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Home My Public Portal AboutORD14586 BILL NO. 2009-70 SPONSORED BY COUNCILMEN Scrivner, Medin Penfold. and Koon ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON,MISSOURI,AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A COST APPORTIONMENT AGREEMENT ON BEHALF OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY SYSTEM. WHEREAS, the Missouri Highway and Transportation Commission approved Project No. STP- 3100(507)to extend pedestrian/bicycle facilities from South of the Missouri River connecting to the Katy State Trail, and; WHEREAS, this project is a part of the Jefferson City Greenway System Master Plan. NOW, THEREFORE, 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 enter into a cost apportionment agreement on behalf of the City of Jefferson Parks and Recreation Commission with the Missouri Highway and Transportation Commission for pedestrian/bicycle trail facilities from Main Street across the northbound U.S. 54/63 Missouri River Bridge No. A4497 to the vicinity of the Noren River Access in the North Jefferson Recreation Area designated as project number STP- 3100(507) and Job Number J5P2156. 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: Approv ZzV 5 _ v residing Officer Mayor ATTEST: OVE)D AS TO FORM: f�- (A± 3 ' "� 1�J , City Clerk City 6ounselor . ' CCO Form: DE07 Approved: 07/97 (DPP) Revised: 04/09 (MRA) Modified: Cost Apportionment Agreement Route: 54 County: Cole/Callaway Job No.: J5P2156 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION COST APPORTIONMENT AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission "), the City of Jefferson, a municipal corporation (hereinafter, "City"), the Missouri State Parks Foundation, Inc . (hereinafter, "Foundation "), and the Missouri Department of Natural Resources (hereinafter , "DNA"). WITNESSETH : WHEREAS , the Co mmi ssion owns and maintains Route 54 in Cole and Callaway Counties as part of the State Highway System; WHEREAS, the parties desire to construct a pedestrian/bicycle crossing on the Missouri River Bridge (Bridge no. A4 497); and WHEREAS , the City , the Foundat ion , and DNR are willing to provide assistance in the construction of the improvements subject to the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The purpose of th is agreement is to coordinate participation by the City , DNR and the Foun dation in the cost of the Commission's public improvement on th e Missou ri Ri ve r Brid ge , in the Counties of Cole and Callaway , designated as Job No. J5P2156. T his public improvement will involve constructing a pedestrian /bike path on the Missouri River Bridge (Bridge No. A4497). (2) LOCATION: The general location of the public improvement is shown in "Exhibit A." The detailed location of the improvement will be shown on the plans prepared by the Comm ission for the above -designated route and project. (3) USE OF RIGHT-OF-W AY: T he City grants the right to use the right-of- way of public ro a ds , streets , parking lo ts , and alleys as necessary for construction of said public improvements. (4) COMMISSION REPRE SENTATIVE: The Commission's District Engineer for the Central District (District 5) i s 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 ot her persons having the authority to act on behalf of the Commission in furthe rance of the performance of this Agreement. U:ICo mrac1 Filesl lmergove mm clllal \Sta le of Mi ssou ri\Cosl Apponi01 .mem Agreemem-Mi sso uri River Bridge Pedestrian 8-11 -09 -Final (2).doc (5) PROJECT RESPONSIBILITIES: With regard to project responsibilities under this Agreement, the parties agree to contribute as follows: (A) The Commission will be responsible for the preparation of detailed right-of-way and construction plans and project specifications. This includes design, letting of project, and inspection of project. The plans shall be prepared in accordance with and conform to Commission requirements. (B) The Commission will acquire right-of-way as needed for the project in accordance with Commission requirements. (C) The Commission will be responsible for letting the work for the herein improvement, which includes advertising the project for bids and awarding the construction contract. The Commission will solicit bids for the herein improvement in accordance with plans developed by the Commission, or as the plans may from time to time be modified in order to carry out the work as contemplated. (D) The Commission will be responsible for construction of the herein improvements, which includes administration of the construction contract and inspection of the project work. The project shall be constructed in accordance with and conform to Commission requirements. (6) PAYMENT RESPONSIBILITIES: With regard to payment responsibilities under this Agreement, the parties agree to contribute as follows: (A) The currently estimated cost of the project is seven million dollars ($7,000,000). The details of the estimated cost breakdown may be seen in "Exhibit 8," which is incorporated herein and attached hereto. The total project cost will include right of way, utility relocation and project construction. (B) The Commission will pay a maximum contribution of five million six hundred