HomeMy WebLinkAboutRES.808.03-15-1993 BILL NO. 93-57 RESOLUTION NO. �'���
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A UTILITY AGREEMENT WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
FOR IMPROVEMENTS AT THE INTERCHANGE OF ROUTE
I-55 AND RELOCATED ROUTE 74
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
Utility Agreement with the Missouri Highway and Transportation
Commission for improvements at the interchange of Route I-55 and
Relocated Route 74 , Job No. JOI0456. A copy of said Agreement is
attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS /.`, ��' DAY OF /�,j�;<,/�`r, , 19 '��% .
rancis E. Rhodes, Mayor
ATTEST:
1�.'� ,-, t''�+�
'�' .'�e��!1 6' s f'�" ��
Gayl�L. Conrad, Deputy City Clerk
Job No. J0I0456
Route I-55
County Cape Girardeau
UTILITY AGREEMENT
This agreement entered into by and between the CITY OF
CAPE GIRARDEAU, (hereinafter called "City") , and the STATE
OF MISSOURI, acting by and through the MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION, (hereinafter called
"Commission") ,
WITNESSETH, THAT:
WHEREAS, Commission proposes to construct and improve a
section of state highway designated as Job No. JOI0456,
Route I-55, Cape Girardeau County, at the proposed
interchange of Route I-55 and Relocated Route 74 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
City-owned utility 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" , attached hereto
and made a part hereof.
NOW THEREFORE, in consideration of the mutual covenants
contained herein, it is agreed as follows:
(1) The City agrees to provide easements to
Commission specifically conveying certain rights to
construct, reconstruct, and maintain a state highway over
and across easements held by the City in U. S.P. S. 174 and
175, Township 30 North, Range 13 East, as shown on Exhibit
��An �
(2) Commission hereby agrees to include, as part of
its contract for said public improvement contemplated above,
and at no cost to City, all labor, equipment, and materials
necessary to adjust City owned sanitary sewer line
facilities in accordance with plans and specifications to be
prepared by Commission. The specifications will require the
contractor to perform the adjustment work expediently.
Commission will advertise the public improvement in
accordance with its normal practice for awarding contracts
for highway construction. Commission will determine the
lowest responsible bidder for the entire public improvement
and award the contract on trat basis only.
(3) All material furnished for the sanitary sewer line
adjustment will be subject to approval by the City, working
through the Commission's resident engineer.
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(4) The Commission's resident engineer will supervise
and inspect all sanitary sewer line adjustment and reserves
the right to make adjustments in the field to the proposed
grade, alignment and materials for said installation because
these items are estimated and therefore conditions may
necessitate certain changes. All major changes which may
add or delete work will be handled by the Commission's
resident engineer, with the approval of the City.
(5) The Commission hereby agrees to acquire and
transfer to the City all necessary easements where sanitary
sewer lines are relocated outside of highway rights of way
as shown on Exhibit "A" . The easements shall allow for the
construction, maintenance, repair and expansion of sanitary
sewers and their appurtenances.
(6) This agreement is entered into subject to
approval of the Federal Highway Administration and the
availability of State and Federal funds for the construction
of the highway project.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed.
City executed same on the day of
, 19
Commission executed same on the day of
, 19
CITY OF CAPE GIRARDEAU THE STATE OF MISSOURI
ACTING BY AND THROUGH THE
MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION
BY BY
NAME NAME
TITLE TITLE
ATTEST: ATTEST:
City Clerk Secretary to Missouri
Highway and
Transportation Commission
APPROVED AS TO FORM:
City Seal BY
Assistant Counsel
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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 off icial 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 and sealed
in behal£ of and by authority of said Commission and said
_. acknowledges 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, in my office in Cole County, the
day and year first above written.
Notary Public
My Commission Expires
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Freeman McCuilah
MISSOURI HIGHWAY AND DisUict Engineer
TRANSPORTATION DEPARTMENT
SOUTHEAST DISTRICT: 201 North Main, P.O. Box 160, Sikestu:a, MO 63801 (314)472-5333 Fax (314)472-5342
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January 5, 1993
Mr. Ronald Fischer
City Manager
City of Cape Girardeau n
City Hall
Cape Girardeau, Missouri 63702
Dear Mr. Fischer:
Attached are three copies of the executed urban agreement
for (Reloc. ) Route 74 . Two copies are for your files and
the other to facilitate compliance with Section 432 . 080 RSMo
1986.
Thank you for your cooperation in obtaining this agreement.
Sincerely,
���e�7L��-�%�l �G���L
Freeman McCullah
District Engineer
fm/lr/kc
de, Rt. I-55, J010456 , Rt. 74 , JOU0412 and JOU0321
Cape Girardeau County.
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, �:
Route I-55 & 74 , Cape Girardeau County
Job No�s. JOI0456, JOU0412 and JOU0321
City of Cape Girardeau
�Jrban Agreement
CONTRACT
This Agreement is entered into by the Missouri Highway
and Transportation Commission, after this called "commission, "
and the City of Cape Girardeau Missouri, a municipal corporation,
after this called "city." "
WITNESSETH:
In consideration of the mutual covenants in this
agreement to be faithfully kept and perfornaed by each party, it
is agreed as follows:
(1) IMPROVEMENT DESIGNATION: The public improvement
designated as Routes I-55 and 74, Cape Girardeau County, Job
No's. JOI0456, JOU0412 and JOU0321 shall consist of acquisition
of right of way, gradinq, surfacing (high type pavement, 64 feet
wide) , utility adjustments, drainage facilities, traffic signals,
bridges, maintenance and other incidental work. In addition, the
city street connections consisting of Siemiers Drive, Mt. Auburn
Road and Lorimier Street as shown on the plans will be
constructed by the commission if the connecting city street is in
place or if a right of way plan for the connecting city street
has been adopted by the City Council. If the city street is not
in place by the completion of the street connection the
connection will be barricaded and covered with earth material
within the commission's right of way until the connecting city
street is in place.
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(2) �MPROVEMENT WITHIN CITY: The improvement within
city is located as follows:
JOB NO. JOI0456:
Beginning at Station 22+12 .04 a point on Relocated
Route 74 at the west city limits, approximately 188 feet west of
Route I-55 center of inedian and 1737 feet south of Bloomfield
Road, run in a generally "northeasterly direction along Relocated
Route 74 857.96 feet to Station 30+70, a point where the
centerline intersects approximately 670 feet northeast of Route
I-55 center of inedian. Length of improvement within city limits
is 0. 16 miles.
JOB NO. JOU0412 :
Beginning at Station 30+70, a point on Relocated Route
74 approximately 670 feet northeast of Route I-55 center of
median, run in a thence generally easterly direction 13 , U43 . 51
feet along Relocated Route 74 to Station 161+00, a point where
the centerline intersects 132 feet west of the existing
intersection of College and Sprigg Street. Length of improvement
within city is 2.47 miles._
JOB NO. JOU0321:
Beginning a Station 161+00, a point on Relocated Route
74 approximately 132 feet west of the existing intersection of
College and Sprigg Street, run in a generally easterly direction
2, 683 feet along Relacated Route 74 to Station 187+83 , a point
where the centerline crosses the east city limits approximately
820 feet south of Morgan Oak. Length of improvement within city
is 0. 51 miles.
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(3) EXTENT OF AGREEMENT: This agreement shall apply
only to the portion �f the improvement lying within the city
limits as they exist on the date this contract is executed by
city.
�4� I,pCp,TION: The general location of the public
improvement is shown on an attached sketch marked "Exhibit A" and
made a part of this agreement. The detailed location of the
improvement is shown on the plans prepared by commission for the
above-designated route and project.
(5) pURPOSE: It is the intent of this agreement that
commission shall provide without cost to city, except as
otherwise provided in this agreement, a highway for traffic in
city and commission shall so design and construct the highway to
serve operating necessities and requirements of local and through
traf f ic.
(6) RIGHT OF WAY USE: City grants the right to use the
right of way of public roads, streets, and alleys as necessary
for construction and maintenance of said public improvement.
(7) CLOSE AND VACATE STREETS:
(A) City shall duly close and vacate all city
streets or roads, or parts thereof, which may be necessary to
permit the construction of the project in accordance with the
detailed plans. Whenever the commission deems it necessary to
close any street or road permanently or temporarily during
construction, city shall be advised in time to make provisions
for the diversion and rerouting of traff ic.
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(B) The commission deems it necessary to close
several city stxeets permanently due to the construction of
Relocated Route 74 in accordance with the detail plans. These
city streets consists of Commercial Street, Hickory Street,
Minnesota Ave. north of Reloc. Route 74, Beaudean Lane, Benton
Street south of Reloc. Route 74 , Ranney Avenue, Willow Street,
Middle Street south of Reloc. Route 74 and several north/south
alleys.
(8) RIGHT OF WAY ACOUISITION:
(A) Upon approval of all agreements, plans and
specif ications by commission and the Federal Highway
Administration, commission will file copies of the plans with the
city clerk of city and the county clerk of the county and proceed
to acquire at its expense, at no cost or expense to city, any
necessary r.ight of way required for the construction of the
improvement. ,
(B) The portion of state highvay. covered by this
agreement sha11 be a Limited access highway and rights of access
between the highway and abutting property shall be procured and
the cost classified as right of way cost and paid for by
commission in the same manner as other right of way costs. Only
such rights of ingress and egress shall be allowed as indicated
on the plans approved by the commission and the Federal Highway
Administration.
