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Commission approves additional professional service payments to Palmer Engineering for multi-block streetscape projects
Summary
The commission approved three contract amendments increasing Palmer Engineerings fees across multiple streetscape projects and noted ongoing litigation tied to some contract modifications.
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The Ashland Board of City Commissioners on May 22 granted first reading approval for three amendments to Palmer Engineerings professional services agreements, adding $50,000, $30,000 and $50,000 to separate contract totals for streetscape work on Thirteenth to Eighteenth Street, Seventh to Thirteenth Street, and other segments. The actions will raise the respective contract totals to $210,000, $190,000 and $155,000 as presented.
Legal context and board remarks: City staff and the city attorney reviewed contract documents and communications from Palmer Engineering. City Attorney Wheeler told the board, after an objective review and given "ongoing litigation and potentially additional litigation," his recommendation was to approve the pay requests and seek reimbursement from the Commonwealth Transportation Cabinet (COVA was referenced in the discussion), a recommendation he said engineering and finance likely share.
Why it matters: The three amendments affect the citys capital streetscape projects and increase the scope and cost of construction inspection and administration services. Commissioners pressed staff on contract verbiage and prior correspondence; one commissioner said a letter from Palmer Engineering predating the contract indicated the work would be billed on an hourly, not-to-exceed basis but that wording "apparently did not get in any of the contracts." The board agreed that moving the items forward for first reading was appropriate while they seek closure ahead of fiscal-year end.
Board action and next steps: Each amendment was moved, seconded and approved on first reading. Staff indicated the local match percentages for the projects (item I and K described as 20% local match; item J described verbally in the record as having a different percentage). The board directed staff to continue working with engineering, finance and legal to close the outstanding contract issues and to request appropriate reimbursements.
Background: The three items were tabled from the May 13 regular meeting and were brought back for first reading. The contracts are for construction inspection and construction administration for multi-block roadway and streetscape improvements under the Department of Engineering.

