Loading...
HomeMy WebLinkAbout08-04-14 Regular2 W Harry E. Rediger, Mayor Joseph Uzoaru, Ward 1 Shelly Moore, Ward 2 Patrick Koetting, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Wayne Bowen, Ward 6 August 4, 2014 Study Session 5:00 PM Items for Discussion • Planning and Zoning Commission Report • Beautiful Business Property of the Month Presentation • Agenda review • Appearances regarding items not on the agenda No action will be taken during the study session Closed Session Items for Discussion City Council Chambers City Hall 401 independence Cablecast on: City Public Access Channel 993 kN,w y.cityofcapegitardeau.org • Legal actions and litigation, confidential communications with legal counsel, and property acquisition, pursuant to RSMo. Sections 610.021 (1) and (2). The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. Specifically, the City Council will hold a closed session to discuss legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610,021 (1), 610.021(2), and 610.021(3). Regular Session 7:00 PM Invocation Pastor Dan Johnson, Evangelical United Church of Christ in Cape Girardeau Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations Communications/Reports • City Council • City Manager Public Hearings 1. Public hearing regarding the proposed property tax rates for fiscal year ending June 30, 2015. (Agenda Item No. 9, BILL NO. 147119 Appearances Individuals who wish to make comments regarding items scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must state his/her name and address for the record. The timer will buzz at the end of the speaker's time. • Items listed on the agenda Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. 2. ADDroval of the Julv 21. 2014. Citv Council reeular session and closed session meetine minutes 3. BILL NO. 14-113, an Ordinance authorizing the City Manager to execute an ER -Emergency Relief Program Agreement with the Missouri Highways and Transportation Commission, for transportation related projects, in the City of Cape Girardeau, Missouri. Second and Third Readings. 4. BILL NO. 14-115, an Ordinance amending Section 17-74(b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding the penalty for passing bad checks. Second and Third Readings. 5. BILL NO. 14-117, a Resolution authorizing the City Manager to execute Amendment Number 5 to the General Services Agreement with Jacobs Engineering Group, Inc. for the Wastewater Treatment Plant Project, in the City of Cape Girardeau, Missouri. Reading and Passage. 6. BILL NO. 14-121, a Resolution authorizing the City Manager to execute a Lease Agreement with the Federal Aviation Administration for lease space at the CaDe Girardeau Reeional AirDort. Items Removed from Consent Agenda New Ordinances 7. BILL NO. 14-116, an Ordinance authorizing the Mayor to execute a Quit Claim Deed to Midamerica Hotels Corporation for property located on Veterans Memorial Drive, in the City of Cape Girardeau, 8. Missouri. BILL NO. First Reading. 14-118, an Ordinance amending Schedule C of Section 26-121 of the City Code, by amending stop signs at the intersection of Maple Street and Ranney Avenue, in the City of Cape 9. Girardeau, BILL NO. Missouri. First Reading. 14-119, An Ordinance providing for the leve of the annual City revenue tax: public health tax: Special Business District No. 2 tax: for the fiscal year ending on the 30th day of June, 10. 2015. First Reading. BILL NO. 14-120, an Ordinance updating and readopting Sections 2-76 to 2-83 of the City Code 11. relating to BILL NO. conflicts of interest. First Reading, 14-122, an Ordinance authorizing the City Manager to execute a State Block Grant Agreement with the Missouri Highways and Transportation Commission to fund the construction and construction services to restripe the airfield pavements at the Cape Girardeau Regional Airport. First Reading. Appointments 12. Appointment to the Planning and Zoning Commission Other Business Meeting Adjournment Memos • Appointments to the Airport Advisory Board Advisory Board Minutes • Airport Advisory Board, June 10, 2014 Keep Cape Beautiful, June 14, 2014 Staff: John Richbourg, Finance Director Agenda: 8/4/2014 SUBJECT Public Hearing on Proposed Property Tax Rates for Fiscal Year Ending June 30, 2015. EXECUTIVE SUMMARY This item provides for the holding of a public hearing and the consideration of an ordinance that would establish the property tax rates for the City of Cape Girardeau for the fiscal year ending June 30, 2014. This public hearing and ordinance are completed each year in accordance with statutory requirements, which have been established for the setting of the property tax rates for local governments. The tax levy rates included in this ordinance represent the current year's tax ceiling rates as calculated pursuant to Article X Section 22 of the Missouri Constitution and Section 137.073 RSMo. The rates per $100 assessed valuation are $.3027 for the General Fund, $.0567 for the Health Fund, and $.6869 for the Downtown Special Business District. BACKGROUND/DISCUSSION In June, the City Council approved an ordinance that adopted the budget for the current fiscal year. The adopted budget contained proposed tax levies, assumed assessed values and collection rates which would meet the requirements of the city and constitutional and statutory requirements for the establishment of a tax rate. The tax levies per $100 valuation proposed by the adopted budget were $.3027 for the General Fund ,$.0567 for the Health Fund and $.6738 for the Downtown Special District. These were the same rates as the previous year's levy. Based on preliminary assessment figures recently received from the County the City can maintain it's tax levies for the General and Health funds as a result of only a .3146% increase in its current year's base assessed value (total assessed values - assessed values on new construction, annexed property, and current year's increased personal property) from its previous year's total beginning assessed value. Since this increase was less than the increase in the CPI as certified by the State Tax Commission, the levy rates can be kept at the same levels as the previous year. However the Downtown Special Business District's levy will be allowed to increase from $.6738 to $.6869 as a result of a 1.9068% decrease in it's based assessed value. The proposed ordinance includes the allowed levy rates which are the same as proposed in the recently adopted budget. At this year's allowable levy rate the General Fund is projected to exceed estimated revenues included in this year's adopted budget by approximately $42,500. This results mainly from an addition error included in the projected real estate revenue that was included in the budget. The initial assessed values of real property and personal property increased $9,680,877 (2.02%) and $4,287,699 (3.93%) respectively over the base assessed valuations of the previous year. New construction with assessed values of $7,831,750 accounted for 80.90% of the assessed value growth of real property. FINANCIAL IMPACT A home owner that owns a house worth $200,000 would only pay $136.57 in real estate tax to the City. Residents would pay $11.98 for each $10,000 of personal property that they own. STAFF RECOMMENDATION In order to complete the fiscal requirements of the current budget year, it is recommended that the City Council hold the advertised public hearing and give first reading to the attached ordinance which would implement the tax rates for the current fiscal year. ATTACHMENTS: Name: Description: No Attachments Available Staff: Bruce Taylor, Deputy City Clerk Agenda: 8/4/2014 SUBJECT Approval of the July 21, 2014, City Council regular session and closed session meeting minutes. ATTACHMENTS: Name: Description: ❑ Minutes 2014 7 21 Meeting(120)pdf 7/21/2014 Regular Session ❑ min.07-21-14 closed.doc 7/21/2014 Closed Session REGULAR SESSION — July 21, 2014 CLOSED SESSION Legal actions and litigation, confidential communications with legal counsel, and personnel matters, pursuant to RSMo. Sections 610.021 (1) and (3). A Motion was made by Patrick Koetting, Seconded by Joseph Uzoaru to convene to closed session. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. INVOCATION Pastor Dave Meade, Bethel Assembly of God in Cape Girardeau PLEDGE OF ALLEGIANCE CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, July 21, 2014, at 7:00 p.m. with Mayor Harry Rediger presiding and Council Members Wayne Bowen, Patrick Koetting, Shelly Moore, Loretta Schneider, and Joseph Uzoaru present. Mark Lanzotti was absent. ADOPTION OF THE AGENDA Agenda amended to remove item 14 under Other Business, a motion to set a public hearing or to file the recommendation of denial for a request from Charlotte Cannon for a Special Use Permit at 141 South Louisana Avenue. A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to approve as amended. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. PRESENTATIONS Children's Artwork Presentation - Murielle Gaither COMMUNICATIONS/REPORTS Council Member Wayne Bowen reported that he attended an event that recognized the Safe House for Women volunteers and the importance of their work to the community. Mr. Bowen also reported that the Comprehensive Plan Oversight Committee met recently and discussed the Neighborhood Development Initiative, Missouri Department of Transportation plans, and Comprehensive Plan update needs. Mayor Harry Rediger mentioned the 4th of July event and thanked staff and community partners for their contribution to this year's event. Mayor Rediger stated that planning discussions for next year have already started, and the event should be even better with more planning. Mayor Rediger commented on the small event held July 18, 2014 that recognized former commander of the S.S. Cape Girardeau. Captain Tom Stapleton. Stapleton traveled from his home in Texas to share his experience of serving on the S.S. Cape Girardeau. Four former Cape Girardeau Mayors were in attendance along with several current Council members and the public. City Manager Scott Meyer acknowledged pavement condition concerns that were brought to the Council by a resident in the Study Session, and he said that City staff has received additional concerns about pavement conditions and the repair work. Mr. Meyer stated that pavement conditions are especially noticeable after this year's harsh winter. Three different methods are being employed: asphalt pothole patches, hot asphalt in sections of street, and removal and replacement of concrete sections. Much of the current repair work is a "band aid" and the City is actively trying to improve the streets. Mr. Meyer reported that Airport Manager Bruce Loy shared the July/August edition of the World Airshow News. A feature article "A Home Run in Cape Girardeau" was about this year's airshow. APPEARANCES None. CONSENT AGENDA Approval of the July 7, 2014, City Council regular session meeting minutes. BILL NO. 14-93, an Ordinance providing for the extension of a sales tax in the amount of one-eighth of one percent for the purpose of providing revenues for the operation of the Cape Girardeau Municipal Fire Department, and calling an election in the City of Cape Girardeau, Missouri, on the question of whether to extend such sales tax. Second and Third Readings. BILL NO. 14-101, an Ordinance amending Schedule T of Section 26-260 of the City Code, by establishing handicapped parking along a portion of Rose Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-104, an Ordinance granting a Special Use Permit to Shiloh, LLC, for purposes of establishing a residential use on the first floor street frontage at 915 Broadway, in the City and County of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-107, an Ordinance accepting Permanent Maintenance Easements and Temporary Construction Easements from various property owners, for the Whitener Detention Basin Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-108, an Ordinance accepting a Quit Claim Deed from the Missouri Highways and Transportation Commission, for property located along Interstate 55, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-109, an Ordinance accepting a Deed of Dedication from Southeast Missouri Hospital Association, for property located at 2001 William Street, for the Sheridan and William Signal Improvements Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-110, an Ordinance amending Section 15-8 of the Code of Ordinances of the City of Cape Girardeau, Missouri regarding business licenses. Second and Third Readings. BILL NO. 14-111, A Resolution authorizing the City Manager to execute an agreement with Markey and Associates, Inc., for professional design services for Cape Splash Water Park, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 14-112, a Resolution authorizing the City Manager to execute various T -Hangar Lease Agreements at the Cape Girardeau Regional Airport. Reading and Passage. BILL NO. 14-114, a Resolution authorizing the City Manager to execute a contract with Fronabarger Concreters, Incorporated, for the Greater Cape Girardeau Business Park Phase I Improvements. Reading and Passage. BILL NO. 14-93 will be Ordinance 4600; BILL NO. 14-101 will be Ordinance 4601; BILL NO. 14-104 will be Ordinance 4602; BILL NO. 14-107 will be Ordinance 4603; BILL NO. 14-108 will be Ordinance 4604; BILL NO. 14-109 will be Ordinance 4605; BILL NO. 14-110 will be Ordinance 4606; BILL NO. 14-111 will be Resolution 2829; BILL NO. 14-112 will be Resolution 2830; BILL NO. 14-114 will be Resolution 2831. A Motion was made by Wayne Bowen, Seconded by Loretta Schneider to approve. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. NEW ORDINANCES BILL NO. 14-113, an Ordinance authorizing the City Manager to execute an ER -Emergency Relief Program Agreement with the Missouri Highways and Transportation Commission, for transportation related projects, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Loretta Schneider, Seconded by Patrick Koetting to approve. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. BILL NO. 14-115, an Ordinance amending Section 17-74(b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding the penalty for passing bad checks. First Reading. Council discussed the possibility of setting the penalty at a higher rate. City Manager Scott Meyer directed staff to continue tracking bad check data and to reevaluate the penalty if a future software update allows variable penalty fees. A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to approve. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. MEETING ADJOURNMENT There being no further business, the meeting was ended at 7:24 p.m. A Motion was made by Patrick Koetting, Seconded by Joseph Uzoaru to adjourn. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Staff: Casey Brunke, P.E. City Engineer Agenda: 8/4/2014 SUBJECT An Ordinance authorizing the City Manager to enter into an Emergency Relief Program Agreement with the Missouri Highways and Transportation Commission for the study and remediation of the South Sprigg Street Sinkholes, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached agreement would allow the City to perform an investigative study, design and construction for the restoration and mitigation of damage, due to sinkholes in the area, to the bridge and roadway directly adjacent to the bridge located on South Sprigg Street at Cape LaCroix Creek. BACKGROUND/DISCUSSION The problem with sinkholes in the South Sprigg Street area began in 2007 and 2008. In 2013, the sinkholes near the South Sprigg Street Bridge formed again forcing the closure of the roadway and bridge to traffic. There was a federal disaster declaration for flooding in the same time frame as the sinkholes re-formed. Thus, the City is eligible for financial assistance through the FHWA Emergency Relief Program. This Emergency Relief program is administered through MoDOT. The funding will be used to investigate what is causing the sinkholes, determine if there is a reasonable corrective response to stabilize the sinkholes, and then design and implement an approved construction project with the intent to restore South Sprigg Street to normal roadway function. Previously the MoDOT agreement stated that the Federal 80% share would not exceed $1,200,000. This was an error. MoDOT has provided the new agreement which states that the Federal share will be 80% not to exceed the Federal funds available for the project. FINANCIAL IMPACT Funding for the project is an 80/20 grant through Federal highway funds administered though MoDOT. The Federal share for this project will not exceed 80% of the Federal funds available for the project. The City has also received a Delta Regional Authority grant in the amount of $100,000 that will be put towards our 20% match. Any remaining funding for the project will come from the stormwater sales tax revenue. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS South Sprigg Street has been closed since 2013 because of the sinkhole activity. The road closure has affected several homes and businesses by longer travel times and additional fuel usage. Access to the City's Transfer Station has also been impacted. STAFF RECOMMENDATION Staff recommends that the Council approve the Ordinance authorizing the City Manager to enter into an Emergency Relief Program Agreement with the Missouri Highways and Transportation Commission for the study and remediation of the South Sprigg Street Sinkholes, in the City of Cape Girardeau, Missouri. ATTACHMENTS: Name: Description: ❑ ER -EMERGENCY REL AGMT - MODOT 2014.doc Emergency Relief Program Ord ❑ MoDOT ER Agreement.pdf MoDOT ER Agreement BILL NO. 14-113 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ER -EMERGENCY RELIEF PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, FOR TRANSPORTATION RELATED PROJECTS 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, an ER -Emergency Relief Program Agreement between the City of Cape Girardeau and the Missouri Highways and Transportation Commission, for transportation related expenses, and the City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers 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 , 2014. Harry E. Rediger, Mayor (SEAL) ATTEST: Gayle L. Conrad, City Clerk ,'KKU .�AMfil Approved: 07/96 (KMH) Revised: 06/12 (MWH) Modified: 06/14 (MWH) CFDA Number.' CFDA #20.205 CFDA Title: Highway Planning and Construction Award name/number: ER -1518(005) Award Year.' 2014 Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION ER -EMERGENCY RELIEF PROGRAM AGREEMENT THIS ER -EMERGENCY RELIEF AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission') and the City of Cape Girardeau, Cape Girardeau County, Missouri (hereinafter, "City'). WITNESSETH. WHEREAS, 23 U.S.C. §133 authorizes an Emergency Relief (ER) to fund transportation related projects; and WHEREAS, the City desires to construct certain improvements, more specifically described below, using such STP funding; and WHEREAS, those improvements are to be designed and constructed in compliance with the provisions of this Agreement. 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 grant the use of ER funds to the City. The improvement contemplated by this Agreement and designated as Project ER -1518(005) involves: A study, design, and construction for the restoration and mitigation of damage, due to sinkholes in the area, to the bridge and roadway directly adjacent to the bridge located on South Sprigg St. in Cape Girardeau at Cape LaCroix Creek. The City shall be responsible for all aspects of the construction of the improvement. (2) LOCATION: The contemplated improvement designated as Project ER - 1518(005) by the Commission is within the city limits of Cape Girardeau, Missouri. The general location of the improvement is shown on an attachment hereto marked "Exhibit A" and incorporated herein by reference. More specific descriptions areas follows: South Sprigg St. in Cape Girardeau at Cape LaCroix Creek (3) REASONABLE PROGRESS POLICY. The project as described in this agreement is subject to the reasonable progress policy set forth by the Southeast Metropolitan Planning Organization. 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. (4) LIMITS OF SYSTEM. The limits of the surface transportation system for the City shall correspond to its geographical area as encompassed by the urban boundaries of the City as fixed cooperatively by the parties subject to approval by the Federal Highway Administration (FHWA). (5) ROUTES TO BE INCLUDED: The City shall select the high traffic volume arterial and collector routes to be included in the surface transportation system, to be concurred with by the Commission, subject to approval by the FHWA. It is understood by the parties that surface transportation system projects will be limited to the said surface transportation system, but that streets and arterial routes may be added to the surface transportation system, including transfers from other federal aid systems. Refer to Exhibit "A" for the location of said project. (6) INVENTORYAND INSPECTION: The City shall: (A) Furnish annually, upon request from the Commission or FHWA, information concerning conditions on streets included in the STP system under local jurisdiction indicating miles of system by pavement width, surface type, number of lanes and traffic volume category. (B) Inspect and provide inventories of all bridges on that portion of the federal -aid highway systems under the jurisdiction of the City in accordance with the Federal Special Bridge Program, as set forth in 23 U.S.C. §144, and applicable amendments or regulations promulgated thereunder. (7) CITY TO MAINTAIN: Upon completion of construction of this improvement, the City shall accept control and maintenance of the improved street and shall thereafter keep, control, and maintain the same as, and for all purposes, a part of the City street system at its own cost and expense and at no cost and expense whatsoever to the Commission. Any traffic signals installed on highways maintained by the Commission will be turned over to the Commission upon completion of the project 4 for maintenance. All obligations of the Commission under this Agreement shall cease upon completion of the improvement. (8) 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's 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. greement.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. (9) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction under the ER for the City will be constructed in accordance with current MoDOT design criteria specifications for urban construction unless separate standards for the surface transportation system have been established by the City and the Commission subject to the approval of the FHWA. (10) 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 Ill, as contained in the United 3 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 B. Wherever the tens "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 Ill, Nonsegregated Facilities, as set out in Form FHWA 1273. (11) 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 the 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. (12) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government and by the (City/County/Grantee) as follows: (A) All federal funds for project activities are dependent upon FHWA approval and allocation of ER funds for the project. Therefore, documentation of eligible costs incurred by City shall be held by the City until the ER funds are available. 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 80 percent not to exceed the federal funds available for this project. 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. (B) The total reimbursement otherwise payable to the City under this Agreement is subject to reduction, offset, levy, judgment, collection or withholding, if there is a reduction in the available federal funding, or to satisfy other obligations of the City to the Commission, the State of Missouri, the United States, or another entity acting pursuant to a lawful court order, which City obligations or liability are created by law, judicial action, or by pledge, contract or other enforceable instrument. Any costs incurred by the City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. (13) PERMITS: The City shall secure any necessary approvals or permits from the Federal Government and the State of Missouri as required to permit the construction and maintenance of the contemplated improvements. M (14) TRAFFIC CONTROL: The plans shall provide for handling traffic with signs, signal and marking in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). (15) WORK ON STATE RIGHT OF WAY.- If any contemplated improvements for Project ER -1518(005) will involve work on the state's right of way, the City will provide reproducible final plans to the Commission relating to such work. (16) DISADVANTAGED BUSINESS ENTERPRISES (DBEs): At time of processing the required project agreements with the FHWA, the Commission will advise the City of any required goals for participation by DBEs to be included in the City's 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. (17) 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. (18) PROGRESS PAYMENTS: The City may request progress payments once ER funds are available and can 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. (19) OUTDOOR ADVERTISING: The City further agrees that the right of way provided for any ER improvement will be held and maintained inviolate for public highway or street purposes, and will enact and enforce any ordinances or regulations necessary to prohibit the presence of billboards or other advertising signs or devices and the vending or sale of merchandise on such right of way, and will remove or cause to be removed from such right of way any sign, private installation of any nature, or any privately owned object or thing which may interfere with the free flow of traffic or impair the full use and safety of the highway or street. (20) 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. (21) OMB AUDIT: If the City expend(s) five hundred thousand dollars ($500,000) or more in a year in federal financial assistance it is required to have an independent annual audit conducted in accordance with OMB CircularA-133. 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 OMB Circular A-133, if the City expend(s) less than five 5 hundred thousand dollars ($500,000) 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. (22) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006: The City shall comply with all reporting requirements of the Federal Funding Accountability and Transparency Act (FFA TA) of 2006, as amended. This Agreement is subject to the award terms within 2 C.F.R. Part 170. (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) 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. (25) 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. (26) COMMISSION REPRESENTATIVE. The Commission's Southeast 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. (27) NOTICES: Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail postage prepaid, or upon receipt by personal or facsimile delivery, addressed as follows: (A) To the City. - Mayor — ity.Mayor— Harry Rediger City of Cape Girardeau 401 Independence Street Cape Girardeau, 63701 Facsimile No.: 573-335-7946 (B) To the Commission: Mark Shelton — Southeast District Engineer Missouri Department of Transportation 2675 North Main Street P.O. Box 160 Sikeston, MO 63801 Cl Facsimile No.: 573-472-5351 or to such other place as the parties may designate in accordance with this Agreement. To be valid, facsimile delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of facsimile transmission of that document. (28) 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 Vll 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. Includinq 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 7 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 (28) 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. (29) 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 FHW4 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. [Remainder of page left blank intentionally] E:3 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this _ day of 20 Executed by the Commission this _ day of 120. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title ATTEST. Secretary to the Commission Approved as to Form: Commission Counsel 0 CITY OF CAPE GIRARDEAU By Title ATTEST. By Title Approved as to Form: MM Title Ordinance No: EXHIBIT B REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III, Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions A. Subletting or Assigning the Contract VII. Safety; Accident Prevention VIII. False Statements Concerning Highway Projects IX Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Govemmentwide Suspension and Debarment Requirements XL Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (Included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each constmction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal), The contractor (or subcontractor) must Insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tiersubcontmetor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider, Contracting agencies may reference Form FHWA-1273 In bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically Incorporated (not referenced) In all contracts, subcontracts and lower-Oer subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, 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 FHWA-1273 — Revised May 1, 2012 immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for Withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor. During the performance of this contract, the contractor shall not use convict labor for any purpose Within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Fademl-aid highway does not include roadways functionally classified as local mads or mml minor collectors. It. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,D00 or more, The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabllliatlon Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations Including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause In 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Speciflcatlons In 41 CFR 60-4.3. Note: The U.S, Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor Including 41 CFR 60, and 29 CFR 1625-1627: The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 149, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 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, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and Imposed pursuant to 23 U.S.C. 146 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The previsions of the Americans with Disabilities Act of 1996 (42 U.S.C. 12161 et sect) set forth under 28 CFR 35 and 29 CFR 1836 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 contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its tens and conditions of employment and in their review of activities under the contract b. The contractor will accept as its 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, nclude:employment, upgrading, demotion, ortransfec recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or omthe- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program 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 contractors 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 or 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 contractors procedures for locating and hiring minorities and women. d, Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e, The contractors 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 minorities and women 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 minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such Identified sources procedures whereby minodty and women 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, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such 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. 