HomeMy Public PortalAboutORD14457 BILL NO. 2008-108
• SPONSORED BY COUNCILMAN Penfold
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN STP URBAN FUNDING AGREEMENT
WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE STADIUM,
LESLIE, AND LAFAYETTE INTERSECTION IMPROVEMENT PROJECT.
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 STP Urban Funding Agreement with the Missouri Department of Transportation for the
Stadium, Leslie, and Lafayette Intersection Improvement, STP-3111 (508), City Project No.
32097.
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: QP"'M Approve
1
Pr siding Officer Mayor
AT ST. APP VE S TO FORM:
ity CI k City Counselor
•
t
f ,
CCO Form: RM11
• Approved: 07/96 (KMH)
Revised: 01/07 (BDG)
Modified:
CFDA Number: CFDA #20.205
CFDA Title: Highway Planning and Construction
Award name/number: STP-3111 (508)
Award Year: FY08
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
STP-URBAN PROGRAM AGREEMENT
THIS STP-URBAN AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Jefferson, Cole
County, Missouri (hereinafter, "City").
WITNESSETH:
WHEREAS, 23 U.S.C. §133 authorizes a Surface Transportation Program (STP)
to fund transportation related projects; and
• WHEREAS, the City desires to construct certain improvements, more specifically
described below, using such STP funding; and
WHEREAS, those improvements are to be designed and constructed in
compliance with the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE: The improvement contemplated by this Agreement and
designated as Project STP-3111 (508) involves:
Construct curb and gutter and sidewalk along Leslie from Chestnut
to Stadium and construction of a roundabout at the intersection of
Stadium, Leslie and Lafayette.
(2) LOCATION: The contemplated improvement designated as Project STP-
3111 (508) by the Commission is within the city limits of Jefferson City, Missouri. The
general location of the improvement is shown on an attachment hereto marked "Exhibit
A" and incorporated herein by reference. More specific descriptions are as follows:
•
Intersection of Stadium, Leslie, and Lafayette in the City of
Jefferson.
(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) LIMITS OF SYSTEM: The limits of the surface transportation system for
the City shall correspond to its geographical area as encompassed by the urban
boundaries of the City as fixed cooperatively by the parties subject to approval by the
Federal Highway Administration (FHWA).
(5) ROUTES TO BE INCLUDED: The City shall select the high traffic volume
arterial and collector routes to be included in the surface transportation system, to be
concurred with by the Commission, subject to approval by the FHWA. It is understood
by the parties that surface transportation system projects will be limited to the said
surface transportation system, but that streets and arterial routes may be added to the
surface transportation system, including transfers from other federal aid systems.
(6) INVENTORY AND INSPECTION: The City shall:
(A) Furnish annually, upon request from the Commission or FWHA,
information concerning conditions on streets included in the STP system under local
jurisdiction indicating miles of system by pavement width, surface type, number of lanes
and traffic volume category.
(B) Inspect and provide inventories of all bridges on that portion of the
federal-aid highway systems under the jurisdiction of the City in accordance with the
Federal Special Bridge Replacement Program, as set forth in 23 U.S.C. §144, and
applicable amendments or regulations promulgated thereunder.
(8) CITY TO MAINTAIN: Upon completion of construction of this
improvement, the City shall accept control and maintenance of the improved street and
shall thereafter keep, control, and maintain the same as, and for all purposes, a part of
the City street system at its own cost and expense and at no cost and expense
whatsoever to the Commission. Any traffic signals installed on highways maintained by
the Commission will be turned over to the Commission upon completion of the project
for maintenance. All obligations of the Commission under this Agreement shall cease
upon completion of the improvement.
• .2
• (9) 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.
(10) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction
under the Surface Transportation Program for the City will be constructed in accordance
with current Missouri Department of Transportation (MoDOT) design
criteria/specifications for urban construction unless separate standards for the surface
transportation system have been established by the City and the Commission subject to
the approval of the Federal Highway Administration.
(11) 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 the 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 the 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 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.
(12) REIMBURSEMENT: The cost of the contemplated improvements will be
borne by the United States Government and by the City as follows:
(A) The United States Government is presently participating in Eighty
percent (80%) of the eligible costs of STP-Urban Projects. Any costs for these
improvements which exceed federal reimbursement shall be the sole responsibility of
the City. The Commission shall not be responsible for any costs associated with these
• 3
improvements unless specifically identified in this Agreement or subsequent
• amendments. Any costs incurred by the City prior to authorization from FHWA and
notification to proceed from the Commission are not reimbursable costs.
