HomeMy Public PortalAboutORD10802 MENEM, ==
BILL NO. 56-180 _
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. Q
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE AN URBAN AGREEMENT WITH THE
STATE OF MISSOURI ACTING BY AND THROUGH THE MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION, FOR THE REALIGNMENT AND IMPROVEMENT OF
CERTAIN STREETS IN CONJUNCTION WITH THE CONSTRUCTION OF THE NEW
MISSOURI RIVER BRIDGE.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1 . The Mayor and the City Clerk are hereby
authorized and directed to execute an urban agreement with the
State of Missouri acting by and through the Missouri Highway and
Transportation Commission, which provides for a division of costs
associated with the realignment and improvement of certain
streets in conjunction with the construction of the now Missouri
River bridge,
Section 2. The urban agreement shall be substantially the
same in form and content as that urban agreement 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:iCV�.�. Approved:
Pr idi Officer May
ATTEST:
City Clerk
Route 54 , Cole-Callaway
Counties
Jefferson City - south of
Missouri Blvd. to north of W
(Callaway County)
Job No. 5-U-54-258
City of Jefferson
Urban Agreement
CONTRACT
This Agreement, made and entered into by and between
the State of Missouri, acting by and through the Missouri
Highway and Transportation Commission, hereinafter called
"Commission," and the City of Jefferson City, Missouri, a
municipal corporation, hereinafter called "City, "
WITNESSETH:
In consideration of the mutual covenants contained
herein, to be faithfully kept and performed by the parties
hereto, it is agreed as follows:
1 . The public improvement designated as Route 541
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Cole-Callaway Counties, Job No. 5-U-54-258 consists of several
separate sections.
Route 54 shall consist of the acquisition of
right-of-way, grading, widening, surfacing with a high-type
pavement in variable widths, adjustment of utility facilities,
construction of drainage facilities, fighting, traffic
signalization, maintenance and other incidental work as neces-
sary.
Route 50 shall consist of the acquisition of
right-of-way, grading, widening, surfacing with a high-type
pavement in variable widths, adjustment of utility facilities,
construction of drainage facilities# lighting, traffic signal
modification, maintenance and other incidental work as neces-
sary,
Missouri Boulevard shall consist of grading , surfacing
with a high-type pavement 60 feet in width, adjustment of
utility facilities, construction of drainage facilities,
lighting, traffic signalization, maintenance and other inciden-
tal work as necessary.
Delaware Sttroot shall consist of the acquisition of
right-of-way, grading, widening, surfacing with a high-type
pavement 28 feet in width, adjustment of utility facilities,
construction of drainage facilities and other incidental work as
necessary.
Bolivar Street shall consist of the acquisition of
right-of-way, grading, surfacing with a high-type pavement 33
feet in width, adjustment of utility facilities, construction of
drainage facilities and other incidental work as necessary.
Ramps 3 and 4 at Missouri Boulevard shall consist of
the acquisition of right-^of-way, grading, surfacing with a
high-type pavement 46 feet in width, adjustment of utility
facilities, construction of drainage facilities, traffic
signalization, lighting, maintenance and other incidental work
as necessary.
2. The improvement within City is located as follows;
Route 54
Beginning at Station 42+48 , a point where
the center line of the eastbound lane of
Route 64 interaects the Jefferson City
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limits and the Cedar City limits and is
280 feet south of the north end of the
Missouri River Bridge; thence run in a
generally southwesterly direction along
the center line of the eastbound lane of
Route 54 crossing over the Missouri River
and under. West Main Street and High
Street and thence running generally south
with the center line of median of Route
54 crossing over McCarty Street, Route
50 , Missouri Boulevard, and Wears Creek
to Station 41+00, a point 1 ,300 feet
south of Wears Creek. The length of the
improvement is 7 ,.904 feet or 1.497 miles.
