BILL #2314 ORDINANCE #2314

Transcription

1 BILL #2314 ORDINANCE #2314 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF WILDWOOD, MISSOURI, TO EXECUTE A COST APPORTIONMENT AGREEMENT BY AND BETWEEN THE CITY OF WILDWOOD, MISSOURI, AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE MAINTENANCE OF AESTHETIC ENHANCEMENTS TO THE STATE ROUTE 109 BRIDGE OVER STATE ROUTE 100 WHEREAS, Sections and , RSMo., as amended, authorize municipalities and political subdivisions to contract and cooperate with a duly authorized agency of this state for the planning, development, or construction of any public improvement; and WHEREAS, pursuant to Section , RSMo., Any municipality may exercise the power referred to in section by ordinance duly enacted [;] and WHEREAS, the Missouri Highways and Transportation Commission (hereinafter, the Commission ) plans to rehabilitate the existing bridge on State Route 109 over State Route 100 in 2018; and WHEREAS, the City of Wildwood, Missouri, desires that the Commission include certain aesthetic enhancements into the bridge rehabilitation project; and WHEREAS, the Council of the City of Wildwood desires to enter into a Cost Apportionment Agreement with the Commission that details the responsibilities and requirements regarding the cost and long-term maintenance of said bridge aesthetic enhancements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WILDWOOD, MISSOURI, AS FOLLOWS: Section One. That the form, terms and provisions of the Cost Apportionment Agreement by and between the City of Wildwood, Missouri, and the Commission, attached hereto, marked as Exhibit A, and incorporated by reference herein (the Agreement ), be and are hereby approved, and the Mayor is hereby authorized, empowered and directed to further negotiate, execute, acknowledge, deliver and administer on behalf of the City such Agreement in substantially the form attached hereto. The City Clerk is hereby authorized and directed to attest to the Agreement and other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of the Agreement and this Ordinance. Section Two. Effective Date. This Ordinance shall be in full force and effect from and after its final passage and approval. 1

2 Section Three. Savings. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subjected matter hereof, unless expressly set forth herein. Section Four. Severability. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Council of the City of Wildwood that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. This Bill was passed and approved the day of, 2017, by the Council of the City of Wildwood, Missouri, after having been read by the title or in full two (2) times prior to passage. Presiding Officer ATTEST: James R. Bowlin, Mayor ATTEST: City Clerk City Clerk 2

3 Exhibit A CCO Form: DE07 Approved: 07/97 (DPP) Revised: 03/17 (AR) Modified: Cost Apportionment Agreement Route: 109 County: St. Louis Job No.: 6S3141 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION COST APPORTIONMENT AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and City of Wildwood (hereinafter, "Entity"). WITNESSETH: WHEREAS, the Commission owns and maintains Route 109 in St. Louis County as part of the State Highway System; WHEREAS, the parties desire the improvement or reconstruction of the Route 109 bridge over Route 100; and WHEREAS, the Entity is willing to provide assistance in the construction of enhancements to the improvements, subject to the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to co-ordinate the participation by the Entity in the cost of adding enhancements (concrete monoliths at each corner of the bridge, formlined barrier and concrete staining) to the Commission s public improvement for Route 109, in the County of St. Louis, designated as Job No. 6S3141. This public improvement will involve replacement and widening of the bridge deck over Route 100. (2) LOCATION: The transportation improvement that is the subject of this Agreement is contemplated at the following location: Beginning at Station 22+50, at the intersection of Route 109 with the eastbound ramps to and from Route 100, then north along Route 109 to Station at the intersection of Route 109 with the westbound ramps to and from Route 100. Length of improvement is 0.1 mile. The general location of the public improvement is shown on attachment marked "Exhibit A" and incorporated herein by reference.

4 (3) AMENDMENTS: 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 Entity and the Commission. (4) COMMISSION REPRESENTATIVE: The Commission's St. Louis 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) 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 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 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. (C) 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. (D) The Entity will be responsible for design plans, specifications, and maintenance of the enhancements. (6) PAYMENT RESPONSIBILITIES: With regard to payment responsibilities under this Agreement, the parties agree to as follows: (A) The Entity will be responsible for the construction cost of the enhancements. The details of the estimated cost breakdown are listed in Exhibit B, which is attached hereto and made part hereof. The current construction estimate of the Entity's responsibilities is one hundred fifteen thousand dollars ($119,000). The Entity shall remit a check in the amount of one hundred fifteen thousand dollars ($119,000) to cover construction costs of the enhancements no later than January 11, The check should be made payable to the Director of Revenue Credit State Road Fund. If the Entity fails to make any of the required deposits, the Commission is under no obligation to continue with the project.

