HomeMy WebLinkAboutRES.1433.02-16-1999BILLNO. 99-33
RESOLUTION NO.
A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT
OF TRANSPORTATION FOR TRANSPORTATION EQUITY ACT FOR
THE 21sT CENTURY (TEA -21) FUNDS FOR THE CONSTRUCTION
OF PEDESTRIAN SIDEWALKS ON PERRYVILLE ROAD AND
LEXINGTON AVENUE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
WHEREAS, the Transportation Equity Act for the 21" Century (TEA -21), a
continuation of the U.S. Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA),
provides funding for surface transportation enhancement projects, and;
WHEREAS, the Missouri Department of Transportation (MODOT) is charged with
administering such funds and projects in the State of Missouri, and;
WHEREAS, the City of Cape Girardeau has needs which may be addressed through
the State's Surface Transportation Enhancement Program, among which is the construction of
pedestrian sidewalks along Perryville Road between Lexington Avenue and Cape Rock Drive
and along Lexington Avenue between Perryville Road and Cape La Croix Road (Route W).
NOW, THEREFORE BE IT RESOLVED, by the City of Cape Girardeau, Missouri,
that the City desires to apply to the Missouri Department of Transportation for funds for the
improvement of the community under the activities authorized pursuant to the
Transportation Equity Act for the 21" Century (TEA -21).
THEREFORE BE IT FURTHER RESOLVED, that the City Manager of the City of
Cape Girardeau, Missouri, hereby is authorized to prepare and submit documents which are
necessary in applying for funding and to establish the administrative framework to implement
activities pursuant to the aforementioned act if funding is awarded.
PASSED AND ADOPTED THIS APP U DAY OF AbW LVq 11999.
A.d. Spradling, III, Mayor
TRANSP TATIONCEMENT FUNDS
ROGRAM PPLICATION
• CDOT
FY 1998
STP Number
1. Local Government Sponsor
The sponsor is the city or county responsible for providing matching funding for the proposed project. Local governments
may pool their funds on one or more projects. The contact person is the individual who will be coordinating the project for
the sponsor. This person must be in responsible charge of the project through completion. This is the person with whom
MoDOT personnel will be coordinating the project.
Sponsor#1: City of Cape Girardeau Sponsor#2:
Contact#I: Kent M_ Rrattnn Contact#2:
Title: City Planner Title:
Address: 401 Independence Address:
Cape Girardeau Mn_ A1703
Telephone: (573) 334-8326 Telephone:
Fax: (573) 651-0860 Fax:
2. Project Title:
Lexington Trace of Cape TArrnile Trail
3. Project Information:
MoDOT District Number. 10 County: 579,845.63
Total Federal Funds Requested: $ 283,089.07 Match Percentage: 22%
(20°/.minimum)
Metropolitan Planning Organization(If Applicable):
4. Project Property Information:
The project sponsor must either own or have a permanent easement on the property in which the federal enhancement money
is intended. Please be specific on detailing who owns the property the proposed project will be built on. Property acquisition
must occur before construction can begin on a project. Please refer to the Transportation Enhancement Funds Program
brochure for further information if property acquisition is required.
Owner of Property: City of Cape Girardeau
TRANSP WTATION INTHANCEMENT FUNDS
ROGRAM PPLICATION
5. Applicant Checklist:
Please make sure that your application qualifies or it will not be considered for funding. A check mark must be placed next
to each of the following items in order to be considered for funding:
El The project sponsor guarantees at least a 20%match
El The project will be open for public access in perpetuity
El The organization is a state agency,federal agency or department,or a local city or county government
El If the project sponsor is a state agency,federal agency or department,a resolution of support has been submitted
with this application as required
El Photographs have been submitted as required with this application
El A detailed breakdown of the total project costs has been included with this application
El This application has been submitted with all pages,including the application,letters,endorsements and
supporting information is on 8'/2"by 11"paper and stapled or secured in the upper left corner of each
application package. PLEASE NOTE: Binders or folders are not acceptable. Projects submitted in
this format will be discarded without review.
6. Which type of transportation enhancement activity describes your project?
Check one, or more if appropriate.
In order to qualify for transportation enhancement funding,your project must fall into one or more of the twelve categories
® Facilities for pedestrians and bicycles for transportation 0 Rehabilitation and operation of historic transportation
purposes buildings,structures or facilities
❑ The provision of safety and educational activities for 0 Preservation of abandoned railway corridors including
bicyclists and pedestrians conversion and use thereof for pedestrian and bicycle
❑ Acquisition of scenic easements and historic or scenic trails
sites 0 Control and removal of outdoor advertising
❑ Scenic or Historic Highway Programs including the 0 Archaeological planning and research
provision of tourist and welcome center facilities 0 Mitigation of water pollution due to highway runoff or
❑ Landscaping and other scenic beautification reduce vehicle-caused wildlife mortality while
❑ Historic Preservation maintaining habitat connectivity
0 Establishment of transportation museums
listed below. If you have questions as to whether or not your project is eligible,please contact your local MoDOT district
office or the MoDOT Support Center.
7. Describe the project location.
Clearly describe the project limits and areas of major work-be as specific as possible. Clearly note where the project
location is in relation to existing highways and roads or other transportation facilities. Attach a map after this page showing
the location and boundaries of the project-no larger than 8'/2"x 11."
