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HomeMy WebLinkAboutOrd.4283.12-05-11 BILL NO. 11-179 ORDINANCE NO. <f'R A ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, FOR THE SAFE ROUTES TO SCHOOL PROGRAM 2011, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with the Missouri Highways and Transportation Commission, for the Safe Routes to School Program 2011, in the City of Cape Girardeau, Missouri, and authorizing the City Manager to execute all necessary grant documents . A copy of said Agreement is attached to this Resolution and made a part hereof . ARTICLE 2 . This Ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS LJ DAY OF Q//`JL , 20 1/ . thE. eyor ATTEST: - 6illiN • , ire - i Gayle L. Conrad, City Clerk F ,_ ��� , sem, :.l./.4%'(z `f K BEpL, CCO Form: HS4 City of Cape Girardeau • Approved: 10/06 (BDG) SRTS-INF-H31H(103) Revised: 12/10 (MWH) Modified: CFDA Number #20.205 CFDA Title: Highway Planning and Construction Award name/number: SRTS — INF— H31 H(103) Award Year: 2011 Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION SAFE ROUTES TO SCHOOL PROGRAM AGREEMENT THIS AGREEMENT is entered into by the•Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "Grantee"). WITNESSETH: • NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The United States Congress has authorized funds to be used for Safe Routes to School program activities. The Grantee has applied to the Commission •for using these funds for qualified purposes. The purpose of this Agreement is to grant the use of such Safe Routes to School funds to the Grantee. (2) LOCATION AND NATURE OF PROJECT: The Safe Routes to School funds whibh are the subject of this Agreement are for the project at the following location: Construct sidewalk, including ramps and truncated domes at intersections along Kingsway Drive from Kurre Ln to Janet Dr. near Alma Schrader Elementary School, Cape Girardeau Public School System, Cape Girardeau, MO. The general location of the project is shown on an attachment marked "Exhibit A" and incorporated herein by reference. (3) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the Grantee 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 Grantee's wrongful or negligent performance of its obligations under this Agreement. _J 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 Grantee 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 Grantee 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 Grantee. These apply to all solicitations either by competitive bidding or negotiation made by the Grantee for work to be performed under a subcontract including •procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the Grantee 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 Grantee 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 Grantee is in the exclusive possession of another who fails or refuses to furnish this information, the Grantee 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 Grantee 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: 1. Withholding of payments under this Agreement until the Grantee complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The Grantee shall include the provisions of paragraph (6) 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 3 with the Act. In addition Grantee shall comply with applicable state laws, rules and regulations including those contained in Chapter 523 RSMo. (13) MAINTENANCE OF DEVELOPMENT: If the project identified in Paragraph 2, above, involves the construction or dedication of public improvements, the Grantee shall maintain the herein contemplated improvements without any cost or expense to the Commission. All maintenance by the Grantee shall be done for the • safety of the general public and the esthetics of the area. In addition, if any sidewalks • or bike trails are constructed on the Commission's right-of-way pursuant to this Agreement, the Grantee shall inspect and maintain the sidewalks or bike trails constructed by this project in a condition reasonably safe to the public and, to the extent • allowed by law, shall indemnify and hold the Commission harmless from any claims arising from the construction and maintenance of said sidewalks or bike trails. If the Grantee fails to maintain the herein contemplated improvements, the Commission orits representatives, at the Commission's sole discretion shall notify the Grantee in writing of the Grantee's failure to maintain the improvement. If the Grantee continues to fail in maintaining the improvement, the Commission may remove the herein contemplated improvement whether or not the improvement is located on the Commission's right of way. Any removal by the Commission shall be at the sole cost and expense of the Grantee. Maintenance includes but is not limited to mowing and trimming between shrubs and other plantings that are part of the improvement. (14) PLANS: The Grantee shall prepare preliminary and final plans and • specifications for the herein improvements. The plans and specifications shall be submitted to the Commission for the Commission's review and approval. The Commission has the discretion to require changes to any plans and specification prior to any approval by the Commission. (15) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government and by the Grantee as follows: (A) Any federal funds for project activities shall only be available for . reimbursement. of eligible costs which have been incurred by Grantee. Any. costs . .. incurred by Grantee prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. The federal share for this project will be 100 percent not to exceed $223,600.00. 