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HomeMy Public PortalAboutORD14451 BILL NO. 2008-103 SUBSTITUTE • SPONSORED BY COUNCILMAN PENFOLD ORDINANCE NO. y LI AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS WITH COLE COUNTY AND THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR PAYMENT OF THE ENGINEERING COSTS FOR THE HIGHWAY 179. 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 an agreement for payment of 50% of the engineering costs for the Highway 179 Interchange Project to MoDOT; for the design of initial portion of the eastern connector road to said interchange, and further that the Mayor and City Clerk are authorized to execute an agreement with SSM Corporation and Cole County to guarantee these funds. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibits A and B. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: �� ���� Approved: / 9 siding Officer Mayor A ST: APP OQ D AS dFORM: ty Cie-r. City Coun4elor CCO Form: RM09 Route 179, Cole County Approved: 03/04 (BDG) Project No. J5S0906 Revised: 11/06 (BDG) City of Jefferson Modified: 12/08 (AR) MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION COST PARTICIPATION AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission"), the City of Jefferson City (hereinafter, "City") and the County of Cole (hereinafter, "County"). WITNESSETH: WHEREAS, the Commission owns and maintains Route 179 in Cole County as part of the State Highway System; and WHEREAS, the Commission, the City and the County desire to cooperate in and coordinate the administrative and financial responsibilities in connection with the engineering work for the design of an interchange at Route 179 and future St. Mary's Road, in Cole County, near Sta. 3+090 (hereinafter, "179 Interchange"); and WHEREAS, on October 10, 2008, the Commission entered into a Project Design Consultant Agreement with HDR Engineering, Inc., for the preparation of Preliminary Bridge Plans, Preliminary Roadway Plans, Right of Way Plans, Final Bridge Plans, Final Roadway Plans and Job Special Provisions necessary for the construction of the interchange at Route 179 and future St. Mary's Road (hereinafter, "Design Consultant Agrees nent"); and WHEREAS, the County and the City desire to provide the funding of the engineering costs specified in the Design Consultant Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to outline the parties' responsibilities in the funding and administration of the Design Consultant Agreement for engineering work for the design of the 179 Interchange improvement, designated by the Commission as Commission's Project J5S0906. (2) PARTIES' RESPONSIBILITIES: (A) Contract Administration: The Commission shall be responsible for the administration of the Design Consultant Agreement in accordance with the terms -1- and conditions contained therein. (B) Financial Responsibilities: The City and the County agree to provide the funding for the entire engineering services cost specified in the Commission's Design Consultant Agreement, in the amount of One Million One Thousand Five Hundred Eighty Five Dollars ($1,001,585), as follows: 1. The City will be responsible for fifty-six percent (56%) of the total Design Consultant Agreement cost, in an amount not to exceed Five Hundred Sixty-Three Thousand Four Hundred Fifty Five Dollars ($563,455). The City shall remit a check in the amount of Five Hundred Sixty-Three Thousand Four Hundred Fifty Five Dollars ($563,455) by December 30, 2008. This check should be made payable to the Director of Revenue — Credit State Road Fund. If the City fails to make the deposit by the specified date, the Commission is under no obligation to continue with the project. 2. The County will be responsible for the remaining forty-four percent (44%) of the total Design Consultant Agreement cost, in an amount not to exceed Four Hundred Thirty Eight Thousand One Hundred Thirty Dollars ($438,130). The County shall remit a check in the amount of Four Hundred Thirty Eight Thousand ,One Hundred Thirty Dollars ($438,130) by December 30, 2008. This check should be made payable to the Director of Revenue — Credit State Road Fund. If the County fails to make the deposit by the specified date, the Commission is under no obligation to continue with the project. 3. Upon notification from the City and County that the Commission proceed with cancellation of the Design Consultant Agreement, the Commission shall take all steps necessary to cancel the Design Consultant Agreement pursuant to the cancellation provisions contained in the Design Consultant Agreement. After all applicable costs related to the cancellation of the Design Consultant Agreement have been paid from the moneys deposited by the City and County under this Agreement, any excess funds shall be reimbursed to the City and County based on each party's pro-rata share of the initial funding. In the event that the applicable costs related to the cancellation of the Design Consultant Agreement exceed the amount deposited by the City and County under this Agreement, the City and the County shall pay the remaining additional cancellation cost to the Commission prior to Commission proceeding with the cancellation of the Design Consultant Agreement. 