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HomeMy WebLinkAboutOrd.4217.04-18-2011 BILL NO. 11-44 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COST APPORTIONMENT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR IMPROVEMENTS TO THE INTERSECTION OF ROUTE W AND LEXINGTON AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Cost Apportionment Agreement with the Missouri Highways and Transportation Commission for improvements to the intersection of Route W and Lexington Avenue, in the City of Cape Girardeau. A copy of said Agreement is attached to this Ordinance and made a part hereof. ARTICLE 2 . This Ordinance shall be in full force and effect ten days after its passage and approval . /U PASSED AND APPROVED THIS DAY OF , 20 /r Harry E. ftediger, Mayor ATTEST: � 0 Gayl L. Conrad, Ci ler u'�AL CCO Form: DE07 Cost Apportionment Agreement Approved: 07/97 (DPP) Route: W Revised: 04/09 (MRA) County: Cape Girardeau Modified: Job No.: JOS2234 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION COST APPORTIONMENT AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "City") WITNESSETH: WHEREAS, the Commission owns and maintains Route W in Cape Girardeau County as part of the State Highway System; WHEREAS, the parties desire the improvement or reconstruction of Route W at the intersection of Route W and Lexington Avenue in the City of Cape Girardeau; and WHEREAS, the City is willing to provide assistance in the construction or reconstruction of 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 coordinate participation by the City in the cost of the Commission's public improvement for Route W, in the County of Cape Girardeau, designated as Job No. JOS2234. This public improvement will improve safety and traffic flow at the intersection of Route W and Lexington Avenue by constructing a roundabout or by installing mast arm traffic signals. The project will include the addition of auxiliary lanes, width transitions and other geometric improvements at the approaches to the intersection. Also included are traffic signal modifications at the adjacent intersection of Route W and Route 61 (Kingshighway) as necessary for the addition of dual left turn lanes from Lexington Avenue onto southbound Kingshighway. (2) LOCATION: The transportation improvement that is the subject of this Agreement is contemplated at the following location: Beginning at Station 1000+80, a point of intersection on the centerline of Route 61 (Kingshighway) located approximately 2,998 feet southwest of the common corner of sections 23, 24, 25 and 26 Township 31 North, Range 13 East, said point which is also known as Station 0+00 on the centerline of Route W/Lexington Avenue, then run in a generally northeasterly direction along the shared centerline of Route W/Lexington Avenue to Station 5+91.26, a point of intersection which is also known as Station 500+17.7 on the centerline of Route W, then continuing north along the centerline of Route Wand ending at a yet-to-be-determined point near station 494+00, a distance of 0.2 miles, more or less. 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) USE OF RIGHT-OF-WAY: 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 improvements. (4) 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. (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 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. The Commission will coordinate the design of this improvement with the City and will provide plans for the City's review prior to advertising the project for bids. (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 bids shall be provided to both the Commission and the City prior to award of the project. In the event that the City does not agree to the award of the project after review of the bids, the project may be cancelled and the City shall reimburse the Commission for one hundred percent (100%) of the expenditures incurred by the Commission prior to cancellation of the project, including but not limited to costs for preliminary engineering, right of way, and incidental costs; or in the alternative, upon concurrence by the Commission, a new request for bids shall made. (6) PAYMENT RESPONSIBILITIES: With regard to payment responsibilities under this Agreement, the parties agree to contribute as follows: (A) The total cost of the project is currently estimated to be one million nine hundred and one thousand dollars ($1,901,000.00). (B) The Commission will be solely responsible for the costs associated with the preliminary engineering (surveying, design, etc., right of way incidentals, administration of the construction contract and inspection of the work performed by the construction contractor, at no cost or expense to the City, except as provided in section 5(E) of this Agreement. (C) The Commission shall pay fifty percent (50%) of the project costs as listed in Table 1 of Exhibit B and one hundred percent (100%) of any costs of said items over eight hundred fifty-two thousand dollars ($852,000.00). The current estimate of the Commission's responsibility for the items in Table 1 of Exhibit B, including right of way acquisition, the construction contract and a two percent (2%) construction overrun allowance is seven hundred eighty-three thousand dollars ($783,000). (D) The City shall pay the Commission fifty percent (50%) of the project costs of items listed in Table 1 of Exhibit "B" and zero percent (0%) of any costs of said items over eight hundred fifty-two thousand dollars ($852,000.00). The current estimate of the City's responsibilities for right of way acquisition, the construction contract and a two percent (2%) construction overrun allowance is seven hundred eighty-three