HomeMy WebLinkAbout1056 MoDot Sidewalk Improvements BILL NO. 2011-004 ORDINANCE NO. ��
AN ORDINANCE APPROVING A SIDEWALK IMPROVEMENTS AGREEMENT BETWEEN
THE CITY AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION IN
CONNECTION WITH THE LINE CREEK VIVION ROAD BRIDGE REPLACEMENT AND
RELATED ROADWAY IMPROVEMENTS; AUTHORIZING, RATIFIYING AND CONFIRMING
THE EXECUTION AND DELIVERY OF SAME, AND AUTHORIZING CERTAIN ADDITIONAL
ACTIONS IN CONNECTION THEREWITH.
WHEREAS, the Board of Aldermen find it is necessary and desirable to enter into an
agreement to provide for the rights and responsibilities of the parties related to the construction
and maintenance of sidewalks constructed in connection with the replacement of the Vivion
Road Bridge over Line Creek in substantially the same form as set forth in Exhibit A attached
hereto;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1- AGREEMENT APPROVED. That a Sidewalk Improvements Agreement
by and between the City and the Missouri Highways and Transportation Commission (the
"AgreemenY') in substantially the same form attached hereto as Exhibit A is hereby approved
and authorized. Further, the execution of such Agreement and the delivery of same by the City
Administrator, or designee, to the Missouri Highways and Transportation Commission is hereby
authorized, ratified and confirmed.
SECTION 2- AUTHORITY GRANTED. That all actions heretofore taken by the
officers, representatives and agents of the City in connection with the transaction contemplated
by this Ordinance are hereby ratified and confirmed, and the City shall, and the officers,
representatives and agents of the City are hereby authorized and directed to, take such further
action, and execute and deliver such other documents and instruments as may be necessary or
desirable to carry out and comply with the intent of this Ordinance, and to carry out, comply with
and perForm the duties of the City with respect to such Agreement.
SECTION 3- EFFECTIVE DATE. That this Ordinance shall be in full force and effect
from and after its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of th Board of AI ermen and APPROVED by the Mayor of the
City of Riverside, Missouri, this �day of u! .lG , 2011.
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Mayor Kathleen L. Rose
ATTESTf Appr is}to form:
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Robin Littrell, Cit Clerk � an y T om on, City Attorney I
CCO Form: MT17
Approved: 12/07 (BDG)
Revised: 02/10 (ASB)
Modified: 01/11 (JSB)
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
SIDEWALK IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made and entered into by and between the Missouri
Highways and Transportation Commission (hereinafter, "Commission"), whose
address is P.O. Box 270, 105 W. Capitol, Jefferson City, Missouri 65102, and the
City of Riverside, Missouri (hereinafter, "City"), whose address is 2950 NW Vivion
Rd, Riverside, Missouri 64150.
WITNNESSETH:
WHEREAS, the Commission owns and operates, as part of the State
Highway System, Vivion Rd. and bridge # A7804 on Vivion Rd. over Line Creek,
located within the City limits in Platte County; and
WHEREAS, the City is desirous of performing certain tasks related to the
installation and maintenance of sidewalk improvements within the City limits; and
WHEREAS, the Commission and the City shall concurrently enter into a
RM11 STP-Urban Program Agreement which will address all financial and project
related responsibilities contemplated for Project STP-3400 (424).
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained in this Agreement, the parties agree as follows:
(1) PROPOSAL: The City proposes and the Commission will allow the
installation, including maintenance, of sidewalk improvements on Commission right-
of-way as provided in this Agreement.
(2) LOCATION: The general location of the sidewalk improvements to be
installed and maintained pursuant to this Agreement is on Vivion Rd. and across
bridge # A7804.
(3) COSTS: All costs associated with the construction of the proposed
sidewalk improvements, including, but not limited to, signing, traffic signals, and
traffic control during construction, are to paid as detailed in a RM11 STP-Urban
Program Agreement for project STP-3400 (424).
(4) PLANS: The City shall have detailed plans prepared at no cost to the
Commission, which are to be submitted to the Commission's District Engineer for the
Commission's review and approval. The Commission's District Engineer, in his/her
sole discretion, may require modifications to the plans prior to approving the plans.
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(5) TRAFFIC CONTROL DEVICES: All pavement marking, signs, and
traffic signals installed with the proposed improvements shall be in accordance with
the latest revision of the Manual on Uniform Traffic Control Devices for Streets and
Highways.
(6) RELOCATION: The City shall secure the removal, relocation or
adjustment of any public or private utilities located on private easements or public
right-of way, if the construction of the herein contemplated improvements so
required, without cost to the Commission.
(7) INSPECTION: The City will allow inspection of the construction and
maintenance activities of the herein contemplated improvements by the
Commission's District Engineer, or his authorized representative, at any time and
shall take no attempts to prevent said inspection. Within thirty (30) days following
notice by the City to the Commission that construction is complete, the Commission
will inspect the work to determine that it is acceptable. The sidewalk improvements
will not be placed in operation until the Commission authorizes.
(8) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, 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 wrongful or negligent performance of its obligations under
this Agreement.
