HomeMy WebLinkAboutOrd.1534.05-16-1994I
BILL NO. 94-105 ORDINANCE NO. !'
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A TRANSPORTATION ENHANCEMENT FUNDS
PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAY
AND TRANSPORTATION COMMISSION FOR THE CITY
RECREATIONAL TRAIL PROJECT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute a
Transportation Enhancement Funds Program Agreement [Project STP-
1500 (002) ] , with the Missouri Highway and Transportation Commission
for the City recreational trail project from the end of the trail
constructed by the Corps of Engineers flood control project to
Route W. A copy of said Agreement is attached to this Ordinance
and made a part hereof.
ARTICLE 2 . Pursuant to Section 3 . 15 of the Charter of the
City of Cape Girardeau, Missouri, this measure is adopted as an
emergency measure as it constitutes a Bill concerning the immediate
preservation of public peace, property, health, safety or morals.
Accordingly, this ordinance will take effect immediately upon its
passage and approval.
PASSED AND APPROVED THIS i DAY OF /-'iCE'.Ct 19 " . .
f `
A. . Sp adling, III, ayor
ATTEST:
li't ;„ - i;
Gayle ' . Conrad
Deputy City Clerk
CITY Cape Girardeau
COUNTY Cape Girardeau
PROJECT STP-1500(002)
CCO FORM: PL4
Approved:
Revised:
Modified:
TRANSPORTATION ENHANCEMENT FUNDS
PROGRAM AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highway and
Transportation Commission (hereinafter, "Commission") and [if city, use: the City
of Cape Girardeau, a municipal corporation in the State of Missouri, (hereinafter
City")] or [if a county, use: the County of hereinafter "County") or
Department of Natural Resources, herema er, epa ment)]
WITNESSETH
NOW, THEREFORE, in consideration of these mutual covenants,
provisions, representations, the parties agree as follows:
1) Purpose: The United States Congress has authorize in Section 1007 of
the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA, P.L. 102-
240, 23 U.S.C. Sec. 101, 104 and 133) funds to be used for transportation
enhancement activities. The purpose o this agreement is to grant the use of
such transportation enhancement funds to [City or County or Department].
2) Location: The transportation enhancement funds which are the
subject of this agreement are for the project at the following location:
describe the project and location]
The general location of the project is shown on attachment marked "Exhibit
A" and incorporated herein by reference.
3) Indemnification: City shall indemnify and same harmless the
Commission from damages or claims for damages arising as a proximate result to
the negligence of City, its agency, employees, contractors or subcontractors, in
connection with the herein contemplated improvements. It is the intent of the
parties hereto that Commission is to assume no liability for the completion of the
herein contemplated improvements; and, if the Commission should expend any
funds in connection herewith for which it is not reimbursed by the United States
Government, City will reimburse the Commission for the same.
4) AMENDMENTS: Any change in the agreement, whether by
modification and/or supplementation, must be accomplished by a formal contract
amendment signed and approved by the duly authorized representative of City
and Commission.
5) COMMISSION REPRESENTATIVE: Commission's chief engineer is
designated as Commission's representative for the purpose of administering the
provisions of this agreement.
6) NONDISCRIMINATION ASSURANCE: th regard to work under this
agreement, City agrees as follows:
A) Civil Rights Statutes: 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, 2000e), as well
as any applicable titles of the Americans with Disabilities Act). In addition, rf City is
providing services or operating programs on behalf of Commission, it shall
comply with all applicable provis ons of Title II of the Americans With Disabilities
Act.
B) Executive Order: City shall comply with all the provisions of the
executive order executed by the Honorable John Ashcroft, Governor of Missouri,
on the thirty-first (31 st) day of August 1987, promulgating a code of fair practices
in regard to nondiscrimination, which is incorporated herein by reference and
made a part of this agreement. This order prohibits discriminatory employment
practices by City or its subcontractors based on race, color, religion, creed,
national origin, sex, age or disability.
C) Administrative Rules: City shall comply with the administrative rules
of the U.S. Department of Transportation relative to nondiscrimination in federally-
assisted programs of the U.S. Department of Transportation (49 CFR Subtitle A,
Part 21) which are herein incorporated by reference and made part of this
agreement.
