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HomeMy Public PortalAboutORD11276 BILL NO. 89-82 SPONSORED BY COUNCILMAN MASON ® ORDINANCE NO. 14r9 2 6 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL CONTRACT TO AN AGREEMENT PREVIOUSLY ENTERED INTO BETWEEN THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, WAL-MART PROPERTIES, INCORPORATED AND THE CITY OF JEFFERSON. WHEREAS, on May 1, 1989, the City did enter into an agreement with Missouri Highway and Transportation Commission, hereinafter called Commission, and Wal-Mart Properties, Incorporated, along with its design consultants, hereinafter called developer, to provide for participation in the division of duties and responsibilities with respect to certain improvements on Missouri Boulevard, Business Route 50 and Stadium Boulevard, St. Mary's Boulevard, including the intersection of said streets; and WHEREAS, it is the desire of the parties to supplement said agreement. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute the contract as set out pertaining to responsibility for purchasing traffic: signal equipment. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. SRection 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed - 9 Approved esid Officer May ATTEST: c City Clerk a (SUPPLEMENTAL) CONTRACT THIS SUPPLEMENTAL AGREEMENT TO THE ORIGINAL CONTRACT OF MAY 1989, 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 purchasing of certain traffic signal equipment at the intersection of Missouri Boulevard, also called Business Route 50, and Stadium Boulevard/St. Mary's Boulevard, hereinafter called the SUPPLEMENTAL PROJECT. NOW THEREFORE, in consideration of these covenants, promises, and representations, the parties agree as follows: ( 1) Basic Supplemental Agreement: (A) The COMMISSION and the CITY shall each be responsible for payment of one half the cost of the purchasing of the traffic signal equipment, including the Controller Assembly, the traffic signal poles with luminaries, signal heads, and detector induction loops, at the intersection of Missouri Boulevard and Stadium/St. Mary' s Boulevard, not to exceed Twenty Thousand Dollars ($20,00.00) . ( 1) The DEVELOPER will contribute the remaining costs of this purchase in excess of Twenty Thousand Dollars ($20,000.00) . (B) The bidding and letting of the traffic signal equipment shall be conducted in accordance with the Missouri Standard Specification, and only those suppliers approved by the COMMISSION shall be eligible to participate. The COMMISSION and the CITY must both approve in writing the AWARDING of the CONTRACT for purchasing the traffic signal equipment, including any change orders after the initial CONTRACT AWARD. All obligations of the original CONTRACT shall remain. This SUPPLEMENTAL AGREEMENT is for the sole purpose of assuring that the traffic signal equipment will not delay the completion date of the PROJECT. (2) IN WITNESS WHEREOF, the parties have entered into this SUPPLEMENTAL AGREEMENT on the last date written below: Executed by Commission this day of , 19�Q. Executed by City this -tt- day of , 1926—. Executed by Developer this 9th day of August , 19 89 MISSOURI HIGHWAY AND CITY OF JEFFERSON, MISSOURI TRANSPORTA N COMMISSION By TI By OF-W 9.01 r Title Assistant Chief Engineer Attest: Attests Q,a¢. SecrepWry City Clerk Approved as to Form: App oved to Form: Co nsel ty o selor DEVELOPER WA T PROPER S, INC. By Title Vic -P esident, Co struct n Attest retary (3)