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Home My WebLink About1641 Municipal and Cost Apportionment Supplemental Agreement with Missouri Highways and Transportation Commission BILL NO. 2019-005 ORDINANCE NO. AN ORDINANCE APPROVING A MUNICIPAL AND COST APPORTIONMENT SUPPLMENTAL AGREEMENT #1 WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. That the Riverside Board of Aldermen ('Board") hereby approves the Municipal and Cost Apportionment Supplemental Agreement #1, in substantially the form attached hereto, by and between the City of Riverside and the Missouri Highways and Transportation Commission. The Mayor is authorized to execute the Agreement on the City's behalf. Section 2. The Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this day of , 2019. V�i Mayor Kathleen L. Ro e ATTEST: 4 Robin-Kinp d;dity_C-lerk CCO Form: DE07 Municipal and Cost Apportionment . Approved: 07/97 (DPP) Agreement Revised: 04/18 (BDG) Route: 9 Modified. 01/19 (BDG) County: Platte Job No.: J4S3202 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION MUNICIPAL AND COST APPORTIONMENT SUPPLEMENTAL AGREEMENT#1 THIS MUNICIPAL AND COST APPORTIONMENT SUPPLEMENTAL AGREEMENT #1 is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Riverside (hereinafter, "Entity"). WITNESSETH: WHEREAS, on April 10, 2017, the Commission and the Entity entered into a Municipal and Cost Apportionment Agreement (hereinafter, "Original Agreement") as to coordinate public improvements designated as Commision Job No. J3S3202, for the improvement of Route 9 at the intersection of Mattox Road; WHEREAS, on September 26, 2018, the Commission and the Entity entered into a Relinquishment Agreement to coordinate public improvements on the north outer road NW Platte Drive and portions Mattox Road prior to the conveyance of these roadways. WHEREAS, the parties now desire to revise the Original Agreement as provided in this Supplemental Agreement#1. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) REVISION: Paragraph (2) LOCATION of the Original Agreement is hereby removed in its entirely and replaced with the following.: (2) LOCATION: The transportation improvement that is the subject of this Agreement is contemplated at the following location: At the intersection of Missouri Highway 9 and Mattox Road including the north and south approaches of the intersection and the north outer road NW Platte Drive. The general location of the public improvement is shown on attachment marked "Exhibit A" and incorporated herein by reference. (2) REVISION: Exhibt A of the Original Agreement is hereby removed in its entirely and replaced by the Exhibit A to Supplemental Agreement #1, attached hereto and made part herein. (3) REVISION: Paragraph (6) RIGHT-OF-WAY .ACQUISITION of the Original Agreement is hereby removed in its entirely and replaced with the following: (A) Upon approval of all agreements, plans and specifications by the Commission and the Federal Highway Administration (FHWA), the Commission will file copies of the plans with the city clerk of the City and the county clerk of the county and proceed to acquire at its expense, at no cost or expense to the City, any necessary right-of-way required for the construction of the improvement. (B) The portion of state highway Missouri 9 covered by this Agreement shall be a limited access highway and rights of access between the highway and abutting property shall be procured and the cost classified as right-of-way cost and paid for by the Commission in the same manner as other right-of-way costs. Only such rights of ingress and egress shall be allowed as indicated on the plans approved by the Commission and FHWA. (4) REVISION: Paragraph (12) PAYMENT RESPONSIBILITES of the Original Agreement is hereby removed in its entirely and replaced with the following: (12) PAYMENT.RESPONSIBILITIES: With regard to payment responsibilities under this Agreement, the parties agree to as follows: (A) The currently estimated construction contract cost is one million three hundred forty two thousand dollars ($1,342,000). The payment responsibilities are shown on attachment marked "Exhibit B" and incorporated herein by reference. (B) The Entity has authorized the Commission to use seven hundred eleven thousand five hundred and sixty-one dollars ($711,561.00) in Surface Transportation Program (STP) funding from the Mid-America Regional Council towards the construction of the project in State Fiscal Year 2020. The Commission will provide the matching funds for the STP funds. (C) The Commission will be responsible for the balance of the construction contract costs in excess of seven hundred eleven thousand five hundred and sixty-one dollars ($711,561.00). The underruns will be shared between the Commission and Entity on-a pro-rata basis. (D) The Commission will be responsible for all costs associated with the preliminary engineering, right of way acquisition and incidentals, utility relocation coordination, administration of the contract, and inspection at no cost or expense to the Entity.. (5) REVISION: Exhibt B of the Original Agreement is hereby removed in its entirely and replaced by the Exhibit B to Supplemental Agreement #1, attached hereto and made part herein. (6) REVISION: Paragraph (13) COMMINGLING OF FUNDS of the Original Agreement is hereby removed in its entirely. (7) ORIGINAL AGREEMENT: Except as otherwise modified, amended, or supplemented by this Supplemental Agreement#1, the Original Agreement between the parties shall remain in full force and effect and shall extend and apply to this Supplemental Agreement#1 as if fully written in this Supplemental Agreement#1. [Remainder of Page Intentionally Left Blank; Signatures and Execution Appear on Following Page] IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the Entity this day of 2019. Executed by the Commission this 4Z—day of r 12019. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF RIVERSIDE By Title Assistant Chief Engineer Title C) ATTEST: . r. .40 7, e B Secretary to the Commission Title Approved as to Form: Approved as to Forir,;' Commi ion Counsel Title: Ordinance No 1( � EXHIBIT A EY.N IDiT 11 LEOE?+D C[NiRACT 9ETIIEEN KOSSONRE HIGHWAYS AND TROdSPCRTATIDN LCR:hT]ae C'.W]55E DN -ANO- CITY OE RIVERSIDE, PLATTE COONT'Y,MISSOOR7 LCNVflT. w,A1D Oee1FAfH[41 TD CITY OF RIVERSIDE (WAN 4 p.38LµllF3lr �G e r 6-57-33 s t r f A Yei E e eE— +T tOp,ee STA i+W O<'R ROUTE 9 AN 1 STA 2?Uee. M e1W.00 9TA td Tp 5TA la—e0 9T leya re ]lFs NErS� � t Kynl ed➢ 5 rd,R :—W..Tp eE—9Te1.CTm TM'Px9ii[ON ttp CGIYEYEp TM CXAp16T0:epVTE 6TATLGePEPpti[s N[7T 70 SCALE EXHIBIT B Project Name: Route 9 and Mattox Road Intersection MoDOTJob Number: J4S3202 Local Entity: City of Riverside Total Construction Cost: Phase Current Estimate Construction $ 1,342,000.00 TOTAL $ 1,342,000.00 Project Responsibilities:(MoDOT/City/Shared) Design MoDOT Right of Way Acquisition MoDOT Utilities MoDOT Letting MoDOT Inspection MoDOT Construction MoDOT Financial Responsibility(Construction): Dollars MoDOT 630,439.00 City STP Funds 711,561.00 TOTAL 1,342,000.00 How will overrun/underruns be handled? MoDOT will be responsible for all costs above the Entity's STP funds of$711,561. The underruns will be shared between the Commission and Entity on a pro-rata basis.