HomeMy WebLinkAbout2005-095 - Cost Participation Agreement with Missouri Highways and Transportation Commissiona
BII,L NO.2005-95
ORDINANCE NO.2005-95
AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE MISSOURI TO, ENTER INTO A
COST PARTICII'ATION AGREEMENT WITH THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION FOR THE I-635 INTERCHANGE AND ROUTE 9
HIGHWAY IMPROVEMENTS
WHEREAS, the City and the Missouri Highways and Transportation Commission have
reached an agreement concerning the I-635 Interchange and Route 9 Highway Improvements;
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, 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, with such additions and modifications
deemed necessary by the Mayor to complete the same, is approved, and the Mayor is authorized to
execute the Agreement and 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. This Ordin~an~ce shall be in full force and effect from and after its passage and approval.
Passed thisc~/ ""day of September, 2005.
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A ES Mayor
Ci lerk
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BILL NO. 2005-95
AN ORDINANCE AUTHORIZING THE CITY OF ORDINANCE N0.2005-95
COST PARTICIPATION AGREEMENT WITH`THE MISSpSi~ ~GHWAYNS EA Vll TO A
TRANSPORTATION COMD'IISSION FOR THE I-635 INTERCHANGE AND ROUTE 9
HIGHWAY IMPROVEMENTS
WHEREAS, the City and the Missouri Highways and Transportation Commission have
reached an agreement concerning the I-635 Interchange and Route 9 Highway Improvements;
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Sect_ i_on 1. The City of Riverside shall enter into an Agreement, to be substantially in the form
attached hereto as Ex~ A ~,~,i~ ~e Missouri Highv~,ays and Transportation Commission,
Section 2. The execution and delivery of the Agreement, is approved, and the Mayor is authorized
to execute the Agreement on behalf of the City, the execution of the Agreement being .conclusive
evidence of such approval.
Section 3. This Ordinance shall be in full force and effect from and after its passage and a royal.
Passed this pp
ay of September, 2005.
Mayor
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CCO Form:
Approved: 08/05 (BDG)
Revised:
Modified:
Route 635/9/Horizons Parkway,
Platte County
Project No. J411709,
J411709A
City of Riverside
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
COST PARTICIPATION AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") 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) PU- R_E: The purpose of this Agreement is to coordinate the cost and
participation by the City in Commission projects J411709, and J411709A. The public
improvements shall consist of three projects:
(A) Public improvement designated as Job No. J411709 Route I-635,
Platte County, will consist 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, will consist 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, will consist of the reconstruction to a four lane divided parkway
and realignment of Horizons Parkway from the limits of the diamond interchange at 1-
635 northerly to the limits of the intersection with Route 9. This project will be let and
financed by the City of Riverside.
(2) LOC_ ATION: The transportation improvement that is the subject of this
agreement is contemplated at the following locations:
(A) Job No. J411709 is located on I-635 easterly from the Missouri
River to approximately 3,000 feet east of Horizons Parkway.
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(B) Job No. J411709A is located on Missouri Highway 9 from Mattox
Road easterly to the I-635 interchange.
(C) The City Project is located on Horizons Parkway from the proposed
interchange at I-635 northerly to the intersection of Missouri Highway 9.
The general location of the projects are shown on attachment marked "Exhibit A" and
incorporated herein by reference.
(3) 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 default. The Commission shall grant the City a right to cure by serving notice
in writing of City's defaults. The City shall have thirty (30} days from the date of receipt
in which to cure all defaults ("Default Period"). If at the end of the Default Period City
remains in default of any item in the notice, the Commission shall extend the Default
Period an additional thirty (30) days provided the City has diligently pursued curing all
defaults and it would be impossible or unreasonable to require the City to cure all
defaults within the Default Period. If at the end of the Default Period and any extension
as granted by the Commission, the City remains in default and has not made diligent
efforts to cure all defaults listed in the notice, the Commission may immediately
terminate this Agreement by serving written notice upon the City.
(4) DUTIES AND FINANCIAL RESPONSIBILITIES: With regard to work
under this Agreement:
(A) Com_sion: In addition to any other obligations of the
Commission as stated in the agreement, the Commission shall be responsible for the
following:
estimates and variances to Commis on standards (J417 09aJ411709A). ~ specifications,
(2) Provide copies of or access to all current design standards,
specifications, standard plans and special provisions to assist in the development of the
construction documents standards (J411709, J411709A).
negotiations for the acquisit on of easements and Right of Way with the exceetion of tnd
Hydro-Conduit property which the City will be handling the negotiations as a ttotal takee
(J411709, J411709A).
