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,
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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.
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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.
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(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.
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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.
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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
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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
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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.
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(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
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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
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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
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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.
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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
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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
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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
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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