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HomeMy WebLinkAboutContract with Commonwealth--Streets234 A RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A CONTRACT BETWEEN THE INCORPORATED AREA OF PADUCAH, KENTUCKY, LOCATED IN McCRACKEN COUNTY AND THE BUREAU OF HIGHWAYS , COMMONWEALTH OF KENTUCKY , FOR THE FISCAL YEAR BEGINNING JULY 1, 1979, AS PROVIDED IN THE KENTUCKY REVISED STATUTES AND ACCEPTING ALL STREETS LISTED THEREIN AS BEING STREETS WHICH ARE A PART OF THE INCORPORATED AREA OF PADUCAH BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Legislative Body of the Incorporated Area of Paducah does hereby accept all streets contained in said contract as being city streets which are a part of the Incorporated Area of Paducah, and The Legislative Body of the Incorporated Area of Paducah does hereby ratify and adopt all statements, representations, warranties, covenants and agreements contained in said contract and does hereby accept said contract and by such acceptance agrees to all the terms and conditions therein stated. Said contract reads as follows: SECTION 2. Commonwealth of Kentucky City of Paducah McCracken County In compliance with the laws made and provided, this contract is entered into between the Bureau of Highways , Commonwealth of Kentucky , and the Legislative Body of the Incorporated Area of Paducah, McCracken County, Ketucky. The projected net apportionment to the incorporated area for the fiscal year beginning July 1, 1979, after providing for administration, emergencies, and con- tingencies is approximately One Hundred Fifty Eight Thousand Five Hundred Four and no/ 100 Dollars ($158, 504.00) . This approximate amount will be expended by the Bureau of Highways to aid the incorporated area in the maintenance, reconstruction, or con- struction of certain streets in said incorporated area . In the event revenues produced pursuant to KRS 177.365 are not sufficient to fund the amount set out herein, any deficit caused by expenditures pursuant to this agreement may be deducted from future allocations to the incorporated area. In the event revenues produced pursuant to KRS 177.365 exceed the amount set out herein, the excess shall be credited to the incorporated area's account, and any unexpended amount shall be carried forward to the succeeding fiscal year . The streets on which these funds may be expended by the Bureau of. High- ways and the classification and type of work or services (improvements ---------) to be performed are listed hereafter . 235 McCRACKEN COUNTY CITY OF PADUCAH PROJECTS DESIGNATED FOR IMPROVEMENT ROAD NAMR~ ": -BEGINNING - ~ ENDING - LGTH .- - TYPE Alameda Drive ~ - 'Friedman bane W ~ " 0.08 Mi . ~ 0.08 ` ~` ~ Bit . ~~I . T . Bell Avenue Mayfield Road E Schneidman Rd . 0.04 Bit . Resurf . Bronson Street ' ~ 'Waiter" Jetton B3vd . W Gourd 'Street:" 0.0`4 ~ Bit . Resurf . Bruce Ave . Buckner Lane W , S & E Pecan Drive 0.34 Bit . Resurf . Buckner Lnae ~ i-24 W & S - Henson -Road ` ~ 0.66 'Bit . Resurf . Clark Street Walter Jetton Blvd . W Gould Street 0.04 Bit . Resurf . Colonial Drive U . ~ : 62 N ~ ~ Deer Lick Place 0.27 Bit . Resurf . Deer Lick Place Buckner Lane S Crooked Creek 0.17 Bit . Resurf . Drury Lane Hedge Lane W . ~ ~Sherviwood Road 0..09 Bit . Resurf . Forest Ave . Rustic Ave . N . 42nd Street 0.11 Bit . Resurf . Gould Street Clark Street S Bronson Street 0.08 - Bit . Resurf . Guyline Drive No . Friendship Rd . N Dead End 0.28 Bit . Resurf . Hill Street Shelbourne ° St .. W - Schneidman R:d . 0.24 Bit . Resurf . Jefferson St . 17th Street W Joe Clifton Dr . 0.81 Bit . Resurf . Jones Street 4th Street W 9th 'Street ~ . 37 Bit . Resurf . Kentucky Ave . 28th Street W Dead End 0.16 Bit . Resurf . Madison Street 30th Street W 31st Street 0.07 Bit . Resurf . Markham Ave . Shelbourne St . W . Schneidman Rd . 0.22 Bit . Resurf . Northview Street ~ l Oth Street S ` ~ _ . :. ~ ~ 11th ~ Str~eet• ` O. U7 B'it . Resurf . Oakcrest Drive Springwell Lane N Buckner Lane 0.42 Bit . Resurf . Oakview Circle ~Oakcrest Dr . W ~ _ Dead End. - 0.06: ~ Bit: 1Resxrf . Pine Crest Drive Colonial Drive W Springwell Lane 0.12 Bit . Resurf . Ramona Drive:: 'Friedman Lane ~E : Piedmont -Road 0.28 Bit . Resurf Rustic Ave . Forest Ave . N . Woodland Drive 0.17 Bit . Resurf . Seitz Street Cornell Street W' ~ ~ Miss~ssigp 5t . 0. I'5 ~ -Bit": `'I. T . ° Springwell Lane U . S . 62 N Oakcrest Drive 0.38 Bit . Resurf . Stanley Drive _ L--24 ~ltT- " .': _: _ _F , ~ `....Dead End: - -_ -°0.17 ` Bit. Resurf. Starke Ave . Shelbourne St . W Schneidman Rd . 