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Home My WebLink AboutRES.800.02-17-1993 BILL NO. 93-32 RESOLUTION NO. '�,� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE U. S. DEPARTMENT OF THE ARMY FOR BRIDGE CONSTRUCTION ON WALKER BRANCH I 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 enter into a Memorandum of Agreement with the U. S. Department of the Army for bridge construction on Walker Branch I . A copy of said Memorandum of Agreement No. 2 is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS r��`' DAY OF , 19 �-� . -, ��'�`'`��'��3"i'•t�_'� �� ' /�'i.F'�,�� 'rancis E. Rhodes, Mayor ATTEST: �� ,1 � .� �� -� s - � � �`U� Gay1�L. Conrad Deputy City Clerk MEI�2URANDUI�1 OF AGREEMENT NO. 2 BETWEEN THE GITY OF CAPE GIRARDEAU MISSOURI AND THE U. S . ARMY ENGINEER DISTRICT, ST. LOUIS THIS I�SEMORANDUM OF AGREEMENT entered into this th day of 19�between the DEPARTMENT OF THE ARMY (hereinafter referred o as "the Government" ) acting by and through the Assistant Secretary oz the Army (Civil Works) , and the City of _ Cape Girardeau, Missouri (hereinafter referred to as "the Local . Sponsor" } acting by and through the City Manager executing this agreement. WITNESSETH THAT: WriEREAS , on the 25tn day of Iday 1yyU , a Local C000eration Agreenent (h.ereinafter referred to as "the LCA") was executed between the DEpartment of the Army, repres2nted by I�lr. Robert W. Page, Assistant Secretary of the Army (Civil Works} , and the City of Cape C=irardeau, I�issouri , represented by I�lr. J. Ronald rischer, City rianager; and, W�iLREAS , construction of the Cape C=irardeau-Jackson Metropolitan Area, Missouri flood control project at Cape Girardeau, I�Iissouri , as defined in Article I . a . of the LCA, was authorized by Section 401 . (a} o� the Water R2sources Development Act of 1yt�6 , Public Law 99-662; and, WHEREAS , the LCA covers construction responsibilities and specifies the cost-sharing requirements of the structural flood control and associated recreation features of the authorized project for the Cape Girardeau-Jackson Metropoiitan Area, Mo. Project (hereinafter referred to as "the Project") ; and, W'r.'EREAS , Article II .d. of the_ LCA stipulates that the Local Sponsor sha11 provide a11 lands , easements , rignts-of-way, and excavated material disposal areas and perform a11 relocations determined by the Government to b2 necessary for construction � of the Project; and, RECEIV�D DiVlSION OF PLANNING S�VICES DATE � - �� - `� gy�, WHER�AS , t�e Local Sponsor has c2rtified tnat it cannot effectively perforrn six bridge relocations and other miscellaneous street repairs associated with the Walker Branch #1 portion of the project . These six bridge relocations are located at the intersections of Walker Branch and Good Hope Street, Merriwether Street (Town Plaza/Private Drive) , Independence Street, Themis Street, "Arby' s" Restaurant Street and Bessie Street . The existing Town Plaza/Private Drive bridge Will_be _demolished at it ' s present Iocation and a new bridge wi11 be constructed at the intersection of Merriwether Street and Waiker Branch approximately 217 fee� south of the existing Town Plaza/Private Drive bridge . The other misceZlaneous street repairs are at various locations on the east side of Walker Branch along the Town Plaza frontage street. These items shail hereinafter be referred to as "the bridge relocations and miscellaneous street repairs . " The local sponsor has further requzst2d that the Government provide construction services for the bridge relocations and rnisce�laneous street re�airs ; and, WH�RLAS , th2 Local Sponsor nas prepared design drawings and specifications for the bridge relocations and miscellaneous street repairs . Thes2 docurnents have been incorporated into Plans and Speci�ications for Walker Branch - Phase I Cnannel . . Inprovenents , Gov2rn::tent Solicitation No . DACWa3-�3-B-OUXX, (Y:ereinafter referred to as "�lans and Specifications" ) ; and, Wii�RLAS , the Government warrants that it has a well qualified, equi�ped and ex�erienced organization, which is in a position to furnish the services as hereinafter described; and, NOW, TriEREFORE, in consideration of t�e conditions and mutual covenants herein contained, the Local Sponsor and the Government herein agree as follows : 2 . SERVICES 1 . 1 The Governr„ent shall contract for the bridge relocations and miscellaneous street repairs as shown in the Plans and Specifications . 2 . 0 COMPLIANC� WITH LAW ' 2 . 1 This I�emorandum of Agreement shall be qoverned by the laws of the United Stat2s of America uniess otherwise expressed herzin. 3 . U SC:��DUL� OF YERr c�R?�IANCL 3 . 1 The schedule for comnlet�on of this work shall be as set forth in the P1ans and Specifications . Delays or suspensions of services performed for the Local . Sponsor shali be the sole responsibility of tne Govern�2nt anc�. shail be managed in accordance with the Plans and Specifications . 