Loading...
HomeMy Public PortalAboutORD10876 BILL NO. 87-65 SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. Zoe 2,6 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 FOR CONSTRUCTION OF AN INSTRUMENT LANDING SYSTEM AT THE JEFFERSON CITY MEMORIAL AIRPORT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an agreement with the Missouri Highway and Transportation Commission for the construction of an Instrument Landing System at the Jefferson City Memorial Airport from Third State Building Funds. Section 2. The agreement shall be substantially the same in form and content as that 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 Approved Q_� Presid' Officer Mayor. ATTEST: n City Clerk DRUM Ah Jefferson City, Missouri Jefferson City Memorial Airport Project No. AIR 884-40B ECONOMIC DEVELOPMENT PROJECT AGREEMENT THIS 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: Article III, Section 37 (d) of the Constitution of the State of Missouri (1982 Amendment) authorizes the General Assembly of the State of Missouri to appropriate funds out of the Third State Building Fund. The General Assembly has appropriated to the Commission in section 20.846, Con- ference Committee substitute for House Bill No. 20, approved June 27, 1985, and section 19.445, Conference Committee substitute for House Bill No. 19, approved June 29, 1987, funds to construct an instrument landing system. The herein improvement, designated by the Commission as Project AIR 884-40B (hereinafter "the project") , shall consist of land acquisition , clearing and grubbing, common excavation, grading, drainage, equipment purchase and erec- tions, topsoil , seeding, mulching, engineering, inspection, and other incidental work as necessary. In consideration of the mutual covenants and promises contained herein to be faithfully kept and performed by the parties, it is agreed as follows : 1. AVAILABILITY OF STATE FUNDS: This agreement is entered into by AMIk both parties subject to the availability of funds from the Third State Building Fund. 2. LOCATION: The general location of the project is shown on an attachment hereto marked "Exhibit A" which is incorporated herein by refer- ence, 3. PROJECT FUNDING: Funds have been appropriated and are available from the Third State Building Fund to provide the city with funding for eligible costs associated with the project in an amount not to exceed $350,000. In the event these funds are not sufficient to complete the project, the city shall be responsible for any and all costs to do so. 4. COMPLIANCE WITH STATE AND FEDERAL LAWS: The city shall comply with all laws of the State of Missouri that relate to the planning and implementation of the project. Should funds from the federal government be involved in the project, the city shall comply with all federal laws, regu- lations, and procedures that may apply in addition to the laws of the State of Missouri . 5. REVIEW AND COMMENT OF PLANS, SPECIFICATIONS, AND ESTIMATES: The city shall submit all plans, specifications, and estimates to Commission for review and comment. 6. MINORITY ENTERPRISES AND DISCRIMINATION: The 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 na- tional origin in consideration for an award. 7. COMPLIANCE WITH STATE EXECUTIVE ORDER 82-27: The city shall also notify prospective bidders that this project involves state funds and the contractor awarded the contract will be required to comply with Executive Order 82-27 of the Governor of the State of Missouri dated December 16, 1982. This Order stipulates that there shall be no discriminatory employment 2 practices by the contractor or its subcontractors ,, if any, based on race, y color, sex, religion, creed, national origin, ancestry, age, veteran or handicapped status of any individual . 