5 (B) The Entity is responsible for the balance of the costs of the enhancements in excess of $119,000. (C) If, at the time of the letting, the lowest responsive bid presents a cost for the enhancements higher than the estimated construction cost amount, the Entity, upon written notification from the Commission shall remit a check in the amount of its share of the difference between the estimated amount and the lowest responsive bid no later than one (1) day prior to the date of the Commission meeting wherein the subject bid will be considered for award or a later date set by the Commission in its sole discretion. In the event the Commission, in its sole discretion, extends the day the Entity payment is due, it shall notify the entity of the new due date in writing, which shall be binding immediately upon the Entity s receipt of the written notice. The check must be made payable to the Director of Revenue Credit State Road Fund. The Commission, in its sole discretion, reserves the right to take action at the said Commission meeting and either reject all bids if the Entity fails to make the payment by the due date, or award the contract to the lowest responsive bidder contingent upon receipt of the additional funds from the Entity by the extended due date. If the Commission makes a contingent award of the contract and the Entity fails to make the required deposit(s) by the extended due date, the contingency of the contract award by the Commission shall be deemed unsatisfied, the award of the contract shall be deemed null and void and the Commission shall be under no obligation to continue with the project. (7) COMMINGLING OF FUNDS: The Entity agrees that all funds deposited by the Entity, 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 State Road Fund. If the amount deposited with the Commission shall be less than the actual obligation of the Entity for this project, the Entity, upon written notification by the Commission, shall tender the necessary monies to the Commission to completely satisfy its obligation. Upon completion of the project, any excess funds, excluding interest, shall be refunded to the Entity based on its pro rata share of the investment. (8) ASSIGNMENT: The Entity shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (9) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Entity shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (10) APPROVAL OF FHWA AND AVAILABILITY OF FUNDS: This Agreement

6 is entered into subject to the approval of the Federal Highway Administration and is further subject to the availability of federal and state funds for this construction. (11) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations or for convenience by providing the Entity 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 Entity. (12) 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. (13) 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 Entity. (14) COMMISSION RIGHT OF WAY: All improvements made within the stateowned right-of-way shall become the Commission's property, and all future alterations, modifications, or maintenance thereof, will be the responsibility of the Commission, except as otherwise provided by this Agreement or a separate written agreement. (15) NO INTEREST: By contributing to the cost of this project or improvement, the Entity gains no interest in the constructed roadway or improvements whatsoever. The 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 Entity shall not be entitled to a refund of the funds contributed by the Entity pursuant to this Agreement. (16) 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. (17) 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. (18) 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 Commission, in its sole discretion, may consider any request by the Entity for 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 Entity with the Commission pursuant to this Agreement. In the event the Commission agrees to grant the Entity's

7 request for a refund, the Commission, in its sole discretion, shall determine the amount and the timing of the refund. Any and all changes in the parties' financial responsibilities resulting from the Commission's determination of the Entity's request for a refund pursuant to this provision must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the Entity and the Commission. (19) NO ADVERSE INFERENCE: This Agreement shall not be construed more strongly against one party or the other. The parties to this Agreement had equal access to, input with respect to, and influence over the provisions of this Agreement. Accordingly, no rule of construction which requires that any allegedly ambiguous provision be interpreted more strongly against one party than the other shall be used in interpreting this Agreement. (20) 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. (21) VOLUNTARY NATURE OF AGREEMENT: Each party to this Agreement warrants and certifies that it enters into this transaction and executes this Agreement freely and voluntarily and without being in a state of duress or under threats or coercion. (22) 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 immediately after delivery in person, or by facsimile or electronic mail addressed as follows: Commission to: Missouri Department of Transportation Attn: Tom Blair,.St. Louis District Engineer 1590 Woodlake Drive Chesterfield, MO Facsimile No.: (573) thomas.blair@modot.mo.gov City of Wildwood to: Rick Brown, Director of Public Works/City Engineer Main Street Wildwood, MO Facsimile No.: rbrown@cityofwildwood.com or to such other place as the parties may designate in accordance with this Agreement.

8 (23) AUDIT OF RECORDS: The Entity must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at all reasonable times at no charge to the Commission and/or its designees or representatives during the period of this Agreement and any extension thereof, and for three (3) years from the date of final payment made under this Agreement. (24) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the Entity 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 Entity's wrongful or negligent performance of its obligations under this Agreement. (B) The Entity will require any contractor procured by the Entity to work under this Agreement: (1) To obtain a no cost permit from the Commission s district engineer prior to working on the Commission s right-of-way, which shall be signed by an authorized contractor representative (a permit from the Commission s district engineer will not be required for work outside of the Commission s right-of-way); and (2) To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and the Missouri Department of Transportation and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section , RSMo. (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party s rights or defenses with regard to each party s applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. Remainder of Page Intentionally Left Blank; Signatures and Execution Appear on Following Page]

9 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the Entity this day of, 20. Executed by the Commission this day of, 20. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF WILDWOOD By Title Title ATTEST: ATTEST: Secretary to the Commission By Title Approved as to Form: Approved as to Form: Commission Counsel Title: Ordinance No

