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
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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
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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
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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.
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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.
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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.
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