HomeMy WebLinkAboutOrd.4607.08-04-2014BILL NO. 14-113
ORDINANCE NO.)4(()(Dj
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ER -EMERGENCY RELIEF PROGRAM
AGREEMENT WITH THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION, FOR
TRANSPORTATION RELATED PROJECTS
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, an ER -Emergency
Relief Program Agreement between the City of Cape Girardeau and
the MissouriHighways and Transportation Commission, for
transportation related expenses, and the City Clerk is hereby
authorized and directed to attest to said document and to affix
the seal of the City thereto. The Agreement shall be in
substantially the form attached hereto as Exhibit A, which
document is hereby approved by the City Council, with such
changes therein as shall be approved by the officers of the City
executing the same.
Article 2. This Ordinance shall be
_ts passage and ap oval.
ATTEST:
in full force and effect
APPROVED THIS day of 2014.
Harry L Rediger, Mayor
l I L
Gayle . Conrad, City Clerk
CCO Form: FS11
Approved: 07/96 (KMH)
Revised: 06/12 (MWH)
Modified: 06/14 (MWH)
CFDA Number:
CFDA #20.205
CFDA Title:
Highway Planning and Construction
Award name/number:
ER -1518(005)
Award Year:
2014
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
ER -EMERGENCY RELIEF PROGRAM AGREEMENT
THIS ER -EMERGENCY RELIEF AGREEMENT is entered into by the Missouri
Highways and Transportation Commission (hereinafter, "Commission") and the City of
Cape Girardeau, Cape Girardeau County, Missouri (hereinafter, "City").
WITNESSETH:
WHEREAS, 23 U.S.C. §133 authorizes an Emergency Relief (ER) to fund
transportation related projects; and
WHEREAS, the City desires to construct certain improvements, more specifically
described below, using such STP funding; and
WHEREAS, those improvements are to be designed and constructed in
compliance with the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE: The purpose of this Agreement is to grant the use of ER
funds to the. City. The improvement contemplated by this Agreement and designated as
Project ER -1518(005) involves:
A study, design, and construction for the restoration and mitigation of damage,
due to sinkholes in the area, to the bridge and roadway directly adjacent to the bridge
located on South Sprigg SL in Cape Girardeau at Cape LaCroix Creek.
The City shall be responsible for all aspects of the construction of the improvement.
(2) LOCATION: The contemplated improvement designated as Project ER -
1518(005) by the Commission is within the city limits of Cape Girardeau, Missouri. The
general location of the improvement is shown on an attachment hereto marked "Exhibit
A" and incorporated herein by reference. More specific descriptions are as follows:
South Sprigg St. in Cape Girardeau at Cape LaCroix Creek
(3) REASONABLE PROGRESS POLICY: The project as described in this
agreement is subject to the reasonable progress policy set forth by the Southeast
Metropolitan Planning Organization. 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.
(4) LIMITS OF SYSTEM: The limits of the surface transportation system for
the City shall correspond to its geographical area as encompassed by the urban
boundaries of the City as fixed cooperatively by the parties subject to approval by the
Federal Highway Administration (FHWA).
(5) ROUTES TO BE INCLUDED: The City shall select the high traffic volume
arterial and collector routes to be included in the surface transportation system, to be
concurred with by the Commission, subject to approval by the FHWA. It is understood
by the parties that surface transportation system projects will be limited to the said
surface transportation system, but that streets and arterial routes may be added to the
surface transportation system, including transfers from other federal aid systems. Refer
to Exhibit "A" for the location of said project.
(6) INVENTORY AND INSPECTION: The City shall:
(A) Furnish annually, upon request from the Commission or FHWA,
information concerning conditions on streets included in the STP system under local
jurisdiction indicating miles of system by pavement width, surface type, number of lanes
and traffic volume category.
(B) Inspect and provide inventories of all bridges on that portion of the
federal -aid highway systems under the jurisdiction of the City in accordance with the
Federal Special Bridge Program, as set forth in 23 U.S.C. §144, and applicable
amendments or regulations promulgated thereunder.
(7) CITY TO MAINTAIN: Upon completion of construction of this
improvement, the City shall accept control and maintenance of the improved street and
shall thereafter keep, control, and maintain the same as, and for all purposes, a part of
the City street system at its own cost and expense and at no cost and expense
whatsoever to the Commission. Any traffic signals installed on highways maintained by
the Commission will be turned over to the Commission upon completion of the project
for maintenance. All obligations of the Commission under this Agreement shall cease
upon completion of the improvement.
(8) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the City shall defend,
indemnify and hold harmless the Commission, including its members and the Missouri
Department of Transportation (MoDOT or Department) employees, from any claim or
liability whether based on a claim for damages to real or personal property or to a
person for any matter relating to or arising out of the City's wrongful or negligent
performance of its obligations under this Agreement.
