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Home My Public Portal AboutORD14204 i BILL NO. 2007-17 • SPONSORED BY COUNCILMAN : Ferguson ORDINANCE NO. i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST PARTICIPATION AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURPOSE OF PARTICIPATING IN THE COST OF AN ENVIRONMENTAL IMPACT STATEMENT AND LOCATION STUDY FOR THE REX WHITTON EXPRESSWAY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS . FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized to execute a Cost Participation Agreement for the purpose of participating in the cost of an Environmental Impact Statement and location study for the Rex Whitton Expressway. Section 2. This agreement shall be substantially the same in form and content as Exhibit A attached hereto. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. • Passed: -7 Ap ed- Pre ' Officer ayor ,ATTEST: APP D A TO FORM: K "City CI6fk City Cob n or -1- I CCO Form: RM8 Route 50/63, Cole County • Approved: 03/04 (BDG) Project No. J5P0820B Revised: 10/06 (BDG) City of Jefferson & County of Cole Modified: 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 (hereinafter, "City") and the County of Cole (hereinafter, "County"). WITNESSETH: 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 coordinate the participation by the City of Jefferson and the County of Cole in the cost of the Commission's Environmental Impact Statement and Location Study for Cole County, Route 50/63, Job No. J5P0820B (Rex Whitton Expressway). • (2) LOCATION: The transportation improvement that is the subject of this Agreement is contemplated at the following location: Beginning at a point just east of the Route 50/54/63 interchange (the tri-level) at Missouri Boulevard to the Eastland Drive interchange, designated as Route 50/63 (Rex Whitton Expressway), Cole County, Job No. J5P0820B. The general location of the project is shown on attachment marked "Exhibit A" and incorporated herein by reference. (3) 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. (4) COMMISSION REPRESENTATIVE: The Commission's District 5 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. -1- • (5) CITY REPRESENTATIVE: The City's Mayor is designated as the City's representative for the purpose of administering the provisions of this Agreement. The City's representative may designate by written notice other persons having the authority to act on behalf of the City in furtherance of the performance of this Agreement. (6) COUNTY REPRESENTATIVE: The County's Presiding Commissioner is designated as the County's representative for the purpose of administering the provisions of this Agreement. The County's representative may designate by written notice other persons having the authority to act on behalf of the County in furtherance of the performance of this Agreement. (7) 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: (A) To the Commission: Mr. Roger Schwartze, P.E. District Engineer Missouri Department of Transportation, District 5 1511 Missouri Boulevard, P.O. Box 718 Jefferson City, Missouri 65102 . Telefax No.: (573) 522-1059 Telephone No.: (573) 751-3322 (B) To the City: The Honorable John Landwehr Mayor City of Jefferson 320 East McCarty Street Jefferson City, Missouri 65101 Telefax No.: (573) 634-6329 (City Clerk) Telephone No.: (573) 634-6304 (C) To the County: The Honorable Mark Ellinger Presiding Commissioner Cole County Courthouse Annex Room 200 Jefferson City, Missouri 65101 Telefax No.: (573) 634-8031 Telephone No.: (573) 634-9113 i i -2- 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. (8) ASSIGNMENT: The City and/or County shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. i (9) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City and County shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (10) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the City and/or 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/County. (11) STUDY DOCUMENTS: The Commission shall be responsible for preparation of the study documents for the herein improvements. This includes traffic and environmental studies, alternatives analyses, public outreach and document writing. The study documents shall be prepared in accordance with and conform to Commission requirements. i (12) FINANCIAL RESPONSIBILITIES: With regard to work under this Agreement, the City and County agree as follows: (A) The City is responsible for a portion of the project funding in the amount of three hundred and fifty thousand dollars ($350,000.00). The City authorizes the Commission to allocate two hundred and fifty thousand dollars ($250,000.00) of their fiscal year 2007 Surface Transportation Program (STP) -Urban funding