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HomeMy Public PortalAboutORD11217 BILL NO. 89-8 SPONSORED BY COUNCILMAN MASON ® ORDINANCE NO. I l d-l 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY & TRANSPORTATION COMMISSION AND WAL•-MART PROPERTIES, INC. , FOR IMPROVEMENTS TO THE INTERSECTION OF STADIUM AND MISSOURI BOULEVARD. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an agreement with the Missouri Highway and Transportation Commission and Wal-Mart Properties, Inc. , for improvements to the intersection of Stadium and Missouri Boulevard. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed !e=, 11 15- TI Approved esidi Officer or ATTEST: r City Clerk f Job No. 5-X-50-397 CONTRACT THIS AGREEMENT, made and entered into by and between the Missouri Highway and Transportation Commission, hereinafter called COMMISSION, and the City of Jefferson, Missouri, hereinafter called CITY, and Wal-Mart Properties, Inc. , along with its design consultants, hereinafter called DEVELOPER; WITNESSETH: WHEREAS, the parties desire to provide for the design and construction of certain roadway and intersection improvements at the intersection of Missouri Boulevard, also called Business Route 50, and Stadium Boulevard/St. Mary's Boulevard, hereinafter called the PROJECT, as shown on Exhibit A, attached hereto, and- more particularly described as follows: On Missouri Boulevard from Station 104+20 east of the intersection to Station 128+12 west of the intersection, including a new signalized entrance to the new Wal-Mart " Development at Station 125+13 .08; and on Stadium Boulevard from the intersection south to Station 12+98.65; and on St. Mary's Boulevard from the intersection north to Station 3+00. NOW THEREFORE, in consideration of these covenants, promises, and representations, the parties agree as follows: (1) Basic Agreement: (A) The Commission and the City hereby authorize and empower the Developer to design, accept bids and contract for the construction of the Project in accordance with all federal, 1 state and local laws, the final design and final construction plans accepted by the Commission and the City and the other provisions of this Agreement. (B) The Commission and the City shall each be responsible for payment of one half the cost to each of the following improvements: 1. Twelve-foot width, nine-inch reinforced Portland cement concrete pavement and aggregate base for a right turn lane on the south side of Missouri Boulevard at the Stadium Boulevard intersection from Station 111+26 at the radius point, to Station 113+22, including excavation of the existing variable depth shoulder within these station limits. 2. Variable width, from zero to six feet, JWk three-inch bituminous surface, eight-inch non-reinforced concrete base, aggregate base and three-foot wide curb and gutter, on the north side of Missouri Boulevard at the Stadium/St. Mary's intersection from Station 104+20 to Station 109+50 at the radius . point, and from Station 110+60 at the radius point to Station 112+42, including paved approaches thirty feet wide at . approximately Station 104+60 and Station 105+50, and paved approaches forty feet wide at approximately Station 108+38 and Station 111+53, all rebuilt to the R/W line. Also including grading necessary for this work, including any new drainage structures and any adjustments of existing drainage structures necessary to handle the drainage within these limits. 0 2 3. Seven-inch non-reinforced Portland cement concrete and aggregate base on St. Mary's Boulevard from the edge of pavement on Missouri Boulevard to Station 3+00, including three- foot wide curb and gutter to the radius points on St. Mary's at approximately Station 0+64, 2.5-foot wide curb and gutter to Station 3+00, a twenty-five-foot wide paved approach at approximately Station 1+76, including grading necessary for this work, and any new drainage structures and adjustments of any existing drainage structures necessary to handle the drainage within these limits. 4. Three-foot curb and gutter on the south side of Missouri Boulevard, east of Stadium Boulevard from Station 106+90 to Station 109+12 at the radius point, including grading necessary to do this work and to cover the existing drainage ditch, and including any new drainage structures or any adjustments of existing drainage structures necessary within these limits. 5. Signal installation at the intersection of Missouri Boulevard and Stadium/St. Mary's Boulevard including signal posts with luminaires, signal heads, cable, cable conduit, controller, detector induction loops and all the hardware necessary for this isolated signal installation. (C) Developer shall be responsible for all design and engineering necessary on the Project, as well as the cost of all other work on the Project not herein specified as being the responsibility of the Commission and the City. 3 (D) All work performed within the limits of right- of-way owned by the Commission, on Stadium Boulevard to Station 2+60, and on St. Mary's Boulevard to Station 3+00, shall be performed in accordance with the Missouri Standard Specifications for Highway Construction. All other work shall be in accordance with the applicable specifications of the City. (E) The bidding and letting of the Project shall be