HomeMy WebLinkAboutOrd.5597.11-07-2022 BILL NO. 22-165 ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A MISSOURI HIGHWAYS AND TRANSPORTATION
COMMISSION TRANSPORTAION ALTERNATIVES FUNDS
PROGRAM AGREEMENT, FOR THE NORTH CAPE ROCK
DRIVE SIDEWALKS PROJECT PHASE I, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS :
ARTICLE 1. The City Manager is hereby authorized and directed
to execute, on behalf of the City, a Missouri Highways and
Transportation Commission Transportation Alternatives Funds Program
Agreement (TAP-1501 (021) ) , for the North Cape Rock Drive Sidewalks
Project Phase I, from Kingshighway to Brookwood Drive, in the City
of Cape Girardeau, Missouri. The City Clerk is hereby authorized
and directed to attest to said document and to affix the seal of
the City thereto. . Said Agreement shall be in substantially the form
attached hereto, which document is hereby approved by the City
Council, with such changes therein as shall be approved by the
officer of the City executing the same.
ARTICLE 2 . This Ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF / 2022 .
Stacy Kin r, M yor
ATTEST:
4211A6 Jowt
ruce Tayi,01 , Deputy City Clerk
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Docusign Envelope ID: AEA24701-60B7-4FE3-B510-2C8EAAD03846
CCO FORM: FS31
Approved: 11/15 (MWH)
Revised: 10/22 (MWH)
Modified:
Cape Girardeau County
City of Cape Girardeau
Project TAP -1501(021)
CFDA Number: 20.205
CFDA Title: Highway Planning and Construction
Award name/number: TAP — 1501(021)
Award Year: 2022
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TRANSPORTATION ENHANCEMENTS FUNDS
SUPPLEMENTAL AGREEMENT #1
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 December 7, 2022, the Commission and the City previously
entered into a Transportation Enhancements Funds Agreement as to public
improvements designated as TAP -1501(021), for the construction of sidewalks,
(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(s) 3 of the Original Agreement are removed and
replaced with the following:
(3) REASONABLE PROGRESS POLICY: The project as described in this
agreement will be under construction contract award by May 12, 2025. If the
project is withdrawn for not meeting reasonable progress, the city agrees to repay
the Commission for any progress payments made to the city for the project and
agrees that the Commission may deduct progress payments made to the city from
future payments to the City.
(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 and shall extend and apply to this Supplemental
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Docusign Envelope ID: AEA24701-60B7-4FE3-8510-2C8EAAD03846
Agreement as if fully written in this Supplemental Agreement.
[Remainder of Page Intentionally Left Blank]
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Docusign Envelope ID: AEA24701-60B7-4FE3-8510-2C8EAAD03846
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last
written below.
Executed by the City this
2024-10-01 1 8:49 AM CDT
Executed by the Commission this
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
DocuSigned by:
99
Title: Assistant Chief Engineer
ATTEST:
DocuSigned by:
Secretary to the Commission
Approved as to Form:
DocuSigned by:
... '!I%+uocywbLyati
Commission Counsel
2024-10-03 1 2:05 PM CDT
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(date).
CITY OF CAPE GIRARDEAU
ByFDocuSigned by:
V
Title: City Manager
ATTEST:
Signed by:
13y -r,(hr
ED
Title: Deputy City Clerk
Approved as to Form:
Title:Z'-) I R1
Ordinance No.:
(date).
Docusign Envelope ID: AEA24701-60B7-4FE3-B510-2C8EAAD03846
CCO FORM: FS31
Approved: 11/15 (MWH)
Revised: 10/22 (MWH)
Modified:
Cape Girardeau County
City of Cape Girardeau
Project TAP -1501(021)
CFDA Number: 20.205
CFDA Title: Highway Planning and Construction
Award name/number: TAP — 1501(021)
Award Year: 2022
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TRANSPORTATION ENHANCEMENTS FUNDS
SUPPLEMENTAL AGREEMENT #1
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 December 7, 2022, the Commission and the City previously
entered into a Transportation Enhancements Funds Agreement as to public
improvements designated as TAP -1501(021), for the construction of sidewalks,
(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(s) 3 of the Original Agreement are removed and
replaced with the following:
(3) REASONABLE PROGRESS POLICY: The project as described in this
agreement will be under construction contract award by May 12, 2025. If the
project is withdrawn for not meeting reasonable progress, the city agrees to repay
the Commission for any progress payments made to the city for the project and
agrees that the Commission may deduct progress payments made to the city from
future payments to the City.
