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HomeMy Public PortalAboutORD08971 r • o BILL NO. INTRODUCED BY COUNCILMAN � � r ORDINANCE NO. kq-7� c AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A ! WRITTEN AGREEMENT WITH THE MISSOURI STATE HIGHWAY COWIISSION RELATING TO THE PAVEMENT MARKING PROGRAM. I 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 an in the name of the City, to execute an agreement with the Missouri State Highway Commission i relating to the Pavement Marking Program. i SECTION 2 . Said agreement shall read in words and figures as follows : (SEE ATTACHED) SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. f Pas se-d: 7V Approved: g �� !! P sident o Council Ma or 1 f� ATTEST: i 1 i City C1 '' k i l� l 'f �i ! i� i I ff( �9 f e City of Jefferson City Pavement Marking Demonstation Program Agreement Highway Safety Act of 1973 AGREEMENT $�, �9I/ This Agreement, made and entered into by and between the State Highway Commission of Missouri, hereinafter called "Commission," and the City of Jefferson City, a municipal corporation in the County of Cole, State of Missouri, hereinafter called "City," WITNESSETH: Section 205 of the Highway Safety Act of 1973 and subsequent amendments(23 U.S.C., Section 151) authorized and provided certain funds for the establishment of Pavement Marking Demonstration Programs in the several states to improve the pavement marking of certain highways to provide for greater vehicle and pedestrian safety. The Commission presently intends to participate in the Pavement Marking Demonstration Program and is developing and will submit to the Federal Highway Administration, a program of proposed pavement marking projects which conform to the policies and procedures promulgated in Volume 8, Chapter 2, Section 1, Sub-Section 5 of the Federal-Aid Highway Program Manual by the United States Department of Transportation, Federal Highway Administration under authority of Section 205 of the Highway Safety Act of 1973 (23 U.S.C., Section 151). The City is desirous of having included in the Commission's program a pavement marking project for certain highways located in rural and suburban sections of Jefferson City and has heretofore submitted to the Commission its proposal for a pavement marking project. The Commission is agreeable to inclusion of the City's proposed pavement marking project as part of the Commission's program for submission for approval to the Federal Highway Administration. In consideration of the mutual promises and covenants herein contained to be faithfully kept and performed by the parties and each of them, it is agreed as follows: 1. The Commission is developing and will submit to the Federal Highway Administration for approval and funding a program of proposed Pavement Marking Projects including the City's proposed project. 2. Upon approval of the Federal Highway Administration of the Commission's Pavement Marking Program and receipt by the Commission of authorization to proceed, the Commission will notify the City that Pavement Marking Demonstration Funds are available and that the City may proceed with its Pavement Marking project. I The City shall apply all pavement markings with City forces as set forth herein for an estimated one (1) application or as is necessary to enable the effectiveness of the markings to be evaluated during a period of 2 years. However, any renewal of said markings shall be done only with prior written approval. The renewal of pavement markings which were not applied under the Pavement Marking Demonstration Program and the cost of data collection, analysis, or evaluation shall not be included as part of the City's pavement marking program. 4. The City hereby agrees to perform all required pavement markings for the following consideration: a. $0.1915 per lineal foot of 4" thermoplastic white line centerline markings; b. $0.1885 per lineal foot of 4" thermoplastic yellow line centerline markings. S. The Commission hereby agrees to reimburse the City for marking pavements on the basis of the number of lineal feet of yellow and white centerline markings, and white intersectionmarkings actually completed by the City and for the charges set out herein, but with limitation on total reimbursements of $62,120.47. 6. Upon completion of the initial marking and each of the necessary and reimbursable pavement marking renewals, the City shall present to the Commission a certified statement containing the following information: a. Identification of the portions of the streets and highways upon which initial or renewal pavement markings have been performed and for which reimbursement is being sought, b. The number of lineal feet of each type of marking performed on each of the streets or highways listed in sub-paragraph a above, C. The amount claimed as being due the City pursuant to the terms of this agreement, d. A statement certifying that all markings for which reimbursement is requested were placed in accordance with the 1971 edition of The Manual on Uniform Traffic Control Devices. - 2 - 7. The City shall maintain adequate field records for documentation and audit purposes. These records shall be available at the City's offices at all reasonable times during the period of the Pavement Marking Project and for 3 years after the date of the final payment of reimbursement funds to the City. Field records shall include the following items: a. Initial markings 1) Date of markings 2) Location of markings (street or highway) 3) Type of markings (centerline, etc.) 4) Actual measurement of markings to nearest foot. b. Subsequent renewals 1) Date of markings 2) Location of markings (street or highway) 3) Type of markings (centerline, etc.) ® 4) Actual measurements are not necessary unless a change has occurred in the initial markings. Such accounting records, field documentation, and other evidence pertaining to the eligible costs incurred will be made available for inspection by the Commission, the Federal Highway Administration, or any authorized representatives thereof, and copies of documents shall be furnished if requested. The Commission and the Federal Highway Administration shall have the right to inspect all work both during performance and upon completion. The Federal Highway Administration will inspect said project in accordance with paragraph 8 of Volume 6,Chapter 5, Section 2 of U.S. Department of Transportation, Federal-Aid Highway Program Manual,and final acceptance procedures will be given by that paragraph. 