3 . 2 Upon completion of tasks and duties to be performed pursuant hereto, the Government shall notify the Local Sponsor in writing of the date of such completion, and request confirmation by the Local Sponsor. Upon receipt of such notice, the Local Sponsor shall , within fifteen (15) calendar days , confirm to the Government in writing that such tasks were satisfactorily completed on the date indicated in said notice UR provide the Government�ait�a written statement listing any portions of tasks not satisfactorily cor.lAi�ted. Any task included in the Government ' s written statem2nt to the Local Sponsor and not listed by the Local Sponsor as unsatisfactorily completed in the listing delivered to the Government within fifteen (15) calendar days of receipt of such notice, shall be deemed satisfactory, completed and accepted by the Local Sponso•r. Upon the Local Sponsor ' s acceptance of the task as completed, the Gove�-nment ' s responsibility therefore, shall terminate. 4 .0 COIfPEI�TSATION 4 .1 The. Local Sponsor shail , in accordance with Federal regulations , furnish advance payment to an appropria:te 2scrow account for the anticipated costs incurred by the Government. This advance payment to �erform the bridge relocations and m.iscellaneous ' street repairs shall include the following: (a} the total costs for the bridge relocations and miscel.laneous st-reet repairs as shown in the Plans and Specif�cations estimate;- (b) an additionai contingency ar:lount ecuai to i0% (U . 1U) of t'r.e total costs for the bridae relocations and r�iscellaneous street repairs , item (a) above , (c) tne prorata amount of total I�iobilization and Demobilization cost shown in the P1ans and Specifications estimate as represented by the percentage that the construction cost for the bridge relocations and r.^.isc211aneous street repairs , item (a) abovz , is of the total Plans and Specifications estimated cost of all construc�ion caork to be �erformed on Walker Branch - Phase I Channel Improvements , excZuding total rIobilization and Demobilization costs , (d) an estimated amount for Supervision and Inspection (Construction I•ianagement) ec�ual to 10% (0 . 10) of the total cost of the bridge relocations and miscellaneous street repairs as shown in the Plans and Specifications estimate, item (a) above and (e) an additional contingency amount equal to 10� (0 . 10) of the total costs for Construction bianagement, item� (d) above . The above contingency amounts , which are to provide funds for unexpected contract modifications and/or claims ��hich arize during construction, will be maintained in the escrow account until needed. .� 4 .2 The GovArr�nent shall notify the Loca� Sponsor in � wrfting of the amaunt of advance payment in accordar�ce with the a:ocve requirements . Within thirty (30) calendar days aFter receipt of such notir_e, the Local Sponsor shal'_ provide said advance � paymen� to an appropria�z escrow account established for this purpose. 4. 3 After alI bids have bee:� opened for the prospective cor�s`ructzor. contzact for Walker Branch - Phase I Channnel Improvements, the Local Spcnsor shall be � contacted to evaluate the total o� the bids fQr the bridge relocations ar�d miscellaneous street repairs, equivalent to the amo�sr.t re aid under ara ranh t- item (a} above. If it is deternuned tha� this otal is more than 10�k over the amount prepaid under paragraph 4 . 1 - item (a} above, the local sgonsor , � . shall have the preragative to request that the Goverruneat, in accordanCe with federal Acquisition ReguYaticns, Cance� the invitation. In the event of z bid �ratest, the Gove�r:mer:t will defend the protest in accordanc� ;vitY�. its normal procedures and retain alI r_grts ta settle or oth�rk►ise disr�ose of thP � rc,test . If award o t :is cantracc is made, the advan�2 payments d�scribed above s�all be adjusted usin� ac�uai contr�ct b�.@ a.�;ounts ratiher th�n the Plans and Speci�ication� esti�te. If said ad�ustment i;�dicat�s that the Loca1. Sponsor has ove:-paid �he an�icipated cost. of construction, zr.obilization and dAmobilizatior_ or cer_s�ruction mar_agem�nt , t:�e ar.tount of such overpaymnent sha11 be immed�.atzlj reimi�ursed to the �ocal Gponsor. Ir said adjustmer_t indicates that tne Local Sponsor has underpaid t�e an�icipated cast of construction, mobilizacion and demobilization or cons�ruction m�zageme�t, the underpay�ent amount shall be provided to the Government within thirtlr (30) days of natice of the amount of underpayment. 4:4 After co�r.pletion of the construction contract for Walker Branch - Phas� I Channel Improve�ents, the adjusted payments described above shall be f inalized � using actual construction costs . If said finalized cos� indicates that the Laca1 Sponsor has overpaid the actual cos` of constraction, the amo�snt of such.: overpayment shali be immediately reimbursed to the .