(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 and shall extend and apply to this Supplemental
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progress, the City agrees to repay the Commission for any progress payments made to
the City for the project and agrees that the Commission may deduct progress payments
made to the City from future payments to the City. The City may not be eligible for future
Transportation Alternatives Funds if the City does not meet the reasonable progress
policy.
(4) INDEMNIFICATION :
(A) To the extent allowed or imposed by law, the City shall defend,
indemnify and hold harmless the Commission, including its members and the Missouri
Department of Transportation (MoDOT or Department) employees, from any claim or
liability whether based on a claim for damages to real or personal property or to a person
for any matter relating to or arising out of the City wrongful or negligent performance of
its obligations under this Agreement.
(B) The City will require any contractor procured by the City to work
under this Agreement:
1. To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right-of-way); and
2. To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and MoDOT and its employees, as additional
named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri
public entities as calculated by the Missouri Department of Insurance, Financial
Institutions and Professional Registration, and published annually in the Missouri Register
pursuant to Section 537.610, RSMo. The City shall cause insurer to increase the
insurance amounts in accordance with those published annually in the Missouri Register
pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to each
party's applicable sovereign, governmental, or official immunities and protections as
provided by federal and state constitution or law.
(5) 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.
(6) COMMISSION REPRESENTATIVE: The Commission's District Engineer_
is designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by written
notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
(7) 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) 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.
(C) Nondiscrimination: The City shall not discriminate on grounds of the
race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual
in the selection and retention of subcontractors, including procurement of materials and
leases of equipment. The City shall not participate either directly or indirectly in the
discrimination prohibited by 49 C.F.R. §21.5, including employment practices.
(D) 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.
(E) 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.
(F) 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.
(G) Incorporation of Provisions: The City shall include the provisions of
paragraph (7) 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.
(8) ASSIGNMENT: The City shall not assign, transfer or delegate any interest
in this Agreement without the prior written consent of the Commission.
(9) 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.
(10) 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.
(11) ACCESS TO RECORDS: The City and its contractors must maintain all
records relating to this Agreement, including but not limited to invoices, payrolls, etc.
These records must be available at no charge to the Federal Highway Administration
(FHWA) and the Commission and/or their designees or representatives during the period
of this Agreement and any extension, and for a period of three (3) years after the date on
which the City receives reimbursement of their final invoice from the Commission.
(12) FEDERAL-AID PROVISIONS: Because responsibility for the performance
of all functions or work contemplated as part of this project is assumed by the City, and
the City may elect to construct part of the improvement contemplated by this Agreement
with its own forces, a copy of Section II and Section III, as contained in the United States
Department of Transportation Form Federal Highway Administration (FHWA) 1273
"Required Contract Provisions, Federal-Aid Construction Contracts," is attached and
made a part of this Agreement as Exhibit C. Wherever the term "the contractor" or words
of similar import appear in these sections, the term "the City" is to be substituted. The
City agrees to abide by and carry out the condition and obligations of"the contractor" as
stated in Section Il, Equal Opportunity, and Section III, Nonsegregated Facilities, as set
out in Form FHWA 1273.
(13) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of right
of way necessary for the completion of the project, City shall acquire any additional
necessary right of way required for this project and in doing so agrees that it will comply
with all applicable federal laws, rules and regulations, including 42 U.S.C. 4601-4655, the
Uniform Relocation Assistance and Real Property Acquisition Act, as amended and any
regulations promulgated in connection with the Act.
