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Home My WebLink AboutRES.1496.09-07-1999BILL NO. 99-213 RESOLUTION NO. M (P 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 WALKWAYS ON LEXINGTON AVENUE, SPRIGG STREET AND BERTLING STREET BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: WHEREAS, the Transportation Equity Act for the 2151 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 walkways along Lexington Avenue between Perryville Road and Sprigg Street and along Sprigg Street south of Lexington past the new Blanchard Elementary School to the entrance to the SEMO State University Intramural Fields and along a 1,000 -foot section of Bertling Street west of Sptigg Street. 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 sign all necessary documents if funding is awarded. PASSED AND ADOPTED THIS DAY OF ) 1999. I IV V"--., A.M. pradling, III, Mayor ATTEST: Gayl L. Conrad City Clerk TRA SPTATION THANCEMENT FUNDS YROGRAM P PLICATION MODeOrr FY 1999 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#1: Kent M. Bratton Contact#2: Title: City Planner Title: Address: 401 Independence Address: Cape Girardeau, Mo. 63703 Telephone: (573) 334-8326 Telephone: Fax: (573) 651-0860 Fax: 2. Project Title: Lexington Trace of Cape LaCroix Trail II 3. Project Information: MoDOT District Number: 10 County: $83,529.62 Total Federal Funds Requested: $ 296,150.47 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 TRANSPQRTATION HANCEMENT FUNDS YROGRA M 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: DI The project sponsor guarantees at least a 20%match 131 The project will be open for public access in perpetuity IR The organization is a state agency, federal agency or department,or a local city or county government C2 If the project sponsor is a state agency,federal agency or department,a resolution of support has been submitted with this application as required M Photographs have been submitted as required with this application ® A detailed breakdown of the total project costs has been included with this application 12 This application has been submitted with all pages,including the application, letters,endorsements and supporting information is on 81/4"by 11"paper and stapled or secured in the upper left corner of each application package. PLEASE NOTE: Binders folders,and cover sheets 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 eleven categories 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. ❑ Facilities for pedestrians and bicycles for transportation 0 Preservation of abandoned railway corridors including purposes and the provision of safety and educational conversion and use thereof for pedestrian and bicycle activities for bicyclists and pedestrians trails ❑ Acquisition of scenic easements and historic or scenic 0 Control and removal of outdoor advertising sites 0 Archaeological planning and research ❑ Scenic or Historic Highway Programs including the 0 Mitigation of water pollution due to highway runoff or provision of tourist and welcome center facilities reduce vehicle-caused wildlife mortality while ❑ Landscaping and other scenic beautification maintaining habitat connectivity ❑ Historic Preservation 0 Establishment of transportation museums ❑ Rehabilitation and operation of historic transportation buildings,structures or facilities 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 81/4"x 11." See next page Describe the project location. A four-foot wide concrete walkway will be constructed within the existing right-of-way of Lexington Avenue between Perryville Road and North Sprigg Street,continuing down Sprigg Street in the existing right-of-way south past a new elementary school to the entrance to SEMO State University's recreational fields. This walkway will connect with an existing sidewalk that SEMO State University has constructed along Sprigg Street. The University and the Cape Girardeau School District are cooperating with the City in the coordination of this walkway project,since portions of this walkway will be in front of University and School District property. The walkway will be constructed along the north side of Lexington Avenue and the west side of Sprigg Street. Additionally, this project will include a walkway to be constructed along the north side of Bertling Street for 1000 feet west of Sprigg Street in front of SEMO State University recreational fields. Lexington Avenue, Sprigg Street and Bertling Street are all heavily traveled arterial streets in a rapidly developing residential area of Cape Girardeau. This walkway system will connect with the"Lexington Trace"walk/bikeway system that was recently approved as a TEA-21 project. The currently funded project will construct a walkway along Lexington Avenue between the City's Cape La Croix Recreational Trail and Perryville Road. 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Q ' ill( ,��1 1' /.fig 111111= 111111-6.1�= p • jcg, _ 1 =. %I:1""„,, �1 114: •• �=■ �� ,_ E.z• 11111111_ °::■_ "' -�1. `i. - ,' �j' 1/14114 1 4 -:1�I y-1-\.'":41/111, a•t) __L111111 1 ■ \�`1 Ilan 111114Q■�11-170_ a Q c•I:■`',.-- ■EN , ■°I..711! D ■'11111.1 Ii1�111Ti1_ski!! Illi_-114,--:.... =v I `�� I ��I"�.,! 