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Home My WebLink About2007-031 - Cost Participation Agreement with Missouri Highways and Transportation CommissionBILL N0.2007-31 ORDINANCE NO 2007-31 AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE TO, ENTER INTO A COST PARTICIPATION AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE VIVION ROAD PLANNING STUDY WHEREAS, the City and the Missouri Highways and Transportation Commission have reached an agreement concerning the Vivion Road Planning Study; NOW, THEREFORE, be it Ordained by the Board of Aldermen of the City of Riverside, Mi>;souri, as follows: Section 1. The City of Riverside shall enter into an 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 Agreement and the payment of funds in an the amount not to exceed One Hundred Fifty One Thousand Three Hundred Thirty-Three Dollars and Thirty Three Cents ($151,333.33) 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 Agreement being conclusive evidence of such approval. Section 3. The Ordinance shall be in full force and effect from and after its passage and approval. Y~ Passed this ~ day of April, 2007 ATTEST: Lo ise Rusick ity Jerk Mayor Kathleen L. Rose OP i G CCO Form: TP11 ~ .Route 69, Platte/Clay Counties Approved: 3/04 (BDG) ~ Proj®ct No: J4P1750 Revised: City of Riverside, Missouri Modffied: MISSOURI HIC Hs PAR~CIR~ON A REEMENT OMMISSION THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, °Commission'7 and the City of Riverside, Missouri (hereinafter, "City"). WITNESSETH: NOW, THEREFORE, in ~ consideration of the mutual covenants, promises and representations in this Agreement; the parties agree as follows: • (1) P S The purpose of this Agreement is to co-ordinate the participation by the City of Riverside in the cost of the' Commission's Project on Route 69, PlattelClay Counties, Job No. J4P1750 which consists of a traffic planning study and conceptual plans for the widening and reconstruction .of Route 69 from Line Creek to Old Pike Road. The 'Commission, in accordance with its standard practices and in accordance with Commission criteria, will engage a consultan# to prepare the plans. (2) LO T N: The transportation improvement that is the subject of this Agreement is contemplated at the following location: , . Within the City limits, along Route 69 ~vion Road) from the Line Creek Bridge running easteriy to the Platte County line. . The general location of the project is shown on attachment marked "Exhibit A" and incorporated herein by reference. (g) annFN~MENTS: 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) GOII^MISSION REPRESENTATi~/E: ~ 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. ... __ ..___.__._.._._(5~---•ASSIGNMF~II: The City shall riot ~ss(gn, transfer' or cTeTegate any interest in this Agreement without the prior written consent of the Commission. -1- T (g) SAW OF M~ceniJRl TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. (7) 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 this Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the City. (8) FINANCIAL RESPONSI.13i1,1L: With regard to work under this Agreement, the City agrees as follows: The City will ~be responsible for a portion of the project cost not to exceed one hundred fifty one thousand three hundred and thirty three dollars and thirty three cents ($151,333.33):. The cost will include a traffic planning study and conceptual plans. The City shall remit a check in the amount of one hundred fifty qne thousand three hundred and thirty three dollars and thirty three cents ($151,333.33) by May 1't, 2007. This the City fails toemake the deposit, the Commission isnunderCno obligationoto continue with the. project. . (g) ~OMMINGLIN~ OF FUNDS: The City agrees that ail funds deposited by the City, 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. Upon completion of the project, any excess funds, excluding interest, shall be refunded to the City based on its pro refs share of the investment. (40) VENUE: It is agreed by the parties that any action at law, suit in equity, or breachu s'h II be in~uted only n t~h. a Circuit Court Iqf Cole CounntY, Missourin9 ~ alleged (11). SOLE BENEFICIAgY: This Agreement is made for the sole benefd•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. . (12) AUTHORITY TO F~CECUTE: • 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. ,(13) SECTION HF~~lSz~~ All section headings contained in this Agreement ____ are for the convenience of reference onl~and are not intended to define or Ifmit the __.__. -~ ~ scope of any •provision of this Agreem®nt. -2- Y -- -- ~~-__ .r ---- ~- (14) 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 aro not obligated at the time of execution of this Agreement, the City shall not receive an off-set for the deposlted funds, a reduction in obligation, or a return of, a refund of, or a rolease of any funds deposited by the City with the Commission pursuant to this Agreement. . (15) WORK PRODUCT: All documents, roports, exhibits, etc. produced by the . Commission's consultant at the direction of the Commission and information supplied by the Commission pursuant to the Agreement shall remain the property of the Commission. The City shall be provided a copy of the traffic planning study and conceptual plans. (16) ~yNrtR~,aOREEMENT: '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. [Remainder of page left blank intentionally; execution appears on following page] -3- ~ T ~ i ~ •, IN WITNESS WHEREOF, the parties. have entered info this Agreement on the date last ' written below. /~ Executed by fhe City this„" day of •, 2007. Executed by the Commission this ~~ d of 2007. - MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title Chief Engineer ATTEST: -~'"'~ Secretary-tar#lie C~imrrrissiop ' Approved as to Form, n .~, Commission Counsel CITY OF RIVERSIDE, MISSOURI By Tlfle ATT sy Title Approved as to Forrn: Title' ~•~ ~ ,4hE.~-, .,, Ordinance No ~. ~ o ~- 3 / -1- T , ~~~~ ~~~~ ~~ _~ M g I~ I i 4 ~