Describe the project location. A six-foot wide walk/bike-way will be constructed within
the existing right-of-way of Lexington Avenue between Perryville Road and Cape La
Croix Road (Route W) and a four-foot wide walkway will be constructed within the
existing right-of-way of Perryville Road between Cape Rock Drive and Lexington
Avenue. Lexington Avenue and Perryville Road are both heavily traveled arterial streets
in a primarily residential section of Cape Girardeau. The walk/bike-way system will be
constructed along the north side of Lexington Avenue and the east side of Perryville
Road. This walk/bike-way system will provide access to the 4-plus mile long recreational
trail along Cape La Croix Creek for a large population residing in the growing northern
section of Cape Girardeau. This system will link several parks within this section of
Cape Girardeau including Cherokee Park along Perryville Road and Osage Park and
Community Centre at the north edge of the Cape La Croix Recreational Trail.
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TRANSP TATION HANCEMENT FUNDS
ROGRAM PPLICATION
8. Project Description
Clearly describe all proposed work as part of this project. Include the purpose,size,length(to nearest tenth of a mile),type
of project(bike path,restoration,rehabilitation,landscaping),other elements affected by the project,other partners,etc. If
more space is required,it must be contained on one additional 8%"x 11"page,typewritten,front only,and attached directly
after this page. If drawings or maps need to be included for this section, it must be contained on one sheet no larger than 11"
x 17"and attached to the back of this application.
Project Description. The project will consist of grading,excavation,construction of a
six-foot wide four-inch thick walk/bike-way with handicap-access ramps along
Lexington Avenue and a four-foot wide four-inch thick concrete walkway with handicap-
access ramps along Perryville Road,and seeding and strawing of any disturbed ground.
There are currently no sidewalks in this primarily residential neighborhood,which
consists of single-family residences,duplexes and several churches. There are many
adults and children in this section of Cape Girardeau who walk,jog and ride their
bicydes along Lexington Avenue and Perryville Road,which are both arterial streets with
high traffic loads.
A six-foot wide walk/bike-way with handicap-access ramps will be constructed along the
north side of Lexington Avenue between Perryville Road and Cape La Croix Road
(Route W),a distance of 5,850 linear feet. The walk/bike-way will be constructed within
the existing right-of-way of Lexington Avenue,so no acquisition of property will be
necessary for this project.
Additionally,a four-foot wide walkway with handicap-access ramps will be constructed
along the east side of Perryville Road between Cape Rock Drive and Lexington Avenue,
a distance of 5,235 linear feet. This walkway will be also be constructed within the
existing right-of-way of Perryville Road,so no acquisition of property will be necessary
for the project.Attached is a graphic illustration of the City's Sidewalk Standards
showing a typical sidewalk with handicap-access ramps within the street right-of-way.
SIDEWALK STANDARDS
GENERAL NOTES:
NANOICAPP ACCESS RAMPS ITTP)
I. SIKVALR RANK CONTRACTED 10 EEISTIK
BACK OF CURB SEE OETARS CONDITION THE f0.LOVDIG SLOES IAT K USED
RISC Y RISC
Num.. MANIKIN
3.0' ✓
ROWS VARIES MY K� ANY SLOC
IIID TO 1.12 14 TR 4N
Al= IRI I 111 '.b RAM SIDE MY moo I4.
P.C.G SIDEWALK
1 RAM INE RMC ENOLS*sou AOT LACCCD
142 K CLEM LENGTH•N•IS USS Twat A•
-- RAMP
STREET RIOM a NAY NINE 1 - / -_�-__--__ ■ 3. RAMS E r K LOCATED No►pT[CT[Y AGIHST
- M.00KAGC fR01 PfA'CD WANES.
T DIILTyK RANN IAT K COINTRUCtt*VKRE.RAIMaL
1+-VARIES---►T CONTRACTION JOINS ON ANS TRAFFIC ARE NOS ADVERSELY"nate
FOUR OR FNE FOOT INTERVALS. 1 S. COUIWTION DVIU-1 AND DONI-KT CURD RAMS
NAT K CWST4CTU K VARRMTCD.
ALLEY RIGHT OF NAY T. RAPS AVHl HAVE KTECTADU WANKS ESTM0I4
THC NEL VIDTN ANS DEPTH or THE CARS RNM,
1
EXPANSION S JOINON
FIFTY FOOT RFTERVKS.
NOTES:
1. SIDEWALK RAMPS CONSTRUCTED TO EXISTING
CONDITIONS THE FOLLOWING SLOPES MAY BE USED.
6' RISE 3' RISE
.MAXIMUM MAXIMUM
MAY SLOPE MAY SLOPE
1.10 TO 1.12 1.8 TO 110
R NO RAMP SLOPE MAY EXCEED 1.8 i
2. RAMP SIDE FLARE SLOPES SHALL NOT EXCEED
1.12 IF CLEAR LENGTH 'X' IS LESS THAN 4'
3. RAMPS WILL BE LOCATED AND PROTECTED AGAINST
BLOCKAGE FROM PARKED VEHICLES.
4. BUILT-UP RAMPS MAY BE CONSTRUCTED WHERE DRAINAGE
AND TRAFFIC ARE NOT ADVERSELY AFFECTED.
