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Home My WebLink AboutRES.2327.12-03-2007BILL NO. 07-207 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR FEDERAL AID PROGRAM FOR FOUNTAIN STREET, PHASE II, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED 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 an Agreement with the Missouri Highways and Transportation Commission for Federal Aid Program for Fountain Street, Phase II, from Morgan Oak to William Street, in the City of Cape Girardeau, Missouri, in the City of Cape Girardeau, Missouri. copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS 3rd DAY OF �P rr�� _r 20C)j Gayle L. CArad, City Clerk Jay Knudtson, Mayor CCO FORM: TP3-SUP Approved: 10/97 (BDG) Revised: 07/06 (BDG) Modified: City of Cape Girardeau Cape Girardeau County Project DP -1503(002) CFDA Number: CFDA #20.205 CFDA Title: Highway Planning and Construction Award name/number: DP -1503(002) Award Year: FY2005 (DP) & FY2007 (TE) Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FEDERAL AID SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "City"). WITNESSETH: WHEREAS, on October 27, 2006, the Commission and the City previously entered into a Federal Aid Program Agreement as to public improvements designated as Fountain Street — Phase II, for the construction of streets, landscaping, and bicycle/pedestrian facilities, (hereinafter, "Original Agreement"); and WHEREAS, the Commission and the City now desire to revise the Original Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) REVISION : Paragraph 8 of the Original Agreement is removed and replaced with the following: (8) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government and by the City as follows: (A) The Commission is participating in the eligible costs up to a maximum of $596,032. These funds originate from two sources: (1) $491,964.00 of the total federal funds originates from a Federal Earmark. The United States Government is presently participating in One Hundred percent (100%) of the eligible costs up to a maximum of $491,964.00. The funding is from Section 117 of the FY2005 Appropriations Act. The -1- 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. (2) A total of $104,068 of the total federal funds originates from Transportation Enhancement funds from the District local competition using a maximum pro -rata share of 66/34 per the City's approved application. (B) The authority to advertise for bids shall be granted by the Commission when all right-of-way clearances, environmental clearances, and the approval of the Plans, Specification, and Estimate have been completed. 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. (D) The Commission shall not provide more than a total of Five Hundred Ninety -Six Thousand Thirty -Two dollars ($596,032.00) in federally allocated funds for this project. Any costs greater than $596,032 will be solely the responsibility of the City. The current estimate for the improvements included in project DP - 1503(002) is $1,438,000. (2) REVISION : Paragraph 14 of the Original Agreement is removed and replaced with the following: (14) PROGRESS PAYMENTS: The Commission, in its discretion, may provide the allocated funding to the City incrementally as the project progresses. If the Commission elects to provide the funding incrementally, upon request for progress payments from the City, the Commission will reimburse the City through progress payments as follows: (A) Through Preliminary Engineering, the Commission will continue to reimburse for 40% of all eligible costs for design engineering, not to exceed the maximum stated in paragraph (8)(A)(1). (B) Upon review and approval, the Commission will reimburse 45% for all -2- eligible costs for construction and construction engineering, not to exceed the maximum stated in paragraph (8)(D) based on an approximate pro -rata share. (3) ORIGINAL AGREEMENT: Except as otherwise modified, amended, or supplemented by this Supplemental Agreement, the Original Agreement between the parties shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] -3- IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this Executed by the Commission this MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title: ATTEST: Secretary to the Commission Approved as to Form: Commission Counsel day of 20 day of 20 CITY OF CAPE GIRARDEAU By Title: ATTEST: By Title: Approved as to Form: Title: Ordinance No.: NN d+uES o DRIER ST. r' ST. 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