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HomeMy Public PortalAboutORD15575 BILL NO. 2016-57 SPONSORED BY COUNCILMAN Henry RDI O NANCE NO. / AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WAYFINDING SIGNING AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR WAYFINDING SIGNAGE ON THE REX WHITTON EXPRESSWAY. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute a Wayfinding Signage Agreement with the Missouri Highways and Transportation Commission. 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: / r ` ( 7) t. --P/ (e Approved: O'Ct . Zgi 20[(a P 27-42Yride-w4 eafindin Officer4-4-e1106(41 1 7 /'tcv ' Mayor Carrie Ter in ATTEST: � - - APPROVED AS TO FORM: _ • • City CI rk`/' - Int-rim City Counselor/ i 55-1 CCO Form: TR47 MoDOT District: CD Approved: 04/08 (BDG) MoDOT District Administrator: Garrett Depue Revised: 01/15 (ASB) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION WAYFINDING SIGNING AGREEMENT (Installed and Maintained by the City) THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission"), whose address is P.O. Box 270, 105 W. Capitol, Jefferson City, Missouri 65102, and City of Jefferson (hereinafter, "City"), whose address is 320 East McCarty Street, Jefferson City, MO 65101. WITNESSETH: WHEREAS, the City has adopted a wayfinding signing program and requests approval from the Commission to install and maintain Wayfinding signs further described below in Cole County, Missouri for the city of Jefferson City in the general vicinity of US 50 at Monroe St.; and WHEREAS, the Commission is willing to approve the City's request subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) LOCATION AND DISPLAY: The City hereby requests that the Commission allow the City to construct, install and maintain Wayfinding signs under the following conditions: (A) The sign(s) designs will be reviewed and approved by the Commission to assure they do not violate the guidelines and regulations of the Federal Manual on Uniform Traffic Control Devices (MUTCD) and the Commission's Engineering Policy Guide for size, color and reflectorization. The sign(s) shall read as displayed in Exhibit A (provided by City). (B) The sign(s) installation location(s) will be reviewed and approved by the Commission to assure they do not interfere with the performanceofother normal highway signing or represent any potential hazard to the traveling public. Sign locations will be generally located as illustrated in Exhibit B (provided by City). (C) Any additions or modifications to City's Wayfinding signing plan, after the execution of this agreement, will be reviewed by the Commission prior to said modifications. (2) INSTALLATION: All sign installations shall include a breakaway post assembly, in accordance with Commission requirements. The City shall provide plans with the specific location details of the sign installation for approval by the Commission prior to installation. All costs associated with this installation shall be borne by the City. Page 1 of 8 (3) TRAFFIC CONTROL: All work zone signs and traffic control devices to be used during installation and maintenance shall be in accordance and comply with the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways or as directed by the District Engineer or his authorized representative. This applies to the initial installation as well as during any future maintenance activities. (4) PERMIT AND BONDING: (A) Before beginning the installation work, the City shall secure a permit from the Commission's District Engineer for the installation of the proposed sign(s). The City shall comply with any additional requirements placed on the issuance of the permit by the District Engineer. The City may provide written authority to the Commission's District Engineer enabling its contractor to obtain the permit as an agent for the City. If required, separate permit(s) for future maintenance will be issued. (B) The City shall secure sufficient bond, as determined by the Commission's District Engineer or authorized representative, for the construction of the wayfinding sign(s) on Commission right-of-way. (5) COSTS: If this request is approved, all costs associated with the construction, installation, maintenance, or relocation of Wayfinding signs, including, but not limited to work zone signing and traffic control during construction will be borne entirely by the City, with no cost incurred by the Commission. In the event the Commission incurs any costs in association with the performance of this Agreement, the City shall reimburse the Commission for those costs. (6) HIGHWAY SPECIFICATIONS: All work done pursuant to this Agreement shall be in accordance with applicable portions of the latest editions of the Missouri Highways and Transportation Commission's Standard Specifications for Highway Construction and the Standard Plans for Highway Construction. The City shall provide a copy of its contractor's certification of material