1111 11\'�\ c itirra.k."" 111 1 7 Nib, i�_� _®■_ ■ '�111 I _ On- ill IQ _ 1�: TRANSPQRTATION HANCEMENT FUNDS PROGRAM 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 81/2"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, and construction of a four-foot wide, four-inch thick,concrete walkway with handicap-access ramps and seeding and strawing of disturbed ground. The walkway will be constructed along the north side of Lexington Avenue between Perryville Road and North Sprigg Street and then continue south on the west side of Sprigg Street to the SEMO State University recreational fields. The School District has constructed a portion of this walkway along the front of their new elementary school. Additionally,a sidewalk will be constructed on the north side of Bertling Street for approximately 1,000 feet west of Sprigg Street to provide access to additional SEMO State University recreational facilities,which are being constructed on the northwest quadrant of the Sprigg Street/Bertling Street intersection. There are currently no sidewalks in this residential neighborhood,which is undergoing development. There are many adults and children in this area of Cape Girardeau who walk,jog and ride their bicycles along Lexington Avenue and Sprigg Street,which are both arterial streets with high traffic volumes. The total length of this walkway is 15,000 linear feet. The walkway will be constructed within the existing right-of-way of Lexington Avenue, Sprigg Street and Bertling Street, so no acquisition of property will be necessary for this 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: HANDK1PP ACCESS RAMPS(TsP.) SIKVKR RMPI COOMMxTC0 TO[DIMS &ACK OF CURBSEE OVALS COlDITIO6 FK f0.LOVING SLOPES KED. K VK 1 ARIA Y RISC AMNI,A, 11116. _ L/ __--__--__ ■__—' A 2. MAr SLATE VARIES . MT 34.0.34.0.E It 10 LN M� MIN P.C.QSfDEWAEK b RAM SLOPE HAY dU RMKCKALU[GAOPS mac; [ C D - _ , RAMP STREET ROO OF MAX LINE 1 3 OAPSvK LocATED FROCtO AGA RS(LOCKAGEPARKED vENICLCS. 4. WILT-UP RAIDS IMT IC CONSTRUCTED N[OC DRAPUCL 1 AND TIGLITK AD AR(TOT VCRICLT MTCCTCD VARIES CONTRACTION GONIRAG710N JOINTS ON S. CDNDUMTld1 FOUR OR FNE FOOT INTERVALS. C I TIo.COPKCT- K vAA�COT CWI RAPS t. RAIPD DILILL NAA[KTCCTADL[VARNMGS COCKING ALLEY RICHT OF WAY TK ruLL VIDTN AND DEPTH K TK CURL RAMP. • EXPANSION JOION FIFTY FOOT INTERVALS. NOTES: 1. SIDEWALK RAMPS CONSTRUCTED TO EXISTING CONDITIONS THE FOLLOWING SLOPES MAY BE USED, 6' RISE 3' RISE -MAXIMUM MAXIMUM MAY SLOPE MAY SLOPE 1110 TO 142 1,8 TO 1110 NO RAMP SLOPE MAY EXCEED 18 DI 2. RAMP SIDE FLARE SLOPES SHALL NOT EXCEED 112 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. MINOR LEVEL CHANGES MAX. 1/4' VERT. CHANGE MAY BE VERTICAL 1/4' TO 1/2' LEVEL CHANGE MAY HAVE BEVEL SLOPE OF 1,2 Lexington Avenue looking West at Yorktown Drive r: 7'7- • Lexington Avenue looking East towards Old Sprigg St. F y x.ray,.^.c f ~�4,--1 >�" ` '..i..;, 8 r Sprigg Street looking South towards Bertling Street TRANSPQRTATION HANCEMENT FUNDS YR OGRAM PPLICATION 9. Project Cost Estimates Applicant must 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* $ 30,374.41 C. Utility Relocation $ 0 D. Materials $ 107,795.58 E. Labor/Construction $ 1q5,948_49 F. Contingency on Construction** $ 10,374 4 i G. Construction Engineering*** $ 15,187.20 Total Project Cost $ 379,680.09 Matching Percentage of Total Cost by Local Government: 22 % Total Federal Reimbursement: $ 296,150.47 *Design/Preliminary Engineering is limited to 10%of Sections C through E above. **Contingencies will be allowed on construction costs only and are limited to 10%of the total cost for items C through E above,and must be detailed and expressed as possible change order items. ***Construction Engineering will be allowed on construction costs only and are limited to 5%of the total cost for items C through 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 $379,680.09, of which the City's share will be $83,529.62. The Grant Request is for$296,150.47. Name and Title of individual who prepared the cost estimates for this project: Mark Lester / City Engineer Signature: [ % Telephone Number: (573) 334-9020 CCO FORM: TP3 CITY OF CAPE GIRARDEAU Approved: 4/95 (MGB) STP-1500(001) 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: Located within the existing right of way of Lexington Avenue between Perryville Road and North Sprigg Street, continuing down Sprigg Street in the existing right of way south past a new elementary school to the entrance to SEMO State University's recreational fields. Additionally, the project will include a walkway to be constructed along the north side of Bertling Street for 1000 feet west of Sprigg Street. 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 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 -1- I 3 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. (D) Nondiscrimination: The City shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any -2- 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, the City may request the United States to enter into such litigation to protect the interests of the United States. -3- • (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(001) 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. (14) REIMBURSEMENT: With regard to work under this Agreement, the City agrees as follows: -4- a S (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$296,150.47. 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 Ninety Six Thousand One Hundred Fifty dollars and 47/100 ($296,150.47) 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 by September 30, 2002, and does not have construction authorization (authority to advertise for bids) by September 30, 2002, 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 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, -5- • 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 ($300,000), the City may be exempt from auditing requirements, but records must be available for review by the applicable state and federal authorities. -6- 3 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this 30i-11 day of NnreJr) , 200o Executed by the Commission this MIA'day of , 2000. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION CITY OF PE GIRARDEAU .--4011111.3111 .7" Title 1711. Chief Engineer Title 4 i-r e! C. Millet P�iy Monay r • ��s�yy�� / By I[ ; Secretary to the Commission Title 6 Clefik Ap•roved as to Form: Approved as to Form: "� , rG �, i �� tA,I Title ��7�//�' '/ -000 ommi,it ion Counsel '4u� o j:\contract\tp\tp3 -7- a I 1 I *Aga,� -'� III . t'al *L40 is N*ma II Et I _ L..M11 .' ,111111111111111\ ti NM M.r...,,,,,,,r . ,Iii a_ ..,—, r leb I"' petal ri''''''' , 4, a, .avi .., 111 I:------61 i.,...., P 01N11 . .F. }.�: \7-411111 �•,1. 1.11!■ • ��w_�i• Lexington Trace Il )11117"4 r■ui -- q�ef1�----- frr a 1111 rui"p�r r ra imi num .t.-0.0.9° PRIIIIirit —•-•' ' " ks$.412111`' --14thot i eat num 1111=011 foliirtiP4,,iille *Alb 'op m'. Q :A .. bra _ �b.� p L �� ' '. 1�1 �' ply. �,,.MIL 61 an.� f /■nu-4 II !� ..._..__3_...24.,,,,_�i. Ida 4,11101.4L•14 , fir ♦ , ■ Cl ■■■ `�"+~•��•I'�1�Ar' ME\ �� '� ,.•��4 *;;_itettlifijg itt.17.14:1E111111 in .....,-•...l...,`'R ili tet: �� • �CI.01-101447:11i ti-":z.dx..� a;Yr � It' -'fes' 4. ,+r.^'tet- v . ■... ;. -7.4r.r Lexington Avenue __-i ■� rd� ��>`� :'j:1.�:y+i..[■Z "t rr ` Da aware Palk �! ie. •. ......-1.—.._I �.+• 11—`�■.:.:Iiuiii..i. R 1-x 'I* ".^\�• _ i 1 - IP'-/ ,mii : . ..,,,......,...:..„.„=.._,,..... ..,,,,...„.....li ftilt la .�.�. co 1 44101111pp =Ili) „,t,..",,,,..,....,... ,►' ;..../ ♦ M asNV f'11:.':fA�/ ,./ +' .,I':j • Budget for Lexington Trace II Lexington Avenue/Sprigg Street/Bertling Street Item Unit Est.Qty. Unit Price Est. Price Grading S.Y. 10,000 $3.15 $31,500.00 4'Sidewalk S.Y. 6667 $29.20 $194,676.40 Handicap-access ramps Each 24 $1,050.00 $25,200 Seed and straw Acres .75 $2,324.89 $1,743.66 Excavation Class "B" (20% of above) $50,624.01 Total Construction Cost $303,744.07 10%Contingencies $30,374.41 10%Preliminary Eng. $30,374.41 5%Construction Eng. $15,187.20 COST $379,680.09 TOTAL COST $379,680.09 City of Cape Girardeau(22%) $83,529.62 Grant Request $296,150.47 D:\Mutha\TEA-215gx with benling doc 09/13/99 TRANSPQRTATION HANCEMENT FUNDS PROGRAMAPPLICATION 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 link-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: GI 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. ❑ 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'Y2"x 11"page, typewritten,front only,and attached directly after this page. Walkways are a functional component of the City's transportation system. This walkway project will connect with the Lexington Trace walk/bikeway system,which was recently approved for TEA-21 funding. The recently funded project will connect this primarily residential area of the City with the 4-plus-mile long Cape La Croix Recreational Trail. The Lexington Trace II project for which the City is requesting funding will continue this walkway system east so that an even greater portion of the City will be linked to the Cape La Croix Recreational Trail. In addition,the Lexington Trace II project will connect a new elementary school, SEMO State University,and three City-owned park properties (Casquin, Delaware, and Cherokee Parks)to this walkway/bikeway system. 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 81/2"x 11"page,typewritten,front only and attached directly after this page. See next page Project Benefits. This project will benefit a large portion of the population of Cape Girardeau by providing a connecting walkway system across the northern section of the City to a recreational trail,linking several City parks, a new elementary school and SEMO State University. The provision of this walkway will enhance safety for both adults and children, who regularly walk,jog or ride bicycles in this part of Cape Girardeau. These walkers, joggers and bicyclists currently have to use the street,competing with the vehicular traffic. A traffic count conducted in 1998 reported approximately 3,000 vehicles a day traveled these sections of Lexington Avenue and Bertling Street, while 3,800 vehicles a day traveled on this section of Sprigg Street. These volumes are expected to increase significantly with the opening of the elementary school and the other development occurring in this area. The Lexington Trace II project will also provide a link to the SEMO State University campus,which is located at the south end of the proposed project. Additionally,a privately- owned student housing project which will house 384 students is being constructed along the proposed walkway route on the east side of Sprigg Street. The Lexington Trace II project will provide a connection for these students and other residents to a number of City parks (Casquin,Delaware,Cherokee,Osage,Cape Woods,Arena, and Shawnee), as well as the Cape La Croix Recreational Trail. The proposed walkway project will provide three basic functions: transportation,recreation, and physical fitness. This walkway will provide citizens an opportunity to walk,jog and bicycle safely separated from vehicular traffic. Additionally,vehicular traffic will not have to TRANSPQRTATION HANCEMENT FUNDS YR O GRAMAPPLICATION 12. Project Maintenance Who will maintain this project? What will need to be maintained in the short and lone 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 walkway system. The City currently has 86 employees in its Public Works Department who maintain the City's infrastructure. This walkway 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 ® No Parks and recreation areas? 