thousand dollars ($5,600,000) of Federal Transportation Enhancement funds toward the actual project costs. In addition, the Commission will also be responsible for the costs associated with administration of the construction contract, design, and inspection of the work pertormed by the construction contractor, at no cost or expense to the City, DNR, and the Foundation. (C) The City shall remit a check to pay the Commission in the amount of nine hundred fifty-five thousand dollars ($955,000) at least twelve (12) weeks prior to the letting date of the project. This check shall be made payable to the "Missouri Highways and Transportation Commission-Local Fund." (D) DNR shall remit a check to pay the Commission in the amount of one hundred seventy,.five thousand dollars ($175,000) at least twelve (12) weeks prior to the letting date of the project. This check shall be made payable to the "Missouri Highways and Transportation Commission-Local Fund." (E) The Foundation shall remit a check to pay the Commission in the U:\Contract Files\lntergovemmentai\State ofMissouri\Cost Apportionment Agreement-Missouri River Bridge Pedestrian 8-11-09-Final (2).doc amount of two hundred seventy thousand dollars ($270,000) at least twelve (12) weeks . prior to the letting date of the project. This check shall be made payable to the "Missouri Highways and Transportation Commission-Local Fund." (F) If the City, DNA, or the Foundation fails to make this payment, the Commission is under no obligation to continue with the project. The City, DNR, and the Foundation agrees that all funds deposited by the City, DNR, or the Foundation,. pursuant to ·this Agreement with the Commission, may be commingled by the Commission with other similar monies deposited from other sources. Any deposit may be invested at the discretion of the Commission in such investments allowed by its investment policy. All interest monies shall be payable to the fund and credited to the project. If the amount deposited plus any applicable credited interest with the Commission shall t:.e less than the actual obligation of the City, DNR, and the Foundation for this project, the City, DNR, and the Foundation, upon written notification by the Commission, shall tender the necessary monies to the Commission to completely satisfy their obligation based on their pro rata share. Upon completion of the project, any excess funds or interest credited to the City, DNR, or the Foundation shall be refunded to the City> DNA, or the Foundation based on their pro rata share of the investment. (G) The City, DNR and Foundation will be responsible for all project costs in excess of seven million dollars ($7,000,000) as follows: the City shall pay 68.21 °/o of such excess project costs, DNR shall pay 12.50°/o of such excess project costs, and the Foundation shall pay 19.29°/o of such excess project costs. (7) ADDITIONAL FUNDING: In the event the Commission obtains additional federal, state, local, private or other funds to construct the improvement being constructed pursuant to this Agreement that are not obligated at the time of execution of this Agreement, the City, DNR, and the Foundation shall not receive an off-set for the deposited funds, a reduction in obligation, or a return of, a refund of, or a release of any funds deposited by the City, DNR, and the Foundation with the Commission pursuant to this Agreement. (8) CONCURRENCE \JVITH AWARD: Once the Commission has let the pedestrian crossing project (designated as Job No. J5P2156) and the City, DNR, and the Foundation have been notified of th6 amounts bid on that project, the City, DNR, and the Foundation will each have seven (7) calendar days in order to reject or recommend award of the bid. If the City, DNA, or the Foundation does not respond within seven (7) calendar days, the non-responding entity shall be deemed to have automatically concurred in a Commission decision to award the construction contract. If the Commission has solicited bios twice or more, and these lettings have not resulted in award, the Commission may terminate this Agreement to void all contractual obligations without being in breach hereof, and the deposits of the City, DNR, and the Foundation shall be refunded for ·ihe discontinued project. (9) AMENDfvlENTS: Any change in this Agreement, whether by modification or supplementation, must be accompiished by a formal contract amendment signed and approved by the duly authorized repreaentatives of the City, DNR, the Foundation, and U:\Contract Files\lntergovemmental\State ofMissouri\Cost Aopcrtionment Agreement· Missouri River Bridge Pedestrian 8-11-09-Final (2).doc the Commission. (10) ASSIGNMENT: The City, DNA, and the Foundation shall not assign, · transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (11) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Commission, the City, DNR, and the Foundation shall comply with all applicabl·e local, state and federal laws and regulations relating to the performance of this Agreement. (12) APPROVAL OF FHWA AND AVAILABILITY OF FUNDS: This Agreement is entered into subject to the approval of the Federal Highway Administration and is further subject to the availability of federal and state and local funds for this