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 wilt promptly investigate all complaints of alleged discrimination made to the contractor In connection With its 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 their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Suchefforts should be aimed at developing full journey level status employees In the type of trade or job classification involved. 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. In the event a special provision for training Is provided under this contract, this subparagraph will be superseded as indicated In the special provision. The contracting agency may reserve training positions for persons who receive weffae, assistance in accordance with 23 U.S,C. 140(a). 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 employees who are minorities and women 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 good faith efforts to obtain the cooperation of such unions to Increase opportunities for minorities and women. 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 good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership In the unions and increasing the skills of minorities and women so that they may quality for higher paying employment. b. The contractor will use good faith 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 contracting agency and shall set forth what efforts have been made to obtain such information. d. In the eventthe union is unable to provide the contractor with a reasonable flow of referrals within the time limit setforth in the collective bargaining agreement, the contractorwill, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain quarried and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though It Is obligated to provide exclusive referrals under the terms of a collective bargain! rig agreement) does not relieve the contractorfram the requirements of this paragraph. 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 contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities; The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation In all employment activities unless to do so would cause an undue hardship, 9. 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 The contractor shall take all necessary and reasonable steps to ensure nondiscrimination In the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shalt not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 In the award and administration of DOT- assisted contracts, Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. 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 the date of the final payment to the contractorfor all con6act work and shall be available at reasonable times and places for Inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following; (1) The number and work hours of minority and non - minority group members and women employed In each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to Increase employment opportunities for minorities and women; and (3) The progress and efforts being made In locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors wlll submit an annual report to the contracting agency 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 worts. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training Is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result, The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractors obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractors control, where the facilities are segregated, The term "facllitles" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees, The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federakaid construction projects exceeding $2,000 and to all related subcontracts and lower -liar subcontracts (regardless of subcontract sae). The requirements apply to all projects located within the right-of- way of a roadway that Is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics 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 Issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section f (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, 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 29 CFR 5.5(aX4). 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 theraln: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.6. of this section) and the Davis -Bacon poster (WH -1 321) 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. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested Is not performed by a classification In the wage determination; and (it) The classification is utilized in the area by the construction industry; and (ill) The proposed wage rale, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed In the classification (If known), 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 Administrator of the Wage and Hour Division, Employment Standards Administration, U.S, Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every addillonal 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. (3) In the event the contractor, the laborers or mechanics to be employed in the 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 Administratorfor determination. The Wage and Hour 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. (4) The wage rate (Including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. C. 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 shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or otherthird person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona We 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 obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor 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, so 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 contact. 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 contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of anyfurther payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rales of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section i(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5,5(a)(1)(Iv) 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 shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costa anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs, b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of ali payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the Information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to Include an Individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted In any form desired. Optional Form WH -34T is available for this purpose from the Wage and Hour Division Web site at httpa/www.dol.gov/esa/whd/forms/wh347instr.hLm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prima contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a Statement of Compliance; signed by the contractor or subcontractor or his or 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 provided under §5.5 (a)(3)(4) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(1) of Regulations, 29 CFR part 5, and that such infomradon is correct and complete; (ii) That each 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 Regulations, 29 CFR part 3; (Ili) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage deter ination Incorporated into the contract. (3) 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 3,b,(2) of this section. (4) The falsiff cation of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Gods. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for Inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHVJA, or the Department of labor, 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 FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action 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 a to make such records available may be grounds for debarmentaction pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). 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 U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or R a person Is employed In his or 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 Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site In any craft classification shall not he greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker 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 on the wage determination for the classfcation 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 deleminatfon for the work actually performed. Where a contractor 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's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 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 journeymen hourly rate specified In the applicable wage determination. Apprentices shall be paid hinge 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 benefds listed on the wage determination for the applicable classification, If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that deterrnlnallon, In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved, 6. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rale for the work performed unless they are employed pursuant to and Individually registered In a program which has received prior approval, evidenced by formal ceriification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the Journeyman 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 benefds 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 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. 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 applicable wage rate on the wage determination for the work actually performed, In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be remitted to utilize trainees at less than the applicable predetermined rale for the work performed until an acceptable program Is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. 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 wih 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 terns of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form F14NA-12731n any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower for subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractoras provided In 29 CFR 5.12. e. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein Incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject o the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 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 U.S, Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor centres that neither it (nor he or she) nor any person or firm who has an Interest In the contractor's firm Is a person or firm Ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). h. No part of this contract shall be subcontracted to any person or firm Ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5,12(a)(1). c. The penalty for maldng false statements is prescribed In the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract In an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be Inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6, As used in this paragraph, the terms laborers and mechanics include watchmen and guards. t. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or Involve the employment of laborers or mechanics shall require or penult any such laborer or mechanic in any workweek In which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked In excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the 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 or mechanic, including watchmen and guards, employed in violation of the clause act forth in paragraph (1,) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon Its own action or upon wnlien request of an authorized representative of the Department of tabor withhold or cause to be withheld, from any moneys 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 (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth In paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses In any lower her subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor With the clauses setforth In paragraphs (1.) through (4J of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision Is applicable to all Federal -aid construction contracts on the Natlonal Highway System. 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 contracting agency. Specialty items may be performed by subcontract and the amount of any such specially items performed may be deducted from the total odginal contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, end equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees, The tern may Include payments for the costs of hiring leased employees from an employee leasing firth meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-te-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. 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 or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2, The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the conlmct provisions. 3. 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 contracting officer determines Is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not he construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract Is evidenced In writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. Vil. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitallon (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 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 am 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. 3704). 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.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision Is applicable to all Federal -aid construction contracts and to all related subcontracts, In order to assure high quality and durable constmction 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, Form FHWA-1022 shall be posted on each Federal highway project (23 CFR 635) in one or more places where it Is readily available to all persons concerned with the projech 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, fin,, 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 under this title or Imprisoned not more than 5 years or both" IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract Is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2, That the contractor agrees to include or cause to be Included the requirements of paragraph (1) of this Section X In every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements - X, CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision Is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, iower-ller subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transection requiring FHWA approval of that is estimated to cost $25,000 or more— as defined In 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants; a. By signing and submitting this proposal, the prospective first ter participant Is providing the certification set out below. b. The inabillty of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification orexplanation will be considered in connection with the department or agency's determination whether to anter Into this transaction. However, failure of the prospective first tier 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 contracting agency determined to enter into this transaction. IT It Is later determined that the prospective participant knowingly rendered an erroneous certification, In addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide Immediate written notice to the contracting agency to whom this proposal is submitted If any time the prospective first tier participant teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," 'debarred," 'suspended," "ineligible," "participant," "person " 'principal," and "voluntarily excluded," as used in this clause, are defined In 2 CFR Parts 180 and 1200. 'First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Ter Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subconbactors and suppliers), I. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, It shall not knowingly enter Into any lower her 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 first tier participant further agrees by submitting this proposal that It will include the clause tiled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering Into this covered transaction, without modification, in all lower ller covered transactions and in all solicitations for lower fier covered transactions exceeding the $25,000 threshold. 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 is responsible for ensuring that Its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions, To verify the eligibility of its principals, as well as the eligibility of any tower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httnsalwww epis ao1), which m compiled by the General Services Administration. I. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the cer- ication required by this clause. The knowledge and Information of the prospective participant Is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. f 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. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant codifies to the best or its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment 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 statements, or receiving stolen property; (3) 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 (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective particlpant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) 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 effect 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 10 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 Icams that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person, "principal," and "voluntarily excluded," as used in this clause, are defined In 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lowertler 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 tilled '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 lowertier covered transactions exceeding the $25,000 threshold. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate In covered transactions, To verify the eligibility or its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (haps://www.eels.00y/), which is compiled by the General Services Administration. 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 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. 1. Except for transactions authorized under paragraph a of these Instructions, it a participant In a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, orvolumartly 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 andlor debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Participants: 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 participating In covered transactions 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. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is 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 certiflcaton shall be subject to a civil penally of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be Included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A- EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal,aid projects funded under the Appalachian Regional Development Act of 1965. 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 eff dent 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 ajob 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 the participant estimates such employees will be required, and (d) any other pertinent Information required by the Stale Employment Service to complete the job order form. Thejobordermaybe 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, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all quallfied 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 one week following the placing of ajob 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 (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 6. 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. Staff: Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 8/4/2014 SUBJECT Amendment to the Code of Ordinances to amend the penalty for tendering worthless checks or autopayments in payment of charges due to the City. EXECUTIVE SUMMARY Section 17-74 of the City Code defines the offense of passing a bad check for payment of any charges due to the City. The penalty for such offense is the payment of the face amount of the check, plus a penalty of $20 if the check is less than $100. If the face amount is over $100, an additional two percent penalty is applied. Staff is recommending that the penalty be changed to $25 regardless of the face amount of the check. BACKGROUND/DISCUSSION Staff is in the process of converting all billing and receivables processes to the new Munis software that was previously purchased by the City. This new software is configured to assess a set penalty for all returned checks, and is not able to use a percentage to figure the penalty. The amount of the penalty can be defined and changed as needed, as long is it is a set fee rather than a percentage. In an average month, the Customer Service office receives approximately 30 returned checks. In fiscal year 2013-2014, the City received 385 bad checks/payments for approximately $52,861. The range of returned checks was from $1.55 to $1,287.09, with an average of $137.30. Of the payments returned, 85 were for more than $200. By changing the penalty to a flat fee, the new software can automatically assess the penalty, rather than staff manually figuring and entering the penalty as is required under the current system. FINANCIAL IMPACT STAFF RECOMMENDATION It is recommended that the attached ordinance be approved by the City Council amending the Code of Ordinances relating to penalties for passing bad payments to the City. ATTACHMENTS: Name: ❑ Section _17-74_Bad Check_Penalty.doc Description: Penalty Bad Checks Ord BILL NO. 14-115 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17-74(b) OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING THE PENALTY FOR PASSING BAD CHECKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 17-74(b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Penalty for tendering worthless check in payment of charges due city", reading as follows: (b) Penalty for tendering worthless check in payment of charges due city. (1) Any person who shall make, draw, utter or deliver any check, draft or money order in payment of taxes, license fees, service charges, permit fees or other lawful obligations due the city, with or without intent to defraud, which check, draft or money order for any reason, except as provided in subsection (2) of this section, shall be returned to the city unpaid by the bank or other depository upon which the check, draft or money order shall have been drawn, shall pay to the city treasurer or other officer authorized to receive and collect payment of such taxes, license fees, service charges, permit fees or other lawful obligations due the city, in addition to the face amount of such check, draft or money order, a penalty in the amount set forth in the schedule in subsection (3) of this section for each such check, draft or money order. Such penalty shall be collectible in the same manner as such check, draft or money order, or in the same manner as the obligation for which such check, draft or money order was given the city. Such penalty shall be in addition to and not in lieu of any penalty which may be assessed for any violation of the provisions of section 50- 114. (2) No penalty authorized by subsection (1) of this section shall be paid or owed the city when such check, draft, or money order is returned to the city because such bank or other depository upon which the check, draft or money order shall have been drawn has been legally closed by any governmental or other regulatory authority on or after the date upon which such check, draft or money order is drawn. (3) The schedule of penalties is as follows: Face Amount Penalty of Check Less than $100.00 $20.00 Any amount over $100.00 $20.00 plus two (2) percent of the face value of the check is herd repealed in its entirety, and a new Section 17-74(b) of Chapter 17 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Penalty for tendering worthless check in payment of charges due city", is hereby enacted in lieu, in words and figures, to read as follows: (b) Penalty for tendering worthless check or electronic payment in payment of charges due city. (1) Any person who shall make, draw, utter or deliver any check, draft, money order, or electronic payment in payment of taxes, license fees, service charges, permit fees or other lawful obligations due the city, with or without intent to defraud, which check, draft, money order, or electronic payment for any reason, except as provided in subsection (2) of this section, shall be returned to the city unpaid by the bank or other depository upon which the check, draft, money order, or electronic payment shall have been drawn, shall pay to the city treasurer or other officer authorized to receive and collect payment of such taxes, license fees, service charges, permit fees or other lawful obligations due the city, in addition to the face amount of such check, draft, money order, or electronic payment, a penalty in the amount of Twenty-five Dollars ($25.00) for each such check, draft, money order, or electronic payment. Such penalty shall be collectible in the same manner as such check, draft, money order, or electronic payment, or 2 in the same manner as the obligation for which such check, draft, money order, or electronic payment was given the city. Such penalty shall be in addition to and not in lieu of any penalty which may be assessed for any violation of the provisions of section 50-114. (2) No penalty authorized by subsection (1) of this section shall be paid or owed the city when such check, draft, money order, or electronic payment is returned to the city because such bank or other depository upon which the check, draft, money order, or electronic payment shall have been drawn has been legally closed by any governmental or other regulatory authority on or after the date upon which such check, draft, money order, or electronic payment is drawn. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. ATTEST: Gayle L. Corr City Clerk Harry E. Rediger, Mayor 3 Staff: Casey Brunke, P.E. City Engineer Agenda: 8/4/2014 SUBJECT Resolution authorizing the City Manager to execute Amendment Number 5 to the General Services Agreement with Jacobs Engineering Group, Inc. for the Wastewater Treatment Plant Project, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The City of Cape Girardeau desires to expand the scope of work under an Agreement with Jacobs Engineering Group, Inc. for the design of a new wastewater treatment plant. This Amendment Number 5 will lengthen the contract for the Resident Project Representative. BACKGROUND/DISCUSSION The City of Cape Girardeau has been notified by the Missouri Department of Natural Resources (MDNR) that its current Wastewater Treatment Plant is in violation of its Permit No. MO -0050580 and State Statues for water pollution control due to its bypassing of raw sewage into the Mississippi River. A deadline of October 2008 was given for mitigation of this violation by submitting plans and specifications to MDNR for a system to eliminate these violations. MDNR indicated fines could be assessed for failure to do so. The City did not meet this deadline but has been in continued discussions with the MDNR explaining the reasons for noncompliance and what actions have been taken. The City initiated discussion with a consultant firm that has the qualified personnel and resources to take on a project of this magnitude. The consultant is Jacobs Engineering Group, Incorporated. Amendment Number 5 will add costs for keeping the Resident Project Representative on site until the W WTP project is complete. The contractor has experienced significant delays with the project schedule due to unforeseen groundwater encountered at the bottom of the sequencing batch reactor excavation, the changed condition at the influent pump station necessitating an elaborate shoring system, and weather delays in excess of the anticipated loss days in the construction contract. FINANCIAL IMPACT The cost for the services under Amendment Number 5 is $212,200. The total cost for services including Amendments Numbers 1 through 5 will be $4,737,400.00. The City will be paying these costs out of the CIP sales tax revenue and sewer equipment replacement reserves. Amounts paid from these sources will be reimbursed by bonds issued to build the new sewer plant. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS A new, higher capacity wastewater treatment plant will provide the City with the ability to handle a much larger volume of wastewater from the inhabitants of the City and its industrial users well into the future. This will enable the City to recruit new industrial users and accommodate corporate growth of our community and the resultant population growth from the added jobs. A new treatment facility with increased capacity will also bring the City into compliance with current regulatory requirements. STAFF RECOMMENDATION Staff recommends that the City Manager be authorized to enter into an Amendment Number 5 to the General Services Agreement with Jacobs Engineering Group, Incorporated. PUBLIC OUTREACH A Public Hearing was held January 12, 2011, to present the Facility Plan, environmental impact of the project and user charge impacts. Additional public meetings and presentations were conducted during the following weeks up to the date of the elections. These were made to various civic organizations as well as the City employees. Pamphlets and brochures were provided which outlined the need for the new facility, the cost thereof and the possible user fees scenarios based on the election results. The Council approved two ordinances on March 3, 2011; Ordinance No. 4204 called for an election on the question of issuing sewerage system revenue bonds up to $72,000,000.00 and Ordinance No. 4205 called for an election on the question of whether to impose a one-quarter of one percent for economic development purposes. The one-quarter sales tax would extend the imposition of a one-quarter of one percent capital improvements sales tax for the purpose of funding capital improvements operation and maintenance of such improvements, including but not limited to constructing a new wastewater treatment plant and other improvements to the City's sewerage collection system. Both of these ballots were voted on by the citizens on April 5, 2011, and both received sufficient votes for implementation. ATTACHMENTS: Name: ❑ Jacobs Eng Amendment 5 Resolution.doc ❑ Amendment No 5 Jacobs_Executed.pdf Description: Jacobs 5 Resolution Amendment No BILL NO. 14-117 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 5 TO THE GENERAL SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC., FOR THE WASTEWATER TREATMENT PLANT PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED 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 Amendment Number 5 to the General Services Agreement with Jacobs Engineering Group, Inc., for the Wastewater Treatment Plant Project, in the City of Cape Girardeau. The Amendment shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Effective Date Amendment Number 5 Amendment No. 5 This Amendment is entered into on the effective date noted above pursuant to the "General Servcies Agreement" between CITY OF CAPE GIRARDEAU, MISSOURI ("Client") and JACOBS ENGINEERING GROUP INC. ("Consultant"), dated July 21, 2009, ("Agreement"). The Agreement is incorporated herein and forms an integral part of this Amendment. However, in case of conflict, the terms of the Amendment shall control. Services Authorized Client authorizes Consultant to perform the Services described in Exhibit A attached hereto and incorporated herein, which Exhibit A is marked with the above noted Amendment No. 5 and consists of one (1) page. Compensation To the extent and amount invoiced, Consultant will be compensated for this Amendment on the following basis of reimbursement: 1. For the salary costs of its professional, technical