5. COMBINATION BUILT-UP AND DOWN-SET CURB RAMPS
MAY BE CONSTRUCTED AS WARRANTED.
6. RAMPS SHALL HAVE DETECTABLE WARNINGS EXTENDING
THE FULL WIDTH AND DEPTH OF THE CURB RAMP.
MIN❑R LEVEL CHANGES
MAX. 1/4' VERT. CHANGE
MAY BE VERTICAL
1/4' TO 1/2' LEVEL CHANGE
MAY HAVE BEVEL SLOPE
OF 1.2
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just east of Route W . at Rampart Street ' • .
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TRANSP TATIONCEMENT FUNDS
ROGRAM PLICATION
9. Project Cost Estimates
Applicant lnust provide one sheet of detailed cost estimates in addition to the information provided below. Be sure to
consider all aspects of your project when preparing your cost estimates,and consider each of these items as they may apply to
your project: right-of-way acquisition costs,design costs,preliminary engineering costs,construction engineering,utility
relocation costs,materials costs,labor costs,construction costs and contingencies for construction. Please make sure your
estimates are as accurate as possible,as funding will be limited to the estimated federal government share that is listed in the
application. The sponsor must supply all additional funds to complete the project if costs are underestimated or if the value of
soft match is overestimated. Any cost overruns incurred with any of the following items will be at the cost of the project
sponsor and will not be reimbursable by the Federal Highway Administration. Projects totaling less than$25,000 in federal
funds are not eligible.
Project Cost Breakdown Total Project Cost
A. Right of Way Acquisition $ o
B. Design/Preliminary Engineering* $ 29,034.78
C.Utility Relocation $ 0
D.Materials $ 99,802.55
E. Labor/Construction $ 190,545.21
F. Contingency on Construction** $ 29,034.78
G. Construction Engineering $ 14,517.38
Total Project Cost $ 169.914.70
Matching Percentage of Total Cost by Local Government 2 2 % Total Federal Reimbursement $ 283,08 9.07
*Design/Preliminary Engineering is limited to 10%of
**Contingencies will be allowed on construction costs only and are limited to 10%of the total cost for items D and E above.
Below,please provide information pertaining to the source of the matching funds available for use toward the proposed
transportation project as described in#8 above. Please be as specific as possible when describing the source-private fund
donations,city or county funds,force account and/or in-kind services. Also describe what additional funding is available for
use if project costs exceed those estimated above and on the following page.
Project Cost Estimates. The City will provide 22% of the funding for this project. This
funding will come out of the City's General Fund (Motor Fuel Tax Revenue). The Total
Project Cost is $362,934.70, of which the City's share will be $79,845.63. The Grant
request is for$283,089.07.
Name and Title of individual who prepared the cost estimates for this project
Mark Lester / rity EnginPPr
Signature: Telephone Number. (573) 334-9020
Budget for Lexington Trace
Lexington Avenue
Item Unit Est.Qty. Unit Price Est.Price
Grading S.Y. 6,492.8 $3.15 $20,452.32
6'Sidewalk S.Y. 3,900 $29.20 $113,880.00
Handicap-access ramps Each 8 $1,050.00 $8,400.00
Seed and straw Acres 0.8 $2,324.89 $1,859.91
Excavation Class "B" (20% of above) $28,918.45
Total Construction Cost $173,510.68
10%Contingencies $17,351.07
10%Preliminary Eng. $17,351.07
5%Construction Eng. $8,675.53
COST $216,888.35
Perryville Road
Item Unit Est.Qty. Unit Price Est.Price
Grading S.Y. 5815.3 $3.15 $18,318.19
4'Sidewalk S.Y. 2,326.1 $29.20 $67,922.12
Handicap-access ramps Each 9 $1,050.00 $9,450.00
Seed and straw Acres 0.72 $2,324.89 $1,673.92
Excavation Class "B" (20%of above) $19,472.85
Total Construction Cost $116,837.08
10%Contingencies $11,683.71
10%Preliminary Eng. $11,683.71
5%Construction Eng. $5,841.85
COST $146,046.35
TOTAL COST $362,934.70
City of Cape Girardeau (22%) $79,845.63
Grant Request $283,089.07
\\CGI ALPHA\Planning\Maz ha\L Lexington Trace TEA-21 Graot.doc
TRANSPORTATIONANCEMENT FUNDS
ROGRAM PPLICATION
10. What relationship does your project have to the community's transportation
system?
Check one, or more if appropriate. -
In order to be eligible for transportation enhancement funding,each project must have a direct relationship to at least one
element of the transportation system-highways and roads, railroads,airports,and bicycle or pedestrian facilities. Your
project must have a strong Iink-the stronger the link.,the better the chance that your project will be selected. It's
relationship must be one or more of the following:
lit Function(has a functional relationship to the transportation system)
The project must serve as a functional component of the transportation system such as a bicycle or pedestrian path,a
bicycle rack,a pedestrian bench,etc.
0 Proximity(is adjacent to or in near proximity to the transportation system)
The project must be in the immediate vicinity of the transportation system such that,for example,a historic building
renovation or landscaping is within the viewshed of and can be enjoyed by the traveling public. Removal of outdoor
advertising is also eligible in this category.
