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HomeMy WebLinkAboutOrdinance Book 18, Page 944, No Resolution NumberA 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, 1975, 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 TIIE 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 2 cCRACKEN 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 heginning.July 1, 1975, after providing for administration, emergencies, and contingencies is approximately One Hundred Twenty Two Thousand Three Hundred Sixteen and No One )Hundredths ----dollars ($122,316.00). 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 arca. 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 agrc�ement may he deducted from future allocations to the incorporated arca. In the event revenues produced pursuant to KRS 177.365 exceed the amuurt set out herein, the excess shall be credited to the incurporated area's account, and any unexpended amount shall be carried forward to the succeeding fiscal year. 945 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. McCRACKEN COUNTY CITY OF PADUCAH PROJECTS DESIGNATED FOR IMPROVEMENT ROAD NAME BEGINNING ENDING LGTH TYPE Clay Street Fourth St., S.W. Ninth Street 0.37 Bit. Resurface Cloverdale Rd, Highland Blvd., E. Farwood 0.24 Bit. Resurface Elmdale Rd. Highland Blvd., E. City Limits 0.20 Bit. Resurface Fifth Street Madison St., N.N. Park Ave. 0.22 Bit. Resurface Fifth Street Jones St., S.E. Caldwell St. 0.15 Bit. Resurface Miller Drive Kennedy Rd., E. Dead End 0.18 Bit. Resurface Monroe St. Nineteenth St., S.W. Twenty First St. 0.13 Bit. Resurface Monroe St. Twenty Eighth St. , S.N. Twenty Ninth St 0.09 Bit Resurface N. Twenty Seventh Monroe St., N.N. Trimble 0.30 Bit. Resurface Old Orchard Rd. Miller S. Meadow Lane 0.15 Bit. Resurface River Oaks Blvd. Pines Road., N.N. Minnich Ave. 0.33 Bit. Resurface Roell Circle Spring St., S.N. Dead End 0.11 Bit. Resurface Seventh St. Madison St., N.N. Clay Street 0.14 Bit. Resurface Seventh St. Rogers St., N.N. Caldwell St. 0.13 Bit. Resurface Sixth St. Madison St., N.N. Park Ave. 0.22 Bit. Resurface Spring St. Thirty Second St., S. River Oaks Blvd. 0.13 Bit. Resurface Tennessee St. Second St., S.N. Third Street 0.08 Bit. Resurface Thirtieth St. Trimble St., S.E. Jefferson St. 0.38 Bit. Resurface Twentieth St. Kentucky Ave., N.W. Broadway 0.06 Bit. Resurface Twenty Fifth St. Kentucky Ave., N.W. Jefferson St. 0.13 Bit. Resurface Twenty Ninth St. Monroe St., S.E. Jefferson St. 0.07 Bit. Resurface Washington St. Nineteenth St., S.N. Twenty First St. 0.13 Bit. Resurface Total Miles 3.94 SPECIAL. PROVISIONS The Legislative Body of Paducah will he responsible for performance of all phases of work required to accomplish the projects herein desitrnnted for IMPROVEMENT. The work will, if required, include but not be limiters to arivertir,ing for bids and inspection. The work and its implementation will be. accomplished in 1;ccurdt;tue with the current Bureau of Highways' policies, standards, and specifications and will be governed by the applicable Kentucky Statutes. In the evert the Legislative Body of Paducah performs any work designated in this contract f,,r IMPROVEME.NT, with its personnel and its equipment or (fie equipment of a private vendor through a lease rental agreement. and expects to be reimbursed for cost of said 946 labor and equipment, concurrence in the unit prices 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 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 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 Special Provisions contained in this contract. 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, 1975, with the understanding the Municipal Aid Funds do not become available until July 1, 1975, and the Bureau of Highways cannot be billed for said work prior to July 1, 1975. EXCEPTION: Prior year funds reflected on the TD 10-1 for F.Y. 1975-76 may be paid prior to July 1, 1975. The City of Paducah will not be reimbursed for any work included in this contract that is performed prior to the signature of the Commissioner of Highways or his designated representa- tive or prior to the concurrence by the District Engineer for the assignment of work. i McCRACKEN COUNTY CITY OF PADUCAH GENERAL PROVISIONS The chief executive officer and legislative bot of incorporated areas or I � Y P i 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 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 reimburse the Bureau of Highways for any loss it may sustain arising out of performance of this contract by the bureau. Such loss as sustained by the Bureau of Highways may be charged to unincor- porated 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, ouch 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 end by such means as it may deem desirable and advisable. 947 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 lIighways 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 legislative body or fiscal court, the Commissioner of Highways or his authorized representative may take over such work and perform some 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 or 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. The Bureau of Highways assumes no responsibility for roads or streets not made a part of this contract and for thonc which are so listed only such responsibility as is detailed in this contract and then .mly irmofar as funds are available. The legislative body or the fiscal court acknowledges its total rer.ponsibility for roads or streets not listed in this contract. The chief executive officer of the ,aid incorporated area, the county judge of the said unineor posted urban place, and the Commissioner of Highways, or their authorized representative , insofar at,, their actions are in accord with the laws of the Cc::rcnc calth of Kentucky, shall act for their respective parties on all matters arising By: its contract. IN TESTIMONY WHEREOF, the parties hereto have executed this cc he day of , 19 •ated Area of Paducah, KeCracken County. 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 the date of its adoption. / \layer P=.6 Commissioner Passed by the Board of Commissioners July 8, 1975 Recorded by Sarah Thurman, City Clerk, July 8, 1975.