(C) Upon completion of construction of Job No's
JOU0412 and JOU0321, commission shall quitclaim the portion of
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land indicated by "R/W for city" noted on Exhibits B along ,
Silv�r Springs Road, Minnesota Avenue, West End Blvd. and Sprigg
Street in addition to the city street connections between
Frederick, Middle, Asher, Pacific and Ellis Streets to the city.
City shall assume ownership and maintenance of this portion
quitclaimed.
(9) UTILITY RELOCATION: �
(A) Commission and city shall cooperate to secure
the temporary or permanent removal, relocation, or adjustment of
public utilities or private lines, poles, wires, conduits, and
pipes located on the riqht of way of existing public ways as
necessary for construction of the improvement and the cost
thereof shall be borne by such public utilities or the owners of
the facilities except where city is by existing franchise or
agreement obligated to pay all or a portion of such cost, in
which case the city will pay its obligated portion of the cost.
(B) Commission shall secure the removal,
relocation, or adjustment of any public or private utilities
located upon private easements and shall pay any costs incurred
therein.
(C) In cases of public utilities owned by city
which must be moved, adjusted, or altered to accommodate
construction of this improvement, and such city-owned utilities,
poles, wires, conduits, and pipes are located within the present
city limits and located on an existing city street, not state
highway right of way, but being taken over by the commission as a
part of its highway right of way, city will perform the necessary
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removal, adjustment, alterations and relocation, and commission
will reimburse c�ty except as hereinafter provided. City shall
perform the removal, adjustment, alterations and relocation in
accordance with the detail plans, estimates of costs and bills of
materials prepared by city in accordance with Federal-Aid Policy
Guide, 23 CFR 645 A (FAPG 23 CFR 645 A) , dated December 9, 1991
and any revision of it, •• and approved by coYnmission's district
engineer, and shall perform all work and keep the records of the
costs in accordance with FAPG 23 CFR 645 A and its revisions.
Upon the completion of any such work and on receipt by commission
of the original and four copies of a bill for the actual costs
incurred by city in making any such removal, adjustment,
alteration and relocation, commission shall reimburse city for
the actual cost necessitated by construction of this public
improvement. Commission's obligation toward the cost of any such
removal, adjustment, alteration and relocation shall extend only
to those costs incurred in accordance with FAPG 23 CFR 645 A and
its revisions.
"(D) Should_ it be necessary to alter, relocate or
adjust any city-owned utility facilities outside the present city
limits on public right of way or on state highway right of way
within or outside the city limits or within the right of way of a
public way other than a city street or alley, the alteration,
relocation, or adjustment shall be made by the city at its cost.
(E) City agrees that any installation, removal,
relocation, maintenance, or repair of public or private utilities
involving work within highway right of way included in this
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project shall be done only in accordance with the general rules
and regulations of the commission and after a permit for the
particular work has been obtained from the commission's district
engineer or his authorized representative. Similarly, city will
allow no work on the hiqhway right of way involving excavation or
alteration in any manner of the highway as constructed, including
but not limited to driveway connections, except in accordance
with the rules and requlations of commission and only after a
permit for the specific work has been obtained from the
commission�s district engineer or his authorized representative.
City shall enact ordinances necessary to assure compliance with
this paragraph.
(10) LIGHTING Commission will, at its cost and
expense, install, operate, and maintain basic highway
intersection or interchange lighting at warranted locations on
the improvement. The construction, installation, and maintenance
of any other or further lighting system on the public improvement
covered by this agreement shall be only in accordance with the
commission's policy on highway lighting in effect, and to the
extent deemed warranted by commission, at the time of any such
installation. No lighting system shall be installed or
maintained by city on the improvement without approval of
commission.
(11) TRAFFIC CONTROL DEVICES: The installation,
operation and maintenance of all traffic signals, pavement
markings, signs, and devices on the improvement, including those
between the highway and intersecting streets shall be under the
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exclusive jurisdiction and at the cost of commission. City shall
�;;ot install, operate, or maintain any traffic signals, signs or
other traffic control devices on the highway or on streets and
highways at any point where they intersect this highway without
approval of commission.
�12� DgA�E; Commission will construct drainage
facilities alonq the improvement and may� use any existing storm
and surface water drainage facilities now in existence in the
area. City shall be responsible for receiving and disposing of
storm and surface water discharged from those drainage facilities
which commission constructs within the limits of highway right of
way to the extent of the city's authority and control of the
storm sewer facilities or natural drainage involved.
