HomeMy WebLinkAboutOrd.5817.2025-02-03 BILL NO. 25-09 ORDINANCE NO. I �
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT WITH THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION TO
FUND VEHICLE PARKING EXPANSION - NEW
TERMINAL AT THE CAPE GIRARDEAU REGIONAL
AIRPORT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS :
Article 1 . The City Manager is hereby authorized to
execute, on behalf of the City, a Grant Agreement between the
City of Cape Girardeau and the Missouri Highways and
• Transportation Commission, to fund Vehicle Parking Expansion -
New Terminal, Project No. AIR 246-077A-2, at the Cape Girardeau
Regional Airport . The City Clerk is hereby authorized to attest
to said document and to affix the seal of the City thereto . The
Agreement shall be in substantially the form attached hereto,
which document is hereby approved by the City Council, with such
changes or amendments as shall be approved by the officers of
the City executing the same . The officers, agents, and employees
of the City are hereby authorized to execute all documents and
take steps as they deem necessary and advisable to carry out and
perform the purpose of this Ordinance .
Article 2 . This Ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS day of 0ACL , 2025 .
Stacy Kill , Mayor
ATTEST:
GIR''1}b�
Traci Weissmueller, Deputy City Clerk
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CCO Form: MO01 Sponsor: City of Cape Girardeau
Approved: 02/94 (MLH) Project No.: AIR 246-077A-2
Revised: 05/24 (MWH)
Modified:
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
AIRPORT AID AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau
(hereinafter, "Sponsor").
WITNESSETH:
WHEREAS, the Sponsor has applied to the Commission for a grant of funds under
§305.230 RSMo; and
WHEREAS, the Commission has agreed to award funds available under§305.230
RSMo to the Sponsor with the understanding that such funds will be used for a project
pursuant to this Agreement for the purposes generally described in the Sponsor's grant
application/request dated October 2, 2023, and specifically described as follows:
VEHICLE PARKING EXPANSION — NEW TERMINAL
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE: The purpose of this Agreement is to provide financial
assistance to the Sponsor under §305.230 RSMo.
(2) AMOUNT OF GRANT: The amount of this grant is Three Hundred Forty-
Eight Thousand One Hundred Eighty-Nine Dollars ($348,189); provided, however, that in
the event state funds available to the Commission under §305.230 RSMo are reduced so
that the Commission is incapable of completely satisfying its obligations to all the
Sponsors for the current state fiscal year, the Commission may recompute and reduce
this grant. The designation of this grant does not create a lump sum quantity contract, but
rather only represents the amount of funding available for qualifying expenses. In no
event will the Commission provide the Sponsor funding for improvements'or work that are
not actually performed. The release of all funding under this Agreement is subject to
review and approval of all project expenses to ensure that they are qualifying expenses
under this program.
(3) PROJECT TIME PERIOD: The project period shall be from the date of
execution of this Agreement by the Commission to December 31, 2027. The
Commission's representative may, in writing, extend the project time period for good
cause as shown by the Sponsor. The grant funds in paragraph (2) not expended or duly
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obligated during the project time period shall be released for use in other projects under
§305.230 RSMo.
(4) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: By signing this
Agreement, the Sponsor certifies that it holds satisfactory evidence of title to all existing
airport property and avigation easements.
(5) CONTROL OF AIRPORT: The Sponsor agrees to continue to control the
airport, either as owner or as lessee, for twenty (20) years following receipt of the last
payment from this grant. Applicable agreement periods are as follows:
(A) Land interests - Fifty (50) years.
(B) Improvements - Useful life, as determined by the Commission.
(6) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right to
amend or withdraw this grant offer at any time prior to acceptance by the Sponsor.
(7) PAYMENT: Payments to the Sponsor are made on an advance basis. The
Sponsor may request incremental payments during the course of a project or a lump sum
payment upon completion of the work. However, this advance payment is subject to the
limitations imposed by subparagraph (B) under this paragraph of this Agreement.
(A) The Sponsor may request payment at any time subsequent to the
execution of this Agreement by both parties. Requests for reimbursement shall be
supported with invoices. After the Sponsor pays incurred costs, copies of checks used to
pay providers must be submitted to the Commission.
(B) It is understood and agreed by and between the parties that the
Commission shall make no payment which could cause the aggregate of all payments
under this Agreement to exceed ninety percent (90%) of the maximum state (Aviation
Trust Fund) obligation stated in this Agreement or eighty-one percent(81%)of actual total
eligible project cost, whichever is lower, until the Sponsor has met and/or performed all
requirements of this grant Agreement to the satisfaction of the Commission.
