HomeMy WebLinkAbout2009-167 - Route 69 and Route AA IntersectionBILL N0.2009-167
ORDINANCE N0.2009-167
AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT
WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
FOR IMPROVEMENTS AT THE ROUTE 69 AND ROUTE AA INTERSECTION
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
~1) The Mayor is hereby authorized to si in
agreement with the Missouri Highways and Transportation Commis on for onstruc hon
of turn lanes and traffic signals at the intersecfion of Route 69 and Route AA within the
City limits.
(2) This ordinance shall be in full force and effect immediately upon passage.
ADOPTED AND APPROVED by the Board of Aldermen and Mayor of the City of
Riverside, Missouri, this 1st day of December, 2009.
APP VED: ~ n
ATTES Ka een L. Rose, Mayor
L se usick, City Cl rk
Missouri
Department
of Transportation
Elizabeth A. Wright, District Engineer
Mcl~OT
District 4 -Kansas City Area
600 NE Colbern Road
Lee's Summit, MO 64086
(816) 622-6500
Fax (816) 622-6323
Toll free 1-888 ASK MoDOT
(1-888-ASK-6636)
www.modot.mo.aov
... ~
June 2, 2010 ~ ,; ''M "' `0. ~~ ~ ~~ ~',~, ' ~t
David Blackburn ~ ~\'; JUN 0 4 2 01 ~ ~~ !~
'-J
City of Riverside, City Administrator ~ ~ ~,
-_
,f __ ~ _.., ..
2950 NW Vivion Road `' i
Riverside, Missouri 64150
Mr. Blackburn:
My records show that I have not sent the attached executed agreement to the City of Riverside.
The attached agreement is for your records. If you have any questions, please let me know.
Randy L. Johnson
Transportation Project Manager
Our mission is to provide aworld-class transportation experience that delights our customers and promotes a prosperous Missouri.
CCO Form: DE11 Municipal Agreement
Approved: 04/93 (CEH) Route: 69
Revised: 04/09 (MRA) County: Platte
Modified: Job No.: J4S2287
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
MUNICIPAL AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and the City of Riverside, Missouri, a
municipal corporation (hereinafter, "City").
WITNESSETH:
WHEREAS, the Commission maintains the travel way of Route 69 in Platte
County as part of the State Highway System;
WHEREAS, the parties desire the construction of turn lanes and traffic signals at
the intersection of Route 69 and Route AA (hereinafter, "public improvement");
WHEREAS, three hundred seventy-eight thousand sixty-one dollars ($378,061)
in American Recovery and Reinvestment Act funding have been allocated for this public
improvement.
WHEREAS, the City is willing to cooperate in the construction of and contribute
funding for said public improvement, subject to the terms and conditions herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
I. PURPOSE
(1) PURPOSE: The purpose of this agreement is to coordinate participation
and cooperation by the City in the Commission's public improvement for the intersection
of Route 69 and Route AA to provide a highway for traffic in the City to serve public
transportation necessities, designated as Job No. J4S2287, Platte County. This public
improvement will involve Commission design, construction, and inspection of the
improvements for the intersection of Route 69 and Route AA. These improvements are
shown on the attached sketch marked "Exhibit A" and made a part of this Agreement.
(2) LOCATION: The public improvement that the Commission will be
constructing within city limits is located as follows:
Beginning at Station 53+35.96, a point 482.54 feet west of the centerline
of the intersection of Route 69 and Route AA, running in a easterly
direction along Route 69 to Station 61+21.45, a point 302.95 feet east of
the centerline of the intersection of Route 69 and Route AA. Length of the
improvement is 785.49 feet.
The general location of the public improvement is shown in Exhibit A. The detailed
location of the improvement will be shown on the plans prepared by the Commission for
the above-designated route and project.
(3) EXTENT OF AGREEMENT: This Agreement shall apply only to the
portion of the improvement lying within the city limits as they exist on the date this
Agreement is executed by the City.
II. COST APPORTIONMENT
(4) PROJECT RESPONSIBILITIES: With regard to project responsibilities
under this Agreement, the parties agree to contribute as follows:
(A) The Commission will be responsible for the preparation of detailed
right-of-way and construction plans and project specifications. This includes design,
letting of project, and inspection of project. The plans shall be prepared in accordance
with and conform to Commission requirements.
(B) The Commission will acquire right-of-way as needed for the project
in accordance with Commission requirements.
(C) The Commission will be responsible for letting the work for the
herein improvement, which includes advertising the project for bids and awarding the
construction contract. The Commission will solicit bids for the herein improvement in
accordance with plans developed by the Commission, or as the plans may from time to
time be modified in order to carry out the work as contemplated.