0 Yes ® No Wetlands and/or swamp areas? 0 Yes IR No Creeks or rivers? 0 Yes ® No Stream straightening and/or stream crossing? 0 Yes ® No Lakes or ponds? 0 Yes 12 No Known hazardous materials and/or wastes? 0 Yes No Floodplains? 0 Yes ® 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 several City parks. TRANSPW.TATION HANCEMENT 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? Projects in general,require the review,seal.and signature of a registered professional engineer. Some projects require Landscape Architects to review,seal and sign the design plans,such as building structure projects,etc. Projects which strictly include only landscaping or signage do not require a registered professional to review,seal,and sign. 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. This proposed walkway system will connect to the City's previously funded Lexington Trace project and the Cape La Croix Recreational Trail which was partially funded with ISTEA funds. TRANSPQRTATION THANCEMENT FUNDS PROGRAM PPLICATION 16. 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 enhancement funds are administered by MoDOT. • Understand that enhancement funds 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 enhancement funded 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. We further understand that there will be a formal written agree- ment between the Missouri Highway and Transportation Commission(MHTC)and the local government(s)prior to pro- ject implementation. • By signing this application,your organization(local government,state agency or federal agency or department)agrees to assume all responsibility for all environmental and cultural resource impacts that this project may have and understands that this program is subject to availability and eligibility offederal funding. (ii"› l 147( Name Title Date Please include 15 copies (16 copies are required in MPO areas)of your application when submitting to the district office. Your original application is included and counted as one of the copies. It must be submitted as well. Send all applications to your district office at the locations listed in the brochure by September 15, 1999. Please call your district office with any questions. Rewired Contract Provisions for Federal-aid Construction Contracts Page 1 of 18 U.S. ,pc lrr€n1 c Tr ,xato1�+ 't ape L"� Federal Highway Administration FHWA HomeFeedback Infrastructure Program Administration REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Table of Contents I. General 1 II. Nondiscrimination 1 III. Nonsegregated Facilities 3 IV. Payment of Predetermined Minimum Wage 3 V. Statements and Payrolls 6 VI. Record of Materials, Supplies, and Labor 6 VII. Subletting or Assigning the Contract 7 VIII. Safety: Accident Prevention 7 IX. False Statements Concerning Highway Projects 7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act 8 Xl. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 8 XII. Certification Regarding Use of Contract Funds for Lodging 9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. http://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 2 of 113- • 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV(except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor(DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. Back to Table of Contents II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of$10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity(EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60)and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency(SHA)and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and http://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 3 of 18 • promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer."All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. http://www.fhwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 • Required Contract Provisions for Federal-aid Construction Contracts Page 4 of 1'8 b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions,joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without http://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 .Re9uired Contract Provisions for Federal-aid Construction Contracts Page 5 of 18 • regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: i. The number of minority and non-minority group members and women employed in each work classification on the project; ii. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; iii. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and iv. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the job training is being required by special provision, the contractor will be required to collect and report training data. Back to Table of Contents III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of$10,000 or more.) 1. By submission of this bid, the execution of this contract or subcontract, or the consummation of this http://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 6 of 18. material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. 2. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). 3. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of$10,000 or more and that it will retain such certifications in its files. Back to Table of Contents IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act(40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof)due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor(hereinafter"the wage determination")which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster(WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act(40 U.S.C. 276a)on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, 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 than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, http://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 7 of 18 and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: i. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; ii. the additional classification is utilized in the area by the construction industry; iii. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and iv. with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate)determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of http://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 8 of 1$ obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: i. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency(where appropriate)to be eligible for probationary employment as an apprentice. ii. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate)specified in the contractor's or subcontractor's registered program shall be observed. iii. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. iv. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: i. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. ii. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the httn://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 9 of 18 applicable wage rate on the wage determination for the work actually performed. iii. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. iv. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: d. Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld,from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above)shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. http://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 10 of 18- • 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory)for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. Back to Table of Contents V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding$2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B)of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of http://www.fhwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 11 of 18 • the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: i. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; ii. that such laborer or mechanic(including each helper, apprentice, and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; iii. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Back to Table of Contents VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, http://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Req*fired Contract Provisions for Federal-aid Construction Contracts Page 12 of 18 "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. Back to Table of Contents VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization"shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items"shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. c. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. d. The contractor shall furnish (a)a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work)and (b) such other of its own organizational resources (supervision, management, and engineering services)as the SHA contracting officer determines is necessary to assure the performance of the contract. e. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Back to Table of Contents VIII. SAFETY: ACCIDENT PREVENTION http://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 13 of 18 • 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). Back to Table of Contents IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS • In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project(23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: • "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation;or • Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation;or • Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; • Shall be fined not more that$10,000 or imprisoned not more than 5 years or both." http://www.fhwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 14 of 18- Back to Table of Contents X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of$100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal- aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof(40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency(EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. Back to Table of Contents XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification -Primary Covered Transactions: (Applicable to all Federal-aid contracts -49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns http://www.fhwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 -Rcquired Contract Provisions for Federal-aid Construction Contracts Page 15 of 18 that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person,""primary covered transaction," "principal,""proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs"(Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false