The URL can be used to link to this page

Home My Public Portal AboutORD10400 BILL NO. Qy_ A3 SPONSORED BY COUNCILMAN ORDINANCE NO. U�D� AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, AND THE COUNTY OF COLE FOR AN OFF-SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Jefferson are hereby authorized to execute an agreement with the Missouri Highway and Transportation Commission and the County of Cole for an off-system bridge replacement and rehabilitiation program. Section 2. The lease shall be substantially the same in form and content as the contract 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 °T V -9-5 Approved Pre iding Officey Mayor ` ATTEST: City tlerk Ash MENEM Cole County Project BRO-026 ( 6 ) Sixth Agreement OFF-SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM AGREEMENT This Agreement , made and entered into by and between the Missouri Highway and Transportation Commission, herein called "Commission" ; the County of Cole, herein called "County" , and the City of Jefferson City, a municipal corporation in the State of Missouri, herein called "Agency" . WITNESSETH: The Congress of the United States has authorized in Section 124 of the Federal-Aid Highway Act of 1978 (PUB.L .95-599 ; 92 Stat . 2689 ) , the Secretary of Transportation to grant funds to states for projects for the replacement and rehabilitation of toll.-free public bridges which are not part of the Federal-Aid System and which are under the jurisdiction of and maintained by a public authority and are open to public travel. County and Agency desire to replace Bridge No. 2180025 , more specifically described below, under the Off-System Bridge Replacement and Rehabilitation Program. Said improvement is to be designed and constructed in compliance with the provisions of the Federal-Aid Highway Act of 1978 and applicable Federal directives . In consideration of the mutual convenants and promises contained herein to be faithfully kept and performed by the parties hereto and each of them, it is agreed as follows : 1. The improvement contemplated herein, and designated as Project BRO-026 ( 6 ) by the Commission is on West Main Street in the City of Jefferson City in Cole County. The length of the improvement is 1 .0 mile . The general location of the improvement is shown on an attachment hereto "Exhibit A" and incorporated herein by reference. More specific descriptions are as follows ; Project BRO-026 ( 6 ) is situated in Section 7, Township 44 North, Range 11 West and is across Wears Creek on West Main Street in Jefferson City, Cole County, Missouri. 2. The herein described project involves a bridge which has been inventoried by the County, Agency, or Commission inaccordance with the Federal.-Aid Highway Act of 1978 . 3. A) County and Agency shall indemnify and save harmless the Commission from damages or claims for damage arising as a proximate result of the negligence of County, Agency, or its agents or employees, in connection with the herein contemplated t improvements ; and, if the Commission should expend any funds in connection herewith for which it is not reimbursed by the United States Government, County or Agency will reimburse the Commission for same. B) Further, the Agency shall indemnify and save harmless the County from damages arising as a proximate result of the negligence of the Agency, or is agents or employees , in connection with the herein contemplated improvements . It is the intent of the parties hereto that the County is to assume no liability for the completion of the herein contemplated improvements ; and, if the County should expend any funds in connection herewith, beyond that amount passed through to the Agency, for which it is not reimbursed by the United States Government, the Agency will reimburse the County for same. 4 . Upon completion of construction of the herein- comtemplated improvement, County or Agency shall accept control and maintenance of the road improved hereunder and shall therafter keep, control, and maintain the same as , and for all purposes, a part of its road system at its own cost 4nd expense and at no cost and expense whatsoever to Commission . All obligations of Commission under this Agreement shall thereupon cease and terminate. 5. Periodic inspections of off-system bridges including the herein described bridge have been and will continue to be made by the County and Agency every two years or as subsequently required by the Federal Highway Administration. 6 . The parties understand that the Federal share for this project is not more that 80% of the total cost of the project with a total of not more than $350, 000 . It is understood that the present policies governing the participating ratios of the Federal Government and County and Agency may be changed as to specific projects in the future. 