HomeMy WebLinkAboutOrd.4145.08-16-2010 BILL NO. 10-97 ORDINANCE NO. V
AN ORDINANCE ACCEPTING A GRANT FROM THE
MISSOURI DEPARTMENT OF TRANSPORTATION FOR
THE SAFE ROUTES TO SCHOOL PROGRAM, 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 accept a
grant from the Missouri Department of Transportation for the
Safe Routes to School Grant Program, and is hereby authorized to
execute all necessary grant documents .
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage and approval . l
PASSED AND APPROVED THIS DAY OF j/,S ,
20 IQ
ediger, Mayor
ATTEST :
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Gayle . Conrad, City 4�
�THE IIIVI®PI
SIRAL
CCO Form: HS4 Safe Routes To School
Approved: 10/06 (BDG) City of Cape Girardeau
Revised: 03/10 (MWH) SRTS-NI-H300(502)
Modified:
CFDA Number: #20.205
CFDA Title: Highway Planning and Construction
Award name/number: SRTS — NI - H300(502)
Award Year: 2010
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 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/ACTIVITY: The Safe Routes to
School funds which are the subject of this Agreement are for the activity at the following
location: Continuation and expansion of the Walking School Bus program at Alma
Schrader, Franklin, and Clippard Elementary Schools in the Cape Girardeau Public
School in Cape Girardeau, Missouri. Implementation of a school crossing guard at
Franklin Elementary School in the Cape Girardeau Public School in Cape Girardeau,
Missouri. The general location of the activity is shown on 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 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.
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(B) The Grantee will require any contractor procured by the Grantee 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 the Missouri Department of
Transportation and its employees, as additional named insureds in amounts sufficient to
cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant
and $3,000,000 per occurrence) 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.
(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 party's applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(4) 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 Grantee,and the Commission. .
(5) COMMISSION REPRESENTATIVE: The Commission's 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.
(6) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Grantee agrees as follows:.
(A) Civil Rights Statutes: The Grantee 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 Grantee 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 Grantee 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
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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
United States Department of Transportation. The Grantee will take such action with
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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 Grantee becomes
involved or is threatened with litigation with a subcontractor or supplier as a result of
such direction, the Grantee may request the United States to enter into such litigation to
protect the interests of the United States.
(7) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(8) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Grantee shall comply with all local,
state and federal laws and regulations relating to the performance of this Agreement.
(9) CANCELLATION: The Commission may cancel this Agreement at any
time for a material breach of contractual obligations by providing the Grantee with
written notice of cancellation. Should the Commission exercise its right to cancel this
Agreement for such reasons, cancellation will become effective upon the date specified
in the notice of cancellation sent to the Grantee.
(10) ACCESS TO RECORDS: The Grantee 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 Grantee
receives reimbursement of their final invoice from the Commission.
(11) ACQUISITION OF RIGHT OF WAY: No acquisition of additional right of
way is anticipated in connection with Activity SRTS-NI-H300(502) or contemplated by
this Agreement.
(12) MAINTENANCE OF DEVELOPMENT: If the activity 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 activity 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 or its
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
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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.
(13) 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.
(14) 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 rata share for this project will
be 100 percent not to exceed $22,089.11. 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.
(B) The authority to advertise for bids shall be granted by the
Commission when all right-of-way clearances, environmental clearances, and the
approval of the PS&E have been completed. Any costs incurred by the Grantee prior
to authorization from FHWA and notification to proceed from the Commission are
not reimbursable costs.
(C) In the event that the Grantee does not submit the PS&E for this
activity by Grantee, and does not have construction authorization (authority to advertise
for bids) by Grantee, the Grantee agrees to reimburse the Commission for any monies
previously reimbursed to the Grantee under this Agreement. All monies previously
programmed or spent for this activity shall be surrendered by the Grantee at this time.
Any costs incurred by the Grantee prior to authorization from FHWA and
notification to proceed from the Commission are not reimbursable costs.
(D) In the event that the Grantee does not complete the activity within
the timelines set forth in the Safe Routes to School Administrative Guidelines Issued
03/01/10, all monies previously programmed or spent for this activity shall be
surrendered by the Grantee at this time to the Commission. Any costs incurred by
the Grantee prior to authorization from FHWA and notification to proceed from
the Commission are not reimbursable costs.
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(E) The Grantee shall complete the "SURVEY ABOUT WALKING AND
BIKING TO SCHOOL FOR PARENTS" (Survey) for each child in the grades
Kindergarten (K) through 8 of each school involved in the application. An example of
the Survey form is attached hereto as Exhibit B and incorporated herein by reference.
The Grantee shall complete the Survey prior to the activity beginning. The Grantee
shall complete the Survey again within 6 months following the completion of the activity.
The Grantee shall complete the "SAFE ROUTES TO SCHOOL STUDENT ARRIVAL
AND DEPARTURE TALLY SHEET" (Tally Sheet) for each child in the grades of K-8 of
each school listed in the application prior to the activity beginning and again within 6
months following the completion of the activity. An example of the Tally Sheet form is
attached hereto as Exhibit C and incorporated herein by reference. The Surveys and
Tally Sheets are a requirement of the applicant per the Safe Routes to School
Administrative Guidelines Issued 03/01/10. All costs incurred by the Grantee for
the Surveys or Tally Sheets are non-reimbursable. In the event that the Grantee
does not meet these requirements, all monies previously programmed or spent
for this activity shall be surrendered by the Grantee at this time to the
Commission.
(15) USE OF FUNDS: Any employee of Grantee whose salary or wages are
paid in whole or in part with federal funds is prohibited from participating in certain
partisan political activities, including, but not limited to, being a candidate for elective
office pursuant to Title 5 United States Code (hereinafter, "U.S.C."), Sections 1501-
1508. If an employee of Grantee participates in activities prohibited by the Hatch Act,
Grantee shall no longer pay that employee's salary or wages with federal funds unless
the requirements of 5 U.S.C. Sections 1501-1508 are not applicable to that employee
pursuant to 5 U.S.C. Section 1502(c).
(16) PROGRESS PAYMENTS: The Grantee may request that progress
payments be made during the construction of the herein improvements. The Grantee
shall submit to the Commission any invoice for progress payments no less than on a
monthly basis. The Grantee shall repay any progress payments which involve ineligible
costs.
(17) 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.
(18) INSPECTION OF IMPROVEMENTS AND RECORDS: The Grantee shall assure
that representatives of the Commission and FHWA shall have the privilege of inspecting
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and reviewing the work being done by the Grantee 's contractor and subcontractor on
the herein activity. 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.
(19) CREDIT FOR DONATIONS OF FUNDS, MATERIALS OR SERVICES: A
person may offer to donate funds, materials or services in connection with this activity.
Any donated funds, or.the fair market value of any donated materials or services that
are accepted and incorporated into this activity shall be credited according to 23 U.S.C.
§323.
(20) DISADVANTAGED BUSINESS ENTERPRISES: The Commission will
advise the Grantee of any required goals for participation by disadvantaged business
enterprises 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.
(21) 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.
(22) NOTICE TO BIDDERS: The Grantee 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.
(23) FINAL AUDIT: The Commission may, in its sole discretion, perform a final
audit of activity costs. The United States Government shall reimburse the Grantee,
through the Commission, any monies due. The Grantee shall refund any overpayments
as determined by the final audit.
(24) OMB AUDIT: If the Grantee expends five hundred thousand ($500,000)
or more in a year in federal finance 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 the Missouri Department of Transportation (MoDOT) within
thirty (30) days of the issuance of the report. Subject to the requirements of OMB
Circular A-133, if the Grantee expend(s) less than five hundred thousand ($500,000) in
a year, the Grantee may be exempt from auditing requirements for that year but records
must be available for review or audit by applicable state and federal authorities.
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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
8
RECEIVED
MAY 2 7 2011
CCO Form: HS4 ®iOCity of Cape Girardeau
Approved: 10/06 (BDG) PLANNING -SRTS-INF-H280(106)
Revised: 12/10 (MW H)
Modified:
CFDA Number: #20.205
CFDA Title: Highway Planning and Construction
Award name/number: SRTS-INF-H280(106)
Award Year: 2010
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 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 which are the subject of this Agreement are for the project at the following
location: Sidewalk construction on west side of Clark Ave. from Broadway to New
Madrid near St. Vincent de Paul Elementary, east side of Clark Ave. from Broadway to
Themis near Central Middle School and Central Junior High School, east side of
Cordelia Ave. from Independence to Whitener near Central Middle School and Central
Junior High School, east side of Sheridan Dr. from William St. to Independence near
Central Middle School and Central Junior High School, west side of Minnesota Ave.
from William St. to Independence near Central Middle School and Central Junior High
School, east side of Keller Ave. from Independence to Themis near Benjamin Franklin
Elementary School, west side of Keller Ave. from Themis to Luce near Benjamin
Franklin Elementary School, west side of Louisiana Ave. from Whitener to Alley near
Benjamin Franklin Elementary School. The general location of the project is shown on
an attachment marked "Exhibit A" and incorporated herein by reference.
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(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. .
(B) The Grantee will require any contractor procured by the Grantee 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 Grantee 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 party's applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(4) 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 Grantee and the Commission.
(5) COMMISSION REPRESENTATIVE: The Commission's 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.
(6) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Grantee agrees as follows:
(A) Civil Rights Statutes: The Grantee shall comply with all state and
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federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 19641 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 Grantee 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 Grantee 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 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
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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
United States Department of Transportation. The Grantee 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 Grantee becomes .
involved or is threatened with litigation with a subcontractor or supplier as a result of
such direction, the Grantee may request the United States to enter into such litigation to
protect the interests of the United States.
(7) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(8) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Grantee shall comply with all local,
state and federal laws and regulations relating to the performance of this Agreement.