4. Upon completion of the work and full performance under the. Design Consultant Agreement, if the actual cost is less than the contract amount, any funds in excess of the contract price shall be refunded to the City and the County based on each party's pro rata share of the initial funding. (3) COMMINGLING OF FUNDS: The City and the County agree that all funds deposited by them pursuant to this Agreement with the Commission, may be is 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 -2- allowed for other state funds. All interest monies shall be payable to the State Road Fund. (4) 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, the County and the Commission. (5) COMMISSION REPRESENTATIVE: The Commission's District 5 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. (6) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City and the County shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. . (7) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the City and the County 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 and County. (8) COMMISSION 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. (9) 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. (10) 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, the City and the County. (11) NO INTEREST: By contributing to the cost of the subject Commission project or improvement, neither the City nor the County gains any interest in the improvements whatsoever. The Commission shall not be obligated to keep the constructed improvements or roadway in place if the Commission, in its sole discretion, determines removal or modification of the roadway or improvements, is in the best interests of the state highway system. In the event the Commission decides to remove the landscaping, roadway, or improvements, the City and the County shall not be entitled to a refund of the funds contributed by each of them pursuant to this Agreement. -3- f 12) 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. (13) 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. (14) 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. 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. (15) 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. (16) VOLUNTARY NATURE OF AGREEMENT: Each party to this Agreement warrants and certifies that 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 Intentionally Left Blank; Signatures and Execution Appear on Following Page] -4- IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this A day of 2008. Executed by the County this _,Qq day of • - t,��' , 2008. Executed by the Commission this.. day of , 2008. MISSOURI HIGHWAYS AND TRANSP RTATION COMMISSION CIT FFERSON t✓ Title Chief Financial Officer Titl ATTEST: ATT ,. By 'l > Sec etary to the Commission Title App e as to Appr e as t Co missio ou sel Title: COLE CO Y Ordinance No By Pr sidi CA missioy(2r By Commissioner By GU Commissioner CERTIFICATION OF AUDITOR FOR COLE COUNTY I, James LePage, Auditor for Cole County, do hereby certify that there is a balance: _ otherwise unencumbered to the credit of the appropriation to which it is to be charged and a cash balance otherwise unencumbered in the treasury to the credit of the fund from yvf ich payment i to be made, each sufficient to meet the obligation incurred. J mes LePag Cole County Auditor -5- ACKNOWLEDGMENT BY COMMISSION STATE OF MISSOURI ) ss COUNTY OF COLE ) On this %30 day of 20Ce before me appeared Ap` P:0XkD1 nPrenn bJyle,,known to me, who being by me duly sworn, did say that he/she is the Chiet Financia�Uni the Missouri Highways and Transportation Commission and the seal affixed to the foregoing instrument is the official seal of said Commission and that said instrument was signed in behalf of said Commission by u� thority of the Missouri Highways and Transportation Commission and said • r/ acknowledged said instrument to be the free act and deed of said Commission. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. No ary Public My Commission Expires: 2D// \,�ptAl3 Ypv� _�.•NpTAHY D tijyCo NAG./(41S FIv11 S`?pg' o�j sion Pr, 2pr� es Common#073�7567 -6- ACKNOWLEDGMENT BY CITY STATE OF ss COUNTY OF Co\e ) On this -k� day of 20CB,, before me appeared ersonally known to me, who being by me duly sworn, did say that he/she is the w of the City of and that the foregoing instrument was signed and sealed on behalf of the City of �e-wer�c� and that he/she acknowledged said instrument to be the free act and deed of the City of ,\e,-gef-'.� and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. J. Notary Pub LINDSAY SCHELLMAN Note ry PublIC-Notary Seal State of Missouri Commissioned for Cole County My Commission Expires: Mycommtssion fres:Sepkder 14 2012 UUMMISSIM NUMDer WON -7- ACKNOWLEDGMENT BY COUNTY STATE OF,OQZ.S S4' i ` ) ss COUNTY OF On this , - day of 20a before me appeared personally known to me, who being by me duly sworn, did say that he/she is the ,S(/� ,r;ss the County of and that the and sealed on behalf of the Count ore oin instrument was signed y of f 9 9 g and that a/she acknowledged said instrument to be the free act and deed of the County of and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public My Commission Expires: qe, 7 X20 131.MOECKLI-TAGGART Notary Public-Notary Seal STATE OF MISSOURI County of Cole My Commission Expires 9/23/2011 Commission#07385718 -8-