HomeMy WebLinkAboutRes.3526.02-06-2023BILL NO. 23-12 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE SUPPLEMENTAL AGREEMENTS WITH BACON
FARMER WORKMAN ENGINEERING & TESTING, INC.,
AND THE MISSOURI DEPARTMENT OF TRANSPORTATION,
FOR PEDESTRIAN IMPROVEMENTS 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
Supplemental Agreements with Bacon Farmer Workman Engineering &
Testing, Inc., and the Missouri Department of Transportation for
Project TAP -1501(020) Kingshighway/Cape Rock Drive Sidewalks, in
the City of Cape Girardeau, Missouri. The Agreements shall be in
substantially the form attached hereto, which documents are hereby
approved by the City Council, and incorporated herein by
reference, with such changes or amendments as shall be approved by
the officers of the City executing the same.
PASSED AND ADOPTED THIS1; DAY OF , 2023.
Stacy KinXer) Mayor
ATTEST:
2 21il
i3ayidL. Conrad, City Clerk
CCO FORM: FS31
Approved: 11/15 (MWH)
Revised: 10/22 (MWH)
Modified:
Cape Girardeau County
City of Cape Girardeau
Project TAP -1501(020)
CFDA Number: 20.205
CFDA Title: Highway Planning and Construction
Award name/number: TAP —1501(020)
Award Year: 2021
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TRANSPORTATION ENHANCEMENTS FUNDS
SUPPLEMENTAL AGREEMENT # 1
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 June 7, 2021, the Commission and the City previously entered into
a Transportation Enhancements Funds Agreement as to public improvements designated
as TAP -1501(020), for the construction of sidewalk, (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(s) 3 of the Original Agreement are removed and
replaced with the following:
(3) REASONABLE PROGRESS POLICY: The project as described in this
agreement will be under construction contract award by October 28, 2023. If the
project is withdrawn for not meeting reasonable progress, the city agrees to repay
the Commission for any progress payments made to the city for the project and
agrees that the Commission may deduct progress payments made to the City from
future payments to the City.
(2) 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 and shall extend and apply to this Supplemental
-1-
Agreement as if fully written in this Supplemental Agreement.
[Remainder of Page Intentionally Left Blank]
-2-
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last
written below.
Executed by the City this
(DATE).
Executed by the Commission this (DATE).
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
Title:
ATTEST:
Secretary to the Commission
Approved as to Form:
Commission Counsel
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CITY OF CAPE GIRARDEAU
By -
Title:
ATTEST:
By
Title:
Approved as to Form:
Title:
Ordinance No.:
DocuSign Envelope ID: ABD7D1213-6013-4578-801 E-2CFEC48E2596
SUPPLEMENTAL AGREEMENT NO.2
TO
ENGINEERING SERVICES CONTRACT
This Supplemental Agreement is made part of an agreement dated September 8, 2021 between
the City of Cape Girardeau and Bacon Farmer Workman Engineering & Testing, Inc. for design
of project TAP -1501(020) and of Supplemental Agreement No. 1 executed September 9, 2022.
The purpose of this Supplemental Agreement No. 2 is to update the delivery Milestone specified
in Supplemental Agreement No. 1 which remains to be accomplished due to delays encountered
during the course of plan development.
The revised Milestone in Supplemental Agreement No. 1 was set to coincide with the date of the
Final PS&E Approval Milestone indicated in the Program Agreement executed June 7, 2021
between MoDOT and the City. Although the PS&E plans were near completion at the time
Supplemental No. 1 was executed, environmental clearances took longer than anticipated
delaying the start of the easement acquisition from St. Andrew Lutheran Church. The church
recently indicated that they will not be able to sign the easements until following their 01/16/23
board meeting. Also, sidewalk grade issues which came to light during the Final PS&E review
delayed plan completion.
The revised Milestone stated below is to replace the date specified in Supplemental Agreement
No. 1 and Article V of the Engineering Services Contract. The change in the Milestone date will
otherwise have no effect whatsoever on the costs or services to be provided under the previous
agreement referenced herein.
Revised dates for remaining Milestone shall be established as follows:
PS&E Approval by MoDOT
Original Supp. #1 Supp. #2
Date Date Date
09/09/22 12/13/22 04/28/23
Fig. 136.4.4 - 1 - Revised 01-01-09
DocuSign Envelope ID: ABD7D1213-6013-4578-801 E-2CFEC48E2596
Supplement Agreement No. 2 accepted as defined herein:
OWNER: City of Cape Girardeau
❑ S'gned by:
c ................
TITLE: city Manager
DATE: 2/22/2023
ATTEST:
BY
TITLE: Deputy city clerk
DATE: 2/27/2023
Executed by the City on the
day of
ENGINEER: Bacon Farmer & Workman
Engineering & °I estin Inc
TITLE: 2Cw�i.�P_ V+Ce esi
DATE:_ 0
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B,.............
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TITLE��� F' Cil
DATE: o, I q g �3
2023.
Fig. 136.4.4 - 2 - Revised 01-01-09