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 Grantee. The Commission shall not be responsible for any costs associated with the herein improvement unless specifically identified in this Agreement or subsequent written amendments. The reimbursable eligible costs for this project are shown on an attachment marked "Exhibit C" and incorporated herein by reference. (B) The authority to advertise for bids shall be granted by the 5 • (17) PROGRESS PAYMENTS: The Grantee may request progress payments be made for the herein improvements as work progresses but not more than once every two weeks. Progress payments must be submitted monthly for amountsequal to or greater than $10,000.00. The Grantee shall repay any progress payments which involve ineligible costs. (18) PERMITS: The.Grantee shall secure any necessary approvals or permits from any federal or state agency. as required for the completion of the herein improvements. The permits which may be required include, but are not limited to, environmental, architectural, historical or cultural requirements of federal or state law or regulation. If this improvement is on the right of way of the Commission, the Grantee must secure a permit from the Commission prior to the start of any work on the right of way. The Grantee shall comply with any additional conditions placed on the issuance of the permit by the Commission, including, but not limited to any bonding requirements of the Commission. (19) INSPECTION OF IMPROVEMENTS AND RECORDS: The Grantee shall assure that representatives of the Commission and FHWA shall have the privilege of inspecting and reviewing the work being done by the Grantee's contractor and subcontractor on the herein project. The Grantee shall also assure that its contractor, and all subcontractors, if any, maintain all books, documents, papers and other evidence pertaining to costs incurred in connection with the Safe Routes to School •Program Agreement, and make such materials available at such contractor's office at all reasonable times at no charge during this Agreement period, and for three (3) years from the date of final payment under this Agreement, for inspection by the Commission, FHWA or any authorized representatives of the Federal Government and the State of Missouri, and copies shall be furnished, upon request, to authorized representatives of the Commission, State, FHWA, or other Federal agencies. (20) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, OR SERVICES: A person may offer to donate funds, materials or services in connection with this project. • .Any.donated funds,.or the fair market.value.of.any.donated .materials or services that, . .. . i are accepted and incorporated into this project shall be credited according to 23 U.S.C. §323. (21) DISADVANTAGED BUSINESS ENTERPRISES (DBE): The Commission will advise the Grantee of any required goals for participation by DBEs to be included in the Grantee proposal for the work to be performed. The Grantee shall submit for Commission approval a disadvantaged business enterprise goal or plan. The Grantee 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. (22) 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. 7 IN WITNESS WHEREOF, the parties have entered into this Agreement on the-. date last written below. Executed by the Grantee this_day of , 20_ Executed by the Commission this day of , 20 - MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU By Title Title ATTEST: ATTEST: By Secretary to the Commission Title Approved as to Form: Approved as to Form: Commission Counsel Title Ordinance No 9 nM&-1711 Elyefle voteli - mo%10 ¶934 QVIREO CONTRACT PROVISIONS •• FEDERAL-AID CONSTRUCTION CONTRACTS Page —^.B Selection of Libor: Dan;de performance of this conred,the I. General • I contracts ghee not . IL Nondiscrimination • 1 • m. Nonsegregated Facilities 3 a. discriminate egret labor horn any other Slate,possession, IV. Payment of Predetermined Mh*num Wage 3 a bailor/of the Untied States(except for employment preference for • V. Statements end Payrolls 6 Apodacttan contrails,when applicable,as specified In Attachment A). N. Record of Materiels.Supplies,and Labor B or ' VII. Subletting Of Assigning the Carded 7 • Vill. Se Accident Pevendan 7 b. employ convict tabor lot any purpose within the limb of the •DC Fake Stetemmta Concerning Highway Projects 7 project unless 1 Is tats performed by convicts who are on parols. X. hcans+tsdon of Clean Ale Act and Federal supervised release,or probation. Water Pokudsn Control Act a XI. Certification Regarding Debarment.5uepeMton, - I hely,and Voluntary Etbusicn S IL NOMCtSCR)MINATWN • Xii. Certification Regarding Used Correct Funds lox • • LeObylg • 9 (Applicable toai FedeM;Acaubuadon Conrada end to ad related subcontracts of$10,000 or mere.) • ATTACHMENTS I. Equal Employment Opportunity: Equal employment appear- A. ' Employment Preference for Appointers Contracts. nay (EEO)remeemare not to dhcrbnNMe endto take dfamative • (Included in Appall:Nan contracts oat) action to swum equal ceportunly es sot forth under laws,eaaatve adios,rubs.mutate(28 CFR 35,29 CFR 1630 and 41 CFR 60) _ and alas of the Swat-sly of Labor as mottled by the imodsi ne I. GENERAL prescribed herein, end Imposed ptawbtt to 23 U.S.C. MO shall aats5lw the EEO end specific alternative aclon standards or In 1.These contract provisions aMI apply to at work penomed on the Contractors projectadMiet underthb coned The Eghad Opporbmay . conned by the contactors own organization end Mm Ne aakmence of Construction Contract Specifications set forth under 41 CF R60-4.3 and worn under the contractor's Immediate