINEER
CONSTRUCTION ADMINISTRATOR
SENIOR DESIGNER
DESIGNER
SENIOR DRAFTER
DRAFTER
CLERICAL
MILEAGE -Subject to Change Based on IRS Guidelines
PREAPPROVED TRAVEL EXPENSES
(incl. mileage, lodging, and meals)
REPRODUCTION OF PLANS
REPRODUCTION OF SPECIFICATIONS
COURIER SERVICE (UPS, FEDEX, ETC.)
PLAN SETS FOR BUILDING CODE REVIEW
SCANNED DOCUMENTS
$115.00/HR
$105.00i H R
$ 75.00/HR
$ 70.00/HR
$ 75.00/HR
$ 85.00/HR
$ 65.00/HR
$ 50.001HR
$ 40.00/HR
$ 40.00/HR
$ 0.50/MI
01wu:y�t►�a::rra1:�:�.��y:i�.�:�x.�
$ 0.30/FT.2 INHOUSE or PRINTER'S INVOICED
AMOUNT PLUS 15%
$ 0.30/SHEET INHOUSE or PRINTER'S INVOICED
AMOUNT PLUS 15%
INVOICED AMOUNT PLUS 15%
APPLICATION FEE PLUS 15% AND
REPRODUCTION COSTS
$3.50/SHEET
SCHEDULE IS EFFECTIVE BEGINNING JANUARY 1, 2013.
PREAPPROVED OVERTIME IS 1.5 TIMES RATE. SUNDAYS AND HOLIDAYS EXCLUDED.