10 DI DESIGN DESIGNATION A.A.D.T = A.A.D.T = D.H.V. = 10% V = 45 M.P.H. D = 50% FUNCTIONAL CLASSIFICATION - MINOR ARTERIAL NO NEW RIGHT OF WAY TO BE ACQUIRED CONVENTIONAL SYMBOLS (USED IN PLANS) EXISTING NEW BUILDINGS AND STRUCTURES GUARD RAIL CONCRETE RIGHT-OF-WAY MARKER STEEL RIGHT-OF-WAY MARKER LOCATION SURVEY MARKER UTILITIES FIBER OPTICS FO FO OVERHEAD TELEPHONE UNDERGROUND TELEPHONE T OVERHEAD POWER UNDERGROUND POWER P GAS G WATER W MANHOLE FIRE HYDRANT SAN HYD T P G W MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION BABLER PK DR 100 PLANS FOR PROPOSED STATE HIGHWAY PRELIMINARY PLANS SAINT LOUIS COUNTY T45N R3E BRIDGE #A2738 OVER RTE END PROJECT STA BEGIN PROJECT STA BRIDGE DECK & SLAB REPLACEMENT CONCRETE APPROACH PVM'T, WIDENING, GUARDRAIL CLARKSON RD T45N R4E KIEFER CREEK RD INDEX OF SHEETS SHEET DESCRIPTION NUMBER TITLE SHEET TYPICAL SECTIONS (TS) (1 SHEET) PLAN SHEETS (PL) PROFILE SHEET (PR) REFERENCE POINTS (RP) BRIDGE DRAWINGS (B) A LENGTH OF PROJECT BEGINNING OF PROJECT STA END OF PROJECT STA APPARENT LENGTH FEET EQUATIONS AND EXCEPTIONS: DATE PREPARED 8/16/2017 ROUTE STATE 109 MO DISTRICT SHEET NO. SL 1 COUNTY ST LOUIS JOB NO. J6S3141 CONTRACT ID. PROJECT NO. BRIDGE NO. A2738 MISSOURI HIGHWAYS AND TRANSPORTION DATE DESCRIPTION COMMISSION 105 WEST CAPITOL JEFFERSON CITY, MO ASK-MODOT ( ) IF A SEAL IS PRESENT ON THIS SHEET IT HAS BEEN ELECTRONICALLY SEALED AND DATED. WV WATER VALVE WATER METER DROP INLET DITCH BLOCK GROUND MOUNTED SIGN LIGHT POLE H-FRAME POWER POLE TELEPHONE PEDESTAL FENCE CHAIN LINK WOVEN WIRE GATE POST BENCHMARK NOTE: DASHED OR OPEN SYMBOLS INDICATE EXISTING FEATURES WM SIGN PED BM V X T44N R3E PRELIMINARY PLANS ROUTE 109, ST. LOUIS COUNTY JOB NO. J6S3141 BRIDGE DECK AND APPROACH SLAB REPLACEMENT, CONCRETE APPROACH PAVEMENT, WIDENING AND GUARDRAIL OVER MANCHESTER (ROUTE 100) STA TO STA DESIGN SPEED: 45 MPH DESIGN TRAFFIC: ADT (2037) DESIGN HIGH VOLUME: 10% FUNCTIONAL CLASSIFICATION - MINOR ARTERIAL SUBMITTED MERAMEC RIVER T44N R4E TOTAL CORRECTIONS NET LENGTH OF PROJECT STATE LENGTH 0.00 FEET FEET MILES EFK M oen,llc Civil Engineering Design Phone Fax Barrett Parkway Dr Suite 250 St. Louis, M O M issouri Certificate of Authority:

11 For Route 109 Job No Sheet No. Made by JBH Checked by KDB Backchecked by JBH Date 9/20/17 Date 9/20/17 Date 9/20/17 ESTIMATED COST OF CONSTRUCTION Aesthetics for the City of Wildwood ITEM NO. ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL Class B-1 Concrete (Monoliths) 30 CY $ 1, $54, A Barrier Curb (Type D) - Cost differential for CIP vs Slipform 550 LF $ $16, Form Liners 280 SY $ $28, Protective Coating Concrete Bents and Piers (Epoxy) already included in Bridge cost $ Aesthetic Concrete Stain (Barriers& Monoliths) 2480 SF $ 1.75 $4, Aesthetic Concrete Stain (Intermediate Bents only) 2870 SF $ 1.75 $5, Surface Preparation for Recoating Structural Steel already included in Bridge cost $ Field Application of Inorganic Zinc Primer already included in Bridge cost $ A Intermediate Field Coat (System G) already included in Bridge cost $ A Finish Field Coat (System G) already included in Bridge cost $0 Base Total = $ 107,863 Add 10.0% Prelim. Design Contingency$ 10,786 Add 0.0% $ - Add 0.0% $ - Add 0.0% $ - Add 0.0% $ - Sub Total = $ 118,649 Mobilization Factor = 0.0% Mobilization = $ - Grand Total = $ 118,649 Base Total = $ 107,863 SAY $ 119,000 The costs shown above represent an estimate of probable construction cost prepared in good faith and with reasonable care. HNTB has no control over the costs of construction labor, materials or equipment or any control over competitive bidding or negotiating methods and does not make any commitment or assume any duty to assure that bids or negotiated price will not vary from this estimate.