svpenktenderce and to of the provisions of the American Dkaltilias Act of 1990 (42 U.S.C. work performed on the contract by piece's% station cork,or by 12101 et a,sem.)sat forth under 26 CFR 35 and 29 CFR 1830 an altaonnd. Incorporated by re$eegoe n oris contract. n the nasion d this contract,the contactor agrees to amply wOh the fosowing mkimum 2. Erupt as otherwise provided for In each section,the catactor aCor epecAc requirement activities of EEO: due neat In each awcat act di of the stlpultlae contained In arse • RepAn d Correct Prevision.,and Botha require their inclusion in any ' a. The contractor**Walk with the State highway agency(SHA) bar Der subobrtract et press ceder the may In hen be made. The and the Federal Governmental canytrg at EE0o&tgations and nth& • Remarked Contact Provisions shell not be Incorporated by reference In renew of hidden activities under the contract any aye. The prime co-tractor dao be responable for complete by ' b.The contractor wet tempi es Na operdi g poesy the fdlw"ng any wbcontradon or beer Ba subcortracta win thenen ens Required Coded Proddon.. statement 3. A breach ot any of the stipulations contained n these Required It Is the policy of dos Company to assure Bet applicants me Caked Provisions shad be sufficient grounds la tartvng:on of the employed,and that employees are treated doing emplardefi. . mated without regard to their rem religion,sax,odor,national origin,age m maabltdy. Such action dale Include:employment.upgradkg, • 4. A beech of the foAowop clauses of the Required Contract demotion,or transfer;recruitment or recutmaeedvadittgl layoff . Proviebn;troy also be grounds for debarment as Podded in 29 CFR or to mi„ettkr,,,rates of pay a other lams of compensation:and - S.12 selectionfortrain6y,kckMtng apprs!tkesitp.Prcapprsnt6asttp. • . ancon on-the-job tubing; Section L paragraph Z Seton N,paragraphs 1,2.3,4,end 7', 2. EFA Officer: The co te:tor vel designate end make lmtovm 0 Section V,paragraphe I end 2a through 2g_ the SHA contacting officers en EEO Office who wit have the response day for and must be capable of elf actively adn**stetir'Q end prrnwaq • 5. Disputes'nein;abt et the tabor standards provisions of Section an active contractor program of EEC and who must be assigned ' N(amp Pmagmph Si and Section V of these Required Contract adeq:ate sututy end respons4Bly to do et Predators ehs5 not be subject to the genera disputes el this . eatdrect. Such disputes shall be resolved In accordance with the 3. Dlitaff nation of Policy: Al members of the cant:eacfs staff procsrtaae of the U.S.Department of Labor(DOL)as sol forth in 23 who are authorized to hfe,supervise,promote,and diadenge employ- CFR 5,6.and T. Disputes within the meaning el this clause include tea,or who recommend suds action,a who are'tubslandalt/Involved • disputes between tie contractor(a any of b e&tcu rWma)end the in such action,wit be made hey cognized of,and OA hrpbnart,Bre catactro age cy.the DOL Of the cordectuts employees or their cartactofe prmentatNes. in each gad. ppattyandocreactual cd of emploesponstbEtee yment. to EEOtrsrov that the N° above agreement w0 be met,the foie ng actions w13 be taken as a minimum: • Papa a • • • I . d.In the event Che Won Isunable to provide the extractor with AI. NONSEGREGATED FACLI11ES- - • e reariable new 0 minority and rumen mistrals within Me time itra .. sat forth in the eoaedhe barye .Sy agreement,the contractor Will. (Appicalieto CIFederta'd unstnuttn contracts end to all Mated through independent movement emorts,ftf the employment march subcontracts of It 0,000 or more.) wt oUt regard to rice, mon, religion, amt national origin, age or dyetIDy,nakingKt&iodateobtain marled ertlMrquotable rttlromy a. By submission of this S.the emu!kin of this contract or group persons end women. (The DOL has MH that ft strap be no subconwct or the oauvmmtrim of Ohm material supply agreement or nasi that the union sigh which the cottrecor has i collective prmdase order,ee appropriate.the bidder.Federal-aid corotrhuvan bargaining agreement pmrAding for=lustre referral fen to Mw contractor,subeontredor,material supplier,or vendor,as Urn flatly employees.) In the evert the union refertel predict prevents certlfes that the rem don not metan or provide tor Its employees any the cormedor htm meeting the ea-gadona pursuant to Executive Order segregated tuf ties at easy agile establishment and ft the form does 11248,as Reminded,and then special provisions,such cannon dal not perm Its employee lo porton their services deny location,under Immedntely notify the SRA Its ward,where segregated faa5les art maintained The tem agrees tat a breach of its certification is a violation of the EEO&onsio n of . • 8. Selection of Subcatradars.Proh-u,e.,..it of Materiels end inn wis ire& The m further certifies that no employeeWe be dined Leasing of EgadQnerht The contractor shag not d aairrirale on the Bettie to testate fealties on the bash of sex or d Wbrlty. • • • grouts of not color,religion,sex,national origin,ape or distally n the selection end retention of outorknictors,Inciting procurement of b. As used in Ws certification,the term'segregated factilieS natal and Cases of equipment mens any waiting roans,work areas,reetrooma and washrooms, restaurants end other eating areas,ti ectda,locer roana,and other a. The contractor ail notify ed potential subweactaa end storage or dressing eon,pulsing kte,ddradng fountains,recreate or tipplers of Neils EEO obnpatons under this contract entertainment tress,transportation,end touts;fatigues presided for . employees with we segregated by explicit directive,or are,In fact. . b. Disadvantaged