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HomeMy Public PortalAboutORD10569 BILL NO. SPONSORED BY COUNCILMAN _rw ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT CONTRACT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR THE INSTALLATION OF BRIDGE LOAD CAPACITY SIGNS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a contract with the Missouri Highway and Transportation Commission for the purpose of receiving eighty percent ( 80% ) reimbursement from the United States government for the cost of installing bridge carrying capacity signs . Section 2. The contract 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 2 - 3 - 96 Approved /Z /r< f esiding Offi r Mayor ATTEST: City Clerk PROJECT HRO-026( 17) CITY OF JEFFERSON BRIDGE LOAD POSTING AGREEMENT This Agreement , made and entered into by and between the MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, herein called "Commission" and the CITY of JE:FFERSON herein called "City" 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 io grant funds to states for projects for the replacement and rehabilitation of toll-free public bridges which are under the jurisdiction of and maintained by a public author- ity and are open to public travel. Periodic inspections of off-system bridges have been and will continue to be made by the City and Commission every two years or as subsequently required by the Federal Highway Administration. The Federal Highway Administration requires that each bridge be rated as to its safe load carrying capaca.ty, and if it is determined under this rating procedure that the maximum legal load under State law exceeds the load permitted under the Operating Rating, the bridge must be posted in conformity with the AASHTO Manual for Maintenance Inspection of Bridges, 1983, or in accordance with the State law. In consideration of the mutual covenants and promises contained herein to be faithfully kept and performed by the parties hereto and each of them, it is agreed as fol- lows: 1. Commission will furnish to City lists indicating which bridges have been rated for safe load carrying capac- ity and which bridges have not been so rated. 2. Commission will furnish to City information which is available in its files with respect to bridge and site characteristics. 3. City will establish, or engage qualified consulting engineers to establish safe load ratings for all bridges under City' s jurisdiction which have not been so rated. 4 . City will present Commission with a schedule of signs to be posted together with an estimate of cost for the instal- lation thereof. 5. Upon approval of City' s schedule by the Federal Highway Administration, City will install or cause to be installed signs indicating the safe load carrying capacity for all bridges as determined pursuant hereto. Bridges rated at less than three tons should be closed to all vehicular traffic. 6. The cost of the improvement contemplated herein will be borne by the United States Government and by the City. The City will invoice the Commission from time to time for the City' s cost of determining ratings, for the cost of the City' s consulting engineer, and the cost of installing signs by the City' s forces or contractor. The Commission will reim- burse the Federal share to the City. The parties understand that the Federal share for this project is not more than 80% of the total cost of the project. It is understood that the present policies governing the participating ratios of the Federal Government and City may be changed as to specific pro- jects in the future. 7. Signing shall be in accordance with the most recent edition of the Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, Federal Highway Administration. 8. After construction and installation, all obligations of Commission under this Agreement shall thereupon cease and terminate. City shall keep, control and maintain the roads, bridges, and signing the same as and for all purposes, a part of the City' s road system at its own cost and expense and at no cost and expense whatsoever to Commission. 9. City shall indemnify and save harmless the Commission from damages or claims for damage arising as a proximate result of the negligence of City or its agents or employees, in connec- tion with the herein contemplated improvements. It is the intent of the parties hereto that Commission is to assume no liability for the completion of the herein contemplated improve- ments; and, if the Commission should expend any funds in connec- tion herewith for which it is not reimbursed by the United States Government, City will reimburse the Commission for same. 10. City shall secure any necessary approvals of permits from the Federal Government and the State of Missouri as required to permit the construction and maintenance of the improvements contemplated herein. -2- 11. At the time of processing the required project agree- ments with the Federal Highway Administration, Commission will advise City of any required goals for participation by dis- advantaged business enterprise and businesses owned and con- trolled by females to be included in City' s proposal for the work to be performed by competitive bid. 12. City shall notify prospective bidders that minority business enterprises 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. City shall insure that representatives of the Commis- sion 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. City shall also require all contractors and subcontractors to maintain books, accounts, ledgers, invoices, drafts, docu- ments, pages, and other business records pertaining to the performance of this off-system bridge project contract and shall require that such materials be available at the con- tractors' 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 inspec•-- tion by authorized representatives of the Commission and/or the Federal Highway Administration. 14 . Following completion of the contract, or during per- formance of the same as directed, City 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 City shall not in any case exceed 95% of the estimated total obligation of the United States Government with the balance being payable upon completion of the final audit. No retention will be withheld from the invoice cost for signs installed by City forces in accordance with Paragraph 6. 15. Reimbursement payments shall be paid by the United States Government through the Commission to City on completion of the final audit by the Federal Highway Administration and Commission of all eligible costs incurred by City. 16. As responsibility for the performance of all functions or work contemplated as part of this project is assumed by the City, and the City may elect to construct all or part of -3- the improvement contemplated herein with its own forces, a copy of United States Department of Transportation Form PR-1273, Required Contract Provisions , Federal-Aid Construction Contracts, is attached hereto and is herein incorporated by reference and made a part of this agreement. Wherever the term "the contractor" or words of similar import appear in Form PR-1273, the term "the City" is to be substituted. The City agrees to abide by and carry out the condition and obligations of "the contractor" as stated in Section Ii, Equal Opportunity, and Section III, Nonsegregated Facilities, as set out in Form PR-1273. 17. 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 City the � Z' day of 19 V. Pursuant to Ordinance No. 10569 of said City appr e.d on the 6th day of February, 1986. Executed by Commission the day of � ,e�ch.�t • , Ah 19 g(o CITY OF JEFFERSON, MISSOURI MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION By U qcv__- By gayor Chi f Engineer ATTEST: (SEAL ) ATTEST: (SEAL) City Clerk Secretary APPROVED AS TO FORM: -Z!, unsel -4-