conducted in accordance with said Missouri Standard Specifications, and only those contractors approved by the Commission shall be eligible to participate. The Missouri Prevailing Wage Law and Domestic Procurement Act shall apply to this Project, as well as the regulations pertaining to disadvantaged business enterprises, unless a waiver thereof is obtained. (F) The parties understand and agree that this Project and the procedures outlined herein shall be subject to approval of the Federal Highway Administration, and shall take such action as may be necessary to fulfill any requirements of FHWA. (2) Responsibilities of Developer: Upon execution of this Agreement the Developer will proceed to perform the following services in connection with the Project: (A) Meet with Commission and City and other affected organizations and persons as required to define the Project. Meet with these parties at such times as may be required, and as may be desired by the Commission and City. (B) Gather available information about the Project. 4 Y (C) Make all necessary surveys required to obtain field data for design. These surveys will be made only as necessary to supplement information supplied by the Commission and the City. (D) Plot field survey information on mylar plan, profile and cross-section sheets of suitable scale. (E) Locate existing utilities, according to utility records (as can be determined without digging) , and plot on the plan sheets. Meet and consult with utility owners and consider protection or relocation of their facilities, as well as provisions for future needs of the utilities. (F) Prepare pencil layouts of proposed construction, with alternatives where applicable, on the plan, profile, cross- section and typical-section sheets. Show approximate right-of-way takings and easement requirements, if any. (G) Review the pencil layouts with the Commission, the City, and other interested parties, as may be desired by the Commission and City. (H) Upon reaching agreement between concerned parties on the preliminary design, prepare construction plans,'' specifications and cost estimates for the Project. Plans and specifications will be prepared by the Developer for a public letting. (1) Furnish right-of-way necessary on the Developer's new development site to complete the improvements. 5 Ah (3) The Commission's and the City's Responsibilities; IV The Commission and the City will: (A) Provide full information as to their requirements for the Project. (B) Make available to the Developer all existing records, maps, plans and other data possessed by the Commission and by the City when such are necessary, advisable or helpful to the Developer in the prosecution of its work under this Agreement. The Commission and the City make no representations or warranties regarding site conditions, surface or sub-surface, and Developer shall be responsible for investigating same. (C) Furnish all necessary ownership data and right- of-way information other than the Developer's site. Adak (D) Promptly review preliminary plans and submittals made by the Developer so as not to impede the progress of the work. (E) Furnish, or direct the Developer to provide, necessary additional services as otherwise stipulated in this Agreement or other services as required. (F) Bear all costs incident to compliance with the requirements of this Section (3) . (4) Method of Payment: Developer shall keep and maintain IM. records on the Project in such manner that the costs and quantities allocable to the City and the Commission shall be specifically ascertainable. Payment of the full amount of such costs by the Commission to the Developer shall be due thirty days after the 6 completion and final acceptance of the Project. The City shall thereafter reimburse the Commission for 50% of said amount, not to exceed $150,000.00. (5) Subletting. Assignment or Transfer: The Developer shall not sublet, assign or transfer any interest in the work covered by this Agreement except as provided for herein and only with the prior consent of the Commission and City. The use of subcontractors shall in no way relieve the Developer from its primary responsibility for the performance of the work. (6) Inspection. Conference and Approval: Representatives of the Commission and/or the City will inspect and review the work being done by the Developer and advise with its representatives at any time. Conferences are to be held at the request of any of the above named parties or agencies. (A) The City will inspect and approve all work on Stadium Boulevard between Stations 0+40 and 12+98. 