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HomeMy WebLinkAboutOrdinance Book 18, Page 596, No Resolution Number5961 RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A CONTRACT BETWEEN THE INCORPORATED AREA OF PADUCAH LOCATED IN McCRACKEN COUNTY AND THE BUREAU OF HIGHWAYS, COMMONWEALTH OF KENTUCKY, FOR THE FISCAL YEAR BEGINNING JULY 1, 1974 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 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, Kentucky. The projected net apportionment to the incorporated area for the fiscal year beginning July 1, 1974, after providing for administration, emergencies, and contingencies is approximately One hundred Twenty Four Thousand Six Hundred Eighty Seven and No One Hundredths - - - - - - -dollars ($124,687.00). This approximate amount will be expended by the Bureau of Highways to aid the incorporated area in the maintenance, reconstruction, or construction 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 Highways and the classification and type of work or services (improvement - - - - - - - - - - - - - -) to be performed are listed hereafter. 597 McCRACKEN COUNTY CITY OF PADUCAH PROJECTS DESIGNATED FOR IMPROVEMENT ROAD NAME BEGINNING ENDING LGTH TYPE "B" Street Wheeler St. S Twenty First St 0.07 Bit. Resurf. Beechdale St Highland Blvd. E Farwood Dr. 0.27 Bit. Resurf. Boyd St Eighth St. S Ninth St. 0.08 Bit. Resurf. Broad St. Sixth St. N Elizabeth St 0.34 Bit. Resurf. Buckner Ln. County Club Ln SW Pines Rd. 0.81 Bit. Resurf. Caldwell Ave. Fourth St. SW Sixth St. 0.14 Bit. Resurf. Campbell St. Eighth St. SW Park Ave. 0.06 Bit. Resurf. Clay St. Twenty Fifth St. SW Twenty Eighth St 0.25 Bit, Resurf. Dundale St. Highland Blvd. E Farwood Dr. 0.20 Bit. Resurf. Fourteenth St. Broadway St. NIV Park Ave. 0.42 Bit. Resurf. Goodman Dr. Lone Oak Rd S.E.C.L. 0.18 Bit. Resurf. U. S. 45 E Harahan Blvd. Jefferson St. NW Park Ave. 0.38 Bit. Resurf. LaClede Ave. Twenty Fifth St. SW Twenty Seventh 0.12 Bit. Resurf. LnClede Ave. Twenty Eighth SSV Twenty Ninth St. 0.09 Bit. Resurf. Lorine Ln. Thirty Second SE Rucker St. 0.17 Bit. Resurf. Madison St. Thirty Second SW Thirty Fourth St 0.13 Bit. Resurf. Madison St. Second St. SW Fifth St 0.23 Bit. Resurf. Minnich Ave. Thirty Second SW New Surface 0.15 Bit. Resurf. Monroe St. Thirty Second SW Thirty Fourth St. 0.12 Bit. Resurf. Park Ave. Clay St. SSV Fifth St. 0.23 Bit. Resurf. Second St. Harrison St. W Clay St. 0.06 Bit. Resurf. Seventh St. Jackson St. SE Ohio St. 0.64 Bit. Resurf. Sunset Ave. Minerva St. SW Audobon St 0.10 Bit, Resurf. Twenty Eighth St. Mississippi St.SV Boone Ln. 0.11 Bit. Resurf. Twenty First St Monroe St. BE Ohio St. 0.58 Bit. Resurf. Twenty Ninth St. Trimble St. NW LaClede Ave. 0.07 Bit. Resurf. Washington St. Eighth St. SW Tenth St. 0.14 Bit. Resurf. Total Miles 6.14 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. 598 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 accor- dance with the current Bureau of Highways' 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 reimbursed 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 Execu- tive 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 Highways' District Engineer prior to the award of any contract 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 Municipal Aid Funds. The City of Paducah will provide required certification to the Burear 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 Special Provisions contained in this conract. And further, the Bureau 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, 1974, with the understanding the Municipai Aid Funds do not become available until July 1, 1974, and the Bureau of Highways cannot be billed for said work prior to July 1, 1974. EXCEPTION: Prior year funds reflected on the HD 10-1 for F.Y. 1974-75 may be paid prior to July 1, 1974. McCRACKEN COUNTY CITY OF PADUCAH 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 contract are a part of the road abd 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 of 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 Bureau of Highways for any loss it may sustain arising out of performance of this contract by the bureau. 599 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. The Bureau 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 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. Itis 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 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 of arches at the abutment springing lines, or the inside faces 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. 600 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. 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 , 19_ Incorporated Area of Paducah, McCracken County By: Chief Executive Officer Bureau of Highways By Commissioner of Highways or Designated Representative SECTION 3. That Alice H. McNutt, Mayor of the City of Paducah, Kentucky, is hereby authorized and directed to sign said contract as set forth, on behalf of the Legislative Body of Paducah, McCracken County, Kentucky, 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 its adoption. C Mayor Passed by the Board of Commissioners June 4, 1974 Recorded by Sarah Thurman, City Clerk, June 4, 1974.