(9) CANCELLATION: The 'Commission may cancel this Agreement at any
time for a material breach of contractual obligations by providing the Grantee with
written notice of cancellation. Should the Commission exercise its right to cancel this
Agreement for such reasons, cancellation will become effective upon the date specified
in the notice of cancellation sent to the Grantee.
(10) ACCESS TO RECORDS: The Grantee 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 Grantee
receives reimbursement of their final invoice from the Commission.
(11) FEDERAL-AID PROVISIONS: Because responsibility for the
performance of functions or work contemplated as part of this project is assumed by the
Grantee, and the Grantee may elect to construct part of the improvement contemplated
by this Agreement with its own forces, a copy of Section II and Section III, 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
Grantee" is to be substituted. The Grantee agrees to abide by and carry out the
4
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condition and obligations of "the contractor" as stated in Section II, Equal Opportunity,
and Section III, Nonsegregated Facilities, as set out in Form FHWA 1273.
(12) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of
right of way necessary for the completion of the project, Grantee shall acquire any
additional necessary right of way required for this 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, 49 CFR Part 24 and any other regulations promulgated in connection 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 or its
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 $176,449.40. The calculated federal share for seeking
federal reimbursement of participating costs for the herein improvements will be
5
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
Commission when all right-of-way clearances, environmental clearances, and the
approval of the Plans, Specification and Estimate (PS&E) have been completed. Any
costs incurred by the Grantee prior to authorization from FHWA and notification
to proceed from the Commission are not reimbursable costs.
(C) In the event the Grantee does not submit the PS&E for this project,
and the Grantee does not have construction authorization (authority to advertise for
bids), the Grantee agrees to reimburse the Commission for any monies previously
reimbursed to the Grantee under this Agreement. All monies previously programmed or
spent for this project shall be surrendered by the Grantee at this time. Any costs
incurred by the Grantee prior to authorization from FHWA and notification to
proceed from the Commission are not reimbursable costs.
(D) In the event the Grantee does not complete the project within the
timelines set forth in the Safe Routes to School Administrative Guidelines Issued
03/01/2010, all monies previously programmed or spent for this project shall be
surrendered by the Grantee at this time to the Commission. Any costs incurred by
the Grantee prior to authorization from FHWA and notification to proceed from
the Commission are not reimbursable costs.
(E) The Grantee shall complete the "SURVEY ABOUT WALKING AND
BIKING TO SCHOOL FOR PARENTS" (Survey) for each child in the grades
Kindergarten (K) through 8 of each school involved in the application. An example of
the Survey form is attached hereto as Exhibit D and incorporated herein by reference.
The Grantee shall complete the Survey prior to the project beginning. The Grantee
shall complete the Survey again within 6 months following the completion of the project.
The Grantee shall complete the "SAFE ROUTES TO SCHOOL STUDENT ARRIVAL
AND DEPARTURE TALLY SHEET" (Tally Sheet) for each child in the grades of K-8 of
each school listed in the application prior to the project beginning and again within 6
months following the completion of the project. An example of the Tally Sheet form is
attached hereto as Exhibit E and incorporated herein by reference. The Surveys and
Tally Sheets are a requirement of the applicant per the Safe Routes to School
Administrative Guidelines Issued 03/01/2010. All costs incurred by the Grantee
for the Surveys or Tally Sheets are non-reimbursable. In the event that the
Grantee does not meet these requirements, all monies previously programmed or
spent for this project shall be surrendered by the Grantee at this time to the
Commission.
6
(16) USE OF FUNDS: Any employee of Grantee whose salary or wages are
paid in whole or in part with federal funds is prohibited from participating in certain
partisan political activities, including, but not limited to, being a candidate for elective
office pursuant to Title 5 United States Code (hereinafter, "U.S.C."), Sections 1501-
1508. If an employee of Grantee participates in activities prohibited by the Hatch Act,
Grantee shall no longer pay that employee's salary or wages with federal funds unless
the requirements of 5 U.S.C. Sections 1501-1508 are not applicable to that employee
pursuant to 5 U.S.C. Section 1502(c).
(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 amounts equal 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
are accepted and incorporated into this project shall be credited according to 23 U.S.C.
§323.
(21) DISADVANTAGED BUSINESS ENTERPRISES (DBE): The Commission
7
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.
(23) NOTICE TO BIDDERS: The Grantee 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.
(24) FINAL AUDIT: The Commission may, in its sole discretion, perform a final
audit of project costs. The United States Government shall reimburse the Grantee,
through the Commission, any monies due. The Grantee shall refund any overpayments
as determined by the final audit.
(25) OMB AUDIT: If the Grantee 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 Grantee expend(s) less than
five hundred thousand dollars ($500,000) a year, the Grantee may be exempt from
auditing requirements for that year but records must be available for review or audit by
applicable state and federal authorities.
(26) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
OF 2006: The Grantee 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.
[Remainder of Page Intentionally Left Blank]
8
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below. 01
Executed by the Grantee this /0 day of ' 20
f&
Executed by the Commission this c j day of M QLA , 20
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF CAP IRARDEAU
By
Title Chief Engineer
Title
Off` >
ATTEST:
By
Sqpktwy to Ne Commission
Title
Approved as to F rm: Approved as to Form:
is 'on o el ` '
LIWV
Title
Ordinance No
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9
SRTS-INF-H280(106) Project Location
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61
Southeast District 0 0.25 0.5 1 Miles N
1DCYF 2675 North Main St-
Sikeston,MO 63801
Phone: (573)472-5335 WE
Fax: (573)472-5351 +
February 25.2010 Exhibit A S
FNMA-1773 Electronic�easlon--March 10 i 994
ROEQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Page _ ^6 Selection of Labor. During the performance of this contract,the
1. General ...................................... 1 contractor shall not
ll. Nondiscrimination .......................: ..... 1
Ili. Nonsegregauad Facilities ............. . 3 a. discriminate against labor from any other State,possession,
W. Payment of Predetermined Minimum Wage........... 3 or territory of the United States(except for employment preference for
V. Statements amt Payrolls ........................ 6 Appelachlan contracts,when applicable,as specified In Attachment A).
VI. Record of Materials.Supplies,and Labor ............ 6 or
VII. Subletting or Aasigning the Contract ................ 7
VIII. Safety Accident Prevention ...................... 7 b. employ convict labor for any purpose within the Iknrts of the
IX. False Statements Concerning Highway Projects ....... 7 project unless it is labor performed by convicts who are on parole,
X- finplementation of Clean Air Act and Federal supervised release,or probation.
Water Pollution Control Act ......... ............. 6
XI. CeNficatim Regarding Debarment,Suspension,
Ineligibility,and Voluntary Exclusion ................ 6 IL NONDISCRIMINATION
Xll. Certtficatlon Regardtng Use of Contract funds for
Lobbying ...................................... 9 (Applicable to all Federal-aid construction contracts and to all related
subcontracts of$10,000 or more.)
ATTACHMENTS
1. Equal Employment Opportunity: Equal empti yment opportu-
A. Employment Preference for Appalacinian Contracts. nity (EEO) requirements not to discriminate and to take affirmative
(Included in Appaiachisn contracts only) action to assures equal opportunity as set forth under laws,executive
order,rules,regulations(28 CFR 35,29 CFR 1630 and 41 CFR 60)
and orders of the Secretary of Labor as modified by the proviarom
1. GENERAL prescribed herein, and imposed pursuant to Z3 U.S.C. 140 shag
constitute the EEO andspecificaffirmative action standards for the
1.These contract praAsiona shall apply to as work pertarmed on the contnector's project activities undarthis contract The E gtal Opporhumily
contract by the cords Wo own organization and vrttit the assistance of Construction Contract Specification set forth under 41 C FR 60-4.3 and
workers under the corntractoes Immediate supertitendence and to all the provisions of the American Disabilities Act of 19W (42 U.S.C.
work performed on the contract by piaowm*, station work, or by 12101 at seg.)set forth under 25 CFR 35 and 29 CFR 1630 are
subcontract. Incorporated by reference in this contract. In the execution of this
contract the contractor agrees to comply w6hh ft following minimum
2. Except as otherwise provided for in each section,the contractor specific requirement activities of EEO:
shall Insert in each subcontract all of the stipulations contained in these
Required Contract Provisions,and further require their inclusion in any e. The contractor will work with the State highway agency(SHA)
lower tier subobrntract or purchase order that may in tum be made. The and the Federal Government in carrying out EEO obligations and in their
Required Contract Provisions shad not be incorporated by reference in review of his/her activities under the contract.
any case. The pry contractor chap be responsible for compliance by
any subcontractor or lower tier subcontractor with these Required b.The oorftctor will accept as his operating policy the tollovri V
Contract Provisions. sWemermt
3. A breach of any of the stipulations contalned in these Required 'It Is the policy of this Coropany to assure that applicants are
Contract Provisions shall be sufficient grounds far termination of the employed,and that employees are treated during employment,
contract. without regard to their race,religion,sax,color,national origin,age
or disatfdtty. Such action shall imdude:employment.upgradIrV,
A. A breach of the following clauses of the Required Contract demotion,or transfer,recruitment or recruitment advertising;layoff .
Provisions may also be grounds for debarment as provided in 29 CFR or taiminstion;rates of pay or other forms of compensation;and
5.12 selection fortraiming,including apprenticeship,preapprentkeship,
andlor on-ti e-job training
Section I,paragraph 2;
Section IV,paragraphs 1,2,3,4,and 7; 2. EEO Officer: The rordractor will designate and make known to
Section V,paragraphs 1 and 2a through 2g. the SHA contracting officers an EEO Offfarwhowlp have the response-
btfnty for and must be capable of effectively administering and promoting
S. Disputes arising out of the labor standards provisions of Section an active contractor program of EEO and who must be assigned
IV(except paragraph 5)and Section V of these Required Contract adequate authority and responsibility to do so.