0.26 Bit . Resurf . Stuart Nelson Pk . Rd . , U " S :<; :60 N Parke ~Entr:ance 0.3'5 ~ ~ Bit . Resurf . Valley View Dr . Bruce Ave . W Deer Lick Pl . 0.11 Bit . Resurf . Walter Jetton-Blvd ..~ JonesStreet S ~ -- ~ - - " :Oaadwell~ Btr" eet-~ ' 0`:15 ~ Bit . Resurf . Washington Street 17th Street W 18th Street 0.07 Bit . Resurf . 4th Street • •- '- ` -- ~ ~ Adams"s Street--S ? . ~ ~ Husbands St. ~ ~ ="0.56 - Bit'. Resurf. 5th Street Clark Street S Jones Street 0.42 Bit. Resurf. 10th Street- ~- ~° - Julia Street W ~ ~ ~ °= Flo~odwall ~ ~ 0:28 _ ~ Bit: Resurf. 37th Street Minnich Ave . W . Dead End 0.13 Bit . Resurf . 42nd Street - Forest: Ave'. W " " ' ~ ` ' ~ Pines :Road "~: • _ 0 12 = •-' "Bit Res`urf', TOTAL MILES - - -~ ~ - 8 ; 34 _. .. •; ~McCRACKEN COUNTY ._ CITY OF PADUCAH ,..:_ ,_~ - S _ SPECIAL PROVISIONS The Legislative Body of Paducah will be responsible for performance of all phases of work required to accomplish the projects herein designated for IMPROVEMENT. The work will , if required , include but 'not be limited to advertising for bids and inspection. The work and its implementation will be accomplished in accordance with the current Bureau of Highways policies , standards , and specifications except as otherwise may be required by the applicable Kentucky Statutes . .. - .. In the event the Legislative Body of Paducah performs any work designated in this contract for IMPROVEMENT , with its personnel and its equipment or the equip- .. . _ - - ~. ..r .. _ ,. __,..: ment of a private vendor through a lease rental agreement, and expects to be reim- bursed for cost of said labor and equipment, concurrence in the unit prices of the labor and equipment , or any combination thereof , must be obtained by the Chief Executive 236 Officer or his authorized representative of the Incorporated Area from the Bureau of Highways District Engineer . "Concurrence .must be obtained by the City of Paducah through the Bureau of Hightnzays District Engineer prior to "the award of any contact on projects herein : -' .designated ' in this agreement for` "IMPROVEMENT that utilizes Municipal Aid Funds . ~. The Bureau .of Highways will reimburse the City of Paducah for the actual cost of all work performed in compliance with the General `and Special Provisions of° _ . this contract insofar" as Municipal Aid Funds are available . The city will be responsible :.: , for all costs in excess. 'of the Nfunieipal'-'Aid Funds . ' =The City of ..Paducah will provide required certification' to "the Bureau of Highways District- Engineer in Paducah before payment 'for any work will be authorized . _ ~~ 'The Bureau .of Highways will `not reimburse the -City of Paducah for `any work: on projects ~ designated. `in this contract if the work is not performed-`in accordance ' with the Bureau of Highways current policies , standards , and -specifications and- in "" accordance"with the "General' and 5peciaT Provisions contained .in this contract. ' - . And further , "-the Bureau bf Highways will not reimburse -the City of - _, Paducah .for any work on projects Ghat are not listed in this°~'confract . '~ "~ ~' ' The Incorporated Area: `of -Paducah may perform:'-or.:cause: to be performed' work in this contract-.p"rior .to Julys 1;•~T979, with the understanding'the Municipal Aid .s':; ~-f" F~unds~ do~not become available until ~uTy 1, 1979, and the Bureati-;of Highways cannot" __ _ _. - .. _;. . ,: ;._. .1.. be, billed -;for said work: prior 'to -July 1;" 1979. EXCEPTIONr `Prior- year funds reflected on the TD 10-1 for FY: 1979-80 may be paid prior to July 1,1979: The City of Paducah will :riot:~ be rembtzr"sed -for any work included in this contract that is performed prior to the signature of the Commissioner of Highways or his designated representative or prior to the concurrence by the District Engineer for the assignment of work. McCRACKEN COUNTY - - CITY OF: RADUCFiH _:. ~ ~ :.': ~ . - .. GENERAL PROVISIONS _, ,. ,. .. .,: The chief executive officer and legislative body of incorporated areas or the county judge and fiscal court of unincorporated urban places stipulate and hereby certify that all roads and streets and bridges listed as projects in this con- , .