8. REVIEW OF BIDS AND CONTRACT AWARD: The Commission shall review all bids and approve the selection of the apparent successful bidder prior to the city awarding the contract. 9. REVIEW OF APPRAISERS' UALIFICATIONS AND CONTRACTS AWARD: The Commission shall review the qualifications and approve the selection of the appraisers prior to the city awarding contracts for appraisal . 10. REVIEW AND COMMENT OF APPRAISALS, AND REVIEW APPRAISALS: The city shall submit all appraisals and review appraisals to Corvaission for review and comment. 11. MARKETABLE TITLE AND GENERAL WARRANTY DEED: The city shall obtain either title -insurance or a qualified attorney's title opinion to assure the city gets good and marketable title to the property to be acquired. Either the title insurance commitment or the attorney's title opinion shall be furnished by county to Commission for review and comment . The city shall thereafter acquire the property in fee simple absolute by general warranty deed from the grantors. A copy of the deed shall be furnished to Commission for review and comment. The city shall thereafter cause the deed to be recorded in the land records of the county recorder's office. 12. LAND COST REIMBURSEMENT BY FEDERAL GOVERNMENT USE AS LOCAL SHARE ONLY: Since it is the intent of the state of Missouri that funds provided under this agreement be used only for the development of aeronautical facil- ities, the city •hereby covenants and agrees that it will not request reim- bursement from the United States Government for the cost of land acquired 3 with the funds granted under this agreement; provided, however, that nothing in this paragraph shall be construed to prevent the city from using all or any part of the acquisition cost of this land to make up its share of eli- gible project costs incurred under any airport development grant from the United States Government. 13. RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the project the city will be responsible for the installation of any signs, markers, or other devices required for the safety of the public. All markers or devices required on the airport will conform to any Federal Aviation Administration (FAA) regulations or specifications that may apply. It is also a responsibility of the city to issue, through the applicable FAA Flight Service Station, any and all Notice to Airman (NOTAM's) that may be required. ASIL 14. INSPECTION OF PROJECT AND RECORDS: The city shall insure that representatives of the Commission shall have access to the project for the purpose of inspection and reviewing work being performed by any contractor or sucontractor on the project. 'The city shall also require all contractors and subcontractors to maintain records pertaining. to the performance of this project contract and shall require that such records be available at the contractor's 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 representa- tives of the Commission. 15. PROJECT INSPECTION AND CHANGE ORDERS: The city will provide and maintain competent and adequate engineering supervision and inspection at the construction site to insure that the completed work conforms with the plans and specifications. The city will submit to the Commission, for 4 I gill111,1111111! prior approval , changes that alter the costs of the project, functional layout or other characteristics of the plans and specifications. 16. PAYMENT: At any time subsequent to the effective date of this agreement the city may submit vouchers for progress payments to Commission's chief engineer. The vouchers will reflect only those project costs incurred prior to the voucher date. Five percent (5%) of the funds authorized for the herein project will be withheld pending completion of a final audit by or for the Commission of all project costs incurred by the city. 17. INDEMNITY AND REIMBURSEMENT OF COMMISSION: The 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 agents or employees, in connection with the project. It is the intent of the parties hereto that the Commission is to assume no liability for the comple- tion of the project, and if the Commission should expend any funds in connection therewith for which it is not reimbursed by the Third State Building Fund, the city will reimburse the Commission for same upon written notification from the Commission. 