Provlslons shop not be subject to the general disputes clause of this
contract. Such disputes shag be resolved in accordance wwfth the 3. Dissemination of Policy: All members of the contractor's staff
procedutres of the U.S.Department of Labor(DOL)as set forth in 29 who are authorized to hire,supervise,promote,and discharge employ-
CFR S,S.and 7. Disputes within the meaning of this clause Include ees,or who recommend such action,or who are substantially Involved
disputes between the contractor(or any of Its subcontractors)and the in such action,will be made"cognizant of,and will imptemeit,the
contracting agency,the DOL, or the contractor's employees or their contractors EEO policy and contractual responsibilities to provide EEO
representatives. in each grade and classification of employment. To ensure that the
above agreement wig be met,the following actions will be taken as a
minimum:
P*g•1
a. Periodic meetings of supervisory and personnel office c. The corrtractor wilt periodically review selected personnel
employees will be conducted before the start of work and then not less actions in depth to determine whether.there is evidence of discilmi-
often than once every six months,at which time the contractor's EEO nation. Where evidence is found,the contractor wine promptly take
policy and Its Impferrbntation will be revlewed and explained. The corrective action. if the review indicates that the discrimination may
meetings will be conducted by the EEO Officer. extend beyond the actions reviewed,such corrective action shall Include
all affected persons.
b.AD new supervisory or personnel office employees will be given
a thorough indoctrination by Me EEO Officer,covering M major aspects d. The contractor win promptly investigate all complaints of
of the contractor's EEO oblIgaftm within thirty days following their alleged discrimination made to the contractor in connection wfih his
reporting for duty with the contractor. obligations under this contract,coni attempt to resolve such complaints,
and win take appropriate corrective action Mftn a reasonable time. if
c. An peraonnet who are engaged in direct recruitment for the the Investigation indicates that the discrimination may affect persons
project win be instructed by the EEO Officer In the contractor's other than the complainant,such corrective action shall include such
procedures for locating and hiring minority,group employees. other persons. Upon completion of each investigation,the contractor
d. Notices and posters setting forth the contractors EEO policy will inform every complainant of an of his avenues of appeal.
will be placed in areas readily accessible to employees,applicants for
employment and potential ampbymm.
a. The contractor's EEO policy and the procedcaesto implement 6. Training and Profrrotion:
such policy will be brought to the attention of employees by means of
meetings,employee handbooks,or other appropriate means. a.The contractorwill assist In locating,qualifying,and increasing
the skins of minority group and women employees.and applicants for
4.Recrutbnent:When advertising for employess.thecartractorwill employment.
rndude in en advertisements for employees the notation: 'An Equal
Opportunity Employer" AN such advartisemerds will be placed In b_ Consistent with the contractor's work force requirements and
publications having a large circulation among minority groups in the area ss permissible under Federal and State regulationa,the contractor shall
from which the project work force would normally be derived. make fun use of training programs,i.e.,apprenticeship,and on-the-job
training progname for the geographical area of contract performance.
a. The contractor will,unless precluded by a vaUd.bargaining Where feasible,25 percent of apprentices or trainees in each occups-
agreement,conduct systorrratle and direct recruitment trough pubtlo tion stall be in their first year of apprenticeship or training. In the event
arta prtvate arrooa a referral sources&ety to yield qualified mtrnorlty a special provision for training is provided under this contract,this
group applicarits. To meet this requwament,the contractor writ ides" subparagraph will be superseded as indicated in the specaf provision.
sources of potential minor4y group employees,and establish with such
Wended sources proeedu res whereby minority group appliaras may a The contractor will advise employees and applicants for
be referred to tie contractor for smpkhy r*V carmidsration, employment of available tralftV programa and entrance requirements
for each.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive Hrag hall referrals,he is uuxpected to observe the d. The connector will peniocficaify, review the training and
provisions of that agreement to the extent that the system permits the promotion potential of minority group and women empkrye"and will
contractor's compliance with EEO contract provislam. (The DOL has encourage eligible employees to apply for such training and promotion.
held that where Implementation of such agreements have the effect of
discriminatirhg against minorities qr women,or obligates the contractor 7. Unlons: If the contractor relies In whole or In part upon unions as
to do the same,such implementation violates Executive Order 11248, a source of employees,the contractor Wil use his/her best efforts to
as amended.) obtain the cooperation of such unions to increase opportunities for
minority groins and women within the unions,and to effect referrals by
c. The contractor will encourage his present employees to refer such unions of minority and female employees. Actions by the
minority group applicants for employment. Information and procedures contractor either directly or through a contractor's association acting as
with regard to referring minority group applicants will be discussed wdh agent will Qhelude the procedures set forth below:
employees.
a. The contractor will use best efforts to develop,in cooperation
S. Personnel Actions: Wages,working conditions,and employee with the unions,joint training programs aimed toward qualifying more
beneftts shall be established and administered,and personnel actions minority group members and women for membership in the unions and
of every type,including hiring,upgrading,promodon,transfer,demotion, increasing the skills of minority group employees and women so that
layoff,and tsmtination. shall be taken without regard to race,erobr, they may qualify for higher paying errployrnent.
religion,sex,national origin,no or disability. The following procedures
shall be followed: b. The contractor will use best efforts to incorporate an EEO
clause Into each union agreement to the end that such union will be
a.The contractor will conduct periodic inspections of project sites contracWerly bound to refer applicants without regard to their race,color,
to insure that working conditions and emptoyea fecMes do not indicate religion,sex,rMonai origin,age or disability.
discrmhinatory treatment of project site personnel.
c. The contractor is to obtain information as to the referral
b. The cordractor will periodically evaluate the spread of wages practices and policies of the labor union accept that to the extent such
paid within each classification to determine any evidence of discrirrina- information Is within the exclusive possession of the labor union and
WN wage practices. such labor union refuses to furnish such information to the contractor,
the contractor shall so cartlfy to the SHA and shall set forth v"efforts
have been made to obtain such information.
Pepe 2
d. In the evert the union is unable to provide the contractor with M. NONSEGREGATED FACILITIES
a reasonable flow of minority and warren referrals within the time limit
set forth in the collective bargainirg agreement, the contractor will, (Applicable to all Federal-aid construction contracts and to all related
through independerd recruitment efforts,fail the employ merit vacancies subcontracts of 510,000 or more.)
without regard to race, color, regglon, sex, national origin, no or
disability;makktgfull etfortstoobtatnqualified andlorqualifiabieminority a. By submission of this bid, the execution of this contract or
group persons and women. (The.DOL has hell that it shall be no subcor>trad,or the consummation of this material supply agreement or
excuse that the union with which the contractor has a collective purchase order,as appropriate, the bidder. Federal-eld construction
bargaining agreement provkdhq for exclusive referral failed to refer contractor,subcontractor,material supplier,or vendor,as appropriate,
minority employees.) In tine event the urhia referral practice prevents certifies that the from does not maintain or provide for its employees any
tate contractor from me"the obligations pursuant to Executive Order segregated fadNties at any of its estatr(ishments,and that the firm does
11246,as amended,and these special provisions,such contractor shag not permit its employees to pedwm their services at any location,under
Immediately notify the SHA its control,where segregated facilities are maintatned. The firm agrees
that a breach of this certification is a violation of the EEO provaiors of
8. Saledfon of Subcontractors.Procurement of Materials and this contract: The firm further Certifies that no employee wit be denied
Leasing of Equfprrrent: The contractor shop not discriminate on the access to adequate facilities on the basis of sex or disability.
grounds of race,color,religion,sex,national origin,age or disability in
the selsrxion and retention of subcontractors,ung procurement of b. As used in thls certification,the term'segregated facilities"
.matwints and leases of aquipment. means, any waiting rooms, work areas, restrooms and washrooms,
restaurants and otter eating areas,tmadodis,locker roams,and other
a. The contractor shall notify all potential subcontractors and storage or dressing areas,parking lots,drinking fountahs,recreation or
suppliant of What EEO obtigatons under this contract- entertalxnent areas,transportation,and housN facilities provided for
employees wtdch are segregated by explicit directive,or are,in fact,
b. Disadvantaged business enterprises(DBE),as defined In 49 segregated on the basis of race,color,religion,national origin,age or
CFR 23, snag neve equal opportunity to compete for and perform disability, because of habit, local custom, or otherwise. The only
subcontracts which the contractor enters Into pursuant to thts contract. exception will be for the disabled when the demands for accessibility
The owitractor wig use his treat effata to solicit IAds from and to utilize override(e.g.disabled parking).
DBE subcontractors or subcontractors with masnuWul minority group
and pmsia rhepresentstiom wrong their employe". Contracts shah. c. The contractor agrees that it has obtained or will obtain
obtain lists of DBE construction firms from SHA personnel. identical certification from proposed subc:ontractas or material w*pGars
pnor to award of subcontracts or consummation of material suppty
c.The contractor will use No heat aft to to ensure Subcontractor agreetrents of S 10,000 or more and that it will retain such cartitficatiahs
cornplIance with their EEO obligations. In its files.