� Local Sponsor. If said finalized cost indicates tha� the Local Sponsor has underpaid the actual cost of cor_struction, the amaunt of such undarpayment shall . be prov�ded ta tne GovArn.mer_t within thirty (3 0} days af notice of underpayment . 4. 5 Upon completion of the contract in which the services cavered under this Memorandum of Agreement were provi�ed, the Governmenc sha�l provide the Loca2 Sponsor witr a final. accounting of actual costs. T�]TAL P.03 � 4. 6 The Local Sponsor shall have the right to conduct an audit, when appropriate, of the Government ' s records for the Project to ascertain the allowability, reasonableness and allocation of the Government ' s costs under this ldemorandum of Agreement. 5.0 CFiANCES 5 . 1 This I�Iemorandu�n of Agreer,;ent may be modified at any ti:��e by writtsn agree:nea� bet;aeez the parties . 5 . 2 Any chance in the scope of Governnent services or a�ternatives or modifications of a task to be performed bv �he Gove�r�:ent and tne adjust�,.ent os the cost of saic service snali be ex�ress�y aut:orizec - ana approvec by the Local Sponsor in writing �rior to � start of the work. 6 . U Or=:CIAi�S I�GT TU 3�\�r.IT 6 . Z ho ne�^ber o� or d�'_2Cdt2 to Congr2ss , o-r resident co::i:c_ssior.er, sha=i he ad�itted to any sha:z or �art of this bie:�orandu:: of Agreement, or to any benefit tnat :nay arise th�refrom, but this nrovision shall not be construed to extend to this contract if made with a cor�oration for its generai benefit . 7 . 0 COVr,NANT AGAINST COVTINGENT FEES 7. 1 T�±e Locai Sponsor warrants that no person or seZling : agency has been er;,ployed or retained to solicit or secur2 these s2rvices upon an agr2em2nt or understanding for a commission, percentage, � brokerage, or contingent fee, excepting bona fide empZoyees or bona fide extablished coinmercial or selling agencies r�aintained by the Local Sponsor for the purpose of securiag business . For breach or violation of this warran�y, the Government shall have the right to annul this Memorandum of Agreement without liability and recover the fuli ar..ount of such commissior., percent�ge, brokerage or contingent fee . $ . 0 DISPuT�S � . 1 azy dis�ute wh=ch ariszs between the construction contracto= anc the Governr,.znt co::c2rning services nesc:ribcc. '�ere_n, sha_1 be :.tanaqed by the Governr^ent using the standard procedures followed for settlement of disputes on construction contracts . The Local Sponsor ' s views and recommendations shall be considered to the greatest extent possible in the settlement of a dispute, however the final authority for settlement of a dispute shall be vested with the Government . After settlement of such a dispute, the decision snall be reduced to writing and a copy mailed or otherwise furnished to the Local Sponsor. If, within 30 days from the date of receip�of such copy, the Local Sponsor mails or other*aise furnishes to the Government a written appeal addressed to the Government , the decision of the Government shall be reviewed with consideration given to argu2ments and information provided by the Local Sponsor. At such . ti�e a final decision will be rendered. Before any party to this agreement may bring suit in any court conc2rn=ng an issue relating to this Agreenient, such party must seek in good faith to r2solv2 the issue through nogotation or other forms oz nonbinding aiternative dispute resolution mutually acceptable to tze parties . 9. 0 ACCOUDl^t iti"G SYSTEriS 9 . '_ T�.e Governme�t shall maintain an accounting system which accounts for costs in accordance with generally accepted accounting principles . The Government must account for costs in a manner consistent with normal accoLnting procedures . lU . 0 AUTnORIZED REPRESENTATIVE AND NO-TICES 10 . i A�1 notices or payments required to be provided to either party nerein sha1l be directed U. S . Mail, postag2 prepaid to : Locai Sponsor : City blar_ager City of Cape Girardaau 4U1 Independence Street P .O. B�x 6�7 Cape Girardeau, blissou-ri 637UZ-U6Z7 Govern:;,ent : Commander U. S . Army Engineer District, St. Louis 2222 � Spruce Street St . Louis , Missouri 63101-2833 10 . 2 A party may change tne address to which such communications ar2 to be directed by giving written notice to the other party in the manner provided below. iU . 3 Any notice , reatzest, demand or other conmunication made pursuante to. this rlenorandum of Agre�ment shall be deemed to have been received by the addressee at such time as it is personally delivered or seven (7) calandar days after it is mailed, as the case may be . Ii� W_Tn�SS Wn�R�UF, the parties hereto have executed t�is riemorandum of Agreement as of the day and year first above written. __ --- T'r�E liI�ITED STATr,S Or AI�Ir,ic�CA BY: Contracting Officer CITY Or CAFE GIRARDEAU BY: J. RONALD FISCEiER City Manager ATTLST: � (Seal}