(B) The total reimbursement otherwise payable to the City under this
Agreement is subject to reduction, offset, levy, judgment, collection or withholding, if
there is a reduction in the available federal funding, or to satisfy other obligations of the
City to the Commission, the State of Missouri, the United States, or another entity acting
pursuant to a lawful court order, which City obligations or liability are created by law,
judicial action, or by pledge, contract or other enforceable instrument. Any costs
incurred by the City prior to authorization from FHWA and notification to proceed from
the Commission are not reimbursable costs.
(13) PERMITS: The City shall secure any necessary approvals or permits from
the Federal Government and the State of Missouri as required to permit the construction
and maintenance of the contemplated improvements.
(14) TRAFFIC CONTROL: The plans shall provide for handling traffic with
signs, signal and marking in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD).
(15) WORK ON STATE RIGHT OF WAY: If any contemplated improvements
for Project STP-3111 (508) will involve work on the state's right of way, the City will
• provide reproducible final plans to the Commission relating to such work.
(16) DISADVANTAGED BUSINESS ENTERPRISES: At time of processing
the required project agreements with the Federal Highway Administration, the
Commission will advise the City of any required goals for participation by disadvantaged
business enterprises to be included in the City's 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.
(17) 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.
(18) PROGRESS PAYMENTS: Progress payments to the City for preliminary
engineering and right of way are available upon the City's written request. In the event
Project STP-3111 (508) is not built or is built to standards not satisfactory to the Federal
Highway Administration, the City agrees to repay the Commission for any progress
payments made to the City for the respective project and agrees that the Commission
may deduct progress payments made to the City from future payments to the City.
• 4
(19) OUTDOOR ADVERTISING: The City further agrees that the right of way
• provided for any Surface Transportation Program improvement will be held and
maintained inviolate for public highway or street purposes, and will enact and enforce
any ordinances or regulations necessary to prohibit the presence of billboards or other
advertising signs or devices and the vending or sale of merchandise on such right of
way, and will remove or cause to be removed from such right of way any sign, private
installation of any nature, or any privately owned object or thing which may interfere with
the free flow of traffic or impair the full use and safety of the highway or street.
(20) PROJECT AUDIT: The Commission will perform a final audit of project
costs. The United States Government shall reimburse the City, through the
Commission, any monies due. The City shall refund any overpayments as determined
by the final audit.
(21) OMB AUDIT: If the City expend(s) five hundred thousand ($500,000) or
more in a year in federal finance assistance it is required to have an independent
annual audit conducted in accordance with OMB Circular A-133. A copy of the audit
report shall be submitted to the Missouri Department of Transportation (MoDOT) within
thirty (30) days of the issuance of the report. Subject to the requirements of OMB
Circular A-133, if the City expend(s) less than five hundred thousands dollars
($500,000) a year, the City may be exempt from auditing requirements for that year but
records must be available for review or audit by applicable state and federal authorities.
• (22) 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.
(23) 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.
(24) 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.
(25) 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.
(26) NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be in writing and shall be deemed given three (3) days after
delivery by United States mail, regular mail postage prepaid, or upon receipt by
personal or facsimile delivery, addressed as follows:
• 5
• (A) To the City:
Matt Morasch, Director of Public Works
320 East McCarty Street
Jefferson City, MO 65101
Facsimile No.: (573) 634-6562
(B) To the Commission:
Roger Schwartze, Central District Engineer
1511 Missouri Boulevard
P.O. Box 718
Jefferson City, MO 65102
Facsimile No.: (573) 751-8267
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile delivery shall be followed by delivery of the original document, or
a clear and legible copy thereof, within three (3) business days of the date of facsimile
transmission of that document.
(27) 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.
• 6
(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
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 (27) 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.
(28) 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
7
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.
[Remainder of Page Intentionally Left Blank]
•
8
• IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the City this 2 day of , 200 .
Executed by the Commission this day of , 209
MISSOURI HIGHWAYS AND CITY OF JEFFERSON
T A ORTATION MMISSION
Title Chief Financial Officer Titl
ATTEST: ATT
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Secretary to the Commission
Title
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[If needed to authorize a city official
to execute the agreement.]