(B) The City will require any contractor procured by the City to work
under this Agreement:
(1) To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by
an authorized contractor representative (a permit from the Commission's district
engineer will not be required for work outside of the Commission's right-of-way); and
(2) To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue
insurance in Missouri, and to name the Commission, and the Missouri Department of
Transportation and its employees, as additional named insureds in amounts
sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000
per claimant and $3,000,000 per occurrence) as calculated by the Missouri
Department of Insurance, Financial Institutions and Professional Registration, and
published annually in the Missouri Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or
be construed as a waiver or limitation for either party's rights or defenses with regard
to each party's applicable sovereign, governmental, or official immunities and
protections as provided by federal and state constitution or law.
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(9) OWNERSHIP AND MAINTENANCE: All improvements contemplated
for sidewalk improvements constructed within project STP-3400 (424) within the
state-owned right-of-way shall become the Commission's property. The City, at its
sole cost and expense, is responsible for maintaining all sidewalk improvements
constructed or installed pursuant to this Agreement in fully operational, safe and
aesthetically acceptable condition. All future alterations, modifications, or
maintenance of the sidewalk improvements will be the responsibility of the City.
Maintenance by the City will include, but is not limited to, crack repair, patching
holes, removing litter, debris, trash, and leaves, and removal of snow and ice
(through methods approved by the Commission). All sidewalk improvements
constructed pursuant to this Agreement shall be maintained in a condition safe for
use of the sidewalks by the general public at all times. If the City fails to maintain
the sidewalk improvements in a safe condition, the Commission may cancel this
Agreement and remove the sidewalk improvements from Commission right of way or
the Commission may maintain the sidewalk improvements at the City's cost and
expense.
(10) PERMITS: Before beginning alterations, modifications, or
maintenance, the City shall secure from the Commission's District Engineer a permit
to complete the work. The City shall comply with any additional conditions placed on
the permit by the Commission. For operations removing litter, removing debris,
removing trash, removing leaves, and removing snow and ice a permit will not be
required.
(11) BOND: The City shall secure sufficient bond, as determined by the
Commission's District Engineer or his authorized representative, for the construction
of the proposed improvement on Commission right-of-way.
(12) CONSTRUCTION OF IMPROVEMENTS: All construction of the
proposed improvements shall be according to the latest editions of the Missouri
Highways and Transportation Commission's Standard Specifications for Highway
Construction, Standard Plans for Highway Construction, and the Missouri
Department of Transportation's Approved Products List for Traffic Signals and
Highway Lighting.
(13) 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 City
and the Commission.
(14) ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(15) AUDIT OF RECORDS: The City must maintain all records relating to
this Agreement, including but not limited to invoices, payrolls, etc. These records
must be available at all reasonable times at no charge to the Commission and/or its
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designees or representatives during the period of this Agreement and any extension
thereof, and for three (3) years from the date of final payment made under this
Agreement.
(16) CANCELLATION: The Commission may cancel this Agreement at any
time for a material breach of contractual obligations by providing the City with written
notice of cancellation. Should the Commission exercise its right to cancel the
contract for such reasons, cancellation will become effective upon the date specified
in the notice of cancellation sent to the City. In addition, if the Commission, in its
sole discretion, determines that the removal of the sidewalk improvements from the
Commission's right of way is in the best interests of the state highway system, the
Commission may terminate this Agreement and remove the sidewalk improvements
from Commission right of way.
(17) 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.
(18) MISSOURI NONDISCRIMINATION CLAUSE: The City shall comply
with all state and federal statutes applicable to City relating to nondiscrimination,
including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil
Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and
with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101,
et seq.).
(19) 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.
(20) 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.
(21) 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.
(22) NO INTEREST: By constructing and maintaining the sidewalk
improvements on Commission right of way, the City gains no interest in Commission
right-of-way whatsoever. The Commission shall not be obligated to keep the
constructed improvements in place if the Commission, in its sole discretion,
determines removal or modification of the improvements is in the best interests of
the state highway system. In the event the Commission decides to remove the
improvements, the City shall not be entitled to a refund of the funds expended by the
City pursuant to this Agreement.
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•
(23) 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.
(24) 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.
(25) 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.
(26) DURATION: Unless otherwise terminated pursuant to (9) or (16),
above, or through mutual agreement of the parties, this Agreement shall be in effect
for a continuing duration upon execution of this Agreement.
(Remainder of Page Intentionally Left Blank)
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IN WITNESS WHEREOF, the parties have entered into this Agreement on
the date last written below. Os
Executed by the City this day of T`�� r. , 20 I f .
Executed by the Commission this '0 day of ce46, , 201/ .
MISSOURI HIGHWAYS AND
TRA SP ATION COMMISSION CITY OF RIVERSIDE •
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By ��'�L �Z L By 1\ is, . : "�'�` /y
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Chief Financial Officer 1t
Title Title C,i�1 dm,`0;5 lu orb.
/aTTFST- ATTEST:
By - L
Secret y to the Commission (� /}
Title 0i y eI eE4
A roved as to Form: Appr -to Form:
Co mission Counsel �
Titl V ,--1) 11-#04n -cl
Ordinance Number: /O In
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