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Home My Public Portal AboutORD14455 BILL NO. 2008-106 • SPONSORED BY COUNCILMAN Penfold ORDINANCE NO. 1 *L7 5-5- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR COMMERCIAL VEHICLE STOP EXEMPTION AT A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF BOLIVAR AND MCCARTY STREETS AND THE UNION PACIFIC RAILROAD SPUR. 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 with the Missouri Department of Transportation for commercial vehicle stop exemption at a new traffic signal at the intersection of Bolivar and McCarty Streets and the Union Pacific Railroad Spur. 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: Approve : 2DOq Pre' ding Officer Mayor ATTE APP VED AS TO FORM: Clerk City Counselor CCO Form: RR9 West McCarty Street Approved: 04/04 (BDG) In Jefferson City Revised: 07/05 (BDG) Cole County Modified: Crossing No. 442 640V Job No. RRP-OOOS(207) MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AGREEMENT FOR HIGHWAY/RAIL CROSSING SIGNAL IMPROVEMENTS THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and City of Jefferson (hereinafter, "Agency"). WITNESSETH: WHEREAS, the installation of highway traffic signals at the intersection of West McCarty Street and Bolivar Street, the installation of R15-3 (White) EXEMPT signs, and the installation of W10-1a (Yellow) ADVANCE EXEMPT signs appears to be warranted at an existing grade crossing in Jefferson City, Missouri, where West McCarty Street intersects Union Pacific Railroad (Railroad) tracks at a point known • as DOT# 442 640V; and WHEREAS, the parties agree that this installation shall be in substantial compliance with the Manual on Uniform Traffic Control Devices (MUTCD), and will enhance safety to both highway and railroad traffic at said grade crossing. NOW, THEREFORE, in consideration of these premises and of the mutual covenants herein contained, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to provide for funding, installation, and maintenance of additional warning devices and to "exempt" the crossing. (2) SCOPE OF WORK: The work consists of the installation of highway traffic signals at the intersection of West McCarty Street and Bolivar Street, the highway traffic signals to display a flashing red aspect in all four directions from the hours of 8:00 pm to 6:00 am daily. The installation of the highway traffic signals to be done by the Agency at the Agency's own expense. The Railroad will first notify the Agency if Railroad intends to operate through the grade crossing between the hours of 6:00 am and 8:00 pm. The Agency will then manually preempt the highway traffic signals prior to Railroad operation through the grade crossing. The Railroad will continue to flag all movements through the grade crossing. 1 The work consists of the installation of three (3) R15-3 (White) EXEMPT signs, and the installation of three (3) W10-1a (Yellow) ADVANCE EXEMPT signs by the Agency at the Agency's own expense. The R15-3 and W10-1a signs to be installed only for westbound traffic on West McCarty Street and north and southbound traffic on Bolivar Street. The grade crossing will not be exempt for eastbound traffic on West McCarty Street. (3) FUNDING: The Agency will assume responsibility for one hundred percent (100%) of the cost and installation of the highway traffic signals, EXEMPT signs, and ADVANCE EXEMPT signs. (4) COST OF PROJECT: The cost of the project shall be the total monies expended by the Agency in accordance with the plan developed by the Agency for this specific project. (5) FORCE ACCOUNT AND NON-FORCE ACCOUNT WORK: The Agency will furnish all of the material and do all of the work with its own forces, or the work may be done by a contractor paid under a contract let by the Agency in compliance with the applicable provisions of 23 C.F.R. Chapter I, Subchapter B, Part 140, Subpart I. Said Title 23 Code of Federal Regulations (23 C.F.R.) is by reference made a part of this agreement. (6) AGENCY OBLIGATION: The Agency hereby agrees to purchase and install highway traffic signals at the intersection of West McCarty Street and Bolivar • Street, R15-3 (White) EXEMPT signs, and W10-1a (Yellow) ADVANCE EXEMPT signs at the Agency's own expense. The Agency hereby agrees to handle traffic during construction. The Agency is obligated to install and maintain at their expense advance warning signs and pavement markings in accordance with the MUTCD. (7) 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 representative of the parties. (8) COMMISSION REPRESENTATIVE: The Commission's director is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. (9) ASSIGNMENT: The Agency shall not assign, transfer, or delegate any interest in this Agreement without the prior written consent of the Commission. (10) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Agency shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. 2 (11) 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. (12) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the Agency with written notice of cancellation. Should the Commission exercise its right to cancel the Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Agency. (13) 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. • • 3 IN WITNESS WHEREOF, the parties have entered into this Agreement on • the last date written below. The Agency executed same pursuant to Ordinance No. 1445-5- , of said Agency, approved on the day of3?z ,c�, 204. Executed by Agency this day of , 200. Executed by Commission this / 5 day of J , 20 O MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF JEFFERSON Y _ - Brian C. Weiler a Multimodal Operations Division Director Title T: � . Title i Ordinance No. FORM:JA0 elot 4