HomeMy Public PortalAboutORD10623 BILL NO.
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GRANT CONTRACT (THE FIFTH
SUPPLEMENTAL FEDERAL AID URBAN PROGRAM AGREEMENT) BETWEEN THE
CITY OF JEFFERSON AND THE MISSOURI HIGHWAY AND TRANSPORTATION
COMMISSION FOR THE REPLACEMENT OF THE JEFFERSON STREET BRIDGE.
BE IT ENACTED 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 replacing the Jefferson Street Bridge.
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: ����/�g� Approved:
Pr idi g Officer May
ATTEST:
City Clerk
• � 1
City of Jefferson
Project BRM-3114 ( 501 )
FIFTH SUPPLEMENTAL
FEDERAL AID URBAN PROGRAM AGREEMENT
This Fifth Supplemental Federal Aid Urban Program '
Agreement, made and entered into by and between the Missouri Highway
and Transportation Commission, hereinafter called "Commission, " and
the City of Jefferson, a municipal corporation in the State of
Missouri, hereinafter called "City,"
WITNESSETH:
The parties hereto have previously made and entered into a
Federal Aid Urban Program Agreement concerning the allocation and
distribution of federal funds for the improvement of major city
arterial routes in Jefferson, Missouri, on a share-the-cost basis
between the United States Government and the City of Jefferson.
Said Federal Aid Urban Program Agreement is hereinafter referred to
as the "Original FAUP Agreement. "
City desires to construct certain improvements, more
specifically described below, under the Federal Aid Urban Program
for the City of Jefferson. Said improvements are to be designed and
constructed by City in compliance with the provision of the Original
FAUP Agreement.
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 follows :
1. The improvement contemplated herein and designated by
Commission as Project BRM-3114 ( 501 ) is located within the city south
of the Route 50 and Jefferson Street intersection along Jefferson
Street over Wears Creek. The general location of the improvement is
shown on an attachment hereto marked "Exhibit A" and incorporated
herein by reference.
2 . Effective upon execution of this agreement, Commission
accepts the above described portion of the City street system as
part of the State Highway System for the purposes of the aforesaid
Federal Aid Urban Program. However, during the construction period
contemplated hereunder,
a. Commission will assume no police or
traffic control functions not obligatory
upon Commission immediately prior to the
AM
execution of this agreement, and
b. City shall perform or cause to be performed
normal maintenance on the project site.
3 . Upon completion of construction of the herein
contemplated improvements, City shall accept control and maintenance
of the street improved hereunder and shall thereafter keep, control ,
and maintain the same as, and for all purposes, a part of the City
street system at its own cost and expense and at no cost and expense
whatsoever to Commission. All obligations of Commission under this
agreement shall thereupon cease and terminate.
4 . City shall indemnify and save harmless the Commission
from damages or claims for damages arising as a proximate result of
the negligence of City, its agency, or employees in connection with
2
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 improvements ; and , if the
Commission should expend any funds in connection herewith for which
it is not reimbursed by the United States Government, City will
reimburse the Commission for same.
5. City shall acquire any additional necessary
right-of-way required for Project BRM-3114 ( 501) 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.
6. The cost of the improvements contemplated herein will
be borne by the United States Government and by City as provided by
the terms of the Original FAUP Agreement except as follows :
a. The United States Government is Presently
participating in at least 75% of the eligible
costs of FAUP Projects, but this ratio may
be changed at some time in the future.
b. City may be eligible for reimbursement from
the United States Government of up to 100%
of the costs incurred by City for traffic
control signalization work and for the
elimination of hazards at railway-highway
crossings pursuant to the FAUP.
3
7 . Federal Bridge Replacement and Rehabilitation Funds up
Aak
to a maximum Federal share of 80% of costs may be used on the herein
improvement.
8. Citv shall secure any necessary approvals or permits
from the Interstate Commerce Commission and the Public Service
Commission of Missouri as are required to permit the construction
and maintenance of the improvements contemplated herein.
9. Except as modified , amended , or supplemented herein, the
Original FAUP Agreement between the parties hereto shall be and
remain in full force and effect.
10 . At time of processing the required project agreements
with the Federal Highway Administration, Commission will advise City
of any required goals for participation by disadvantaged business
enterprises and businesses owned and controlled by females to be
included in the City' s proposal for the work to be performed .
11. City shall notify the prospective bidders that
minority businesses enterprises shall 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 .
12 . Progress payments to the City for preliminary
engineering are available upon City' s written request. The
Commission has reduced the minimum amount for progress payments for
right-of-way expenditures. In the event Project BRM-3114 ( 501 ) is
not built or is built to standards not satisfactory to the Federal
Highway Administration, the City agrees to repay the Commission for
4
any progress payments made to the City and agrees that the
Commission may deduct any orogress paymenta made to th? Citj Erom
future payments to the City.
13 . This agreement is made and entered into :;ub�.yct t, the
approval of the Federal Highway Administration.
5
IN i9rrNsSS 'THEREOF , the parties hereto have caused this
agreement to be executed by their respective officers and the City
executes same pursuant to Ordinance vo .14bes, of said City,
approved on the .Z'� day of
Executed by City the 2,s day of
1984.
Executed by Commission the �__lav of
198,/.
MISSOURI HIGHWAY VIn
TRANSPORTATTON, COMMISSION
ATTEST: (SEAL )
Asst . Chief Engineer
Secretary
APPROVED AS TO FORM:
Counsel
CITY OF JEFFERSON, MISSOURI
ATTEST•: (SEAL ) By
44'a o r
City Clerk
APPROVED AS TO RM:
City At orney
6