65. (B) The Commission will inspect and approve all other work performed pursuant to this contract. (7) Bid Acceptance and Contract Terms: The Commission and the City must both approve in writing the 'awarding of any contract for work on the project, including any change orders after the initial contract award. The contract awarded for work on Stadium between Stations 0+40 and 12+98.65 shall include a 7 provision providing for a 45 calendar day time limit for construction including a penalty for damages of $500.00/day which shall accrue to the City. Any contract awarded for work pursuant to this agreement shall require that the contractor provide sufficient bonds to ensure performance and lien waivers from subcontractors, material suppliers and the general contractor. (8) Scheduling: Both the Commission and the City reserve the right to require the scheduling of construction. Any closing of roadways necessary shall be approved by the City. (9) Construction Staking: Developer shall secure and be responsible for construction staking for the work to be performed on Stadium Boulevard between Stations 0+40 and 12+98.65. Commission shall secure and be responsible for all other construction staking. (10) Responsibility for Claims and Liability: The Developer shall indemnify and hold the Commission and City harmless from any and all claims, demands, causes of action or other' liability arising from the negligent acts or omissions of Developer, its agents, employees, contractors or subcontractors, in the execution of the work; and from any contractor claims arising from the performance of the work. 8 (11) Compliance with Law and Nondiscrimination Assurance: With regard to work under this Agreement, Developer agrees as follows: (A) Civil Rights Statutes: The Developer shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as� amended (42 USC 2000 d,e) . (B) Executive Order: The Developer shall comply with the provisions of the executive order No. 87-6 executed by the Governor of Missouri, on the 31st day of August, 1987, promulgating a code of fair practices in regard to nondiscrimination, which is incorporated herein by reference and made a part of this contract. This order prohibits discriminatory employment practices by Developer or its subcontractors based on race, color, religion, - creed, national origin, ancestry, sex, or veteran or handicapped status. (C) Nondiscrimination: The Developer shall not discriminate on grounds of the race, color, religion, creed, sex, national origin, or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Developer shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5 including employment practices. (D) Solicitations for Subcontractors and Suppliers: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of Developer. In all solicitations 9 either by competitive bidding or negotiation made by the Developer for work to be performed under a subcontract including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the Developer of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, national origin or ancestry of any individual. (E) Compliance with Law: The Developer shall comply with all other Federal, State and local laws, ordinances and regulations applicable to the work; and shall secure all licenses, permits, etc. from public and private sources necessary for the fulfillment of its obligations under this Agreement. (12) Commission and Fees: The Developer warrants that- it has not employed or retained any company or person, other than a bona fide employee working solely for the Developer, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Developer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission and/or the City shall have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of ® 10 such . fee, commission, percentage,` brokerage fee, gifts, or contingent fee. (13) Access to Records: The Developer, its contractors and subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this Agreement, and- shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under this Agreement, and copies thereof shall be furnished, upon request. (14) Ownership of Documents: Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the Commission and the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the Commission and/or the City upon request. All such information produced under this contract shall be available for use by the Commission and/or the City without restriction or limitation on its use. (15) Right to Use Right-of-Way: Commission and City grant the right to use the right-of-way of public roads, streets, and alleys within the limits of the project as necessary for construction and maintenance of said public improvement. City • 11 shall be advised thereof in time to make provision for advising the public of the diversion and rerouting of traffic necessitated thereby. It shall be the sole responsibility of the Developer or its Contractor to make arrangements for the placing of all traffic control devices during construction made necessary by the construction. (16) Copies of Plans To Be Filed: Upon approval of all agreements, plans and specifications by Commission, City and the Federal Highway Administration, Developer will file copies of said plans in the offices of the City Clerk of City, the County Clerk of Cole County, and the Commission, and proceed to acquire at its expense, and at no cost or expense to Commission or City on this account, any necessary right-of-way required for the construction" of the Project. (17) Operation and Maintenance of Signals: The operation and maintenance of all necessary traffic signals, signs, and devices on Missouri Boulevard, including those between said roadway and intersecting streets shall be under the exclusive jurisdiction and at the cost of Commission. City shall not install, operate, or maintain any traffic signals, signs or devices on said roadway or on intersecting streets and highways at any point where they intersect this highway