(D) The Commission will be responsible for construction of the herein
improvements, which includes administration of the construction contract and inspection
of the project work. The project shall be constructed in accordance with and conform to
Commission requirements.
(E) The City grants to the Commission the right to use the right-of-way
of City roads, streets, and alleys as necessary for construction and maintenance of said
public improvements.
(5) PAYMENT RESPONSIBILITIES: With regard to payment responsibilities
under this Agreement, the parties agree to contribute as follows:
(A) The currently estimated cost
hundred fifty eight thousand dollars ($381,534).
breakdown may be seen in "Exhibit B," which
of the project construction is three
The details of the estimated cost
is incorporated herein and attached
2
Y
hereto. The total project cost will include project construction.
(B) The City shall be responsible for one hundred percent (100%) of
the total project cost for the above-described improvements over and above those funds
provided through the American Recovery and Reinvestment Act. The City agrees that
all 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 by its investment policy. All interest monies shall be payable to the
fund and credited to the project. If the amount deposited plus any applicable credited
interest with the Commission shall be less than the actual obligation of the City for this
project (due to higher bids than estimated, project overruns, etc.), the City, upon written
notification by the Commission, shall immediately tender the necessary monies to the
Commission to completely satisfy its obligation. If the City fails to make the above-
described payment to the Commission, 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 or interest credited to the City shall be
refunded to the City.
(C) The Commission shall not be responsible for any project costs
related to the above-described improvements, except for the costs associated with
administration of the construction contract and inspection of the work performed by the
construction contractor, which will be provided by the Commission at no cost or
expense to the City.
(6) CONCURRENCE WITH AWARD: Once the Commission has let the
project and the City has been notified of the amounts bid on the project, the City will
have seven (7) calendar days in order to reject or recommend award of the bid. If the
City does not respond within seven (7) calendar days, the City shall be deemed to have
automatically concurred in a Commission decision to award the construction contract. If
the Commission has solicited bids twice or more, and these lettings have not resulted in
award, the Commission may terminate this Agreement to void all contractual obligations
without being in breach hereof, and the City's deposit shall be refunded for the
discontinued project, excluding interest.
III. MUNICIPAL COOPERATION
(7) CLOSE AND VACATE: The City shall temporarily close and vacate all
streets or roads, or parts thereof, which may be necessary to permit the construction of
the project in accordance with the detailed plans.
(8) RIGHT-OF-WAY ACQUISITION: 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.
3
(9) UTILITY RELOCATION:
(A) The Commission and the City shall cooperate to secure the
temporary or permanent removal, 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.
(B) It is understood and agreed by the parties to this Agreement that no
city-owned utility facilities will require relocation or adjustment in connection with this
improvement, but that should utility facilities be discovered at any time during
development or construction of this improvement, relocation or adjustment of the same
will be done and performed under a supplemental agreement covering the subject, and
in accordance with Commission policy then in effect on division of costs for adjustment
of utility facilities.
(C) The City agrees that any installation, removal, relocation,
maintenance, or repair of public or private utilities involving work within highway right-of-
way included in this project shall be done only in accordance with the general rules and
regulations of the Commission and after a permit for the particular work has been
obtained from the Commission's district engineer or his authorized representative.
Similarly, the City will allow no work on the highway right-of-way involving excavation or
alteration in any manner of the highway as constructed, including but not limited to
driveway connections, except in accordance with the rules and regulations of the
Commission and only after a permit for the specific work has been obtained from the
Commission's district engineer or his authorized representative. The City shall take
whatever actions that are necessary to assure compliance with this Subsection.
(D) The City shall reimburse the Commission for the actual costs
incurred in the relocating utilities for any necessary utility adjustments required for the
construction of the above-described improvement. If the City fails to reimburse the
Commission for these relocated utilities at least six (6) weeks prior to the letting date of
the project, the Commission is under no obligation to continue with the project.
(10) LIGHTING: The Commission will, at its cost and expense, operate and
maintain basic highway intersection lighting on the public improvement. The
construction, installation, and maintenance of any other or further lighting system on the
public improvement covered by this Agreement shall be only in accordance with the
Commission's policy on highway lighting in effect, and to the extent deemed warranted
by the Commission, at the time of any such installation. No lighting system shall be
installed or maintained by the City on the improvement without approval of the
Commission.
(11) TRAFFIC CONTROL DEVICES: The installation, operation and
4
maintenance of all traffic signals, pavement markings, signs, and devices on the
improvement, including those between the highway and intersecting streets shall be
under the exclusive jurisdiction and at the cost 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.