(B) The City will require any contractor procured by the City to work
under this Agreement:
1. To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right-of-way); and
2. To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and MoDOT and its employees, as additional
named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri
public entities as calculated by the Missouri Department of Insurance, Financial
Institutions and Professional Registration, and published annually in the Missouri
Register pursuant to Section 537.610, RSMo. The City shall cause insurer to increase
the insurance amounts in accordance with those published annually in the Missouri
Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to
each parry's applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(9) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction
under the ER for the City will be constructed in accordance with current MoDOT design
criteria/specifications for urban construction unless separate standards for the surface
transportation system have been established by the City and the Commission subject to
the approval of the FHWA.
(10) FEDERAL -AID PROVISIONS: Because responsibility for the performance
of all functions or work contemplated as part of this project is assumed by the City, and
the City may elect to construct part of the improvement contemplated by this Agreement
with its own forces, a copy of Section 11 and Section Ill, as contained in the United
States Department of Transportation Form Federal Highway Administration (FHWA)
1273 "Required Contract Provisions, Federal-Aid Construction Contracts," is attached
and made a part of this Agreement as Exhibit B. Wherever the term "the contractor" or
words of similar import appear in these sections, the term "the City" is to be substituted.
The City agrees to abide by and carry out the condition and obligations of 'the
contractor" as stated in Section if, Equal Opportunity, and Section 111, Nonsegregated
Facilities, as set out in Form FHWA 1273.
(11) ACQUISITION OF RIGHT OF WAY: With respect to the
acquisition of right of way necessary for the completion of the project, City shall acquire
any additional necessary right of way required for the project and in doing so agrees
that it will comply with all applicable federal laws, rules and regulations, including 42
U.S.C. 4601-4655, the Uniform Relocation Assistance and Real Property Acquisition
Act, as amended and any regulations promulgated in connection with the Act.
(12) REIMBURSEMENT: The cost of the contemplated improvements will be
borne by the United States Government and by the (City/County/Grantee) as follows:
(A) All federal funds for project activities are dependent upon FHWA
approval and allocation of ER funds for the project. Therefore, documentation of eligible
costs incurred by City shall be held by the City until the ER funds are available. Any
costs incurred by City prior to authorization from FHWA and notification to proceed from
the Commission are not reimbursable costs. The federal share for this project will be
80 percent not to exceed the federal funds available for this project. The calculated
federal share for seeking federal reimbursement of participating costs for the herein
improvements will be determined by dividing the total federal funds applied to the
project by the total participating costs. Any costs for the herein improvements which
exceed any federal reimbursement or are not eligible for federal reimbursement shall be
the sole responsibility of City. The Commission shall not be responsible for any costs
associated with the herein improvement unless specifically identified in this Agreement
or subsequent written amendments.
(B) The total reimbursement otherwise payable to the City under this
Agreement is subject to reduction, offset, levy, judgment, collection or withholding, if
there is a reduction in the available federal funding, or to satisfy other obligations of the
City to the Commission, the State of Missouri, the United States, or another entity acting
pursuant to a lawful court order, which City obligations or liability are created by law,
judicial action, or by pledge, contract or other enforceable instrument. Any costs
incurred by the City prior to authorization from FHWA and notification to proceed from
the Commission are not reimbursable costs.
(13) PERMITS: The City shall secure any necessary approvals or permits from
the Federal Government and the State of Missouri as required to permit the construction
and maintenance of the contemplated improvements.
(14) TRAFFIC CONTROL: The plans shall provide for handling traffic with
signs, signal and marking in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD).
(15) WORK ON STATE RIGHT OF WAY: If any contemplated improvements
for Project ER -1518(005) will involve work on the state's right of way, the City will
provide reproducible final plans to the Commission relating to such work.
(16) DISADVANTAGED BUSINESS ENTERPRISES (DBEs): At time of
processing the required project agreements with the FHWA, the Commission will advise
the City of any required goals for participation by DBEs to be included in the City's
proposal for the work to be performed. The City shall submit for Commission approval a
DBE goal or plan. The City shall comply with the plan or goal that is approved by the
Commission and all requirements of 49 C.F.R. Part 26, as amended.
(17) NOTICE TO BIDDERS: The City shall notify the prospective bidders that
disadvantaged business enterprises shall be afforded full and affirmative opportunity to
submit bids in response to the invitation and will not be discriminated against on
grounds of race, color, sex, or national origin in consideration for an award.
(18) PROGRESS PAYMENTS: The City may request progress
payments once ER funds are available and can be made for the herein improvements
as work progresses but not more than once every two weeks. Progress payments must
be submitted monthly. The City shall repay any progress payments which involve
ineligible costs.
(19) OUTDOOR ADVERTISING: The City further agrees that the right of way
provided for any ER improvement will be held and maintained inviolate for public
highway or street purposes, and will enact and enforce any ordinances or regulations
necessary to prohibit the presence of billboards or other advertising signs or devices
and the vending or sale of merchandise on such right of way, and will remove or cause
to be removed from such right of way any sign, private installation of any nature, or any
privately owned object or thing which may interfere with the free flow of traffic or impair
the full use and safety of the highway or street.