❑ Impact(impacts the transportation system)
The project must impact the transportation system,such as retrofitting an existing highway by creating a wetland to filter
runoff from the highway.
Describe how the project is transportation related and how it relates to the intermodal transportation system. Describe how
this project enhances the transportation system-compliments other work,provides linkages to other modes of transportation,
beautification of the system,etc. If more space is required,it must be contained on one additional 8'/:"x 11"page,
typewritten,front only,and attached directly after this page.
Walk/bike-ways are functional components of the City's transportation system. This
walk/bike-way system will connect with an existing sidewalk along Perryville Road north
of the project area and the existing 4-plus mile long recreational trail that has recently
been constructed along Cape La Croix Creek. Through the construction of this
walk/Wm-way system,a large residential area in the north part of Cape Girardeau will
be connected to the Cape La Croix Recreational Trail that continues from the north side
of the City through Osage Park and Arena Park and on to the southern part of the City,
ending in Shawnee Park.
11. Project Benefits
What are the expected benefits resulting from you project? How does the project benefit the population on a local,regional,
or national level? What type of benefits are expected-economic development,tourism,safety enhancement,traffic volume
reduction or maintenance? Who are the perceived users? If more space is required it must be contained on one additional
8'/i"x 11"page,typewritten, front only and attached directly after this page.
Project Benefits. This project will benefit a large portion of the population of Cape
Girardeau by providing a connecting walk/bike-way between a large residential area and
a recreational trail which provides links to several major parks within Cape Girardeau.
The provision of this walk/bike-way will enhance safety for both adults and children,
who regularly walk,jog or ride bicydes in this part of Cape Girardeau. These walkers,
joggers, and bicyde riders currently have to walk,jog or ride their bicydes in two arterial
streets,Lexington Avenue and Perryville Road,competing for space with the 8,000
vehides who travel along Lexington Avenue and 6,000 vehicles who travel along
Perryville Road on a daily basis.
This walk/bike-way system will provide citizens an opportunity to walk,jog and bicyde
safely separated from vehicular traffic. Additionally,vehicular traffic will not have to
contend with the walkers,joggers and bicyclists on these arterial streets. This walk/bike-
way system will provide access from the Perryville Road/Cherokee Park area up to
Lexington Avenue and then west to connect to Osage Park and Community Centre and
with the 4-plus mile long recreational trail along Cape La Croix Creek through Arena
Park to the southern portion of Cape Girardeau and Shawnee Park. The parks and
Community Centre that this walk/bike-way system will connect are heavily used facilities.
For example,Cherokee Park had 4,590 visitors in 1998,while the Osage Community
Centre had 170,000 users between April 1997 and the end of 1998.
The walk/bike-way system will provide three basic functions: transportation,recreation,
and physical fitness. The citizens will have access from the northern residential areas to
the southern portion of the City through this proposed connection to the Cape La Croix
Recreational Trail. This walk/bike-way system will lend itself well to a variety of users.
Commuters can walk or bike to work by way of this system and the existing Cape La
Croix Trail as an alternate mode of transportation. The central section of the Cape La
Croix Trail passes through major commercial areas along Independence Street,
Kingshighway and William Street, providing access to businesses and work in this area.
Senior citizens can use this walkway system for a leisurely stroll or as part of an exercise
routine. Children will be able to safely access a number of City parks through the use of
the walk/bike-way system.
TRANSPORTATION CEMENT FUNDS
ROGRAM PPLICATION
12. Project Maintenance
Who will maintain this project? What will need to be maintained in the short and long term and what institution will be
responsible for that? Please note: MoDOT will not be responsible for maintaining your project unless prior written consent
has been obtained and agreed upon by MoDOT. The city or county may enter into an agreement with another entity to
maintain the project. If this is the case,a commitment letter must be included with the application. However,ultimately,
MoDOT will hold the local government responsible for assuring that the project is properly maintained. Failure to do so may
result in the removal of your project. Please note that enhancement funds are not available for ongoing maintenance
activities such as mowing and snow removal.
Project Maintenance. The City of Cape Girardeau will maintain the walk/bike-way
system.The City currently has 86 employees in its Public Works Department who
maintain the City's infrastructure. This walk/bike-way system will be part of the
Department's maintenance responsibilities.
13. Environmental and Cultural Resource Considerations
If your project impacts any of the following issues,they will need to be addressed by the project sponsor by obtaining the
necessary clearances. It should be noted that addressing these issues could require regulatory involvement by other
governmental agencies and significantly increase the cost of your project. MoDOT and/or other governmental agencies may
have questions or concerns regarding these issues and you may be asked to provide additional information regarding this
questionnaire. Does your project involve:
Historic buildings or archaeological sites? 0 Yes l] No
Parks and recreation areas? 0 Yes l] No
Wetlands and/or swamp areas? 0 Yes ® No
Creeks or rivers? 0 Yes El No
Stream straightening and/or stream crossing? 0 Yes El No
Lakes or ponds? 0 Yes in No
Known hazardous materials and/or wastes? 0 Yes ill No
Floodplains? 0 Yes &J No
In the space below,please describe any impacts that you may have on any of the items listed above. Be sure to discuss any
correspondence that your agency has had with or clearances previously obtained from the Missouri Department of Natural
Resources,MoDOT,Missouri Department of Conservation, or other regulatory agencies.