9. Records and Reports: The contractor strap keep such records
as necessary to dominent corr>pla nce with the EEO requirements. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
Such records%W be retained for a period of three years fotlowing
completion of the contract work and shag be available at reasonable (Applicable to ag Federat-ald construction contracts exceeding
times and places for Inspection by authorized representatives of the $2.000 and to all related subcontracts,except for projects located on
SHA grid the FHWA. roadways classified as local roads or rural minor collectors,which are
exempt.)
a. The records kept by the contractor shag document the
followhhg: 1. Gerherat:
(1)The number of mhw fly and non-mhoritygroup members a.Ag mechanics and laborers employed of working upon it*site
and worsen employed in each work classification on the project; of the work wit be paid unconditionally and not less often than once a
week and without subsequent deduction or rebate on any account
(2)The progress and efforts being made In cooperation with (except such payroll deductions as are permitted by regulations(29 CFR
unions, when applicable, to Increase employment opportunities for 3)issued by the Secretary of Labor under the Copland Act(40 U.S.C.
mamilles and women; 276c))the full amounts of wages and bona fide fringe benefits(or cash
equivalerds thereof)due at time of payment. The payment stag be
(3) The progress and efforts being made in lord,hhvq, computed at wage rates not less than thane contained in the wage
training,qualif tog,and upgrading minority and female employees:and determination of the Secretary of Labor(bominatter'the wage deter s-
notion-)which is attached hereto and made a part hereof,regardless of
(a) The program and efforts being made in securing the any contractual relationship which may be alleged to exist between the
services of DBE subcontractors or subcontractors with meaningful contractor or its subcoritraclars and such laborers and mechanics.The
minority and female representation amaq their employees. wage determination(mduding any additional classifications and wage
rates conformed under paragraph 2 of this Section IV and the DOL
b. The contractors wftl submit an annual report to the SHA each poster(WHA 321)or Form FHWA-1485)shag be posted at all times by
July for the duration of the project,htdicathg the number of minority, the contractor and its subcontractors at the site of the work In a
women,and nonanincrlty group employees currently engaged In each prominent and accessible place where it can be easily seen by the
work classification required by tris contract wok This Information Is to workers. For the purpose of this Section,corhtrbhrtiahs made or costs
be reported on Foran FHWA-1391. if o n-thHob traWng Is being reasonably anticipated for bona fide fringe beneftts under Section
required by special provlaion,the contractor will be required to collect 1(b)(2)of Ire Davis-Bacon Act(40 U.S.C.278a)on behalf of laborers
and report trahirq data. or mechanics are considered wages paid to such laborers or mechan-
ics,subject to the provisions of Section IV,paragraph 3b,hereof. Also,
for the purpose of this Section, regular contributions made or costs
incurred for more then a weekly period(but not less often than quarterly)
under pians, funds, or programa, which cover the particular weekly
period,are deemed to be constructively made
Pap•3
or incurred during such weekly period. Such laborers and mechanics from the Oro day on which work is performed in the classification.
shalt be paid the appropriate wage rate and fringe benefits on the wage
determination for the clasOcalim of work sdualty performed,withal 3. Payment of Fringe Benefits:
regard to skill,except as provided In,paragraphe 4 and 5 of this Section
IV. a. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics Mcludes a fringe benefit which is
b. Laborers or mechanics performing work In more than one not expressed as an hourly rate,the contractor or subcontractors,as
ciassification may be compensated at the rate specified for each appropnate,shad either pay the benefit as stated in the wage determirm-
classifooation for the time aohrally worsted therein, provided,that the tion or shed pay another bone fide fringe beWd or an hourly case
employer's payrod records a0wately act forth the time spent in each equivaktott theteof.
classification in which work is performed.
b. If the contractor or subcontractor,as appropriate,does not
c. All rulings and interpretations of the Davis-Bacon Act and make payments to a trustee or other third person,helshe may consider
related acts contained in 29 CFR 11,3,and 5 are herein incorporated by as a part of the wages of any laborer or mechanic the amount of any
reference In this contract. costs reasonablyanticipeoted In providing bona fide fringe benefits under
a plan or program,provided,that the Secretary of Labor has found,upon
2. ClassitkaWFIC the written request of the contractor,that the applicable standards of the
Datis-Bacon Ad have been met The Secretary of Latex may ret)ufre
a- The SHA contracting officer shah neq<me that airy tine of the contractor to set aside in a separate account assets for the meeting
laborers or mechanics employed under the contract,which is not Crated of obligations under the plan or program.
in the wage determination.shall be classified in conformance with the
wage determination. 4. Appronticas and Trainees(Programs of the U.S.DOL)and
Helpers:
b. 'Tire contrachW officer shall approve an additional classifica-
tion,wage rate and fringe benefits only when the following criteria have a. Apprentices:
been met:
(t) Apprentices will be permitted to work at less than the
(1) the work to be performed by the additional clasaifleatlon predetermined rate for the work they performed when they are employed
requested is nor perforated by a classification in the wage determination; pursuant to and'individually registered m a bons fkk apprenticeship
program registered with the DOL,Employment and Training Adminisha-
(2) the additional ciasaificatfon Is utilized In the area by the tion,Bureau of Apprenticeship and Training,or withs State apprentice-
construction Industry; ship agency recogMzed by the Bureau,or if a person Is employed In
hisfttotr first 90 days of probationary employment as an apprentice in
(3) the proposed rage rate,includi ig any bons fide fringe such an apprenticeship program,who is not ittdividuslly registered in the
barWh.bears a reasonable relationship to the wage rates cordahted in program.but who has been cq fted by the Bureau of Apprenticeship
the wage determination;end aril Training or a State apprenticeship sgancy(where appropriate)to be
eligible for probationary employment as an apprentice.
(4) with respect to helpers, hnhw such a Classification
prevails in the area in which the work is performed. (2) The allowabis ratio of apprentices to journeyman-level
employees on the job site in any craft classification shah not be greater.
c.If ft contractor or subcontractors,Im appropriate,the laborers than the ratio permitted to the contractor as to me entire work force
and mechanics(if known)to be employed in the additional claselficatlon under the negietered program. Any employee listed on a payroll at an
or their representatives, and the contracting officer agree on the apprentice wage rate,who is not registered or otherwise employed as
dasadicatim and wage rate(;mclud ng the amount designated for fringe stated above,shed be paid not less then the applicable wage rate Gated
beneflts where appropriate),a report of time action taken shad be sent by in the wage determination for the classification of work actually per-
Me contracting officer to the DOL,Administrator of the Wage and Hour formed. In addition,any apprentice performing work on the job site in
Division, Employment Standards Administration, Washington, D.C. excess of the ratto permitted under the registered program shad be paid
20210. The Wage and HourAdministrator,or an authored represents- not fess than the applicable wage rate on the wage determination for the
tive.will approve,modify,or disapprove every additional classification work actually performed. Where a contractor or subcontractor is
action vvitftit 30 days of receipt and so advise the contracting officer or performitg construction an a project in a locality other than that in which
will notify the contracting officer within the 30-day period that additional ks program is registered, the ratios and wage rates (expressed n
time is necessary. partantages of the joumeyman4evet hourly rate) specifies in the
contractor's or wAKentractoes registered program shaft be observed.
d. In the event the contractor or subcontractors,as appropriate,
the laborers,or mechanics to be employed In the additional dessiflaabon (3) Every apprentice must be paid at not less then the rate
or their representatives,and the contracting officer do not agree on the specified in the registered program forthe apprentice's level of progress,
proposed uiassificatlon and wage rats(Including the amount designated expressed as a percentage of the journeyman-level hourly rate specified
for fringe benefits,where appropriate),the contracting officer shalt refer in the applicable wage determination. Apprtrdices shall be paid hinge
the questions, including the views of all Interested parties and the benefds in accordance with the provisions of the apprenticeship
recommendation of the caRracting officer, to the Wage and Hour program-it the apprenticeship program do"not specify fringe benefits.
AdmMistratot for deterrniration. Said Admitfatrew,or an authorized apprentices must be paid the full amount of fringe benefits Gated on the
representative.wile issue a determination within 30 days of receipt and wage detem*Wlamforthe applicable clanificatim.If the Administrator
so advise the eons racting otfoaer or will notify the contracting officer for the Wage and Hour Division determrines that a different practice
within the 30-day period that additional Gme is necessary prevails for the applicable apprentice classification,fringes shall be paid
in accordance with that determination.
e. The wage rate(inckiding fringe benefits wheie appropriate)
determined pursuant to paragraph 2c or 2d of this Section IV shall be
poetd to ail workers performing work In the additional classification
Pig*A
(4) In the event the Bureau of Apprerticaship and Training, 8. Withholding:
or a State apprenticeship agency reMnaed by the Bureau,withdraws
approval of an apprenticeship program,the contractor on subcontractor The SHA shalt upon As own action or upon written request of an
will no brtper be permitted to utilize apprentices at bas than the authorized representative of the DOL withhold,of cause to be withheld,
applicable predetermined rate far the comparable work peffarmed by from the contractor or subcontractor under this contract or any other
regular employees umW an acceptable program is approved. Federal contract with the same prime contractor,or any other Federally-
assisted contract subject to Davis-Bacon prevailing wage requirements
b. Trainees: which is held by the same prime contractor,as much of the accrued
payments or advances as may be considered necessary to pay taborer$
(1) Except as providod In 29 CFR 3.1 B.trainees well not be and mechanics,inctuding apprentices,trainees,and mss,employed
permitted to work at bas ftn the pmdatermMed rate for the work bythe contractoror any subcontractor the full amount of wages required
performed unless they are anWaysd pursuant to and individually by the contract In the event of fa(kua to pay any laborer or mechanic,
regiatensd In a program which has received prior approval,evidenced by including any apprentice,trainee,or 1lelper,.employed or working on the
formal certification by the DOL,Employment and Training Administra- site of the work,alt or part of the wages required by the contract,the
tion. SHA contracting officer may,after written notice to the contractor,take
such action as may be necessanyto cause the suspension of any further
(2) The ratio of trainee to pumeyman-Iwsl employees on payment, advance, or gusrardea of funds unN such violations have
the job site shall not be greeter than permitted under the plan approved ceased.
by the Employment and Training Administration. Any employee listed
on the payroll at a tralntee rate who Is not registered and participating in 7. Overtime Requirements:
a trafrtlrtg plan approved by the Employment and Trost"Administration
strati be paid not last than the applicable wage rate on the wage determi- No contractor or subcontractor contracting for arty part of the
nation for the classification of work actually performed. In addition,any contract work which may require or irnotve the employment of taborer:.