to meet a portion of the City's funding obligation. The remaining amount of the City's funding obligation ($100,000.00) shall be provided through the City's fiscal year 2007 Consolidated Planning Grant (CPG). The City authorizes the Commission to expend one hundred thousand dollars and no cents ($100,000.00) of the CPG funding as noted in the fiscal year 2007 Unified Planning Work Program Amendment#1 [see attached Exhibit B]. If the City fails to authorize the funding allocations, the Commission is under no obligation to continue with the project. • (B) The County shall remit a check in the amount of one hundred -3- I thousand dollars and no cents ($100,000.00) by July 1, 2007. This check should be • made payable to Director of Revenue — Credit State Road Fund. If the County fails to make the deposit, the Commission is under no obligation to continue with the project. (C) The Commission is responsible for the balance of the actual project costs in excess of$450,000 up to the current estimated cost of the study equal to seven hundred and fifty thousand dollars and no cents ($750,000.00). The current estimate of the Commission's responsibility for the study is three hundred thousand dollars ($300,000). (D) The Commission agrees, if necessary, to provide an additional fifty thousand dollars ($50,000.00) up to but not exceeding a maximum estimated cost of the study equal to eight hundred thousand dollars and no cents ($800,000.00). Any actual project costs in excess of this value shall be shared equally between the City, County and Commission. (13) COMMINGLING OF FUNDS: The City and County agree that all funds deposited by the City and County, 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 for other state funds. All interest monies shall be payable to the Road fund. If the amount deposited with the Commission shall be less than the actual obligation of the City and County for this project, the City and County, upon written • notification by the Commission, shall tender the necessary monies to the Commission to completely satisfy its obligation. Upon completion of the project, any excess funds, excluding interest, shall be refunded to the City and County based on its pro rata share of the investment. (14) 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. (15) 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. (16) NO INTEREST: By contributing to the cost of this project or improvement, the City and County gain no interest in the constructed roadway or 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 County shall not be entitled to a refund of the funds contributed by the City and County pursuant to this Agreement. • (17) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that i -4- I they are acting officially and properly on behalf of their respective institutions and have • been duly authorized, directed and empowered to execute this Agreement. (18) 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. i (19) 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. (20) 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. (21) 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. • -5- IN WITNESS WHEREOF, the parties have entered into this Agreement on the • date last written below. Executed by the City this IL day of , 20Z,?� Executed by the County thi _day of 2(P2. Executed by the Commission this day of , 2041. CITY OF JEFFERSON, MISSOURI COUNTY OF C LE, MISSOURI By By Title �� Title ATTEST: ATTEST: B B o Title Title Yc� App ed s to F Approved as to Farm: 1 Title: t,/ ("0614 Title: o Ordinance No Ordinance No -6- I I HIGHWAYS HWA YS AND • TRANSPORTATION COMMISSION I Title Chief Engineer ATTEST: Secretary to the Commission App r ed as to For mi on Counsel -7- .=NY y/ay SIKERS�S 1. ? (fR O55j OPT. Dj f 0 rJQ � q. 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ST 6OP' v o NOSIOM FOC D"I'Ll wDGDS f t RESSV/EM OR. py p�R (l 2 6� EXHIBIT A Contract Mt�Fs MISSOURI HIGHWAY Between AND TRANSPORTATION COMMISSION -and- COUNTY OF COLE AND CITY OF JEFFERSON, MISSOURI Job. No.. J5P0820B N\eamapet\urEan_aggrae_.Dqn /t • Eric Bernskoetter,MoDOT 2 CAMPO 2007 UPWP Amendment#1 Proposed Unified planning Work Program(UPWP)Amendment—Capital Area MPO Item:Funding participation in the Whitton Expressway Improvements Environmental Impact Statement Initial Proposal—November 21,2006 Technical Committee and Board of Directors meetings Public notice and comment period: Public Notice advertisements were placed December 1`and IS"'.Public comment period extended from December 1 through December 31,2006. Comment forms and staff contacts were placed online. Proposed Amendment: The proposed UPWP amendment adds an estimated$200,000 to the Studies Section of the UPWP for an Environmental Impact Statement of Whitton Expressway Improvements. The revised Studies section of the UPWP,as proposed,shows the increased Federal funding of$100,000 in Consolidated Planning Grant and additions to the Activities and Products sections of the work element. Cole County is providing$100,000 Local matching funds through the county sales tax. 7. Studies 7.1. Objective: Special transportation studies on current issues or plans as approved by the MPO Board of Directors and local participation. 