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HomeMy Public PortalAboutORD14162.r BILL NO. 2006-137 SPONSORED BY COUNCILMEN FERGU SO N and Harvey ORDINANCE NO. l LI J 16 G— AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST PARTICIPATION AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION COMMISSION. 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 a Cost Participation Agreement with the Missouri Department of Transportation. Section 2. The amendment shall be substantially the same in form and content as that amendment attached hereto as Exhibit A. i Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: .f.�� �"l . o��� ApproC�//� , tad -7 7L resi 'ng Officer Mayor ATT APPROVED AS TO FORM: City Clerk City ounselor l l LI l6L • CCO Form: RM10 Route 50/63 Approved: 03/04 (BDG) Project No. J5P0844 Revised: 10/06 (BDG) Cole County Modified: 01/07 (MRA) Jefferson City MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION COST PARTICIPATION AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission"), the County of Cole (hereinafter, "County"), and the City of Jefferson (hereinafter, "City"). WITNESSETH: WHEREAS, the Commission owns and maintains Route 50/63 in Cole County as part of the State Highway System; WHEREAS, the parties desire the improvement or reconstruction of Route 50/63, extending from approximately one hundred feet west of the intersection of Expressview Drive and Route 50/63 to approximately one thousand seven hundred feet east of the intersection of City View Drive and Route 50/63; WHEREAS, the Commission has prepared detailed plans for this improvement; and WHEREAS, the City and County are willing to provide funds and right-of-way to assist in the construction of the improvements subject to the terms and conditions herein; 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 participation by the City and County in the -cost of the public improvement for Route 50/63, designated by the Commission as Job No. J5P0844. (2) LOCATION: The transportation improvement that is the subject of this Agreement is contemplated at the following location: Beginning at Station 171+04.15, a point approximately one hundred (100) feet west of the intersection of Expressview Drive and Route 50/63, run in a general easterly direction along existing Route 50/63 to 241+58.91, a • point approximately one thousand seven hundred feet east of the intersection of Cityview Drive and Route 50/63. The length of the -1- • improvement is approximately 1.5 miles. The general location of the public improvement is shown on an attached sketch marked "Exhibit A" and made a part of this Agreement. The detailed location of the improvement is shown on the plans prepared by the Commission for the above-designated route and project. (3) COMMISSION REPRESENTATIVE: The Commission's 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. (4) PROJECT RESPONSIBILITIES: With regard to project responsibilities under this Agreement, the parties agree to contribute as follows: (A) The Commission will be responsible for the preparation of detailed right-of-way and construction plans and project specifications. This includes design, letting of project, and inspection of project. The plans shall be prepared in accordance with and conform to Commission requirements. (B) The City shall acquire all right-of-way needed for the project in • accordance with MoDOT's most current Local Public Agency (LPA) Manual. The City shall convey all of this acquired right-of-way via warranty deed to the Commission at least six (6) weeks prior to the letting date of the project. (C) The Commission will be responsible for letting the work for the herein improvement, which includes advertising the project for bids and awarding the construction contract. The Commission will solicit bids for the herein improvement in accordance with plans developed by the Commission, or as the plans may from time to time be modified in order to carry out the work as contemplated. (D) The Commission will be responsible for construction of the herein improvements, which includes administration of the construction contract and inspection of the project work. (5) PAYMENT RESPONSIBILITIES: With regard to payment responsibilities under this Agreement, the parties agree to contribute as follows: (A) The currently estimated cost of the project is eleven million, seven hundred sixty-nine thousand four hundred forty-one dollars ($11,769,441). The details of the estimated cost breakdown may be seen in "Exhibit A," which is incorporated herein and attached hereto. The total project cost will include right of way acquisition, • utility relocation, project construction, and work inspection. (B) To contribute toward the cost of the public improvement for Route -2- • 50/63, the County shall remit a check to pay the Commission in the amount of three hundred thousand dollars ($300,000), and no more, at least six (6) weeks prior to the letting date of the project. This check should be made payable to the "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. The County agrees that all funds deposited by the County, pursuant to this Agreement with the Commission, may be commingled by the Commission with other similar monies deposited from other sources. This 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 state road fund. If the amount deposited with the Commission shall be less than the actual obligation of the County for this project, the County, upon written notification by the Commission, shall tender the necessary