HomeMy WebLinkAboutORD.3732.10-23-2006i
BILL NO. 06-208
ORDINANCE NO. 34?3t�—
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF AGREEMENT WITH
SOUTHEAST MISSOURI STATE UNIVERSITY FOR THE
INSTALLATION OF HISTORIC STREET LIGHTS AT
THE BROADWAY AND HENDERSON INTERSECTION, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
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 a
Memorandum of Agreement with Southeast Missouri State University
for the installation of historic street lights at the Broadway
and Henderson intersection, in the City of Cape Girardeau,
Missouri. A copy of said Agreement is attached to this
Ordinance and made a part hereof.
ARTICLE 2. That this Memorandum of Agreement is subject to
the provisions of the Inter Governmental Cooperation Act,
Section 70.210 et seq. of the Revised Statutes of the State of
Missouri. The City Clerk is hereby authorized to file a copy
hereof with the Office of the Secretary of State and the
Recorder of Deeds, Cape Girardeau County.
ARTICLE 3. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF
le L
City Clerk
PJaB.Knudtson, Mayor
MEMORANDUM OF AGREEMENT
BETWEEN SOUTHEAST MISSOURI STATE UNIVERSITY
AND
THE CI'T1'OF CAPE GIRARDEAU
FOR THE INSTA.LLATION OF HISTORIC STREET LIGHTS ALONG BROADWAY AND
TgiE BROADWAY AP+TD HENDERSON INTERSECTION
WHEREAS, Southeast Missouri State University ("University") desires to install historic
street lighting along Broadway and Henderson as set forth in Exhibit A; and
WHEREAS, the City of Cape Girardeau ("City") agrees to have the University install
historic street lighting along Broadway and at the Broadway and Henderson intersection;and
WHEREAS, the parties recognize that it is to the mutual advantage of both pazties to
arrange for the installation and purchase of seven (7) historic streetlights ("Streetlights') along
Broadway and the Broadway and Henderson intersection.
IT IS THEREFORE AGREED, in consideration of the mutual agreements contained
herein and the expenses to be borne and paid by each party,as follows:
1. By means of this Agreement, the City grants the right and privilege to the
University to install, operate and maintain seven (7) �treetlights along Broadway and at the
Broadway and Henderson intersection. A copy of the Streetlight Layout is attached hereto as
Exhibit A and incorporated by this reference.
2. City authorizes University to take bids for, and upon City's approval of the
successful bid, to contract for the installation of seven (7) light fixtures along Broadway and at
the Broadway Henderson intersection ("Project").
3. T'he University shall take bids, require a payment and performance bond,require
the payment of the prevailing wage, and, in all respects, comply with the requirements of the
applicable Missouri statutes for the construction of public works projects. All construction shall
also meet the requirements of the applicable codes of the City of Cape Girardeau. No bid shall
be accepted, nor shall a contract be let, until after approval of the price and payment
arrangements by the City. The total cost of the Project shall not exceed Thirty Two Thousand
Eight Hundred and Forty Eight dollars (32,848.00).
4. University will pay the cost of the Project. University will make no payment
without City approval.
5. City will reimburse the University for the cost of the Project up to Seventeen
Thousand Eight Hundred Forty-Eight Dollars ($17,848.00). Such payment will be made within
thirty days after completion of the Project.
6. The parties hereby designate the following persons as being the persons
authorized to act for the parties in connection with the administration of this Agreement:
For the University: Mr. Tom Hadler
Facilities Management, MS 7750
Southeast Missouri State University
One University Plaza
Cape Girardeau, MO 63701
For the City: K�PJIe+.I Cii eFri
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f�'-u.�l�c. �L'c,^l�� 1�-�'�t.
Cape Girardeau City Hall
401 Independence Street
Cape Girardeau, MO 63701
7. Both parties agree that the University will be responsible for the operation and
maintenance of the Streetlights after comp�etion of the Project.
8. This Agreement constitutes the whole agreement between the parties and may be
changed or modified only by mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
duplicate this '�� day of ;�(;�z1�u��,,,1 ,2006.
(SEAL) Southeast Missouri State University
One University Plaza
Cape Girardeau, MO 63701
Atte .
� .��-� By .�
. Se tary Kenneth W. Dobbins,President
(SEAL) CITY OF CAPE GIRARDEAU
401 Independence
Cape Girardeau, MO 63703
Attest:
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Secret ,,�:.---�.� D uglas K. Leslie, City Manager
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STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
On this ;;� day of ��-C� , 2006, before me personally appeared Kenneth W.