Route 50
Beginning at Station 741+00 , a point
3,099 feet east of the center. line of Dix
Road; thence run in a generally easterly
direction along the existing center line
of median of Route 50 , crossing under
Route 54 and Bolivar Street and crossing
Missouri Boulevard to Station 11+50 , a
point 116 feet northwest of the center
line of Broadway Street. The length of
the improvement is 4,471 feet or 0.847
mils.
Missouri Boulevard
Beginning at Station 12+50, a point 498
feet east of the center line of Route 54;
thence run in a generally westerly
direction along the existing center line
of Missouri Boulevard, crossing under
Route 54 to Station 18+20 , a point 72
feet west of the centerline of Route 54.
The length of the improvement is 570 feet
or 0.108 mile. The construction of this
improvement will also extend northerly
along the centerline of Bolivar Street to
Station 20+68.8 and southerly along the
centerline of Dunklin Street to Station
2+00.
Delaware Street
Beginning at Station 0+30 , a point 30
feet north of the center line of Missouri
Boulevard; thence run in a generally
northerly direction along the center line
of Delaware Street to Station 6+33j ' a
3
point 10 feet south of the center line of
St. Mary' a Boulevard. The length of the
improvement is 603 feet or 0.114 mile.
Bolivar street
Beginning at Station 13+60 , a point 385
feed, southwest of the center line of
Route 50 , thence run in a generally
southwesterly direction and then in a
south direction along the center line of
Bolivar Street to Station 20+68.8, a
point 128 .57 feet north of the center
line of Missouri Boulevard. The length
of the improvement is 708.8 feet of 0.134
mile.
Ramps 3 and 4 at Missouri Boulevard
Beginning at station 7+98, Ramp 31 and
Station 5+61 , Ramp 41 both points 42 feet
northeast of the center line of Dunklin
Street; thence run in a generally
northeasterly direction and then
northwesterly direction along the base
lines to Station 15+30, Ramp 3 and
Station 12+18, Ramp 4, both points 30
feet southeast of the center line of
Missouri Boulevard. The length of the
improvement on Ramp 3 is 732 feet or
0.139 mile. The length of the
improvement on Ramp 4 is 657 feet or
0.124 mile.
3. This agreement shall apply only to the portion of
the improvement lying within the city limits as they exist on
the date this contract is executed by city.
4. The general location of the public improvement on
Route 54 and Route 50 is shown on an attached sketch marked
Exhibit A and made a part of this agreement. The general
location of the improvement on Missouri Boulevard, Delaware
Street, Bolivar Street and Ramps 3 and 4 of Missouri Boulevard
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is shown on an attached sketch marked Exhibit B and made a part
® of this agreement. The detailed location of the improvement is
shown on the plans prepared by Commission for the
above-designated route and project.
5 . City grants the right to use the right-of-way of
public roads, streets, and alleys as necessary for construction
and maintenance of said public improvement. City shall duly
close all city streets or roads, or parts thereof, which may be
necessary to permit the construction of the project in accor-
dance with the detailed plans. whenever it is deemed necessary
by the Commission to close any street or road permanently or
temporarily during construction,. City shall be advised thereof
in time to make provision for the diversion and rerouting of
traffic necessitated thereby. It shall be the sole responsibil-
ity of the Commission to make arrangements for the placing of
all traffic control devices during construction made necessary
by the construction
6. Upon approval of all agreements, plans and
specifications by Commission and the Federal Highway Administra-
tion, Commission will file copies of said plans in the offices
of the City Clerk of City and the County Clerk of aforesaid
County and proceed to acquire at its expense by purchase or by
condemnation in the name of the State of Missouri, and at no
cost or expense to City on this account, any necessary
right-of-way required for the construction of the improvement on
Route 54 and Route 50 .
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7. The City shall acquire, at no cost or expense to
Commission, any necessary right-of-way required for the
construction of the improvement at Delaware Street and Bolivar
Street.