(20) FINAL AUDIT: The Commission will perform a final audit of project costs.
The United States Government shall reimburse the City, through the Commission, any
monies due. The City shall refund any overpayments as determined by the final audit.
(21) OMB AUDIT: If the City expend(s) five hundred thousand dollars
($500,000) or more in a year in federal financial assistance it is required to have an
independent annual audit conducted in accordance with OMB Circular A-133. A copy of
the audit report shall be submitted to MoDOT within the earlier of thirty (30) days after
receipt of the auditor's report(s), or nine (9) months after the end of the audit period.
Subject to the requirements of OMB Circular A-133, if the City expend(s) less than five
hundred thousand dollars ($500,000) a year, the City may be exempt from auditing
requirements for that year but records must be available for review or audit by
applicable state and federal authorities.
(22) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
OF 2006: The City shall comply with all reporting requirements of the Federal Funding
Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is
subject to the award terms within 2 C.F.R. Part 170.
(23) 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 regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(24) LAW OF MISSOURI TO GOVERN: This Agreement 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 this Agreement.
(25) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved by the duly authorized representatives of the City and the Commission.
(26) COMMISSION REPRESENTATIVE: The Commission's Southeast District
Engineer is designated as the Commission's representative for the purpose of
administering the provisions of this Agreement. The Commission's representative may
designate by written notice other persons having the authority to act on behalf of the
Commission in furtherance of the performance of this Agreement.
(27) NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be in writing and shall be deemed given three (3) days after
delivery by United States mail, regular mail postage prepaid, or upon receipt by
personal or facsimile delivery, addressed as follows:
(A) To the City:
Mayor — Harry Rediger
City of Cape Girardeau
401 Independence Street
Cape Girardeau, 63701
Facsimile No.: 573-335-7946
(B) To the Commission:
Mark Shelton — Southeast District Engineer
Missouri Department of Transportation
2675 North Main Street
P.O. Box 160
Sikeston, MO 63801
r
Facsimile No.: 573-472-5351
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile delivery shall be followed by delivery of the original document, or
a clear and legible copy thereof, within three (3) business days of the date of facsimile
transmission of that document.
(28) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the City agrees as follows:
(A) Civil Rights Statutes: The City shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et
seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S.C.
§12101, et seq.). In addition, if the City is providing services or operating programs on
behalf of the Department or the Commission, it shall comply with all applicable
provisions of Title II of the "Americans with Disabilities Act".
(B) Administrative Rules: The City shall comply with
the administrative rules of the United States Department of Transportation relative to
nondiscrimination in federally -assisted programs of the United States Department of
Transportation (49 C.F.R. Part 21) which are herein incorporated by reference and
made part of this Agreement.
(C) Nondiscrimination: The City shall not discriminate on grounds of
the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The City shall not participate either directly or
indirectly in the discrimination prohibited by 49 C.F.R. §21.5, including employment
practices.
(D) Solicitations for Subcontracts. Including Procurements of Material
and Equipment These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the City. These apply to all solicitations either by
competitive bidding or negotiation made by the City for work to be performed under a
subcontract including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the City of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, creed,
sex, disability or national origin, age or ancestry of any individual.
(E) Information and Reports: The City shall provide all information and
reports required by this Agreement, or orders and instructions issued pursuant thereto,
and will permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the Commission or the United States Department
of Transportation to be necessary to ascertain compliance with other contracts, orders
and instructions. Where any information required of the City is in the exclusive
possession of another who fails or refuses to furnish this information, the City shall so
certify to the Commission or the United States Department of Transportation as
appropriate and shall set forth what efforts it has made to obtain the information.
(F) Sanctions for Noncompliance: In the event the City fails to comply
with the nondiscrimination provisions of this Agreement, the Commission shall impose
such contract sanctions as it or the United States Department of Transportation may
determine to be appropriate, including but not limited to:
Withholding of payments under this Agreement until the City
complies; and/or
Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The City shall include the provisions of
paragraph (28) of this Agreement in every subcontract, including procurements of
materials and leases of equipment, unless exempted by the statutes, executive order,
administrative rules or instructions issued by the Commission or the United States
Department of Transportation. The City will take such action with respect to any
subcontract or procurement as the Commission or the United States Department of
Transportation may direct as a means of enforcing such provisions, including sanctions
for noncompliance; provided that in the event the City becomes involved or is
threatened with litigation with a subcontractor or supplier as a result of such direction,
the City may request the United States to. enter into such litigation to protect the
interests of the United States.
(29) ACCESS TO RECORDS: The City and its contractors must maintain all
records relating to this Agreement, including but not limited to invoices, payrolls, etc.