18. DISPUTES: Any disputes of facts which might develop as a result of this agreement shall be decided by the Commission. 19. PROJECT PERIOD: The project shall commence upon Commission's execution of this agreement and shall be completed by December 31, 1988. 20. AMENDMENTS: This agreement may be amended from time to time by written agreement of both parties. 21. TERMINATION: The Commission may terminate this agreement if the city defaults on any of its provisions. 5 22. COMMISSION'S REPRESENTATIVE: The Commission's chief engineer is designated as the Commission's representative for the purpose of administer- ing the provisions of this agreement. The chief engineer is also authorized by the Commission to execute on their behalf any amendments to this agree- ment which do not change the scope of, or level of funding for, the Improvement. 6 4 THIS AGREEMENT is entered into the last date written below. Executed by Sponsor this (�" day of AtAr.u5- , 19-f7 . Executed by Commission this day of 19, . MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION SPONSOR By Assistant Chief Engineer Title Title Attest: Attest: Secretary Title Approved as to Form: L Y, r nance um er �-. �, „,,,_ Approved as to Form: ounce r Counsel. I �22 `'\,2! 7A rq-•• '20 •_ is �'i::r. 23 J. IS,�° i� N C 2M1/� 7! ° • JO, 29 •t8 ..•17 -4 Q,i • o• ..9 xS• N• ] •!i .; `��29 1sA eOYDly LLE '•1 •J .• 77 .r .I f.i•. li Jl••�•. N 1 7)A 17 IM1 I JI 11 �JS: 36• 0 31... . \ ° ":a . / 1. ••,. ',:�. I \ V .S / ° �...�. -... ` •� •. ' S.• a (° .�' NN,� :'• '��,•� �• 10 It ° 0 • • • ,4 •R • 1 '7 IS IA ::1 I] 17 r I B 19 13• I 1 , 17 I..... , .. . U r•®' ••Y 6UTHRIE la"". G +r.• ',•.. • •.S ' Flo •6 TO ASHLAND E— Y • • ' • , \•�� ,-• ye �� Szl,....�.. zx 2s '• za 19 •zo d � zz; s.z .,!z3 •• --fza re 20 % .. t •: \/i • 20 :27 26, 3 J 0•. . LL •'cam •'� .•A ,•,•�.• , • 27 30 �..... 29 ° .••20 2t J x6 b 25\ 37 , • 2tl d , • ...rte, - ... .. ' _ ... a� — :° 0 '•.FAS 31 .36 •e: • .. • i J• PAS J2 3S e ox1E 4 •3i• • \ 'Ja N£W BLOCMREto<< ]2 36'PP A•• .. ;....ate 1. . : POP. 519 , n TeSN SF , 0• .� •3 x •I • �6r ' S • 3 •z• 1 'B• S• , YY J, •• •�•� :• ' B' \ 7 9 • IO •11 12 :ID •i j • 6 ,9. 10 11 i�•\12' r7 • 4 (� Ie 5 14 13"� • LAKE MYKEE •'` S• I6.J; IS ..I. 13 to • 17 is` • \ , • POP 180 im If . r 2A�• 22 I'�• R\ 19 e.20' 22 23 6 �..� 21 ''21 / •�"�• x � 21 DO FA Y�Y•' ♦ f 26 I• 27 N TS SUMMIT "••` �`y �• /• • 4i.veu• • 29 29 • 30 • •-� • • �L r.:F�: du 6" 29,y:;• S• 20 2Y' 25 L .,, • ••"/ .f POP. 2,54OI .!i' .. :y rj0 • \ v ••G6r d •• : r 3' SSS"' ...is t i tj�ti;:{{: , . t\•. J! j, '1: yqy -IL : ! 00U6HNER ,..• :'r vl�'i` iF!lt' •' : •SO\ J - G. c ..✓ 9 IRllw J3• '•.. ]9 r�. ...lS tf!'• SI o •• 32 ..% 3S Ur. !6 . ,/�• ,. :72 . TE09EI TASN a '`I T•'vI M, y,��yef!t• .III�`I''I 1, w f i v j• • l tPg• -,� I5 /yf#i GL:�.�.i.ft. i"1t i .• •� FAS q� •/ �A?t I r .�? 3 ��. h 2 e.+��: 1 ''• ' "� .,. • s a .,, ,•�s �� � •'� p •es • . tr•C R y %S'L AA SUR �1?. 'G,•Ii • J �.i � • f`((( . " ° i • tI} CEDAR Clri '1'; '{ r 6 "• ...•i. ..,.•�;,,..... , :9 • ^�.b t COTE SANS CIS ( Ll \ r.BC Y"} I!#u t:1 tI �! IS .`N 11 ♦ 10 IS' 17tl NI 13 1 I II�. `I 9.• !•. .I` ;suit L { ll{yl1l 'I f '2p6 SUR NwRI6N SUR+••. 061 a AGG I6. I ..27 567► ry0P 0 10 ES01 " 5 I''I{'II •11 SUR OUR Q 11901 JEFFERSON I:.r f+!t 24... ..BUR ... OUR ... , 12 OILY Li{ tr f I j 1♦1 277.O ,I;U A, I 270S 1690 Its , .....r. IN COLE CO. 37,09. IN CALL AA'1Y C0. 2S C O 'pf OF F SS 0 UR !