(4) Obtaining permits from the Corps of Engineers to comply
with Section 404 regulations and environmental clearance to enable advertisement the
project for bids and award the contract (J411709, J411709A).
(5) Let and administer the construction contract including
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inspection of work performed by the contractor (J411709, J411709A).
signals at Horizons6) Parkwayal bridges I over tHorzons tParkway,s and Routem9
improvements after completion of the improvements (J411709, J411709A).
(7) Allocate Interstate. Maintenance Discretionary funds for the
lesser of five million dollars ($5,000,000) or fifty percent (50%) share of the actual
construction costs (including construction contingency costs) on Job Number J411709,
improvements to Route I-635.
(8) Allocate Innovative Finance Funds for the lesser of three
million dollars ($3,000,000) or fifty percent (50%) share of the actual construction costs
(including construction contingency costs) on Job Number J411709A, improvements to
Route 9.
(B) C~ In addition to other obligations of City as stated in this
agreement, the City shall be responsible for following:
(1) Design, or cause to be designed by a consultant, acceptable
to the City, the proposed improvements in accordance with Commission standards and
as approved by the Commission (J411709, J411709A).
(2) Submitting Conceptual, Preliminary, Right-of--Way and Final
plans to Commission for approval (J411709, J411709A).
(3) Acquiring necessary easements and right-of--way for
construction of the City Project and for the Hydro-Conduit Property only of Job No.
J411709A.
(4) Any right of way shown on the final plans to be transferred to
the state of Missouri that is acquired by the City through negotiation shall be acquired in
the name of the State of Missouri, acting by and through the Missouri Highways and
Transportation Commission (J411709, J411709A).
(5) Prior to condemnation, the City shall file copies of the plans
with the city clerk of Riverside and the county clerk of Platte County. It is the City's
responsibility to handle condemnation procedures. Any right of way shown on the final
plans to be transferred to the state of Missouri that is acquired by the City through
condemnation shall be conveyed to the Commission from the City with a title policy
(J411709, J411709A).
(6) Fund the acquisition of all additional right of way necessary
for the completion of the improvement (J411709, J411709A).
(7) Obtain all necessary permits for construction in accordance
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with federal, state, and local laws and regulations for construction of the City Project
and assist in providing data for Job Numbers J411709 and J411709A. The City shall be
responsible for all necessary permit mitigation requirements for these improvements
(J41709, J411709A, and City Project).
(8) Submit final contract plans, specifications and estimate for
construction, broken into the respective City and state components 14 weeks prior to
advertising for bids for review and approval (J411709, J411709A).
adjacent sidewalks,(permanent d~rainagel systemt b ke/pedestrian H arils,nand I htin
along Horizons Parkway after completion of the improvement (J411709, J411709A, and
City Project)
(10) Pay all costs for additional items of work related to the
addition of an interchange at Horizons Parkway shown in the final contract plans and
specifications, including but not limited to: adding additional lanes, retaining walls,
signals, right of way, easements, temporary striping, temporary bypasses, retaining
walls, auxiliary lanes, construction and permanent signing, borrow, fill, erosion control,
and permanent drainage structures, and all other expenses not specifically listed under
"Commission Responsibility" as detailed in Exhibit B .
conferences (J4117091 J411709A) design personnel for pre-bid and preconstruction
(J411709, J411709A, and C'ty Project) as provid denthe approved plans.nzons Parkway
(13) Conduct all design surveying (J411709, J411709A, and City
Project).
(14) Prepare final as-built plans in conformance with
Commission's standards (J411709, J411709A), and provide to Commission in electronic
format.
(15) The City shall be responsible for all construction costs and
other costs shared by the Commission on Job Numbers J411709 and J411709A and
beyond the Commission's responsibility set forth in Section 4(A) of this Agreement.
(16) The City shall, 14 weeks prior to the scheduled letting of Job
J4117909, deposit funds totaling $6,580,000, as shown in Exhibit B. The City shall also
deposit $4,401,000 14 weeks prior to the scheduled letting of Job J411709A which shall
be scheduled to be let no earlier than February 1, 2008, unless mutually agreed- by the
Commission and the City.