These records must be available at no charge to the FHWA and the Commission and/or
their designees or representatives during the period of this Agreement and any
extension, and for a period of three (3) years after the date on which the City receives
reimbursement of their final invoice from the Commission.
[Remainder of page left blank intentionally]
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the City this 5gday of1204.
Executed by the Commission thiscZday of 20�.
MISSOURI HIGHWAYS AANND�
TRANSPORTATION�IE� VK"SSION
Title Assistant Chief Engineer
ATTE T.'
ecretary to the Commission
A17FCT-
2
Title
Ipproved as to Form:
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Ordinance No:gw-7
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S. Sprigg St Bridge 2
EXHIBIT "A"
■ . :
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
IL Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contact Work Hours and Safety Standards Ad
Provisions
A. Subletting or Assigning the Contract
VII. Safety; Accident Prevention
VIII. False Statements Conceming Highvray Projects
IX implementation of Clears Air Act and Federal Water
Pollution Control Act
X Compliance with Govemmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian local Acoess
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically irtcorperated in each
construction contract funded under Tice 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this farm in each
subcontract and further require Its inclusion in an lower ter
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
oder- rental agreement or agreement for other serA ces. The
prime contractor shall be responsible for compliance by any
subcontractor, Lower -ties subcontractor or service provider.
Form FHWA-1273 must be Included in all Federal -aid design -
build contracts, in all subcontracts and to lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services), The design -builder shall be responsible
for compliance by any subcontractor, lower -tier subcontractor
x service provider.
Contracting agencies may reference Form FNMA -1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in an contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the foilaving
sections, these contract provisions shall apply to all work
performed on the contract by the contr2ctors own organization
and with the assistance of workers under the oontrador's
FHWA-1273 — Revised May 1, 2012
immediate Superintendence and to all work performed on the
contract by plecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
wiWaidt g of progress payments, withholding of final
Payment, termination of the contract, suspension! debarment
or any otter action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of labor. During the performance of this contract,
the contractor shall not use convid labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The tem Federal -aid
highway does not include madmys functionally classified as
Local roads or rural minor collectors.
IL NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to an
related corsfructim subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Oder 11246, 41 CFR 60,
29 CPR 16251627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the CMI Rights Act of 1964, as amended, and related
regulations Including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 20D, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause In 41 CFR 60.
1.4(b) arid, for all construction contracts exceeding $10,000,
the Standard Federal Equal Empkryment Opportuniy
Construction Contract Specifications In 41 CFR 604.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of tabor Including 41 CFR 60, and 29
CFR 16251627. The contracting agency and the FHWA have
the autnoriy, and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the CMI Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, With appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunhy: Equal employment
opportunity (EEO) requirements not to discriminate and to take
afromaWe action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of labor as modified by the
provisions prescribed herein. and Imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractors project activities under
this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 at seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions or employment and In their review
of activities under the contract
b. The contractor wig accept as its operating policy the
following statement
"It Is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall Include:
employment, upgrading, demotion, or transfer, recruitment or
recruilmenl advedis"ug; layoff or termination; rates of pay or-
other
rother fors of compensation; and selection for training,
including apprenticeship, pre -apprenticeship, and7or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractors
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
am substantially Imrolved in such action, will be made fully
cognizant of, and will implement, the contractors EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractors EEO policy and Its Implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough trdoctrinalion by the EEO Officer, covering
all major aspects or the contractors EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged In direct recruitment for
the project will be instructed by the EEO Officer in the
contractors procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractors EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e, The contractors EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recrultment When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identity sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and woman
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractors
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
information and procedures with regard to referring such
applicants will be discussed with employees.
S. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and lamination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic Inspections of project
sites to Insure that working conditions and employee facilities
do not Indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor wilt periodically revlew selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with as obligations under this contract, wig attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrlminafion may affect persons other than the complainant,
such corrective action shall Include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant or all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in loca4rg, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be anted at developing full joumey level status
employees In the type of trade or job classification Involved.
b. Consistent with the contractors work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of tratrr"vg programs, I.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special pmNsien for training is provided under this oort act,
this subparagraph will be superseded as hcicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor wig advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor wig pedodlcagy review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promobon.
7. Unions: If the contractor renes in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, eaher directly or through a contractors
association acting as agent, will include the procedures set
forth belay.
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs alined
toward qualifying more minondes and women for membership
In the unions and increasing the skins of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the and that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain Information as to the referral
practices and policies of the labor union except that to the
extent such Information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and snail set forth what efforts have
been made to obtain such Information.
d. In the avant the mw is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor well,
through independent recrutatmt efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability. making full efforts to obtain qualified
andfor qualdiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents Ire contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immedately notify the
contracting agency.
