HomeMy Public PortalAboutORD08704 t •
R� r
i` BILL NO.
INTRODUCED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
I AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A
FEDERAL AID URBAN PROGRAM AGREEMENT WITH THE MISSOURI STATE
HIGHWAY COMMISSION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS :
SECTION 1. The Mayor and Clerk of the City are hereby
authorized and directed, for and in the name of the City, to
execute a Federal Aid Urban Program agreement with the Missouri
State Highway Commission.
SECTION 2 . Said agreement shall read in words as follows :
(SEE ATTACHED)
SECTION 3. This ordinance shall take effect and be in
force from and after its passage and approval .
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Passed:_ Approved:
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re ident of the Council a or
Attest :
City C erk
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City of Jefferson City
Municipal Agreement
FEDERAL AID URBAN PROGRAM AGREEMENT
This Agreement, made and entered into by and between the State Highway Commission
of Missouri, herein called "Commission," and the City of Jefferson City, a municipal corporation
in the State of Missouri, in the County of Cole, herein called "City,"
WITNESSETH:
The parties desire to inaugurate and carry on a program for the development and
improvement of main roads and streets that currently, or when built, will function as higher
echelon traffic facilities within the City under the Federal Aid Urban Program.
The Federal Government has appropriated funds to be used in the financing of Federal
Aid Urban Program improvements. Said funds have been or will be allocated to Missouri and
other states on the basis of the population within specific urban areas. Funds allocated to Missouri
under this program will be .ceallocated among the urban areas within Missouri on the basis of
population within the specific ixrban areas. Under present revised policies the maximum Federal
allocation of Urban Program funds to a political subdivision for a particular FAUP Improvement
is 70%u of the designated costs of an improvement as•set out herein with the City bearing the
remainder of the actual construction costs of Federal Aid Urban Projects. It is understood that
the present policies governing the participating ratios of the Federal Government and City may
be changed as to specific projects in the future.
In consideration of the mutual promises and covenants herein contained,to be faithfully
kept and performed by the parties hereto, and each of them, it is agreed as follows:
1. The Commission has adopted policies and procedures in accord with pertinent
Federal laws and implementing regulations for the initiation and conduct of an Urban Program.
2. City is desirous of acquiring Federal funds for improvement of its major city traffic
arterial and collector routes and have, or will undertake as provided herein, appropriate programs,
schedules, and procedures to qualify for allocation of such funds.
3. The parties recognize that the Federal Aid Urban Program contemplates, for the
most part, a system of major traffic arterial and collector routes within City selected by City
(or an Agency of City) and concurred in by the Commission, subject to approval by the Federal
Highway Administration.
4. All undertakings hereunder by the parties will be in accordance with applicable
Federal Aid highway laws and regulations, including but not limited to Sections 103, 106, and
134, Title 23 U.S.C. (Pub. L. 91-605, 84 Stat. 1734, Fed., Aid Highway Act of 1970 and Pub.
L. 93-87, 87 Stat. 250, Fed. Aid Highway Act of 1973), and Federal regulations implementing
them, and Sections 4321, 4331-4335, 4341-4347, Title 42, U.S.C., the National Environmental
Policy Act of 1969 (Pub. L. 91-190, 83 Stat. 852). Commission's obligation shall be limited
to that set out in paragraph 10, unless otherwise altered by Commission policy. All undertakings
shall be in accordance with Federal statutes and regulations relating to the conditions under which
the Federal Government will participate in the cost of streets, highways, and roads, including,
but not limited to,civil rights, nondiscrimination in employment, equal employment opportunities,
nonsegregated facilities, wage rates, anti-collusion, anti-kickback, posting of notices, inspection,
retention of records, and warranties against contingency fees.
5. The parties do hereby approve and enter into this agreement .-elative to a Federal
Aid Urban Program in the city area.
6. The parties will proceed in full accord with its provisions in the execution of a
Federal Aid Urban Program.
7. The Federal Aid Urban Program for Jefferson City will, among other things,
establish a Federal Aid Urban System for Jefferson City, and establish an improvement program
and schedule to be followed. City will select a list of projects, to be concurred in by the
Commission, within the urban area and establish priorities for the scheduling of the said projects
within the urban area boundaries. City will use as criteria for said selection the provisions of
the Federal Aid Highway Act of 1973 and any regulations promulgated pursuant thereto by the
Federal Highway Administration.
8. The limits of the Federal Aid Urban System for Jefferson City, will correspond
to its geographical area as encompassed by the urban area boundaries of Jefferson City as fixed
® cooperatively by the parties subject to approval by the Federal Highway Administration.
