HomeMy Public PortalAboutORD11923 lilt
BILL NO. 93-37
SPONSORED BY COUNCILMAN BYRD
:L ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT AID AGREEMENT
ON BEHALF OF THE CITY WITH THE MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION TO FUND AIRPORT IMPROVEMENT
PROGRAM PROJECTS AT THE JEFFERSON CITY MEMORIAL AIRPORT.
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sf 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 an airport aid agreement with the Missouri Highway and Transportation
Commission for a grant to fund airport improvement program projects (Project No.
AIR 922-40B) at the Jefferson City Memorial Airport.
Section 2. The agreement provides for the granting of financial assistance in
the sum of $14,689.00 in State of Missouri matching funds to assist with the
following described projects:
Update Master Plan
{ Repair, Seal and Mark Runway 12/30
Repair, Overlay and Mark Taxiway
Section 2. The agreement shall be substantially the same in form and content
as that agreement attached hereto as Exhibit A.
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Section 3. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
Passed: Approved:
Presiding cer Mayor
....ATTEST:'
City Clerk
WAYNE MURV
irligi nwas V Chlof Englh
-Zo LO U I I all
M065102(314) 751145511 FAX(314)751,65;55;
CApItal AvE. AT WfEnSON St., P.O. Box 270,hiff ISON CITY,
May 24, 1993
PU
(V RAY
Mr& Martin Brose, P.E.
Director of Transportation eceiv
dJeffe co
City of Jefferson DAI
320 E. McCarty Street
Jefferson City, Missouri 65101 Ell L L 0
Dear Mr. Brose:
RE: Airport Aid Agreement
Project No. AIR 922-40B
we are proceeding with administering a grant to help finance
a federally funded state block grant project to do the
following: update master plan; repair, seal and mark runway
12/30, and repair, overlay and mark taxiway. The grant
amount is based on the following:
Master Plan $ 50FQ00-00
Construction Contract 199,704.41
ection 43,090-00
Engineering and Insp
Administration 1,000.00
TOTAL $ 293,794.41
STATE SHARE (5%) $ 14, 689.00
Enclosed are three copies of the Airport Aid Agreement and a
recommended ordinance. We request that the city complete
a d execute these documents and return all copies to us for
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department action. Please enter the amount of local
matching funds in the space provided on the first page and
affix seal on signature page of the agreements. Upon
execution by the departmentla fully executed copy of the
agreement will be sent to the city.
Requests for payment of the state's share should accompany
requests for the federal share.
VVIV Mlss[ON IS To PROVWE A 9VA111y TRANSPORTATIoN s)smm rhAr RESPONds To Mlssovizlmys'dEmANdS ANdmlwyus ThE STAMIS qi?OwTk ANd paospERIFY.0
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Mr. Martin prose, P.E.
May 24, 1993
Page 2
If you have any questions, please call our office
at (314) 751-7478 or 751-2589.
Sincerely,
Gerald
Shipman ,
Assistant .administrator of Aviation
ss
Copies: District 5
Mayor Louise Gardner
John Drainer
�1�1�l110lI�A141 __
h Highway WAYNE MURK
t is o ri Chief Enginoer
} . Transportation Department
., CAM"Ave.ArleffeMON St., P.O.Box 270,hffeesoN Clry, MO 65102(514) 751-2551 Fix(314)751,6555
July 26, 1993
Mr. Martin A. Brose
{ Director of Public Works
320 E. McCarty Street
Jefferson City, Missouri 65101
Dear Mr. Brose:
,.4fr
RE: Airport Capital Improvement
Project No. AIR 922-40B
We are processing a partial payment of $14, 869 which is the
state' s 5 percent share of costs incurred on the federally
funded state block grant projects at the Jefferson City
Memorial Airport . Payment processing usually takes 10-15
working days .
When you receive the check, please complete the enclosed
receipt form and return it to this office using the enclosed
self-addressed envelope .
A fully executed copy of the agreement is enclosed for your
files. If you have any questions, please give me a call .
Sincerely,
51f .
Gerald W. Shipman
Assistant Administrator of Aviation
Pr
Attachment
Copy: John ,Drainer
Airport Supervisor
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*Qm MISSION k w pR"E A Qmy'Y TRANSpmrAlloN SYSm m ibal Ropavds io MiswURJANS'dEM.4Mk Alvd ENti4NCES rkE SFAfE'S gROWh AMd pRMPERII:•
,
a AVIATION 371 1 GWS
REV 4/92
}: Project. No. TR 922-40D
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¢ . MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
AIRPORT AID AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highway and
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� v Transportation commission (hereinafter, Commission) and City of
Jefferson, (hereinafter, Sponsor).
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+.$ Sponsor has applied to Commission for a grant of funds under section
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305.230 RSMop and
Commission has agreed to award funds available under section 305.230
RSMo to Sponsor with the understanding that such funds will be used for a
project pursuant to this agreement for the purposes generally described in
r; Sponsor's grant application dated December 13, 1989 , and specifically
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described as followsi
Update Master Plan; repair, seal and mark runway 12/30, and repair,
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overlay and mark taxiway.