(C) Within ninety(90) days of final inspection of the project funded under
this grant, the Sponsor shall provide to the Commission a final payment request and all
financial performance and other reports as required by the conditions of this grant.
(D) When land donations are used, the costs for land may be submitted
with an appraisal prepared by a Missouri Department of Transportation (hereinafter,
"MoDOT" or"Department")-certified appraiser. All donations must be preapproved by the
Commission to ensure eligibility for funding.
(E) If the Commission determines that the Sponsor was overpaid, the
amount of overpayment shall be remitted to the Commission.
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(8) AUDIT OF RECORDS: The Sponsor 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 during the period of this Agreement and any extension thereof, and for
three (3) years from the date of final payment made under this Agreement.
(9) FINANCIAL SUMMARY: Upon request of the Commission, the Sponsor
shall provide to the Commission a financial summary of the total funds expended. The
summary must show the source of funds and the specific items for which they were
expended.
(10) NONDISCRIMINATION CLAUSE: The Sponsor shall comply with all state
and federal statutes applicable to the Sponsor relating to nondiscrimination, including, but
not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as
amended (Title 42 United States Code (USC) §2000d and §2000e, et seq.); and with any
provision of the "Americans with Disabilities Act" (42 USC §12101, etseq.).
(11) CANCELLATION: The Commission may cancel this Agreement at any time
for a material breach of contractual obligations by providing the Sponsor 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 Sponsor.
(12) LACK OF PROGRESS: Any lack of progress which significantly endangers
substantial performance of the project within the specified time shall be deemed a
violation of the terms of this Agreement. The determination of lack of progress shall be
solely within the discretion of the Commission. The Commission shall notify the Sponsor
in writing once such a determination is made.
(13) 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.
(14) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Sponsor shall comply with all local,
state, and federal laws and regulations relating to the performance of this Agreement.
(15) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the
Sponsor at the direction of the Commission and information supplied by the Commission
shall remain the property of the Commission.
(16) CONFIDENTIALITY: The Sponsor shall not disclose to third parties
confidential factual matters provided by the Commission except as may be required by
statute, ordinance or order of court, or as authorized by the Commission. The Sponsor
shall notify the Commission immediately of any request for such information.
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(17) NONSOLICITATION: The Sponsor warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration contingent upon or resulting from the award
or making of this Agreement. For breach or violation of this warranty, the Commission
shall have the right to annul this Agreement without liability, or in its discretion, to deduct
from this Agreement price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
(18) DISPUTES: Any disputes that arise under this Agreement shall be decided
by the Commission or its representative.
(19) INDEMNIFICATION: To the extent allowed or imposed bylaw, the Sponsor
shall defend, indemnify, and hold harmless the Commission, including its members and
Department employees, from any claim or liability whether based on a claim for damages
to real or personal property or to a person for any matter relating to or arising out of the
Sponsor's wrongful or negligent performance of its obligations under this Agreement.
(20) INSURANCE:
(A) The Sponsor is required or will require any.contractor procured by
the Sponsor to work under this Agreement:
1. To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right-of-way); and
2. To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the Department and its employees, as
additional insureds in amounts sufficient to cover the sovereign immunity limits for
Missouri public entities ($600,000 per claimant and $4,000,000 per occurrence) as
calculated by the Missouri Department of Insurance, Financial Institutions and
Professional Registration, and published annually in the Missouri Register pursuant to
section 537.610 RSMo.
(B) 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.
(21) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the
Commission of any change in conditions or law which may significantly affect its ability to
perform the project in accordance with the provisions of this Agreement.
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(22) 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 Sponsor and the Commission.
(23) PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS: Contracts
for architectural, engineering and/or land surveying services, as defined in section 8.287
RSMo, shall be procured by competitive proposals, and the procurement process shall
comply with sections 8.285-8.291 RSMo.
(24) ASSIGNMENT: The Sponsor shall not assign, transfer, or delegate any
interest in this Agreement without the prior written consent of the Commission.
(25) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by
or against the Sponsor, whether voluntarily, or upon the appointment of a receiver,
trustee, or assignee, for the benefit of creditors, the Commission reserves the right and
sole discretion to either cancel this Agreement or affirm this Agreement and hold the
Sponsor responsible for damages.
(26) 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.
(27) SAFETY INSPECTION: The Sponsor shall eliminate all deficiencies
identified in its most recent safety inspection letter. If immediate elimination is not feasible,
as determined by the Commission, the Sponsor shall provide a satisfactory plan to
eliminate the deficiencies.
(28) LAND INTERESTS: When grant funds are used to pay for land or aviation
easements, the following requirements apply:
(A) Acquisition of Land - Fee Simple Title: The Sponsor shall obtain a
qualified attorney's title opinion to assure the Sponsor receives fee simple title, free and
clear of any encumbrance that could adversely affect the operation, maintenance, or
development of the airport.
