HomeMy WebLinkAboutOrd.5623.03-06-2023 BILL NO. 23-25 ORDINANCE NO. 5 0, '-3
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A SUPPLEMENTAL AGREEMENT WITH THE
MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE
KINGSHIGHWAY AND CAPE ROCK DRIVE SIDEWALKS
PROJECT, 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 is hereby authorized and directed
to execute, on behalf of the City, a Supplemental Agreement with
the Missouri Department of Transportation for Project TAP -
1501 (020) Kingshighway/Cape Rock Drive Sidewalks, in the City of
Cape Girardeau, Missouri. The City Clerk is hereby authorized and
directed to attest to said document and to affix the seal of the
City thereto. Said Agreement shall be in substantially the form
attached hereto, which document is hereby approved by the City
Council, with such changes or amendments as shall be approved by
the officer of the City executing the same.
ARTICLE 2 . This Ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS /j DAY OF Vj iiinC'// , 2023 .
Stacy Kiner, payor
ATTEST:
:'puce Tali-or Deputy City Clerk �4. A,
DocuSign Envelope ID: 74235DDF-7ADC-41E3-A365-612474746445
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
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DocuSign Envelope ID: 74235DDF-7ADC-41 E3 -A365-612474746445
Agreement as if fully written in this Supplemental Agreement.
[Remainder of Page Intentionally Left Blank]
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DocuSign Envelope ID: 74235DDF-7ADC-41 E3 -A365-612474746445
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last
written below.
Executed by the City this 2023-03-30 I 8:57 AM CDT (DATE)
Executed by the Commission this 2023-03-30 111:48 AM CDT (DATE).
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU
Lf
uSigned by: -I -C f. SCL y6t &r
Title: Assistant Chief Engineer
ATTEST:
DocuSigned by:
Secretary to the Commission
Approved as to Form:
DocuSigned by:
{'%�cogccn. �. Zdcr�rra-nrcww�ir:,i.
Commission Counsel
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DocuSigned by:
By
or, �,�n�n.t {�, R#&ivu
Title: City Manager
ATTEST:
DocuSigned by:
By 4e
Title: Deputy City Clerk
Approved as to Form:
DocuSigned by:
oseesrRsrss...
Title: City Attorney
Ordinance No.: