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Home My Public Portal AboutORD09278 i �9 BILL NO. AMk INTRODUCED BY COUNCILMAN ORDINANCE N0, AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY TO EXECUTE A WRITTEN UTILITY AGREEMENT AND EASEMENT FOR HIGHWAY. CONSTRUC- TION WITH THE MISSOURI STATE HIGHWAY COMMISSION ON ROUTE 50, COLE COUNTY. 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 an agreement for a written utility agreement and easement for highway construction with the Missouri State Highway Commission on Route 50, Cole County. SECTION 2 . Said agreement and easement 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. Passed: � / Approved: esi uncil May i ATTEST: r � C ty, 7// r ' Job No. 5-U-50-50 Route 50 Cole County, Missouri AML UTILITY AGREEMENT WhIVC Gf This agreement entered into by and between the CITY OF JEFFERSON CITY (herelnat'ter called "City") and the STATE OF MISSOURI% acting by and through the STATE HIGHWAY COMMISSION OF MISSOURI (hereinafter called "Commission"), WITNEEZBETH, THAT: WEEMS$ Commission proposes to construct and improve a section of State Highway designated as Job No. 5-U-50-50, Route 50, Cole County, in Jefferson City, in accordance with certain road plans on file in the office of the County Clerk of Cole County, Missouri, and WHEREAS, in order to improve said highway in accordance with said plans, it will be necessary to adjust certain City-owned utility facilities now located partly on private easement of the City in order to maintain the services of said City, such changes being generally shown in legend on plan marked "Exhibit A" and estimate of cost marked "Exhibit B" attached hereto and each made a part hereof. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: (1) City releases to Commission such right, title and interest which City may have in the right-of-way of said highway, as specifically described in a separate easement. (2) City agrees that the detail plan and estimate of cost for the required adjustment of City's facilities has been prepared in accordance with the pro- visions of Policy and Procedure Memorandum 30-4, dated October 15, 1966, and any amendments thereto which by reference are made a part of this agreement. City also agrees that the work will be performed in accordance with said memorandum. (3) After approval of said detail plan and estimate of cost by Commission and the Federal Highway Administration, City will proceed, upon notification by Commission, without unnecessary delay to make the changes in its facilities as shoran by said plan and estimate. City further agrees to notify Commission's District Engineer in writing five (5) days prior to beginning the work. (4) City shall develop the adjustment costs of the work by using the actual and related indirect costs accumulated in accordance with an established accounting procedure used by City in its regular operations and shall keep a detailed and accurate account of all labor, materials, supplies, incidentals, and other necessary costs involved in making such changes.. Commission's Resident Engineer in charge of said project, or any authorized agent of the Commission or the Federal highway Administration shall have access at all times to such City records. (5) Uty is not adequatdly staffed or equipped to perform all of this work and intends contracting portions thereof and will comply with Paragraph 6, sub- paragraphs b, c, d, and e, of Policy and Procedure Memorandum 30-4, relating to performing pant or all of the work by contract. (6) If any substantial change is made in the original plan and extent of the work, City agrees that reimbursement therefor shall be limited to costs covered by a supplfinental agreement or change order having approval of the Federal Highway Administration PRIOR to the performance of the Work, as set out in paragraph 7f of Policy and Procedure Memorandum 30-4. (7) Upon completion of the work provided for herein, City shall remove all leftover materials and debris resulting from the work and leave the right-of-way in a neat, workmanlike condition, free of holes, mounds of dirt, or other objectionable material. (8) At all times when work is being performed by City under such conditions as will affect traffic on the public highways, City shall display warning signs, .-2- a ' barriaadee, flags, light and/or flares as circumstances may require and shall employ and use a flagman when required for safety to the traveling public. (9) The total cost of the work to provide for the highway construction is estimated to be $31,962.10. Commission's obligation toward the cost of the work under this contract shall be 88.81 percent of the actual cost for the trunk line work, which is estimated to be $22,425.87; 100 percent of the actual cost for Line "All, which is esbimatted to be $49118.38, 100 percent of the actual cost for plugging the lateral connection to 2803 Kenborg dills, which is estimated to 'be $450.000 100 Percent for extension of SD Igo. 1168 and lateral. for 2820 South Ten Mile Drive, which is estimated to be $1,333.25 and 100 percent for extension of Line "B", which is estimated to be $808.96. Commission's total obligation is now estimated to be $29,136.46. Commission's obligation shall extend only to those AM costa incurred pursuant to the*provisions of Policy and Procedure Memorandum 30-4. Upon completion of the work in accordance with said plan and estimate of cost, the Commission will promptly reimburse City for 90 percent of Commission's obligation when seven copses of a. detailed statement of costs are submitted to Commission.. Upols completion of an audit of City's statement and supporting records, the Commission will reimburse City for the balance of Commission's obligation. If an audit reveals that City has been overpaid, City will immediately refund to Commission such overpayment. i? It is further provided that, upon City's request, Commission will make progress payments to City for 90 percent of Commission's share of the work performed, when five copies of a progress payment invoice are submitted and verified by Commission's Resident Engineer. Progress payment(s) will not be made more often than monthly and shall not exceed 90 percent of Commission's total estimated obligation. Detailed statement of costs are not needed with progress payment invoices. 4 ' -3- 7, r," r. T,y i IN WITNESS WHEREOF) the parties hereto have caused this agreement to be executed by their duly authorized officials. Executed by City this lVr "" day of _, 1979. Executed by Commission this _ day P , 1979. THE CITY OF JEFFERSON CITY THE STATE OF MISSOURI ACTING BY AND THROUGH THE STATE HIG101AY COMMISSION OF MISSOURI ATTEST: ATTEST: it erk Secretary to Missouri State Highway Commission APPROVED AS TO FORM: By Assistant Counsel e 'a" • ACKNOWLEDGMENT BY COMMISSION STATE OF-MISSOURI ) ) ss. COUNTY OF COLE ) On this dray of , 1979, before me personally appeared , to me known, who, being by me duly sworn, did say that he is the -� of the STATE HIGHWAY COMMISSION OF MISSOURI Y, e►nd that the seal affixed to the foregoing instrument is the official seal of said Commission, and that said instrument was signed and sealed in behalf of said Com- mission by authority of the State Highway Commission and said acknowledged said instrument to 'be the free act and deed of the said Commission. , In Testimony Whereof, I have hereunto set my hand and affixed my official seal, at any office in Cole County, the day and year first above written. Notary Public My Commission expires