The attorney's title opinion shall be furnished by the Sponsor to the
Commission for review. The Sponsor shall acquire the property in fee simple absolute by
general warranty deed from the grantors. A copy of the deed shall be furnished to the
Commission for review. The Sponsor shall record the deed in the land records of the
county recorder's office in the county where the airport is located.
(B) Acquisition of Avigation Easements: The Sponsor shall obtain a
qualified attorney's title opinion to assure that the Sponsor has obtained the required
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interest in and to the easements to be acquired, free and clear of any encumbrances that
would be incompatible with or would interfere with the exercise and enjoyment by the
Sponsor of the rights and interests conveyed, and that the grantors of easements
constituted all of the owners of the land affected by the easements.
(C) Land Cost Reimbursement by Federal Government Use as Local
Share Only: Since it is the intent of the state of Missouri that funds provided under this
Agreement be used only for aeronautical purposes, the Sponsor hereby covenants and
agrees that it will not request reimbursement from the United States Government for the
cost of land acquired with the funds granted under this Agreement; provided, however,
that nothing in this paragraph shall be construed to prevent the Sponsor from using all or
any part of,the acquisition cost of this land to make up its share of eligible project costs
incurred under any airport development grant from the United States Government.
(D) Aeronautical Use: If land interests are not used for aeronautical
purposes within five (5) years, the Sponsor shall at the request of the Commission return
the full amount of those grant funds used to purchase the land interests. The Sponsor
may request an extension of this time period in writing to the Commission.
(29) AIRPORT USE: The Sponsor agrees to operate the airport for the use and
benefit of the public. The Sponsor further agrees that it will keep the airport open to all
types, kinds, and classes of aeronautical use on fair and reasonable terms without
discrimination between such types, kinds and classes. Any proposal to temporarily close
the airport for non-aeronautical purposes must first be approved by the Commission.
Otherwise, at no time shall the airport be closed to accommodate a non-aeronautical
event or activity.
(30) SAFE OPERATION OF AIRPORT: The Sponsor agrees to operate and
maintain in a safe and serviceable condition the airport and all connected facilities which
are necessary to serve the aeronautical users of the airport other than facilities owned or
controlled by the United States. The Sponsor further agrees that it will not permit any
activity on the airport's grounds that would interfere with its safe use for airport purposes.
Nothing contained in this Agreement shall be construed to require that the airport be
operated for aeronautical uses during temporary periods when snow, ice, or other climatic
conditions interfere with safe operations.
(31) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the
project, the Sponsor shall be responsible for the installation of any signs, markers, or
other devices required for the safety of the public. All markers or devices required on the
airport will conform to Federal Aviation Administration (FAA) regulations or specifications
that may apply. The Sponsor shall issue, through the applicable FAA Flight Service
Station, any and all Notices to Airmen that may be required.
(32) ENGINEER'S DESIGN REPORT: Prior to development of the plans and
specifications, the Sponsor shall provide an engineer's report setting forth the general
analysis and explanation of reasons for design choices. Said report shall include an
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itemized cost estimate, design computations, reasons for selections and modifications,
comparison of alternatives, life cycle cost analysis, geotechnical report and any other
elements that support the engineer's final plans and specifications.
(33) GEOMETRIC DESIGN CRITERIA: The Sponsor shall use the geometric
design criteria promulgated by the FAA in the AC series and in FAA Orders. The Sponsor
may request and receive approval for adaptation of said criteria where the Commission
concurs that such adaptation is appropriate considering safety, economy, and efficiency
of operation.
(34) PLANS, SPECIFICATIONS AND ESTIMATES: The plans and construction
specifications for this project shall be those promulgated by the FAA in the AC series and
in FAA Orders.
(A) The plans shall include a safety plan sheet to identify work areas,
haul routes, staging areas, restricted areas, construction phasing, shutdown schedule,
etc., and to specify the requirements to ensure safety during construction.
(B) The Sponsor shall submit all plans, specifications, and estimates to
the Commission for review and acceptance prior to advertising for bids for construction.
(35) REVIEW OF BIDS AND CONTRACT AWARD: The Commission shall
review all contractors' bids and approve the selection of the apparent successful bidder
prior to the Sponsor awarding the construction contract.
(36) NOTICE TO PROCEED: After the Commission receives copies of the
executed construction contract between the Sponsor and the contractor, the performance
and payment bonds, and any other documentation as required by this Agreement, the
Commission will authorize the Sponsor to issue a notice to proceed with construction.