trainee performing work on the job Mite M emcees of the ratio permitted mechanics,watchman,or guards(including apprentices,trainees,and
under the registered program shad be paid not less than the appticable helpers described in paragrspha 4 and 5 above)shall require or permit
wags rate on Mu wage determination for the work actually performed. any taborer,mechanic,watchman,cr guard to any workweek In which
he/she Is employed on such work,to work in excess of 40 hours to such
(3) Every trainee must be paid at not less than the rate workweek unless such laborer,mechanic,watchman,or guard receives
specMed In the approved program for hWw level of progress, compensation at a rate not lees than one-and-one-half bines hisRrer
expressed as a percentage of the pumeymarn-level hmwV rate specified basic tate of pay for an hours worked in excess of 40 hours in such
in the appkabis wag* determination. Trainees shat}be paid fridge workweek.
benefits In sones with the provisions of Mie trainee program. H the
trainee program does not mention binge benefits,trainees ahafi be paid
the full arnount of Mngo benefits listed on the wage determination unless 8. Violation:
the Administrator of the wage and Hour Diviabn determines that there
is an apprenticeship Program associated with the corresponding Liability for Unpaid Wages:Liquidated Damages: In the evert of
jouareyrt>art-level wage rate on the wage detumirtatIm which provides any vWatton of the clause sat tbrth in paragraph 7 above.the contractor
for loss than full hinge benefMs for apprentim,in which case such and any subcontractor reeponelble thereof shat be liable to the affected
trahiees shall receive the same f Ve benefits as apprentices. employee for hisRmer unpaid wages. tet addition,such contractor and
subcontractor shall be liable to the United States(In the case at work
(4) In the event the Employment and Training Administration done under corsrad for the District of Columbia or a territory,to such
withdraws approved of a traWq program,the coritractor or subcontrao- District or to such territory)for liquidated damages. Such liquidated
tarwki no longer be pertrdtted to uLEtrainees at traineat less than the applies- damages shall be computed with respect to each WRAduai laborer.
ble predetermined rate for the work performed until an acceptable mechanic,watchman.or guard employed in viotatian of the clause sat
program Is approved. forth in paragraph 7,in the sum of S10 for each catendar day on which
such employee was required or permitted to work In excess of the
C. helpers: standard work week of 40 hours without payment of the overtire wages
required by the clause set forth in paragraph 7.
Helpers will be permitted to work on a project If the helper
classification is specified and defined on the applicable wage determins- 9. Withholding for Unpaid Wages and Liquidated Damages:
Hort or Is approved pursuant to the conformance procedure set forth in
Section IV.2. Any worker fisted on a payroll at a helper wage rate,who The SHA shell upon as win anion or upon written request of any
is not a helper under a approved definition,shelf be paid not less than authorized representative of the DOL withhold,or cause to be withheld,
the applicable wage rate on the wage detern matlon for the clasaftation from any monies payable an account of work performed by the cordrac-
of work adually psnfommd. tot or subcontractor under any such contract or any other Federal
contract with the same prime contractor,or any other F ederallyassisted
5. Apprentices and Trainees(Programs of the U.B.DOT): contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor,such sums as may be
Apprentices and trainees working under mWenticestrip and skill determined to be necessary to satisfy any RebTtles of such contractor
training programs which have been cwtified by the Secretary of or subcontractor for unpaid wages and liquidated damages n provided
Tronsportatbon to promoting EEO in oanne0on with Fsderal-aid in the clause set forth in paragraph 8 above.
hlghwwsy ccinatructlon programs are not subject to the requirements of
paragraph 4 of this Section IV. The straight time hourly wage rates for
apprentices and trainees under such programs will be estatrGshed bythe V. STATEMENTS AND PAYROLLS
partIcutar programa. The ratio of apprentices and trainees to journey-
men shall not be greater than permitted by the terms of the particular (Apprcabletoall Federal-aid construction contracts exceeding$2,000
program. and to an related subcontracts,except for projects located on roadways
classified as local roads or nral collectors,which are exempt.)
Ppe5
1. Cor npliance with Copeland Regulations(29 CFR 3): (3)that each taborer or mechanic has been paid not less that
the applicable wage rate and fringe benefits at cash equivalent for the
The contractor shall comply with the Copeland Regulations of the classification of worked performed,as specified in the applicable wage
Secretary of Labor which are hereln incorporated by reference, determination incorporated into the contract.
2. Payrolls and Payroll Records. e.The weekly submission of a property executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy the
a. Payrolls and basic records relating thersto shall be main- requirement for submission of the"Statement of Compliance"required
tamed bythe contractor and each subcontractor during the course of the by paragraph 2d of this Section V.
work and preserved for a period of 3 years from the data of completion
of the contract for all laborers, mechanics, apprentices, trainees, f. The fate ication of any of the above certifiealmns may subject
watchmen,helpers,and guards working at the site of the work. the contractor to civil or criminal prosecution under 18 U.S.C.1001 and
31 U.S.C.231.
b. The payroll records shall contain the name,social security
nurmber, and address of each such employee;'his or her correct g. The contractor or subcontractor shall make the records
classification;hourly rates of wages paid(ahctuding rants of contribu- required under paragraph 26 of this Section V available for inspection,
tions or costs anticipeted for bona fide fringe benefits or cash equivalent copying,or transcription by authorized representatives of the SHA.the
thereof the types described in Section i(b)")of the Davis Bsoon FHWA,or the DOL,and shah permit such representatives to interview
Act);daily and weekly number of hours worked;deductions made;and employees during working hours on the job. If the contractor of
actual wages paid. In addition,ran Appalachian contracts,the Wag subcontractor We to submilt the required records or to make them
records shall contain a notation fndcefing whether the employee does, avail able,the SHA.the FHWA,the DOL,or on may,after written notice
or does not.normally reside In the labor area as defined in Attachment to the contractor,sponsor.applicant,or owner,take such actions as
A,paragraph 1. Vv?w mr the Secretary of Labor,pursuant to Section may be necessary to cause the suspension of any Anther payment,
IV,paragraph 3b,has found that the wages of any laborer of mechanic advance,or guarantee of funds. Furthermore,failure to submit the
Include the amount of any costs reasonaby anticipated in providing required records upon request or to make such records available may
benefits under a plan or program described in Section 1(b)(2)(9)of the be grounds for debarment action pursuant to 29 CFR 5.12.
Davis Bacon Act,the c oritraactor and each subcontractor shall maintain
records which show that the commitment to provide such bereft is
enforceable,that the plan or program Is finaneialy responsible,that the Vt. RECORO OF MATERUU-%SUPPLIES,AND LABOR
plats or program has been commuMcaated in WYOV to the laborers or
mechanics affected,and show the cost onttapsted or the actual cost 1. On all Federal4d cortracts on the Nations!Highway System,
Incurred in providing benefits.Contractors orsubcontraotors employing. except those which provide solely for the installation of protective
apprentices ortraanees under approved programs strap maintain written devices at rallmad grade crossings,those which are constructed on a
evidence of the registration of apprentices and Wiliness.and ratios and force account or dtred labor basis,highway beautification contracts,and
w aige rates prescribed in the Applicable programs. corttraacts for which the Mie!,final construction cost Aor roadway and
tsitie is less Nen 51,000,000(23 CFR M the contractor shad:
c. Each contractor and subcontractor shall fu nish,each week in
wMidt any contract work is performed,to the SHA resident engineer a a. Become familiar with the pet of specific materials and
payroll of wages paid each of its employees pncluding apprentices, supplies contained in Form FHWA-47,'Statement of Materials and
trairiaes,and helpers,described in Section IV,parographhs.4 and 5,and Labor Used by Contractor of Highway Construction ImxA"Federal
watchrmirh and guards engaged on work during Ne,preceding w"Wy Funds,"prior to the commencement of work under this contract.
payroll period). The payroll submitted shad set out accurst*and
completely all of the Information required to be maintained under b. Maintain a record of the total cost of all materials and supplies
paragraph 2b of this Section V. This informatiom may be submitted in purchased for and incorporated In the work,and also of the quantities
any form desired. Optional Form WH-347 Is available for this purpose of those specific materials and supplies listed on Form FHWA-47,and
and may be purchased from the Superintendent of Documents(Federal in the units shown on Form FHWA-47.
stock number 029-005-0014.1), U.S. Government Printing Office,
Washington,D.C.20402. The prime contractor is responsible for the c. Furnish, upon the completion of the contract,to the SHA
submission of copies of payrolls by di subcontractors. resident engineer on Farm FHWA-47 together with the data required in
paragraph t b relative to materials and supplies,a final labor summery
d. Each payroll submitted.shall be accompanied by a'Statament of all contract work indicating the total hours worked and the total
of Compliance'signed by the contractor or subcontractor or Wier amount earned.
agent who pays or supervises the payment of Nue persons employed
under the contract and shall certify the follmMMng: 2. At the prime contractona option,either a single report covering all
contract work or separate reports for the contractor and for each
(1) that the payroll for the payroll period contains the subcontract shall be submitted.
infommtion required to be maintained under paragraph 2b of this Section
V and that such information is correct and complete;
VII. SUBLETTWO OR ASSIGMNG THE CONTRACT
(2)that such laborer or mechanic(including each helper,
apprentice,and trainee) employed on the contract du"the payroll 1 The contractor strap perform with its own organization contract
period has been paid the full wesldy wages es mod,without rebate,either work amouNft to not less then 30 percent(or a greater percentage it
directly or Indirectly,and that no deductions have been made either sperm elsewht+re in the contract)of the total original contract price,
directly or indirectly from the full wages earned,other than permMible exrtuding any specialty Rema designated by the State. Specialty Rema
deductlona as set forth in the Regulations,29 CFR 3; may be performed by subcontract and the amount of"such specialty
Reins performed may be deducted from the total original contract price
before computing the amount of work required to be performed by the
contractors win organization(23 CFR 635).
P.gd 6
a. "Its own organization" shall be construed to Include only engineers,contractors,suppliers,and workers on Federal-aid highway .:
wCtlters employed and paid directly by the prime contractor and projects, 4 is essentiat that all persons concerned wdh the project
equorAnt owned or ranted by the purine Contractor,with or without perform their functions as carefully, thoroughly, and honesty as
operators. Such farm does not Include employes or egJpment of a possibte. Wwilfui falsification, distortion, or misrepresentation with
subcontractor,assignee,or agent of the prtms contractor. reaped to any facts related to the project is a vktldlon of Federal taw.