7.2. Activities: 7.2.1. Approved September 2006 - Coordination of Human Services Transportation — For FTA programs for underserved populations: the Elderly Individuals and Individuals with Disabilities program(Section 5310); the Job Access and Reverse Commute program(Section 5316); and the j New Freedom program (section 5317) funding and projects must be derived from a locally developed,coordinated public transit-human services transportation plan. • Inventory and identify social service and human service agencies and activities that fall under these programs • Participate in a locally developed coordination services plan for the metropolitan region for improving coordination among public transportation and other transportation service providers. 7.2.2. Proposed Amendment - Special Study - Participate in a cooperative Environmental Impact Study for improvements to the Rex Whitton Expressway. 7.3. Products: 7.3.1. Approved September 2006-A plan for coordinated human services transportation. 7.3.2. Proposed Amendment - Rex Whitton Expressway Improvement Environmental Impact Statement 7.4. Previous Work Completed: 7.4.I No special studies have been performed. City 4\0, EXHIBIT B ', • tfOiA tud ferson ,�" 1;13MMU;'vl1Y pEVE1.OPMEN7 building a better community" U'Plan.5inc2STYarslCAti4Ppt200'iup.'l�?_00%2.mend-final Itr.docU.t Plirir.;nn&TranstCAMPDX2007tupkvp2007amend-Final itr.doc r r Eric Bernskoetter,MoDOT 3 CAMPO 2007 UPWP Amendment#1 7.5. Funding(estimated): Funding Source Proposed Amendment New Total Federal—Consolidated Planning Grant $100,000 $105,842 Local—Cole County sales tax $100,000 $100,000 Local—Member jurisdictions $1,460 Total $200,000 $207,302 Previous Actions: The proposed amendment to the UPWP was endorsed by.the Technical Committee and recommended to the Board of Directors where the Board of Directors endorsed the proposal and directed the proposal to be advertised for 30 days to provide the public an opportunity for consideration and comment. Following the 30 day public comment period,the proposal was scheduled for review of the proposal and any comments received, at the scheduled January 4,2007 Technical Committee meeting. An additional public comment period was held during this meeting.No comments were received during the 30 day period or at the Technical Committee meeting. Current actions: The Board of directors takes up the proposal at the January 24,2007 meeting that also includes an opportunity for public comment during the meeting. If approved, an amendment to the UPWP will be added by means of an addendum to the UPWP. i. Itemized listing of fund amounts and sources for the planned Environmental Impact Statement: (for information only) Lead agency: MODOT Project description: Environmental Impact Statement—Whitton Expressway Length: 2.6 mi. Project location: US 50/63 Whitton Expressway from Missouri Blvd. to Eastland Dr. Comments: Anticipated to be a 2 Year Project Phase: Study-EIS Funding Sources FY 2007 FY 2008 FY 2009 FY 2010 Local Cole County Sales Tax $ 100,000 State State-wide Professional Services Fund $ 350,000 Federal STP—City of Jefferson $ 250,000 Federal CPG/PL—Capital Area MPO $ 100,000 Total $ 800,000 EXHIBIT B City,/A�r:,f UI1�6 ateti *� • e �IIIYJ � fso ��r, " C[]MMUNITY DEVEWPMENT 1 "building a better cornmunity" I.I.•F'lam7 ing&Tran stCAMPC?�2007tupwip2007amend final Itr.docU.U'tonr:ng&Trans,CA lti-tPp\'20071upw.p200iamend-final itr doc I, 1 _ - rk r 1. iP ^ e Y. h/ ♦y�e h tfR sr y♦• <us C'"Py er.p. e u...IWiw.. i.BEL--E y♦' f/ F /� S EE_E E 1.rE C4 y, �NR N .♦ � �J. ra' J ^ Q � 2.CE sTSi. .rOaa I y iJ .D.YSpI $ ♦INDE. a.n C °y• ,i C {� J) y Lo (VIER r a a Nrr. a svlErs Nvr. �a F y.. /*yv'rc' a � ff y�. ♦I Z'� /.� i {y y DR. W ad J f9 Jr < St BUY y` V 4x �aa ♦ rIy ti V 't' �'f B y1'q/CCCQVpq ♦• cawr sr. r.RSN.EL F ST t �. J f ♦ fy. "V Y f: E. rIC.RTI , ¢�O J -y y a ♦ °r y. f " 11 f r,TCj J/ yp 'f fY J y � T ICT. tB(c Jf y,'y1�y. ��y 'I�r<� ca li...• f fsf/ � CLLV /f1+. ElrEq YfLSa E' , ' INE IIDVEI a� t W. L CERR D YOVA E 4r IS DEL C aD CT. ^ RD. M1</C4 •QAp .f SIR. '�,'¢q�°f oqE' F(FN C�iQR CYDTTNI:E DS fyy siv/ ft Cry 'OO 9 W bps rR<DR. f1 DR. R EXHIBIT A M�4 F MISSOURI HIGHWAY c Between AND ,s TRANSPORTATION COMMISSION -and- COUNTY OF COLE AND CITY OF JEFFERSON, MISSOURI Job. No.. J5P0820B lm * u m_Dggr<B_ .