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HomeMy WebLinkAboutORD.2928.04-20-2001BILL NO. 2001-167 ORDINANCE NO. a9a f AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, FOR THE INSTALLATION OF A TRAFFIC SIGNAL BY OTHERS, TO BE MAINTAINED BY THE COMMISSION BE IT ORDAINED 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 the installation of a traffic signal by others, to be maintained by the Commission. 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 DAY OF 20 U; ATTEST: Gayle . Conrad, City Clerk CCO Form: TR16 Approved: 12/93 (DPP) Revised: 8/99 (BDG) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AGREEMENT FOR THE INSTALLATION OF A TRAFFIC SIGNAL BY OTHERS TO BE MAINTAINED BY THE COMMISSION This Agreement is made and entered into by and between the Missouri Highways and Transportation Commission (hereinafter, "Commission"), whose address is P.O. Box 270, Jefferson City, Missouri 65102, and The City of Cape Girardeau (hereinafter, " CITY "), whose address is 401 Independence, Cape Girardeau, MO 63702-0617. WITNNESSETH: WHEREAS, the Commission owns and operates, as part of the State Highway System, U.S. Route 61 located at Southern Expressway in Cape Girardeau County; and WHEREAS, CITY is desirous of performing certain tasks related to the installation of a traffic signal at U.S. Route 61 & Southern Expressway in said county. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) OWNERSHIP: The CITY represents that it is the owner of certain property located at U.S. Route 61 & Southern Expressway in Cape Girardeau County. (2) PROPOSAL: The CITY proposes and the Commission will allow the installation of a fully -actuated traffic signal at this location. (3) LOCATION: The general location of the traffic signal to be installed pursuant to this Agreement is at the intersection of U.S. Route 61 and Southern Expressway in Cape Girardeau, Missouri. (4) COSTS: All costs associated with the construction of the proposed improvements, including, but not limited to, signing, traffic signals, and traffic control during construction, will be borne entirely by the CITY, with no cost incurred by the Commission. (5) PLANS: The CITY shall have detailed plans prepared at its cost, which -1- are to be submitted to the Commission's District Engineer for the Commission's review and approval. (6) SIGNALS: All pavement marking, signs, and traffic signals installed with the proposed improvements shall be in accordance with the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways. (7) RELOCATION: The CITY shall secure the removal, relocation or adjustment of any public or private utilities located on private easements or public right -of way, if the construction of the herein contemplated improvements so required, without cost to the Commission. (8) INSPECTION: The CITY will allow inspection of the construction of the herein contemplated improvements by the Commission's District Engineer, or his authorized representative, at any time and shall take no attempts to prevent said inspection. Within thirty (30) days following notice by the CITY to the Commission that construction is complete, the Commission will inspect the work to determine that it is acceptable. The traffic signal will not be placed in operation until the Commission authorizes. (9) INDEMNIFICATION: The CITY shall indemnify and save harmless the Commission and its agents, servants, assigns, and employees from damages or claims 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 same. (10) 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 the Commission. The Commission, at its cost, shall supply electrical current to operate the signal. (11) PERMITS: Before beginning work, the CITY shall secure from the Commission's District Engineer a permit for the proposed improvement. (12) BOND: The CITY shall secure sufficient bond, as determined by the Commission's District Engineer or his authorized representative, for the construction of the proposed improvement Commission right-of-way. (13) CONSTRUCTION OF IMPROVEMENTS: All construction of the proposed improvements shall be according to the latest editions of the Missouri Highways and Transportation Commission's Standard Specifications for Highway Construction, Standard Plans for Highway Construction, and the Missouri -2- Department of Transportation's Approved Products List for Traffic Signals and Highway Lighting. (14) 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. (15) ASSIGNMENT: The CITY shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (16) AUDIT OF RECORDS: The CITY must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at all reasonable times at no charge to the Commission and/or its designees or representatives during the period of this Agreement and any extension thereof, and for three (3) years from the date of final payment made under this Agreement. (17) 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. (18) 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. (19) 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.). (20) 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 -3- County, Missouri. (21) 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. 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 Secretary to the Commission Approved as to Form: Commission Counsel j Acontract\tr\tr16 day of , 2001. In day of , 2001. CITY OF CAPE GIRARDEAU By Mayor a City Manager Approved as to Form: City Attorney