Environmental and Cultural Resource Considerations. This project will have no impact
on any of the listed environmental or cultural resources. In fact,it will enhance the use
of Cherokee,Osage,Arena and Shawnee Parks, as well as the Cape Woods Conservation
Area adjoining Osage Park
TRANSPORTATION ANCEMENT FUNDS
PROGRAM PPLICATION
14. Design Experience
Whom do you anticipate will do the design work for the proposed project(own staff,consultant,other)? If you intend to use
your own staff,what similar projects have been designed by your agency?
Design Experience. The project will be designed by City staff. The City's Engineering
Department has designed sidewalks and trails in the past.
15. History and Planning
Has your agency implemented this type of project in the past or is this project another phase of a previously funded
enhancement funds project? Is this project part of an existing plan,and if so,what type of plan?
History and Planning. The City has included this project as part of its five-year Capital
Improvements Program for the last two years. The proposed walk/bike-way system will
connect to the Cape La Croix Recreational Trail which was partially funded with ISTEA
funds.
TRA.NSPORITATIONANCEMENT FUNDS
ROGRAM WPLICATION
15. We, the undersigned:
• Hereby submit this project application to the Missouri Department of Transportation(MoDOT)for approval of the project
concept.
• Understand that the transportation enhancement funds program is not a grant program, and that enhancementfunds are
administered by MoDOT.
• Understand that enhancementfunds payments will be made by MoDOT as work progresses,and that no payments will be
made until all local requirements have been met and proper documentation has been submitted to MoDOT.
• Hereby assure MoDOT that the required match will be available for all enhancementfunded phases of this project at a
time and through a process mutually agreed to by both MoDOT and the local government(s).
• Understand that the project costs in this proposal are preliminary estimates only,and that actual final costs may be more
or less than those reflected herein. We understand that any variance in enhancement funded projects will also affect the
amount of the required local match and we are prepared to accommodate any additional local matching requirements.
• Hereby assure MoDOT that the local government(s)will maintain(or cause to be maintained)this project in a way and
for a period of time mutually agreed to by all parties. Wefurther understand that there will be aformal written
agreement between the Missouri Highway and Transportation Commission(MHTC)and the local government(s)prior to
project implementation.
• By s ' ' application,your organization(local government,state agency or federal agency or department)agrees to
me all r:ponsibility for all environmental and cultural resource impacts that this project may have and understands
that this ' ogram is subject to availability and eligibility offederal funding.
City Manager March 9, 1999
Name itle Date
Michael G. Miller
Please include 15 copies(16 copies are required in MPO areas)of your application
along with your original.
Send all applications to your district office at the locations listed in the brochure by
March 15, 1999. If your project is located within an MPO area, you must send a
duplicate copy of the application to the MPO listed within the brochure.
Please call your district office with any questions.
BILL NO. 9 9-3 3 RESOLUTION NO. )'i 33
A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT
OF TRANSPORTATION FOR TRANSPORTATION EQUITY ACT FOR
THE 21sT CENTURY (TEA-21) FUNDS FOR THE CONSTRUCTION
OF PEDESTRIAN SIDEWALKS ON PERRYVILLE ROAD AND
LEXINGTON AVENUE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI,AS FOLLOWS:
WHEREAS, the Transportation Equity Act for the 21"Century (TEA-21),a
continuation of the U.S. Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA),
provides funding for surface transportation enhancement projects, and;
WHEREAS,the Missouri Department of Transportation (MoDOT) is charged with
administering such funds and projects in the State of Missouri,and;
WHEREAS, the City of Cape Girardeau has needs which may be addressed through
the State's Surface Transportation Enhancement Program,among which is the construction of
pedestrian sidewalks along Perryville Road between Lexington Avenue and Cape Rock Drive
and along Lexington Avenue between Perryville Road and Cape La Croix Road(Route W).
NOW,THEREFORE BE IT RESOLVED,by the City of Cape Girardeau,Missouri,
that the City desires to apply to the Missouri Department of Transportation for funds for the
improvement of the community under the activities authorized pursuant to the
Transportation Equity Act for the 21"Century(TEA-21).
THEREFORE BE IT FURTHER RESOLVED,that the City Manager of the City of
Cape Girardeau,Missouri,hereby is authorized to prepare and submit documents which are
necessary in applying for funding and to establish the administrative framework to implement
activities pursuant to the aforementioned act if funding is awarded.
PASSED AND ADOPTED THIS kD tit. DAY OF ca4 blur rvu f , 1999.
61/t (-4(-11'e #
A.M. Spradling, III, Mayor
ATTEST:
4 �� ,4a.A
Gayle L. onrad
Deputy City Clerk
BILL NO. 9 9-3 3 RESOLUTION NO. 1(I 33
A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT
OF TRANSPORTATION FOR TRANSPORTATION EQUITY ACT FOR
THE 21' CENTURY (TEA-21) FUNDS FOR THE CONSTRUCTION
OF PEDESTRIAN SIDEWALKS ON PERRYVILLE ROAD AND
LEXINGTON AVENUE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI,AS FOLLOWS:
WHEREAS, the Transportation Equity Act for the 21"Century (TEA-21),a
continuation of the U.S. Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA),
provides funding for surface transportation enhancement projects, and;
WHEREAS, the Missouri Department of Transportation (MoDOT) is charged with
administering such funds and projects in the State of Missouri,and;
WHEREAS,the City of Cape Girardeau has needs which may be addressed through
the State's Surface Transportation Enhancement Program,among which is the construction of
pedestrian sidewalks along Perryville Road between Lexington Avenue and Cape Rock Drive
and along Lexington Avenue between Perryville Road and Cape La Croix Road(Route W).