and supporting personnel for the time during which they are directly employed in services covered by this Task, multiplied by a factor of 2.1 for office labor and 1.9 for field labor to cover overhead and profit. a. Salary costs are defined as the salaries paid for regular time and overtime (including any premium overtime) worked. b. Included in overhead are: i. Provision for applicable annual salary related expenses, including sick leave, vacation pay, holiday pay and other ordinary and customary paid time off, bonuses, the employer's portion of social security, unemployment and other payroll taxes, Employee's Retirement and Benefit Plan contributions, employer's portion of group hospitalization and medical insurance, and the cost of worker's compensation insurance. ii. The salaries of officers, except for technical or advisory services directly applicable to the project. iii. Rent and costs of light, heat and water; equipment depreciation and maintenance cost; costs of office supplies and reproduction of data for our internal use; general communications expense, including local telephone calls and postage; taxes, insurance premiums and license fees; automotive expense and other transportation and travel expense not chargeable to specific contracts; and other miscellaneous costs. Page 1 of 2 City of Cape Girardeau Amendment No. 5 2 2. For the following direct costs: a. Travel, subsistence, and incidental expenses of personnel while traveling in connection with this Task. b. Transportation by passenger automobiles that Jacobs supplies intermittently in connection with this Amendment, at the prevailing federal mileage reimbursement rate. All costs of owned, leased or rented passenger vehicles assigned to this Amendment and car allowances granted to management and supervisory personnel are reimbursable. Reimbursement for the cost of special types of vehicles will be at rates to be mutually agreed upon when such vehicles are required. e. Reproduction of drawings, photographs, maps, charts and reports which are prepared for the Owner's periodic or interim review and also the cost of the reproduction which constitute the delivery of services. d. Insurance required by Owner in addition to the coverage or in excess of the limits normally carried. e. Subcontracted services such as, but not limited to, borings, surveys, testing and computing services, if required in the performance of this Amendment. 3. Estimate of Cost of Consultant's Services a. Consultant estimates that the total cost of the services for Amendment No. 5 will be $212,200. Jacobs will consult with the Owner and obtain the Owner's consent before its costs exceed this estimate. Jacobs does not guarantee, however, that the cost of the services required by this Agreement will not exceed the estimated amount. CITY OF CAPE GIRARUEAU, MISSOURI JACOB -S ENGINEERING GROUP INC. BY: BY: NAME: NAME: TITLE: TITLE: 'ST DATE: DATE: 0 -r l z hi Page 2 of 2 City of Cape Girardeau Amendment No. 5 EXHIBIT A — SCOPE OF SERVICES AMENDMENT NO.5 Between City of Cape Girardeau (City) and Jacobs Engineering eering Group Inc. (Jacobs) The scope of services under this Amendment includes additional construction phase services including resident project representative services and project management services for the new wastewater treatment facility. The tasks are outlined below. Jacobs is currently working towards completion of the construction phase of the new wastewater treatment facility as described in Amendment No. 3, dated September 8, 2011. Task 1— Additional Resident Project Representative Services A. The additional resident project representative (RPR) services include: 1. KCI Construction Company, the City's construction contractor for the wastewater treatment facility (WWTF) has requested to extend the final completion date of construction from August 19, 2014 to March 27, 2015. The reason for the request is the significant delays experienced by the contractor due to a number of issues including the unforeseen groundwater encountered at the bottom of sequencing batch reactor excavation, the changed condition at the influent pump station that necessitated an elaborate shoring system, and the weather delays experienced that have been in excess of the anticipated lost work days in the Special Conditions of the specifications. Per Amendment No. 3 to the contract for construction phase services, the duration of RPR services coincides with construction duration of two years, which ends in August 2014. Therefore the RPR services need to be extended to match the revised construction schedule plus an additional month for project closeout work such as inspecting final punch list work, processing final pay application, and reviewing contractor's as -built marked -up drawings. It is anticipated that the contractor will work on Fridays (in addition to their normal 10 -hour Monday through Thursday work week) through the end of November 2014 to meet the new schedule. RPR services will be provided during those days also. The additional RPR work is about 1,500 hours, which correlates to a fee of $153,400, and the fee for direct costs for RPR's travel and lodging is $4,900. The total fee is $158,300. 2. Because of the time extension, additional project management services are also required. The additional services include assistance in the longer -duration plant startup, troubleshooting treatment processes, coordination with equipment vendors and MDNR, and general project management tasks. This additional work is about 300 hours, which correlates to a fee of $53,900. In summary, the fee for the additional work described above is $212,200. Page 1 of 1 City of Cape Girardeau Amendment No. 5 — Exhibit A Staff: Bruce W. Loy, Airport Manager Agenda: 8/4/2014 SUBJECT Lease agreement with the Federal Aviation Administration (FAA) for office space in the airport terminal facility at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY The attached agreement establishes another new, five-year lease agreement with the FAA to maintain 1,165 square feet of their current office space in the terminal building at the Cape Girardeau Regional Airport. The FAA uses the space as their regional headquarters for their Airways Facilities Sector Field Office. BACKGROUND/DISCUSSION For many years the FAA has maintained office space in the terminal building at the Cape Girardeau Regional Airport. The office space is used as their regional headquarters for their Airways Facilities Sector Field Office. The space is used for equipment storage and acts as the regional headquarters for their personnel to maintain air navigational equipment at the Cape Girardeau Regional Airport, as well as other airports within our region. This new five-year agreement provides a 12% increase, which pays for the office space and also includes payment for certain janitorial duties which our airport personnel perform on a daily basis. FINANCIAL IMPACT The attached lease agreement with the FAA, established as Lease No. DTFACN-I4-L-0011, provides for an annual lease payment of $12,662.76, or $1,055.23 per month,which is a 12% increase over the previous annual lease amount $11,306.04. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS It is important to note that our agreement and our relationship this FAA office has been very beneficial over the years, as their response time to any of our FAA owned/operated airfield navigational equipment is typically very quick. STAFF RECOMMENDATION It is recommended that the City Council approve a resolution authorizing the City Manager to enter into the attached lease agreement for office space with the Federal Aviation Administration in the amount of $12,662.76 annually, at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: ❑ FAA Lease 2014.doc Description: FAA Lease Resolution ❑ FAA Airways Facility_ Sector_ Office_Lease.pdf FAA Airways Facilities Sector Field Office Lease BILL NO. 14-121 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR LEASE SPACE AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED 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 Lease Agreement with the Federal Aviation Administration, for lease space at the Cape Girardeau Regional Airport, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk ■.0 THE UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION SMALL LEASE for REAL PROPERTY Lease No: DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, MO 1. THIS LEASE (9/98), entered into by and between THE CITY OF CAPE GIRARDEAU whose interest in the property hereinafter described is that of Owner, hereby referred to as LESSOR, and the United States of America, hereinafter referred to as the GOVERNMENT OR FAA: WITNESSETH: The Parties hereto, and for the consideration hereinafter mentioned, covenant and agree as follows: 2. DESCRIPTION (10/96) - The LESSOR hereby leases to the GOVERNMENT the following described premises: Approximately 1,165 square feet of space located in the North end of the terminal building, Municipal Airport, Cape Girardeau, Missouri. Lessor will also furnish, at no additional cost to the Government, parking for three Government vehicles within the restricted gate area, along with 24 hour electronic access to the restricted area for each vehicle. 3. TERM (1/01) - To have and to hold, for the term commencing on October 1, 2014 and continuing through September 30, 2019 inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals. This lease succeeds Lease No: DTFASW - 10 - L - 00136, which expires on September 30, 2014. 4. HOLDOVER- If after the expiration of the lease, the Government shall retain possession of the premises, the lease shall continue in force and effect on a month-to- month basis. Rent shall be paid in accordance with the terms of the lease, in arrears on a prorated basis, at the rate paid during the lease term. This period shall continue until the Government shall have signed a new lease with the Lessor, acquired the property in fee, or vacated the leased premises. 5. CANCELLATION (8/02) -The GOVERNMENT may terminate this lease at any time, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the Government, on or after October 1, 2014 by giving at least 30 days notice in writing to the LESSOR. No rental will accrue after the effective date of termination. Said notice will be computed commencing with the day after the date of mailing. Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri 6. RENTAL (10/96) - Rent in the amount of $12,662.76 per annum payable at the rate of $1,055.23 per month shall be payable to the Lessor in arrears and will be due on the first workday of each month, without the submission of invoices or vouchers. Subject to available appropriations. Rent will be considered paid on the date a check is dated or an electronic funds transfer is made. Rent for a period of less than a month will be prorated. Checks will be made payable to: City of Cape Girardeau, Missouri, City Hall, P.O. Box 617, Cape Girardeau, Missouri 63701. Rental calculations are based on $6.72 per square foot base rent for 1,165 square feet ($7,828.80) and $4.48 per square foot for services, including janitorial services, for 1,079 square feet ($4,833.92). Janitorial service does not apply to the 86 square feet of storage space. 7. SERVICES AND UTILITIES - (To be provided by LESSOR as part of rent. Services will be Building Standard, unless level of service is prescribed elsewhere in the lease.) (10/96) Services, utilities, and maintenance will be provided daily, extending from 6:30 a.m. to 5:30 p.m. except Saturday, Sunday, and Federal holidays. Services supplied to technical equipment will be supplied 24 hours a day, and seven days a week. The GOVERNMENT will have access to the leased premises at all times, including the use of electrical services, toilets, lights, elevators, and GOVERNMENT office machines without additional payment. ELECTRICITY WATER (hot & cold) SNOW REMOVAL TRASH REMOVAL - Daily CHILLED DRINKING WATER HVAC 68 to 74 DEG. F DAILY TOILET SUPPLIES & CLEANING PEST CONTROL DAILY JANITORIAL SERV. & SUPPLIES (See Attachment B) GROUND MAINTENANCE INITIAL & REPLACEMENT LAMPS, TUBES, & BALLASTS EXTERIOR & INTERIOR DOOR LOCKS AND HARDWARE - Designed to accept 7 - pin removable cores manufactured 'Best Lock", which will be supplied by the Government. CARPET REPLACEMENT- Includes moving and return of furniture when replacing carpeting every 8 years or when the following happens: 1) Backing or underlayment is exposed. 2) There are noticeable variations in surface color or texture. 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 2 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri Utilities Not Provided by the Lessor (10/96) If the cost of utilities is not included as part of the rental consideration, the LESSOR must specify which utilities are excluded. The LESSOR will provide separate meters for utilities to be paid for by FAA. When FAA is to pay for utilities, the LESSOR will furnish the RECO, prior to occupancy by the FAA, written verification of the meter numbers and certification that these meters will measure FAA usage only. Proration is not permissible. If the cost of utilities for heating, ventilation, and air conditioning is not included as part of the rental considerations, an automatic control system will be provided to assure compliance with heating and air conditioning provisions included in this specifications package. 8. ERECTION OF SIGNS- The Government shall have the right to erect on or attach to the Lessor's premises such signs as may be required to clearly identify the Government's facility. Said signs so erected will remain the property of the Government and shall be removed from the premises upon termination of the lease. 9. INSTALLATION OF ANTENNAS, CABLES, AND OTHER APPURTENANCES - Permission is granted to the Government for the following: a. To install and maintain cables, underground, overhead, in ducts, raceways, and conduits; switches and distribution panels in the Administration Building. b. To maintain an underground fuel tank including the necessary fuel lines adjacent to and on the north side of the space formerly occupied by the FAA engine generator. c. To install and maintain antennas, antenna supports, antenna cables, and appurtenances on the roof of the Administration Building. 10. GENERAL CLAUSES: a. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) - If the building or structure is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased premises is untenantable as determined by the GOVERNMENT, the GOVERNMENT may terminate the lease, in whole or in part, immediately by giving written notice to the LESSOR and no further rental will be due. b. MAINTENANCE OF THE PREMISES (10/96) - The LESSOR will maintain the demised premises, including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the LESSOR under this lease, in good repair and tenantable condition. c. FAILURE IN PERFORMANCE (10/96) - In the event the LESSOR fails to perform any service, to provide any item, or meet any requirement of this lease, the GOVERNMENT may perform the service, provide the item, or meet the requirement, either directly or through a contract. The GOVERNMENT may 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 3 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause will constitute default by the GOVERNMENT on this lease. d. ACCESSIBILITY (10/06)- The Building and the leased premises shall be accessible to persons with disabilities pursuant to the Architectural Barriers Act and Rehabilitation Act as detailed in the Architectural Barriers Act Accessibility Standards (ABAAS) 41 CFR Parts 102-71, 102-72, et al, and all applicable state and local accessibility laws and regulations. e. CONTRACT DISPUTES (11/03) All contract disputes arising under or related to this lease will be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and will be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and will apply only to final agency decisions. A LESSOR may seek review of a final FAA decision only after its administrative remedies have been exhausted. All Contract Disputes will be in writing and will be filed at the following address: Office of Dispute Resolution for Acquisition, AGC -70, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 323,Washington, DC 20591, Telephone: (202) 267-3290, Facsimile: (202) 267-3720 A contract dispute against the FAA will be filed with the ODRA within two (2) years of the accrual of the lease contract claim involved. A contract dispute is considered to be filed on the date it is received by the ODRA. The full text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be provided by the RECO. f. LESSORS SUCCESSORS (10/96) - The terms and provisions of this lease and the conditions herein bind the LESSOR and the LESSOR's heirs, executors, administrators, successors, and assigns. g. NO WAIVER (10/96) - No failure by the GOVERNMENT to insist upon strict performance of any provision of this lease, or failure to exercise any right, or 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 4 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri remedy consequent to a breach thereof, will constitute a waiver of any such breach in the future. i. The following clauses are incorporated by reference: Upon request the full text will be provided by the RECO. DEFAULT BY LESSOR (10/96) COMPLIANCE WITH APPLICABLE LAWS (10/96) OFFICIALS NOT TO BENEFIT (10/96) COVENANT AGAINST CONTINGENT FEES (8/02) ANTI -KICKBACK (10/96) EXAMINATION OF RECORDS (10/96) ASSIGNMENT OF CLAIMS (10/96) SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (10/96) INTEGRATED AGREEMENT (10/96) EQUAL OPPORTUNITY (10/96) AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (10/96) AFFIRMATIVE ACTION FOR DISABLED WORKERS (10/96) SEISMIC SAFETY FOR EXISITING BULDINGS (10/12) SAM (1/13) EFT (10/06) 11. ATTACHMENTS (8/02) - See herein attached - Attachments A and B 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 5 Lease No. DTFACN-I4-L-0011 I (CGI) SSC Cape Girardeau, Missouri IN WITNESS WHEREOF, the parties hereto have signed their names: 12a. NAME AND TITLE OF 12b. SIGNATURE OF OWNER 12c. DATE LESSOR/OWNER (Type or Print) THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. .._ 13a. NAME OF REAL ESTATE 13b. SIGNATURE OF REAL 13c. DATE CONTRACTING OFFICER ESTATE CONTRACTING Patsy McComis 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 M. Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri ATTACHMENT A for Small Lease Lease Number DTFACN- 14 - L - 00111 L SECTION A - GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS A1 -General Health and Safety Standards (8/02) Local Health, Environmental (OSHA and EPA), and Safety Standards and Building Codes will be complied with when accomplishing any cleaning, construction, renovation, remodeling, maintenance or testing done in the leased premises and areas connected to or integrated with the leased premises. Whenever FAA Standards require work processes or precautions to be provided, the LESSOR will coordinate with the FAA during the work so that proper requirements are met. II. SECTION B - SAFETY AND FIRE PREVENTION B1 -Fire and Safety Requirements (4/12) The facility, its systems and appurtenances must be in compliance with the following fire protection and life safety requirements (FLS): 1. State and local building codes in affect at the time of construction or most recent modification, whichever is later. 2. State and local fire safety and fire prevention codes. 3. National Fire Protection Association, Life Safety Code (NFPA 101), latest edition at the time of lease signing. 4. All Occupational Safety & Health Administration requirements including 29 CFR 1910 and 29 CFR 1960, and their associated agreements. Where compliance with the literal requirements of these standards has not been achieved, the Lessor must document, in writing to the FAA , the specific deviation(s) from these standards and what alternative methods have been employed by the Lessor and accepted by the local jurisdiction (where applicable), as an alternative method of compliance. Furthermore, where alternative methods of compliance are used in lieu of literal compliance with the FLS requirements listed herein, the approach shall be documented by a Fire Protection Engineer and presented to the FAA for review and concurrence. 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 7 Lease No. DTFACN-I4-L-0011 I (CGI) SSC Cape Girardeau, Missouri The specific list of requirements identified in items C1 (1 through 4 above) includes: 1. Federal Aviation Administration Order including: a. FAA Order 3900.19B, FAA Occupational Safety and Health Program 2. FLS Codes Promulgated by the International Code Congress including: a. International Building Code b. International Fire Code c. International Mechanical Code 3. National Fire Protection Association Codes & Standards including: a. NFPA 10: Standard for Portable Fire Extinguishers b. NFPA 13: Standard for the Installation of Sprinkler Systems c. NFPA 14: Standard for the Installation of Standpipe Systems d. NFPA 20: Standard for the Installation of Stationary Fire pumps e. NFPA 24: Standard for the Installation of Private Fire Service mains and Their Appurtenances f NFPA 70: National Electrical Code g. NFPA 72: National Fire Alarm and Signaling Code It. NFPA 75: Standard for the Protection of Information Technology Equipment i. NFPA 90A: Standard for the Installation of Air -Conditioning and Ventilating Systems j. NFPA 92: Standard for Smoke Control Systems k. NFPA 101: Life Safety Code 1. NFPA 110: Standard for Emergency and Standby Power Systems 4. Occupational Safety & Health Administration regulations including: a. OSHA 29 CFR 1910, Occupational Safety and Health Standards (including Subpart E, Exit Routes and Emergency Planning, & Subpart L, Fire Protection b. OSHA / FAA Agreement titled FAA Alternate Standard for Fire Safety in Airport Traffic Control Towers, (1998 signature date) (a.k.a. 1960.20) As provided in this section, all codes, standards, orders and directives refer to the current edition in place at the signing of this lease. If construction or modifications to the leased premises are undertaken at any time during the term of this Lease, all fire protection and life safety systems must be brought into compliance according to the then -current edition of NFPA and local codes and standards. The building shall, as required by applicable codes, be equipped with automatic sprinklers which conform to NFPA No. 13; be maintained by the Lessor in accordance with NFPA No. 25 ; be electrically supervised and monitored; and shall have water -flow alarm switches connected to automatically notify the local fire department or central station (NFPA No. 72). Notification of the fire department or central station shall be accomplished through the building fire alarm system. Regardless of local code requirements, when the leased space (including garage areas under lease by the FAA) is on the 6th floor and above, or below grade, sprinklers are required. Furthermore, leased buildings serving National Airspace System (NAS) air traffic control operations and constructed after June 2012, shall be fully protected with an automatic, electrically 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 8 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri supervised sprinkler system designed and installed in accordance with the requirements of NFPA 13. A manual fire alarm system must be provided, maintained, and tested by the Lessor in accordance with NFPA Standard No. 72 (National Fire Alarm and Signaling Code) under the following circumstances: 1. Occupancy of the space is by 10 or more persons, or 2. Space is more than 1000 square feet in area, or 3. Building is three (3) or more stories in height, or 4. Building contains more than 50,000 square feet gross floor area. The fire alarm system wiring and equipment must be electrically supervised and equipped with an automatic fire department notification system, and must conform to NFPA Standards No. 70 and 72. Engineered smoke control systems, if present, shall be maintained in accordance with the manufacturer's recommendations and must meet performance requirements of NFPA 92. Fire -safety mechanisms, equivalent to the requirements stated above in this clause, may be accepted, at the discretion of the RECO, if certified by a Professional Fire Protection Engineer, licensed in the subject property's state. Portable fire extinguishers matching the hazards accommodated by the lease must be provided, inspected, and maintained by the Lessor in accordance with NFPA Standard No.10. When the leased space is located in multi -tenant buildings, the Lessor shall be fully responsible for: 1. Development of a building Emergency Action Plan (EAP) and Fire Prevention Plan (FPP) 2. Publishing and making copies of the EAP and FPP available to all FAA leased space occupants 3. Conducting fire evacuation drills, at least annually 4. Conducting review and modification of the EAP and FPP at least annually 5. Inviting FAA representation in development, review and modification of the EAP and FPP The FAA facility manager shall be responsible for the development of the tenant specific EAP and FPP for their lease space and in single tenant buildings. 132 -Halon (4/12) Halon must not be used as a fire extinguishing system in any FAA leased space. 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 9 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri B3 -Indoor Air Quality (4/12) The Lessor shall control contaminants at the source and/or operate the space in such a manner that the indicator levels for carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde (HCHO), are not exceeded. The indicator levels for office area are as follows: CO -9 parts per million (PPM) time weighted average (TWA - 8 -hour sample); CO2 - 1,000 PPM (TWA); HCHO - 0.1 PPM (TWA). All indoor air contaminant levels in leased space will be kept below appropriate OSHA regulations or Consensus standards, whichever is stricter. Air quality and facility cleaning will be adequate to prevent the growth of mold, mildew and bacteria. Any visual evidence of these will require immediate sampling and remediation. Moisture/standing water will be controlled to prevent the growth of these. During working hours, ventilation shall be provided in accordance with the latest edition of ANSUASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality. The Lessor shall promptly investigate indoor air quality (IAQ) complaints and shall implement controls including alteration of building operating procedures (e.g., adjusting air intakes, adjusting air distribution, cleaning and maintaining HVAC, etc.). The FAA is responsible for addressing IAQ problems resulting from its own activities. MSDS will be provided to the FAA facility manager as well as a copy sent to the RECO for all cleaning solutions used in the FAA spaces. 134 - Electrical Safety(4/12) The Lessor shall ensure electrical safety requirements are met, including grounding, bonding, shielding, control of electrostatic discharge (ESD), and lightning protection requirements, in accordance with: 1. 29 CFR 1910, Subpart S, Electrical 2. FAA Standard HF -STD -001, Human Factors Design Standard, Chapter 12.4, Electrical Hazards 3. DOT Specification FAA -G-210011, Electronic Equipment, General Requirements 4. National Fire Protection Association (NFPA) 70, National Electrical Code 5. NFPA 70E, Electrical Safety in the Workplace 6. American National Standards Institute/Institute of Electrical and Electronics Engineers (ANSI/IEEE) Standard 1100-2005, Recommended Practice for Powering and Grounding Electrical Equipment 7. DOT Standard FAA -STD -019E, Lightning and Surge Protection, Grounding, Bonding and Shielding Requirements for Facilities and Equipment All hazards associated with electrical equipment shall be marked with labels indicating the hazard, in accordance with FAA-G-21OOH, Chapter 3.3.5.5, Markings, Signs, Tags and Svmbols. 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 10 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri The Lessor shall ensure that personnel are protected from arc flash hazards, in accordance with NFPA 70E, Electrical Safety in the Workplace and that arc flash warning labels are posted on affected panels, with warning labels meeting the requirements of American National Standards Institute (ANSI) Z53, Series of Standards for Safety Signs and Tags. B5 — EOSH Requirements (4/12) The Lessor shall provide space, services, and equipment that comply with the following: 1. 29 CFR 1910, Occupational Safety and Health Standards (General Industry) 2. FAA Order 3900.1913, FAA Occupational and Health Program 3. FAA Standard HF -STD -001, Human Factors Design Standard 4. National Fire Protection Association (NFPA) 70, National Electrical Code, and NFPA 70E, Electrical Safety in the Workplace 5. Relevant fire codes and building codes Any equipment used or otherwise provided by the Lessor or Lessor's contractors or agents that presents a potential safety hazard shall be marked with appropriate warning labels or placards, in accordance with 29 CFR 1910.145, Specifications for Accident Prevention Signs and Tags, FAA HF -STD -001, Human Factors Design Standard, Chapter 12.16, Safety Labels and Placards, and American National Standards Institute (ANSI) Z535.4, Product Safety Signs and Labels. All equipment described herein shall be designed and installed to be free of mechanical hazards that may injure personnel (sharp projections, unguarded moving parts, etc.), in accordance with FAA -G -2I OOH, Electronic Equipment, General Requirements, Section 3.3.5.4. B6 — Fall Protection (4/12) The Lessor shall ensure proper fall protection safety systems (railings, toe boards, etc.) are in place for all work areas where FAA personnel are required to perform work at four feet or more above the next lowest level (platforms, catwalks, etc.), in accordance with FAA Order 3900.1913, FAA Occupational Safety and Health Program, Chapter 10, 29 CFR 1910, Occupational Safety and Health Standards (General Industry), and 29 CFR 1926, Safety and Health Regulations for Construction. B7 — Hazardous Materials (4/12) The facility and equipment provided by the Lessor shall minimize the use of lead and mercury, in accordance with FAA Order 1050.1 OC, Prevention, Control, and Abatement of FAA Environmental Pollution; be free of Class I ozone-depleting substances (ODSs), HCFC -22, HCFC -141b, and HCFC -142b, in accordance with 40 CFR Part 82, Protection of Stratospheric Ozone; and be free of polychlorinated biphenyls (PCBs), in accordance 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. I 1 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri with 40 CFR Part 761. The Lessor shall ensure that FAA personnel are protected from asbestos hazards, in accordance with 29 CFR 1910.1001, Asbestos, and FAA Order 1050.20A, Airway Facilities Asbestos Control Program. B8 — Seismic Safety for Equipment (4/12) The lessor shall ensure that building installed equipment is properly anchored to protect personnel during a seismic event, in accordance with DOT Specification FAA -G-21 OOH, Electronic Equipment, General Requirements, Section 3.3.5, Personnel Safety and Health, and requirements for the seismic zone in which the facility is located. 139 -OSHA Requirements (10/96) The LESSOR will provide space, services, equipment, and conditions that comply with Occupational Safety and Health Administration (OSHA) safety and Health standards (29 CFR 1910 and 1926). B10 -Radon (10/96) Radon levels in leased premises to the FAA will not equal or exceed the EPA action level for homes of four (4 ) picocuries per liter (PCI/L). If radon levels are found to be at or above 4 PCI/L. the LESSOR will develop and promptly implement a plan of corrective action. BI I-Refriuerants (8/02) The LESSOR will identify which refrigerants are used in the HVAC systems in the spaces covered by this lease. The lease will provide for use of refrigerants consistent with EPA and ASHRAE requirements. 1312 -Warrant pace (4/12) A. Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Lessor warrants that all space leased to the Government under this contract, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, engineering spaces in the same ventilation zone as the leased space, public spaces and common use space (e.g., lobbies, hallways) will, at the time of acceptance and during the term of the lease contract, comply with the asbestos containing material (ACM) and polychlorinated biphenyl (PCB) requirements of the Toxic Substance Control Act (TSCA). The RECO shall notify the Lessor in writing of any failure to comply with asbestos requirements, within 30 days after the discovery thereof. All construction by the Lessor is required to comply with the OSHA regulations for Asbestos. 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 12 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri B. The leased premises shall be free of all asbestos -containing material, PCB's, Radon, and other environmentally hazardous substances. If either ACMs or PCBs are found to be in the leased space, the Government reserves the right to require the Lessor, at no cost to the GOVERNMENT, to take whatever corrective action required by the Toxic Substance Control Act, EPA regulations and state requirements. All facilities constructed prior to 1981 are to have an asbestos building survey conducted by a qualified inspector, including a visual examination and bulk sampling. All ACM survey reports must be sent to the RECO. C. If the Lessor fails, after receipt of notice, to make correction within 90 days, the Government shall have the right to make the required correction and do any of the following: a.) charge to the Lessor the costs occasioned to the FAA; b.) withhold the costs from the rent; or c.) terminate the lease agreement. Any such termination of the Lease pursuant to this provision shall be at no cost to FAA. D. The rights and remedies of the FAA in this clause are not exclusive, and are in addition to any other rights and remedies provided by law and under this contract. E. Definitions. 1. "Acceptance", as used in this clause means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, the leased premises as ready for occupancy or approves a portion of the premises for occupancy in accordance with the provisions of this lease contract. 2. "Correction", as used in this clause, means (i) the removal, encapsulation or enclosure of any friable asbestos materials found in the space leased to the Government, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, public spaces, engineering spaces in the same ventilation zone as the leased space and common use space (e.g., lobbies, hallways). Following such abatement actions, the Lessor shall adhere to the FAA's required post -asbestos -abatement air monitoring program. (ii) With regard to non -friable asbestos materials in good condition, it means the establishment and execution of a special operations and maintenance program and an abatement plan, approved by the Government, to be implemented from the time the materials are discovered through the remainder of the lease term, and (iii) with regard to PCBs, it involves the removal or retrofitting, in accordance with EPA regulations, of any PCB equipment present in the building. III. SECTION C MISCELLANEOUS CI - Non -Restoration (10/96) The FAA will have no obligation to restore and/or rehabilitate, either wholly or partially, the premises under this lease. It is further agreed that the FAA may abandon in place any or all of the structures, improvements and/or equipment installed in or located upon said 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 13 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri property by the FAA during its tenure. Notice of abandonment will be conveyed to the LESSOR in writing. C2 - Occupancy Permit (8/02) - The premises offered will have a valid Occupancy Permit, issued by the local jurisdiction, for the intended use of the Government, or the Offeror will complete and provide a certified copy of "FAA Safety & Environmental Checklist" form, in lieu of an occupancy permit, at the contracting officers discretion. The leased premises, all accesses to the leased premises, building operations, equipment, services, or utilities furnished by the LESSOR, and activities of other occupants, will be free of safety, health, and fire hazards. When such hazards are detected, they must be promptly corrected at the LESSOR's expense. C3 - Hold Harmless (10/96) — In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 USC 2671 et. seq.), hereafter termed "the Act" the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be deemed to extend the Government's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity. C4 - Recycling (1/12) - Where State or local law, code, or ordinance requires recycling programs (including those for mercury containing lamps) for the space to be provided, the Lessor shall comply with such State and/or local law, code, or ordinance, to the extent practicable, and provided that any such law, code, and/or ordinance is at least as stringent as the requirements set forth under Federal law and in the immediately following paragraph below. In all other cases, the Lessor shall establish a recycling program for (at a minimum) paper, corrugated cardboard, glass, plastics, and metals where local markets for recovered materials exist. In addition, the Lessor shall provide an easily accessible, appropriately sized (2 square feet per 1,000 square feet of building gross floor area) area that serves the tenant space for the collection and storage of materials for recycling. Telecom rooms are not acceptable as recycling space. The Lessor agrees, upon request, to provide the Government with additional information concerning recycling programs maintained in the building and in the leased space after lease execution. C5. Pest Control (4/12)- The Lessor shall exterminate and control pests within the premises within a timely manner as required by the Government. Notice shall be provided to the FAA facility manager and a copy to the RECO before any application of herbicide(s)/pesticide(s) or other chemical pest control. OSHA requirements for Hazard Communication shall apply for the use of hazardous materials used in pest control. Copies of Material Safety Data Sheets (MSDS) for all chemicals applied shall be 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 14 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri provided to the FAA before application. Only licensed applicators shall be allowed to apply chemicals. Herbicides/pesticides are not to be applied near the outside air intakes of the building during normal working hours or when the system is in operation. IV. SECTION D SECURITY REQUIREMENTS DI - Facility Securit (4/12) Security requirements for Government occupied space must meet minimum -security accreditation standards for the type of facility covered by this lease. The FAA Facility Security Management Program defines facility security accreditation standard levels. The security requirements identified below are tailored specifically for the type of facility covered by this lease. The Lessor shall provide or make accommodation to provide for all the security requirements listed herein for the leased premises covered by this lease agreement: Background investigation required The local SSE will determine any additional security upgrades that are required to meet accreditation and shall conduct a final security assessment of the building. The Lessor shall provide maintenance services to the security upgrades installed by the Lessor within the leased premises and covered under this lease. D2 — Contractor Personnel Suitability Requirements (4/12) A. This clause applies to the extent that this lease requires contractor employees, subcontractors, or consultants to have unescorted access to FAA: Facilities; Sensitive information; and/or; Resources regardless of the location where such access occurs, and none of the exceptions of FAA Order 1600.72A, Contractor and Industrial Security Program, Chapter 5, paragraphs 4, 6, 7 and 8 pertains. Definitions of applicable terminology are contained in the corresponding guidance and FAA Order 1600.72A, appendix A. B. Consistent with FAA Order 1600.72A, the FAA Servicing Security Element (SSE) has approved designated risk levels for the positions under the lease. Those designated risk levels are: Level 1 C. If a National Agency Check with Inquiries (NACI) or other investigation is required under paragraph (b) for a given position, the contractor will submit to the RECO a point of contact (POC) that will enter applicant data into the Vendor Applicant Process (VAP) system (vap.faa.gov). VAP is a FAA system used to process and manage security information for FAA contractor personnel. Each lease may have up to 5 POCs. Once 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 15 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri designated, a VAP administrator will provide each POC a Web ID and password. The type of investigation conducted will be determined by the position risk level designation for all duties, functions, and/or tasks performed and will serve as the basis for granting a favorable employment suitability authorization as described in FAA Order 1600.72A. If an employee has had a previous U. S. Government conducted background investigation which meets the requirements of Chapter 5 of FAA Order 1600.72A and Homeland Security Presidential Directive 12 (HSPD-12), it will be accepted by the FAA. However, the FAA reserves the right to conduct further investigations it determines necessary. This lease may include positions that are temporary, seasonal, or under escort only. In such cases, a FAA Form 1600-77 for each specific position will be established as the investigative requirements may differ from the NACI. The following information must be entered into VAP by the POC for each applicant requiring an investigation: • Name; • Date and place of birth (city and state); • Social Security Number (SSN); • Position and office location; • Contract number; • Current e-mail address and telephone number (personal or work); and • Any known information regarding current security clearance or previous investigations (e.g. the name of the investigating entity, type of background investigation conducted, contract number, labor category (Position), and approximate date the previous background investigation was completed). If a prior investigation exists and there has not been a 2 year break in service by the applicant, the SSE will notify the contractor that no investigation is required and that final suitability is approved. If no previous investigation exists, the SSE will send the applicant an e-mail (this step may be delegated to VAP POC): • Stating that no previous investigation exists and the applicant must complete a form through the Electronic Questionnaires for Investigations Processing (eQIP) system • Instructing the applicant how to enter and complete the eQIP form; • Providing where to send/fax signature and release pages and other applicable forms; and • Providing instructions regarding fingerprinting. The applicant must complete the eQIP form and submit other required material within 15 days of receiving the e-mail from the SSE. 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 16 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri For items to be submitted outside eQIP, the contractor must submit the required information with a transmittal letter referencing the contract number to: Headquarters Contracts: Manager, Personnel Security Division, AIN -400 800 Independence Avenue, S.W., Room 315 Washington, D.C. 20591 Regional and Center Contracts: Security and Hazardous Materials Safety, ACE -700 901 Locust St, Room 541 Kansas City, MO 64106 The transmittal letter must also include a list of all of the names of contractor employees and their positions for which completed forms will be submitted to the SSE pursuant to this Clause. D. The contractor must submit the information required by paragraph (c) of this Clause for any new employee not listed in the Contractor's initial submission who is hired into any position identified in paragraph (b) of this Clause. E. The RECO will provide notice to the contractor when any contractor employee is found to be unsuitable or otherwise objectionable, or whose conduct appears contrary to the public interest, or inconsistent with the best interest of national security. The contractor must take appropriate action, including the removal of such employee from working on this FAA contract, at its own expense. Once action has been taken, the contractor will report the action to the RECO and SSE. F. No contractor employee will work in a high, moderate, or low risk position unless the SSE has received all forms necessary to conduct any required investigation and has authorized the contractor employee to begin work. G. The contractor must notify the RECO within one (1) business day after any employee identified pursuant to paragraph (c) of this Clause is terminated from performance on the lease. This notification must be done utilizing the Removal Entry Screen of VAP. If FAA issued the terminated employee and identification card, the contractor must collect the card and submit it to the SSE. H. The RECO may also, after coordination with the SSE and other security specialists, require contractor employees to submit any other security information (including additional fingerprinting) deemed reasonably necessary to protect the interests of the FAA. In this event, the contractor must provide, or cause each of its employees to provide, such security information to the SSE, and the same transmittal letter requirements of paragraph (c) of this Clause applies. 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 17 Lease No. DTFACN-I4-L-0011 I (CGI) SSC Cape Girardeau, Missouri L The contractor and/or subcontractor(s) must contact the Servicing Security Elements (Regional and/or Center Security Divisions) or AIN -400 at Headquarters within one (1) business day in the event an employee is arrested (detained by law enforcement for any offenses, other than minor traffic offenses) or is involved in theft of government property or the contractor becomes aware of any information that may raise a question about the suitability of a contractor employee. J. Failure to submit information required by this clause within the time required may be determined by the RECO a material breach of the lease. K. If subsequent to the effective date of this lease, the security classification or security requirements under this lease are changed by the Government and if the changes cause an increase or decrease in direct lease costs or otherwise affect any other term or condition of this lease, the lease will be subject to an equitable adjustment. L. The contractor agrees to insert terms that conform substantially to the language of this clause, including paragraph (K) but excluding any reference to the Changes clause of this lease, in all subcontracts under this lease that involve access and where the exceptions under Chapter 5, FAA Order 1600.72A do not apply. M. Contractor employees who have not undergone a background investigation must be escorted at all times. In some instances, a contractor employee may be required to serve as an escort. To serve as an escort, a contractor employee must have a favorably adjudicated fingerprint check and initiated a NACI with FAA. 