9. The City will select the high traffic volume arterial and collector routes to be
included in the Federal Aid Urban System, to be concurred in by the Commission, subject to
approval by the Federal Highway Administration. It is understood by the parties that Federal
Aid Urban System projects will be limited to the said Federal Aid Urban System, but that streets
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and arterial routes may be added to the Federal Urban System, including transfers from other
Federal Aid Systems.
10. In assisting in the Federal Aid Urban Program, Commission will:
(a) Provide necessary review of the plan and coordinate with the Federal Highway
Administration;
(b) Designate the approved project as a part of the State Highway System as
required by applicable laws, rules and regulations relating to the work contemplated by Section
106 of the Federal Aid Highway Act of 1970 with amendments thereto and policies and procedures
adopted thereunder.
(c) Assist the City at City's cost in the acquisition of necessary right-of-way and
the determination of relocation assistance eligibility of displaced persons where necessary to assure
full compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 19?0 (42 U.S.C., Section 4601 et.. seq.).
11. (a) City agrees to furnish annually, upon request from Commission or Federal
Highway Administration information concerning conditions on streets included in the FAUP
System under local jurisdiction indicating miles of systern by pavement width,surface type, number
of lanes and traffic volume category.
(b) City agrees to inventory and inspect all bridges on that portion of the Federal-aid
highway systems under the jurisdiction of the City in accordance with the Federal Special Bridge
Replacement Program, as set forth in Title 23 Section 144 United States Code, and applicable
amendments thereto, or regulations promulgated thereunder.
12. It is understood and agreed by and between the parties that costs incurred in
connection with any projects for improvement under this Federal Aid Urban Program will be
shared as follows:
(a) Initially City shall pay 100%of all costs of projects included within the Federal
Aid Urban System. City shall subsequently be reimbursed as hereinafter set out;
(b) The United States Government shall provide Federal Aid Urban funds as
reimbursement for each such project within City's Federal Aid Urban System up to 709o' of the
following items:
Preliminary Engineering;
Right-of-way;
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Utility Adjustments;
Construction Engineering; and
Construction Costs.
Said payment shall be paid by the United States Government through Commission to City on
completion of the final audit by the Federal Highway Administration and Commission of all
expenditures incurred by City. Any progress payments required by this agreement shall be limited
to 80% of the estimated total of the Federal Highway Administration's shares and the balance
shall be paid on completion of the final audit.
13. It is widerstood and agreed to by the parties hereto that funds allocated by the
Federal Government for any project within City under its Federal Aid Urban Program shall be
committed within one year after the close of the fiscal year for which said funds were allocated.
14. Following selection of the Federal Aid Urban System and approval thereof by
the Federal Highway Administration, the City will apply through Commission's District Engineer
for project improvement in accordance with the Federal Aid Urban Program, and within the
available funds allocated City for the project.
15. In connection with the project, the City shall provide preliminary plans and
specifications, and make an estimate of costs, and upon approval of the project will hold public
hearings as required by Federal law and regulations. City shall secure any necessary right-of-way,
pay any relocation costs in connection therewith, arrange for the removal, by demolition or
otherwise, of improvements located within the acquired right-of-way limits, advertise for bids,
award the contract, provide for necessary adjustment and relocation of utility facilities, conduct
supervisory engineering and inspection service, pay the contractor in accordance with the terms
of the contract, and assume general responsibility for all public information and public relations
in connection with the project.
16. With respect to the acquisition of right-of-way necessary for the completion of
projects within the City's Federal Aid Urban System, City agrees that it will comply with all
applicable federal laws and regulations propounded thereunder, including Section 4601 through
4655, Title 42 U. S. C. (Public L. 91-646, 84 Stat. 1894, the Uniform Relocation Assistance
and Real Property Acquisition Act of 1970), any amendments thereto or regulations promulgated
pursuant thereto.
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17. City shall assure that representatives of the State and the Federal Highway
Administrabon shall have the privilege of inspecting and reviewing the work being done by the
roadway contractor on any Federal Aid Urban System project.
18. The City shall also assure that roadway contractor, and all his subcontractors, if
any, maintain all books, documents, papers, and other evidence pertaining to cost incurred in
connection with any Federal Aid Urban Program contract, and make such materials available
at such contractor's office at all reasonable times during the contract period, and for three years
from the date of final payment under the contract, for inspection by the Commission, Federal
Highway Administration or any authorized representatives of the Federal Government and the
State of Missouri, and copies thereof shall be furnished, upon request, to authorized representatives
of the Commission, State, Federal Highway Administration, or other Federal agencies.
19. Following completion of the contract, or during performance of the same as
directed, the City will submit vouchers to Commission's District Engineer for reimbursement by
the Federal Highway Administration as hereinbefore set out.