8. Reasonable Accommodation for Applicants I
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Ad and all roles and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and leasing of Equipment The contractor shall not
discriminate on the grounds of race, color, retkgim, sex
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment The contractor shag take all necessary
and reasonable steps to ensure rax iscdmination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations rattler this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOTS U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shag not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shag carry out
applicable requirerruanLs of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the
contractor to may out these requirements is a material breach
of this contract which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shag keep such
records as necessary to document cornplance with the EEO
requirements. Such records shag be retained for a period of.
Wee years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for Inspection by authorized
representatives of the contracting agency and the R- WA.
a. The records kept by the contractor shall document the
following:
(1) The number aid work hours of minority and non -
minority group members and worsen employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and worsen; and
(3) The progress and efforts being made in looting, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the connecting agency each July fw the dumtlon of
the project, indicating the number of minority. women. and
nonan nor ty group employees currently engaged in each wok
ciassi icabon required by the contract work This Information IS
to be reported on Farm FFfVVA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to co0ect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
111. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contactors obligation extends further
to ensure that its employees are rat assigned to perforin their
services at any location, under the contractors control, where
the facilities are segregated. The term 'facilities' includes
waiting rooms, work areas, restaurants and other eating areas,
time docks, restreerns, washrooms, locker moms, and other
storage or dressirg areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
rV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Faderalaid cortsWdion
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the rightb6
way of a roadway that Is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5'Conlrect prtimsion and
related matters' with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All labomm and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph t.d. of this section; also, regular contributions
made or costs Incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(aX,I). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employees payroll records accurately set forth the
time spent In each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH -1321) shall be
posted at all times by the contractor and Its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b.(1) The contracting officer shall require that any Gass of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance, with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) The work to be performed by the classification
requested is not performed by a classification In the wage
determination; and
(it) The classification is utilized in the area by the
construction industry: and
(iii) The proposed wage rate, including any bona fide
hinge benefrls, bears a reasonable relationship to the
wage rales contained in the wage determination.
(2) If the contractor and the laborers and mechanics to he
employed In the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
addltional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time Is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
aulhoraed representative, wil issue a determination within
30 days of receipt ami so advise the contracting officer or
will notify the contracting officer within the 30day period that
additional time is necessary.
(4) The wage rate Qncluding hinge benefits where
appropriate) determined pwtsuam:o paragraphs 1.1b.(2) a
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the dasslficatim.
C. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shag either pay the benefit as slated in the wage determination
a shall pay another bona fide hinge benefit an hourly cash
equivalent thereof.
d. if the contractor does not make payments to a trustee or
other thrd person, the contractor may consider as part of the
wages of any laborer a mechanic the amount or any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have
been met The Secretary of labor may require the contractor
to set aside in a separate accormt assets for the meeting of
obligations under the plan or program.
2- Withholding
The contracting agency shag upon its own action or upon
written request of an authorized representative of the
Department of tabor, wilhhW or cause to be withheld from
the contractor under Ws contract or any other Federal
contract with the same prime contractor, or any other federally -
assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
Including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, incWng any apprentice, valnce, or
helper, employed or working on the site of the work, an or Part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shag be
maintained by the contractor during the cease of the work and
preserved for a period of thrix years thereafter for all laborers
and mechanics working at the site of the work. Such records
shag contain the name, address, and soda] security number of
each such worker, his or her correct Vassincation, howdy rates
of wages paid Qxluding rates of contributions or costs
anticipated for porta fide fringe benefits or cash equivalents
thereof of the types described In section 1(bx2XB) of the
Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(aXl Xiv) that
the wages of any laborer or mechanic Include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(bx2XB) of the Davis -
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost rmurred In providing such
benefits. Contractors employing apprentices or trainees under
appmved programs snag maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely an of the Information required to be
maintained under 29 CFR 5.5(ax3)(i), except that fug social
security numbers and home addresses shall not be Included
on weekly transmittals. Instead the payrolls shall only need to
seclude an individually identifying number for each ampbyee
e.g.. the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted In any form desired. Optional Form WH -347 is
available for this purpose from the Wage and Hour Division
Web she at httpJh~.dol.gmlesahvhdfomrAv h3471nstr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and cur.. am address of each covered worker,
and shag provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
Investigation or audit of compl ance with prevallmi; wage
requirements. It is not a violation of this section fa a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for Its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be acconparded by a
'Statement of Compliance; signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
() That the payroll fa the payroll period contains the
Iram. ation required to be provided under §5.5 (ax3Hg) of
Regulagons, 29 CFR pert 5, the appropriate infomadon Is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
co nplele;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
dump the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the fug wages earned, other than
perm�ible deductions as set forth in Regufatiors, 29 CFR
part 3;
(li) That each laborer or mechanic has been paid rot
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed.
as specified in the applicable wage determination
incorporated Into the contract.