(12) DRAINAGE: The Commission will construct 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.
(13) PERMITS: The Commission shall secure any necessary approvals or
permits from the Surface Transportation Board, the Public Service Commission of
Missouri, or any other state or federal regulating authority required to permit the
construction and maintenance of the highway.
(14) COMMENCEMENT OF WORK: After 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 with the approval of the FHWA) at such time as
federal and state funds are allocated to the public improvement in an amount sufficient
to pay for the federal and state 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 completion of plans in time to
obligate federal funds for such construction, 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.
(15) 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 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) Effective upon completion of construction, the Commission shall
1
transfer ownership to the City, and the City will accept the portions of existing highways
within City replaced by this improvement.
(16) ACCEPTED WITHIN HIGHWAY SYSTEM: Effective upon execution of
this Agreement, the Commission accepts the portion of St. Joe Blvd. to be improved for
the purposes of this project as part of the State Highway System. However, during the
construction period contemplated in this Agreement:
(A) The Commission will assume no police or traffic control functions
not obligatory upon Commission immediately prior to the execution of this Agreement,
and
(B) The City shall perform or cause to be performed normal
maintenance on the project site.
(17) CITY TO MAINTAIN: Upon completion of construction of this
improvement, the City shall accept control and maintenance of the improved portion of
St. Joe Blvd., and shall thereafter keep, control, and maintain the same as, and for all
purposes, a part of the City street system at its own cost and expense and at no cost
and expense whatsoever to the Commission. All obligations of the Commission under
this Agreement for that portion of St. Joe Blvd. shall cease upon completion of the
improvement.
(18) POLICE POWERS: It is the intent of the parties to this Agreement that the
City shall retain its police powers with respect to the regulation of traffic upon the
improvement contemplated. However, the City will enact, keep in force, and enforce
only such ordinances relating to traffic movement and parking restrictions as may be
approved by the Commission and as are not in conflict with any regulations for federal
aid. The Commission shall not arbitrarily withhold approval of reasonable traffic
regulations, signs, and markings which will permit the movement of traffic in accordance
with accepted traffic regulation practices.
(19) 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.
(20) 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
Section.
(21) 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
6
refuses to perform 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, withhold the expenditure of further funds for maintenance,
improvement, construction, or reconstruction of the state highway system in the City.
(22) 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.
(23) INDEMNIFICATION: To the extent allowed by law, the City shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the City's
performance of its obligations under this Agreement.
(24) 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.
(25) COMMISSION REPRESENTATIVE: 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.
(26) CITY REPRESENTATIVE: The City's 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.
(27) 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:
David Blackburn
City of Riverside, City Administrator
2950 NW Vivion Road
Riverside, Missouri 64150
Phone No.: (816) 741-3993
Facsimile No.: (816) 746-8349
7
(B) To the Commission:
Beth Wright
District Engineer
MoDOT District 4
600 NE Colbern Road
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.
(28) ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(29) 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.
(30) 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.
(31) 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.
(32) 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.
(33) 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.
remainder of page intentionally left blank]
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the City this ~~ay of , 20~
Executed by the Commission this ~ day of , 20 d~'
MISSOURI HIGHWAYS AND
TRANSP ATION COMMI $ION
~~
By:
Title: Chief Er~pineer
CITY OF RIVERSIDE, MIS OU
By:
Title: ~G
ATTEST:
Secretary to the Commission
APPROVED AS TO FORM:
Commission Cou el
ATl
By:
Title
APPROVED AS TO FORM:
By: ~,~,~ `~,
v
Title: ~~y
Ordinance Number o~4D9- /,l
9
J4S79A7.RTE 69
Clsy Aey
Lee'a Lefsyetle
~Summae
ekeon
Johnson
~.a.
PROJECT "e"'
LOCATION
EXHIBIT A
LOCATION OF
ROUTE 69
PLATTE COUNTY
JOB N0: J452287
1 of 1
EXHIBIT B
COST ESTIMATE
ROADWAY 256,974.00
LIGHTING 0.00
SIGNALS 120,504.45
SIGNING 3,400.14
SPECIAL 0.04
ALT PVMT .P~. 0.0 4
ALT PIPE A 0.00
RESERVED
o:oo
0.00
o.oo
BRIDGES 0..00
o.oa
o.oo
o.oo
CONTRACT TOTAL 380,878.59
NON-CONTRACT 656.00
o.oo
o.oo
TOTAL A,LL COST 3 8 ~. , S 3 4.5 9