thousand dollars ($783,000.00) and shall be remitted in the following payments: Payment 1. Sixty-four thousand dollars ($64,000.00) as needed for the acquisition of right of way, shall be due on or prior to January 31, 2012; Payment 2. Seven hundred and nineteen thousand dollars ($719,000.00) as needed for construction of the project, shall be due on or prior to November 2, 2012 and/or no less than six weeks prior to the letting date; Payment 3 (if necessary). Upon the opening of bids, should it be determined that the city's share of the project cost exceeds seven hundred eighty-three thousand dollars ($783,000.00) the City shall remit a payment for the City's additional share no less than two days prior to the Commission meeting at which the project is to be awarded, and; Payment 4 (if necessary). Upon the completion of construction, should it be determined that construction cost overruns have caused the City's share of the project cost to exceed the sum previously remitted by the City, the City shall remit a payment for the City's additional share within 30 days of notification by the Commission. These checks shall be made payable to the "Director of State Revenue, Credit State Road Fund." If the City fails to make these payments, the Commission is under no obligation to continue with the project. 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 for other state funds. All interest monies shall be payable to the Road Fund. If the amount deposited with the Commission shall be less than the actual obligation of the City for this project, the City, 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 City based on its pro rata share of the investment. (E) Any shared project costs above or below one million five hundred sixty-six thousand dollars ($1,566,000.00) will be divided evenly between the Commission and the City up to a maximum of one million seven hundred and four thousand dollars ($1,704,000.00). The Commission reserves the right to change the project scope to keep.costs at or below one million seven hundred and four thousand dollars ($1,704,000.00). (7) 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 off-set, refund, release, reduction, or return 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. (8) 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 City and the Commission. (9) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (10) 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 this Agreement. (11) APPROVAL OF FHWA AND AVAILABILITY OF FUNDS: This Agreement 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. (12) 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. (13) COMMISSION RIGHT OF WAY: All improvements made within the state- owned 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. (14) 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. (15) 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. (16) 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 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. (17) 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. (18) 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. (19) 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. (20) 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. (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. [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 day of 120 . Executed by the Commission this day of 20 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF PE GIRARDEAU By Title Title ATTEST: . (Commission seal) By Title Secretary to the Commission By APPROVED AS TO FORM: Title Commission Counsel ATTEST: (City seal, if existing) By Title APPROVED AS TO FORM: By Title City Ordinance Number '031"OM'031Y35 aTY01NONU3"HMO SYN 11 133X4 SIHI NO 1N3S38d 51 'IY34 r fi J O B S 4 ' � r m z m w a � w PROJECT LOCATION 'a ROUNDABOUT W ' o F w C7 J m Q J O ' 55 w a P J� O4�1 j K INGSWA. . r Y KAGE RD o �1NCSyfC ti OSA GE;PARK 4y • G�G� N CITY OF CAPE GIRARDEAU - DR K E YSI�� EXHIBIT A i ROUTE W CAPE GIRARDEAU COUNTY JOB NO : JOS2234 Exhibit "B" Cost Apportionment Project Summary Project Name: Route W, Intersection improvements at Lexington Avenue in the city of Cape Girardeau MoDOT Job Number: JOS2234 Description: Improve safety and traffic flow at the intersection of Route W and Lexington Avenue by constructing a roundabout or by installing mast arm traffic signals. The project will include the addition of auxiliary lanes, width transitions and other geometric improvements at the approaches to the intersection. Also included are traffic signal modifications at the adjacent intersection of Lexington Avenue and Route 61 (Kingshighway) as necessary for the addition of dual left turn lanes from Lexington onto southbound Kingshighway. Table 1. Estimate of Shared Costs as of March 2, 2011 Current Commission City Estimate Responsibility Responsibility ROW Acquisition $128,000.00 $64,000.00 50% $64,000.00 50% Utility Relocations (non-city) $0 $0 50% $0 50% Construction Contract $1,410,000.00 $705,000.00 50% $705,000.00 50% Const. Overruns est. 2% $28,000.00 $14,000.00 50% $14,000.00 50% Shared Project Cost Totals 1 $1,566,000.00 $783,000.00 $783,000.00 Table 2. Estimate of Total Project Costs as of March 2, 2011 Current Commission City Estimate Responsibility Responsibility Preliminary Engineering $228,000.00 $228,000.00 100% $0 0% ROW Incidentals $8,000.00 $8,000.00 100% $0 0% Utilities (city owned) $0 $0 0%) (See note below) (100%) Const. Inspection/Admin. $99,000.00 $99,000.00 100% $0 0% Shared Cost Totals(from Table 1) $1,566,000.00 $783,000.00 $783,000.00 Total Estimated Responsibility $1,901,000.00 $1,118,000.00 $783,000.00 Notes: The above costs were based on a roundabout concept. Actual costs may differ from the above estimates. Costs of city owned utility relocations (if any) shall be borne separately by the city and is not included in the project total costs due the Commission. CCO Form: DE07 Cost Apportionment Agreement Approved: 07/97 (DPP) Route.