(17) The City shall secure the temporary or permanent removal,
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relocation, or adjustment of public utilities or private lines, poles, wires, conduits, and
pipes located on the right-of--way of existing public ways as necessary for construction
of the improvement and the cost shall be borne by such public utilities or the owners of
the facilities except where the City is by existing franchise or agreement obligated to
pay all or a portion of such cost, in which case the City will pay its obligated portion of
the cost. (J411709, J411709A)
(5) DEPOSIT OF FUNDS: The deposits of funds by the City pursuant to
Section 4(8)(16) shall be made to an escrow account acceptable to the Commission,
with interest accruing to the City. The account will be in the City's name, pledged to the
Commission. If the City fails to deposit said funds at said time, the Commission may
terminate this Agreement after first giving the City 15 days written notice and
opportunity to cure.
The Commission shall invoice the City for the City's share of construction and other
costs incurred in the previous month. Project costs shall initially be allocated Fifty
percent (50%) to the Commission and Fifty percent (50%) to the City until such time as
the Commission has expended the amounts set forth in Section 4(A)(7) and (8); and
thereafter shall be allocated One Hundred percent (100%) to the City.
It will be the responsibility of the City to remit the amount due to the Commission on a
monthly basis. The funds shall be by wire transfer, as follows: Central Trust Bank (Bank
Name), 0865 00 634 (Bank Routing), 148660 (Account Number), State of Missouri,
State Road Fund (Account Name), Checking (Account Type), Jennifer Schroeder
(573)-634-1154 (Bank contact). The Commission shall communicate any changes in
bank information.
The City will instruct the financial institution holding the escrowed funds to provide a
monthly bank statement directly to the Commission. If the Commission determines the
amount deposited in the escrow account is less than the actual obligation of the City for
this project, the City, upon written notification by the Commission, shall deposit
additional monies in the escrow account to completely satisfy its obligation. If the City
fails to deposit said funds at said time, the Commission shall take appropriate actions to
obtain reimbursement from other available City resources including future revenues.
Upon completion of the project, any excess funds deposited by the City, including
interest, will be available for the City's use and will no longer be required to be pledged
to the Commission.
(6) CITY RIGHT OF WAY: All improvements made within the city-owned
right-of--way shall become the City's property, and all future alterations, modifications, or
maintenance thereof, will be the responsibility of the City.
(7) NO INTEREST: By contributing to the cost of this project or improvement,
the City gains no interest in the constructed roadway or improvements whatsoever. The
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Commission shall not be obligated to keep the constructed improvements or roadway in
place if the Commission, in its sole discretion, determines removal or modification of the
roadway or improvements, is in the best interests of the state highway system. In the
event the Commission decides to remove the landscaping, roadway, or improvements,
the City shall not be entitled to a refund of the funds contributed by the City pursuant to
this Agreement.
($) 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 are not obligated at the time of execution of
this Agreement, the City shall not receive an off-set for the deposited funds, a reduction
in obligation, or a return of, a refund of, or a release of any funds deposited by the City
with the Commission pursuant to this Agreement. Any claim for an offset, refund,
release, reduction, or retum shall constitute a breach of this Agreement by the City and
the Commission, in its sole discretion may cancel this Agreement and remove any
portion of the constructed improvement from the Commission's right-of--way at the City's
expense. In the event the City obtains federal, state, local, private or other funds to
construct the improvements being constructed pursuant to this Agreement, the City may
apply those funds to payment of its obligations under this Agreement. Further, the
parties acknowledge that the City is in the process of establishing a transportation
development district to provide the City with an additional funding source for the
payment obligations of the City under this Agreement including, but not limited to, the
funding of the transportation improvements set forth in Section 1 of this Agreement.
(9) RIGHT-OF-WAY USE: The City grants the right to use the right-of--way of
public roads, streets, and alleys as necessary for construction and maintenance of said
public improvement.
(10) CLOSE AND VACATE STREETS: The City shall duly close and vacate
all city streets or roads, or parts thereof, which may be necessary to permit the
construction of the project in accordance with the detailed plans. Whenever during
construction the Commission deems it necessary to close any street or road
permanently or temporarily, the City shall be advised in time to make provisions for the
diversion and rerouting of traffic.