To prevent any misunderstanding regarding the saricusnesa of these
b. "Specialty Items'shall be can amued to be limited to work that and similar acts,the following notice stall be posted an each F ederai-aid
requires Ng* specialized knowledge, abilities, or equipment not highway project(23 CFR 635)in one or more places where it is readily
ordinarily avallabte In the type of contracting organizations qualified and available to all persona concerned with the project:
in"ded to bid on the contract as a whole and in general are to be
limited to minor cornportaras of the overall Contract.
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL4UD
2. The contract amount upon which the requirements set forth h HIGHWAY PROJECTS
paragraph t of Section VII is computed Includes fhte cost of material and
manufactured products which are to be purchased or produced by the t 8 U.S.C.1020 reds ss follows:
contractor under the Contract provisions.
'V?roeror.being an officer,agent,aremployee of Me United States,
3. The contractor shall furnish(a)9 compehut superinterident or orof any ,State arTorntory,orwhoewr,whether a person,associadon,
sup♦rvisvr who is employed by the firm, has full wiftrily to direct firm, or eorpor~. knowingly makes any false statement, false
Performance of the work In accordance with tha contract requvementa. reprosenta6bn.or raise report as to the character,quaRy,quenW.or
and Is in charge ct all construction operations (regardless of who cost of the mshrtaf used or to be used,or the quantify or quafify of Me
perfotrm the work) and (b) such other of Its own organizational waren perfamned or to be pentrmed.or due cost thereof In connection
resourced(supsrvlslon,management,and engineering services)as the with the submisaron ofpfans,maps,speckfcadons,contracts,or costs
SHA contracting officer detarminas is necessary to assure the perfor- of construcavn an any highway orrelatedprged submWedforapprovel
mance of the Contract to the Secretary of Transportawn;or
4. No portion of the contract stall be sublet,assigned or otherwise Who#verknowln9tymakes any false statement false reprosa talion,
dhsposed of except with the written consent of the SHA contracting felts report or louse doen v4M respect to the character, qu&Xy,
0MCef,or auftiolUld reprparftive,and such consent when given shall quantity,or cost of any work performed or to be pedi m ed,ormefedats
not be Construed to ratios the oont;Wor of any responaibaity for the 41fl ted or to be furMshed.in connecffon wtth the constmrcftn of any
futfiiknent Of the contract. Written consent will be gheen only after the highwayorndatedprojeaapprovedbyMe SecrotaryofTronsporradon,
8 HA Inas assured that each autw rtrect Is evidenced in writing and that or
It contains all pertinent provis!" and raqulnementa of the prime
Contract Whoever knowingly makes any files statement or false repr-
santedon as to rnatwilal fact in any trapment, c4r0cate. or report
submitted pursuant to prwoisfons of Me Federv4vid Roeds Act
VOL SAFETY:ACCIDENT PREVENTION approved Juty 1,1918,(39 Stat 355),as amended andsuppremented
1.to the performance of this contract the contractor shall comply with Sham be Madnot more that S 10,000 or imprisoned nat more than 5
all applicable Federal,State,and local laws gov+e"safety,heaflh,and years or bath.'
sanitation(23 CFR 635), The Contractor shall pnrnnde an safeguards,
safety devices and protective equlpmert and take any other needed X" IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
actions n t determines, or as the SHA condnadtng officer may WATER POLLUTION CONTROL ACT
datrimb e.to be reasonably necessary to protectfhe life and health of
employees on the job and the safety of the public and to prated property (Applicable to all Federal aid construction contracts and to ad related'
in connection with the performance of ft work covered by the contract. subcontracts of$100,000 or more)
2. It Is a condition of this contrast,and shag be made a condition of By submission of this bid or the execution of this contrail or stubcon-
eeeh subcontract,which the contractor enters Into pursuant to this tract,as appropriate,the bidder,Faderal-eld construction Contractor,a
contract,that ft contractor and arty subcontractor shall not permit any subco+skactor, as appropriate,wig be deemed to have stipulated as
emtpioyee,in performance of the contract,to work In sun-aundings or follows:
under conditions which are unsar>itary, hazardous or dangerous to
htarrter heft or safety,as determined under construction safety and 1. That any facility that is or will be utilized in the performance of this
hearth standards(29 CFR I 9 promulgated by the Secretary,of Labor, contract,unless such contract is exempt under the Clean Air Act,as
In aoeordams with Section 107 of the Contract Work Hours and Safety amended(42 U.S C.1 B57 at M.,as amended by Pub.L.91-604).and
Standards Ad(40 U.S.C.333). under the Federal Water Pollution Control Act,as amended(33 U.S.C.
1251«M.,as amended by Pub.L.92-500),Executive Order 11735.
3. Ptaausrt to 29 CFR 1 M.3,It is a condition of this contract that and regulations in implementation thereof(40 CFR 15)is not fisted,on
the Secretary of Labor or authorized rspresentsthm thereof,shag have the date of contract award, on the U.S. EnviroNrRntal Protection
right of entry to any site of contract performance to Inspect or investigate Agency(EPA)List of Violating Facititles puesuuant to 40 CFR 15.24.
the matter of Compliance with fps corlstructlan safety and health
sbvxfsrds and to arty out the dudes of the Secretary under Section 107 2. That the firth @graft to compy and remain in Compliance with as the
of the Contract Work Hours and Safety Standards Act(40 U.S.C.333), requirements of Section 114 of the Clean Air Act and Section 308 of the
Federal Water Pollution Control Ad and an regulations and guidelines
Wed thereunder.
DL FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
3. That the firm shag promptly notify the SHA of the receipt of any
In order to assure high quality arta durabue comatxuctlan in conformity communication from the Director, Office of Federal Activities, EPA,
with approved plana AN specifications and a high degree of reliability on indicating that a facility that is or will be utilized for the contract is under
statements and representations made by consideration to be listed on the EPA List of Violating Facilities.
Pape 7
i
4. That the firm agrees to include or cause to be included the require- frequency by which it detemwm the eligibility of its principals. Each
menta of paragraph i through 4 of this Sedlon X in every nonexempt participant may, but is not required to, check the nonprocuremerA
subcontract,and fuftter agrees to take such sedan as the government portion of the"lista of Parties Excluded From Federal Procurement or
may diced as a means of enforcing such regWrententa. Nonprowramerg Programs' N
og ( anprocurement list)which is compiled
by the General Services Administration.
XI. CERTIFICATION REGARDING DEBARMENT,SUSPENSION, i.Nothing cordained In the foregoing shall be construed to require
INELIt3MUTY ANO VOLUNTARY EXCLUSION establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of
t. Inatructlorx for Certification-Primary Covered Transac- participant is not requited to exceed that which is normally possessed
lions: by a pruderd person in the ordinary course of business dealings,
(Applicable to all Fader 4d contracts-49 CFR 29) j. Except for transactions authored under paragraph f of these
instruction,it a participant In a covered transaction knowingly enters
a. By signing and submitting this proposal, the prospective into a lower tier covered transaction with a person who is suspended•
primary participant Is providing the certification ad out below. debarred, ineligible, or voluntarily excluded from participation in this
transaction. In addition to other remedies available to the Federal
b. The inWAy of a person to provide the certification set out Government,the department or agency may terminate this transaction
below will not ntecessanty result in denial of participation in this covered for cause or default,
transaction. The prospective participant shag submd 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
NWtcysdeterminationwhether toenteraft thistransaction.However, Certification RegardingDebartnent,Suspension,tnellpibiffty
failure of the prospective primary participant to furnish a cerulicstion or and Voluntary Exclusion—Prinury Covered Twnsactlims
an explanation shall disqualify such a person from pertleipauon in this
transaction. t. The prospective primary participant cetttfies.lo the gest of its
knowledge and befiief,that it and Its principals:
c. The certification in this clause is s material representation of
fact upon whbch reliance was placed when the department or agency a. Are not presently debarred, suspended, proposed for
determined to enter into this transaction. If it is Miler determined Ihat the debarment, declared ineligible,or voluntarily*""luded from covered
prospective primary pe tclpart krtowi gy rendered an arroneous transactions by any Federal department or agency;
certifitcabon, in addition to other remedies available to the Federal
Government,the department or agency may terntirwte CMS transaction b. Have not wit m a 3-yesr per(od preceding this proposal been
for cause of defeu lt. convicted of or had a riot ludg}mertt rendered against them far
corviruaaion of fraud or a cnrrynel offense in connection with Obtaining,
d. The prospective primary participant shall provide immetfiale attentpteto obtain,or Worming a public(Federal, State or kxal)
written.notice to the dep,rhnent or agency to whom this proposal is transaction or cordrad under s public transaction;violation of Federal or
submitted it any time the prospective primary participant lam that Its State antitrust stahhes or commission of embeulement,theft,forgery,
certification wee erroneous when submitted or has became erroneous bribery,falsiiIcAon or destruction of records,making(arse statements,
by reason of changed circumstances. or raceiving stolen property;
a. The term"covered transaction,""debarred.'`suspended,"
'Ineligible,' "lower tier covered transaction," "partitipart," 'person," c. Are not presandy Indicted for or otherwise criminally or civilly
"primary covered transaction," principal;'proposal,"and"voluntarily charged by a governmental entigr(Federal.State or local)with commis-
excluded;as used In this etaum,have the meanings set out in the sion of army of the offenses enumerated in paragraph t b of this certifica-
Defmitions and Coverage sections of rules "emerging Executive tion;and
Order 12S49. You may contact the departmert or agency to which this
proposal is submitted for assistance in obtaining a copy of those d. Have not within a 3-year period preceding this applica-
regubtions. tiontproposal had oma or mora public transactions (Federal,State or
local)terminated for cause or default.
f. The prospective prlmary participant agrees by submitting this
proposal that,should the proposed covered transaction be entered Irbo, 2. Where the prospective primary participant is unable to certify to
it shag not knowingly enter Into any lower tier covered transaction wain any of the statements in this certification,such prospective participant
a person who is debarred,suspended,declared ineligibie,or voluntarily shall attach an explanation to this proposal.
excluded from participation in this covered transaction,unless autho-
rized by the department or agency entering Into this transaction. •.