- W —_=Revised.---04/09-(MRA)---- County--C—ape-Girardeau----- --- - -- Modified: Job No.: JOS2234 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION COST APPORTIONMENT AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, City ). WITNESSETH.- WHEREAS, ITNESSETH:WHEREAS, the Commission owns and maintains Route W in Cape Girardeau County as part of the State Highway System; WHEREAS, the parties desire the improvement or reconstruction of Route W at the intersection of Route W and Lexington Avenue in the City of Cape Girardeau; and WHEREAS, the City is willing to provide assistance in the construction or reconstruction of 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 coordinate participation by the City in the cost of the Commission's public improvement for Route W, in the County of Cape Girardeau, designated as Job No. JOS2234. This public improvement will improve safety and traffic flow at the intersection of Route W and Lexington Avenue by constructing a roundabout or by installing mast arm traffic signals. The project will include the addition of auxiliary lanes, width transitions and other geometric improvements at the approaches to the intersection. Also included are traffic signal modifications at the adjacent intersection of Route W and Route 61 (Kingshighway) as necessary for the addition of dual left turn lanes from Lexington Avenue onto southbound Kingshighway. (2) LOCATION: The transportation improvement that is the subject of this Agreement is contemplated at the following location: Beginning at Station 1000+80, a point of intersection on the centerline of Route 61 (Kingshighway) located approximately 2,998 feet southwest of the common corner of sections 23, 24, 25 and 26 Township 31 North, Range 13 East, said point which is also known as Station 0+00 on the centerline of Route W/Lexington Avenue, then run in a generally northeasterly direction along the shared centerline of Route W/Lexington Avenue to Station 5+91.26, a point of intersection which is also known as Station 500+17.7 on the centerline of Route W, then continuing north along the centerline of - -- --.----- ---Route=W-and-ending-at-a yet-to=be=determined-point-near-station 494+00;=a-distance-of- -- 0.2 miles, more or less. 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) USE OF RIGHT-OF-WAY: 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 improvements. (4) 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. (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 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. The Commission will coordinate the design of this improvement with the City and will provide plans for the City's review prior to advertising the project for bids. (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 bids shall be provided to both the Commission and the City prior to award of the project. In the event that the City does not agree to the award of the project after review of the bids, the project may be cancelled and the City shall reimburse the Commission for one hundred percent (100%) of the expenditures incurred by the Commission prior to cancellation of the project, including but not limited -- - to-costs-for--preliminary--engineering; -right-of--way;-and--incidental-costs;-or-in-the--- -- alternative, upon concurrence by the Commission, a new request for bids shall made. (6) PAYMENT RESPONSIBILITIES: With regard to payment responsibilities under this Agreement, the parties agree to contribute as follows: (A) The total cost of the project is currently estimated to be one million nine hundred and one thousand dollars ($1,901,000.00). (B) The Commission will be solely responsible for the costs associated with the preliminary engineering (surveying, design, etc., right of way incidentals, administration of the construction contract and inspection of the work performed by the construction contractor, at no cost or expense to the City, except as provided in section 5(E) of this Agreement. (C) The Commission shall pay fifty percent (50%) of the project costs as listed in Table 1 of Exhibit B and one hundred percent (100%) of any costs of said items over eight hundred fifty-two thousand dollars ($852,000.00). The current estimate of the Commission's responsibility for the items in Table 1 of Exhibit B, including right of way acquisition, the construction contract and a two percent (2%) construction overrun allowance is seven hundred eighty-three thousand dollars ($783,000). (D) The City shall pay the Commission fifty percent (50%) of the project costs of items listed in Table 1 of Exhibit "B" and zero percent (0%) of any costs of said items over eight hundred fifty-two thousand dollars ($852,000.00). The current estimate of the City's responsibilities for right of way acquisition, the construction contract and a two percent (2%) construction overrun allowance is seven hundred eighty-three thousand dollars ($783,000.00) and shall be remitted in the following payments: Payment 1. Sixty-four thousand dollars ($64,000.00) as needed for the acquisition of right of way, shall be due on or prior to January 31, 2012; Payment 2. Seven hundred and nineteen thousand dollars .