HomeMy WebLinkAboutOrd.5132.11-19-2018 BILL NO. 18-160 ORDINANCE NO. 513),
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT #3 TO THE STATE BLOCK
GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS
AND TRANSPORTATION COMMISSION FOR DESIGN AND
CONSTRUCTION OF THE RUNWAY 10/28 LIGHTING
REHABILITATION PROJECT, AT THE CAPE
GIRARDEAU REGIONAL AIRPORT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
Article 1 . The City Manager is hereby authorized and
directed to execute, on behalf of the City of Cape Girardeau,
Missouri, Amendment #3 to the State Block Grant Agreement with
the Missouri Highways and Transportation Commission, for design
and construction of the Runway 10/28 Lighting and Rehabilitation
Project, Project No. 15-077A-1, at the Cape Girardeau Regional
Airport. The City Clerk is hereby authorized and directed to
attest to said document and to affix the seal of the City
thereto. The Amendment 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 approval.
J1)
PASSED AND APPROVED THIS /a
day of 1)01110
2018 .
Bob Fox, Mayor
(SEAL) , D,Da •
ATTEST: i4 =
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Gaylefi . Conrad, City Clerk LE J v,
CCO Form: MO18
Approved: 05/94 (MLH) Sponsor: City of Cape Girardeau
Revised: 03/17 (MWH) Project No.: 15-077A-1
Modified:
CFDA Number: CFDA #20.106
CFDA Title: Airport Improvement Program
Federal Agency: Federal Aviation Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
AMENDMENT TO STATE BLOCK GRANT AGREEMENT
AMENDMENT #3
THIS AGREEMENT AMENDMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau
(hereinafter, "Sponsor").
WITNESSETH:
WHEREAS, the parties entered into an Agreement executed by the Sponsor on
February 26, 2016, and executed by the Commission on March 4, 2016, (hereinafter,
"Original Agreement") under which the Commission granted the sum not to exceed
Sixty -Five Thousand Four Hundred Thirty -Five Dollars ($65,435) to the Sponsor to
assist with Design Runway 10/28 Lighting Rehabilitation; and
WHEREAS, the parties entered into an Amendment #1 to the Original Agreement
executed by the Sponsor on October 25, 2016, and executed by the Commission on
November 4, 2016, (hereinafter, "Amendment #1") under which the Commission
granted an additional sum not to exceed Six Hundred Forty -Eight Thousand Eight
Hundred Sixty -One Dollars ($648,861) to the Sponsor to assist with Design and
Construct Runway 10/28 Lighting Rehabilitation; and
WHEREAS, the parties entered into an Amendment #2 to the Original Agreement
executed by the Commission on May 17, 2018, (hereinafter, "Amendment #2") under
which the Commission granted an additional sum not to exceed Fifty -Two Thousand
Seven Hundred Thirty -Five Dollars ($52,735) to the Sponsor to assist with Design and
Construct Runway 10/28 Lighting Rehabilitation and extended the project time period
from November 30, 2017 to December 31, 2018, to allow for completion of the work;
and
WHEREAS, the parties wish to extend the project time period to allow for
completion of the work.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1) PROJECT TIME PERIOD: Based upon the revised project schedule, the
project time period of December 31, 2018 will be extended to May 30, 2019, to allow for
completion of the work. Paragraph (1)(D) of Amendment #2 is hereby amended
accordingly.
(2) ADDITIONAL PROVISIONS: The following provisions are applicable:
(A) The project will be carried out in accordance with the assurances
(Exhibit 1) given by the Sponsor to the Commission as specified in the Amendment #2.
(B) This Amendment shall expire and the Commission shall not be
obligated to pay any part of the costs of the project unless this grant amendment has
been executed by the Sponsor on or before December 1, 2018, or such subsequent
date as may be prescribed in writing by the Commission.
(C) All other terms and conditions of the Original Agreement,
Amendment #1, and Amendment #2 entered into between the parties shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below:
Executed by the Sponsor this
Executed by the Commission this
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
Title
Secretary to the Commission
Approved as to Form:
Commission Counsel
day of , 20
day of 120
CITY OF CAPE GIRARDEAU
By _
Title
By _
Title
Approved as to Form:
Title
Ordinance No.
(if applicable)
CERTIFICATE OF SPONSOR'S ATTORNEY
I, , acting as attorney for the Sponsor do
hereby certify that in my opinion the Sponsor is empowered to enter into the foregoing
grant Agreement under the laws of the State of Missouri. Further, I have examined the
foregoing grant Agreement and the actions taken by said Sponsor and Sponsor's official
representative have been duly authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of the said state and the
Airport and Airway Improvement Act of 1982, as amended. In addition, for grants
involving projects to be carried out on property not owned by the Sponsor, there are no
legal impediments that will prevent full performance by the Sponsor. Further, it is my
opinion that the said grant constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
CITY OF CAPE GIRARDEAU
Name of Sponsor's Attorney (typed)
Signature of Sponsor's Attorney
Date