HomeMy WebLinkAboutOrd.5123.10-01-2018BILL NO. 18-137
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A MUNICIPAL AGREEMENT WITH THE
MISSOURI HIGHWAYS AND TRANSPORTATION
COMMISSION FOR BRIDGE WORK OVER CAPE LACROIX
CREEK, IN CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
Article 1. The City Manager is hereby authorized to
execute, on behalf of the City, a Municipal Agreement with the
Missouri Highways and Transportation Commission for bridge work
over Cape LaCroix Creek on Kingshighway (Highway 61), contingent
upon MoDOT approval, and the City Clerk is hereby authorized to
attest to said document and to affix the seal of the City
thereto. The Agreement shall be in substantially the form
attached hereto as Exhibit A, which document is hereby approved
by the City Council, with such changes therein as shall be
approved by the officers of the City executing the same.
Article 2. This Ordinance shall be in full force and effect
ten days after its passage and a roval.
PASSED AND APPROVED THIS day of QfO002018.
Bob Fox, Mayor
ATTEST:
Y
Bruce Tayla, Deputy City Clerk
F-
CCO Form: DE11
Approved: 04/93 (CEH)
Revised: 01/18 (BDG)
Modified:
Municipal Agreement
Route: US 61
County: Cape Girardeau
Job No.: J91P3126
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 Cape Girardeau, Missouri, a
municipal corporation (hereinafter, "City").
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
(1) IMPROVEMENT DESIGNATION: The public improvement designated as
Route US 61, Cape Girardeau County, Job No. J9P3126 shall consist of bridge
rehabilitation over Cape LaCroix Creek in Cape Girardeau.
(2) IMPROVEMENT WITHIN CITY: The improvement within the City is
located as follows:
Commencing at the intersection of Route K and US 61 (Log Mile 285.354), go
southwest along US 61 to the beginning project limits at Log Mile 289.460,
thence continue southwest along US 61 to Log Mile 289.560. Length of
improvement within the city is 0.10 miles.
(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.
(4) LOCATION: The general location of the public improvement is shown on
an attached sketch marked "Exhibit A" and made a part of this Agreement. The detailed
location of the improvement is shown on the plans prepared by the Commission for the
above -designated route and project.
(5) PURPOSE: It is the intent of this Agreement to outline the parties'
responsibilities with respect to the construction and maintenance of those improvements
to the State Highway System located within the City limits described in paragraphs (1)
and (2) above and designated as Commission Job No. J91P3126.
(6) RIGHT-OF-WAY USE: The City grants the right to use the right-of-way of
public roads, streets, alleys and any other property owned by the City as necessary for
construction and maintenance of said public improvement.
(7) CLOSE AND VACATE: The City shall temporarily close and vacate all
streets, roads, trails or parts thereof, which may be necessary to permit the construction
of the project in accordance with the detailed plans.
(A) La Croix recreation trail will need to be closed for short periods while
bridge work is being performed. Bridge number H0572. Estimated closure is to be two
to three weeks in duration.
(B) Southern entrance to Hobby Lobby will also need to be closed
periodically while bridge work is being performed. Bridge number H0572.
(8) RIGHT-OF-WAY ACQUISITION:
(A) No acquisition of additional right-of-way is anticipated in connection
with Job No. J9P3126 or contemplated by this Agreement.
(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) The Commission shall secure the removal, relocation, or
adjustment of any public or private utilities located upon private easements and shall
pay any costs incurred therein.
(C) 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.
(D) In cases of public utilities owned by the City which must be moved,
adjusted, or altered to accommodate construction of this improvement, and such city -
owned utilities, poles, wires, conduits, and pipes are located within the present city limits
and located on an existing city street, not state highway right-of-way, but being taken
over by the Commission as a part of its highway right-of-way, the City will perform the
necessary removal, adjustment, alterations and relocation, and the Commission will
reimburse the City except as otherwise provided. The City shall perform the removal,
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adjustment, alterations and relocation in accordance with the detail plans, estimates of
costs and bills of materials prepared by the City in accordance with Federal Aid Policy
Guide, Title 23 CFR Subchapter G, Part 645, Subpart A (FAPG 23 CFR 645A), dated
December 9, 1991 and any revision of it, and approved by the Commission's district
engineer, and shall perform all work and keep the records of the costs in accordance
with FAPG 23 CFR 645A and its revisions. Upon the completion of any such work and
on receipt by the Commission of the original and four copies of a bill for the actual costs
incurred by the City in making any such removal, adjustment, alteration and relocation,
the Commission shall reimburse the City for the actual cost necessitated by construction
of this public improvement. The Commission's obligation toward the cost of any such
removal, adjustment, alteration and relocation shall extend only to those costs incurred
in accordance with FAPG 23 CFR 645A and its revisions.
