HomeMy Public PortalAboutORD14575 BILL NO. 2009-62
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ORDINANCE NO. r
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 TRANSPORTATION
ENHANCEMENT FUNDS.
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 Transportation Enhancement Funds Program 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: -' Approved-5t22
es' ing Officer Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Counselor
CCO Form: RM12
Approved: 04/95 (MGB)
Revised: 03/09 (MWH)
Modified:
CFDA Number: CFDA #20.205
CFDA Title: Highway Planning and Construction
Award name/number: STP-3100 (520)
Award Year: FY09
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TRANSPORTATION ENHANCEMENT FUNDS
PROGRAM AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and City of Jefferson (hereinafter, "City").
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE: The United States Congress has authorized, in 23 U.S.C.
§101, §104 and §133, funds to be used for transportation enhancement activities. The
purpose of this Agreement is to grant the use of such transportation enhancement funds
to the City of Jefferson.
(2) LOCATION: The transportation enhancement funds which are the subject
of this Agreement are for the project at the following location:
Sidewalks along Missouri Blvd. from Washington Park Drive to Heisinger Road in
the City of Jefferson.
The general location of the project is shown on attachment marked "Exhibit A"
and incorporated herein by reference.
(3) REASONABLE PROGRESS POLICY: The project as described in this
agreement is subject to the reasonable progress policy set forth in the Local Public
Agency Manual. If the project is within a Transportation Management Area that has a
reasonable progress policy in place, the project is subject to that policy. If the project is
withdrawn for not meeting reasonable progress, the City agrees to repay the
Commission for any progress payments made to the City for the project and agrees that
the Commission may deduct progress payments made to the City from future payments
to the City.
(4) INDEMNIFICATION: 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 performance of its
obligations under this Agreement.
(5) 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.
(6) COMMISSION REPRESENTATIVE: The Commission's Chief 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.
(7) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the City agrees as follows:
(A) Civil Rights Statutes: The City shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et
seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S.C.
§12101, et seq.). In addition, if the City is providing services or operating programs on
behalf of the Department or the Commission, it shall comply with all applicable
provisions of Title II of the "Americans with Disabilities Act".
(B) Administrative Rules: The City shall comply with the administrative
rules of the United States Department of Transportation relative to nondiscrimination in
federally-assisted programs of the United States Department of Transportation (49
C.F.R. Part 21) which are herein incorporated by reference and made part of this
Agreement.
(C) Nondiscrimination: The City shall not discriminate on grounds of
the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The City shall not participate either directly or
indirectly in the discrimination prohibited by 49 C.F.R. §21.5, including employment
practices.
(D) Solicitations for Subcontracts, Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the City. These apply to all solicitations either by
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competitive bidding or negotiation made by the City for work to be performed under a
subcontract including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the City of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, creed,
sex, disability or national origin, age or ancestry of any individual.
(E) Information and Reports: The City shall provide all information and
reports required by this Agreement, or orders and instructions issued pursuant thereto,
and will permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the Commission or the United States Department
of Transportation to be necessary to ascertain compliance with other contracts, orders
and instructions. Where any information required of the City is in the exclusive
possession of another who fails or refuses to furnish this information, the City shall so
certify to the Commission or the United States Department of Transportation as
appropriate and shall set forth what efforts it has made to obtain the information.
(F) Sanctions for Noncompliance: In the event the City fails to comply
with the nondiscrimination provisions of this Agreement, the Commission shall impose
such contract sanctions as it or the United States Department of Transportation may
determine to be appropriate, including but not limited to:
1. Withholding of payments under this Agreement until the City
complies; and/or
2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The City shall include the provisions of
paragraph (7) of this Agreement in every subcontract, including procurements of
materials and leases of equipment, unless exempted by the statutes, executive order,
administrative rules or instructions issued by the Commission or the United States
Department of Transportation. The City will take such action with respect to any
subcontract or procurement as the Commission or the United States Department of
Transportation may direct as a means of enforcing such provisions, including sanctions
for noncompliance; provided that in the event the City becomes involved or is
threatened with litigation with a subcontractor or supplier as a result of such direction,
the City may request the United States to enter into such litigation to protect the
interests of the United States.
(8) ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the
Commission.
(9) 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.
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(10) CANCELLATION: The Commission may cancel this Agreement at any
time for a material breach of contractual obligations by providing the City with written
notice of cancellation. Should the Commission exercise its right to cancel this
Agreement for such reasons, cancellation will become effective upon the date specified
in the notice of cancellation sent to the City.
(11) ACCESS TO RECORDS: The City and its contractors must maintain all
records relating to this Agreement, including but not limited to invoices, payrolls, etc.
These records must be available at no charge to the FHWA and the Commission and/or
their designees or representatives during the period of this Agreement and any
extension, and for a period of three (3) years after the date on which the City receives
reimbursement of their final invoice from the Commission.
(12) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of
right of way necessary for the completion of the project, City shall acquire any additional
necessary right of way required for this project and in doing so agrees that it will comply
with all applicable federal laws, rules and regulations, including 42 U.S.C. 4601-4655,
the Uniform Relocation Assistance and Real Property Acquisition Act, as amended and
any regulations promulgated in connection with the Act. However, upon written request
by the City and written acceptance by the Commission, the Commission shall acquire
right of way for the City. Upon approval of all agreements, plans and specifications by
the Commission and by the Federal Highway Administration, the Commission will file
copies of said plans in the office of the County clerk: and proceed to acquire by
negotiation and purchase or by condemnation any necessary right of way required for
the construction of the improvement contemplated herein. All right of way acquired by
negotiation and purchase will be acquired in the name of City, and the City will pay to
grantors thereof the agreed upon purchase prices. All right of way acquired through
condemnation proceedings will be acquired in the name of the State of Missouri and
subsequently released to the City. The City shall pay into court all awards and final
judgments in favor of any such condemnees. The City shall also reimburse the
Commission for any expense incurred by the Commission in acquiring said right of way,
including but not limited to the costs of surveying, appraisal, negotiation, condemnation,
and relocation assistance benefits. Unless otherwise agreed to in writing the
Commission shall have the final decision regarding the settlement amount in
condemnation.