(14) 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. In addition, if any sidewalk or bike trails are constructed on the
Commission's right-of-way pursuant to this Agreement, the City shall inspect and maintain
the sidewalk or bike trails constructed by this project in a condition reasonably safe to the
public and, to the extent allowed by law, shall indemnify and hold the Commission
harmless from any claims arising from the construction and maintenance of said sidewalk
or bike trails. 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 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.
(15) 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.
(16) REIMBURSEMENT: The cost of the contemplated improvements will be
borne by the United States Government and by the City as follows:
(A) Any federal funds for project 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 federal share for this project will be 64 percent not to
exceed $422,400.00. The calculated federal share for seeking federal reimbursement of
participating costs for the herein improvements will be determined by dividing the total
federal funds applied to the project by the total participating costs. Any costs for the
herein improvements which exceed any federal reimbursement or are not eligible for
federal reimbursement shall be the sole responsibility of 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.
(17) PROGRESS PAYMENTS: The City may request progress payments be
made for the herein improvements as work progresses but not more than once every two
weeks. Progress payments must be submitted monthly. The City shall repay any
progress payments which involve ineligible costs.
(18) PROMPT PAYMENTS: Progress invoices submitted to MoDOT for
reimbursement more than thirty (30) calendar days after the date of the vendor invoice
shall also include documentation that the vendor was paid in full for the work identified
in the progress invoice. Examples of proof of payment may include a letter or e-mail
from the vendor, lien waiver or copies of cancelled checks. Reimbursement will not be
made on these submittals until proof of payment is provided. Progress invoices
submitted to MoDOT for reimbursement within thirty (30) calendar days of the date on
the vendor invoice will be processed for reimbursement without proof of payment to the
vendor. If the City has not paid the vendor prior to receiving reimbursement, the City
must pay the vendor within two (2) business days of receipt of funds from MoDOT.
(19) 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.
(20) 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 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, 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.
(21) 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.
(22) DISADVANTAGED BUSINESS ENTERPRISES (DBE): The Commission
will advise the City of any required goals for participation by disadvantaged business
enterprises (DBEs) to be included in the City proposal for the work to be performed. The
City shall submit for Commission approval a DBE 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 26, as amended.
(23) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(24) 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.
(25) FINAL AUDIT: The Commission may, in its sole discretion, 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.
(26) OMB AUDIT: If the City expend(s) seven hundred fifty thousand dollars
($750,000) or more in a year in federal financial assistance it is required to have an
independent annual audit conducted in accordance with 2 CFR Part 200. A copy of the
audit report shall be submitted to MoDOT within the earlier of thirty (30) days after receipt
of the auditor's report(s), or nine (9) months after the end of the audit period. Subject to
the requirements of 2 CFR Part 200, if the City expend(s) less than seven hundred fifty
thousand dollars ($750,000) a year, the City may be exempt from auditing requirements
for that year but records must be available for review or audit by applicable state and
federal authorities.
(27) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF
2006: The City shall comply with all reporting requirements of the Federal Funding
Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is
subject to the award terms within 2 C.F.R. Part 170.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last
written below.
Executed by the City on________________________________(DATE).
Executed by the Commission on _________________________(DATE).
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU
By
Title Title
ATTEST: ATTEST:
By
Secretary to the Commission
Title
Approved as to Form: Approved as to Form:
Commission Counsel
Title __________________________
Ordinance No
Docusign Envelope ID:AAE99FF8-3401-471C-A732-AC8427F30B17
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last
written below.
Executed by the City this 2025-07-15 1 12:00 PM CDT (date).
Executed by the Commission this 2025-07-17 1 4:28 PM CDT (date).
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU
DocuSigned by: DocuSigned by:
By
Title:
Assistant Chief Engineer Title: City Manager
ATTEST: ATTEST:
DocuSigned by: Signed by:
BY
Secretary to the Commission
Deputy City Clerk
Title:
Approved as to Form: Approved as to Form:
F�iDylocuSigned by: SYi�gCnied by:
/• Ilu
Commission Counsel Vl1
Title: City Attorney
Ordinance No.:
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