9. The City shall acquire, at no cost or expense to
Commission, any necessary right-of-way required for the
construction of Ramps 3 and 4 at Missouri Boulevard as shown on
Exhibit B. Such right-of-way plans shall be mutually agreed
upon by the City and the Commission.
9. No acquisition of additional right-of-way is
anticipated in connection with the portion of the improvement on
Missouri Boulevard. In the event that additional right-of-way
is needed, the acquisition of such right-o£-way shall be the
subject of further negotiations between the parties hereto.
10. Commission and City shall cooperate to secure the
temporary or permanent removal, relocation, or adjustment of
public utilities or private lines, poles, wires, conduits, and
pipes located on the right-of-way of existing public ways as
necessary for construction of the improvement and the cost
thereof shall be borne by such public utilities or the owners of
said facilities except where City is by existing franchise or
agreement obligated to pay all or a portion of such cost, . in
which case the City will pay its obligated portion of the cost.
11. Commission shall secure the removal, relocation,
or adjustment of any public or private utilities 'located upon
private easements and shall pay any costs incurred therein for
that portion of the improvement on Route 54 and Route 50 .
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Smalm
12. Commission and City shall secure the removal,
relocation or adjustment of any public or private utilities
located upon private easements and shall each bear fifty percent:
(50%) of the costs incurred therein for that portion of the
improvement on Missouri Boulevard. City shall secure the
removal, relocation or adjustment of any public or private
utilities located upon private easements and shall pay any costs
incurred therein for that portion of the improvement on Delaware
Street, Bolivar Street and Ramps 3 and 4 at Missouri Boulevard.
13. In cases of public utilities owned by City which
must be moved, adjusted, or altered to accommodate construction
of this improvement and such city-owned utilities, poles, wires,
conduits, and pipes are 'located within the present city limits
and located on an existing city street, not state highway
right--of-way but being taken over hereunder by the Commission as
a part of its highway right-of-way except such city-owned
utilities, poles, wires, conduits, and pipes which may be
located within right-of-way of Ramps 3 and 4 between Dunklin
Street and Missouri Boulevard, City will perform the necessary
removal, adjustment, alterations and relocation, and Commission
will reimburse City therefor except as hereinafter provided.
City shall perform the removal, adjustment, alterations and
relocation in accordance with the detail plans, estimates of
costs and bills of materials prepared by City in accordance with
Federal-Aid Highway Program Manual, Volume 6 , Chapter 6 , Section
3 Subsection 1 ( FHPM 6-6-3-1) , dated September 6 , 1985 , and any
revision thereof, and approved by Commission' s District Engi-
T
neer, and shall performm all work and keep the records of the
costs thereof in accordance with said policy and procedure
memorandum and revisions thereof. Upon the completion of any
such work and on receipt by Commission of seven copies of a bill
for the actual costs incurred by City in making any such
removal, adjustment, alteration and relocation, Commission shall
reimburse City for the actual cost thereof necessitated by
construction of this public improvement. Commission' s obliga-
tion toward the cost of any such removal, adjustment, alteration
and relocation shall extend only to those costs incurred in
accordance with said FHPM 6-6-3-1 and its current revisions.
14. City agrees that any installation, removal,
relocation, maintenance or repair of public or private utili-
ties involving work in highway right-of-way included in this
project shall be done only in accordance with the general rules
and regulations of the Commission and after a permit for the
particular work has been obtained from the Commission' s District
Engineer or his authorized representative. Similarly, City will
allow no work on the highway right-of-way involving excavation
or alteration in any manner of the highway as constructed,
including but not limited to driveway connections, except in
accordance with the rules and regulations of Commission and only
after a permit for the specific work has been obtained from the
Commission' s District Engineer or his authorized representative.
City shall enact ordinances necessary to assure compliance with
this paragraph.
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15 . The installation, operation, and maintenance by
Commission of any lighting system on the public improvement
covered by this agreement shall be only in accordance with the
Commission' s policy on highway lighting in effect at the time of
any such installation and only to the extent the Commission then
deems warranted. No street lighting system shall be installed
or maintained by or for City on the improvement without approval
of Commission.