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CHEC"E SITE PLAN D BY: NO: DATE: REVISION AND DESCRIPTION
III DRAWN BY:
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00 STADIUM,LESLIE,AND
COMMUNITY DEVELOPMENT DATE:
1� � P f` PwTw,cx e,su..uvw..,P.i.,o�aecTen IAFAYETTE INTERSECTION
CCO Form: RM11
Approved: 07/96 (KMH)
Revised: 01/07 (BDG)
Modified:
CFDA Number: CFDA #20.205
CFDA Title: Highway Planning and Construction
Award name/number: STP-3111 (508)
Award Year: FY08
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
STP-URBAN PROGRAM AGREEMENT
THIS STP-URBAN AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Jefferson, Cole
County, Missouri (hereinafter, "City").
WITNESSETH:
WHEREAS, 23 U.S.C. §133 authorizes a Surface Transportation Program (STP)
to fund transportation related projects; and
• WHEREAS, the City desires to construct certain improvements, more specifically
described below, using such STP funding; and
WHEREAS, those improvements are to be designed and constructed in
compliance with the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE: The improvement contemplated by this Agreement and
designated as Project STP-3111 (508) involves:
Construct curb and gutter and sidewalk along Leslie from Chestnut
to Stadium and construction of a roundabout at the intersection of
Stadium, Leslie and Lafayette.
(2) LOCATION: The contemplated improvement designated as Project STP-
3111 (508) by the Commission is within the city limits of Jefferson City, Missouri. The
general location of the improvement is shown on an attachment hereto marked "Exhibit
A" and incorporated herein by reference. More specific descriptions are as follows:
•
Intersection of Stadium, Leslie, and Lafayette in the City of
• Jefferson.
(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) LIMITS OF SYSTEM: The limits of the surface transportation system for
the City shall correspond to its geographical area as encompassed by the urban
boundaries of the City as fixed cooperatively by the parties subject to approval by the
Federal Highway Administration (FHWA).
(5) ROUTES TO BE INCLUDED: The City shall select the high traffic volume
arterial and collector routes to be included in the surface transportation system, to be
concurred with by the Commission, subject to approval by the FHWA. It is understood
by the parties that surface transportation system projects will be limited to the said
surface transportation system, but that streets and arterial routes may be added to the
surface transportation system, including transfers from other federal aid systems.
• (6) INVENTORY AND INSPECTION: The City shall:
(A) Furnish annually, upon request from the Commission or FWHA,
information concerning conditions on streets included in the STP system under local
jurisdiction indicating miles of system by pavement width, surface type, number of lanes
and traffic volume category.
(B) Inspect and provide inventories of all bridges on that portion of the
federal-aid highway systems under the jurisdiction of the City in accordance with the
Federal Special Bridge Replacement Program, as set forth in 23 U.S.C. §144, and
applicable amendments or regulations promulgated thereunder.
(8) CITY TO MAINTAIN: Upon completion of construction of this
improvement, the City shall accept control and maintenance of the improved street and
shall thereafter keep, control, and maintain the same as, and for all purposes, a part of
the City street system at its own cost and expense and at no cost and expense
whatsoever to the Commission. Any traffic signals installed on highways maintained by
the Commission will be turned over to the Commission upon completion of the project
for maintenance. All obligations of the Commission under this Agreement shall cease
upon completion of the improvement.
• 2
--
(9) 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.
(10) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction
under the Surface Transportation Program for the City will be constructed in accordance
with current Missouri Department of Transportation (MoDOT) design
criteria/specifications for urban construction unless separate standards for the surface
transportation system have been established by the City and the Commission subject to
the approval of the Federal Highway Administration.
(11) 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 the 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 the 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 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.
(12) REIMBURSEMENT: The cost of the contemplated improvements will be
borne by the United States Government and by the City as follows:
(A) The United States Government is presently participating in Eighty
percent (80%) of the eligible costs of STP-Urban Projects. Any costs for these
improvements which exceed federal reimbursement shall be the sole responsibility of
the City. The Commission shall not be responsible for any costs associated with these
• 3
improvements unless specifically identified in this Agreement or subsequent
amendments. Any costs incurred by the City prior to authorization from FHWA and
notification to proceed from the Commission are not reimbursable costs.