Dobbins, to me known to be the President of Southeast Missouri State University, a regional
university established under the laws of the State of Missouri, and being by me first duly sworn,
did state that he executed the foregoing contract as the free act and deed of said University, and
that the seal affixed thereto is the seal of said University.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
t e d r fi s a ove w itten.
LINDA HANEBRINK ,
Notary Public-Notary Seal �/�,,
State of Missouri-Counry of Cape Girardeau � `L:%��� - t-�c.�.�✓t t7����oV��c_.�
My Commission Expires Jun.9,2009 Nota2'y Pub1iC
Cc�mmissior#Q5480444
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STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
On this l $'� day of L 2006, before me personally appeared Douglas K.
Leslie, to me known to be the City Manager of the City of Cape Girardeau, Missouri, and being
by me first duly sworn, did state that he executed the foregoing contract as the free act and deed
of said City, and that the seal affixed thereto is the seal of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
otary Public
. 4AD�NA LAUY
Notary Public Nofary �
State of Misaouri
Counry of Scott
My Commiseioa Expires Aug. 4, 2007
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MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF CAPE GIRARDEAU, MO
AND
SOUTHEAST MISSOURI STATE UNIVERSITY
FOR THE INSTALLATION OF FIBER OPTIC CABLE
FROM THE MAIN UNIVERSITY CAMPUS TO THE NEW RIVER CAMPUS
AND CONDUIT
FROM FIRE STATION NO. 1 TO THE PULL BOX AT NEW MADRID STREET AND
SPRIGG STREET
WHEREAS, Southeast Missouri State University (University) is in the process of
constructing the River Campus for the School of Visual and Performing Arts, and
WHEREAS, University requires a high speed communications link (fiber optic cable)
between the main campus at 1 University Plaza and the River Campus at 201 Morgan Oak
Street, and
WHEREAS, the City of Cape Girardeau (City) is in the process of constructing a new fire
station on North Sprigg, and
WHEREAS, the City may require a high speed communications link (fiber optic cable)
between the Fire Station No. 1 at 1 South Sprigg and the new fire station at 1975 North Sprigg
and desires to have empty conduit installed along a portion of the route, and
WHEREAS, a substantial portion of the proposed route will be the same for both the City
and the University, and
WHEREAS, the desired method of installation for both sections will be underground
directional boring to minimize landscape disruption where possible, and
WHEREAS, the parties recognize that all of said work should be coordinated for their
mutual benefit in order to minimize costs,
IT IS THEREFORE AGREED, in consideration of the mutual agreements contained
herein and the expenses to be borne and paid by each party, as follows:
1) By means of this agreement, the City grants to the University the right and
privilege to install and maintain University's fiber optic cable along the route set
forth in the attached Exhibit A, which is incorporated by this reference, all of
which is within dedicated street or alley rights of way.
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2) The City delegates to University the responsibility to bid and construct the fiber
optic cable installations between the listed locations, (the "Project"), for the
University and empty conduit for the City's route.
3) Acting in accordance with the applicable statutes and ordinances, the University
and City have agreed on the proposed route set forth in Exhibit A.
4) The University will bid and purchase the fiber optic cable for the University route.
The fiber cost estimate for the University is $10,000.
5) The University will bid the underground boring installation. The City's cost
estimate to have empty conduit installed is $60,600, and the University's cost
estimate for their work is $123,000. The bid document will specify unit pricing
for the City's portion. The City will reimburse the University for the actual costs
of installing the empty conduit from Fire Station #1 to the pull box at New
Madrid Street and Sprigg Street. The University will pay for the installation of
the fiber between the main campus and the River Campus.
6) No contract shall be let for construction of this project until final plans,
specifications and bid costs are approved by both City and University, pursuant to
Section 10. The City and University each reserve thE right to reject any or all bids
for any reason with respect to their portion of the work.
7) The University shall take bids, require a payrnent and performance bond, require
the payment of the prevailing wage, and, in all respects, comply with the
requirements of the applicable Missouri statutes for the construction of public
works projects. All construction shall also meet the requirements of the
applicable codes of the City of Cape Girardeau.
8) If the City rej ects a bid and the University elects to award such bid, this
agreement grants the University the right to install its portion of the fiber optic
cable along the route set forth in Exhibit A at University's expense.
9) If a contract is let which includes the City's portion of the work, the City will
reimburse University for such costs no later than June 30, 2007.