NOW,THEREFORE BE IT RESOLVED,by the City of Cape Girardeau,Missouri,
that the City desires to apply to the Missouri Department of Transportation for funds for the
improvement of the community under the activities authorized pursuant to the
Transportation Equity Act for the 21"Century(TEA-21).
THEREFORE BE IT FURTHER RESOLVED,that the City Manager of the City of
Cape Girardeau,Missouri,hereby is authorized to prepare and submit documents which are
necessary in applying for funding and to establish the administrative framework to implement
activities pursuant to the aforementioned act if funding is awarded.
PASSED AND ADOPTED THIS /0 tit DAY OF c4Thvr o'u., , 1999.
A.M. Spradling, III, Mayor
ATTEST:
it-flv o'cEn.40,A
Gayle L. onrad
Deputy City Clerk
4
Or
W I
•
1
CCO FORM: TP3 CITY OF CAPE GIRARDEAU
Approved: 4/95 (MGB) PROJECT NO. STP-1500(005)
Revised: 7/98 (BDG)
Modified:
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
TRANSPORTATION ENHANCEMENT FUNDS
PROGRAM AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highway and Transportation
Commission (hereinafter, "Commission") and the City of Cape Girardeau, a municipal
corporation in the State of Missouri (hereinafter, "City").
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 in Section 1007
of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA, P.L. 102-240,
23 U.S.C. §101, §104 and §133)funds to be used for transportation enhancement
activities. The purpose of this Agreement is to grant the use of such transportation
enhancement funds to the City.
(2) LOCATION: The transportation enhancement funds which are the subject
of this Agreement are for the project at the following location:
This project is located in S23,24,25,26, T31 E, R13E and S30, T14E, T31 N,
beginning at the intersection of Cape LaCroix Road (Rte. W) and Lexington
Avenue, thence; in a northeasterly and easterly direction within the existing right
of way of Lexington Avenue to the intersection of Lexington Avenue and
Perryville Road, thence; in a southeasterly direction within the existing right of
way of Perryville Road to the intersection of Cape Rock Drive and Perryville
Road, end of project.
The general location of the project is shown on attachment marked "Exhibit A"
and incorporated herein by reference.
(3) INDEMNIFICATION: The City shall be responsible for injury or damages
as a result of any services and/or goods rendered under the terms and conditions of
this Agreement. In addition to the liability imposed upon the City on the account of
personal injury, bodily injury, including death, or property damage, suffered as a result
of the City's performance under this Agreement, the City assumes the obligation to save
harmless the Commission, including its agents, employees and assigns, and to
indemnify the Commission, including its agents, employees and assigns, from every
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r
expense, liability or payment arising out of such wrongful or negligent act or omission,
including legal fees. The City also agrees to hold harmless the Commission, including
its agents, employees and assigns, from any wrongful or negligent act or omission
committed by any subcontractor or other person employed by or under the supervision
of the City for any purpose under this Agreement, and to indemnify the Commission,
including its agents, employees and assigns, from every expense, liability or payment
arising out of such wrongful or negligent act or omission. It is the intent of the parties
that the Commission assume no liability for the completion of the contemplated
improvements.
(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 City and the Commission.
(5) COMMISSION REPRESENTATIVE: The Commission's Chief 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 City agrees as follows:
(A) Civil Rights Statutes: The City shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et
seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S.C.
§12101, et seq.). In addition, if the City is providing services or operating programs on
behalf of the Department or the Commission, it shall comply with all applicable
provisions of Title II of the "Americans with Disabilities Act".
(B) Executive Order: The City shall comply with all the provisions of
Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of
Missouri, on the fourteenth (14th) day of January 1994, which executive order is
incorporated herein by reference and is made a part of this Agreement. This Executive
Order, which promulgates a Code of Fair Practices in regard to nondiscrimination, is
incorporated herein by reference and made a part of this Agreement. This Executive
Order prohibits discriminatory practices by the state, the City or its subcontractors
based on race, color, religion, national origin, sex, age, disability or veteran status.
(C) Administrative Rules: The City shall comply with the administrative
rules of the United States Department of Transportation relative to nondiscrimination in
federally-assisted programs of the United States Department of Transportation (49
C.F.R. Part 21) which are herein incorporated by reference and made part of this
Agreement.
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i
(D) Nondiscrimination: The City shall not discriminate on grounds of
the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The City shall not participate either directly or
indirectly in the discrimination prohibited by 49 C.F.R. §21.5, including employment
practices.
(E) Solicitations for Subcontracts, Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the City. These apply to all solicitations either by
competitive bidding or negotiation made by the City for work to be performed under a
subcontract including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the City of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, creed,
sex, disability or national origin, age or ancestry of any individual.