(E) Should it be necessary to alter, relocate or adjust any city -owned
utility facilities outside the present city limits on public right-of-way or on state highway
right-of-way within or outside the city limits or within the right-of-way of a public way
other than a city street or alley, the alteration, relocation, or adjustment shall be made
by the City at its cost.
(F) 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.
(10) LIGHTING
(A) The installation, operation, and maintenance by the Commission of
any 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 at the time of
any such installation and only to the extent the Commission then deems warranted. No
street lighting system shall be installed or maintained by or for the City on the
improvement without approval of the Commission.
(11) TRAFFIC CONTROL DEVICES: The installation, operation and
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
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without approval of the Commission.
(12) DRAINAGE:
(A) 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: 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. 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.
(16) 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
4
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.
(17) 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.
(18) 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.
(19) WITHHOLDING OF FUNDS: In the event that the City fails, neglects, or
refuses to enact, keep in force or enforce ordinances specified or enacts ordinances
contrary to the provisions in this Agreement, or in any other manner fails, neglects or
refuses to 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.
(20) 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.
(21) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment approved
and signed by representatives of the City and Commission, respectively, each of whom
being duly authorized to execute the contract amendment on behalf of the City and
Commission, respectively.
(22) COMMISSION REPRESENTATIVE: The Commission's Southeast District
Engineer is designated as the Commission's representative for the purpose of
administering the provisions of this Agreement. The Commission's representative may
designate by written notice other persons having the authority to act on behalf of the
Commission in furtherance of the performance of this Agreement.
(23) CITY REPRESENTATIVE: The City Manager is designated as the City's
representative for the purpose of administering the provisions of this Agreement. The
City's representative may designate by written notice other persons having the authority
to act on behalf of the City in furtherance of the performance of this Agreement.
(24) NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be in writing and shall be deemed given three (3) days after
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delivery by United States mail, regular mail postage prepaid, or upon receipt by
personal or facsimile delivery, addressed as follows:
(A) To the City:
Scott Meyer, City Manager
City of Cape Girardeau
4011ndependence
Cape Girardeau, MO 63701
(B) To the Commission:
Mark Shelton, Southeast District Engineer
Missouri Department of Transportation
2675 North Main St.
P.O. Box 160
Sikeston, MO 63801
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile delivery shall be followed by delivery of the original document, or
a clear and legible copy thereof, within three (3) business days of the date of facsimile
transmission of that document.
(25) ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(26) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The City shall comply with all local, state
and federal laws and regulations relating to the performance of the contract.
(27) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(28) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the
parties hereto and nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than the Commission and the City.
(29) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that
they are acting officially and properly on behalf of their respective institutions and have
been duly authorized, directed and empowered to execute this Agreement.
(30) SECTION HEADINGS: All section headings contained in this Agreement
are for the convenience of reference only and are not intended to define or limit the
scope of any provision of this Agreement.
[remainder of page intentionally left blank]
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DocuSign Envelope ID: 82672377-AB72-4668-B83B-37865B8A9D33
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the City on 2018-10-23 1 11:21 AM CDT (Date).
Executed by the Commission on 2018-10-25 1 12:31 PM CDT
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
By:CDocuSigned/by:
ABD12EE1F461494...
Title: Chief Engineer
ATTEST:
DocuSigned by:
IsectifflytWthe Commission
APPROVED AS TO FORM:
DocuSigned by:
PAPS,84&P6Counsel
7
City of Cape Girardeau
DocuSigned by:
By: Sceff tr
ACC31 M252746C—
Title: city Manager
ATTEST:
DocuSigned by:
By: vttiu, -rau ctr
39EE8295CC1348D...
Title: Deputy City Clerk
(Date).
APPROVED AS TO FORM:
DocuSigned by:
By: 5. fvic �au�
7C521F99E916469...