8. The streets to be marked, location of markings, descriptions of existing markings, proposed marking layouts, street widths, type of parking allowed, and average daily traffic volume data if available on each included highway, are set forth in an attachment hereto marked "Exhibit A" and made a part hereof by reference. 9. The City warrants that none of the highways included in the project which it proposed are presently marked in conformity with the pavement marking standards set forth in the 1971 edition of The Manual on Uniform Traffic Control Devices. - 3 - • 1 10. City agrees to comply with the following specifically set out requirements in performing said pavement marking project. a. The marking standards specified in the 1971 edition of The Manual of Uniform Traffic Control Devices including the standards for pedestrian crosswalks and stop lines will be followed where applicable. b. Any centerline markings must consist of one of the three types specified in Section 3B-1 of the 1971 edition of The Manual on Uniform Traffic Control Devices. Centerline markings must be applied to a highway which: 1) Has a pavement surface that is 16' wide or wider; and 2) Carries an average daily volume of 250 vechiles or more. C. Edgelines: Except as otherwise provided by the Federal Highway Administration, edgelines as prescribed in the 1971 edition to The Manual on Uniform Traffic Control devices must be applied to a highway which: 1) Has a paved surface that is 20' wide or wider; and 2) Carries an average daily traffic volume of 250 vehicles or more. d. In general, highway traffic paint and reflective beads should be used as pavement marking materials on said project. However, other types of pavement marking materials may be used in accordance with paragraphs 9c and 9d of the U.$. Department of Transportation, Federal-Aid Highway Program Manual, Volume 6, Chapter 8, Section 3, Sub-Section 1. 11, The City shall make a report on or before July 1, 1977, to the Commission and annually thereafter on the progesss made by the City in implementing its proposed pavement marking project and the effectiveness of the improvements made under said project. Said report shall include: a. An analysis and evaluation of the change in number, rate, and severity of accidents on highways which have been marked as part of the City's project. • b. The cost benefit ratio of pavement marking improvements under the City's project, comparing the results during a period of time after application of the new markings which is adequate to enable proper assessment of the benefits of the new markings with data pertaining to similar period of time before application of new markings. - 4 - c. Completion of Federal Highway Administration Form 1415 which may be reproduced locally. Data relating to City's pavement marking project should be included in its report for at least 2 years after data relating to said project is initially reported. 12. During the performance the pavement marking program as set out herein, the City agrees to comply with the provisions of Title VI of the Civil Rights Act of 1964, and the Notice to Contractors: Compliance with Title VI of the Civil Rights Act of 1964 for Federal Aid Contracts which is attached hereto, marked "Appendix A" and made a part of this agreement by reference. The City further covenants that in connection with performance of the terms of this contract, it shall not engage in employment practices which are discriminatory based on race, color,religion, creed, national origin,sex,or age, as per Article VII of the Executive Order issued by the Honorable Christopher S. Bond, Governor of Missouri, on September 10, 1973. Written notice of these commitments shall be given to any labor union with which the City has bargaining or other ® agreements. Discrimination in any of the hereinbefore outlined areas shall be regarded as a material breach of this agreement. - 5 - IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed ® by their respective officers and the Ciily executes same pursuant to Ordinance No. 7/, of said City, approved on the 0• day of 1977. Executed by City the day M 197 7. Executed by Commission the 3 o day of 197, . 4v--1 STATE HIGHWAY COMMISSION OF MISSOURI ATTEST: (SEAL) By Chairman Ad&QQWC e�e 4 ��t�L6G Secretary APPROVED AS TO FORM: Counsel CITY OIL J N CITY, MISSOURI ATTEST: (SEAL) By Mayor Ci Clerk APPRO AS TO FORM: r City Att ey' i . 6 - APPENDIX A ® NOTICE TO CONTRACTORS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: (1) Compliance with Regulations: The contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements Of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities. as may be determined by the State Highway Commission of Missouri or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Commission, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the State Highway Commission shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Commission of Missouri or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. - 2 - APPENDIX B " ® ' ARTICLE III Affirmative Action Program Affirmative action requires more than vigilance in the elimination of discriminatory barriers to employment on the grounds of race, color, rbligion, creed, sex, national origin or ancestry. it must also entail . p ositive #nd a gg ressi ve measures to insure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, • and• rate of compensation. Therefore, not later than sixty (60) days after the effective date of this order, all appointing authorities and state agencies in the executive branch of government shall promulgate and file with the Office of Administration an unambiguous and written Affirmative Action Program. Each Affirmative Action Program shall contain procedures, goals, and time specifications for instituting affirmative and positive employment practices to promote and guarantee equal employment opportunites. J ' ,