monies to the Commission to completely satisfy its obligation. (C) As above-mentioned, the City shall be obligated to acquire all of the right-of-way needed for the project; however, the City shall not be obligated to expend more than six hundred thousand ($600,000) of its own funding on this right-of-way acquisition. If additional right-of-way is needed after the City has expended six hundred thousand dollars ($600,000), the City shall acquire the remaining right-of-way required for the project at the cost and expense of the Commission. The City shall convey all of this acquired right-of-way via warranty deed to the Commission at no cost or expense to • the Commission. If the City fails to convey this acquired right-of-way to the Commission at least six (6) weeks prior to the letting date of the project, the Commission is under no obligation to continue with the project, and at the Commission's option, the City shall either: (1) repay to the Commission the funding expended by the Commission toward right-of-way acquisition, or (2) convey to the Commission via warranty deed the right-of- way acquired with Commission funding. (D) The Commission will pay a maximum contribution of five million six hundred twenty-one thousand three hundred seventy-six dollars ($5,621,376) toward the actual project costs of Job No. J5130844. Two million six hundred twenty-one thousand three hundred seventy-six dollars ($2,621,376) of this funding will be available for the project on or after August 1, 2006. Three million dollars ($3,000,000) of this funding will be available for the project on or after August 1, 2007. If additional right-of- way is needed after the City has expended six hundred thousand ($600,000) on acquired right-of-way, the Commission shall utilize a portion of this Commission contribution to pay the City in advance for the acquisition of the remaining right-of-way required for the project. (6) TRANSPORTATION DEVELOPMENT DISTRICT FUNDING: By separate agreement, it is intended for the U.S. Highway 50/63 and City View Transportation Development District to assume responsibility for all project costs exceeding the above- mentioned contributions by the Commission, City, and County under this Agreement, • which is currently estimated at five million, two hundred forty-eight thousand sixty-five dollars $5,248,065. If the U.S. Highway 50/63 and City View Transportation Development District does not remit a check to the Commission for the amount it owes -3- • at least six (6) weeks prior to the letting date of the project, the Commission is under no obligation to continue with the project. (7) ADDITIONAL FUNDING: In the event the Commission obtains additional federal, state, local, private or other funds to construct the improvement being constructed pursuant to this Agreement that are not obligated at the time of execution of this Agreement, the County or City shall not receive an offset for the deposited funds, a reduction in obligation, or a return of, a refund of, or a release of any funds deposited by the County with the Commission or expended by the City on right-of-way pursuant to this Agreement. (8) 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 parties. (9) ASSIGNMENT: The City or County 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 City and County shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. • (11) APPROVAL OF FHWA AND AVAILABILITY OF FUNDS: This Agreement is entered into subject to the approval of the Federal Highway Administration and is further subject to the availability of federal and state funds for this construction. (12) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the City and 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. (13) 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. (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 and the City. • -4- • (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 their funds contributed pursuant to this Agreement. (17) 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. (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. (19) 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. • (20) 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. (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. [remainder of page intentionally left blank] • -5- f • IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this=day of , 200. Executed by the County this IqL day of e , 203 . Executed by the Commission this g&-day of .h , 200 . MISSOURI HIGHWAYS AND TRA SP ATION COMMISSION COUNTY 9f COLE By By Chief Financial Officer Title Title Presidinq Commissioner 6f LAJ ATTEST: (Commission seal) A T: Co 1 Secretary to the Commission ; kK unty Cl r APPROVED AS TO FORM: unty Auditor rtify 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 which payment is to be incurred." Commission Counsel APPROVED AS TO FORM: CITY O 7EN By B Title Title �-- A .(City seal) By - Title APPROV AS OR • By Title �D` G�`l/�'�— City Ordinance Number `, �" EXHIBIT A TDD Cost Share Project on MO 50 in the City of Jefferson City, Cole County: TDD contribution $5,248,065 State contribution $5,621,376 City of Jefferson $ 600,000 County of Cole $ 300,000 Total Project $11,769,441 • • -8- ar 12 - 2007 3: 13PMoLE `Cole County Publ is Worksi67E TO.563683ENo. 4439 P . 