(3) The weekly submission of a property executed
certification set forth on the reverse side of Optional Form
WH -347 shall satisfy the requirement for submission of the
'Statement of Compliance required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
Inspection, copying, or transcription by authorized
representatives of the contracting agency, the Sate DOT, the
FMA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension or any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person Is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program. who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a Slate
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work face under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who Is not registered or otherwise
employed as stated above, shall be paid no. less than the
applicable wage rate on the wage determcration for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rale on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which Its program is registered, the ratios and wage
rales (expressed in percentages of the journeyman's hourly
rate) specified in the contractoes or subcontractors registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified In the applicable wage defemination.
Apprentices shall be paid fringe benefits in swonfance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage delemninatlon for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
Individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the cab site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe berets
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate m the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requ:raments of Executive Order 11246, as amended, and 29
CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal -aid highway construction programs are not
Subject to the requlremenh; or paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established try the
particular programs. The ratio of apprentices and trainees to
Journeymen shall not be greater than permitted by the hems of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with he requirements of 29 CFR part
3, which are incorporated by reference In this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Forth FFIWA-1273 in any subcontracts and also require the
subcontractors to include Forth FHWA-1273 In any lower tier
subcontracts. The prune contractor shall be responsible for the
oanpiance by any subcontractor or loner liar subcontractor
with all the contract clauses In 29 CFR 5.5.
7. Contract termination: debarment A breach of the
contract Gausses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contraCor and a
su bcortuactoras provided In 29 CFR 5.12.
B. Compllance with Davis -Bacon and Related Act
requirements. An rulings and Interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein Incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general dsputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of tabor set forth In 29 CFR parts 5, 6, and
7. Disputes within he meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or he
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or frim who has an
interest In the contractors firm is a person or fum Ineligible to
be awarded Govemmem contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm Ineligible for award of a Government contract by virtue
or section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is presrnbed in the
U.S. Criminal Code, 18 U.S.C. 1D01.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Fedemlaid construction
contract in an amount in excess of $100,000 and subject to the
over0me provisions of the Contract Work Eburs and Safety
Standards Act. These Causes shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechari s
Include watchman and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any pan of the contract work which may require
or Involve the employment of laborers or mechanics shall
require or permk any such laborer w mechanic in any
workweek in which he a she is employed or, such work to
work in excess of forty fours in such workweek urdess such
laborer or mechanic receives compensation at a rale not less
than one and one-half times the basic rate of pay for all hours
worked In excess of forty hags in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In he event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shag be Mable for the
unpaid wages. In addition, such contractor and subcontractor
shag be gable to the United States On he case W work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed In violation of he clause set forth In
paragraph (1.) of hs section, in the sum of $10 for each
calendar day on which such individual was required or
Permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause ser forth in paragraph (1.) or this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shag upon Its own aclon
or upon widen request of an authorized representative of the
Department of Labor withhold or rause to be withheld, from
any moneys payable on account of work performed by the
contractor m subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally -assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall Insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
sulconlmctors to Include these clauses in any lower tier
Subcontracts'
mb
The prime contractor shall be resporle for
compliance by any subcontractor or lower tier subcontractor
with he clauses set forth In paragraphs (1.) through (4.) of this
seCbn.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty gems
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specially ilems performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contracloYs own organization
(23 CFR 635.116).
a. The term 'perform work with its can organization' refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lover tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may Include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term 0 the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees:
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b.'Specialty Items' shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordnarfly available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to mirror
components of the overall contract
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI Is computed incudes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
Provisions.
3, The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full arthodly to
direct performance of the work in accordance with the contract
requirements, and is In charge of all construction operations
(regardless of who performs the work) and (b) such other of Its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No potion of the contract shall be sublet. assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that It contains all pertinent provisions
and requirements of the prime contract.
5. The 309: self -performance requirement or paragraph (1) is
not applicable to design -build contracts; however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 634 The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as l
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters Into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to Inspect or investigate the matter of compliance
with the construction safety and health standards and to tarty
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.37o4).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specfications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal -
aid highway projects, it Is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Fedeml-aid highway project (23 CFR 635) in one or more
places where it Is readily available to all persons concerned
with the project:
16 U.S.C. 1020 reads as follows:
Whoever, bung an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, fnn, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, w the quantity or quality of the work performed or to
be performed, or the cost thereof In connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any hlghway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate.
or report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 1, 1916, (39 Stat 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or tom.'
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
By submission of this bkVpmposal or the execution of this
contract, w subcontract, as appropriate, the bidder, proposer,
Federaleld construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who IS or will be utilized in the
performance of this contract is not prohibited tram receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to Include w rause to be
Included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, desigrrbufid contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more — as
defined in 2 CFR Pars 180 and 1200.