16. Commission will, at its cost and expense, relo-
cate, operate, and maintain existing lighting at that part of
the improvement on Route 50 . The Commission, will at its cost
and expense, install, operate and maintain basic lighting on
that portion of the improvement on Route 54. The City shall be
responsible for fifty percent (50%) of the cost and expense of
replacing existing lighting on that part of the improvement on
Missouri Boulevard. The Commission shall be responsible for the
remaining fifty percent (50%) of this cost. The Commission
will, at its cost and expense, operate and maintain this
lighting on that portion of the improvement on Missouri Boule-
vard. The construction, installation, and maintenance of any
other or further lighting system on the public improvement
covered by this agreement shall be only in accordance with the
Commission' s policy on highway lighting in effect, and to the
extent deemed warranted by Commission, at the time of any such
installation. No lighting system shall be installed or main-
tained by City on the improvement without approval of Commis-
sion.
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17 . The installation, operation and maintenance of all
necessary traffic signals, signal and devices on said improve-
ment, including those between said highway and intersecting
streets and highway shall be under the exclusive jurisdiction
and at the cost of Commission. City shall not install, operate,
or maintain any traffic signals, signe or devices on said
highway or on intersecting streets and highways at any point
where they intersect this highway without approval of Commis-
sion.
18. Commission shall secure any necessary approvals or
permits from the Interstate Commerce Commission or the Public
Service Commission of Missouri required to permit the conateuc-
tion and maintenance of said highway.
19. The portions of the improvement on Route 54 , Route
50 and Ramps 3 and 4 at Missouri Boulevard shall be limited
access highways and rights of access between said highway and
abutting property shall be procured and the coat thereof
classified as right-of-way costs and paid for by Commission in
the same manner as provided herein for the payment of other
right-of-way costs except said costa for Ramps 3 and 4 shall be
paid by City as provided in paragraph 8. Only such rights of
ingress and egress shall be allowod as indicated on the plans
approved by the Commission and the Federal Highway Administra-
tion.
20 . The City shall be responsible for designing the
plans, preparing the specifications and letting and administer-
ing the contract for the portion of the improvement on Missouri
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Boulevard. The City shall submit the plans and specifications
to the Commission for its approval prior to advertising for
bids for construction of the improvement. The City shall enter
into a contract for construction of the portion of the improve-
ment on Missouri Boulevard only after the approval of the
Commission. The City shall b : responsible for fifty percent
(50`x) of the costs of preparing the plans and construction on
the portion of the improvement on Missouri Boulevard. The Com-
mission shall be responsible for the remaining fifty percent
(50%) of the costs of the plans and construction.
21. The City shall notify prospective bidders that
minority business enterprises will be afforded full and
affirmative opportunity to submit proposals in response to the
invitation and will not be discriminated against on grounds of
race, color, sex or national origin in consideration for the
contract.
22. The City shall be responsible for designing the
plans, preparing the specifications and letting and administer-
ing the contract for the portion of the improvement on Bolivar
Street and Delaware Street. The City shall be responsible for
one hundred percent (100%) of the costs of preparing the plans#
specifications and construction on the portion of the improve-
ment on Bolivar Street and Delaware Street.
23. The City and the Commission shall submit invoices
to each other monthly for reimbursement of costs to be borne by
the other party as provided in paragraphs 12 , 16 and 20.
ll
CAM
24. it is the intent of this agreement that Commission
shall provide without cost to City except an otherwise provided
herein, a highway for traffic in City which is recognized as a
municipal corporation, and Commission shall so design and
construct said highway as to enable it to serve operating
necessities and requirements of local and through traffic.