9• The prospective primary participant hatter agrees by 2. instructions for CedAication-Lower Tia Covered Transac-
submitting this proposal that It will include the clause titied'Certification Noris:
Regarding Debarment,Suspension,Ineligibility and VotuMary Exclusion-
Lower TWCovered Transaction,"providedby the departmertoragency (Agplicebletoall subcontracts,purchase orders and other lower tier
entering Into this covered transaction,without modification,in all lower transactions of$25,000 or more-49 CFR 29)
tier covered transactions and in all solicitations for lower tier covered
transactions. a. By signing and submitting this proposal,the prospective lower
tier Is providing the certification set out below.
h. A participant in a covered transaction may rely upon a
certification of a praspediw participant in a lower tier covered transac-
tion that le not debarred,suspended,Ineligible,or voluntarily excluded
from the covered transection,unless it knows that the certification is
erroneous. A participant may decide lite method and
Page e
b. The carVtication in this clause is a material representation of Certification Regarding Debarment,Suspension,Ineligibility
fact upon which reliance was placed when this trsnasction was entered and Voluntary Exciuslo6_Lower Tier Covered Transactions:
Into. if it Is later determined that the prospective lower tler parttcrpard
knowingly rendered an erroneous c oMficatlon, in add'dlon to other 1. The prospective lower tier participant certifies,by submission of
remedies evaltsble to the Federal Government, the department, or this proposal,that neither it nor Its principals ro presently debarred,
agency with which this transaction originated may purou*available suspended,proposed for debarment.declared Inetigtble,or voluntarily
remedies,Including suspension and/or debarment, excluded from participation in this transaction by any Federal depart-
mend or agency.
c. The prospective lorwr flet participant shall provide Immediate
written notice to the person to which this pry Is submitted if at any 2. Where the prospective lower tier participant is unabis to certtty to
time the prospective lower Her participant loam*that its certification was any of the statements in this certification,such prospective participant
erroneous by reason of ganged cucurrish nces. shall attach an explanation to this proposal.
d. The terms"coveted transaction,""debarred,".suspended," - ...
'Ineliglble,- .primary covered Vansactlon; 'participant," "person,"
'principal,'"proposal;errd"vokadarpyexnlided;as used in Oftclsuse, XIL CERTIFICATION REGARDING USE OF CONTRACT FUNDS
have the meanings set out in the Definitions and Coverage sections of FOR LOBBYING
Mas Inpler+anting Executive Order 12549. You may contact the
person to which this proposal Is aurbmdted for aasistsmxx In obtaining a. (Applicatee to allFederal-old construction cmitrads and to ani retated
copy of those regulations. subcontracts which exceed$100.000.42 CFR 20)
e.The prospectivekAwtier participant agrees bysubmVingthis 1. The prospective parliciport certifies,by eigntng std submitting
proposal that,should the proposed covered trsnsaction be entered holo, this bid or proposal,to the best of ids or her knowledge and betlef,that:
R shall not knowingly enter bolo any lower tier covered transection with
a person who is debarred,suspended,declared Ineligible,or voluntarily a. No Federal appropriated funds have been paid or will be paid,
excluded from participation In eft covered transaction.unbss autho- by or on txhW of the urmkKslgned,to any parson for influeneN or
Azad by tine deparbnent or agencywM which this transaction originated. attempting to influence an officer or employee of any Federal agency,a
Member of Congress. an officer or sm;*" of Congress. or an
t. The prospective lower tier participant further agrees by employee of a Menbw of.Congresa in convection with the awarding of
submitting this proposal that it wig include this douse titled"Centifxation any Federal contract.the matting of any Federal grant,tree malting of any
Ragardtng Dabamnertf,Suspension,Ireligibkdy and votuMary Exclusion- Federal loan,the entering kto of any cooperative agreement,and the
Lower Tier Covered Transaction;without mocliflc ation.in all l war tier extension,contirvA ion, renewal, amendment,or modification of any
covered Van"ctkx a and In all solicitations for lower tier covered Federal contract,grant.loan.or cooperative agreement.
traresaetlona.
b. if any tcuids other than Federal app rognated funds have been
Q. A participant In a covered transaction may rely upon a paid or will be paid to any person fbr influencing or attempting to
arhftatbon of a prospective participant In a lower tier Covered transac- Influence an offiear or employee of any Federal agency,a Member of
tion that is not debarred,suspended,ineligible,or vofurdardy excluded Congress,an officer or employee of Congress, or an employee of a
from the covered transaction,unless R knows that the cerflticat on is Member of Congress In connection with this Federal contract,grant,
erroneous. A participant may decide the method and frequency by ban,or cooperative agreement,the undersigned sha0 complete and
which d detetm um the a9grlodltycf its pnccO". Each participant may, submit Standard Farm-LLL,"Disclosure Form to Report Lobbying,"in
but is not required to,check the Nenproarrernert Lbs accordance with its instructions.
h. Nothing cmtafned In the foregoing shall be construed to 2. This certification is a material representation of fact upon which
require establishment of a system of records in ander to render in good reliance was placed when this transection was made-or entered into
fadh the certification required by No cause. The k nowtedge and Submission of rhes certification is a prerequisite for makirig or entering
information of participant Is riot requQed to exceed that which is normally into this transaction imposed by 31 U.S.C.1352. Any person who fails
possessed by a prudent person in the ordinary course of tipsiness to file the required Certification shall be subject to a civil penalty,of not
dealings. lose than 610,000 and not more than$100,000 for each such failure.
I. Except for transactions authorized under paragraph a of these 3 The prospective participant also agrees by submitting his or her
instnxtims.N a participant in a covered transaction knowingty enders bid of proposal treat he or she shah require that the language of this
frets a lower tier covered transaction with a person who is suspended, certification be Included in as lower tier subs oMrads,which exceed
debarred, ineligible, of volunta*excluded from participation in this $100,000 and that an such recipients shall certify and disclose accord-
transaction, In addition to other remedies available to the Federal ingtir.
Government, the department or agency with which this transaction
originated may pursue available remedies,iechiding suspension andlor
debarment.
Page 9
ATTACHMENT A- EMPLOYMENT PREFERENCE FOR (c)the date on which he estimates such employees will be required,and
APPALACHIAN CONTRACTS (d)any other pertinent Information required by the State Employment
(Applicable to Appalachian contracts only,) Service to complete the fob order form. The job order may be placed
with the State Employment Service in writing or by telephone. It during '
1.Dwfttheperformanoeoffhiscm"d,ewcantracWrundertaking the course of the contract work, the Information suhmitled by the
to do work which is.or reasonably may be,done as on-site work,shall contractor in the original job order K substantially modified,he shat{
give preference to qualified persona who regularly reside In the labor promptly notify the State Employment Service.
area as designated by the DOL whersin the Contract wort(is situated,or
the sutuegmn, or the Appalachian counties of the State wherein the 3. The contractor shall give full consideration to all qualified lob
contract work is situated,except: applicants referred to him by the State Employment Service The
contractor is not required to grant employment to any job applicants who,
a. To the extent that qualified persons regularly residing in the in his opinion,are not qualified to perform the classification of work
area are not available. required.
b. For the reasonable needs of the contractor to employ 4. If, within 1 week following the placing of a job order by the
supervisory or specialty experienced personnel necessary to assure an contractor with the State Employment Service,the State Employment
efficient execution of the contract work. Service Is unable to refer any qualified job"cents to the contractor,
or less than the rsurrber requested,the State Employment Service will
c. For the obligation of Ilm contractor to otter employment to forward a certificate to btu contractor indicating the unavailability of
present or former emp"m as the result of a lawful Collective bargain- applicants. Such certificate shall be made a part of the contractor's
ing contract.provided that the number of nonresident persons employed permanent project records. Upon receipt of this certificate, the
under this subparagraph is shall not exceed 2t)percent of the total contractor may employ persons who do not normally reside in the labor
number of employees employed by the oantractor on the contract work. area to fill positions covered-by the certificate, notwithstanding the
except as provided in subparagraph 4 below. provisions of subparagraph 1 c above.
2. The contractor shall pace a job order with the State Employment S. The corihactor shag include the provisions of Sections t through
Service indicating(a)the classifications of the laborers,mechanics and 4 of this Attachment A in every subcontract for work which is. or
other employees nKphsd to perform the contract work,(b)the number reasonably may be,done as on-site work.
of employees required in each classification,
Page 10
L
City of Cape Girardeau
Project:Estimate(max 25 points)
For tracking purposes,if there are multiple schools benefiting from this grant, the estimate needs to be broken
out and detailed as to how the money will be distributed to each school on the Project Estimate Detail sheet. List
all items for the first school, leave a blank line between the first and second school, etc. Otherwise, an even
distribution will be assumed. The applicant will need to show total costs with this project including right of way
acquisition, design/preliminary engineering,utility relocations,materials costs, construction/labor costs,and
construction inspection on this page. This estimate shall not be increased in the future. There is a$250,000
limit per project.
