HomeMy WebLinkAboutOrd.766.09-18-1989BILL N0: 89-172
ORDINANCE NO.
-79-
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A SUPPLEMENTAL AGREEMENT WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION,
JOB NO. 10 -U -34-410B, FOR CONSTRUCTION OF THE
WALKER CREEK/WILLIAM STREET BOX CULVERT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
SECTION 1. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to enter into a
Supplemental Agreement with the Missouri Highway and
Transportation Department, Job No. 10 -U -34-410B, for construction
of the Walker .Creek/William Street box culvert. A copy of said
Agreement is attached to this Resolution and made a part hereof.
SECTION 2 - This ordinance shall -be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 1989.
F'rancis E. Rhodes, Mayor
ATTEST:
Evelyn G. LeGraFd, City Clerk'
0
Route 34, Cape Girardeau County
Job No. 10 -U -34-410B
City of Cape Girardeau
Urban Agreement
SUPPLEMENTAL AGREEMENT
This supplemental agreement, is entered into by the Missouri
Highway and Transportation Commission, after this called "commission" and
the City of Cape Girardeau, Missouri, a municipal corporation, after this
called "city".
WITNESSETH:
Commission and city have previously entered into an urban
-- agreement for Route 34(61); Job No. -10--U-34-410 which was executed by city
on February 27, 1989 and by commission on March 3, 1989. Paragraph 12 of
the urban agreement stipulated that geometric revisions and signals at the
Route 34(61) and Route K (William Street) intersection be held for another
contract, at city's request, to allow for coordination of design of the
city's Walker Creek flood control improvements.
Commission proposes to advertise for bids on the project
designated as Route 34(61), Job No. 10 -U -34-410B in the city of Cape
Girardeau for the geometric revisions and signals at its intersection with
Route K (William Street).
City desires to have constructed as part of this project and at
their expense, a bridge design box culvert to span a proposed 50' clear
channel on Walker Creek at Route 34 (William Street) Station 347+51.41.
Commission is willing to cooperate with city under the terms
and conditions set.out herein.
In consideration of the mutual covenants and promises contained
herein to be faithfully kept and performed by the parties hereto and each
of them, it is agreed as follows:
{ 1. The commission shall, at commission's cost and expense,
assume responsibility for performance of the following functions of work
relating to design and construction of the box culvert.
A. Administrative and engineering services for
design plans, securing bids, and construction
inspection.
B. Secure the necessary permits required.
C. Traffic control.
2. City shall be responsible for the following costs related
to the box culvert construction.
A. Provide the required right of way and permanent
easement shown on the design plans for
construction and maintenance of the box culvert.
Right of way will be by general warranty deed in
commission's name.
B. All contract costs for construction of the box
culvert and all items of work relative to its
construction.
3. Prior to commission's soliciting bids for awarding a
contract for this project, city'shall deposit with the commission a check
or an irrevocable letter of credit equal to the commission's estimate of -
$514,632.00, payable to "Missouri Highway and Transportation Department,
Road Fund."
4. The city agrees that all funds deposited by the city under
this agreement with the commission may be commingled by the commission with
other similar monies deposited from other sources. Any deposits may be
invested at the discretion of the commission in such investments allowed
for other state funds. All interest income shall be payable to the fund
and credited to the city on its pro rata share of the investment. If the
amount deposited with the commission shall be less than the actual
obligation of the city in this project, city, upon written notification by
commission, shall tender the necessary monies to the commission. Any
interest credited to the city may also be applied by the commission to the
city's obligation. Upon completion of the project, any excess funds or
interest credited to the city shall be refunded to the city.
5. ThisPagreement is made and entered into subject to the
approval of the Federal Highway Administration.
IN WITNESS WHEREOF, the parties have entered into this
agreement on the last date written below.
Executed by city the day of , 19
Executed by commission the day of ,19
MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION
By
Title
CITY OF
CAPE GIRARDEAU, MISSOURI
By
Title
Attest: Attest:
Secretary
Approved as to form:
I
Counsel
By
Approved as to form:
Title