2 Cole County Commisslon Minutes January Term 17th Day February 28, 2007 8;05 a.m. CALL TO ORDER The Cole County Commission met with Prsslding Commissioner Marc Ellinger, Eastern District Commissioner Mike Forck, Western District Commissioner Chris Wrigley, C&C Group Brian Schepers, Maintenance Director Dale Rackers, County Collector Skip Rich, Public Works Eric Landwehr, Director Public Works Larry Benz, News Tribune reporter Jeff Heldiman, KLIK Brocasting Dean Morgan, Cole County Residential Services Gavin Allan, Karen Allan, Court Adminstrator Marilue Hemmel, Director of County Health Department Jane Hubbs and Deputy Clerk Betty Moeckll-Taggart present. Director of Public Works Larry Benz, came before the Commission to discuss Missouri Highways and Transportation Commission Cost Participation Agreement. MOTION - Commissioner Forck made a motion to approve the Missouri Highways and Transporation Commission Cost Participation Agreement in the amount of$300,000.00, Commissioner Wrigley seconded the motion. The motion passed by unanimous vote; Commissioner Forck (Yes), Commissioner Wrigley (Yes). • NEW BUSINESS A. First Public Hearing was held for Budget Adjustment#1, regarding the Health Department Grant for Community Pandemic Preparedness. B. Maintenance Director Dale Rackers, came before the Commission regarding serveral issues, C&C Croup discussed potential savings for heating and cooling, Carnegie building recommendation for roof HVAC Unit and Annex recommendation for boiler rebuild, MOTION - Commissioner Forck made a motion to approve the rebuilding a boiler in the courthouse annex In the estimated cost$5,000,00. Commissioner Wrigley seconded the motion. The motion passed by unanimous vote, Commissioner Forck (Yes), Commissioner-Wrigley (Yes). MOTION - Commissioner Wrigley made a motion to approve the HVAC unit repair and leave the HVAC unit on top of the Carnegie building, cap off all the lines and leave the unit In place. Commissioner Forck seconded the motion. The motion passed by unanimous vote, Commissioner Forck (Yes), Commissioner Wrigley (Yes). Jewel Pohlman and Karen Allen came before the commission to discuss Cole County Residential Services and appointing new Board Director's. • APPROVED COPY Wadneadny.February 28,2007 MALI`� �e rte i u:tb.sea.:4 o •4 4 3 9 P . 3 , Mar � 12 � 2001 3 � 13PM 1� i Cole County Public Works _ Cole County Commission Minutes MOTION - Commissloner Forck made a motion.to take names presented to the commission undervisement, to serve on the Residental Board of Directors. The commission will set up interviews for Board of Directors and appoint the members at a later date. Commissioner Wrigley seconded the motion, The motion passed by unanimous vote: Commissioner Forck (Yes), Commissioner Wrigley (Yes). Circuit Clerk Marilue Hammel, came before the commission to discuss the process on how the Jail proposal that was created when it was brought up in 2005. Also discussed was Cole County Circuit Court Local Records Preservation Program, MOTION Commissioner Wrigley made a motion to accept grant money from the State of Missouri for Local Records Preservation Program. Cole County Circuit Court agrees to provide matching funds will meet or exceed 30% or no less than 10% with 20% in-kind contribution of project cost for record preparation and micro filming. Commissioner Ferek seconded the motion. The motion passed by unlmous vote: Commissioner Forck (Yes), Commissioner Wrigley (Yes), NEW BUSINESS Larry Brandhorst with Architects Alliance and Director of Department of Health Jane Hubbs, came before the commission to discuss the expansion of the County Health Department Building on Industrial Drive. Cost concerns have been brought up since the • current estimate,for the project In $545,000.00. In 2006 the cost estimate was $450,000.00, Jane Hubbs also presented to the commission that she had been awarded a $50,000.00 grant from the WIC Program to help pay for furniture. MOTION - Commissioner Forck made a motion to seek bids for the construction of the expansion health department building, Commissioner Wrigley seconded the motion. The motion passed by unanimous vote: Commissioner Forck (Yes), Commissioner Wrigley (Yes), NSW SUSINESS Cole County Law Enforcement Advlrory Committee held a public heraring Wednesday, February 28, 2007 at St. Martins Knights of Columbus, in St. Martins from 7:00 p.m to 8:00 pm, Attending Were: Charles H. Bolflng, Greg White, Gary Woodward, Charles Hartman, Steve Waters, Rex Owens, Chris Estes, Tracey Allan, Carol Ellinger, Becky Ambrose, Bill Ambrose, Art Ehrhardt, Jackie Beal, Roy Beal, Mike Wyss, Steve Happy, Turner Bond, Jane Morff, John Hawley, Jim Aslakson, Danny & Carol Dandso, Vance Ortmeyer, Irene Muenks, Ronald Muenks, David Morff, Bob Call, Charles Moses and Carol Hartman, Commission will stand in recess until 11:30 a.m. Commission adjourned at 11:30 a.m. • Presiding Commissioner Eastern District Comm, Western District Comm. APPROVED COPY Wednesday,February 28,2007 MAR-14-2007 10:38 P.01i01 BILL NO. 2006-137__ SPONSORED BY COUNCILMEN FERGUSON and Harvey ORDINANCE NO._ ),q 16 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERKTO EXECUTE A COST PARTICIPATION AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION COMMISSION. 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 a Cost Participation Agreement with the Missouri Department of Transportation, Section 2. The amendment shall be substantially the same in form and content as that amendment attached hereto as Exhibit A. SegU911-3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. • Passed: Approv� ; Zod '7 resi ng Officer Mayor ATT APPROVED AS TO FORM: ity Clerk City unselor Post-it"Fax Note 7671 TO-- From Co./Dept Co. Phone# Phone 4 • Fax# Fax# TOTAL P.01