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Home My Public Portal AboutORD10873 BILL NO. 87-62 1p SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE NO. _ 1,�LT ?-3 _ 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 REPLACEMENT OF THE WEST MAIN STREET BRIDGE. 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 a contract with the Missouri Highway and Transportation Commission for the purpose of receiving eighty percent (80%), up to a maximum of $500,000, reimbursement from the United States government for the cost of replacing the West Main Street bridge. Section 2. This 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 Approved J'? Presid Officer Mayor ATTEST: City Clerk City of Jefferson City Project BRM-3115( 501) SIXTH SUPPLEMENTAL FEDERAL AID URBAN PROGRAM AGREEMENT This Sixth 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 City, 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 City, Missouri, on a share-the-cost basis between the United States Government and the City of Jefferson City. 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 City. 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 Amak by Commission as Project BRM-3115( 501) is located within the City on West Main 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 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 the herein contemplated improvements. It is the intent of the parties hereto that 2 •L Commission is to assume no liability for the completion of the AdMk 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-3115(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 to a maximum Federal share of 80% of costs may be used on the herein improvement. 8. City shall secure any necessary approvals or permits from the Interstate Commerce Commission and the Missouri Division of Transportation 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 to be included in the City' s proposal for the work to be performed. 11. City shall notify the prospective bidders that disadvantaged business 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- 3115( 501 ) is not built or is built to standards not satisfactory 4 •� I I I to the Federal Highway Administration, the City agrees to repay ® the Commission for any progress payments made to the City and agrees that the Commission may deduct any progress payments made to the City from future payments to the City. 13. This agreement is made and entered into subject to the approval of the Federal Highway Administration. 5 e ' 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. , of said City, approved on the _3�day of _ 19 P -) . Executed by City the — day of 19 ? 1 . ,411- Executed by Commission the — day of MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION ATTEST: (SEAL) By Assistant Chief Engineer Secretary APPROVED AS TO FORM: Counsel CITY OF JEFFERSON CITY, MO ATTEST: ( SEAL) By Mayor City Clerk APPROVED AS TO FORM: City Attorney 6 ' t �'tiOG • � '9w •'�'«�• �/ d��O4 e 'Ai ti � u .�t�.•1! ' • •e W 1 s«a•w Wp aseeU rra.•e swan ty Jefferson 0"' i ORM--31 P5 690I dy e I •�• • `1 1dy0 / as � � .�• � . ol . ° g' II•'-7'�'°-h '. ' e�y!� '•I7.err"t� �~'��.�' '',.!.1��}• t�� +:••�'1Y• .ti�1��111..�y�•,i'•;v�<�� `.,`�'� •. p SCHOOL w Igus EXHIBIT A SUPPLEMENTAL FAUP AGREEMENT =%�� ,: ".-el• ' BETWEEN • `; ' • ,� — MISSOURI HIGHWAY AHO TRANSPORTATION COMMISSION /l AND • CITY OF JEFFERSON, MISSOURI PROJECT BRM-3115(501)