20. Prior to construction on a project, Commission will take into the State Highway
System the portion of the city street or streets being improved. Upon completion of construction,
Commission will relinquish to the City and City will accept control and maintenance of the streets
and lighways improved under any Federal Aid Urban Program project, and City will thereafter
keep, control, and maintain the same, as and for all purposes a part of its municipal street or
highway system, at its respective cost and expense and at no cost or expense to Commission.
21. Parties agree that all construction under the Federal Aid Urban Program for City
W'.111 be constructed in accordance with current Missouri State Highway Department design criteria
for urban construction until such time as separate standards for the Federal Aid Urban System
have been cooperatively developed by the City and Commission and have been approved by the
Federal Highway Administration.
22. The City shall adequately maintain and operate the completed improvements within
their respective areas and to this end will either establish and maintain a traffic engineering unit
or provide other means for the proper maintenance and operation of the completed improvements
or will provide other means acceptable to the Commission for assuring proper maintenance and
operation.
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23. It is the intent of the parties hereto that City retain its police powers with respect
to the regulation of traffic within the area of any Federal Aid Urban Program improvement inside
their respective jurisdictions. However, City will enact, keep in force, and enforce only such
ordinances or regulations relating to traffic movements and parking restrictions as may be approved
by Commission and the Federal highway Administration, such ordinances and regulations being
designed to facilitate the full and free use of the throughway within the Federal Aid Urban
System, including but not limited to:
(a) Prohibiting angle parking;
(b) Adequate regulation or prohibiting of all parking at locations where and when
the pavement area usually occupied by parked vehicles will be needed to carry active traffic
upon or into the street or highway.
24. The City further agrees that the right-of-way provided for any Federal Aid Urban
Program improvement will be held and maintained inviolate for public highway or street purposes,
and will enact and enforce any ordinances or regulations necessary to prohibit the presence
of billboards or other advertising signs or devices and the vending or sale of merchandise on
such right-of-way, and will remove or cause to be removed from such right-of-way any sign, private
installation of any nature, or any privately-owned object or thing which may interfere with the
free flow of traffic or impair the full use and safety of the highway or street.
25. The City agrees that it will not repeal, change or modify any ordinances or
regulations relating to the regulation of traffic movements, parking restrictions, or use of the
highway right-of-way enacted hereunder without prior concurrence of the Commission and the
Federal Highway Administration. It is understood and agreed that if the City fails to fulfill
its responsibility with regard to enacting, enforcing, and keeping in force such traffic, parking,
and highway-street use ordinances or regulations, such failure will disqualify City from future
Federal aid participation on any project for which the City has maintenance responsibility.
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed
by their respective officers. The City executes this instrument pursuant to Ordinance No.
-jS764;1 of said City, approved the day of 1975
Executed by Commission the day of 1975 r
Executed by City the 4115 day of n 197$
STATE HIGHWAY COMMISSION OF MISSOURI
ATTEST: (SEAL) By
Chairman
IGG-<1
S r tary
APPROV AS TO FO
t CITY OF JE FERSO ITY, MIS RI
ATTEST: (SEAL) By L
Mayor
ity Cleric
APPROVED PAS TO FORM:
City Attorney
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r"y CON'T'RACT FOR PUBLIC WORK
• . .
. THIS CONTRAC'T', made and entered into this �� _ day of ,
Zq2 , by and between John G. Christy, President of the City Council of the
City of Jefferson , Missouri, a municipal corporation of the third class of
the jUate of Missouri, Party of the First Part , and who acts for and on be-
half f the City of Jefferson, WILLARD STOCKMAN CONSTRUCTION COMPANY
Party of the Second Part, WITNESSETH:
THA'T', WHEREAS , the City Council of the City of Jefferson, Missouri,. did
on the day of , 19 award to the Party of the
Second Part, WILLARD STOCKMAN CONSTRUCTION COMPANY the contract
for the improvement of LANDWEHR-GRONER SANITARY SEWER
NOW, THEREFORE, for and in consideration of the awarding of this con-
tract and the work thereunder by said First Party hereto, the City of
Jefferson, Missouri, to the Second Party, WILLARD STOCKMAN CONSTRUCTION
COMPANY
the said Second Party does hereby contract
and ree to do and perform said work, above specified and referred to, for
the allowing prices and to accept in payment therefor monies now in the
treasury of the First Party, upon the acceptance of said work by the City
Council of the said City of Jefferson .
