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HomeMy WebLinkAboutOrd.1102.11-04-1991 BILL NO. 91-228 ORDINANCE NO. IIO � AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT AID AGREEMENT BETWEEN THE STATE HIGHWAY AND TRANSPORTATION COMMISSION OF MISSOURI AND THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l . That the City of Cape Girardeau, Missouri, shall accept and execute the airport aid agreement with the State Highway and Transportation Commission of Missouri, for the purpose of sealing joints in runways 10/28 and 2/10 and a portion of the airport apron for the Cape Girardeau Municipal Airport. ARTICLE 2 . That the City of Cape Girardeau, Missouri, does hereby ratify and adopt all statements, representations, conditions, and covenants contained in the airport aid agreement. ARTICLE 3 . That the City Manager of Cape Girardeau, Missouri, is hereby authorized and directed to execute said airport aid agreement in quadruplicate on behalf of the City of Cape Girardeau, Missouri, and the City Clerk is hereby authorized and directed to impress thereon the official seal of the City of Cape Girardeau, Missouri, and to attest said execution. ARTICLE 4 . That said airport aid agreement provides for the granting of financial assistance in the sum of Eighteen Thousand Dollars ($18 , 000. 00) in state matching funds to assist with a project described as follows: Seal joints in runways 10/28 and 2/20 and portion of apron. ARTICLE 5 . This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS ���� DAY OF 19�. t__� �/ ' � � - �/ � rancis E. Rhocles, Mayor ATTEST: Julie Dale, Deputy City Clerk AV IAT I ON 3 7 � 3 proj ect No. �R 913-77A LBP 1/89 MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION AIRPORT AID FOR MAINTENANCE AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highway and Transportation Commission (hereinafter, commission) and City of Cape Girardeau (hereinafter, sponsor) . WITNESSETH: WHEREAS, sponsor has applied to commission for a grant of funds under section 305. 236 RSMo; and WHEREAS , the commission has agreed to award funds available under section 305 . 236 RSMo to sponsor with the understanding that such funds will be used for a project pursuant to this agreement for the purposes generally specified in sponsor' s airport maintenance grant application dated November 25. 1988 , and specifically described as follows: Seal �oints in nmways 10/28 and 2/20 and portion of apron , NOW, THEREFORE, in consideration of these mutual covenants, promises, and representations, the parties agree as follows: (1) PURPOSE: The purpose of this agreement is to provide financial assistance to sponsor under section 305 . 236 RSMo. (2) AMOUNT OF GRANT: The amount of this grant is $ 13,000 ; provided, however, that in the event state funds available to commission under section 305 . 236 RSMo are reduced so that commission is incapable of completely satisfying its 1 obligations to all sponsors for the current state fiscal year, commission may recompute the amount of this grant in order to provide all sponsors with a pro rata share of state funds avail able to the commission under section 305 . 236 RSMo. (3) AMOUNT OF MATCHING FUNDS: The amount of local matching funds, and/or other resources, to be furnished by sponsor is $ Sponsor warrants to the commission that it has sufficient cash on deposit, or other readily available resources, to provide the local matching funds to complete the project. (4) PROJECT TIME PERIOD: The project period shall be from date of execution by commission to Jtme 30, 1992 For good cause shown by sponsor, the chief engineer may, in writing, extend the project time period. Grant funds not expended or duly obligated during the project period shall be refunded by sponsor to the commission. (5) DISPUTES: Any disputes of facts which might develop as a result of this agreement shall be decided by the commission. (6) INDEMNIFICATION: The sponsor shall be responsible for any and all injury or damages as a result of any services and/or goods rendered under the terms and conditions of the agreement. In addition to the liability imposed upon the sponsor on the account of personal injury, bodily injury (including death) or property damage suffered as a result of the sponsor' s performance under the agreement, the sponsor assumes the obligation to save the commission, including its agents, employees and assigns, harmless and to indemnify the commission, 2 including its agents, employees and assigns from every expense, liability or payment arising out of such negligent act. The sponsor also agrees to hold the commission, including its agents, employees and assigns, harmless from any negligent act or omission committed by any subcontractor or any other person employed by or under the supervision of the sponsor for the terms of the agreement. (7) LAW OF MISSOURI TO GOVERN: Agreement shall be construed according to the laws of the state of Missouri. The sponsor shall comply with all �local, state and federal laws and regulations relating to the performance of the agreement. (8) MINORITY ENTERPRISE: The sponsor shall notify prospective bidders that minority business enterprises will be afforded full and affirmative opportunity to submit bids in response to the invitation and will not be discriminated against on grounds