buss ess enterprises(DEE),n defined n 40 segregated cc the bash of race.color,neon,national origin,se or CFR 23, otos ha equal opportunity ei compete for end perform . diaabmy, because of heck, loaf custom,or otherwise. The orty _ subcontracts which the contractor sten Into punusntto this evmat exaeplan wit be to the disabled when the fonds for■messlb lty • The eatador we use He best Cali to aopcb bids from art to&to override(e.g.tabled puking). DBE Subcontractors or subcontracts*With mesdngrd minority group end female rspmstSstionn mono Stir employees. C ntnctars ghat c. The contractor agrees that It las owned or will obtain obtain lists of DBE oarWuctan two from SHA portanal. ' identical c&inoton homoroposed subconoaCosormaterial suppler* prior to award of ad:catacts of caaumvdbn of natal supply cThe COZ**c*Or aft use He best effortsto ansa subwmecto apresnerds of 1t0,000 or more and that twig ran such arUfleeions eartplanoe with their EEO obigattons. In to fin. 9. Records and Reports: The cannon dao keep such records as neceaay to decant sulphate with to EEO rogdrements. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE Such records anti be retained kr a period of three years blct*g . . completien of the contract ask end Appian's to all Fedeng-eid construction contracts exceeding • times ad fan by shall authorized seen at owl Che $2,O%O end to el related subcontracts,except for projects located on BHA end the FHWA. roadways classified as local reeds or null minx cotectors,witch are exempt) a The records.kept by the caHrador shell document the y 1. General. . - (1)The number&mtreriy end ranmnorty group members e.At mechanics and laborers enpbyed or working upon the site ' end waren employed In ash workdassftotUi on the project; of the work Si be paid uncoM'dbnaay end not See often than once a week and withat subsequent deduction or rebate on any eccohrd (2)The progress and efforts bang made in cooperation with (exact such peyro&deductions as ate permitted byregurtiae(23CFR unions, when ep+plcatte,to nuns* employs ern opportudles for 3)Sad by the Secretary of tabor wider the Capdand Act(40 U.S.C. mmnates end woman; 2t8c)I the ted amounts of wages and taro fide fringe bend%(or cash andante thereof)due at tiro of payment The payment dao be (3)The progress and efforts being made In locating,hakn9, computed et wage Mas not less than Vose contabsed In the wept t+atnin,qualifying,and upgrading mnxky and female employees:and determination of One Secretary at Labor(hereinafter'de wage determi- nation" eter*nation'which is ettadwd hereto and made a part hereof,regardless of (4) The orogen and efforts beirg made In securing One ' taw contractual relationship with may be tinged to east batsmen the eeykn of DBE euboostectoe or siCatnractore with meaninpht cuhtraaarx is subcamaclors end each aborts ed medanlos.In mtrerty and female representation smog their employees. wage dets arutbn(ancludng any eddlional daetfcatione and wen rates conformed under p eregrapm 2 of tots Section IV end Ute DOL• b. Thecolf:tort will s*r*an annual report to the SHAsech poster(WM-1321)or Form FHWA•l 495)shall be posted et WI rasa by Jug for the Ogaden of the Protea Indicting the roster of Snotty, the contractor and Its subcamedds at the site of We work In a women,and rononfray group employees cumw y engagel In tech prominent and accessible glare wirers It can be entry seen by the workckaNfcaden rogdred by the contract work. This Waft n la to workers. For the purpose of this Section,contributions made or coda be reported on Form FHWA•1391. C cMhe.ob bating Is being reasambg anticipated for baa fide lenge Tags under Sedan • regained by special pnWbn,tie centimeter wit be required to collect i(b)(2)of the IMNs-Becact Ad(40 U.S.C.Ma)on Shed of tatters and report training data or mechanics are cantered wages paid to such laborers or urethan- foe,subject to the pioviabns of Section IV,paragraph 3b,hereof.Also, • for use purpose of this Section,muter wmBedahs made or acts Incurred for snare gen I weeklyperiod(but not less often than quarterly) under plans,lids, or programs,with cover the peticular weedy period,em deemed to be wswcti eg made • • • (a) In the evert the Bureau of Apprenticeship and Training, 8. Withholding: • or e Rite epprardkaahp money recognized by the Bureau,winnows . approve of an apptamkeehip program,the connector or umcaarada The SHA shall upon its omautan or.pnnwritten request or an will ro tinge be permitted to utak. apprentice at lee than the authorized repceamaWeofthe DOL withhold.or cause to be wkhh.W, •• rppfuble pradetsrmhae rite for the comparable wait performed by from the catvictor or subcontractor under this tantred a any other •• redder employees until an acceptable prgfam is approved. Fedor&Canflot with the same prime taeada,or err other Fedensey- •.• assisted contract subject to Due-Bacon deviling wage requirement. • b. Trebles: which M held by the same pane contactor,a much of the accrued •• . payments or advances as may be consisted meeasayIn pay laborers (I) Except as provided In 29 CFR SA6,trame we rad be and mechanics,iicas&gapprentices,transit,and helpers,employed paehted to work it less than the ornamented rate W the wak bythe carbadaor any subcontractor the futenaad orwages required - performed unless they are er ptoyed pursuant to and iidMduzy by the contract In the event of fete to pay any labour or median°. • redstart Ins proem mwhich he nreind pbr apprwd,e denced by including arty apprentice,bate.,or lepef..employed or verity on the .