7 . It is further understood by the the parties hereto that Agency is responsible for 20% of the first $437 , 500 . 8. The plans shall provide for handling traffic; with signs , signals, and markings in accordance with the Manual of Uniform Traffic Control Devices . 9 . County or Agency shall secure any additional necessary right-of-way required for this project and in so doing agrees to abide by all applicable Federal laws , rules, and regulations including but not limited to 42 U.S .C .A. 4601 et seq. , the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 . 10 . County or Agency shall secure any necessary approvals or permits from the Federal Govenment and the State of Missouri as required to permit the construction and maintenance of the improvements contemplated herein. 11 . At the time of processing the required project agreements with the Federal Highway Administration , Commission will advise County or Agency of any required goals for participation by disadvantaged business enterprises and businesses owned and controlled by females to be included in County's or Agency's proposal for the work to be performed. 12 . County or Agency shall notify prospective bidders that minority business enterprise will be afforded full and affirmative opportunity to submit bids in response to the invitation and will not be discriminated against on grounds of race, color, sex, or national origin in consideration for an award. 13 . County or Agency shall insure that representatives of the Commission and the Federal Highway Administration shall have access to the project for the purpose of inspecting and reviewing work being performed by any contractor or subcontractor on the Off-System Bridge Replacement and Rehabilitation Project . County or Agency shall also require all contractors and subcontractors to maintain books, account, ledgers , invoices, drafts, documents , pages, and other business records pertaining to the performance of the off-system bridge project contract and shall require that such materials be available at the contractors ' field or permanent business offices at all reasonable times during the performance of the contract and for three years from date of final payment under the contract, for inspection by authorized representatives of the Commission and/or the Federal Highway Administration. 14 . Following completion of the contract, or during performances of the same as directed, County or Agency will submit vouchers to Commission ' s District Engineer for reimbursement by the United States Government as hereinafter set out . Any progress payments which may be made to County or Agency shall not in any case exceed 95% of the esimated total obligation of the United States Government with the balance being payable upon complet ion., of the final audit . 15 . Reimbursement payments shall be paid by the United States Government through the Commission to County or Agency on completion of the final audit by the Federal Highway Administration and Commission of all eligible costs incurred by County and Agency. 15 . This Agreement is entered into subject to the approval of the Federal Highway Administration. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective proper officials. Executed by County the i0 day of 14 S Executed by Agency the �}' r'r' day of �/Za 19 . Executed by Commission the Ord day of 0.� , Igs�E—. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION ATTEST: (SEAL) By C a rman -� Secretary APPROVED AS TO FORM: Counsel CITY OF JEFFERSON CITY, MISSOURI COUNTY OF COLE, MISSOURI Acting by and through its County Commission By '� By a or Ptesiding Com ss ner ATTEST: (SEAL) str Commissioner City Clerk ' D str ct Commissioner APPROVED AS TO F RM: ATTEST: (SEAL) ty n ttorney ------ County er -4- Jefferson, Cetyl lip N '•� X' .9 • n • _ ` ID°H}f/ww•[q.{ dr.}Q (i•� � ,r N .!Ilff�/,d^A\IM{f/I r[}f M••Ofi/1�,/ F1�Y[M[�,f �• J cam- -' "\� 1• / 'I _ /! ^ '� 1 d, , •P rmt,Rr ��' / vV I 1 I J , I� xiwcil--" i ri � . I. � Cays..�,�/ '�y•"`''\�.r\�•11* �`" ♦ I ♦ � f �,,,,,,'`}� of �� I ,`4; I ,^\y � •\\ •`�`� '•1' , n rl I • �, a Oro t 1l if id r M y [ 'v ..'_.�,s,�'�'� u f"f•�1 I'` p r •r r��y /0�� ~ ��`• " .(\�{'�,�h�\ •►d�G,.•�yn9�t ?".r}�7y�:j � � �1�>►'�� . y f•�I • J , /� , S'' 41('w ,�(f�.,'� 'v/�•!" �,+?� �r\`✓/y17 t.�/)vim �q� ��a`y '.`l \/' � •r y �. SOUTH / �5Q14/FJ `Y�. +?.• `.f+ 1 SCHOOL �-/lE J a =• \ Ir EXHIBIT A ...,� ./tic rc^.,. '•.'. i OFF-SYSTEM BRIDGE REPLACEMENT AGREEMENT BETWEEN : - -a MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION ` ' ' AND .• COLE COUNTY MISSOURI AND p JEFFERSON CITY, MISSOURI -. 1 At"`(�j PROJECT NO. BRO-026(6)