(13) MAINTENANCE OF DEVELOPMENT: The City shall maintain the herein
contemplated improvements without any cost or expense to the Commission. All
maintenance by the City shall be done for the safety of the general public and the
esthetics of the area. In addition, if any sidewalks or bike trails are constructed on the
Commission's right-of-way pursuant to this Agreement, the City shall inspect and
maintain the sidewalks or bike trails 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
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of said sidewalks or bike trails. If the City fails to maintain the herein contemplated
improvements, the Commission or its representatives, at the Commission's sole
discretion shall notify the City in writing of the City's failure to maintain the improvement.
If the City continues to fail in maintaining the improvement, the Commission may
remove the herein contemplated improvement whether or not the improvement is
located on the Commission's right of way. Any removal by the Commission shall be at
the sole cost and expense of the City. Maintenance includes but is not limited to
mowing and trimming between shrubs and other plantings that are part of the
improvement.
(14) PLANS: The City shall prepare preliminary and final plans and
specifications for the herein improvements. The plans and specifications shall be
submitted to the Commission for the Commission's review and approval. The
Commission has the discretion to require changes to any plans and specification prior to
any approval by the Commission.
(15) REIMBURSEMENT: The cost of the contemplated improvements will be
borne by the United States Government and by the City as follows:
(A) Any federal funds for project activities shall only be available for
reimbursement of eligible costs which have been incurred by City. Any costs incurred
by City prior to authorization from FHWA and notification to proceed from the
Commission are not reimbursable costs. All costs incurred by City will be reimbursed up
to the lump sum amount of $167,000 not to exceed the legal pro rata share of 50%
percent. Any costs for the herein improvements which exceed any federal
reimbursement or are not eligible for federal reimbursement shall be the sole
responsibility of City. The Commission shall not be responsible for any costs
associated with the herein improvement unless specifically identified in this Agreement
or subsequent written amendments.
(B) The authority to advertise for bids shall be granted by the
Commission when all right-of-way clearances, environmental clearances, and the
approval of the Plans, Specification, and Estimate have been completed. Any costs
incurred by the City prior to authorization from FHWA and notification to proceed from
the Commission are not reimbursable costs.
(C) In the event that the City does not submit the Plans, Specification,
and Estimate for this project by City, and does not have construction authorization
(authority to advertise for bids) by 12/01/2011, the City agrees to reimburse the
Commission for any monies previously reimbursed to the City under this Agreement. All
monies previously programmed for this project shall be surrendered by City at this time.
Any costs incurred by the City prior to authorization from FHWA and notification
to proceed from the Commission are not reimbursable costs.
(16) PROGRESS PAYMENTS: The City may request that progress payments
be made during the construction of the herein improvements. The City shall submit to
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the Commission any invoice for progress payments no less than on a monthly basis.
The City shall repay any progress payments which involve ineligible costs.
(17) PERMITS: The City shall secure any necessary approvals or permits from
any federal or state agency as required for the completion of the herein improvements.
If this improvement is on the right of way of the Commission, the City must secure a
permit from the Commission prior to the start of any work on the right of way. The
permits which may be required include, but are not limited to, environmental,
architectural, historical or cultural requirements of federal or state law or regulation.
(18) INSPECTION OF IMPROVEMENTS AND RECORDS: The City shall
assure that representatives of the Commission and FHWA shall have the privilege of
inspecting and reviewing the work being done by the City's contractor and subcontractor
on the herein project. The City shall also assure that its contractor, and all
subcontractors, if any, maintain all books, documents, papers and other evidence
pertaining to costs incurred in connection with the Transportation Enhancement
Program Agreement, and make such materials available at such contractor's office at all
reasonable times at no charge during this Agreement period, and for three (3) years
from the date of final payment under this Agreement, for inspection by the Commission,
FHWA or any authorized representatives of the Federal Government and the State of
Missouri, and copies shall be furnished, upon request, to authorized representatives of
the Commission, State, FHWA, or other Federal agencies.
(19) CREDIT FOR DONATIONS OF FUNDS MATERIALS OR SERVICES: A
person may offer to donate funds, materials or services in connection with this project.
Any donated funds, or the fair market value of any donated materials or services that
are accepted and incorporated into this project shall be credited according to 23 U.S.C.
§323.
(20) DISADVANTAGED BUSINESS ENTERPRISES: The Commission will
advise the City of any required goals for participation by disadvantaged business
enterprises to be included in the City proposal for the work to be performed. The City
shall submit for Commission approval a disadvantaged business enterprise goal or plan.
The City shall comply with the plan or goal that is approved by the Commission and all
requirements of 49 C.F.R. Part 26, as amended.
(21) 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.
(22) NOTICE TO BIDDERS: The City shall notify the prospective bidders that
disadvantaged business enterprises shall be afforded full and affirmative opportunity to
submit bids in response to the invitation and will not be discriminated against on
grounds of race, color, sex, or national origin in consideration for an award.
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IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the �ti" this II� day of # (4 • , 20ZI"l
N4�
Executed by the Commission this cD& day of _S'7 206V .
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF JEFFERSON
Title Chief Financial Officer T'
ATTEST: ATTEST:
By
Sec tary to the Commission
Title 1
Approved as to Form: Apprq"e�l, as t F,prm:
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