• Weal eedifwation by the DCL,Errpb/rem and Training Aaniiatra- site of the work,ore a part of the wags meted by the cahtatt,the • tion. SRA cgcadkq officer may,after it ten notice to the contactor,take such'elands maybe rteeteeayto cause the avepenalon of any further • (2) Tint of urines to ptanymarSvel empty/es en payment,advance,or guarantee ce funds uta such*taros have the job era she not be gins than permitted umber the plan apposed ceased. • by the Employment and Trebling Admhistatioit Any employee listed on the woe at a trainee rate who M not registered and petldpdtg in 7. Overtime Regoberuents: • atrahhgplan apprised bythe Empbymasand Treeing Aditistra4°n shill be pat not Was than the applicable vce rate on thewage detend- No wrrctr or subcontractor cntractng for any pat of the • ndionfor owdaaalfcstonof worn Wady performed.In edt1on,any contract woe which mayw rtoantetheemployrtentoflaboran. • trainee pertmi v work on to job its h item of to ratio ranted mechanics,weduren,a ward.(ed erg appy mares,and umber the resented program due be paid not Nes than the applicable helpers described in penmen.4 aha 5.bore)stall retire a permit wise Rte en the wage determination for the work actually performed. any laborer,rrwchar t vatchrnen,or guard h any worpweek In which he/she M employed onsite wok to wale hexene of<Orkhua in such (3) Every trainee must be pat at rot Mas than the rate wetted(unless such laborer,mechanic,wRenmm,a ward mass e rected In the approved pogrom to hither bevel of progress, compensation eta rite rot Mss then one-end'aie4 It times name -awaited as e parentage of the houryrate specified bake rata of pry to ore tours worked In exon.of 40 hours In such In the appestat wap determination Tutees shoo be paid fringe torte* bee0te hi accedence with the providoru of the.tins program H the trent program does not mention binge benefit,trainee than be paid the Lllarctad et binge bereft Med onkewageddemnietkn urine 8. Violation: the Atydratrata of to Wage and Has DFMbn determines oat thea M an epprerdcnt4 degree associated with the conespondng LMbaty for Uncoil Wipes:Liquidsted Damages In the sem of journeyman-level wept Ma on the crepe deeminaton wnkh dotes any*Neon eche deet set kith a paragraph I*beets Candor for leu than MA longe benefice for apprentices.in which tat such end any subce tide retable thereof eMa be babes fothe affected trainees dee MONO oe same triage benefits as apprentices. employee far hither unpaid wages. In eddaor\such connector end subcontractor tell be fable to the Wed States(kit the case of work (4)ince event the Employment end Training Mm6istraNn done under contract for the District of Cott*ors*try,to such Withdraws approval of a treaty program the attracts vete tao- District or to such ferrety)for equiutsd damages. Such Spudded ter wit rolonger be permitted to tire trete et lea than the appe a- damage she.be conroued with reaped to etch imbWeue laborer, tit predetermined rete to the work performed will an acceptable - mxMnlc,watchman.or(nerd employed in tett of the Otte at 70M Is approved. forth In paragraph 7.In the sum of 610 for each calendar day on which . tett employee wee required or painted to work In exits of the • c. Helper: standard work week d 40 hats without paymei.itha tweet binges required by the Cavae sot forth In paagnyh 7. - Hepar will be permitted to work on i project V Use helper ebwUkatienla specified and defused on the appeab4evagedstamins- 9. WtUdwlding for Unpaid Wages end Liquidated Dann gets: ton or M approved pnuerd le the conformance procedsi sot forth kr $stn N2 Arty WNW Wed on a payroll ei a helper wage rate,Wo The BHA shill upon its own action or upon''written newest of any M rat It helper under a approved deAneton,ahe9 be Ped oat kit Vito authorized reprneratve of the Dol wANct,Of awe to be w4hhet, • the applicable wage rite on the wage deamiuvmn for theciesdtkatlak firmary monies payable on trout ofwork pert armed bythe centric- cif work actually pMormed. . to au or bwntfda such under any sucorrect cc any other Federal catted with the ante tine contractor.or say other Faderey-assisted 6. Appendices and Trainees(Programs of the V.B.DOT): *attract subject to the Contract Work Han and Safety Standards Act vddch M held by the same Prime contractor,such suns is may Da Apprmtcea and tratees waking under eppwtkut^A and slam determined to be necessary(0 sat*any Weeks of aidh contractor Whig programa wttdh have been Certified by the Sentry d or sabwntracbr for unpaid wages end liquidated damages as provided Transportation es pometI g EEO et commotion web Federal-ad in the dace sot forth In paragraph 8 above. Nplivesy emsbuctIon programs are not subject lo the requirements at - . ptisgmtph 4 ot tWa Section IV IV. The straight am homey for apprentices and nets under such programs se be established byte V. STATEMENTS AND PAYROLLS • particular propnnw. The ratio of apprentices and trainees be jetty- men ammymen shag not be greeter than penned by the lone of rhe Pogroobr (Appecabletoill Federalatwrntruction contract emoting 62,000 Program and to of related subcontracts,except for Projects located on roadways classified as Wed read!or Mal reflectors,which are exempt.) Page 5 .. its am'organization'thin W construed to Include orgy engineers,cartr.dme,:woofers,era worker on Fedenlgia Veen employed and pad dtecdy by the gime contractor end prefects,t is essential that all persona concerned'Oh the prefect equipment owned a retied by the prime ccntreofer,WA err wttfocd perform their fvmctian n unfitly, thoroughly, end honestly ea ■ _ open:ton. Such tern es donot ncbde e employeor equipment of a poealbie. Wad fabrcaion, detoman, of mnm rspentaon with . stdotcntncior,assirae,or sped of the phos contractor. respTo prect to vent atryat any resu fifacts West d�U�regarding Mriousneeederal ss a Grose . b. 