HomeMy WebLinkAboutRES.892.01-19-1994 t
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BILL NO. 94-12 RESOLUTION NO. '� �^,;� .t
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A UTILITY AGREEMENT WITH THE MISSOURI
HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE
RELOCATED HIGHWAY 74 PROJECT
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 a Utility
Agreement - Actual Cost with the Missouri Highway and
Transportation Department to construct and improve a section of
state highway designated as Job No. JOU0412B, Route 74 , Cape
Girardeau County. A copy of said Agreement is attached to this
Resolution and made a part hereof.
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PASSED AND ADOPTED THIS ���� DAY OF ,r�;;is'� , 19 i�;!
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� rancis E. Rhodes, Mayor
ATTEST:
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!�1�,�I��!: 'j ��./."�.:.{G/
Gay1e�'L. Conrad
Deputy City Clerk
,
, .
Route 74
County Cape Girardeau
Job No. JOU0412B
UTILITY AGREEMENT - ACTUAL COST
This agreement entered into by and between the City of Cape
Girardeau, hereinafter City, and the Missouri Highway and
Transportation Commission, hereinafter Commission.
WITNESSETH:
WHEREAS, Commission proposes to construct and improve a section
of state highway designated as Job No. JOU0412B, Route 74 , Cape
Girardeau County, located 0. 3 mile east of Route 61 (Kingshighway) in
the City of Cape Girardeau at Cape LaCroix Creek in accordance with
certain road plans on file in the office of the County Clerk of Cape
Girardeau County, Missouri, and
WHEREAS, in order to improve said highway in accordance with said
plans, it will be necessary to adjust certain facilities now located
entirely on private easement of the City in order to maintain the
present services of said City, such changes being generally shown in
legend on plan marked Exhibit "A" , and estimate of cost marked Exhibit
"B" attached hereto and each made a part hereof.
NOW, THEREFORE, in consideration of these mutual covenants, the
parties agree as follows:
(1) RELEASE: City grants to Commission such right, title and
interest which City may have in and to the right of way of said
highway, as specifically described in a separate easement for highway
construction.
(2) COMPLY WITH FEDERAL AID POLICY GUIDE (FAPG) : City agrees
that the detail plan and estimate of cost for the required adjustment
of City's facilities have been prepared in accordance with FAPG 23 CFR
645A and any amendments which by reference are made a part of this
agreement. City also agrees that the work will be performed in
accordance with said regulation.
(3) COMMENCEMENT AND COMPLETION OF WORK: After approval of the
detail plan and estimate of cost and upon notification by Commission,
City will commence, without unnecessary delay, to make changes to its
facilities. City will actively pursue completion of the work to reach
the earliest possible completion date and to minimize interference
with Commission's roadway contractor. City agrees to provide a
written estimated time schedule of its planned work and a written
notification to Commission's district engineer at least five (5) days
prior to beginning the work. If City falls behind in its work
schedule, it shall submit a revised work schedule to Commission's
resident engineer. City will make every effort to get back on
schedule and complete its work. City has an affirmative duty to
cooperate and coordinate its activities with those of Commissions'
roadway contractor.
(4) AUDIT OF RECORDS: City shall develop the adjustment cost of
the work by using the actual and related indirect cost accumulated in
accordance with an established accounting procedure used by City in
its regular operations and shall keep a detailed and accurate account
of all labor, materials, supplies, incidentals, and other necessary
costs involved in making such changes. Commission's resident engineer
in charge of said project, or any authorized agent of the Commission
or the Federal Highway Administration, shall have access during normal
business hours to such City records. These records must be available
during the contract period and any extension, and for three (3) years
from the date of final payment at no charge.
(5) SUBCONTRACT: City is not now adequately staffed or equipped
to perform all of this work and now intends contracting portions and
will comply with FAPG 23 CFR 645A relating to performing part or all
of the work by contract. Furthermore, if City solicits bids for the
work, City is to furnish Commission a tabulation of bids received, a
copy of the proposal used in securing the bids, and any other
information to support the City's recommendation for award to the
lowest qualified bidder prior to any contract work being performed.
(6) CHANGE ORDER: If any substantial change is made in the
original plan and extent of the work, City agrees that reimbursement
shall be limited to costs covered by a supplemental agreement or
change order having approval of the Commission and Federal Highway
Administration PRIOR to the performance of the work, as set out in
FAPG 23 CFR 645A.
(7) BACKFILL: City agrees to compact backfill of all excavation
within the roadway limits in accordance with the Missouri Standard
Specifications for Highway Construction, current edition, or as
approved by the Commission's resident engineer.