NOW, THEREFORE, in consideration of these mutual covenants, promises,
and representations, the parties agree as follows:
(1) gyROSE: The purpose of this agreement is to provide financial
assistance to Sponsor under section 305.230 RSMo.
qq-
(2) AMOUNT OF GRANT: The amount of this grant is $ 14,689 p
provided, however, that in the event state funds available to Commission under
section 305.230 RSMo are reduced so that Commission is incapable of completely
satisfying its obligations to all sponsors for the current state fiscal year, ,.,
Commission may recompute and reduce this grant.
(3) AMOUNT OF MATCHING FUNDS: The amount of local matching funds,
and/or other resources, to be furnished by Sponsor is $ 14,689 _ Sponsor
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warrants to Commission that it has oufficient cash on deposit, or other
readily available resources, to provide the local matching funds to complete
L : the project.
4 (4) PROJECT TXM,PERR1 AY: The project period shall be from date of
execution by the Commission to June 30, 1994 For good cause shown by
Sponsor, Commission'a representative may, in writing,, extend the project time
period.' The grant funds in paragraph (2) not expended or duly obligated
during the project time period shall be released for use in other projects
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under section 305.230.
(5) DISPUTES: Any disputes of facts which might develop as a result of i
xz this agreement shall be decided by the Commission.
(G) INDEWIFICATION: Sponsor shall be responsible for injury or
damages as a result of any services and/or goods rendered under the terms and
conditions of the agreement. . In addition to the liability imposed upon the
Sponsor on the account of personal injury, bodily injury; including death or
property damage suffered as a result of the Sponsor's performance under the
agreement, Sponsor assumes the obligation to save Commission, including its
agents, employees and assigns, harmless and to indemnify Commission, including
its agents, employees and assigns from every expense, liability or payment
arising out of such negligent act, including legal fees. Sponsor also agrees
to hold Commission, including its agents, employees and assigns, harmless from
r any negligent act or omission committed by any subcontractor other than tIhe
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person employed by or under the supervision of the Sponsor for the terms of
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the agreement.
(7) LAW OF MISSOURI TO GOVERN: The agreement shall be construed
according to the laws of the state of Missouri. Sponsor shall comply with all
<' local, state and federal laws and regulations relating to the performance of
the agreement.
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(8) �}'**^^ *ONBTSC IMINA's'ION CLAUi3Es Sponsor shall comply with the
provisions of Executive Order No. 87-6. This order prohibits discriminatory
employment practices by Sponsor or their subcontractors based on race, color,
religion, creed, national origin, ancestry, sex or veteran or handicap status.
(9) BIGHT or CQHHTSSION To TERMINAmsr AGREEHZHT: Upon written notice to
Sponsor, commission reserves the right to suspend or terminate all or part of
the grant when sponsor is, or has been, in violation of the terms of this
agreement. Termination of any part of the grant will not invalidate
obligations properly incurred by the Sponsor prior to the date of termination.
Sponsor's remittance to Commission of funds previously provided shall not
constitute a waiver of any claim which Commission may otherwise have arising
out of the agreement.
(10) LL K O pROGRESSs Any lack of progress which significantly
endangers substantial performance of the project within the specified time
i shall be deemed a violation of the terms of this agreement. The determination
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of lack of progress shall be solely within the discretion of Commission. Once
such determination is made, commission shall so notify Sponsor in writing.
(11) NoTipicATION OF CHAN¢MF,t Sponsor shall immediately notify the
commission of any change in conditions or law which may significantly affect
Its ability to perform the project in accordance with the provisions of this
agreement.
(12) pgojEcT INIRECTIO AND GE QEDERSt Sponsor shall provide and
,A maintain competent and adequate engineering supervision and inspection at the
project site to insure that the completed work conforms with the project plans
and specifications. Sponsor shall submit to commission, for prior approval,
changes that alter the costs of the project, functional layout, or other
characteristics of the plans and specifications.
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(13) RESPORgrBiLITY FOR pgOjZCT SAETY: During the full term of the
Project, Sponsor shall be responsible for the installation of any signs,
markers, or other devices required for the safety of the public. All markers
or devices required on the airport will conform to any Federal Aviation
Administration (FAA) regulations or specifications that may apply. it is also
a responsibility of Sponsor to issue, through the applicable FAA Flight
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Service Station, any and all Notices to Airmen (NOTAM's) that may be required. �4
(14) 99NTROL p,? AIRPORT: Sponsor agrees to continue to control the
airport either as owner or as lessee for 20 years following receipt of last
s payment from this grant. (Applicable agreement periods are as follows:
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A. Land interests - 20 years
S. Planning - 20 years or the length of the planning period,
s whichever is less
C. improvements - Useful life as determined by Commission)
? 15 LAND INTERESTS: Where
( ) grant funds are used to pay for land or
I avigation easements, the following requirements apply.