'Specaty items'shag be construed to be laded to-work that and smear acts,the following mita sled be posted on each Federal-aid terpins Ngldy speckatte knowledge, abwtlu, or egripoen not highway protect(23 CFR 635)In one or trot paces when 4 is ready adamr9y available In the types connnSQ agetat ns gutted end nktie to d persons concerned Cl the project: . expected to bed on the catracl a a whole and In gnat are to be lorded to Minor cmhporerts of weal contract - . NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-MD 2.• TN centred eMountic Mount upon the requirements set torah n WOfIWAY PROJECTS . ' paragraph 1 of Section VII Is computed Includes the cast ofmaterial and rnanu:dined products which ere to be purchased or produced by the 10 1/.5.C.1020 rods is Wows colt ctor utdet the oortUact provisions. . ltherver.berg an sficsag n ent,oremployee of the!hilted Stens. 3. The contractor shell furnish(a)a competent superintendent or ora my Stated Territory,orwhowar,whether a person,assayalon, • etwsrviwr who Is employed by the firm, ha hN wenn to direct Amt a caperiaon. knowingy makes any raise Odomem. false - pwformwoe of the work In accedence coin the cohbaa requirements. rapreeamOm,or fan report es to f e chincnr,Wary,quenmy,or end Is In charge of all const cdon operations (regardless of who cat ofthe Mane used or tote dad.ores emityOrquaky ofthe porton the the work) and (b) such other of tb own organintionsi work performed or to b4 performed a Me cost thereof In ccanecton mattes(supenteah,management,end ergfnerag services)as the witr the wv-aeon of;fans,maps,ip•crceaarts,conform.or cn is SMA contracting after datemdnea le necessary to ewe to porta- ofseesaw-Oen an goy highway wetted payee wbmmdforapprov& mace of tM contact to Ma Secretary of Trenspovtafon:or . . . - 4. No portion of the contract Mid be sublet nslgned a denwtt Whoever knowingly makes any felts staterrent false representation, dappled of awpt with the wrest)consent of the SMA contracting fora report or false darn wilt respect to the marten, Wary, aftet aeutorteed representative.and etch cowed when given eta! •quantity.or cost of any work perfonnedado bepedomnd.crmltedalt not be construed to Sewa the contractor of arty nsponsibiay far the AmUshed or to be Mumhhed,In connection rah the coasnuahn deny - futTMtent of to caftbt Mete consent w0 be given only after the highweyornfated)aobect morowdbyte SawstayofTnrapaha%A SHA has assured Un etch sat:on/ctb avdelaad nveking and that a • a contains til pea;rol provisions and requirements of the gime roctsct Whoever knowtitpfy mikea any false staf.merd or frse repro- . sedation as to matsna fad In erry N/Mn.nt cracan, a report aubnged pursuant to pmhisbns of'dn Felon!-Nd Roads Act NIL SAFETY;ACCIDENT PREVENTION approved hit 1,1914(39 Stat.355).as emended endsuppieement.Q • 1.nthe pwfirmence ofthis centred to contactor titan=way With She be fnednotmore that 514000 or imprisoned not mon than 5 as spplcabte Federal,Mete,and kcal lams governing safey,heatt,end yen or both.' sanitation(23 CFR 835). The contractor shall protea d sategwrde, • - .' safety distal and protectM equipment and fere any other needed L IMPLEMENTATION OF CLEAN AM ACT ANO FEDERAL ' action* a A determines, or a the SHA contracting officer may WATER POLLUTION CONTROL.ACT deterrent to be naeonatty necessary to protect Os life and teen of employees°nteJob mrl the safety of the pubfic aC to protect property (Applicable to an Federal-aid cantrncbon contacts and to M Meted m canneahn with the performance of!hewed(covered by the contact. eubcontrads trf$100,000 or mon) 2. I is a oondilon of this coned,ant Shen be made a condflon of By submission of this tad or the execution of this co trail or seta/l- eech oba/.tech sumantrad,which to Dominator erten Into pursues to itis - not es appropriate,the bidder,FWnnNid constriction contractor,or canoect that pacortractor end any subeontredor awe not penny any eubo/ttrec or,as appropriate,Ma be teemed to have sepaueu u employee,In performance of the contract,to work In swrowea res a Worn: taper conditions which are unsanitary,hazardous of dangerous to blamer heath a safety,as determined Wer oonktictton eatety and 1. That any fealty that la a whit be utilized In the performance of this • Meth Cadartte(29 CFR 1928)promulgated byes Secretary of Leta, contact.unless such contract Is exempt Wer the Owl Alr Act,es in eocordama wdh Section 107 ofthe Contract WorkHotm end Safety • amended(42 U.S C.1057!name,n amended by Publ.91.604).sea •Standards Act(40 U.S.C.333). _ under theFederal Well PotNon Control Ad,an emended(33 U.S.C. 1251 et son.,as emended by Pub,L 92400),Decode Order 11735. 3. Pasoan to 2:2 CFR 1928.3,It is amdfdon ofttis camel that and reguiatials nlrtgemmafor terra(m CFR 15)is not bed,on to Secretary of Labor or authorbd representative thereof,shall/we the date of centra award, on t e U.S. EnNWnmette Proteato n rlg)tof mill toenysaeofcontract performer.'to Inspector Vestiges Agency(EPA)Int of Vfotedng FecdlNes punkin to 40 CFR 15.20. the matter of comnpS nce nth the construction safety and health • standards end to carry:XII the&as ofMa Secretary Wer Secton 107 2. That the reon agrees to comply end remain in aeroplanes wird the ' of De Contact Work House Safety Stmdardi Act(40U.S.C.333). requirements ofSaction 114dthe Clem Air Act end Secton30E1dd* Federal Water Pollution Control Ad dna el regulations and gendarme leted meteader. IX. FALSE STATEMENTS CONCERM$fa HIGHWAY PROJECTS • 3. The the Arm sail promptly Why the 5141 of the receipt of any .N order to enure NO quality and durabw constmalonn confamfy mmminicatbn from to Menet.Mica of Federal Ac iv fes,EPA, wfthapproved Omani and a NO degree of reliability on Udldaltng that a Way that is or MI be taltted for teconhad is under staternet end reprsa datbm meds by consideration to be Wad on the EPA List of Violating Facades. Pete 7' • • b. The certification in Ws cause M a meed rapasmaUan or Catitcelon Regarding Getsmnent swpensl0n,kntftpfbtty Got upon which tierce wee pacedwh n line balm w'ss rated and Voluntary Ekckatbn-tower Tier Covered Transactions: Into. If it Is later determined the the prospective lovet tar partldpart krroMngry rendered an taloa eertmcdlon, if adettlm to other 1. The prospective tower tie furlkipsnl certifies,by aoomwian of remedies rabble to the Federal Caveman,the department, or Its proposal,that neither t net Its prfndpea is prettily debarred, agency'with vetch to transseton originated may pursue available suspended,proposed for derannert declared M6gtM,a vaunts* remadae,blab;euapemlen trete deWrmaM. axel ied torn participation h this transaction by any Federal depart- ! memaaga^cy. a The prospecties bur tar pubtent WA provide Immediate wiOte l notice to the person to which this prepost is submitted d at any 2.Whys the proepecdw lower de pertdpent Is watt to certify to erne to prospective loerger partic4anleama that is cettiatan no any or the statements in this cattatbn,such prospective perboipant erroneous by reason of clanged CdWmatalcee. _ she attach an expantron to this propofet. . d. The terra-covered transaction;"debarred,"'suspended,' "lint s, 'pantry covered transaction" 'padtipait "prion," "principal,—proposal end leluntuymCkrded,"named ketciacne, XL CERTIFICATION REGARDINti USE OF CONTRACT FUNDS • have the meanings set bud In the DeMgort and Ccwage sedans of FOR LOBBYING Mn implementing EomouR,e Order 17569. You may corded the person to which this proposaia sndxdted for aster=afste+ce In obtaining a. (Applicable to St Fedaralsid=mina-bon contracts and to at mated icor d those manta. subcontracts which tad II cO,tXtO-leg CFR 20) • 0.The prospetlke twirler paittipartimmes tweubnating this 1. The bid papal that,should the proposed transaction ba entered into, this a prospective enfant winesr by signing and satiating e stat not krndengy ear nto eery lower bet covered treriaection with • proposal,to 9q beat or Ns or her tcnavvad0e and begat,that: a person who Is debarred,traded,Seared in#Igtle,avoeaterey a. No Fedora appropriated lads have been pate awe be paid, erased from padkipsax In this comma Vensadtion.unless auto- by or on behalf of the unaligned,to VW Person for nMandkng a Med by the asthma aagenc i titch tistrmsection originated. abating to k*ete en otfar or employee of any Federal agency,a Member of Cause, an often or employee of Congress, a an • f. The protects la for pMkipart butler agrees by employee of a Member a.Cmgrwa h connection wth the Nan:Mg of eubrtlkptis propaWthat Awe Include this ataasetbeltartfratian anyFederal contrecttne milling of arty Federal MAL the making ofany Regarding Debermert,&apera,Mighty and VdunayEackaion- Federal loan,the entering no of arty dooperatve agreement,and the Law Tie Covered Tiernan,'vtal,w4&atfon,in el lower tar Menton,cathaataL rerwni,amendment,or int iication of any bad tntaadtrt and In el soge2Niort for kava ter covered Federal carload,grant,a,or cooperatve agreement. tramadilart. b. It any hods other than Federal appropriated funds have been • g. A parttpm in a arid tnneactan may rely upon a paled or wit be paid to any person for imkraneng a attempting to adMcdMn of a preapadte pwtdprt In a lower ON den d trauac- Influence an officer a employee of any Federal agency,a Member of tin tit Is nal deterred,suspended,height,or vaurdanty extkaled Congress,en ranter cc employee of Congress,or an employee of a from the covered transaction,unless R Mows the the certification Is Member of congress In connection aRh this Federal contract,grant. ennonama. A pall ant may deride the method and frequency by loan,a cooperative agreement,the undersigned that complete and which it determines the eagle tyof Pa pri pal.Each petC,ens may, srtma Standard Fain-LLL,"Disclosure Form to Report Lobbying,'in but a not required to,dick the Ncmproaawnent LLL accordance wan ba Instructan. • h. Nothing contained In the foregoing eat be oomtrued to 2. This aNficatlon M a material representation of fact urn which aka establishment of a system of records in order to render in good mance vas placed when this transaction was made.or entered into faith be certification required Dy this Must The MroMedge and Sut nisucn of this certification Is a prarequ`aYe for making or pterin Information of participant M rat ragman exceed that wticha rnrnwtty irsatis frarnacttaf Imposed by 31 U.S.0-1352. My pesonwho lags - • possessed by a enact tenon In the ordinary ansa of Mien to Me the asked antffcatb n shag be subject to a chi penalty of not dedngs. yeas than 110,000 end not more than 5100,000 For each such tatere. L Exact for transactions Mlwdced under paragraph•of tree 3 The prospective participant eters agrees by eubrdtkg It or tar • Instructions,t e peaklpant In a covered transaction tawtgty snare Da or proposal Chet he or she that requke that the angrage of Na into a lower tier cowed transaction with a person waa M suspended, certification be included n d Tower tar eubcadrsca,which steed debarred,Indi e,cc voluntarily exarded from pertietelon In the $100,000 and that ad suis recipients sial certify end dacbae eccord- lar ssdlan, h addlton to ower ferhedles available to the Fede kngy. Govemrna 1, the