used to the Commission. (7) MAINTENANCE: The City shall maintain signs following the guidelines of the Federal Manual on Uniform Traffic Control Devices (MUTCD) and the Commission's Engineering Policy Guide for reflectivity, alignment, and placement. The Commission may request maintenance of the signs by the City, at the City's expense, and the City shall promptly comply with the Commission's request for maintenance of the signs. Failure by the City to complete requested maintenance within 14 calendar days from Commission's request shall be grounds for removal of all signs installed by the City. Given the complexity of some Wayfinding signs, should a replacement sign(s) be part of the maintenance required additional time would be granted by the Commission to complete the repairs. However, any material or remains of the sign installation in question must be removed from the site to eliminate a hazard for the traveling public. (8) MAINTENANCE BY THE CITY WITHIN COMMISSION RIGHT OF WAY: In order to coordinate maintenance activities on the sign(s), the City shall notify the Commission either by telephone, telefax, or in writing, prior to performing maintenance work within Commission right of way. Such notification shall be made to the Commission's District Engineer or a designated assistant, and shall include the location and nature of the work to be performed. Any maintenance activities done by the City which involves closing one or more of the through lanes, affects the safety of the traveling public, will cause permanent changes to the configuration of the improvement Page 2 of 8 or involve excavation of the soil may require a permit from the Commission. The City will be informed of whether or not a permit is required at the time the City notifies Commission of the proposed maintenance activities. The City shall comply with any additional condition placed upon the issuance of the permit. (9) REMOVAL: (A) If the City fails to comply with the provisions stated herein regarding the maintenance responsibilities, the Commission may remove the sign(s). (B) If the Commission, in its sole discretion, determines that the sign(s) is no longer justified, the Commission may remove the sign(s). (C) If the Commission, in its sole discretion, determines that the sign(s) should be removed or eliminated as part of a highway or transportation project, the Commission may remove the sign(s). (D) If the Commission, in its sole discretion, determines that the removal of the sign(s) from the Commission's right of way is in the best interests of the state highway system, the Commission may remove the sign(s). (E) If' the Commission removes the sign(s) in accordance with. any provision of this Agreement, the Commission will not reimburse the City for the cost or value of the sign(s). (10) CITY'S RESPONSIBILITIES: The Commission may request the City to modify the sign(s) when necessary to comply with changed standards that might be promulgated or adopted, at the City's cost. The Commission, at its sole discretion, may request the City to relocate the signs to accommodate the install of additional highway signs the Commission deems more appropriate, at the City's cost. The Commission may request the City to remove and relocate signs, at the City's cost, to accommodate the construction of roadway improvements. Should the Commission make any of these requests, the City shall comply with the Commission's request within 14 calendar days. Given the complexity of some Wayfinding signs, should a sign need to be fabricated,. additional time will be granted by the Commission to allow for that work to be completed. (11) CITY'S REPRESENTATIVE: The City's City Administrator 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. All Notices 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: Steven S. Crowell, Jr. City Administrator City of Jefferson 320 East McCarty Street Jefferson City, MO 65101 Telefax No.: (573) 634-6329 Page 3 of 8 (12) 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. (13) 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 is required or 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. (14) NO INTEREST: By placing and maintaining signs on.the Commission's right of way, the City gains no property interest in Commission's right of way. The Commission shall not be obligated to keep the sign(s) in place if the Commission, in its sole discretion, determines removal or modification of the sign(s) is in the best interests of the state highway system or the Commission. (15) 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. (16) 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. (17) NO ADVERSE INFERENCE: This Agreement shall not be. construed more strongly against one party or the other. The parties to this Agreement had equal access to, input with respect to, and influence over the provisions of this Agreement. Page4of8 Accordingly, no rule of construction which requires