(8) CONDITION OF RIGHT OF WAY: Upon completion of the work
provided in this, City shall remove all leftover materials and debris
resulting from the work and leave the right-of-way in a neat,
workmanlike condition, free of holes, mounds of dirt, or other
objectionable material.
(9) SAFETY DEVICES: At all times when work is being performed
by City under such conditions as will affect traffic on the public
highways, City will display warning signs, barricades, flags, lights
and/or flares as circumstances may require and shall employ and use a
flagger when required for safety of the traveling public, all in
accordance with the standards set forth in the "Manual on Uniform
Traffic Control Devices" (MUTCD) .
(10) COST: The total cost of the work on the 21 inch and 30
inch sanitary sewer facilities as required for the highway
construction is estimated to be $ 18 , 884 . 90. Commission's obligation
toward the cost of the work on the 21 inch and 30 inch sanitary sewer
facilities under this contract shall be 100. 00 per cent of the actual
cost, which obligation is now estimated to be $ 18, 884 . 90 . The total
cost of the work for installing a new 36 inch sanitary sewer facility
shall be borne by the City. Commission's obligation shall extend only
to those costs incurred under the provisions of FAPG 23 CFR 645A.
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Upon completion of the work in accordance with said plan and estimate
of cost, the Commission will promptly reimburse City for Commission's
obligation when seven copies of a detailed statement of costs are
submitted to Commission. Commission will afterwards conduct an audit
of City's statement and supporting records. If the audit reveals that
City has been overpaid, City will immediately refund to Commission
such overpayment.
(11) INDEMNIFICATION: The City 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 contract. In addition
to the liability imposed upon the City on the account of personal
injury, bodily injury (including death) or property damage suffered as
a result of the City's performance under the contract, the City
assumes the obligation to save the Commission, including its agents,
employees and assigns, harmless and to indemnify the Commission,
including its agents, employees and assigns from every expense,
liability or payment arising out of such negligent act. The City also
agrees to hold the Commission, including its agents, employees and
assigns, harmless from any negligent act or omission committed by any
contractor other than the person employed by or under the supervision
of the City for the terms of the contract.
(12) COMMISSION REPRESENTATIVE: The Commission's chief engineer
is designated as Commission's representative for the purpose of
administering the provisions of this contract.
(13) LAW OF MISSOURI TO GOVERN: Contract shall be construed
according to the laws of the state of Missouri. The City shall comply
with all local, state and federal laws and regulations relating to the
performance of the contract.
(14) PROGRESS PAYMENTS: Upon City's request, Commission will
make progress payments to City for Commission's share of the cost of
the work performed. Commission will honor this request when
Commission's obligation exceeds $5, 000 or in special conditions. If
the Commission's obligation exceeds $25, 000, progress payments will
not be made more often than every two weeks. If the Commission's
obligation is less than $25, 000, progress payments will not be made
more often than monthly. A detailed statement of costs is not needed
with progress payment invoices.
(15) VENUE: It is agreed by the parties that any action at law,
suit in equity, or other judicial proceeding to enforce or construe
this Agreement, or respecting its alleged breach, shall be instituted
only in the Circuit Court of Cole County, Missouri.
(16) FINAL INVOICE SUBMITTAL: After completion of the utility
work, City agrees to submit a final invoice for the cost of the work
to Commission within 60 days or as mutually agreed. The final invoice
shall be in as much detail as possible to verify the cost of the
completed work. It should follow the format of the original cost
estimate (Exhibit B) when possible to promote faster processing by
Commission.
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(17) ASSIGNMENT: The City shall not assign or delegate any
interest in the contract and shall not transfer any interest in the
contract without the prior written consent of the Commission.
(18) COOPERATION: When City relocation work is being done
concurrent with Commission's roadway contractor operation, City agrees
to cooperate and coordinate its work to minimize disturbance to the
roadway contractor or other utility companies working on the project.
(19) HIGHWAY IMPROVEMENT INFORMATION: Commission agrees to
furnish City all necessary information on the highway improvement in
order to properly carry out the utility relocation. Known hazardous
waste sites will be identified on the right of way.
(20) REIMBURSEMENT: Payment will be made for allowable costs as
they are incurred (not as they are paid) after a utility agreement is
executed. If for some reason the utility is not authorized to proceed
with the adjustment, preliminary engineering costs will be allowed as
incurred. Materials purchased specifically for the utility project
are eligible for payment once stored at a secure site and verified by
the Commission's resident engineer.
