HomeMy Public PortalAboutORD15484 BILL NO. 2015-95
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. /5-4-Vi-
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A MUNICIPAL AGREEMENT WITH THE
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE
WESTBOUND HIGHWAY 54 MISSOURI RIVER BRIDGE PROJECT, PROJECT
NUMBER J5P2189.
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 Highways and Transportation
Commission for the westbound Highway 54 Missouri River Bridge Project, Project
Number J5P2189.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval. n -
Passed:9it41 , l9 ,2D/iv Approved: i /(„
Presiding Officer Mayor Carrie Tergin
-
ATTEST:- . APPROVED AS TO FORM:
ity Cl=rk't `:••.. "- - City Counselor
CCO Form: DE11 Municipal Agreement
Approved: 04193 (CEH) Route: 54
Revised: 09115 (AR) County: Cole/Callaway
Modified: Job No.: J5P2189
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 improvement designated as
Route 54, Cole/Callaway County, Job No. J5P2189 shall consist of bridge painting and
general bridge maintenance repair on Bridge No. L05506 over the Missouri River, in the
westbound lanes of Route 54 in Jefferson City.
(2) IMPROVEMENT WITHIN CITY: The improvement within the City is
located as follows:
Beginning at Station 14+00, a point on Route 54, approximately 740 feet
southwest of the Callaway County line, run in a generally northeasterly direction
along existing Route 54 to Station 46+00, a point approximately 900 feet
southwest of where the centerline of present Route W intersects the centerline of
present Route 54. Length of improvement within city is 3,200 feet (0.606 miles).
(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 location of the public improvement is shown on
an attached sketch marked "Exhibit A" and made a part of this Agreement. The detailed
location of the improvement is shown on the plans prepared by the Commission for the
above-designated route and project.
(5) PURPOSE: It is the intent of this Agreement to outline the parties'
responsibilities with respect to the construction and maintenance of those improvements
to the State Highway System located within the City limits described in paragraphs (1)
and (2) above and designated as Commission Job No. J5P2189.
(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. This includes the temporary closure
of the following city streets [see Exhibit B]:
1. West McCarty Street—eastbound on ramp to Route 54163
2. West Main Street — westbound off ramp from Route 54163 and eastbound
on ramp to Route 54163
3. Sandstone Road — all access while construction is taking place on the
bridge overhead.
4. Route W—westbound on ramp to Route 54163
(8) RIGHT-OF-WAY ACQUISITION: No acquisition of additional right-of-way
is anticipated in connection with Job No. J5P2189 or contemplated by this Agreement.
(9) UTILITY RELOCATION: No relocation, removal, or adjustment of any
public or private utility is anticipated in connection with Job No. J5P2189 or
contemplated by this Agreement.
(10) 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.
(11) 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.
(12) 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.
(13) COMMENCEMENT OF WORK: 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
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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. 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.
(14) MAINTENANCE: 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.
(15) 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.
(16) 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.
(17) 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.
(18) 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.
(19) FEDERAL HIGHWAY ADMINISTRATION: This Agreement is entered into
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subject to approval by the Federal Highway Administration, and is further subject to the
availability of federal and state funds for this construction.
(20) 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.
(6) 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.
(21) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment approved
and signed by representatives of the City and Commission, respectively, each of whom
being duly authorized to execute the contract amendment on behalf of the City and
Commission, respectively.
(22) COMMISSION REPRESENTATIVE: The Commission's 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.
(23) CITY REPRESENTATIVE: The City's Mayor is designated as the City's
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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.
(24) 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 Carrie Tergin
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.
(25) ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(26) 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 the contract.
(27) 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.
(28) 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
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benefits to anyone other than the Commission and the City.
(29) 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.
(30) 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.
Executed by the City this �/) day of 201V
Executed by the Commission this day of Ja"L'O!�/ 201
MISSOURI HIGHWAYS AND
TRANSP,O4RTATI NON CITY OF JEFFERSON, MISSOURI
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ATTEST: ATT T:
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Secretary to the Commission y Q
Title:
APPR VBi 6 TO FORM: APPROVED TO FORM:
By:
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Ordinance Number1�4 34
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NOT TO SCALE
EXHIBIT A : LOCATION SKETCH
ROUTE W
ON RAMP
SANDSTONE RD.
UNDER MO RIVER BR.
MAIN ST.
OFF RAMP
MAIN ST.
ON RAMP
W. MCCARTY
ON RAMP
EXHIBIT B : CITY STREETS