Line Item Detail Quantity Item Cost Total Per Line SRTS Funds
Item Requested
1. Right of Way Acquisition 0 $0.00 $0.00 $0.00
2. Design/Preliminary
Engineering (No more than 1 $13,070.33 $13,070.33 $13,070.33
10% of items 3-5 below)
3. Utility Relocation 0 $0.00 $0.00 $0.00
4. Materials 1 $41,706.00 $41,706.00 $41,706.00
5. Labor/Construction 1 $88,997.25 $88,997.25 $88,997.25
6. Construction Engineering
(No More than 15% of items 1 $19,605.49 .$19,605.49 $19,605.49
3-5 above)
7. Construction Contingency
(No More than 10% of items 1 $13,070.33 $13,070.33 $13,070.33
3-5 above)
TOTAL $176,449.40
IExhibit D
��- �4�� Parent�Surve �About�lNalkm 'and B�kn� ato�Schooi'�4�����;�� �� ��
:-�.�z �?-:��{�.v. lr��,.. .__'"F` '.'c..��- Y...z:a`s���. -':a;�.c .s,��,x-� �.�..*.,:r�-s ���"�a.�. �,arr ✓ ii*'xs r�'4Y-say` �Y+� � _ ,'�'� ;;�
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.
Thank you for participating in this survey!
CAPITALLETTERStONLY. BLUEp,ORBLACK�INK ONLY €� ; �
School Name:
1.What is the grade of the child who brought home this survey? m Grade(PK,K,1,2,3...)
2.Is the child who brought home this survey male or female? Male Female
3, How many children do you have in Kindergarten through 8''grade? M
4.What is the street intersection nearest your home?(Provide the names of two intersecting streets)
and
Place clear#X�ms de box�If ou make a mistake;fill�the ent�re7box,andythen_mark the correct`�box� ���"� '
S. How far does your child live from school?
El Less than 'A mile El 1/2 mile up to 1 mile E] More than 2 miles
'%4 mile up to '/2 mile 1 1 mile up to 2 miles E] Don't know
Place aiel a�`X'irsrdeboz�IfY ou m_akea`mista_ke'frll;ttie_e'nti�ebox and thenm�ark the correctb
s_ _. Y ,.r _ _
6.On most days,how-does your child•arrive:and leave.for school?(Select one choice per column, mark box with X)
Arrive at school Leave from school
Walk 0 Walk
11 Bike Bike
School Bus School Bus
El Family vehicle(only children in your family) Family vehicle(only children in your family)
Carpool.(Children from other families) Carpool(Children from other families)
Transit(city bus, subway, etc.) ® Transit(city bus,subway, etc.)
Other(skateboard,scooter, inline-skates, etc.) Other(skateboard, scooter, inline skates, etc.)
+ Place a clear X msrde boxIfyou;make;a mistake,fill the entre box,_and then mark the�eorrect box +
7.How long does it normally take your child to get to/from school?(Select one choice per column, mark box with X)
Travel time to school Travel time from school
Less than 5 minutes Less than 5 minutes
5— 10 minutes ® 5.— 10 minutes
® .11 —20 minutes ® 11 —20 minutes
More than 20 minutes More than 20 minutes
Don't know J Not sure El Don't know/Not sure
11
f-" - .J', -."5..i:* u> «3'+z. ri,�•.•.3... ass' T
+
MK:..: 3.K . t +
8. Has your child asked you for permission to walk or bike tojfrom school in the last;year? Yes No
9.At what grade would you allow your child to walk or bike to/from school without an adult?.
(Select a grade between PK,K,i,2,3:..j grade (or) I would not feel comfortable at any grade
14
Place;a clear XX rnside boxy If you=make a mistake,f�llhthe entire box;and then mark thecorrect�box,�, l
10.What of the following issues affected your decision to' 11.Would you probably let your child walk or bike to/from
allow,or not allow,your child to walk or bike to/from school if this problem were changed or improved?(Select one
school?(Select ALL that apply) choice per line,.mark box with X)
® My child already walks or bikes to/from school
Distance............................................................................................................. ® Yes ® No Not Sure
Convenience of driving..................................................................................... 0Yes No Not Sure
Time.................................................................................................................. Yes El No Not Sure
Child's before or after-school activities............................................................. Yes 1:1 El
No Not Sure
Speed of traffic along route.........................................::..................................... Yes No Not Sure
Amount of traffic along route...:...........::.........................::..................::........... Yes No ® NotSure
® Adults to walk or bike with.;....... ...... .......... 11 Yes El No Not Sure
Sidewalks or pathways...................:.................................................................. E] Yes El No ® NotSure
Safety of intersections and crossings......................................................I........ 11 Yes El No El Not Sure
Crossing.guards................................................................................................. 11 Yes 11 No Not Sure
ElViolence or crime.............................................................................................. Yes El No 11 Not Sure
C] Weather or:climate........................................................:..................................... ® Yes: El No ® Not Sure
t yPla eaClear'X'>ms�de bozIf you makes m�stake,fill?the enure boz"and thenmark the correct'lox 5 " ,
��.
11.In youropinion,how much does your.child's school encourage or discourage walking and biking to/from school?
® Strongly Encourages11 Encourages FiNeither Discourages. Strongly Discourages
13.How much fun is walking or biking to/from school for your child?
® Very Fun Fun 1:1 Neutral Boring Very Boring
14.How healthy is walking.or biking to/from school for your child?
® Very Healthy Healthy Neutral Unhealthy Very Unhealthy
f Place aclear'X �nside box;Ifyou make a mtstake,£fi�lltthe entre box;'and;then mark thecorrect box , ,f, „_, +
15.'What is the.highest grade or year of school you completed?
Grades 1 through 8(Elementary): College.1 to 3 years(Some college or technical school).
Grades 9 through 11 (Some high school) College 4 years or more(College graduate)
ElGrade 12 or GED(High school graduate) Prefer not to answer
16. Please provide any additional comments below.
. 70�i ° '�a '`"t ,�- _�,• was ; y,,,o ---t,r '' ..'� _ k. Cr A�'=}�2'1� ...
Safe-RouestoSchIStudentsArrival �andr �# eparture
� `xx�-`J �, ' sir�t„c�° E�.b'i�-s � �<A�ys 7cs - r�� z1, c+ .:Y� � � _ 'r 1-�v 'v"�'� g'€M•.p14- 3.f' a`
v
`��,.,' , --_S� �< �t� kss�"�s•+i.•-��-� °'��.K< . sT�'�•�� 't�-.4�"�"� �s - `=v � 1 "� .}`-tfy-�,4F�(t�' ��c�-.
-- '� _+.._.-....i .-..-< + ..�....��:-:...✓.t... .: ;?.,.._.�- _ _._t<:;T.�,A_u<.h.�- ,-:.._c,:� *z-r.�...__.u+ _;.,*....��A'`x+.ox_. S"'"-a:'4a�5�"�+.��� .r H 3;..::u � 4...'` -.F,.. 5.`
-}- hCAPITAL LETTERS ONLY BLUE ORS a-k INK ONLY z
School Name: Teacher's First Name: Teacher's Last Name:
Grade: (PK,K,1,2,3...) Monday's Date(Week count r4as conducted) Number of Students Enrolled in Class:
ID m m ® m
0 2 M M D D Y Y : i" I S
•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 your students to raise their hands, please read through all possible answer choices so they will know 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 1. Step 2.
Fill in the weather conditions and AM—"How did you arrive at school today?"Record the number of hands for each answer.
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 Family Carpool Transit Other
Tally Vehicle
S=sunnyKey R=rainy Number in Only with Riding with City bus, Skate-boar
O=overcast class when - - - Children from children from subwa etc. scooter,etc
SN=snow count made yourfamily other families y' '
Sample AM S N 2 0 {4 2 z 3 t g 3 3s;, i
,,{tom'. a -
" GcY•i � '�a?'_i' n �,a"�5r' r ,w� 't?Y `i<fs Y4"���.-o? `frs� s{s. F3+ " �.
Sample PM R 1 9 3 ' 3 8 i 2tz $ 2
5,x�`uGa. � tzr��'�"'�"�'r��„� -'��'�.k ,�.'`. •��} '�_;c�.���-c- ��7 �' �`. cF;�:= � r- �,�'��'i�,,rst5�-��,�`-',,�'
<L-'•;,'" s�h> YZC. Y. .�T y�-,(�3t w y�-'y -3+ 1`}
Tues rM
AM r a
-�Z�3•'33;.. s �sR _ .j.r.< �Ja' .. Fa
w `
Tues. PM
_.,:-at,,r.�k:�.rs ��....-r��".,-` r :�•'.^..�:+§,_ :c.a'+£�'t�sh._.Y '�'z^s�.,_�c. x -'z �` �` � �fig' z. -..��r3. �, '2� �`" RONA
Wed. AM
.:=<_,_ .-s' ,.�r a ..`; y. -:•�. ...}KGs- -''. � ,rz'% � �2 -"`'3•�� -::a''�r�sz.s5r � -.:> � :i�$��,�.j ..-.Ta���-'i
Wed. PM � � � � '
�.F a t k.''k r ... F ac •c,� a•- �..<«,..i t'.... ,h, s�.'^j" ., .+�-._�... yA;an£i'.,-.,.,5: '` : ...
s a
Thurs. AM i _. N
xs A
`+ 1'a a 5 s c . 's ,.it �k�7'' <`x< '€� x{�• - L --- -�- r-"'"' ,� -.:� ,�
-t rar f
Thurs. PM � s
Please list any disruptions to these counts or any unusual travel conditions to/from the school on the days of the tally.
2
r:
:a':" sX•`!d:`.�
SUB-RECIPIENT INFORMATIONAL FORM
Federal Funding Accountability and Transparency Act 2006
Sub-Recipient Information
SUB-RECIPIENT NAME AND ADDRESS
Name:
Address:
City: State:
Zip:
Sub-Recipient.DUNS Number:
Sub-Recipient MPIN Number CCR Registration number):
Sub-Recipients Annual Gross Revenues Exceed
80%or more in Federal Awards r Yes I" No
Sub-Recipients Annual Gross Revenues Equal or
Exceed$25,000,000 1' Yes I"No
Sub-Recipient Highly Compensated Officer Officer Name Officer Compensation
COMMENT
PREPARED BY: DATE:
Name:
Title:
Email:
MoDOT Form 1590
��45