HomeMy Public PortalAboutORD15326 BILL NO. 2014-70
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. I 3-24
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A MUNICIPAL AGREEMENT WITH THE
MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE INTERCHANGE OF
HIGHWAY 50/63 AND 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 a municipal agreement with the Missouri Department of Transportation for the
interchange of Highway 50/63 and Lafayette Street and associated work.
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: se "/ /� Approved: lC/�7j7
Presiding Offic:. Mayor r
ATTEST: APPROVED '•S TO FORM:
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CitY � • tY Cle - ; Counselor
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CCO Form: DE11 Municipal Agreement
Approved: 04193 (CEH) Routes: 50-63/Clark Avenue
Revised: 03/10 (MRA) County: Cole
Modified: Job No.: J5P0820D/J5P3015B
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
MUNICIPAL AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and the City of Jefferson, Missouri, a
municipal corporation (hereinafter, "City").
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
(1) IMPROVEMENT DESIGNATION: The public improvements designated
as Route 50-63 (Rex Whitton Expressway), Cole County, Job No. J5P0820D and Clark
Avenue, Cole County, Job No. J51?301513 shall consist of grading, drainage, pavement,
bridges, interchange, signals, lighting, signing & sidewalks.
(2) IMPROVEMENT WITHIN CITY: The improvements within the City are
located as follows:
J5P0820D - Route 50-63 (Rex Whitton Expressway):
Beginning at Station 34+75, a point approximately 61 feet east of the Monroe
Street intersection, run in a generally easterly direction along existing Route 50-
63 to Station 70+00, a point approximately 1,023.9 feet west of where the
centerline of existing Route 50-63 intersects present Clark Avenue. Length of
improvement within city is 0.668 miles (3,525.00 feet).
J5P3015B - Clark Avenue:
Beginning at Station 0+96.60, a point approximately 203.40 feet north of where
the centerline of Clark Avenue intersects the centerline of Route 50-63, run in a
generally southerly direction along Clark Avenue to Station 5+24.74. Length of
improvement within city is 428.14 feet.
(3) EXTENT OF AGREEMENT: This Agreement shall apply only to the
portion of the improvement lying within the city limits as they exist on the date this
Agreement is executed by the City.
(4) LOCATION: The general locations of the public improvements are shown
on an attached sketch marked "Exhibit A" and made a part of this Agreement. The
detailed locations of the improvements are shown on the plans prepared by the
Commission for the above-designated routes and projects.
(5) PURPOSE: It is the intent of this Agreement that the Commission shall
provide without cost to the City, except as otherwise provided in this Agreement, a
highway for traffic in the City and the Commission shall so design and construct the
highway to serve operating necessities and requirements of local and through traffic.
(6) RIGHT-OF-WAY USE: The City grants the right to use the right-of-way of
public roads, streets, and alleys as necessary for construction and maintenance of said
public improvement.
(7) CLOSE AND VACATE: The City shall temporarily close and vacate all
streets or roads, or parts thereof, which may be necessary to permit the construction of
the project in accordance with the detailed plans. When the Commission deems it
necessary to close Elm Street permanently during construction, the City shall be
advised in time to make provisions for the diversion and rerouting of traffic.
(8) RiGHT-OF-WAY ACQUISITION:
(A) Upon approval of all agreements, plans and specifications by the
Commission and the Federal Highway Administration (FHWA), the Commission will file
copies of the plans with the city clerk of the City and the county clerk of the county and
proceed to acquire at its expense, at no cost or expense to the City, any necessary
right-of-way required for the construction of the improvement.
(B) The portion of state highway covered by this Agreement shall be a
fully controlled access highway and rights of access between the highway and abutting
property shall be procured and the cost classified as right-of-way cost and paid for by
the Commission in the same manner as other right-o€-way costs. Only such rights of
ingress and egress shall be allowed as indicated on the plans approved by the
Commission and FHWA.
(9) UTILITY RELOCATION:
(A) The Commission and the City shall cooperate to secure the
temporary or permanent removal, relocation, or adjustment of public utilities or private
lines, poles, wires, conduits, and pipes located on the right-of-way of existing public
ways as necessary for construction of the improvement and the cost shall be borne by
such public utilities or the owners of the facilities except where the City is by existing
franchise or agreement obligated to pay all or a portion of such cost, in which case the
City will pay its obligated portion of the cost.
(B) The Commission shall secure the removal, relocation, or
adjustment of any public or private utilities located upon private easements and shall
pay any costs incurred therein.
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(C) In cases of public utilities owned by the City which must be moved,
adjusted, or altered to accommodate construction of this improvement, and such city-
owned utilities, poles, wires, conduits, and pipes are located within the present city limits
and located on an existing city street, not state highway right-of-way, but being taken
over by the Commission as a part of its highway right-of-way, the City will perform the
necessary removal, adjustment, alterations and relocation, and the Commission will
reimburse the City except as otherwise provided. The City shall perform the removal,
adjustment, alterations and relocation in accordance with the detail plans, estimates of
costs and bills of materials prepared by the City in accordance with Federal Aid Policy
Guide, Title 23 CFR Subchapter G, Part 645, Subpart A (FAPG 23 CFR 645A), dated
December 9, 1991 and any revision of it, and approved by the Commission's district
engineer, and shall perform all work and keep the records of the costs in accordance
with FAPG 23 CFR 645A and its revisions. Upon the completion of any such work and
on receipt by the Commission of the original and four copies of a bill for the actual costs
incurred by the City in making any such removal, adjustment, alteration and relocation,
the Commission shall reimburse the City for the actual cost necessitated by construction
of this public improvement. The Commission's obligation toward the cost of any such
removal, adjustment, alteration and relocation shall extend only to those costs incurred
in accordance with FAPG 23 CFR 645A and its revisions.
(D) Should it be necessary to alter, relocate or adjust any city-owned
utility facilities outside the present city limits on public right-of-way or on state highway
right-of-way within or outside the city limits or within the right-of-way of a public way
other than a city street or alley, the alteration, relocation, or adjustment shall be made
by the City at its cost.
(F) The City agrees that any installation, removal, relocation,
maintenance, or repair of public or private utilities involving work within highway right-of-
way included in this project shall be done only in accordance with the general rules and
regulations of the Commission and after a permit for the particular work has been
obtained from the Commission's district engineer or his authorized representative.
Similarly, the City will allow no work on the highway right-of-way involving excavation or
alteration in any manner of the highway as constructed, including but not limited to
driveway connections, except in accordance with the rules and regulations of, the
Commission and only after a permit for the specific work has been obtained from the
Commission's district engineer or his authorized representative. The City shall take
whatever actions necessary to assure compliance with this Subsection.
(10) LIGHTING: The Commission will, at its cost and expense, install,
operate, and maintain basic highway intersection or interchange lighting at warranted
locations on the improvement. The construction, installation, and maintenance of any
other or further lighting system on the public improvement covered by this Agreement
shall be only in accordance with the Commission's policy on highway lighting in effect,
and to the extent deemed warranted by the Commission, at the time of any such
installation. No lighting system shall be installed or maintained by the City on the
improvement without approval of the Commission.
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(11) TRAFFIC CONTROL DEVICES: The installation, operation and
maintenance of all traffic signals, pavement markings, signs, and devices on the
improvement, including those between the highway and intersecting streets shall be
under the exclusive jurisdiction and at the cost of the Commission. The City shall not
install, operate, or maintain any traffic signals, signs or other traffic control devices on
the highway or on streets and highways at any point where they intersect this highway
without approval of the Commission.
(12) DRAINAGE: The Commission will construct drainage facilities along the
improvement and may use any existing storm and surface water drainage facilities now
in existence in the area. The City shall be responsible for receiving and disposing of
storm and surface water discharged from those drainage facilities which the
Commission constructs within the limits of highway right-of-way to the extent of the
City's authority and control of the storm sewer facilities or natural drainage involved.
(13) PERMITS: The Commission shall secure any necessary approvals or
permits from the Surface Transportation Board, the Public Service Commission of
Missouri, or any other state or federal regulating authority required to permit the
construction and maintenance of the highway.
(14) COMMENCEMENT OF WORK: After acquisition of the necessary right-
of-way, the Commission shall construct the highway in accordance with final detailed
plans approved by the Federal Highway Administration (or as they may be changed
from time to time by the Commission with the approval of the FHWA) at such time as
federal and state funds are allocated to the public improvement in an amount sufficient
to pay for the federal and state government's proportionate share of construction and
right-of-way costs. The obligation of the Commission toward the actual construction of
the public improvement shall be dependent upon the completion of plans in time to
obligate federal funds for such construction, upon approval of the plans by the FHWA,
upon the award by the Commission of the contract for the construction, and upon the
approval of the award by the FHWA.
(15) MAINTENANCE:
(A) Except as provided in this Agreement, upon completion of the
public improvement, the Commission will maintain all portions of the improvement within
the Commission owned right-of-way. Maintenance by the Commission shall not in any
case include maintenance or repair of sidewalks whether new or used in place, water
supply lines, sanitary or storm sewers (except those storm sewers constructed by the
Commission to drain the highway), city-owned utilities within the right-of-way or the
removal of snow other than the machine or chemical removal from the traveled portion
of the highway.
(B) When it is necessary to revise or adjust city streets, the right-of-way
acquired for these adjustments and connections will be deeded to the City.
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(C) The City shall own, inspect, and maintain the sidewalks constructed
by this project in a condition reasonably safe to the public and, to the extent allowed by
law, shall indemnify and hold the Commission harmless from any claims arising from
the construction and maintenance of said sidewalks.
(16) ACCEPTED WITHIN HIGHWAY SYSTEM: Effective upon execution of
this Agreement, the Commission accepts the portion of the City street system described
in this Agreement as part of the State Highway System for the purposes of this project.
However, during the construction period contemplated in this Agreement:
(A) The Commission will assume no police or traffic control functions
not obligatory upon Commission immediately prior to the execution of this Agreement,
and
(B) The City shall perform or cause to be performed normal
maintenance on the project site.