(F) Information and Reports: The City shall provide all information and
reports required by this Agreement, or orders and instructions issued pursuant thereto,
and will permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the Commission or the United States Department
of Transportation to be necessary to ascertain compliance with other contracts, orders
and instructions. Where any information required of the City is in the exclusive
possession of another who fails or refuses to furnish this information, the City shall so
certify to the Commission or the United States Department of Transportation as
appropriate and shall set forth what efforts it has made to obtain the information.
(G) Sanctions for Noncompliance: In the event the City fails to comply
with the nondiscrimination provisions of this Agreement, the Commission shall impose
such contract sanctions as it or the United States Department of Transportation may
determine to be appropriate, including but not limited to:
1. Withholding of payments under this Agreement until the City
complies; and/or
2. Cancellation, termination or suspension of this Agreement,
in whole or in part, or both.
(H) Incorporation of Provisions: The City 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 City will take such action with respect to any
subcontract or procurement as the Commission or the United States Department of
Transportation may direct as a means of enforcing such provisions, including sanctions
for noncompliance; provided that in the event the City becomes involved or is
threatened with litigation with a subcontractor or supplier as a result of such direction,
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the City may request the United States to enter into such litigation to protect the
interests of the United States.
(7) ASSIGNMENT: The City 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 City 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 City 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 City.
(10) AUDIT OF RECORDS: The City must maintain all records relating to this
Agreement, including but not limited to invoices, payrolls, etc. These records must be
available at all reasonable times at no charge to the Commission and/or its designees
or representatives and to the Federal Highway Administration ("FHWA") during the term
of this Agreement and any extension, and for three (3) years from the date of final
payment made under this Agreement.
(11) ACQUISITION OF RIGHT OF WAY: No acquisition of additional right of
way is anticipated in connection with Project STP-1500(005) or contemplated by this
Agreement.
(12) MAINTENANCE OF DEVELOPMENT: The City shall maintain the herein
contemplated improvements without any cost or expense to the Commission. All
maintenance by the City shall be done for the safety of the general public and the
esthetics of the area. If the City fails to maintain the herein contemplated
improvements, the Commission or its representatives, at the Commission's sole
discretion shall notify the City in writing of the City's failure to maintain the improvement.
If the City 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 City. Maintenance includes but is not limited to
mowing and trimming between shrubs and other plantings that are part of the
improvement.
(13) PLANS: The City 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.
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(14) REIMBURSEMENT: With regard to work under this Agreement, the City
agrees as follows:
(A) Any federal funds for transportation enhancement activities shall
only be available for reimbursement of eligible costs which have been incurred by City.
Any costs incurred by City prior to authorization from FHWA and notification to proceed
from the Commission are not reimbursable costs. The ratio for federal reimbursement
of eligible costs for the herein improvements is 78% up to a maximum of$283,089.07.
Any costs for the herein improvements which exceed any federal reimbursement or are
not eligible for federal reimbursement shall be the sole responsibility of City. The
Commission shall not be responsible for any costs associated with the herein
improvement unless specifically identified in this Agreement or subsequent written
amendments. The Commission shall not provide more than Two Hundred Eighty-Three
Thousand Eighty Nine dollars and 07/100 ($283,089.07) for this Transportation
Enhancement project.
(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 have been completed.
(C) In the event that the City does not submit the Plans, Specification,
and Estimate for this project and does not have construction authorization (authority to
advertise for bids) by September 30, 2001, the City agrees to reimburse the
Commission for any monies previously reimbursed to the City under this Agreement.
All monies previously programmed for this project shall be surrendered by City at this
time.
(15) PROGRESS PAYMENTS: The City may request that progress payments
be made during the construction of the herein improvements. The City shall submit to
the Commission any invoice for progress payments no less than on a monthly basis.
The City shall repay any progress payments which involve ineligible costs.
(16) PERMITS: The City shall secure any necessary approvals or permits
from any federal or state agency as required for the completion of the herein
improvements. If this improvement is on the right of way of the Commission, the City
must secure a permit from the Commission prior to the start of any work on the right of
way. 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.
(17) INSPECTION OF IMPROVEMENTS AND RECORDS: The City shall
assure that representatives of the Commission and FHWA shall have the privilege of
inspecting and reviewing the work being done by the City's contractor and subcontractor
on the herein project. The City 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 Transportation Enhancement
Program Agreement, and make such materials available at such contractor's office at
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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.
(18) 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.
(19) DISADVANTAGED BUSINESS ENTERPRISES: The Commission will
advise the City of any required goals for participation by disadvantaged business
enterprises to be included in the City's proposal for the work to be performed. The City
shall submit for Commission approval a disadvantaged business enterprise goal or
plan. The City shall comply with the plan or goal that is approved by the Commission
and all requirements of 49 C.F.R. Part 23 as amended.
(20) NOTICE TO BIDDERS: The City shall notify the prospective bidders that
disadvantaged business enterprises shall be afforded full and affirmative opportunity to
submit bids in response to the invitation and will not be discriminated against on
grounds of race, color, sex, or national origin in consideration for an award.
(21) FINAL AUDIT: The Commission will perform a final audit of project costs.
The United States Government shall reimburse the City, through the Commission, any
monies due. The City shall refund any overpayments as determined by the final audit.
