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HomeMy WebLinkAbout1121 Supplemental Agreement MoDot i BILL NO. 2012-028 ORDINANCE NO. LL AN ORDINANCE APPROVING A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION IN CONNECTION WITH THE LINE CREEK VIVI�N 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, on February 1, 2011 the Board of Alderman approved Ordinance 2011-0 03 to provide for the utilization of Surface Transportation Program (STP) funding from the Missouri Highways and Transportation Com mission for the replacement of the Vivion Road Bridge over Line Creek; and WHEREAS, the original agreement provided for reimbursement of the City for a portion of the improvements contemplated by the agreement in the amount of $718,000 by the Commission as the Commission's funding became available in state fiscal year 2015; and WHEREAS, the parties desire to am end the original agreement to provide for such funding to be paid from funds available in state fiscal year 2012 as more fully 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 the STP-Urban Program Supplemental Agreement by and between the City and the Missouri Highways and Transportation Commission (the "Agreem enY') 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 docum ents 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 Agreem ent. 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 f,j� Board of Aldermen and APPROVED by the Mayor of the City of Riversid�; Missouri, this��'!�eFay of May, 2012. 0 �l 0 _ �:� ��. a or Kathleen L. Rose . q . ., :. • � '; , : �., , a "� T T: , Appr to form: ° a r . �,.�--:;,,� �S�4iCf/L D�,�j Robin Littrell, y T om on, City Attorney CCO Form: RM11-SUP Platte County Approved: 05/02 (BDG) City of Riverside Revised: 02/10 (MWH) Project: US 69 Line Creek Bridge Replacement Modified: CFDA Number: CFDA #20.205 CFDA Title: Highway Planning and Construction Award name/number: STP - 3400(424)/J4S2206 Award Year: 2012 Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION STP-URBAN PROGRAM SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Riverside (hereinafter, „ City"). WITNESSETH: WHEREAS, on February 18, 2011 the Commission and the City previously entered into a STP-Urban Funds Agreement as to public improvements designated as STP 3400(424)/J4S2206, for the construction of Bridge A7804 over Line Creek on US 69, (hereinafter, "Original AgreemenY'); and . WHEREAS, the Commission and the City now desire to revise-the Original Agreement as provided in this Supplemental Agreement. . � NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) REVISION: Paragraph (12) REIMBURSEMENT, Section (C) of the Original Agreement is hereby removed and replaced with the following: (C) The Commission shall reimburse the City for a portion of the improvements contemplated under this agreement for the work pertormed by the City on the Commission Right-of-way. The Commission has established STP 3400(421) as Commission project #J4S2206 and will reimburse the City for the City's local share of eligible construction costs in an amount not to exceed Seven-Hundred Eighteen Thousand Dollars ($718,000) as the Commission's funding becomes available in state fiscal year 2012. The City shall submit invoices documenting eligible construction costs prior to Commission's reimbursement. (2) ORIGINAL AGREEMENT: Except as otherwise modified, amended, or supplemented by this Supplemental Agreement, the Original Agreement between the parties shall remain in full force and effect and shall extend and apply to this Supplemental Agreement as if fully written in this Supplemental Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this �� day of , 20 �� Executed by the Commission this � day of , 20� MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF RIVERSIDE �� ...--../� � �.a_".� By �R�`.Ga�� �� Title: Chief Engineer Title: �o � �� �ATT ST: ATTEST: � B�K=���a:o-c.x. �dr���.� Secretary to the ommi sion n_, n _� Title: L.i i,e� ( f/ �-- Approved as to Form: n Approved as to Form: _� ��%' �� �� � 1 / � C Co�nse — � Title: � Ordinance No.:�_ 2