(13) PERMITS: Commission shall secure any necessary
approvals or permits from the Interstate Commerce Commission or
the Public Service Commission of Missouri required to permit the
construction and maintenance of the highway.
(14) COMMENCEMENT OF WORK: After acquisition of the
necessary right of way, commission shall construct the highway in
accordance with final detailed plans approved by the Federal
Highway Administration (or as they may be changed from time to
time by commission with the approval of the Federal Highway
Administration) at such time as federal and state funds are
allocated to the public improvement in an amount sufficient to
pay for the Federal and State Government's proportionate share of
construction and right of way costs. The obligation of the
commission toward the actual construction of the public
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improvement shall be dependent upon the completion of plans in
time to obligate federal funds for such construction, upon
approval of the plans by the Federal Highway Administration, upon
the award by the commission of the contract for the construction,
and upon the approval of the award by the Federal Highway
Administration.
(15) M_AINTENANCE: Except as provided in this
agreement, upon completion of the public improvement, the
commission will maintain all portions of the improvement within
the commission owned right of way. Maintenance by commission
shall not in any case include maintenance or repair of sidewalks
whether new or used in place, water supply lines, sanitary or
storm sewers (except those storm sewers constructed by commission
to drain the highway) , city-owned utilities within the right of
way or the removal of snow other than the machine or chemical
removal from the traveled portion of the highway. When it is
necessary to revise or adjust city streets, the right of way
acquired for these adjustments and connections will be deeded to
the city as sfated in paragraph 8C above.
(16) POLICE POWERS: It is the intent of the parties to
this agreement that city shall retain its police powers with
respect to the regulation of traffic upon the improvement
contemplated. However, city will enact, keep in force, and
enforce only such ordinances relating to traffic movement and
parking restrictions as may be approved by commission and as are
not in conflict with any regulations for federal aid. Commission
shall not arbitrarily withhold approval of reasonable traffic
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regulations, signs, and markings which will permit the movement
of traffic in accordance with accepted traffic regulation
practices.
(17) PARKING ORDINANCES: Since the improvement is
being designed and constructed to accommodate a maximum amount of
traff ic with a minimum amount of right of way, city shall enact
and enforce such ordinances as are necessary to prevent parking
upon the highway or any part of the area of the highway right of
way within the limits of the improvement.
(18) OUTDOOR ADVERTISING: No billboards or other
advertisinq signs or devices or vending or sale of inerchandise
will be permitted within the right of way limits of the project
and city will enact such ordinances as are necessary to enforce
this paragraph.
(19) SIDEWALKS: The city shall inspect and maintain
the sidewalks to be constructed as part of this project in a
condition reasonably safe to the public and indemnify and hold
the Commission harmless from any claims arising from construction
and maintenance of said sidewalks.
(20) WITHHOLDING OF FUNDS: In the event that city
fails, neglects, or refuses to enact, keep in force or enforce
ordinances specified or enacts ordinances contrary to the
provisions in this agreement, or in any other manner fails,
neglects or refuses to perform any of the obligations assumed by
it under this agreement, commission may, after serving written
request upon city for compliance and city's failure to comply,
withhold the expenditure of further funds for maintenance,
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improvement, construction, or reconstruction of the state highway
system in the city.
(21) FEDERAL HIGHWAY ADMINISTRATION: This agreement is
entered into subject to approval by the Federal Highway
Administration, and is further subject to the availability of
federal and state funds for this construction.
(22) AMENDMENTS: Any change in the contract, whether
by modification and/or supplementation, must be accomplished by a
formal contract amendment signed and approved on or between the
duly authorized representatives of the city and commission.
(23) COMMISSION REPRESENTATIVES: The commission's
chief engineer is designated as commission's representative for
the purpose of administering the provisions of this contract.
(24) ASSIGNMENT: The city shall not assign or delegate
any interest in the contract and shall not transfer any interest
in the contract, (whether by assignment, delegation or novation)
without the prior written consent of the commission.
(25) 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.
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IN WITNESS WHEREOF, the parties have entered into this
agreement on the last date written below.
Executed by city the �� day of �v�,:�bo;� , 19 �..
Executed by commission the �?3�'°r day of � , 19 ,`�� .
MISSOURI HICIHWAY AND
TRAN PO A ON COMMISSION CITY OF CA GIRARDEAU �
By BY
Title ' Assistant C.hi�f Fng�n�er Ti e CITY MANAGER
Attest: Attest:
�u��1�.�� BY �d�v�
Secretary
Title
Ap oved a to rm: Approved as to form:
� �
Counsel ` �
' Title
� ��
SEAL . SEAL
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