(22) OMB AUDIT: If the City receives three hundred thousand dollars
($300,000) or more per year total of all federal financial assistance, it is required to
have an independent annual audit done in accordance with OMB Circular A-133. A
copy of the audit report shall be submitted to 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 City obtains less than three hundred
thousand dollars ($300,000), the City may be exempt from auditing requirements, but
records must be available for review by the applicable state and federal authorities.
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r
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the City this /6 day ofus-I- , 1931.
Executed by the Commission this /94'day of I , 19a.
l;.
MISSOURI HIGHWAY AND ,€ CITY i�F CAPE GIRAOEAU
TRA RTATION C MMIS ION
Assistant To C ief Engineer
Title Operations — Title M;eh' J t .f�iI ev, (,i+t) Mav1k5er
By A,/ j i7 eA�C2aZ
Secretary to the Commission
Title Cali 1 Clerk
Approved as to Form: Approved as to Form:
alg/f41A'' Title
om ission Counsel
Ordinance No
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4
CCO FORM: TP3-SUP Cape Girardeau County
Approved: 10/97 (BDG) City of Cape Girardeau
Revised: 11/03 (BDG) Project No. STP-1500(005)
Modified:
CFDA Number: CFDA#20.205
CFDA Title: Highway Planning and Construction
Award name/number: STP-1500(005)
Award Year: FY98
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TRANSPORTATION ENHANCEMENT FUNDS
SECOND SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into by the Missouri Highways and
Transportation Commission(hereinafter, "Commission") and the City of Cape Girardeau
(hereinafter, "City").
WITNESSETH:
WHEREAS, on April 12, 2000, the Commission and the City previously entered into a
Transportation Enhancement Funds Agreement as to public improvements designated as Project
No. STP-1500(005), for the construction of a bike/walkway system, (hereinafter, "Original
Agreement"); and
WHEREAS, the Commission and the City now desire to revise the Original Agreement.
NOW, THEREFORE,in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
(1) REVISION: Paragraph 14 (C) of the Original Agreement is removed and
replaced with the following:
In the event that the City does not submit the Plans, Specification and Estimate for this
project by June 21, 2004, and does not have construction authorization (authority to advertise for
bids)by June 21, 2004, the City agrees to reimburse the Commission for any monies previously
reimbursed to the City under this Agreement. City shall surrender all monies previously
programmed for this project at this time.
•
(2) ORIGINAL AGREEMENT: Except as otherwise modified, amended, or
supplemented by this Supplemental Agreement, the Original Agreement and all previous
Supplemental Agreements between the parties shall remain in full force and effect.
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.r
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last
written below.
Executed by the City this ( °1+k day of r , 200 3 .
Executed by the Commission this day of ,/itttaitcr , 20 Oil.
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU
/7;4; ByQ
/�� -/CG?z'C�d
Title: Chief Engineer Title: t:\ fti0\/► e
ATTEST; ATTEST:
2-7,/_e, By Ate j 'c(.67,1,tod
Secretary to the Commission
Title: Q-A\-1 r K
Approved as to Fd'rm: Approved as to Form:
,42//1,,,,_
4/.&&,(//
Com sion Counsel
Title: C,,i,4-1 Adiro r 1\
Aftliftttnee No. 1 q 33
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CCO FORM: TP3-SUP Cape Girardeau County
Approved: 10/97 (BDG) City of Cape Girardeau
Revised: 11/03 (BDG) Project No. STP-1500(005)
Modified:
CFDA Number: CFDA#20.205
CFDA Title: Highway Planning and Construction
Award name/number: STP-1500(005)
Award Year: FY98
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TRANSPORTATION ENHANCEMENT FUNDS
SECOND SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into by the Missouri Highways and
Transportation Commission(hereinafter, "Commission") and the City of Cape Girardeau
(hereinafter, "City").
WITNESSETH:
WHEREAS, on April 12, 2000, the Commission and the City previously entered into a
Transportation Enhancement Funds Agreement as to public improvements designated as Project
No. STP-1500(005), for the construction of a bike/walkway system, (hereinafter, "Original
Agreement"); and
WHEREAS, the Commission and the City now desire to revise the Original Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
(1) REVISION: Paragraph 14 (C) of the Original Agreement is removed and
replaced with the following:
In the event that the City does not submit the Plans, Specification and Estimate for this
project by June 21, 2004, and does not have construction authorization (authority to advertise for
bids)by June 21, 2004, the City agrees to reimburse the Commission for any monies previously
reimbursed to the City under this Agreement. City shall surrender all monies previously
programmed for this project at this time.
(2) ORIGINAL AGREEMENT: Except as otherwise modified, amended, or
supplemented by this Supplemental Agreement, the Original Agreement and all previous
Supplemental Agreements between the parties shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last
written below.
Executed by the City this I °9+1A_ day of .L _ eim r , 2003 .
Executed by the Commission this day off At(,(,(,C ur , 20 Oil.
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU
/Cf41WelW By
�L�
Title: Chief Engineer Title:
ATTEST ATTEST:
,, By Q,2)-a1,w�
Secretary to the Commission
Title: U4-1 C(2 r K
Approved as to Form: Approved as to Form:
247 jzo
Com • Sion Counsel
Title: -1--y c� r y'Ln
(45 0(w-{-i m1 I
Ordinance No. 1g33
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