1. Instructiors for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective
fust tier participant is providing the certifcabm set out below.
b. The inability of a person to provide the certification set out
below will not necessarily resud in denial of participation in this
covered transaction. The prospective fust tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered In connection with the department or agencys
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification w an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction, if It is later
determined that the prospective participant knowingly rendered
an erroneous certification. In addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default
d. The prospective fust tier participant shall provide
Immediate written notice to the contracting agency to whom
this proposal Is submitted if any time the prospective first tier
participant leams that its certification was erroneous when
submitted or has became erroneous by reason of changed
circumstances.
e. The terms 'covered transaction," debarred;
'suspended; 'ineligible; 'participant; 'person; 'principal,'
and 'voluntarily excluded,' as used in Nis clause, are defined
in 2 CFR Parts 160 and 1200. 'First Tier Covered
Transactions' refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). lower Tier Covered
Transactlorrs' refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). 'First Tier
Participant- refers to the Participant who has entered Into a
covered transaction with a grantee or subg: amee of Federal
funds (such as the prune or general contractor). 'Lower Tier
Participant' refers any participant who has entered Into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective fust tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered Into, It shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared' ineligible, m voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective fust tier participant further agmen by
submitting this proposal that it will Include than clause tided
'Certlfcatlon Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions,'
provided by the department or contracthug agency, entering
Into this covered transaction, without modification, in an lower
der covered Vansactions and in all solicitations for lower der
covered transactions exceeding the 525,000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective Paticlpant in a lower tier covered
transaction that is not debarred, suspended, Ineligible, w
voluntarily excluded from the covered transaction, unless It
knows that the cerdfiratim Is erroneous. A participant is
responsbe for ensuring that Its principals are not suspended,
debarred, or whenwise Ineligible to participate In covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any ower der prospective par0ciparits, each
participant may, but is not required to, check the Excluded
Parties Ust System website (httcsJhyww.epls.goVn, which is
compiled by the General Services Administration.
I. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
I, Except for transactions authorized under paragraph (f) of
these Instructions, 0 a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who Is suspended. debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
Its knowledge and belief, that 4 and Its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared Ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a pubic (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
applicationiWoposal had one or more public transactions
(Federal. State or beat) terminated for cause or default.
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shag attach an explanation to this proposal.
2. Instructions for Certification • Lower Tier Participants
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
12D0)
a. By signing and submitting this proposal, the prospective
lower Iter is providing the certification set out below.
In. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered Into. If it is later determined that the prospective
lower ger participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
10
this transaction originated may pursue available remedies.
Including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted It at any time the prospective lower tier participant
teams that its certification was erroneous by reason of
charged clroumstances.
d. The terms *covered transaction,'debarred,'
'suspended," "ineligible," "participant," person; 'principal;
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. 'First Tier Covered Transactions"
haters to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). 'Lower Tier Covered Transactions'
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). 'First Tier Participant'
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). 'Lower Tier
Particlpanr refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal thaL should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation In this covered transaction, urdess
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
'Certification Regarding Debarment. Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,'
without modification, in all lower tier covered transactkm and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant In a covered transaction may rely upon a
certification of a prospective participant in a lower her covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification Is erroneous. A participant Is
responsible for ensuring that Its principals are not suspended,
debarred. or otherwise ineligible to participate in covered
trensactions. To verify the eligibility of Its principals, as well as
the eligibidty of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (hifps://www.epls.00v/1, whichis
compiled by the General Services Administration.
It. Nothing contained In the foregoing shall be construed to
require establishment of a system of records in order to render
In good faith the certification required by this clause. The
knowledge and Information of participant is not required to
exceed that which is nonnalty possessed by a prudent person
In the ordinary course of business dealings.
I. Except for transactions authorized under paragraph a of
these instructions, if a participant In a covered transaction
knowingly enters into a lower lier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension andlor
debwmenL
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion—Lower Tier
Participants:
1. The prospective ower tier participant certifies, by
submission of this proposal, List neither it not its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or volumadly excluded from participating In
covered transactions by any Federal deferment or agency.
2. Where the prospective lower tier participant is unable to
certify, to any of the statements In this certification, such
prospective participant shall attach an explanation to this
proposal
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision Is applicable to all Federalatd construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to Influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any coopemt ve agreement,
and the extension, continuation, renewal, amendment, or
modifration of any Federal contract, grant, loan, or
cooperative agreanent.
b. I; any funds other than Federal appropriated funds have
been paid or will be paid to any person for Influencing or
attempting to trdWence an officer or employee of any Federal
agency, a Member of Congress, an officer a employee of
Congress, or an employee of a Member of Congress In
connection with this Federal contract, gnarl, loan, a
cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, 'Disclosure Forth to Report
Lobbying,* In accordance with Its instructions.
2. This certification is a material representation of fact upon
which reliance was pieced when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making a entering Into this transaction Imposed by 31
U.S.C. 1352. Any person who fats to fie the required
certifiraflon shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also ag..ees by submldng its
W or proposal that the participant shall require that the
language of this certification be Included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certdy, and disclose accordingly.
