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
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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
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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.
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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]
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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 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
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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//
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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
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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
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