- tract are a part of the road and street system of the incorporated area or unincorporated urban place and as such are the responsibilities of the legislative body of incor- porated areas or the fiscal court for unincorporated urban places . Their inclusion as projects in this contract does not relieve the governing body of its responsibility. The legislative body or the fiscal court will reimburse the Bureau of Highways for any loss it may sustain arising out of performance of this contract by 237 the bureau. Such loss as sustained by the Bureau of Highways may be charged to unincorporated urban place's or incorporated area's apportionment in this or future fiscal years . Should any balance of the incorporated area's or the unincorporated urban place's apportionment remain after performance of this contract, such balance will remain to the credit of the incorporated areas or the unincorporated urban places for development of future contracts by the Bureau of Highways . McCRACKEN COUNTY - -"~ - _ "CITY" OF PADUCAH - The Bureau of Highways will accomplish the -work involved in the, "per- formance of this contract at such" times and by such means as it may deem desirable and advisable . It is agreed that any materials purchased by the Bureau of Highways and delivered to the incorporated area or unincorporated urban place shall be used by the appropriate governmental agency only on projects listed herein and that all use thereof is subject at all times to inspection and supervision by the bureau. The Bureau of Highways reserves the right to use a portion of the funds to provide bureau personnel and equipment or any other means it may deem necessary to successfully complete the terms of this contract . The general administration and supervision of the program herein designated shall be under the jurisdiction of the Bureau of Highways. It is further understood, agreed and stipulated by the parties hereto that if, at any time, in the judgment of the Commissioner of Highways or his authorized representative, the legislative body or the fiscal court is refusing or failing to properly and- promptly- perform -any work stipulated in the contract to be performed by the said "legislativebody ° or 'fiscal - court-, tYie Commissioner of .Highways or his authorized representative may take "";oversuch: work and perform same by "whatever means he- deems appropriate. - - - - - - - ~ McCRACKEN ~ COUNTY -- CITY OF PADUCAH Should conditions arise which, in the judgment of the Commissioner of Highways, render it burdensome to the general welfare of the Commonwealth to continue any work commenced under terms of this contract, the bureau may suspend or curtail such work. It is understood and agreed that any urban road or city street listed as a project in this contract shall not include structures, single span or multiple span, having a length of more than twenty feet measured on a horizontal plane along the centerline of roadway between the inside faces of abutments or end bents at the bridge seats, the intrados or arches at the abutment springing lines, or the inside faces of the 238 outer sidewalls, unless they are specifically designated as a separate project. It is further agreed between the parties hereto that all obligations incurred under this contract are subject to any law or regulations now existing or hereafter enacted or promulgated. The Bureau of Highways assumes no responsibility for roads or streets not made a part of this contract and for those which are so listed only such responsibility as is detailed in this contract and then only insofar as funds are available. The legislative body or the fiscal court acknowledges its total responsibility for roads or streets not'.listed in this contract. McCRACKEN COUNTY CITY OF PADUCAH The chief executive officer of the said incorporated area, the county judge of the said unincorporated urban place , and the Commissioner of Highways , or their authorized representatives, insofar as their actions are in accord with the laws of the Commonwealth of Kentucky, shall act for their respective parties on all matters arising under this contract . IN TESTIMONY WHEREOF , the parties hereto have executed this contract on this the day of 1979. Incorporated Area of Paducah , McCracken County . By: Chief Executive Offcer BUREAU OF HIGHWAYS r ,... ,.. _, - y. _ _. .. B ' Commissioner of Highways or ' ~ 'Designated Representative ~ ''~ SECTION 3. 'Now therefore b'e it resolved by the Legislative Body of Paducah, McCracken County, that Mayor William ~S . Murphy as Chief Executive Officer, is hereby authorized and directed to sign said contract, 'a's set forth, on behalf of the Legislative Body of Paducah; 'McCracken County and the City Clerk is hereby authorized and directed to certify thereto . SECTION 4. This resolution shall be in full force and effect from and after the date of its adoption . Mayor Passed by the Board of Commissioners June 20, 1979 Recorded by Louise McKinney , City Clerk , June 20 , 1979 .