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A. marketable Title and General Warranty Deed: Sponsor shall
obtain either title insurance or a qualified attorney's
' title opinion to assure the Sponsor gets good and marketable
` title to the property to be acquired. Either the title
insurance commitment or the attorney's title opinion shall
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be provided by Sponsor to Commission for review. Sponsor
shall thereafter acquire the property in fee simple absolute
by general warranty deed from the grantors. A copy of the
deed shall be provided to Commission for review. Sponsor
shall thereafter cause the deed to be recorded in the land
records of the county recorder's office.
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-... :. --....; � `�3Si+-� �}'�y•'4A� }P V`i�.L .k�$!!,ry3�{'i}`'Fd'i��� FaF'i�:Y'k*s, a';P�"}�'.hzs-��n ri+^'.�^ 1 fv * �k"'+r F':":.�+r'3 Ayi}�S•wro C'F.p,�i.
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` a• band Coat Re"ursement hX r9d2X&goyernmep& U99 AO s nn„7
,,r° gharis : Since it is the intent of the state of Missouri
that funds provided under this agreement be used only for
aeronautical purposes, Sponsor hereby covenanto and agrees
that it will not request reimbursement from the United
States Governmont for the cost of land acquired with the
funds granted under this agreement= provided, however, that
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nothing in this paragraph shall be construed to prevent the
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` . Sponsor from using all or any part of the acquisition cost
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of this land to make up its share of eligible project costs
incurred under any airport development grant from the United
States Government.
C. Aeronautical Uses If land interests are not used for
aeronautical purposes within five years, Sponsor iahall at
� E the request of Commission return full amount of those grant
t...� funds uoed to purchase the land interests. Sponsor may
,
request an extension of this time period in writing to
' Commission.
(16)
AIRPORT USES Sponsor agrees to operate the airport for the use
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f' and benefit to the public. Sponsor further agrees that it will keep the
airport open to all types, kinds, and classes of aeronautical use on fair and
reasonable terms without discrimination between such types, kinder, and
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classes.
(17) SAFE OP MON OF AIRPORT: Sponsor' agrees to operate and maintain
in a safe and serviceable condition the airport and all connected facilities
which are necessary to serve the aeronautical users of the airport other than
facilities owned or controlled b the United States. Sponsor ponsor further agrees
that it will not permit any activity on the airport that would interfere with
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Its safe use for airport purposes. Nothing contained herein shall be
construed to re
Y. quire that the airport be operated for aeronautical uses during
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temporary periods when snow, ice, or other climatic conditions interfere with
safe operations.
(18) BVRLT of RECORD= Sponsor must maintain all records relating to
this agreement, including but not limited to invoiceu, payrolls, etc. These
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records must be available at all reasonable times, at no charge, to Commission
and/or its designees during the agreement period and any extension thereof,
and for three (3) Years from the date of final payment.
(1g) �$AI, suarty= Upon request of the Commission, Sponsor shall
Provide to the Commission a financial the
Of the total funds expended.
The summary must show the source of funds and the specific items for which
they were expended.
(20) FEDE ML AMIT: If the project covered under this agreement is
subject to the Federal A128 audit requirements, the Sponsor shall provide to
Commission a copy of the audit report that includes the disposition of any
state funds involved.
(21) MRPAytutM: If Commission determines that the S
ponsor was
overpaid, the amount of overpayment shall be remitted to Commission.
(22) U—MENTS: Any change in the agreement, whether by modification
and/or supplementation, must be accomplished by a formal agreement amendment
signed and approved by the duly authorized representative of Sponsor r Po and .,
Commission.
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(23) ASSIGN uT: Sponsor shall not assign or delegate any interest in .
the agreement and shall not transfer any interest in the agreement, whether by
assignment, delegation or novation, without the prior written consent of the
Commission. .
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(24) u :
Upon filing for any bankruptcy or insolvency
proceeding by or against Sponsor, whether voluntarily, or upon the appointment
of a receiver, trustee, or aasignee, for the benefit of creditors, Commi®aion
reserves the right and Bole dincr®tion to either cancel the agreement or
affirm the agreement and hold Sponsor responsible for damages.
° (25) CAMIM tRSION'S R�PRV riTM„ams �*rI Commission's chief engineer is
! designated as Cc Laaion•e representative for the u
p rpoae of ac"aninistering the
provisions Of this agreement.
IN WITNESS WHEREOF the
parties have entered into this agreement on the
' last date written below.
Executed by Sponsor S ,3
this L day of , 19
Executed by Commission this L day of `T'
19
MISSOURI HIGHWAY AND
TRAN.SPORTATIP COMMISSION
SPONSOR City of Jefferson
By By _C�e
Titlef Enetmeer
j Title
Attest
,/ Attest and Seal:
Secre_s.��G' i���.1.�„�.Oo��l i
ary
r Title City Clerk
Approved as to Form
Approved a to F
Heel By
Title City Counselor
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Ordinance/Resolution Number
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