of race, color, sex, or national origin in consideration for an award. (9) STATE NONDISCRIMINATION CLAUSE: The sponsor shall comply with the provisions of Executive Order No. 87-6 . This order prohibits discriminatory employment practices by sponsor or their subcontractors based on race, color, religion, creed, national origin, ancestry, sex or veteran or handicap status. (10) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written notice to sponsor, the commission reserves the right to suspend or terminate all or part of the grant when sponsor is, or has been, in violation of the terms of this agreement. Any lack of progress which significantly endangers substantial performance of the project within the specified time shall be deemed a violation of the terms of this agreement. The determination of 3 lack of progress shall be solely within the discretion of the commission. Once such determination is made, the commission shall so notify sponsor in writing. Termination of any part of the grant will not invalidate obligations properly incurred by the sponsor prior to the date of termination. The amount retained by sponsor in excess of the amount necessary to satisfy said obligations shall be immediately remitted to the commission upon notice of termination. The acceptance of any remittance by the commission of funds previously provided to sponsor shall not constitute a waiver of any cla�im which the commission may otherwise have arising out of the agreement. (11) NOTIFTCATION OF CHANGE: Sponsor shall immediately notify the commission of any change in conditions or law which may significantly affect its ability to perform the project in accordance with the provisions of this agreement. (12) REVIEW AND COMMENT OF PLANS , SPECIFICATIONS , AND ESTIMATES : The sponsor shall submit all plans , specifications, and estimates to commission for review. (13) REVIEW OF BIDS AND CONTRACT AWARD: The commissicn shall review all bids and approve the selection of the apparent successful bidder prior to the sponsor awarding the contract. (14) PROJECT INSPECTION AND CHANGE ORDERS : Sponsor shall provide and maintain competent and adequate engineering supervision and inspection at the project site to insure that the completed work conforms with the project plans and specifications. Sponsor shall submit to the commission, for prior approval , changes that alter the costs of the project, functional layout, or other characteristics of the plans and specifications. 4 (15) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the project, the sponsor shall be responsible for the installation of any signs, markers, or other devices required for the safety of the public. All markers or devices required on the airport will conform to any Federal Aviation Administration (FAA) regulations or specifications that may apply. It is also a responsibility of the sponsor to issue, through the applicable FAA Flight Service Station, any and all Notices to Airman (NOTAM' s) that may be required. (16) PAYMENT: At any time subsequent to the effective date of this agreement the sponsor may submit vouchers for progress payments to commission' s chief engineer. The vouchers will reflect only those project costs incurred prior to the voucher date. (17) MAINTENANCE OF RECORDS: The sponsor must maintain all records and documents relating to this agreement, including but not limited to invoices, payrolls, etc. These records and documents must be available free of charge, at all reasonable times, to the commission and/or its designees during the agreement period and any extension thereof, and for three (3) years from the date of final payment. (18) FINANCIAL SUMMARY: Upon request ot the commission, sponsor will furnish to the commission a financial summary of the total funds expended. The summary must show the source of funds and the specific items for which they were expended. (19) AMENDMENTS : Any change in the agreement, whether by modification and/or supplementation, must be accomplished by a 5 formal agreement amendment signed and approved on or between the duly authorized representatives of the sponsor and commission. (20) ASSIGNMENT: The sponsor shall not assign or delegate any interest in the agreement and shall not transfer any interest in the agreement, (whether by assignment, delegation or novation) without the prior written consent of the commission. (21) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by or against the sponsor, whether voluntarily, or upon the appointment of a receiver, trustee, or assignee, for the benefit of creditors, the commission reserves the right and sole discretion to either cancel the agreement or affirm the agreement and hold the sponsor responsible for damages. (22) COMMISSION'S REPRESENTATIVE: The commission' s chief engineer is designated as the commission' s representative for the purpose of administering the provisions of this agreement. 6 IN WITNESS WHEREOF, the parties have entered into this agreement on the last date written below. Executed by sponsor this day of , 19 Executed by commission this day of , 19 MISSOURI HIGHWAY AND Ci of Ca� e Girardeau TRANSPORTATION COMMISSION SPONSOR �' � By By Title Title Attest Attest and Seal : By Secretary Title Approved as to Form Approved as to Form: By Counsel Title Ordinance/Resolution Number 7