that any allegedly ambiguous provision be interpreted more strongly against one party than the other shall be used in interpreting this Agreement. (18) ENTIRE AGREEMENT: This Agreement represents the entire understanding between the parties regarding this subject and supersedes all prior written or oral communications between the parties regarding this subject. (19) ATTACHMENTS: The following Exhibits and other documents are attached to and made a part of this Agreement: Exhibit A: Sign Display Detail Supplied by the City depicting an image of each sign detail used in the signing plan. Exhibit B: Sign Location Layout Supplied by the City, the detail will display the boundaries of each Wayfinding district. • [Remainder of Page Intentionally Left Blank; Execution and Signature Page Follows] Page 5 of 8 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below: Executed by the City the 4?-2--day of_ _C f V' , 20 . Executed by the Commission the o5 0 day of a e,Qm, , 20 MISSOURI HIGHWAYS AND TRAN QRTATION MISSION CITY OF r)C e.,-(e;Dv ByPM Tff\O411 State Traffic and Highway Safety Engineer Title Title 1 0( ATTEST: AT -ST: Secretary to the Commission Title A A Approved as to Form: Approved as to Form: Commission Counsel Ta.l C, I+? Co-) 14-Se l tr Ordinance Number 1S-575- Copies: S575- Copies: City District Engineer Traffic Division Controller's Division Page 6 of 8 EXHIBIT A Sign Display Detail (Provided by City) Sign No: 1 Size: 84" x 96" Quantity: 1 Sign No: 2 Size: Quantity: at JEFFERSON CITY ♦ Old Munichburg a I Capital Reg. Medical Center Downtown Sign No: 3 Size: Quantity: Sign No: 4 Size: Quantity: Sign No: 5 Size: Quantity: Sign No: 6 Size: Quantity: Page 7 of 8 DO NOT SCALE DRAWING IF THIS MESSAGE APPEARS IN PRINT A NOTES: Exhibit Graphics:Retroreflective sign faces digitally-printed with 3M UV-cured inkjet inks Page 1r0onto 3M TM Diamond Grade T1 DG'Reflective Sheeting R 131h' I 1 Overlaid with transparent 3M TM film. ! 1-r Material:Extruded aluminum incremental Print to match panel sign with 1/8"aluminum header i PMS 1815c. s MalFont is Posts,panels and mounting methods are per JEFFERSON CITY- _ III Neutratext Demi. MoDot specifications, B Print to match Final location of all signs to be approved by 5 ♦ Old Munichburg PMS314c. the engineer 10+h• "I-I"symbol is Post,Sign Supports,Breakaway and Footings install) .Ir PMS 285c. 5• 4 H Capital Reg. B'-O• on MoDOT right-of-way will be installed in accordanc 10 nit with MoDOTs Standard Plans and Specifications for Medical Center B''S' Highway Construction. 10+h• .$_ Font is 8' Downtown ' Clearview HWY 2-W. PMS / BlacPk • 12' nted, `- Extruded / Matthews Acrylic minimum fromedge aluminum Poles Polyurethane g panel with of pavement or Fuse plate on front, vinyl graphics. 6'from edge of Hinge plate on back. shoulder." T-9„ PMS PMS PMS PMS 5763c 7540c 314c 318c minimum Structural post. Logo Colors Printed Vinyl Breakaway post coupler. Concrete footing. -4111M01 =.119eMill <:>,....__--. 18 PMS 1815c 314c Header/Panel Colors Printed Vinyl A # 11 -Elevation scale:3/8"=1'-o^ Q Side View scale:3/8"=1.-0" STAR SIGNS,LLC Jefferson City%%finding Type C REVISIDNS: El APPROVES ❑APPROVED ❑RENSEAND SALESPERSON: Jeanne 51011 PRINTED: 8/4/201 801 EAST NINTH STIES! Jefferson City,MO Major Blvd Vehicular Directional AS Nor80 NESUOLNI WWRENCE,KANSAS 66044 DRLESPERAWN EIT:JH PFIRITPRINT:814/2 STA . P 781842.4192 P7818400947 Qh Ill 111333 {L7� "^'A9tueEIDNSRc.cow. ART#:8971 SO 8:4582 018 c•i THIS DRAWING IS THE SOLE PROPERTY OF STAR SIGNS. DATE SIGNATURE L.L.C.,AND IS INTENDED FOR CUSTOMER APPROVAL DULY. o SHEET DO NOT SCALE DRAWING IF THIS MESSAGE APPEARS IN PRINT EXHIBIT B Sign Location Layout (Provided by City) 410r ' l -,rte k,„ "" b ' 't$' r{. it,„ i, ,. , i -N.,- • 0/ ' '''' '4 ' 4.''''‘'.."; 1.1'-'1: '-,...,:: A: '-',7 i,.,‘ ,,:' ,,,r:::,,,,.! , , *:t, 1.,, ,,,, ‘, ji ,,Nr,. Atj . „ , . ,, 0 2000' nrli `PS-11 ��p 160140444.... 1 F . 0 CAPITOL dj a 4 1 4 .sh ';r DOWNTOWN`°:,•. ar OLD MUNICHBURG ,`` r , EASTSIDE k£ 1 Y` r, EDUCATION r` � `e 4 ".Cl ry B.�►Rr EXHIBIT B PRO)NO: SHED' xu�t 19 aM..ITrIRIR MC WAYFINDING SIGNAGE 16197.300 1 ,L,TFf3ORW CITY.MR AO 13T.+OP43 avE; WWWBAR YEST.C12M, CITY OF JEFFERSON, MD SEPTEMBER 2016 ;JF 1 Page 8 of 8 US 50 - Cole Wayfinding Signage Location Sketch 12/02/2016 s> PIC 1 CITY OF JEFFERSON INSTALLING SIGN JEFFERSON CITY PIC 1 Old Munichburg REMOVE & f-till Capital Reg. DELIVER TO � qac Medical Center MODOT Downtown r 195 FT / N cap 441t ore- W � E ® - New Sign 4 - Existing Sign 2016-8127—US 50,Jefferson City,Cole REMOVE & DELIVER TO ----- - City of MODOT Jefferson e- INSTALLING On • - lit I nom ....... JEFFERSON CITY , %; flf GIr r f 4-Old Munichburg .... f • H •Capital Reg. r ' I z Medical Center —..1 r 1 I • I 3 Downtown 1---'',--7 r 111 ____L___ i (- °V _ ---' . -"fir'• � " --,-ate_ - 1 1, • Wayfinding sign Location—City of Jefferson Installing, On WB US 50 west of Monroe St, Looking West—Pic 1