construction. (13) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the City, DNR, and the Foundation 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, DNR, and the Foundation. (14) COMM;SSION RIGHT OF WAY: All improvements made within the state- owned right-of-way shall become the Commission's property, and all future alterations, modifications, or maintenance thereof, will be the responsibility of the Commission. Except as otherwise provided by this Agreement or a separate written agreement, if the Commission removes the above-described improvements within twenty (20) years of their constructicat 1or :reasons other than public safety, then the Commission wiU reimbur:se the pa~1ies their contributions. (14) COMMISSIOhJ RIGHT OF WAY: All improvements made within the state-owned right-of-way shall become the Cornmission's property, and all future alterations, modifications, or maintenance thereof, will be the responsibility of the Commission, except as othenAJise prO\/ided by this Agreament or a separate written agreement. (15) 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 institu~ed only in the C}rcu;t Court of Cole County, Missouri. (16) SOLE BENEFIClARY: T;--.is Agreerr1ent is made for the sole benefit of the parties hereto =tnd n:>thing in this Agreernent shall be construed to give any rights or benefits to anyone other than the Cornmiss~on, the City, DNR, and the Foundation. (17) NO INT=REST: By con1ributing to the cost of this project or improvement, the City, DNA, and the Foundation gain no interest in the constructed roadway or improvements vJhatsoever. The Comrrt~ssion shall not be obligated to keep the constructed improvements or roadway in place if the Commission, in its sole discretion, determines removal or ~nodificatio:·l of the roadway or improvements, is in the best interests of the state high\lvay system. In the event the Commission decides to remove U:\Contract Files\lntergovemmental\State ofMiss.>uri\Cost Apponion.,lent Agreement· Missouri River Bridge Pedestrian 8·11..09-Final (2).doc the landscaping, roadway, or irnprovements, the City, DNR, and the Foundation shall not be entitled to a refund of the funds contributed by the City pursuant to this Agreement. · (18) 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. (19) 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. (20) ENTIRE AGREEMENT: This Agreement represents the entire understanding between the parties regarding this subject and supersedes all prior written or oral cornmunications betvveen the parties regarding this subject. (21) NO ADVERSE INFERE:\ICE: 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 raspect to, and influence over the provisions of this Agreement. Accordingly, no rule of construction which requires that any allegedly ambiguous provision be interpre·iad ntore s~rcngly against one party than the other shall be used in interpreting this Agreement. (22) VOLUNTARY NATUHE OF AGREEMENT: Each party to this Agreement warrants and certifies 1hst it enters into this transaction and executes this Agreement freely and voluntarily and without being in a state of duress or under threats or coercion. [remainder of page intenticnal/y left blank] U:\Contract Files\lntergovemmentai\State ofMissouri\Cost Apportion:nent Agreement-Missouri River Bridge Pedestrian 8-11-09 ·Final (2).doc IN VVITNESS WHEREOF, t he parties have entered into this Agreement on the date last written below . E x ecuted by the City this __ day of ____ , 20_. Execu ted by the DNR this __ day of ____ , 20_. Executed by t he Foundation t h is __ day of ____ , 20 _. Executed by the Commission this J3_ day of AJO\/ll'vtch oA. , 20 67. Title __ -=.C.:...:.:hi=ef:.....:E=n=g.:.:....:in=ee=r ___ _ ATTEST: (Commission seal) ~~~ Secretary to th e Con .m •ss k:;n --- By~~~~-------- Title C i ~ C.ou.V\,£.elo~ City Ordinance Number IL/-51?., MISSOURI DEPARTMENT OF NATURAL RESOURCES By £t,.c 4 ~~ Title 'D!.rec~r ATTEST: By ~~ T it le Dsf /},rt_ A PPROVED AS TO FORM: MISSOURI STATE PARKS FOUNDATION, INC. By --S.~___,!!ISIJJIII!._L_. ~1...__·_·_-_ Title ?_,.,~ IJ;c& ~ ... S.~ A PPROVED AS TO FORM: B ~ ~~ Title :fhv--£ ~/}~ U:\Co ntract Fil es\l ntergove rnment a!IStn te ofM issouri\Cos t Apponionmcnl Agre ement · Missouri Rive r Bridge Pedes tri an 8-11-09 -Fina l (2 ).doc EXHIBIT A z 0 1- <( u 0 _J 1- u w J 0 a:: 0.. .... Exhibit "B" Cost Share Project Summary County, Route: Cole/Callaway, Route 54 MoDOT Job Nun1ber: J5P2156 Description: Constructing a pedestrian/bike path on the Missouri River Bridge (Bridge No. A4497). Definition of "Total Project" for Cost Share Includes: Construction, right of way, and utilities. Definition of "Total Project" for Cost Share Excludes: Construction inspection and design. roJec -unc1ona p . tr-t" IR espons1 II leS Design Jacobs (MoDOT fundec:H ROW AcQuisition MoDOT Letting ivl0DOT Inspection i MoDOT FMnancial Res~onsibilities City of Jefferson l $955,000 DNA $175,000 Foundation $270,000 1-M_oD_O_T_C_os_t_S_har_e __ . . $5,600,000 (maximum) L-T_o_t_a_l P_r_o ..... · e_c_t _C_o_st __ ... L ______ _$..:;_7~,o...;_o_o_.:..,_oo_o--1..... __________ ____. U:\Contract Files\lntergovemmcmal\State oiMissouri\Cost Apportionment Agreement-Missouri River Bridge Pedestrian 8-11-09-Final (2).doc