($719,000.00) as needed for construction of the project, shall be due on or prior to November 2, 2012 and/or no less than six weeks prior to the letting date; Payment 3 (if necessary). Upon the opening of bids, should it be determined that the city's share of the project cost exceeds seven hundred eighty-three thousand dollars ($783,000.00) the City shall remit a payment for the City's additional share no less than two days prior to the Commission meeting at which the project is to be awarded, and; Payment 4 (if necessary). Upon the completion of construction, should it be determined that construction cost overruns have caused the City's share of the project cost to exceed the sum previously remitted by the City, the City shall remit a payment for the City's additional share within 30 days of notification by the Commission. - - - - - These-checks--•shall--be-made-payabie--to-=the Director-of-State-Revenge Credit-State - - Road Fund." If the City fails to makethese payments, the Commission is under no obligation to continue with the project. 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 for other state funds. All interest monies shall be payable to the Road Fund. If the amount. deposited with the Commission shall be-less than the actual obligation of the City for this project, the City, 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 City based on its pro rata share of the investment. (E) Any shared project costs above or below one million five hundred sixty-six thousand dollars ($1,566,000.00) will be divided evenly between the Commission and the City up to a maximum of one million seven hundred and four thousand dollars ($1,704,000.00). The Commission reserves the right to change the project scope to keep costs at or below one million seven hundred and four thousand dollars ($1,704,000.00). (7) 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 off-set, refund, release, reduction, or return 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. (8) 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 City and the Commission. (9) ASSIGNMENT.- The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (10) 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 this Agreement. (11) APPROVAL OF FHWA AND AVAILABILITY OF FUNDS: This Agreement 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. The--Commission--may-cancel=-this-Agreement-at-any--- - time T=he-Commission--ma cancel-this_A reement-atantime 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. (13) COMMISSION RIGHT OF WAY: All improvements made within the state- owned 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. (14) 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. (15) 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. (16) 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 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. (17) 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. (18) 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. (19) 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. (20) 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. (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. [remainder of page intentionally!eft blank] IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this /0 day of 20 . Executed by the Commission thisday of AkilL. 20-1-1 . MISSOURI HIGHWAYS AND TRANSPO TATION COMMISSION CITY OF C IRARDEAU - By By Title Chief Financial Officer Title ST: (Commission seal) By _A� 6k�=� Title Se etary to the Com ission APZED ED AS F RM: By Title t �� Cmission Couns ATTEST: (City seal, if g) By Title APPR V D AS TO FORM: By �)C VM AM) Title Yf 'r:_ - ✓_ V", City Ordinance Number '?`a� ' '03130 My 03133S a1T3110tl U313 M330 M 11 333 S SIM MO 1M3S38d SI 1335 3 is j A Q O m Z m W Q y W PROJECT LOCATION a ROUNDABOUT W Z w Y O I- F N d z J 2 F W Lu a o z J 1 � Q -1 0J 55 w a m v PJB cu J K1N Y " CS}yAY KAGE RD I/N o CS'y! -+ OSA GE PARK Y j �G L.. CITY OF CAPE GIRARDEAU " DR KEYSI�= I EXHIBIT A j ROUTE W i CAPE GIRARDEAU COUNTY JOB NO : JOS2234 i / IJ Exhibit "B" Cost Apportionment Project Summary Project Name: Route W, Intersection improvements at Lexington Avenue in the city of Cape Girardeau MoDOT Job Number: JOS2234 Description: Improve safety and traffic- flow at the-intersection of Route W and Lexington Avenue by constructing a roundabout or by installing mast arm traffic signals. The project will include the addition of auxiliary lanes, width transitions and other geometric improvements at the approaches to the intersection. Also included are traffic signal modifications at the adjacent intersection of Lexington Avenue and Route 61 (Kingshighway) as necessary for the addition of dual left turn lanes from Lexington onto southbound Kingshighway. Table 1. Estimate of Shared Costs (as of March 2, 2011) Current Commission City Estimate Responsibility Responsibility ROW Acquisition $128,000.00 $64,000.00 (50%) $64,000.00 50% Utility Relocations non-cit $0 $0 50% $0 50% Construction Contract $1,410,000.00 $705,000.00 50%) $705,000.00 50% Const. Overruns est. 2% $28,000.00 $14,000.00 50% $14,000.00 50% Shared Project Cost Totals $1,566,000.00 $783,000.00 $783,000.00 Table 2. Estimate of Total Project Costs (as of March 2, 2011 Current Commission City Estimate Responsibility Responsibility Preliminaa Engineering $228,000.00 $228,000.00 (100%) $0 (0% ROW Incidentals $8,000.00 $8,000.00 100% $0 0% Utilities (city owned) $0 $0 (0%) (see note below) (100%) Const. Inspection/Admin. $99,000.00 $99,000.00 100% $0 0% Shared Cost Totals (from Table 1) $1,566,000.00 $783,000.00 $783,000.00 Total Estimated Responsibility 1 $1,901,000.00 $1,118,000.00 $783,000.00 Notes: The above costs were based on a roundabout concept. Actual costs may differ from the above estimates. Costs of city owned utility relocations (if any) shall be borne separately by the city and is not included in the project total costs due the Commission. i14 a Y