http://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 16 of 18 statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. t x+t 3. Instructions for Certification -Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of$25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction,""debarred,""suspended,""ineligible,""primary covered transaction,""participant,""person,""principal," "proposal,"and"voluntarily excluded,"as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge http://www.thwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Required Contract Provisions for Federal-aid Construction Contracts Page 17 of 18 and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** Back to Table of Contents XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000-49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed http://www.fhwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 Rgquired Contract Provisions for Federal-aid Construction Contracts Page 18 of 18- $100,000 8-$100,000 and that all such recipients shall certify and disclose accordingly. Back to Table of Contents ATTACHMENT A-EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employment Service indicating (a)the classifications of the laborers, mechanics and other employees required to perform the contract work, (b)the number of employees required in each classification, (c)the date on which he estimates such employees will be required, and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1 c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Back to Table of Contents This page last modified on June 22, 1999 FHWA Home I Program Administration I Infrastructure Home I FHWA Feedback FHWA. United States Department of Transportation-Federal Highway Administration http://www.fhwa.dot.gov/infrastructure/progadmin/contracts/1273-2co.htm 03/28/2000 A V 5 CITY OF CAPE GIRARDEAU CITY HALL P.o.BOX 617 OFFICE OF THE CAPE GIRARDEAU,MO 63702-0617 CITY MANAGER TELEPHONE(573)334-1212 FAX(573)335-7946 COUNTY OF CAPE GIRARDEAU ) ) SS. STATE OF MISSOURI ) I, Gayle L. Conrad, duly qualified and acting City Clerk for the City of Cape Girardeau, Missouri, a Missouri municipal corporation, hereby certify that the attached is a true and correct copy of Resolution No. 1496 passed and adopted September 7, 1999, by the City Council of the City of Cape Girardeau, Missouri. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of September, 1999. C1\I-tAI D Gayle/L0) 0 IeConrad, CityClerk Li _I C,9(1_33fAad �/ r ‘1) s � ''\\t,a.�;; \� I /,` »\, �1 tu. l`HI� UNION i `* P��I2)JVtsz. *. SE Al, "HOME OF MISSOURI STATE FLAG" , . f BILL NO. 99-213 RESOLUTION NO. J'1 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 WALKWAYS ON LEXINGTON AVENUE, SPRIGG STREET AND BERTLING STREET 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 walkways along Lexington Avenue between Perryville Road and Sprigg Street and along Sprigg Street south of Lexington past the new Blanchard Elementary School to the entrance to the SEMO State University Intramural Fields and along a 1,000-foot section of Bertling Street west of Sprigg Street. 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 sign all necessary documents if funding is awarded. PASSED AND ADOPTED THIS iit. DAY OF OSI Pr() , 1999. i ,, 111,,,, ,,,,,, A. Spradling, III, Mayor • ATTEST: I i- /0 &x, Gayle 4 Conrad City Clerk CCO FORM: TP3-SUP City of Cape Girardeau Approved: 10/97 (BDG) Project No. STP-1500(001) Revised: 8/01 (BDG) Lexington Trace II Sidewalk and Trail Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TRANSPORTATION ENHANCEMENT FUNDS 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(001), 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 March 1, 2003, and does not have construction authorization(authority to advertise for bids)by March 1, 2003, 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. (2) ORIGINAL AGREEMENT: Except as otherwise modified, amended, or supplemented by this Supplemental Agreement, the Original Agreement between the parties shall remain in full force and effect. -1- v' IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this ;1'3IJJI day of (;(16,b, , 2002. Executed by the Commission this D a day of , 2002. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION / CITY 0 CAPE GIRARDEAU //, e/ /6 -/ Michael G. Miler Title: Chief Engineer Title: City Manager ATTEST: By ?.zttl') ) i,c'`i�Z9z)E7 Secretary to the Commission Title: (a Approved as to Form: Approved as to Form: VAN17/117/7 � W. E is � nninc�am /Z Title: Ci y •tt rney Com ':sion o el ° I;' �.Q S ( itrartee No. 1 `-q to -2- • CCO FORM: TP3-SUP Cape Girardeau County Approved: 10/97 (BDG) City of Cape Girardeau Revised: 11/03 (BDG) Project No. STP-1500(001) Modified: CFDA Number: CFDA#20.205 CFDA Title: Highway Planning and Construction Award name/number: STP-1500(001) Award Year: FY99 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(001), 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. -1- IN WITNESS WHEREOF,the parties have entered into this Agreement on the date last written below. Executed by the City this 4 1' day of -D10-(r" , 20 0 3 . Executed by the Commission this I- day of JO/MALI?20 01. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU AO;49 Title: Chief Engineer Title: C'`"4-1 ATTEST: - ATTEST: By CALk� Secretary to the Commission „ Q r k Title: Approved as to Form: Approved as to Form: it1/. 16 /11/A///f/fe Comsion Counsel Title: U-11 A-4-0 Y- Ordinance No. 1LI 910 -2-