10) The parties hereby designate the following persons as being the persons
authorized to act for the parties in connection with the administration of this
agreement:
For the University: Mr. Rodger Chisman, Director
Telecommunications
Southeast Missouri State University
One University Plaza
Cape Girardeau, Missouri 63701
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For the City: Mr. Jay Stencel, City Engineer
Cape Girardeau City Hall
401 Independence Street
Cape Girardeau, Missouri 63703
11) The University shall be responsible for locating its fiber optic cable along the
route set forth in Exhibit A.
12) This agreement constitutes the whole agreement between the parties and may be
changed or modified only by mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
duplicate this �� day of ko��,�-,���,-- , 2006.
"UNIVERSITY"
SOUTHEAST MISSOURI STATE UNIVERSITY
One University Plaza
Cape Girardeau, Missouri 63701
By
Kenneth W. Dobbins, President
"CITY"
/` CITY OF CAPE GIRARDEAU
I , , ` 401 Independence
<< . ;� ���; ` -t Cape Girardeau, Missouri 63703
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�'m , ' Dou as K. Leslie, City Manager
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City Clerk
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STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
On this day of , 2006, before me personally appeared
Kenneth W. Dobbins, to me personally known, who being duly sworn did say that he is President
of Southeast Missouri State University; that the seal affixed to this instrument is the corporate
seal of said corporation and that the said instrument was signed and sealed in behalf of said
corporation by authority of its Board of Directors, and the said Kenneth W. Dobbins
acknowledges said instrument to be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal,
at my office in Cape Girardeau, Missouri, the day and year first above written.
�
LINDA HANEBRINK ����. �� �
Notary Public-Notary Seal t�f-'�L� �
State of Missouri-County of Cape Girardeau Notary Public
My Commission Expires Jun.9,2009
Commission#05480444
STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
On this `7� day of hovc�..��r14 , 2006, before me personally appeared
Douglas K. Leslie, to me personally known, who being duly sworn did say that he is City
Manager for the City of Cape Girardeau, a Municipal Corporation of the State of Missouri, and
that the seal affixed to this instrument is the seal of said City and that the said instrument was
signec�,and sealed on behalf of said City by authority of its City Council, and the said Douglas K.
,�'e��i� a�kric�y�rledges said instrument to be the free act and deed of said City.
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. 1N,TESTI�VIONY WHEREOF, I have hereunto set my hand and affixed my official seal,
,��'at�y o�fice,in'.Cape Girardeau, Missouri, the day and year first above written.
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. Page 1 of 1
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Alkadry, Abdul
From: Howe, Lisa [lahowe@SEMO.EDU]
Sent: Monday, November 06, 2006 11:06 AM
To: Alkadry, Abdul
Cc: Chisman, Rodger; Hale, Larry
Subject: Fiber MOA
Abdul,
Attached is the capital project budget approval form which we use to fund our university projects. The line item on
the budget side stating "Install City Conduit to Old Fire Station, $51,150, is the amount that was negotiated after
bids were received, between the university and Eastern MO Industries for the city's portion of the construction.
The other costs are incidental to a university project, and we did add $15,500 for contingency (10%). If we use
less actual contingency, the city will not be billed for that portion of the contingency. The city's prorated cost for
the work is estimated to be 33% of the total project cost.
Call me if you have any questions.
Lisa Howe
Sr. Project Manager
11/6/2006
�
� CAPITAL PROJECT BUDGET APPROVAL FORM
Project Title: Fiberoptic Line to River Campus and Cit Fire Station
Estimated Project Timetable: Fall 2007
PROJECT BUDGET SOURCES OF FUNDS
Estimate Approved Amount Fiscal
Budqet Year
Architecture/
Engineering Fees N/A Telecomm. Dept. $117,250.00 2007
Construction City
Management* N/A Reimbursement $57,750.00 2007
Install Fiberoptic to Fiber being
River Campus $103,850.00 purchased
Install City Conduit to Sepafately by
Old Fire.Sta. $51,150.00 Telecomm. Dept.
Contingency $15,500.00
Total Construction $970,500.00
FF+E N/A
FM Support $3,000.00
Advertising $1,500.00
Total Project Total Sources of
Budget $175,000.00 Funds $175,000.00
Budget Approval Funding Source Approval
Project Manager Dennis Holt
VP of Administration and Enrollment Management
Scott Meyer Kathy Mangels
Director of Facilities Management VP Business and Finance
Account Numbers Established Budget Entered in Banner
(Controller's Office) (Budget Office)
100924
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