(B) The total reimbursement otherwise payable to the City under this
Agreement is subject to reduction, offset, levy, judgment, collection or withholding, if
there is a reduction in the available federal funding, or to satisfy other obligations of the
City to the Commission, the State of Missouri, the United States, or another entity acting
pursuant to a lawful court order, which City obligations or liability are created by law,
judicial action, or by pledge, contract or other enforceable instrument. Any costs
incurred by the City prior to authorization from FHWA and notification to proceed from
the Commission are not reimbursable costs.
(13) PERMITS: The City shall secure any.necessary approvals or permits from
the Federal Government and the State of Missouri as required to permit the construction
and maintenance of the contemplated improvements.
(14) TRAFFIC CONTROL: The plans shall provide for handling traffic with
signs, signal and marking in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD).
(15) WORK ON STATE RIGHT OF WAY: If any contemplated improvements
for Project STP-3111 (508) will involve work on the state's right of way, the City will
• provide reproducible final plans to the Commission relating to such work.
(16) DISADVANTAGED BUSINESS ENTERPRISES: At time of processing
the required project agreements with the Federal Highway Administration, the
Commission will advise the City of any required goals for participation by disadvantaged
business enterprises to be included in the City's 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.
(17) 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.
(18) PROGRESS PAYMENTS: Progress payments to the City for preliminary
engineering and right of way are available upon the City's written request. In the event
Project STP-3111 (508) is not built or is built to standards not satisfactory to the Federal
Highway Administration, the City agrees to repay the Commission for any progress
payments made to the City for the respective project and agrees that the Commission
may deduct progress payments made to the City from future payments to the City.
4
(19) OUTDOOR ADVERTISING: The City further agrees that the right of way
provided for any Surface Transportation Program improvement will be held and
maintained inviolate for public highway or street purposes, and will enact and enforce
any ordinances or regulations necessary to prohibit the presence of billboards or other
advertising signs or devices and the vending or sale of merchandise on such right of
way, and will remove or cause to be removed from such right of way any sign, private
installation of any nature, or any privately owned object or thing which may interfere with
the free flow of traffic or impair the full use and safety of the highway or street.
(20) PROJECT AUDIT: The Commission will perform a final audit of project
costs. The United States Government shall reimburse the City, through the
Commission, any monies due. The City shall refund any overpayments as determined
by the final audit.
(21) OMB AUDIT: If the City expend(s) five hundred thousand ($500,000) or
more in a year in federal finance assistance it is required to have an independent
annual audit conducted in accordance with OMB Circular A-133. A copy of the audit
report shall be submitted to the Missouri Department of Transportation (MoDOT) within
thirty (30) days of the issuance of the report. Subject to the requirements of OMB
Circular A-133, if the City expend(s) less than five hundred thousands dollars
($500,000) a year, the City may be exempt from auditing requirements for that year but
records must be available for review or audit by applicable state and federal authorities.
• (22) 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.
(23) 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.
(24) 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.
(25) 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.
(26) NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be in writing and shall be deemed given three (3) days after
delivery by United States mail, regular mail postage prepaid, or upon receipt by
personal or facsimile delivery, addressed as follows:
• 5
• (A) To the City:
Matt Morasch, Director of Public Works
320 East McCarty Street
Jefferson City, MO 65101
Facsimile No.: (573) 634-6562
(B) To the Commission:
Roger Schwartze, Central District Engineer
1511 Missouri Boulevard
P.O. Box 718
Jefferson City, MO 65102
Facsimile No.: (573) 751-8267
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile delivery shall be followed by delivery of the original document, or
a clear and legible copy thereof, within three (3) business days of the date of facsimile
transmission of that document.
(27) 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.
• 6
(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
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 (27) 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.
(28) 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
• 7
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.
[Remainder of Page Intentionally Left Blank]
•
• 8
J
• IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below. q
Executed by the City this -1 day of , 200$. 8V
Executed by the Commission this A(Zy of , 20 9119
MISSOURI HIGHWAYS AND CITY OF JEFFERSON
TRANSPORTATION COMMISSION
2 49 B
Title Hof Fin,�ncial Officer Titl 0.y0�,
ATTEST: ATT
By
Secretary to the Commission
Title
Appro ed rto Form: Approved o Form:
•
By
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Title C, 0( hs-e o
[If needed to authorize a city official
to execute the agreement.]
Ordinance No: / S7
• 9
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