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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 . 1' f Passed:_ Approved: j A44 re ident of the Council a or Attest : City C erk i R Ij �l �I f �i 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 - 2 - 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; . 3 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. - 4 - 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. - S - 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. - 6 - 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 - 7 - 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 - 2 - • 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.