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Home My WebLink About2007-112 - Supplement to Cost Participation Agreement with the Missouri Highways and Transportation CommissionBILL N0.2007-112 ORDINANCE N0.2007-112 AN ORDINANCE AUTHORIZING THE CITY OF RIVERIDE, MISSOURI TO ENTER INTO A SUPPLEMENTAL AGREEMENT TO THE COST PARTICIl'ATION AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE I-635 INTERCHANGE AND ROUTE 9 HIGHWAY IMPROVEMENTS WHEREAS, the City of Riverside, Missouri (the "City") and the Missouri Highways and Transportation Commission have reached a supplemental agreement concerning the I-635 Interchange and Route 9 Highway Improvements; NOW, THEREFOR, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City shall enter into a Supplemental Agreement, to be substantially in the form attached hereto as Exhibit A, with the Missouri Highways and Transportation Commission. Section 2. The execution and delivery of the Supplemental Agreement is approved, and the Mayor is authorized to execute the Agreement, and the City Administrator and City staff are authorized to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Supplemental Agreement being conclusive evidence of such approval. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~ day of , 2007 Mayor Kathleen L. Rose ATTEST L ise Rusick, City Jerk T ,# 1 ` f~~l.~ ~~ f~, t . ~~~ ho \ , ~" ~ ~ ` ~ ~k ~ CCO Form; 1~~~~ } ~~Y~ ~ Approved: "1 Revised: ~~ 1 Modified: Routes 635/9/Horizons Pkwy, Platte County Job Nos. J411709, J411709A City of Riverside MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION MUNICIPAL AGREEMENT SUPPLEMENTAL AGREEMENT THIS FIRST SUPPLEMENTAL AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Riverside (hereinafter, "City"). WITNESSETH: WHEREAS, on October 11, 2005 the Commission and the City entered into a Municipal Agreement as to public improvements designated as Commission Job Nos. J411709 and J411709A, and City Project (hereinafter, "Original Agreement") for improvements consisting of the following: (A) Public improvement designated as Job No. J411709 Route 1- 635, Platte County, consisting of the addition of a diamond interchange at Horizons Parkway (formerly Van de Populier), including storage lanes, auxiliary lanes, replacement of bridges over Horizons Parkway, widening of bridges over the drainage ditch and ramps, (B) Public improvement designated as Job No. J411709A Route 9, Platte County, consisting of the addition of turn lanes and signalization at Horizons Parkway, addition of turn lanes and signal modifications at Northwood, and the widening from two lanes to three lanes in each direction beginning at Mattox Road and continuing to just west to the interchange with I-635. (C) Public improvement designated as the City Project, Horizons Parkway, Platte County, consisting of the reconstruction to a four lane divided parkway and realignment of Horizons Parkway from the limits of the diamond interchange at I-635 northerly to the limits of the intersection with Route 9. This project will be let and financed by the City of Riverside. WHEREAS, the Commission and the City now desire to revise the Original Agreement as provided in this First Supplemental Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) REVISIONS: (A) That project called "City Project" in the Original Agreement has been assigned a Commission job Number of J411709B. The terms City Project used in the Original Agreement and in this First Supplemental Agreement and Commission Job Number J4117096 used in the First Supplemental shall refer to the same project. (B) Paragraph (1) Purpose, subparagraph (C) of the Original Agreement is hereby deleted in its entirety and replaced with the following: "(C) Public improvement designated as the Commission Job Number J4117096, Horizons Parkway, Platte County, will consist of the reconstruction to a four lane divided parkway and realignment of Horizons Parkway from the limits of the diamond interchange at I-635 northerly to the limits of the intersection with Route 9. This project will be financed by the City of Riverside. This project will be let by the Commission. (C) Paragraph (4) Duties and Financial Responsibilities, subparagraph (A), subparagraph (3) of the Original Agreement is hereby removed and replaced with the following: "(3) Perform the necessary appraisals, documents, and negotiations for the acquisition of easements and Right of Way (J411709)." (D) Paragraph (4) Duties and Financial Responsibilities, subparagraph (A), subparagraph (5) of the Original Agreement is hereby deleted in its entirety and the following paragraph added: "(5) Let and administer the construction contract including inspection of work performed by the contractor, except for those items listed in paragraph 4, subparagraph B, subparagraph 18 (J411709, J411709A, J4117096)." (E) Paragraph (4) Duties and Financial Responsibilities, subparagraph (B), subparagraph (3) of the Original Agreement is hereby removed and replaced with the following: "(3) Perform the necessary appraisals, documents, and negotiations for the acquisition of easements and Right of Way (J411709A, City Project)." (F) Paragraph (4) Duties and Financial Responsibilities, subparagraph (B}, subparagraph (9) of the Original Agreement is hereby removed and replaced with the following: "(9) The City shall accept and maintain Horizons Parkway, adjacent sidewalks, permanent drainage system and bike/pedestrian trails. The City shall maintain lighting outside the Commission Right of Way along Horizons Parkway after completion of the improvement (J411709, J411709A, and City Project)." (G) Paragraph (4) Duties and Financial Responsibilities, subparagraph B of the Original Agreement is hereby amended to add the following paragraphs: "(18) Inspection of steel girders and precast deck panels. Review and approval of roadway and bridge shop drawings. (City Project)." "(19) Pay all costs of coldmilling and placing 1,75" asphaltic concrete pavement along Westbound Route 9 within the project limits. (J411709A)." "(20) Pay all costs, according to section 109 of the Missouri Standard Specifications for Highway Construction, of any compensable delay to the contractor if Hydro-Conduit Corporation property is not cleared for construction after April 15, 2008 (City Project)." (2) ORIGINAL AGREEMENT: Except as otherwise modified, amended, or supplemented by this First Supplemental Agreement, the Original Agreement between the parties shall remain in full force and effect and shall extend and apply to this First Supplemental Agreement as if fully written in this First Supplemental Agreement. [this space intentionally left blank] 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 Title CITY OF RIVERSIDE By ~ ~~~ Title / /~ fG~ ATTEST: Secretary to the Commission Approved as to Form: ATT''"''~ By Title Approved as to Form: Commission Counsel Title Ordinance No. `~~~ ~- ~~~..