UNIT
QUANTITY CLASSIFICATION PRICE AMOUNT
1968. 68 lin. .ft. '`• 8" Sanitary Sewer 3. 60 $ 7,087. 25
809 .68 lin. ft. Ditching � Backfilling, 0 ' -6 ' 2 .40 1,943 . 23
867 lin. ft. Ditching & Backfilling, 6 ' -8 ' 2 . 75 2, 384 . 25
178 lin. ft. Ditching & Backfilling, 8 ' -10 ' 3. 20 569 . 60
.114 lin. ft. Ditching & Backfilling, 10 ' -12 ' 4 . 00 456 . 00
610 each Standard Manhole, 0 ' -6' 370 .00 2 , 220 . 00
12.75 vent. ft. Additional Depth of Standard
Manhole 25. 00 318. 75
65 lin. ft. P. C. C. Encasement 7 . 00 455 .00
2 each Standard Outside Drop Manhole
( M. H. 0 ' -61 ) ( Drop 0 ' -21 ) 450 . 00 900 . 00
5.60 vert. ft. Additional Depth of Outside
Drop 4 . 00 22. 40
10 cu. yds . Class A Rock Excavation 40 . 00 400 .00
TOTAL $160756. 48
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•
Upon completion of the work, readjustments in the contract price shall
be made according to actual measurements and at the price per unit specified
in the contract .
0
NOW, BY THESE PRESENTS , it is agreed and understood by the parties
hereto, that this contract is entered into subject to all existing ordinances
of the City of Jefferson pertaining to the work awarded and subject to the
plans and specifications and estimates of the costs for such work on file in
the office of the City Clerk, and which shall be considered a part and parcel of
this contract ; that all questions arising as to the proper performance of this
contract of such work in accordance with the plans and specifications therefor,
and estimates thereof, shall be decided by the Director of Public Works of
the City of Jefferson, Missouri, or by such competent person appointed by the
Mayor and the City Council of the City of Jefferson to supervise and superin-
tend said work in the place of and instead of such Director of Public Works ;
that in the case of improper construction , the City of Jefferson reserves the
right at any time to suspend, re-let or order an entire reconstruction of the
wor that Contractor agrees to commence work on or before a date to be
specified in a written "Notice to Proceed" and to fully complete the project
within 75 _ consecutive calendar days thereafter. The City
reserves the right at any time to suspend, re-let or order an entire recon-
struction of the work awarded and to declare the contract forfeited; but that
such suspension, re-letting or reconstruction or forfeiture shall not affect
the right of the City to recover all damages and penalties accruing or due
it by reason of the Cc/ntractor `s non-compliance with this contract . Liquidated
damages of $25 . 00 __ per day will be assessed against the Contractor for
each day the work remains incomplete following the completion date or extension
_thereof.
The Second Party agrees to pay all classes and crafts of labor used
in the performance of this contract the prevailing hourly rate of wages
as rmined by the Department of Labor and Industrial Relations and
Second Party acknowledges that he knows the prevailing hourly rate of
wages for all the classes and crafts of labor to be used in the performance
of this contract because he has obtained the prevailing hourly rate of
wages from the contents of Special Wage Determination No. 21719 A , in which
the rate of wages are set forth.
The Contractor further agrees, as the Second Party, that he will keep
an accurate record showing the names and occupation of all workmen employed
by them in connection with the work to be performed under the terms of this
contract, which record shall show the actual wages paid to each of said
workmen in connection with the work to be performed under the terms of this
contract, and agrees further that the aforementioned accurate record shall be'
available and open at all reasonable hours for the inspection by the Director
of Pic Works or any other authorized employee of the City of Jefferson,
Missouri . In compliance with the Prevailing Wage Law, as Amended in Sections
290. 210 to 290. 340 inclusive, Revised Statutes of Missouri, 1969, effective
October 13, 1969, not less than the prevailing hourly rate of wages in the
0efferson City area shall be paid to all workmen performing work under this
contract, Section 290. 250. The Contractor shall forfeit to the City Ten
Dollars ($10.00) for each workman employed, for each calendar day, or portion
thereof, such workman is paid less than the stipulated rates for any work
done under said contract:, by him or any subcontractor under him. Section
290.2&0.
1p
The Second Party agrees to completely indemnify and hold harmless the
City of Jefferson, for any and all damages, injuries , actions, costs,
attorneys ' fees and all other expenses whatsoever, arising out of the
performance of said work whether the property or persons damaged are the
servants and employees of the Second Party, or third parties in no manner
connected with said work. All interlineations, corrections, deletions and
changes herein have been made prior to the execution of this contract .
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals this day of ��,, 9-z:i-
Aftk
CITY OF JEFFERSON, MISSOURI
(By)
This contract, executed in duplicate, one copy being deposited in
. .the Q&fice of the City Clerk of the City of Jefferson, and the other
'beingWetained by the party of the Second Part.