(11) LIGHTING: The installation, operation, and maintenance by the
Commission of any lighting system on the public improvement J411709 and J411709A
covered by this Agreement shall be only in accordance with the Commission's policy on
highway lighting in effect at the time of any such installation and only to the extent the
Commission then deems warranted. No street lighting system shall be installed or
maintained by or for the City on the improvement within Commission owned right-of--way
without approval of the Commission.
(12) TRAFFIC CONTROL DEVICES: The installation, operation and
maintenance of all traffic signals, pavement markings, signs, and devices on the
improvement J411709 and J411709A, including .those between the highways and
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intersecting streets shall be under the exclusive jurisdiction of the Commission. The
City shall not install, operate, or maintain any traffic signals, signs or other traffic. control
devices on the highway or on streets and highways at any point where they intersect
this highway without approval of the Commission.
(13) DRAI___. NgGE: The Commission will constnact drainage facilities along the
improvement and may use any existing storm and surface water drainage facilities now
in existence in the area. The City shall be responsible for receiving and disposing of
storm and surface water discharged from those drainage facilities which the
Commission constructs within the limits of highway right-of--way to the extent of the
City's authority and control of the storm sewer facilities or natural drainage involved.
(14) MAINTENANCE:
(A) Except as provided in this Agreement, upon completion of the
public improvement, the Commission will maintain all portions of the improvement within
the Commission owned right-of--way. Maintenance by the Commission shall not in any
case include maintenance or repair of sidewalks or bike/pedestrian trails whether new
or used in place, water supply lines, sanitary or storm sewers (except those storm
sewers constructed by the Commission to drain the highway), city-owned utilities within
the right-of--way or the removal of snow other than the machine or chemical removal
from the traveled portion of the highway.
(B) When it is necessary to revise or adjust city streets, the right-of--way
acquired for these adjustments and connections will be deeded to the City.
(C) The City shall inspect and maintain the sidewalks and
bike/pedestrian trails constructed by this project in a condition reasonably safe to the
public and, to the extent allowed by law, shall indemnify and hold the Commission
harmless from any claims arising from the construction and maintenance of said
sidewalks and bike/pedestrian trails.
(15) COMMENCEMENT OF WORK:
(A) Job No. J411709: After approval of the Access Justification Report
and acquisition of the necessary right-of--way the Commission shall construct the
highway in accordance with final detailed plans approved by the Federal Highway
Administration (or as they may be changed from time to time by the Commission and
City with the approval of the FHWA). The obligation of the Commission toward the
actual construction of the public improvement shall be dependent upon the completion
of plans by October 21, 2005, upon approval of the plans by the FHWA, upon the award
by the Commission of the contract for the construction, and upon the approval of the
award by the FHWA.
the Commission shall c o struct he highway angaccolydancehwith finaladetailed f Way
pans
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approved by the Commission and City at such time as state and City funds are
allocated to the public improvement in an amount sufficient to pay for the state and City
government's proportionate share of construction and right of way costs. The obligation
of the Commission toward the actual construction of the public improvement shall be
dependent upon the award by the Commission of the contract for the construction, and
upon the approval of the award by the Commission.
percent (20%) o)r greatehe n excess of the estm ante (submitted with thel finaid is twenty
City shall notify the Commission within ten (10) calendar days as specified with n~ this
document that they do not concur with the award of the project, therefore waiving their
obligation to participate in the award of the project through that particular bid letting.
The Commission shall not be obligated to solicit bids more than twice for the project.
(16) RESTRICTION OF PARKING: Since the improvement is being designed
and constructed to accommodate a maximum amount of traffic with a minimum amount
of right-of-way, the City shall take whatever actions that are necessary to prevent
parking upon the highway or any part of the area of the highway right-of--way within the
limits of the improvement (J411709 and J411709A).
(17) OUTDOOR ADVERTISING: No billboards or other advertising signs or
devices or vending or sale of merchandise will be permitted within the right-of--way limits
of the project and the City shall take whatever actions that are necessary to enforce this
paragraph.
(18) WITHHOLDING OF FUNDS: In the event that the City fails, neglects, or
refuses to enact, keep in force or enforce ordinances specified or enacts ordinances
contrary to the provisions in this Agreement, or in any other manner fails, neglects or
refuses to pertorm_ any of the obligations assumed by it under this Agreement, the
Commission may, after serving written request upon the City for compliance and the
City's failure to comply within thirty (30) days, withhold the expenditure of further funds
for maintenance, improvement, construction, or reconstruction of the state highway
system in the City.