(17) CITY TO MAINTAIN: Upon completion of construction of this
improvement, the City shall accept control and maintenance of the improved streets as
shown in Exhibit B and shall thereafter keep, control, and maintain the same as, and for
all purposes, a part of the City street system at its own cost and expense and at no cost
and expense whatsoever to the Commission. This does not include the bridges at
Jackson Street, Chestnut Street, and Clark Avenue which will remain Commission
responsibility. All obligations of the Commission under this Agreement shall cease upon
completion of the improvement.
(18) POLICE POWERS: It is the intent of the parties to this Agreement that the
City shall retain its police powers with respect to the regulation of traffic upon the
improvement contemplated. However, the City will enact, keep in force, and enforce
only such ordinances relating to traffic movement and parking restrictions as may be
approved by the Commission and as are not in conflict with any regulations for federal
aid. The Commission shall not arbitrarily withhold approval of reasonable traffic
regulations, signs, and markings which will permit the movement of traffic in accordance
with accepted traffic regulation practices.
(19) RESTRICTION OF PARKING: Since the improvement is being designed
and constructed to accommodate a maximum amount of traffic with a minimum amount
of right-of-way, the City shall take whatever actions that are necessary to prevent
parking upon the highway or any part of the area of the highway right-of-way within the
limits of the improvement.
(20) OUTDOOR ADVERTISING: No billboards or other advertising signs or
devices or vending or sale of merchandise will be permitted within the right-of-way limits
of the project and the City shall take whatever actions that are necessary to enforce this
Section.
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(21) WITHHOLDING OF FUNDS: in the event that the City fails, neglects, or
refuses to enact, keep in force or enforce ordinances specified or enacts ordinances
contrary to the provisions in this Agreement, or in any other manner fails, neglects or
refuses to perform any of the obligations assumed by it under this Agreement, the
Commission may, after serving written request upon the City for compliance and the
City's failure to comply, withhold the expenditure of further funds for maintenance,
improvement, construction, or reconstruction of the state highway system in the City.
(22) FEDERAL HIGHWAY ADMINISTRATION: This Agreement is entered into
subject to approval by the Federal Highway Administration, and is further subject to the
availability of federal and state funds for this construction.
(23) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the City shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the City's
wrongful or negligent performance of its obligations under this Agreement.
(B) The City will require any contractor procured by the City to work
under this Agreement:
(1) To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right-of-way); and
(2) To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the Missouri Department of
Transportation and its employees, as additional named insureds in amounts sufficient to
cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant
and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance,
Financial Institutions and Professional Registration, and published annually in the
Missouri Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to
each party's applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(24) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved on or between the duly authorized representatives of the City and
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Commission.
(25) 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.
(26) CITY REPRESENTATIVE: The City's Mayor is designated as the City's
representative for the purpose of administering the provisions of this Agreement. The
City's representative may designate by written notice other persons having the authority
to act on behalf of the City in furtherance of the performance of this Agreement.
(27) NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be in writing and shall be deemed given three (3) days after
delivery by United States mail, regular mail postage prepaid, or upon receipt by
personal or facsimile delivery, addressed as follows:
(A) To the City:
The Honorable Eric Struemph
Mayor
City of Jefferson
John G. Christy Municipal Building
320 E. McCarty
Jefferson City, MO 65101
Office Phone: 573-634-6303
Facsimile No: 573-634-6329
(B) To the Commission:
Mr. David Silvester, P.E.
Central District Engineer
Missouri Department of Transportation
1511 Missouri Boulevard, PO Box 718
Jefferson City, Missouri 65102
Office Phone: 573-751-7687
Facsimile No: 573-522-1059
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile delivery shall be followed by delivery of the original document, or
a clear and legible copy thereof, within three (3) business days of the date of facsimile
transmission of that document.
(28) ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(29) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
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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 the contract.
(30) 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.
(31) 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.
(32) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that
they are acting officially and properly on behalf of their respective institutions and have
been duly authorized, directed and empowered to execute this Agreement.
(33) SECTION HEADINGS: All section headings contained in this Agreement
are for the convenience of reference only and are not intended to define or limit the
scope of any provision of this Agreement.
[remainder of page intentionally left blank]
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IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
lr
Executed by they this day of �ZLW � -20_Lq
Executed by the GGwA issiea this day of Oi //• 20
MISSOURI IJIGHWAYS AND
T O TION C I SION CITY OF JEFFERSON, MISSOURI
By: By:
(57
Title: Assistant Chief Engineer Title:
ATT S ATTE " :
ecretary to the Commission
Title:
APPRO AS TO FORM: APPROV S TO FORM:
By:
ommission nsel
Title: i Ccut-vLSe o
Ordinance Number
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EXHIBIT B: CITY STREETS
STA. 3+12.01
STA. 4+93.00
STA. 23+93.00
STA. 3+70.00
= 20+60.00 AH.
EQN. 10+60.00 BK.
STA. 0+90.00
STA. 3+20.00
STA. 0+96.60
STA. 5+24.74
E. MILLER ST.
NOT TO SCALE
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EXHIBIT A: LOCATION SKETCH
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PROJECT LIMITS - J5P0820D
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END PROJECT
BEGIN PROJECT
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