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HomeMy WebLinkAboutOrd.4019.04-20-2009 BILL NO. 09-63 ORDINANCE NO. 'y,019 AN ORDINANCE AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN EMERGENCY RELIEF PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The Interim City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Emergency Relief Program Agreement with the Missouri Highways and Transportation Commission for emergency and permanent repair of damaged Federal-Aid Highways located in the City of Cape Girardeau, Missouri, as a result of the flooding of March, 2008 . 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 . �✓, / PASSED AND APPROVED THIS DAY OF 20_0 . Knudtson, Mayor ATTEST: &J, / n- / Gayle0l,.—eenr,ad, City Clerk �lgpRDEAL 4� �►r .JO v C a t°N � S�Ati CCO Form: RM 11 Federal Project #ER-M008(002) Approved: 07/96 (KMH) City of Cape Girardeau Revised: 01/07 (BDG) FHWA Emergency Relief Program Modified: 02/09 (MWH) CFDA Number: CFDA #20.205 CFDA Title: Highway Planning and Construction Award name/number: ER-M008(002) Award Year: 2008 Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EMERGENCY RELIEF PROGRAM AGREEMENT THIS EMERGENCY RELIEF AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau, Missouri (hereinafter, "City"). WITNESSETH: WHEREAS, 23 U.S.C. §125 authorizes an Emergency Relief Program (ER) to fund projects for repair or reconstruction of roadways affected by natural disasters; and WHEREAS, the City desires to repair or reconstruct roadways including emergency and. permanent repairs, using such ER funding. Emergency repairs are those repairs to minimize damage, protect facilities, or restore essential traffic accomplished within 180 days after the natural disaster. The remainder of the work to restore the highway to its predisaster condition would be considered permanent repairs; and WHEREAS, those improvements are to be designed and constructed in compliance with the provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The improvement contemplated by this Agreement and designated as Project #ER-M008(002) involves: Emergency and Permanent Repair of Damaged Federal-Aid Highways as a result of the flooding of March of 2008 and located as described in paragraph (2). (2) LOCATION: The contemplated improvement designated as Project #ER- M008(002) by the Commission is within the city limits of Cape Girardeau, Missouri. The specific location descriptions are as follows: Emergency and Permanent Repair on ML Auburn (Minor Arterial) approximately 270 feet south of Kage Road to repair eroded embankment and undermined pavement. Permanent Repair on'the 1200 block south of West End Blvd. (Minor Arterial) to repair collapsed culvert and street settlement. Permanent Repair.on the 1600 block of Southern Expressway (Minor Arterial) to repair washed out slope protection adjacent to and under bridge. Permanent Repair on Sprigg Street (Collector) to repair slope protection at South Sprigg Street Bridge (3) REASONABLE PROGRESS POLICY: The project as described in this agreement is subject to the reasonable progress policy. set forth in the Local Public Agency Manual. If the project is within a Transportation Management Area that has a reasonable progress policy in place, the project is subject to that policy. If the project is . withdrawn for not meeting reasonable progress, the City agrees to repay the Commission for any progress payments made to the City for the project and agrees that the Commission may deduct progress payments made to the City from future payments to the City. (4) ACCEPTED WITHIN HIGHWAY SYSTEM: Effective upon execution of this Agreement, the Commission accepts the above described portion of the City street system as part of the State Highway System for the purposes of this project. 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: (5) CITY TO MAINTAIN: Upon completion of construction. of this improvement, the City shall accept control .and maintenance of the improved street 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. Any traffic signals installed on highways maintained by the Commission will be turned over to the Commission upon completion of the project for maintenance. All obligations of the Commission under this Agreement shall cease upon completion of the improvement. 2 (6) 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. (7) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction for the City will be constructed in accordance with current Missouri Department of Transportation (MoDOT) design criteria/specifications for urban construction unless separate standards for the surface transportation system have been established by the City and the Commission subject to the approval of the Federal Highway Administration. (8) ACQUISITION OF RIGHT OF WAY: No acquisition of additional right of way is anticipated in connection with Project #ER-M008(002) or contemplated by this Agreement. (9) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government and by the City as follows: (A) The United States Government is presently participating in One Hundred percent (100%) of the eligible "Emergency Repair" costs of this Emergency Relief Project up to a maximum of $16,840.69. Any costs for these improvements which exceed federal reimbursement shall be the sole responsibility of the City. The Commission shall not be responsible for any costs associated with these improvements unless specifically identified in this Agreement or subsequent amendments. Any costs incurred by the City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. (B) The United States Government is presently participating in EIGHTY percent (80%) of the eligible "Permanent Repair" costs of this Emergency Relief Project up to a maximum of $171,976.28. Any costs for these improvements which exceed federal reimbursement shall be the sole responsibility of the City. The Commission shall not be responsible for any costs associated with these improvements unless specifically identified in this Agreement or subsequent amendments. Any costs incurred by the City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. (C) The total reimbursement otherwise payable to the City under this Agreement is subject to reduction, offset, levy, judgment, collection or withholding, if there is a reduction in the available federal funding, or to satisfy other obligations of the City to the Commission, the State of Missouri, the United States, or another entity acting pursuant to a lawful court order, which City obligations or liability are created by law, judicial action, or by pledge, contract or other enforceable instrument. Any costs incurred by the City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. 