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Home My Public Portal AboutORD15269 BILL NO. 2014-16 SPONSORED BY COUNCILMAN Scriv,�ner ORDINANCE NO. 15 J9/ `�iv/ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE RECONSTRUCTION OF A PORTION OF LAFAYETTE STREET. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Missouri Highways and Transportation Commission for the reconstruction of a portion of Lafayette Street. 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. /p Passed: Iq )-1 Approved: Presiding Offs Mayor ATTEST: , __ APP VED AS TO FORM: ty Cle :' City Counselor CCO Form: MT18 Approved: _1.D/98 (RMH) Revised: .02/11 (ASB) Modified: P-l/1241 1 Route: 50-63 County: Cole Job No,: J5P0820D MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION IMPROVEMENT OF CITY ROADS AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Jefferson, a municipal corporation in the State of Missouri (hereinafter, "City"). WITNESSETH: WHEREAS, the Commission will be performing the following highway construction project: Grading, drainage, paving and bridges to improve capacity on Route 50-63 from Monroe Street to Clark Avenue and construct a new interchange at Lafayette Street (Project Number J5P0820D); and WHEREAS, the City has requested that improvements to certain City roads be included in the Commission's construction contract; and WHEREAS, the City agrees to prepay the Commission one hundred percent (100%) for the cost of all labor and materials for all of the improvements that the Commission will be performing to the specified City roads: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) RESPONSIBILITIES OF COMMISSION: The Commission agrees as part of its highway construction contract as specified above to include the following specified work to the following specified City roads: Lafayette Street - Grading, drainage, and paving on Lafayette St. from Station 10+60 to Station 13+30, a point approximately 145 feet south of the intersection of Lafayette St. and McCarty St. [see Exhibit A] (2) RESPONSIBILITIES OF CITY: The City agrees that within five (5) days before the Commission's advertising of its highway construction project for bid, it will prepay to the Commission one hundred percent (100%) of the total cost of the requested work to the City routes, which shall include the cost for all contractor payments to complete such work. The currently estimated cost for the requested work is one hundred forty thousand four hundred dollars ($140,400.00)[see Exhibit B]. Such deposit shall be made payable to the Missouri Department of Transportation - Local Fund. If the City fails to prepay to the Commission the amount specified in Exhibit B, within the specified time frame, the Commission may terminate this Agreement at its sole option. (3) COMMINGLING OF FUNDS: The City agrees that all funds deposited by the City pursuant to this Agreement with the Commission may be commingled by the Commission with other similar monies deposited from- othee:sources. Any deposit may be invested at the discretion of the Commission in such investments allowed for other state funds. All interest income shall be payable to the fund and credited to the City on its pro rata share of the investment. If the amount deposited with the Commission shall be less than the actual obligation of the City for this project, the City, upon written notification by the Commission, shall tender the necessary monies to the Commission within thirty (30) days of such written notification from the Commission. Upon completion of the project, any excess funds or interest credited to the City shall be refunded to the City. (4) USE OF RIGHT OF WAY: The City agrees to allow the Commission to use its right of way to perform the work to the specified City roads. (5) COMMISSION REPRESENTATIVE: The Commission's Central District Engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (6) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (7) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (8) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (9) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the City and the Commission. (10) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations or for convenience by providing the City with written notice of cancellation. Should the Commission exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the City. (11) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and have 2 been duly authorized, directed and empowered to execute this Agreement. (12) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Commission and the City. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this / day of Ma/7, 20 /4 Executed by the Commission this ( day of Wimr , 20d MISSOURI HIGHWAYS AND TRAN '0 ATION CMISSION CITY OF JEFFE' 44,. i 0/ Il Title Assistant Chief Engineer ATTEST: Title / ATTEST: By Title Approved as to Form: By Title C-; PoLtie‘Selba Ordinance No. 152 1 t 'f�,1 '-. `-x by 'J •'• : -. "" t✓_ V= r-• , lY' i Y �J • }, •� n •• is.-{ E. MCCARTY ST. _,t al MI ri 1 - 47, '1S Aaa3H3 J 1�1 ' 1'I , I r—_.S� '.11 Nos 3A4r d0 AlI3 3H1 x9 if0 O I Vd 39 01 SiN3I' 3AQ_k1l411 '1S 3113AV2V1 j I I '‘‘,,,N, N.. iv* *..v."+,- 1•, �`� --- 0 0 a 1 I;- -1 jl 11 I, T-1 I„', It I• r, , 1 I .1-1 f / '1S 11VHSaV11 MILLER ST. F-• 0 r_t Vogio as.a_ 0 In cr It RAMP 2 IEB Off} 2 EXHIBIT B ESTIMATE COST BREAKDOWN Project Name: Lafayette St. Interchange MoDOT Job Number: J5P0820D Description: Grading, drainage, and paving on Lafayette St. from Station 10+60 to Station 13+30, a point approximately 145 feet south of the intersection of Lafayette St. and McCarty St. Total Cost Estimate for Lafayette St. work: 270 linear feet-X$520/linear feet = $140,400.00 How are overruns and underruns handled? All overruns will be paid by the City of Jefferson. Underruns will be refunded to the City of Jefferson. 4 BILL NO. 2014-16 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. i i-gle 4 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE RECONSTRUCTION OF A PORTION OF LAFAYETTE STREET. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Missouri Highways and Transportation Commission for the reconstruction of a portion of Lafayette Street. 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: Presiding Offi 1 _ ATTEST_ . -, - �1 .J APPRDVED AS TO FORM: City Counselor