°9p 11 1 tric Bernskoetter,MoDOT 2 CAMPO 2007 UPWP Amendment#1 __............................................._...... .... • Proposed Unified Planning Work Program(UPWP)Amendment—Capital Area MPO Item:Funding participation in the Whitton Expressway Improvements Environmental Impact Statement Initial Proposal—November 21,2006 Technical Committee and Board of Directors meetings Public notice and comment period: Public Notice advertisements were placed December I"and 15"'.Public comment period extended from December 1 through December 31,2006.Comment forms and staff contacts were placed online. Proposed Amendment: The proposed UPWP amendment adds an estimated$200,000 to the Studies Section of the UPWP for an Environmental Impact Statement of Whitton Expressway Improvements. The revised Studies section of the UPWP,as proposed,shows the increased Federal funding of$100,000 in Consolidated Planning Grant and additions to the Activities and Products sections of the work element. Cole County is providing$100,000 Local matching funds through the county sales tax. 7. Studies 7.1. Objective: Special transportation studies on current issues or plans as approved by the MPO Board of Directors and local participation. 7.2. Activities: 7.2.1. Approved September 2006 - Coordination of Human Services Transportation — For FTA programs for underserved populations: the Elderly Individuals and Individuals with Disabilities program(Section 5310);the Job Access and Reverse Commute program(Section 5316); and the New Freedom program (section 5317) funding and projects must be derived from a locally • developed,coordinated public transit-human services transportation plan. ■ Inventory and identify social service and human service agencies and activities that fall under these programs ■ Participate in a locally developed coordination services plan for the metropolitan region for E improving coordination among public transportation and other transportation service providers. 7.2.2. Proposed Amendment - Special Study - Participate in a cooperative Environmental Impact Study for improvements to the Rex Whitton Expressway. 7.3. Products: 7.3.1. Approved September 2006-A plan for coordinated human services transportation. 7.3.2. Proposed Amendment - Rex Whitton Expressway Improvement Environmental Impact Statement 7.4. Previous Work Completed: 7.4.1 No special studies have been performed. Cily1"� EXHIBIT B �a' 1111. �*' rs o n •�re .' COMMUtvl ry DEVELOPMENT �iW `building a better community" L)T[3.nit!r,!I&TTar,sl CAtiAP4t200 7Wptvp2007amend-.hn,il Itr.rlocU.S planning&TransiCAMP412007tiipam2007amend-final Itr.doc Eric Bernskoetter,MoDOT 3 CAMPO 2007 UPWP Amendment#1 • 7.5. Funding(estimated): Funding Source Proposed Amendment New Total Federal—Consolidated Planning Grant $100,000 $105,842 Local—Cole County sales tax $100,000 $100,000 Local—Member jurisdictions $1,460 Total $200,000 $207,302 Previous Actions:The proposed amendment to the UPWP was endorsed by.the Technical Committee and recommended to the Board of Directors where the Board of Directors endorsed the proposal and directed the proposal to be advertised for 30 days to provide the public an opportunity for consideration and comment. Following the 30 day public comment period,the proposal was scheduled for review of the proposal and any comments received, at the scheduled January 4, 2007 Technical Committee meeting. An additional public comment period was held during this meeting. No comments were received during the 30 day period or at the Technical Committee meeting. Current actions:The Board of directors takes up the proposal at the January 24,2007 meeting that also includes an opportunity for public comment during the meeting. If approved,an amendment to the UPWP will be added by means of an addendum to the UPWP. • Itemized listing of fund amounts and sources for the planned Environmental Impact Statement: (for information only) Lead agency: MODOT Project description: Environmental Impact Statement—Whitton Expressway Length: 2.6 mi. Project location: US 50/63 Whitton Expressway from Missouri Blvd.to Eastland Dr. Comments: Anticipated to be a 2 Year Project Phase: Study-EIS Funding Sources FY 2007 FY 2008 FY 2009 FY 2010 Local Cole County Sales Tax $ 100,000 State State-wide Professional Services Fund $ 350,000 Federal STP—City of Jefferson $ 250,000 Federal CPG/PL—Capital Area MPO $ 100,000 Total $ 800,000 EXHIBIT B amity " r ersonp Pn COMMUNITY DEVELOPMENT 1 "building a better community" I.I.+F'Iann!rp&1'tans:CAMPO 20071upwp2007amend•final lU.docU:1(3Ianning&TransiCAMP0120071upwp200%amend••finaI Itr doc