department or array with with aha transection orlpi tad rraypursue evdable remedies,including suspension dela debarment. • apse Exhibit D arenurve�fA6o Iteng aaclrng#sno� t Dear Parent or Caregiver, Your child's school wants to learn your thoughts about children walking and biking to school. This survey will take about 5- 10 minutes to complete.We ask that each family complete only one survey per school your children attend. If more than one child from a school brings a survey home, please'fill out the survey for the child with the next birthday from today's date. After you have completed this survey;send it back to the school with your child or give it to the teacher.Your responses will be kept confidential and neither your name nor your child's name will be associated with any results. Thankyoufor particlpating In this survey! frjkPPIAI.4 O4l't''SLUE=r-OI EICYdICAiVtY= -r .� �- school Name: IIII 111111111I1111111111111111111111111 / 1.What Is the grade of the child who brought home this survey? „ Grade(PK.K.12.3...) 2.Is the child who brought home this survey male or female?. El Male 0 Female 3.How many children do you have In Kindergarten through B!"grade? „ 4.What!stile street intersection nearest your home?(Provide the names of tvo Intersecting streets) 111111111111111111 and 111111111111H IIII 004xleag &3fi de baxzI€ o>Nat ea misf k`evHQ, `e nbi6 toz,a nd`x}ig'n lgai a ME1050 5.How far does your child livefrom school? 0 Less than 'k mile 0 'h mile up:to 1 mile ❑ More than 2 miles 0 'k mile up to'h mile ❑ 1 mile up to 2 miles 0 Dont know M-i c Aclear. ,41ho 4I" R ??La @k.1 ,4 i" eli..e} :ain tinkii,ejo o.- r�. + 6.On most days;hovi_does your child arrive and leave.for school?(Select one choice per column,mark box with X) Arrive.at school Leave from school 0 Walk 0 Walk Bike 0 Bike 0 School Bus 0 School Bus 0 Family vehicle(only children in your family) El Family vehicle(only children In your family) 0 Carpool:(Chiklren from other families) ❑ Carpool(Children from other families) El-Transit:(city.bus,subway,etc) 0Transit(city bus,subway,:etc). 0 Other(skateboard,scooter,Wine skates,etc.) 0 Other(skateboard,scooter, Mlle skates,etc.) + Fra a:fd � O: #Sit�.r2tAi Rktil" lf f1trale rea + 7. NOW long does it normally take your child to get to/fiotn school?(Select one choice per column, mark bok wdh X) Travel time to school Travel time from school 0 Less than 5 minutes 0 Less than 5 minutes 5.-.10reinutes ❑ 5-10:minutes 0 11-20"minutes: 0 11-20 minutes 0 More than 20 minutes 0 More:than 20 minutes 0 Don4'chow,/Not sure El Don't know/Not sure F w� 'W'� if^�fl��.y� ✓e"�-- j anZei yT„� .a.iu .try .��^ZZ e t •'�.t� aThISI ..I 3.:� RAZ^ r + [��'Ld^lE✓luF'. �� PFS��.FA4_R'f..<lY'�Y'1M�(F1Y�x��:.�y=j`f^.4� 2--V� -a.�r� 42' -0 Y y,`,~. f clS 4TH E.,( l?..„ , !- ,...„.„,„,a..,,,..„.„-_,42,,,_„. srg s nth s [ Y x "- 1 4-ems' .i<`;.^•r` �r ra..�i. � r#;,ro �yes�. o @ e _),MO t • 4at of, as to Vir z " 2 � aa ovF,. a.� x ,-...z r f.. „ . :t{ :'S. YSa. .�.:we �.ace : .�a� 1.r_ • 0. L.v :�a�-ar�.� � i + a . S School Name: Teachers First Name: Teachers Last Name: Ill lI 1 IIII Ill 11 11 1 11 111 Grade:(PK,K,1,2,3...) Mondays Date(Week cant was conducted) Number of Students Enrolled in Class: 11 $1 11 1111 IN 0 2 MM DD YYYY t 5 •Please conduct these counts on two of the following three days Tuesday,Wednesday,or Thursday. (Three days would provide better data If counted) •Please do not conduct these counts on Mondays or Fridays. •Before asking yourstudents to raise their hands, pleas read through all possible answer choices so they will Inion their choices. Each Student may only answer once. •Ask your students as a group the question"How did you arrive at school today?" •Then, reread each answer choice and record the number of students that raised their hands for each. Place just one character or number in each box. •Follow the same procedure for the question'How do you plan to leave for home after school?' •You can conduct the counts once per day but during the count please ask students both the school arrival and departure questions. •Please conduct this count regardless of weather conditions(i.e.,ask these questions on rainy days,too). Step 3.. Step 2. FII In the weather conditions and AM-"How did you arrive at school today?"Record the number of hands for each answer. i number of students in each class PM-"How do you plan to leave for home after school?"Record the number of hands for each answer. Weather Student Walk Bike School Bus yehide amfiy Carpool Transit Other TallyKey s=sunnY Re su Number m Only with Riding withj 0=overcast class when - - - • ildren f • "dr"from gdaw�ay etc. scooter,etc. SM=snow cotmt made your yota family •ther families Sample AM ° © N .©� ' ,©e` ' �"?�` a v ' 3 - ' ^ ,D ',,,Ali- �: : `�r r nom. .`.. .° 1WJS' ---- "' ..wT,r rer--- " ttom�. `.gm y 7 1 Sample PM.4.,,Er' num z.- y• fL S� f i r rro tl'a •. a a„t4. *" i--9 f4W'-yy4y�„s 7,..- "- 77ka-T ; -sc, csv i4 + a . ,5' --.447.77- --% ."--,-r ; Tues AM 't I _ s •f '� -0 r' s .. € i![jL !! t FLei�a.i TFu"tf 'p ,a3ff�r"r C cam' ' .' 3- v'r,>} `tet�'. .sm : Wed. • AM .aid r^ r:' ,r:'s s. -2 •-• tt s tg ill • y y a.. t3: -r' �'S. C 5. Wed PM ss _,__, -41 P14.A 5gi? ,L; ws:k;_cis t - 4T. -.F '� c .ins ;t ' j3 Er r } mss}, til - •"q.: •11-,iF VS-•T'` Thurs.AM EA yjE � `f- �t �. ,r f Thurs.PM �a. 2g ��t- ■ r. .._..�_. ` °A gici Please list any disruptions to these counts or any unusual travel conditions to/from the school on the days of the tally. an 7 ' E. rr au. � ''g^€y, t.o yah ` al. fne. .1- res-wr" `Y ] } ra.:tt Litt* ,a.:.t- -#;:' 'dxi3It rW e.'. •L�'i '�-s: _ _ c�.=' c erja. szsk 1 ± I 1 i 1