3 (10) PERMITS: The City shall secure any necessary approvals or permits from the Federal Government and the State of Missouri as required to permit the construction and maintenance of the contemplated improvements. (11 ) TRAFFIC CONTROL: The plans shall provide for handling traffic with signs, signal and marking in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). (12) WORK ON STATE RIGHT OF WAY: If any contemplated improvements for Project #ER-M008(002) will involve work on the state's right of way, the City will provide reproducible final plans to the Commission relating to such work. (13) DISADVANTAGED BUSINESS ENTERPRISES: At time of processing the required project agreements with the Federal Highway Administration, the Commission will advise the City of any required goals for participation by disadvantaged business enterprises to be included in the City's proposal for the work to be performed. The City shall submit for Commission approval a disadvantaged business enterprise goal or plan. The City shall comply with the plan or goal that is approved by the Commission and all requirements of 49 C.F.R. Part 26, as amended. (14) NOTICE TO BIDDERS: If the City chooses to bid out any portion of the work associated with project #ER-M008(002), the City shall notify the prospective bidders that disadvantaged business enterprises shall be afforded full and affirmative opportunity to submit bids in response to the invitation and will not be discriminated against on grounds of race, color, sex, or national origin in consideration for an award. (15) PROGRESS PAYMENTS: Progress payments to the City are available upon the City's written request. In the event Project #ER-M008(002) is not built or is built to standards not satisfactory to the Federal Highway Administration, the City agrees to repay the Commission for any progress payments made to the City for the respective project and agrees that the Commission may deduct progress payments made to the City from future payments to the City. (16) PROJECT AUDIT: The Commission will perform a final audit of project costs. The United States Government shall reimburse the City, through the Commission, any monies due. The City shall refund any overpayments as determined by the final audit. (17) OMB AUDIT: If the City expend(s) five hundred thousand ($500,000) or more in a year in federal finance assistance it is required to have an independent annual audit conducted in accordance with OMB Circular A-133. A copy of the audit report shall be submitted to the Missouri Department of Transportation (MoDOT) within thirty (30) days of the issuance of the report. Subject to the requirements of OMB Circular A-133, if the City expend(s) less than five hundred thousands dollars 4 ($500,000) a year, the City may be exempt from auditing requirements for that year but records must be available for review or audit by applicable state and federal authorities. (18) 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. (19) 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. (20) 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. (21) COMMISSION REPRESENTATIVE: The Commission's chief 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. (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 upon receipt by personal or facsimile delivery, addressed as follows: (A) To the City: Tim Gramling, Public Works Director City of Cape Girardeau 2007 Southern Expressway Cape Girardeau, MO 63703 Phone: 573-339-6351 Fax: 573-339-6363 (B) To the Commission: Jay Lancaster, District Liaison Engineer MoDOT — District 10 Planning PO Box 160 Sikeston, MO 63801 Phone: 573-472-5264 Fax: 573-472-5364 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 5 a clear and legible copy thereof, within three (3) business days of the date of facsimile transmission of that document. (23) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the City agrees as follows: (A) Civil Rights Statutes: The City shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et seq.), as well as any applicable titles of the "Americans with Disabilities Act' (42 U.S.C. §12101, et seq.). In addition, if the City is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the "Americans with Disabilities Act'. (B) Administrative Rules: The City shall comply with the administrative rules of the United States Department of Transportation relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation (49 C.F.R. Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The City shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by 49 C.F.R. §21.5, including employment practices. (D) Solicitations for Subcontracts Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the City. These apply to all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the City of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (E) Information and Reports: The City shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the United States Department of Transportation to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Commission or the United States Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the information. 6 (F) Sanctions for Noncompliance: In the event the City fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the United States Department of Transportation may determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the City complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The City shall include the provisions of paragraph (23) of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the United States Department of Transportation. The City will take such action with respect to any subcontract or procurement as the Commission or the United States Department of Transportation may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the City becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the United States to enter into such litigation to protect the interests of the United States. (24) ACCESS TO RECORDS: The City and its contractors must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at no charge to the FHWA and the Commission and/or their designees or representatives during the period of this Agreement and any extension, and for a period of three (3) years after the date on which the City receives reimbursement of their final invoice from the Commission. [Remainder of Page Intentionally Left Blank] 7 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this day of Aril _12001 . Executed by the Commission this day of ff)(y%/ 20 6 Q MISSOURI HIGHWAYS AND CITY OF TRAN TATION COM ISSION CAPE GIRARDEAU: �<<Z_ By Title Chief Engineer Title Interim City ager ATTEST: \ ATTEST: By USecretary to the Commission Title City Clerk Approved as to Form: Approved as to Form: By Counsel —� Title City Attorney [If needed to authorize a city official to execute the agreement.] Ordinance No: 4019 GIRARj) W J ry THE UNION* 8 City of Cape Girardeau , T �y "a, , wall ,rt , Public Works Department 2007 Southern Expressway, Cape Girardeau, Missouri 63703 Phone (573) 339-6351 Fax (573) 339-6363 To: Gayle Conrad Kendra Boos From: Stan Polivick �< Date: May 20 , 2009 Re: MoDot Emergency Repairs Agreement Gayle - I am sending you a signed original of the agreement between the City and MoDot for the Emergency Repair work from one of the declared events last year. This is provided for your "Contract File". Kendra - I am sending you a copy of the signed agreement between the City and MoDot for the Emergency Repair for your files. I will be processing the paper work for Public Works. I will coordinate with you for the reimbursement request when the work is done.