25 . Upon completion of the acquisition of the neces-
sary right-of-way, Commission sha<11 construct said highway in
accordance With final detailed plans approved by the Federal
Highway Administration (or as they may be changed from time to
time by Commission with the approval of the Federal Highway
Administration and with the concurrence of the City if it would
affect the City' s participation ' or obligation under the terms of
this agreement) at such time as federal and state funds are
allocated to the public improvement in an amount sufficient to
pay for the Federal and Mate Government' s proportionate share
of construction and right-of- way costs. The obligation of the
Commission toward the actual construction of said public
improvement shall be dependent upon the completion of plans
therefor in time to obligate federal funds for such construc-
tion, upon approval of said plans by the Federal Highway
Administration, upon the award by the Commission of the contract
for such construction, and upon the approval of such award by
the Federal Highway Administration.
26. except for that portion of the improvement on
Delaware Street and Bolivar Street, upon completion of the
public improvement, the Commission will maintain all portions of
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the improvement within the normal right-of-way. Maintenance by
Commission shall not in any case include maintenance or repair
of sidewalks whether new or used in place, water supply lines,
sanitary or storm sewers (except those storm sewers constructed
by Commission to drain the highway) , city-owned utilities within
the right-of-way or the removal of snow other than the machine
or chemical removal from the traveled portion of the highway.
27. Commission will construct drainage facilities
along the improved project and may use any existing storm and
surface water drainage facilities now in existence in the area,
and City agrees to accept and dispose of such surface water.
The City and Commission shall cooperate during the design phase
to minimize any adverse impact to the City caused by the
acceptance and disposal of such surface water.
28. It is the intent of the parties hereto that City
shall retain its police powers with respect to the regulation of
traffic upon the improvement contemplated herein. However, City
will enact, keep in force, and enforce only such ordinances
relating to traffic movement and parking restrictions upon the
improvement as may be approved by Commission and as are not in
conflict with Federal Aid regulations with the exception of
Bolivar, Delaware and D unklin Streets outside the limits of
construction wholly or partially funded by the Commission.
Commission shall not arbitrarily withhold approval of reasonable
traffic regulations, signs, and markings which will permit the
movement of traffic in accordance with accepted traffic regula-
tion practices, No Commission approval shall be required for
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regulation and enforcement of traffic movement and parking or
the exercise of police powers with respect to the portions of
the improvement on Bolivar, Delaware and Dunklin Streets funded
wholly by the City.
29. No billboards or other advertising signs or
devices or vending or sale of merchandise will be permitted
within the right-of-way limits of the project as improved and
City will enact such ordinances as are necessary to enforce this
paragraph.
30. Since the improvement contemplated herein is being
designed and constructed to accommodate a maximum amount of
traffic with a minimum amount of right-of-way, City shall enact
and enforce such ordinances as are necessary to prevent parking
upon said highway or any part of the aroa of the highway
right-of-way within the limits of the improvement with the
exception of Bolivar, Delaware and Dunklin Streets outside the
limits of construction wholly or partially funded by the
Commission.
31 . in the event that City fails, neglects, or refuses
to enact, keep in force or enforce ordinances herein specified
or enacts ordinances contrary to the provisions hereof, or in
any other manner fails, neglects or refuges to perform any of
the obligations assumed by it under this agreement, Commission
may, after serving written request upon City for compliance and
City' s failure to comply, withhold the expenditure of further
funds for maintenance, improvement, construction, or reconstruc-
tion of the state highway system in said City.
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32. This agreement is entered into subject to the
approval of the Federal Highway Administration, and is further
subject to the availability of federal and state funds for this
construction.
15 ;
j..
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed by their respective officers and
the City executes same pursuant to Ordinance No. 10 of said
City, approved on the day of , 1987
Executed by City theaday of ,
198
Executed by Commission the 6-?� day of
198 .
MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION
ATTEST: (SEAL) By
Assistant Chief Engineer
Aw
Secretary
APPROVED AS TO FORM:
l
ounsel
CITY OF JEFFERSON CITY,
MISSOURI
ATTEST: (SEAL ) By
M yor
City Clerk
APPROV7 AS 0RM:
x
City Attorney
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