Title: City Attorney
5123
Ordinance Number
JTY
Certificate Of Completion
Envelope Id: 82672377AB724BB8B83B37865B8A9D33
Subject: Please DocuSign 2018-07-44671.pdf
Source Envelope.
Document Pages: 9 Signatures: 3
Certificate Pages: 6 Initials: 0
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Record Tracking
Status: Original Holder- Jessie B. Philpot
10/11/2018 8:3507 AM Jessie.Philpot@modot.mo.gov
Signer Events Signature
Bruce Taylor DocuSigned by:
btaylor@cityofcapegirardeau.org Cfbiw, TeuLw
Deputy City Ci Clerk 39EE8295CC1348D
Security Level: Email, Account Authentication
(Optional), Access Code Signature Adoption: Pre -selected Style
Using IP Address: 71.91.228.222
Electronic Record and Signature Disclosure:
Accepted: 10/19/2018 2:06:00 PM
ID-136e245a-3b88-4746-97ed-a97a462ab297
Scott Meyer (—DocuSigned by:
smeyer@cityofcapegirardeau.org I�(R "V
City Manager `ACC31E6B252746C
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Electronic Record and Signature Disclosure:
Accepted: 10/19/2018 3:17.09 PM
ID- ccb8e482-Od91-456d-8bf6-6954dffbbef7
W Eric CunninghamD cu5igned by:
ecunningham@cityofcapegirardeau.org oG "
City Attorney `-7C521F99E916469
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Electronic Record and Signature Disclosure:
Accepted: 10/23/2018 1019:38 AM
ID•6a076c1a-66ae-4c07-a9ec-cdce154d95a5
Bryce Gamblin
bryce.gamblin@modot.mo.gov
Senior Administrative Counsel
Missouri Department of Transportation
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Envelope Originator-
Jessie
riginatorJessie B. Philpot
1860 Michael Faraday Drive
Suite 100
Reston, VA 20190
Jessie.Philpot@modot.mo.gov
IP Address: 168.166.124 100
Location: DocuSign
Timestamp
Sent: 10/19/2018 1 42:32 PM
Resent: 10/19/2018 1 42:40 PM
Viewed: 10/19/2018 2:06:00 PM
Signed: 10/23/2018 11:29:37 AM
Sent: 10/11/2018 9:12:07 AM
Resent: 10/19/2018 12:1947 PM
Resent: 10/19/2018 1 39:01 PM
Resent: 10/19/2018 1 42:40 PM
Viewed: 10/19/2018 3.17.09 PM
Signed: 10/19/2018 3:18:17 PM
Sent: 10/19/2018 1 42:32 PM
Resent: 10/19/2018 1 42:40 PM
Viewed. 10/23/2018 10:19:39 AM
Signed: 10/23/2018 11:21 16 AM
Sent: 10/23/2018 11:29:39 AM
;t
ai sa�uK�rr
Signer Events Signature Timestamp
Ed Hassinger
ed.hassinger@modot.mo.gov
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Pamela Harlan
pamela.harian@modot.mo.gov
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Casey Brunke� tw Sent: 10/11/2018 9:12:08 AM
cbrunke@cityofcapegirardeau.org
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(Optional), Access Code
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Not Offered via DocuSign
Tim Pickett Sent: 10/11/2018 9:12:08 AM
timothy.pickett@modot.mo.gov PIED
Transportation Project Designer
Missouri Department of Transportation
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(Optional)
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Timothy Richmond PIED
trichmond@cityofcapegirardeau.org
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Dana Kaiser
dana.kaiser@modot.mo.gov
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Jennifer Jorgensen
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Sharon Monroe
sharon.monroe@modot.mo.gov
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Jessie B. Philpot
jessie.philpot@modot.mo gov
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Casey Brunke
cbrunke@cityofcaprgirardeau.org
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Not Offered via DocuSign
Timothy Richmond
trichmond@cityofcapegirardeau.org
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(Optional)
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Envelope Summary Events Status Timestamps
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 10/5/2016 3:4017 PM
Parties agreed to: Bruce Taylor Scott Meyer W Eric Cunningham
Missouri Highways and Transportation Commission
DocuSign, Inc. Express Electronic Signature Agreement
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Authorized Representative of the ContractorNendor/Consultant (Entity) who is duly authorized
to act on behalf of said Entity (hereinafter you or I) and accept from you your electronically
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