(A) The Sponsor shall issue a notice to the contractor within ten (10)
days of authorization by the Commission, unless otherwise approved by the Commission.
(B) Any construction work performed prior to the Sponsor's issuance of
a Notice to Proceed shall not be eligible for funding participation.
(37) CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS: In
conjunction with submittal of the Notice to Proceed documentation, the Sponsor shall
provide a construction observation/inspection program setting forth a format for
accomplishment of resident observation, construction inspection and overall quality
assurance.
(38) CONSTRUCTION PROGRESS AND INSPECTION REPORTS: The
Sponsor shall provide and maintain adequate, competent and qualified engineering
supervision and construction inspection at the project site during all stages of the work to
ensure that the completed work conforms with the project plans and specifications.
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Project oversight by the Commission's project manager or other personnel does not
relieve the Sponsor of this responsibility.
(A) The Sponsor shall require the resident project representative to keep
daily construction records and shall submit to the Commission a Weekly Construction
Progress and Inspection Report (available on MoDOT's aviation section website),
completed by the resident project representative. A weekly summary of tests completed
shall be included.
(B) Prior to final acceptance, the Sponsor shall provide to the
Commission a testing summary report bearing the engineer's seal and including a
certification from the engineer that the completed project is in compliance with the plans
and specifications.
(C) Certification statements from construction contractors must be
provided to ensure all workers, material suppliers, etc. have been paid.
(39) CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS: All change
orders/supplemental agreements must be submitted to the Commission for approval prior
to implementation to ensure funding eligibility. Requests for additional work for items not
included in the original bid must be accompanied by a cost analysis to substantiate the
proposed costs.
(40) RECORD DRAWINGS: The Sponsor shall provide one (1) electronic set of
as-built construction drawings on a compact disc in .pdf format copied to a single file
(each sheet must be sealed, signed, and dated by the engineer)to the Commission upon
project completion. In addition, the Sponsor shall provide six (6) updated Airport Layout
Drawings (ALD's) showing as-built conditions, if required. The Commission will forward
updated ALDs to the FAA central region office.
(41) FILING NOTICE OF LANDING AREA PROPOSAL: When a project
involving changes to the runway will be implemented at an airport, the Sponsor must
submit FAA Form 7480-1 ("Notice of Landing Area Proposal") to the FAA not less than
one hundred twenty (120) days prior to commencement of any construction or alteration.
A copy of the form as filed with the FAA and the FAA airspace determination letter must
be provided to the Commission. This form must be submitted for any projects that involve
the widening or lengthening of an existing runway or construction of a new runway.
(42) FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION:
When a development project that does not involve changes to the runway will be
implemented at an airport, the Sponsor must electronically submit FAA form 7460-1
("Notice of Proposed Construction of Alteration") to the FAA not less than one hundred
twenty (120) days prior to commencement of any construction or alteration. Electronic
submittal of FAA form 7460-1 must be submitted for construction of any permanent
structures on the airport, temporary structures over twenty (20) feet in height or use of
construction equipment over twenty (20) feet tall. It is not necessary for routine
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construction projects unless they include above ground installations.
(43) PROMPT PAYMENT: The Commission and the Sponsor require all
contractors to pay all subcontractors and suppliers for satisfactory performance of
services in compliance with section 34.057 RSMo, Missouri's prompt payment statute.
Pursuant to section 34.057 RSMo, the Commission and the Sponsor also require the
prompt return of all retainage held on all subcontractors after the subcontractors' work is
satisfactorily completed, as determined by the Sponsor and the Commission.
(44) STATE WAGE LAWS: The Sponsor and its subcontractors shall pay the
prevailing hourly rate of wages for each craft or type of worker required to executive this
project work as determined by the Department of Labor and Industrial Relations of
Missouri,.and they shall further comply in every respect with the minimum wage laws of
Missouri. The Sponsor shall take those acts which may be required to fully inform itself of
the terms of, and to comply with, any applicable state wage laws.
[Remainder of Page Intentionally Left Blank]
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Docusign Envelope ID:6108CB44-2499-4387-A401-9D09E81AEED4
IN WITNESS WHEREOF, the parties have entered into and accepted this
Agreement on the last date written below.
• 2025-03-17 1 10:03 AM CDT
Executed by Sponsor on (date).
2025-03-20 1 3:12 PM CDT
Executed by Commission on (date).
MISSOURI HIGHWAYS AND CITY OF CAPE GIRARDEAU
TRANSPORTATION COMMISSION
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Title: Assistant Chief Engineer Title: City Manager
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Secretary to the Commission
Deputy City Clerk
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Commission Counsel
Title: city Attorney
Ordinance No.
(if applicable)
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