without approval of Commission. M 12 Alk (18) R.S.C. and I.C.C. Permits: Commission shall secure any necessary approvals or permits from the Interstate Commerce Commission or the Public Service Commission of Missouri required to permit the construction and maintenance of said Project. (19) Design for Local Traffic: It is the intent of this agreement that Developer shall provide without cost to City or Commission, except as otherwise provided herein, a highway for traffic in City which is recognized as a municipal corporation, and Developer shall so design and construct said highway as to enable it to serve operating necessities and requirements of local and through traffic. (20) Maintenance of Improvements: Upon completion of the public improvement, the Commission will maintain all portions of the improvement within the normal right-of-way. Maintenance by Commission shall not in any case include maintenance or repair of sidewalks whether new or used in place, water supply lines, sanitary or storm sewers (except those storm sewers constructed by Commission to drain the highway) , city-owned utilities within the-, right-of-way or the removal of snow other than the machine or chemical removal from the traveled portion of the highway. (21) prainage Facilities: Developer will design and construct drainage facilities as approved by the Commission along the improved project and may use any existing storm and surface ® 13 water drainage facilities now in existence in the area, and City agrees to accept and dispose of such surface water. The Developer, City and Commission shall cooperate during the design phase to minimize any adverse impact to the City caused by the acceptance and disposal of such surface water. (22) Police Powers: It is the intent of the parties hereto that City shall retain its police powers with respect to the regulation of traffic upon the improvement contemplated herein. However, City will enact, keep in force, and enforce only such ordinances relating to traffic movement and parking restrictions upon the improvement as may be approved by Commission and as are not in conflict with Federal Aid regulations with the exception of Stadium Boulevard and St. Mary's Boulevard outside the limits of construction wholly or partially funded by the Commission. Commission shall not arbitrarily withhold approval of reasonable traffic regulations, signs, and markings which will permit the movement of traffic in accordance with accepted traffic regulation practices. No Commission approval shall be required for regulation and enforcement of traffic movement and parking or the exercise of- police powers with respect to the portions of the improvement on Stadium Boulevard and St. Mary's Boulevard funded wholly or partially by the City or funded by the Developer.' (23) Billboards: No billboards or other advertising signs or devices or vending or sale of merchandise will be ® 14 permitted Within the right-of-way limits of the project as improved and City will enact much ordinances as are necessary to enforce this paragraph. (24) Perkins Limited: Since the improvement contemplated herein is being designed and constructed to accommodate a maximum amount of traffic with a minimum amount of right-of-way, City shall enact and enforce such ordinances as are necessary to prevent parking upon said Project or any part of the area of the Project right-of-way within the limits of the improvement with the exception of Stadium Boulevard and St. Mary's Boulevard. (26) In the event that City fails, neglects, or refuses to enact, keep in force or enforce ordinances herein specified or enacts ordinances contrary to the provisions hereof, or in any other manner fails, neglects or refuses to perform any of the obligations assumed by it under this agreement, Commission may, after serving written request upon City for compliance and City's failure, to comply, withhold the expenditure of further funds for. maintenance, improvement, construction, or reconstruction of the- state highway system in said City. (27) This agreement is entered into ' subject to the approval of the Federal Highway Administration, and is further subject to the availability of federal and state funds for this construction. IN WITNESS WHEREOF, the parties have entered into this Agreement on the last date written below: Executed by Commission this day of 4'22 , 19001 . ixecuted by City this day of , Executed by Developer this 9-th day of r"a,4 � MISSOURI HIGHWAY AND CITY OF JEFFERSON, MISSOURI TRANSPORTAT ON COMMISSION By B May Title Assistant Chief Engineer Attest: Attest: J11 ..dGi Secretary City Clerk Approved as to Form: Approved a Form: Counsel City ounselor DEVELOPER WAL-MART PROPERTIES, INC. By GA �/ �•�" Title Vl'c� I�uo�c/erJ 1� Attest: Secretary 16 CC U T U Z CD cc oQ �� Qr_ in cc Lij ^per + --) m W N VO(nn O 000 O O U O Z (r L CC + O W� c\j Q 000 m-) Q A p IU m oC W QQ Q �. Q� Q(Y x a a) W F-- 50 Q U UB ��• � RY'S BLVp• COVET y Q MIS OURI BLVD.Cc (50 B•R.) o cc > w Zw PROPOSED i m r-i WAL-MART oU'C N w Aft A TA• 12+ 98. Co5 STADIUM < PROJEC-► LIMIT U) l O 1200' E4001 W EDGE WOOD .� EXHIBIT A IP Contract Between MISSOURI HIGHWAY & TRANSPORTATION COMMISSION -and- CITY OF JEFFERSON, MISSOURI -and- WAL-MART PROPERTIES , INC. Job No. 5-X-5OBR-397 Cole County