D) Nondiscrimination: Cit r shall not discriminate on grounds of the race,
color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement
of materials and leases of equipment. City shall not participate either directly or
indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section
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 City. In 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 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.
Information and Reports: City shall provide all information and reports
required by the 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 Commission or the U.S.
Department of Transportation to be necessary to ascertam compliance with other
contracts, orders and instructions. Where any information required of City is in
the exclusive possession of another who fails or refuses to furnish this
information, City shall so certify to the commission or the U.S. 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 City fails to comply with
the nondiscrimination provisions of this agreement, Commission shall impose
such contract sanctions as it or the U.S. Department of Transportation may
determine to be appropriate, including but not limited to:
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1. Withholding of payments to grantee under the agreement until City
complies; and/or
2. Cancellation, termination or suspension of the agreement, in whole or
in part, or both.
H) Incorporation of Provisions: 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 Commission or the U.S.
Department of Transportation. City will take such action with respect to any
subcontract or procurement as Commission or the U.S. Department of
Transportation may direct as means of enforcing such provisions, including
sanctions for noncompliance; provided that in the event City becomes involved or
is threatened with litigation with a subcontractor or supplier as a result of such
direction, City may request the United States to enter into such litigation to protect
the interests of the United States.
7) ASSIGNMENT: Cit r shall not assign or delegate any interest in the
agreement and shall not transfer any interest in the agreement, whether by
assignment or novation, without the prior written consent of Commission.
8) LAW OF MISSOURI TO GOVERN: The agreement shall be construed
according to the laws of the state of Missouri. City shall comply with all state and
federal laws and regulations relating to the performance of the agreement.
9) CANCELLATION: Commission may cancel the agreement at any time
for a material breach of contractual obligations by providing City with a written
notice of cancellation. Should Commission exercise its right to cancel the
contract for such reasons, cancellation will become effective upon the date
specified in the notice of cancellation sent to City.
10) AUDIT OF RECORDS: 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 Commission and/or its
designees or representatives and to the Federal Highway Administration
FHWA") during the contract period and any extension thereof, and for three (3)
years from the date of final payment made under this agreement.
11) ACQUISITION OF RIGHT OF WAY:: With respect to the acquisition of
right-of-way if necessary for the completion of the project, City agrees that it will
comply with all applicable federal laws and regulations propounded thereunder,
including Sections 4601 through 4655, Title 42 U.S.C. (Public L. 91-646, 84 Stat.
1894, the Uniform Relocation Assistance and Real Property Acquisition Act of
1970), any amendments thereto or regulations promulgated pursuant thereto.]
12) MAINTENANCE OF DEVELOPMENT: City shall maintain the herein
contemplated improvements without any cost or expense to the Commission. All
maintenance by City shall be done for the safety of the general public and the
esthetics of the area. If City fails to maintain the herein contemplated
improvements, the Commission or its representatives, at Commission's sole
discretion shall notify in writing City of City's failure to maintain the improvement.
If City continues to fail in maintaining the improvement, the Commission may
remove the herein contemplated improvement whether or not the improvement is
located on Commission right-of-way. Any removal by Commission shall be at the
sole cost and expense of City.
3
13) PLANS: City shall prepare preliminary and finai 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 specifications
prior to any approval by the Commission.
14) REIMBURSEMENT: Any federal funds for transportation 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 F.H.W.A.
and notification to proceed from the commission are not reimbursable costs. The
ratio for federal reimbursement of eligible costs for the herein improvements is
sixty-nine percent (69%) up to a maximum of $449,600. Any costs for the herein
improvements which exceed any federal reimbursement are not eligible for federal
reimbursement and 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.
15) PROGRESS PAYMENTS: City may request that progress payments
be made during the construction of the herem improvements. City shall submit to
the Commission any invoice for progress payments no less than on a monthly
basis. City shall repay any progress payments which involve ineligible costs.
16) PERMITS: 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, 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: City shal)
assure that representatives of the Commission and F.H.W.A. shall have the
privilege of inspecting and reviewing the work being done by the City's contractor
and subcontractor on the herein project. 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 during the contract period, and for three
years from the date of final payment under the contract, for inspection by the
Commission, Federal Highway Administration or any authorized representatives
of the Federal Government and the State of Missouri, and copies thereof shall be
furnished, upon request, to authorized representatives of the Commission, State,
Federal Highway Administration, or other Federal agencies.
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