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HomeMy WebLinkAboutOrdinance Book 18, Page 162, No Resolution Number162 V RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A CONTRACT BETWEEN THE INCORPORATED AREA OF PADUCAH, LOCATED IN McCRACKEN COUNTY AND THE DEPART- MENT OF HIGHWAYS, COMMONWEALTH OF KENTUCKY, FOR THE FISCAL YEAR BEGINNING JULY 1, 1973 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 LEGISLATIVE BODY OF THE INCORPORATED AREA OF PADUCAH THAT: 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 :Wade and provided, this contract is entered into between the Department of Highways, Commonwealth of Kentucky, and the Legislative Body of the Incorporated Area of Paducah, McCracken County, Kentucky. The net apportionment to the incorporated area for the fiscal year beginning July 1, 1973, after providing for administration, emergencies and contingen- cies is One Hundred Forty Three Thousand Eighty One and Twelve One Hundredths dollars ($143,081.12). This amount will be expended by the Kentucky Departmen of Highways to aid the incorporated area in the maintenance, reconstruction or construction of certain streets in said incorporated area. The streets on which these funds may be expended by the Department of Highways and thn classification and type of work of services (Improvement--) to be performed are listed hereafter. McCRACKEN COUNTY CITY OF PADUCAH PROJECTS DESIGNATED FOR IMPROVEMENT 163 ROAD NAME BEGINNING ENDING LGTH TYPE Board Street Beltline Highway NE 400 ft. NE of 0.28 Grade, Drain, Cross Creek HTS, curb, Gutter, and Concrete Sidewalk Brown Avenue Broad Street W Beltline Highway 0.31 Grade, Drain, HTS, Curb, Gutter, and Concrete Sidewalk Vasseur Avenue Beltline Highway N 250 Ft. N of 0.15 Grade, Drain, Cross Creek HTS, Curb, Gutter, and Concrete Sidewalk TOTAL MILES 0.74 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 adver- tising for bids and inspection. The work and its implementation will be accom- plished in accordance with the current Highway Department's policies, standards, and specifications and will be governed 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 equipment of a private vendor through a lease rental agreement, and expects to be reinbursed for cost of said labor and equipment, concurrence in the unit price of the labor and equipment, or any combination thereof, must be obtained by the Chief Executive Officer or his authorized representative of the Incorporated Area from the Department of Highways' District Engineer. Concurrence must be obtained by the City of Paducah through the Department's District Engineer prior to the award of any contract on projects herein desig- nated in this agreement for IMPROVEMENT that utilizes Municipal Aid Funds. The Department 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 Municipal Aid Funds. The City of Paducah will provide required certification to the Department of Highways' District Engineer in Paducah before payment for any work will be authorized. The Department 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 accor- dance with the Department of Highways' current policies, standards, and speci- fications and in accordance with the General and Special Provisions contained in this contract. And further, the Department of Highways will not reimburse the City of Paducah for any work on projects that are not listed in this contract. The Incorporated Area of Paducah may perform or cause to be performed work in this contract prior to July 1, 1973, with the understanding the Municipal Aid Funds do not become available until July 1, 1973, and the Department cannot be billed for said work prior to July 1, 1973. MCCRACKEN COUNTY CITY OF PADUCAH GENERAL PROVISIONS The chief executive office and legislative body of incorporated areas or the county judge and fiscal court of unincorporated urban 164 places stipulate and hereby certify that all roads and streets and bridges listed as projects in this contract are a part oa the road and street system of the incorporated area or unincorporated urban place and as such are the responsibilities of the legislative body of incorporated 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 acquire and assume all costs of acquiring rights of way contemplated under this contract. The legislative body or the fiscal court also assumes responsibility for any claims for damages arising from such acquisition. The legislative body or the fiscal court will reimburse the Department of Highways for any loss it may sustain arising out of performance of this contract by the department. Such loss as sustained by the Department 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 Department of Highways. The Department of Highways will accomplish the work involved in the performance 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 Department 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 department. I The Department of Highways reserves the right to use a portion i of the funds to provide departmental personnel and equipment or any I other means it may deem necessary to successfully complete the terms I of this contract. i The general administration and supervision of the program herein designated shall be under the jurisdiction of the Department 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 legislative body or fiscal court, the Commissioner of Highways or his authorized representative may take over such work and perform same by whatever means he deems appropriate. Should conditions arise which, in the judgment of the Commissioner of Highways, render it burdensome to the general welfare of the Common- wealth to continue any work commenced under terms of this contract, the department may syspend 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 rhe fridge seats, the intrados of arches at the abutment springing lines, or the inside Vaces of the 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 Department 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. The chief executive officer of the said incorporated area, the county judge of 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 19 Incorporated Area of Paducah, McCracken County By: Chief Executive Officer Bureau of Highways By commissioner or nignways or Designated Representative Now therefore be it resolved by the Legislative Body of Paducah, McCracken County that the Chief Executive Officer is hereby authorized and directed to sign said contract, as set forth, on behalf of the Legislative Body of Paducah, McCracken County and Clerk of Paducah is hereby authorized and directed to certify thereto. The vote taken on said Resolution, the result being as follows: AYES NAYS Commissioner Hornsby None Commissioner Puryear Mayor Alice H. McNutt Commissioners Harvey and Lambert were absent COMMONWEALTH OF KENTUCKY CITY OF PADUCAH McCRACKEN COUNTY I, Sarah Thurman, Clerk of the City Of Paducah certify that the foregoing is a true copy of the Order above which is of record in my office in Ordinance Book 18, Page 162. Given under my hand and seal of office this the 11th day of April, 1973. SIGNED (Sarah Thurman) CLERK OF Paducah Mayor Passed by the Board of Commissioners April 10, 1973 Recorded by Sarah Thurman, City Clerk, April 10, 1973.