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Home My WebLink AboutRES.2109.10-17-2005 , - � BILL NO. 05-225 RESOLUTION NO. i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GROWING TOGETHER AGREEMENT WITH THE MISSOURI HIGHWAYS AND TR.ANSPORTATION COMMISSION FOR IMPROVEMENTS AT THE INTERSTATE 55/ROUTE K INTERCHANGE LOCATED IN THE CITY OF CAPE GIR.AR.DEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, 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 Growing Together Agreement with the Missouri Highways and Transportation Commission for improvements at the Interstate 55/Route K Interchange, in the City of Cape Girardeau. A copy of said Agreement is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS � DAY OF iC. - , 20��. �� m`I�A,� 0�,4 �,�� (� O � ay . Knudtson, Mayor � ta E� T O � v �� T�� u�ra�o �'��N�_,�rs Gayle L. onrad, City Clerk � . ., . CCO Form: Approved: Revised: Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION GROWING TOGETHER AGREEMENT This Agreement is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "City") in Cape Girardeau, County. WITNNESSETH: WHEREAS, the Commission owns and operates, as part of the State Highway Systern� certain transportation corridors (hereinafter, "corrid:ors") located within the City. WHEREAS, the Commission and City desire to plan, deploy, and maintain roadside beautification improvements along the Commission's corridors as part of the Commission's Growing Together Program; and. WHEREAS, the City desires to perform certain tasks related to the deployment and maintenance of roadside beautification improvements along Commission's corridors. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) PURPOSE: The intent of this agreement is to outline the responsibilities for the deployment and maintenance of "Growing Together" improvements along Commission's corridors in the City. The general locations are along the following corridors: I-55/Route K Interchange, North-West Quadrant (2) FUNDING RESPONSIBILITIES: All cost associated with the deployment and maintenance of "Growing Together" improvements will be the responsibilities of the City. (3) INSPECTION OF IMPROVEMENTS: The City shall allow inspection of the Growing Together improvements by the Commission's District Engineer, or other authorization representatiye, at any time. Within thirty (30) days following notice by the City to the Commission that improvements are completed, an inspection will be done to acceptance. If these improvements, are deemed unacceptable by the Commission's representative based on Growing Together plans submitted by the -1- City and approved by the Commission's representative, the improvements will be either made acceptable or removed with roadside restored at the expense of the City. (4) MAINTENANCE: The City shall maintain all improvements deployed under this Agreement. Failure to maintain these improvements and enhancements in an acceptable manner may result in the removal of them and/or termination of this Agreement. The decision to remove the improvements or to terminate this Agreement is within the sole discretion of the Commission. (5) PLANS: The City shall have detailed plans prepared at its cost, which are to be submitted to the Commission's District Engineer for the Commission's review and approval. All proposed improvements shall be designed and constructed in accordance with the latest editions of the Missouri Highways and Transportation Commission's Standard Speci�cations for Highway Construction, and the Missouri Department of Transportation's Maintenance Manual. (6) INDEMNIFICATION: The City shall indemnify and save harmless the Commission and its agents, servants, assigns, and employees from damages or clairns for damages arising from, or as a result of, the actions or omission, whether negligent or not, of the City or its agents or employees in connection with and during the construction of the herein contemplated improvements. If the Commission should expend any funds, except as otherwise provided herein, in connection with the construction of the herein contemplated improvements, the City shall reimburse the Commission for said expenses. (7) 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 either the City or the Commission. (8) PERMITS: Before beginning work, the City shall secure from the Commission's District Engineer a permit for the proposed improvement. All applicable permit conditions shall apply to these improvements being completed. All appropriate work zone traffic control shall be in place during the deployment and maintenance of these improvements. (9) 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 representative of the City and the Commission. (10) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. -2- (11) 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 the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the City. In addition, either the City or the Commission may terminate this Agreement without cause with thirty (30) days notice to the other party. (12) 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. (13) MISSOURI NONDISCRIMINATION CLAUSE: The City shall comply with all the provisions of Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14th) day of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. This Executive Order promulgates a Code of Fair Practices for the Executive Branch of Missouri Government and prohibits discrimination against recipients of services, and employees or applicants or employment of state contractors and subcontractors, on the grounds of race, color, religion, national origin, sex, age, disability, or veteran status. The City shall also comply with all state and federal statutes applicable to City relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, et seq.). (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) 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. (16) 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. (17) AUTHORITY TO EXECUTE: The signer 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. -3- . • .� (18) NO INTEREST: By contributing to the cost of this enhancement or improvement, the City gains no interest in the roadway or improvements whatsoever. The commission shall not be obligated to keep the constructed improvements or enhancements in place if the commission, in its sole discretion, at some point in the future determines removal or modification of the improvements, is in the best interest of the state highway system. In the event the commission decides to remove the landscaping, enhancements, or improvements, the City shall not be entitled to a refund of the funds expended by the City pursuant to this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the_ ` this�day of Of��r , 20 D� Executed by the Commission this�day of � A „ 20� MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU By By � � Title ��c a�G /��h . �i?�I�� Title G � �_ ;� ,. : � � � By ,�sS�Sec.retary to the,Commission Title ` e ' �Ap roved as to Form: Ap�roved as to Form: , � ' �/ BQIG� ✓N�//� �� Commission Counsel Title _ �"r��:r":�"Y�� .2 Y� .L'ii��j` /`f t Y {y,..r�,�A t) d C � y\ e't . . r�� , �� V... 1 ,1 � / 4 �1`,�r�f I�n; i � � � � , � 1 xa, 4 \ . _� `��` � ',� � ' ��. : i_. __..__. �;� � . _._.. , _ �%' .� 4 '' - - . �,