(19) FEDERAL HIGHWAY ADMINISTRATION: This Agreement is entered into
subject to approval by the Federal Highway Administration, and is further subject to the
availability of federal and state funds for this construction.
(20) INDEMNIFICATION: To the extent allowed by law, the City shall be
responsible for injury or damages as a result of any services and/or goods rendered by
or through the City under the terms and conditions of this Agreement. In addition to the
liability imposed upon the City on the account of personal injury, bodily injury, including
death, or property damage, suffered as a result of the City's pertormance under this
Agreement, the City assumes the obligation to save harmless the Commission,
including its agents, employees and assigns, and, to the extent allowed by law, to
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indemnify the Commission, including its agents, employees and assigns, from every
expense, liability or payment arising out of such wrongful or negligent act or omission,
including legal fees. The City also agrees to hold harmless the Commission, including
its agents, employees and assigns, from any wrongful or negligent act or omission
committed by any subcontractor or other person employed by or under the supervision
of the City for any purpose under this Agreement, and, to the extent allowed by taw, to
indemnify the Commission, including its agents, employees and assigns, from every
expense, liability or payment arising out of such wrongful or negligent act or omission.
(21) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved on or between the duly authorized representatives of the City and
Commission.
(22) COMMISSION REPRESENTATIVE: The Commission's District 4 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.
(23) CITY REPRESENTATIVE: The City's City Administrator is designated as
the City's representative for the purpose of administering the provisions of this
Agreement. The City's representative may designate by written notice other persons
having the authority to act on behalf of the City in furtherance of the performance of this
Agreement.
(24) NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be in writing and shall be deemed given three (3) days after
delivery by United States mail, regular mail postage prepaid, or upon receipt by
personal or facsimile delivery, addressed as follows:
(A) To the City: (B)
David Blackburn
City of Riverside, City Administrator
2950 NW Vivian Road
Riverside, Missouri 64150
Facsimile No: (816) 746-8349
With required copy to:
John McClelland
City Attorney
Armstrong Teasdale, LLP
2345 Grand Blvd., Suite 2000
Kansas City, MO 64108
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To the Commission:
Beth Wright, P.E.
District Engineer
MoDOT -District 4
600 NE Colbern,
Lee's Summit, MO 64086
Phone No. (816) 622-6500
Facsimile No: (816) 622-6323
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile delivery shall be followed by delivery of the original document, or
a clear and legible copy thereof, within three (3) business days of the date of facsimile
transmission of that document.
(25) ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(26) 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 the contract.
(27) 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.
(28) 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.
(29) 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.
(30) 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.
(31) 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.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the City this 27+ti day of SeotT be„ , 20 es
Executed by the Commission this ~ ~ day of ~~~
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MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
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Chief Engineer .
CITY OF RIVERSIDE
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secretary to the Commission
Approved as to Form:
Title ~cW~~
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Title: : f .. /4 r/ m'~ K t Y
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EXHIBIT B
Summary of City/MoDOT Cost Split
Route I-635/9/Horizons Parkway
Job Nos. J411709, J411709A and City Project
Platte County
Descriotion
City Commission Total
Resoonsibility Responsibility Cost
J411709 Actual Construction 6,200,000.00 5,000,000.00 11,200,000.00
J411709 Construction Administration 7%) 784,000.00
J411709 Contingencies (3%) 336,000.00 0.00
J411709 Utility Adjustments Costs ,000.00 0.00
J411709 Subtotal
(JANUARY 2008 Letting)
J411709A Actual Construction
J411709A Construction Administration (7%)
J411709A Contingencies (3%)
J411709A.Utility Adjustments Costs
J411709A Subtotal
6,580,000.00 5,784,000.00 12,364,000.00
3,555,000.00 3,000,000.00 6,555,000.00
59,000.00
197,000.00 0.00
649,000.00 0.00
,401,000.00 3,459,000.00 7,860,000.00
Total C1ty Deposit to Local Fund
10,981,000.00
C:\Documents and Settings\swilliamlLocal SettingslTemporary Internet Files\OLKA9\Exhibit B (Summary City-MoDOT
cost split) costs added.xls
9/27/2005
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