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IN WITNESS WHEREOF, the parties have entered into this agreement
on the last date written below.
Executed by City this day of , 19
Executed by Commission day of , 19
MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU
By By
Title Print Name
Title
Attest: Attest:
By
Secretary
Title
Approved as to Form: Approved as to Form:
Counsel
Title
(City seal, if available)
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ACKNOWLEDGEMENT BY CITY
STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
On this day of , 19 ,
before me personally appeared ,
to me known, who, being by me duly sworn, did say that he is
the of the City of
Cape Girardeau and the seal affixed to the foregoing
instrument is the official seal of said City, and that said
� instrument was signed and sealed in behalf of and by
authority of said City and said
acknowledges said
instrument to be the free act and deed of said City.
In Testimony Whereof, I have hereunto set my hand and
affixed my official seal, in my office in Cape Girardeau
County, the day and year first above written.
Notary Public
My Commission Expires
ACKNOWLEDGEMENT BY COMMISSION
STATE OF MISSOURI )
) SS.
COUNTY OF COLE )
On this day of , 19 , before me
personally appeared to me known, who,
being by me duly sworn, did say that he is the
of the Missouri Highway and
Transportation Commission and the seal affixed to the foregoing
instrument is the official seal of said Commission and that said
instrument was signed in behalf of said Commission by authority of the
Missouri Highway and Transportation Commission and said
acknowledged said instrument to be the free
act and deed of said Commission.
In Testimony Whereof, I have hereunto set my hand and affixed my
official seal, at my office in Cole County, the day and year first
above written.
Notary Public
My commission expires
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RELOCATED HIGHWAY 74, CA.PE LA CROIX BRIDGE SEGMENT
The 21 inch West Side Interceptor sewer line is made of vitrified
clay pipe . It was constructed in 1936 and is approximately 7 feet
below the existing grade at the location of concern.
The proposed highway construction will add approximately 7 feet of
fill material over the 21 inch pipe and thus increase the load upon
the pipe .
The maximum crushing strength of the 21” vcp is : 2, 400 #/L .F.
The total load including additional fill is : 2, 962 #/L.F .
In order to increase the load carrying capacity of the existing 21
inch pipe, partial concrete encasement should be done . This would
increase the load carrying capacity by a factor of 3 . 2 giving a
value of 7, 200 #/L.F. and a factor of safety of 2 . 4 .
It should be noted that the crushing strength is based on ASTM C700
71T which was issued in 1971 and is therefore an optimistic value
, for the actual strength of the 21 inch line .
COST ESTIMATE
ITEM QUANTITY UNIT ` COST TOTAL
Excavation & backfill 350 CY 6 . 67 2334 .50
Remove manhole 1 Each 250 . 00 250 . 00
Add 21 inch VCP at old .
manhole location 10 L.F . 55 . 00 550 . 00
� Manhole . 1 Each 1500 . 00 1500 . 00
Add partial concrete
,bedding around 21" VCP 27 CY 53 . 00 1431 , 00
TOTAL 6065 .50
. . EX�r�a�r 8
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RELOCATED HIGHWAY 74, CAPE LA CROIX BRIDGE SEGMENT
The 30 inch Trunk Sewer line is made of vitrified clay pipe . It
was constructed in 1971 and is approximately 13 feet below the
existing grade at the location of concern .
The proposed highway construction will add approximately 7 feet
of fill material over the 30 inch pipe and thus increase the load
upon the pipe .
The maximum crushing strength of the 30" vcp is : 3, 300 #/L.F .
The total load including additional fill is : 5, 087 #/L.F .
In order to increase the load carrying capacity of the existing 30
inch pipe, partial concrete encasement should be done . This would
increase the load carrying capacity by a factor of 3 .2 giving a
valae of 10, 560 �/L.F . and a factor of safety of 2 . 1 .
It should be noted that the crushing strength is based on ASTM C700
71T which was issued in 1971 .
COST ESTIMATE
ITEM QUANTITY UNIT COST TOTAL
Excavation & backfill 1220 CY 6 . 67 8137 . 40
Remove manhole 1 Each 250 . 00 250 . 00
Add 30 inch VCP at old
manhole location 10 L.F . 60 . 00 600 . 00
Manhole 1 Each 1500 . 00 1500 . 00
Add partial concrete
bedding around 30" vCP 44 CY 53 . 00 2332 . 00
TOTAL 12819 .40
TOTAL FOR BOTH PIPES 18884 . 90