11
ATTACHMENT A• EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal -aid pmjects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to pedortn
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent infornation required by the Slate Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the odginal job order
is substantially modeled, the partdpant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, In his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the Slate Employment Service, the State
Employment Service is unable to refer any qualifiedjob
applicants to the contractor, or less than the number
requested. the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such cediflcate shall be made a part of the
contractors permanent pmject records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to 611 positions coverall by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12
6. The contractor shall include the provisions at Sections 1
through 4 of this Attachment A In every subcontract for work
which is, or reasonably may be, done as on-site work.
-_ .
RECEIVED ��p � 2 �AI�'
MoDOT Southeast District
Mark Shelton,District Engineer
Missouri Department of Transportation 2675 North Main Street
P.O.Box 160
Sikeston,Missouri 63801
573.472.5333
Fax:573.472.5351
1.888.ASK MODOT(275.6636)
August 29, 2014
The Honorable Harry Rediger
City of Cape Girardeau
401lndependence
Cape Girardeau, MO 63703
Re: Executed Agreement
Emergency Relief Funding
City of Cape Girardeau, South Sprigg Street at Cape LaCroix Creek
Project No. ER-1518(005)
Dear Nlayor Rediger:
Enclosed you will find two copies of the fully executed Program Agreement for the above-mentioned
project for your files.
This is not your authorization to begin design. We still need to have the Engineering Services
Contract approved and executed before FHWA can obligate funds for design. Please do not
authorize your engineer to begin work until you receive authorization from this office.
If you have any questions,please contact me at 417-469-6286 or by e-mail at
Elquin.Auala@modot.mo.gov.
Sincerely,
�'�(%��,�..f �t.�a.�
Elquin Auala
Transportation Project Designer
akd
Enclosure
Mo�OT Our mission is to provide a world-class transportation experience that
delights our customers and promotes a prosperous Missouri.
www.modot.org
MODO� Southeast District
Mark Shelton,District Engineer
Missouri Department of Transportation 2675 North Main Street
P.O.Box 160
Sikeston,Missouri 63801
573.472.5333
Fax:573.472.5351
1.888.ASK MODOT(275.6636)
December 23, 2015
Ms. Casey Brunke
City Engineer
City of Cape Girardeau
401 Independence Street
Cape Girardeau,MO 63703
Re: Executed Supplemental Agreement
Emergency Relief Funding
City of Cape Girardeau, South Sprigg Street at Cape LaCroix Creek
Project No. ER-1518(005)
Dear Ms. Brunke:
Enclosed you will find two copies of the fully executed Supplemental Program Agreement for the
above-mentioned project for your files.
If you have any questions,please contact me at 417-469-6286 or by e-mail at
Elquin.Auala@modot.mo.gov.
Sincerely,
��`'�...:.� �,Q.�
Elquin Auala
Transportation Project Designer
akd
Enclosure
� - - ��
� ., , .... ,;�
Mo�OT Our mission is to provide a world-class transportation experience that
delights our customers and promotes a prosperous�ssouri.
�.��.. t "•; �u?�
www.modot.org , h
[.; ,
_.. , . _.'.;� .�
� �:.
CCO Form: FS 11-SUP
Approved: 05/02 (BDG)
Revised: 01/15 (MWH)
Modified:
CFDA Number.� CFDA #20.205
CFDA Title: Highway Planning and Construction
Award name/number.� ER-1518(005)
Award Year.� 2014
Federal Agency: Federal Highway Administration, Department of Transpo►tation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
ER-EMERGENCY RELIEF PROGRAM AGREEMENT
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into by the Missouri Highways
and Transportation Commission (hereinafter, "Commission') and the City of Cape
Girardeau (hereinafter, "City').
WI TNESSETH:
WHEREAS, on August 20, 2014 the Commission and the City previously entered
into a ER-Emergency Relief Funds Agreement as to public improvements designated as
ER-1518(005), for the construction of a bridge and roadway on South Sprigg St.,
(hereinafter, "Original Agreement'); and
WHEREAS, the Commission and the City now desire to revise the Original
Agreement as provided in this Supplemental Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
(1) REVISION: Paragraph (3) of the Original Agreement is hereby removed
and replaced with the following:
(3) REASONABLE PROGRESS POLICY.- This project, as described in
this agreement, will have PS&E approval no later than July 1, 2016 will be under
construction contract award no later than Sepfember 30, 2016. If the project is
withdrawn for not meeting this deadline, 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 otherwrse 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 Agreement as if fully written in this Supplemental Agreement.
lN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the City this�� day of , 20�
Executed by the Commission this� day of `� � 20��
MISSOURI HIGHWAYS AND
TRANSP RTATION COMMISSION CITY OF CAP GI�tARDEAU
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Titie: Assistant Chief Engineer Tit�e:
ATTEST.� ATTEST.�
� ey
Secretary to the Commission
Title: �
Approved as to For : � Approved as to Form:
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