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 18 Lease No. DTFACN-I4-L-00111 (CGI) SSC Cape Girardeau, Missouri ATTACHMENT B for Small Lease Lease Number DTFACN- 14 - L - 00111 SPECIFICATIONS FOR JANITORIAL SERVICES Al. Daily Cleaning- A. leaningA. Sweep all non -carpeted floors with hand broom and clean around and behind all stationary fixtures. B. Empty wastebaskets and containers and dispose of trash. Wipe out wastebaskets; provide liners in each waste receptacle. C. Wash and clean lavatory, fixtures, and mirror. Furnish and maintain supplies and service for soap container and paper towel dispenser. A2. Weekly Cleanin& A. Dust surfaces of all office furniture and fixtures, including desktops and windowsill. B. Vacuum and spot clean. C. Clean and wet mop all tiled floors using soap or detergent. Remove all oil or tar, and buff floors. Damp mop slashed and scuff marks from baseboards and from bases of equipment. A3. Monthly Cleaning- A. Wash all wastebaskets. B. Wash painted walls as necessary to clean soiled spots. C. Damp wash desktops and all glass bookcases. A4. Quarterly Cleaning- A. leaningA. Wash windows inside and out. B. Dust and clean all spaces, except as defined in paragraph 1. C. Clean with a wet mop using soap or detergent; remove all oil or tar marks on all floor space not included in paragraph B2. A5. Annual Cleanine- A. Shampoo Carpet. B. Clean or wash walls, including air conditioning outlets. C. Strip old wax from all floor space, wax, and buff. To be performed in conjunction with one of the quarterly cleanings scheduled. 2.6.9 Small Space Lease Form January 2013 OMB Control No. 2120-0595 Pg. 19 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 8/4/2014 SUBJECT An Ordinance authorizing the Mayor to execute a Quit Claim Deed to Midamerica Hotels Corporation for property located along Veterans Memorial Drive Phase 4 near U.S. Route 61, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes the execution of a Quit Claim Deed conveying a 0.21 acre tract to Midamerica Hotels Corporation per an agreement that was executed for Veterans Memorial Drive Phase 4. BACKGROUND/DISCUSSION In September 2009, the City of Cape Girardeau and Midamerica Hotels Corporation executed an Agreement for the Sale of Real Property and the Granting of Easements as part of the Veterans Memorial Drive Phase 4 Project. One of the conditions of the agreement states that the City agrees to deed to Midamerica Hotels Corporation 8,967 square feet (0.21 acres) of land, identified as Tract 5C on the Right of Way & Easement Sketch, at the time Veterans Memorial Drive Phase 4 is opened to the public. The tract previously served as a public street, which was no longer needed once Veterans Memorial Drive Phase 4 opened in June 2011. It recently came to the City staffs attention that the tract still needs to be conveyed. The Quit Claim Deed and the Right of Way & Easement Sketch are attached. FINANCIAL IMPACT The City agreed to convey the tract in order to obtain the land necessary to construct Veterans Memorial Drive Phase 4. The financial impact is minimal. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the Mayor to execute the Quit Claim Deed. ATTACHMENTS: Name: Description: ❑ City to MidAmerica -Veterans Mem Dr QCD.doc MidAmerica QCD Ordinance ❑ QCD City to Midamerica.pdf Quit Claim Deed - City to Midamerica Hotels Corp ❑ ROW Easement_Exhibit.pdf Right of Way and Easement Sketch for Midamerica Hotels Corp (VMD IV) BILL NO. 14-116 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO MIDAMERICA HOTELS CORPORATION FOR PROPERTY LOCATED ON VETERANS MEMORIAL DRIVE, 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 Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Quit Claim Deed to MidAmerica Hotels Corporation, for property located on Veterans Memorial Drive, in the City of Cape Girardeau, Missouri, more particularly described as follows, to - wit: A PART OF THE NORTHWEST QUARTER AND A PART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 411 at page no. 455, said point being at the intersection of the south right of way line of U.S. Route 61 and the east right of way line of Interstate Route 55; Thence along said south right of way line the following courses and distances: S 58054' 45" E, 512.05 feet; Thence S 28024'37"E, 107.54 feet; Thence S 11007'53" W, 36.33 feet; Thence S 78052'10"E, 55.00 feet to the TRUE POINT OF BEGINNING; Thence leaving said south right of way line, S 32030'47" W, 137.14 feet; Thence S 11007'50" W, 12.31 feet to the point of a curve concave to the northeast, having a radius of 125.00 feet, and a central angle of 46056'00"; Thence in a southerly direction along said curve, 102.39 feet to a point on the south line of a tract of land as recorded in book no. 691 at page no. 299; Thence along the south line of said tract, N 89055'56" E, 84.28 feet to the point of cusp with a curve concave to the northeast, having a radius of 75.00 feet, and a central angle of 87°57'11" and from which point a radial line bears N 13°10'39" E; Thence leaving said south line and along said curve in a northwesterly direction, 115.13 feet; Thence N 11007'50" E, 140.01 feet to the True Point of Beginning, containing 0.21 acres more or less. (8,967 square feet) ARTICLE 2. This ordinance will be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk QUIT CLAIM DEED THIS INDENTURE, made and entered into this day of , 2014, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, 401 Independence Street Cape Girardeau, Missouri 63703, organized and existing under the laws of the State of Missouri with its principal office in the County of Cape Girardeau, State of Missouri, Party of the First Part; and MIDAMERICA HOTELS CORPORATION, a Missouri Corporation, Party of the Second Part. WITNESSETH, that said Party of the First Part in consideration of the sum of One Dollar ($1.00) paid by said Party of the Second Part the receipt of which is hereby acknowledged, does by these presents Remise, Release and forever Quit Cl" unto said Party of the Second Part all of its right title and interest in the following described Lots, Tracts or Parcels of Land, lying being and situate in the County of Cape Girardeau and State of Missouri, to -wit: A PART OF THE NORTHWEST QUARTER AND A PART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 411 at page no. 455, said point being at the intersection of the south right of way line of U.S. Route 61 and the east right of way line of Interstate Route 55; Thence along said south right of way line the following courses and distances: S 58° 54' 45" E, 512.05 feet; Thence S 28° 24' 37" E, 107.54 feet; Thence S 11° 07' 53" W 36.33 feet; Thence S 78° 52' 10" E, 55.00 feet to the TRUE POINT OF BEGINNING; Thence leaving said south right of way line, S 32° 30'47" W 137.14 feet; Thence S 11° 07' 50" W 12.31 feet to the beginning of a curve concave to the northeast having a radius of 125.00 feet and a central angle of 46° 56' 00"; Thence in a southerly direction along said curve, 102.39 feet to a point on the south line of a tract of land as recorded in book no. 691 at page no. 299; Thence along the south line of said tract N 89° 55' 56" E, 84.28 feet to the point of cusp with a curve concave to the northeast having a radius of 75.00 feet and a central angle of 87° 57' 11" and from which point a radial line bears N 13° 10' 39" E; Thence leaving said south line and along said curve in a northwesterly direction, 115.13 feet; Thence N 11° 07' 50" E, 140.01 feet to the True Point of Beginning containing 0.21 acres more or less. (8,967 square feet( TO HAVE AND TO HOLD the same, with all the rights, immunities, privileges and appurtenances thereto belonging unto said Party of the Second Part and its successors and assigns, FOREVER, so that neither said Party of the First part nor its successors and assigns, or any other person or persons for it or in its name or behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises or any part thereof, but it and everyone claiming by it shall, by these presents, be excluded and forever barred. IN WITNESS WHEREOF, the undersigned sets his hand, the date first above written. ATTEST: Gayle L. Conrad City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Harry E. Rediger Mayor STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this day of . 2014, before me personally appeared Harry E. Rediger, who, being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, the date first above written. My Commission Expires: GRAPHIC SCALE -C 0' 200' 400' INSET PLAN NOT TO SCALE / � cR'Y�R<iNF O�oo GS R OU P S `• \ • �s Ro oGNoi 'SEE INS&Y ,,> ,i �OVNO M155OURI VETERAN5 HOME BOOK 452 - PAGE 11 BOOK 611 - PAGE 395 AO STA. 1031+24.11, 284.63 LEFT 155 OB STA. 901+29.79, 275.00 RIGHT U.S. 61 © STA. 906+41.84, 275.00 RIGHT U.S. 61 @ STA. 907+34.50, 329.58 RIGHT U.S. 61 TRACT 5 RIGHT OF WAY & EASEMENT SKETCH FOR MIDAMERICA HOTELS CORPORATION VETERANS MEMORIAL DRIVE PROJECT I / � Bowen owe n 10)0 Wolvetlne Lene, 9uRe J P.O. 2 419 SCALEDRAIN BT RM ®IM® IME f6� J•`4[Xyj'1�/C/TJ/yl{`�l/�_ Capa 011ardeea, MO 09)01 Pmica, MO 6906E Consulting Engineers Land Surveyors CMFCxED BYI CI! LlE YIBYSi EB. IE09 PE 5]9 99B 690E PE 5]3 929 P4EE SCALE, 45 6MOaN LE LfEY MC6 ENGINEERING &SURVEYING Testing Laboratories EERL `ILL' R.. SHEEP N0.1 OF S C110E IILErtO]M1.i1P :1 \S' :1 MIDAMERIGA �• HOTEL5 CORPORATION j BOOK 411 - PAGE 455 ;1 BOOK 691 - PAGE 299 6g 0 m 1035 ° 1p SEE SHEET 2 �yF FOR ADDITIONAL a•/ INFORMATION F/ Z Y TRA 7, f, 7 \\ I \oA0'0o ( INSET PLAN NOT TO SCALE / � cR'Y�R<iNF O�oo GS R OU P S `• \ • �s Ro oGNoi 'SEE INS&Y ,,> ,i �OVNO M155OURI VETERAN5 HOME BOOK 452 - PAGE 11 BOOK 611 - PAGE 395 AO STA. 1031+24.11, 284.63 LEFT 155 OB STA. 901+29.79, 275.00 RIGHT U.S. 61 © STA. 906+41.84, 275.00 RIGHT U.S. 61 @ STA. 907+34.50, 329.58 RIGHT U.S. 61 TRACT 5 RIGHT OF WAY & EASEMENT SKETCH FOR MIDAMERICA HOTELS CORPORATION VETERANS MEMORIAL DRIVE PROJECT I / � Bowen owe n 10)0 Wolvetlne Lene, 9uRe J P.O. 2 419 SCALEDRAIN BT RM ®IM® IME f6� J•`4[Xyj'1�/C/TJ/yl{`�l/�_ Capa 011ardeea, MO 09)01 Pmica, MO 6906E Consulting Engineers Land Surveyors CMFCxED BYI CI! LlE YIBYSi EB. IE09 PE 5]9 99B 690E PE 5]3 929 P4EE SCALE, 45 6MOaN LE LfEY MC6 ENGINEERING &SURVEYING Testing Laboratories EERL `ILL' R.. SHEEP N0.1 OF S C110E IILErtO]M1.i1P L. GRAPHIC SCALE 0' SO' 100' MIDAMERIGA HOTELS CORPORATION BOOK 411 - PAGE 455 BOOK 691 - PAGE 299 66 r, (13 / a / c j u 64 r y 0 M � V n j V 4l P jl v 3 i N p / N N /AfP./ 2 h / Lb v N cv 63 40 TEMPORARY CONSTRUCTION �� 3 ESMT. 2 /2 Ln /P / N / 0 0 62 / US RoU 61 zrW'• •�. TEMPORARY ONSTRUCTION ESMT. 1 TRACT 5C OF CAPE GIRARDEAU NIDAMERICA HOTELS 0.21 ACRES 000, 3 m P � O o N MIDAMERIGA HOTELS CORPORATION BOOK OOK 411 - PA6E 455 p L" BOOK 691 - PAGE 299 i� VI m 14) WIW / p z1: m Z JIM I. JIO SIM �I 15 TRACT 58 0.03 ACRES 6A S / M155OURI VETERANS HOME 0.41 ACRES BOOK 452 - PAGE ll BOOK 677 -PAGE 395 60, ye ` S 6A 1� 6� TRACT 5 RIGHT OF WAY & EASEMENT SKETCH FOR MIDAMERICA HOTELS CORPORATION VETERANS MEMORIAL DRIVE PROJECT D°" "' Consulting Engineers Land Surveyors 1078 OVa,Oxu, MO 89]01 Pmica, O. 69810 0,1 Ined • M0 9636 J P.O. E N G I N E E RING & S U R DV E Y I N G Testing Laboratories CxFO ED OnfCxO ORM EntBowen IS C:`FILE ED D,,..,P h �DS,:�' ILF LfCY DOC9 2 OF 3 LINE DIMENSION TABLE NO. RADIUS BEARING DISTANCE 1 N 00°04'00" 87°57'11" W 20.00' 2 N 30°03'37" 46°56'00" W 48.52' 3 N 25°27'49" 115031'53" E 53.53' 4 S 80°32'27" W 19.66' 5 S 11°06'32" W 11.27' 6 N 78°52'10" W 5.00' 7 S 28°24'37" E 30.95' 8 N 25°27'49" E 19.67' 9 N 64°07'24" E 32.02' 11 S 28°24'37" E 18.01' 12 S 11°07'53" W 36.33' 13 S 78°52'10" E 5.00' 14 N 11°07'50" E 12.31' 15 N 89°55'56" E 17.45' 16 S 28°24'37" E 58.57' 17 S 78°52'10" E 50.00' CURVE DIMENSION TABLE NO. RADIUS DELTA LENGTH TANGENT 1 75.00 87°57'11" 115.13 72.37 2 125.00 46°56'00" 102.39 54.27 3 25.00 115031'53" 50.41 39.65 TRACT 5 RIGHT OF WAY & EASEMENT SKETCH FOR MIDAMERICA HOTELS CORPORATION VETERANS MEMORIAL DRIVE PROJECT Bowen 10]0 WONetlna Lane. 9637 J P.O. Bwt L19 ORLRI BT RM OB IM. EOI LT( Cape O3alOxu, MO 89]01 Pmica, MO 69060 Consulting Engineers Land Surveyors CMFCxED Bn CI! LII YIBYS* ES' 3U09 P3 M 99B 6900 P3 5]9 999 9.00 SCALE, .S SHM ILE LEBY DJCS E N G I N E E R I N G& S U R V E Y I N G Testing Laboratories 3F" PILF' R,. SHEET N0.3 OF C110E TILE rt0iM1.i 1P Staff: Casey Brunke P.E., City Engineer Agenda: 8/4/2014 SUBJECT Ordinance to amend Traffic Schedule C of Section 26-121 of the City Code by amending stop signs at the intersection of Maple Street and Ranney Avenue. EXECUTIVE SUMMARY Ordinance to amend Schedule C of Section 26-121 by amending stop signs at the intersection of Maple Street and Ranney Avenue. Existing traffic control stops vehicle traveling east and west on Maple. The proposed ordinance would "flip" the stop signs, stopping traffic traveling north and south on Ranney. BACKGROUND/DISCUSSION The City received an inquiry to switch the stop signs at the Maple Street/Ranney Drive intersection. Currently, traffic stops when traveling east and west through the intersection. Ranney Avenue continues to the north for one block and then dead ends at Shawnee Parkway/Highway 74. Upon staff review of the intersection, it appears that traffic flow would improve with the stop signs placed on Ranney, instead of Maple. FINANCIAL IMPACT The changing of the traffic schedule will require no direct funding. Public Works personnel will make the signage changes. STAFF RECOMMENDATION Staff Recommends that the City Council amend Schedule C of the Traffic Ordinance as stated in the summary attachment as it relates to the Maple Drive/Ranney Street intersection. ATTACHMENTS: Name: ❑ Maple and Ranney Stop Sign.doc ❑ Maple Ranney Stop Signs.pdf ❑ Ranney Maple Ordinance_Info.doc Description: Maple and Ranney Stop Sign Ord Location Map Maple/Ranney Ordinance Info BILL NO. 14-118 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY AMENDING STOP SIGNS AT THE INTERSECTION OF MAPLE STREET AND RANNEY AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by repealing stop signs in the City of Cape Girardeau, Missouri, at the following location: Maple at Ranney - facing east and west ARTICLE 2. Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing stop signs in the City of Cape Girardeau, Missouri, at the following locations: Ranney at Maple - facing north and south ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. ATTEST: Gayle L. Conrad City Clerk Harry E. Rediger, Mayor 1 City of Cape Girardeau Proposed Amendment to Traffic Schedule C Jl� Green = Existing STOP Signs Red = Proposed STOP Signs N Legend W,I�E Street Centerlines K S u parcel Lines Ranney and Maple Ordinance Info Schedule C — Stop Sims REPEAL MAN -1229 08-03-77 296. Maple at Ranney—facing east and west Schedule C — Stop Signs NEW Ranney at Maple —facing north and south Staff: John Richbourg, Finance Director Agenda: 8/4/2014 SUBJECT Ordinance Setting Property Tax Rates for Fiscal Year Ending June 30, 2015. EXECUTIVE SUMMARY This item provides for the holding of a public hearing and the consideration of an ordinance that would establish the property tax rates for the City of Cape Girardeau for the fiscal year ending June 30, 2015. This public hearing and ordinance are completed each year in accordance with statutory requirements, which have been established for the setting of the property tax rates for local governments. The tax levy rates included in this ordinance represent the current year's tax ceiling rates as calculated pursuant to Article X Section 22 of the Missouri Constitution and Section 137.073 RSMo. The rates per $100 assessed valuation are $.3027 for the General Fund, $.0567 for the Health Fund, and $.6869 for the Downtown Special Business District. BACKGROUND/DISCUSSION In June, the City Council approved an ordinance that adopted the budget for the current fiscal year. The adopted budget contained proposed tax levies, assumed assessed values and collection rates which would meet the requirements of the city and constitutional and statutory requirements for the establishment of a tax rate. The tax levies per $100 valuation proposed by the adopted budget were $.3027 for the General Fund ,$.0567 for the Health Fund and $.6738 for the Downtown Special District. These were the same rates as the previous year's levy. Based on preliminary assessment figures recently received from the County the City can maintain it's tax levies for the General and Health funds as a result of only a .3146% increase in its current year's base assessed value (total assessed values - assessed values on new construction, annexed property, and current year's increased personal property) from its previous year's total beginning assessed value. Since this increase was less than the increase in the CPI as certified by the State Tax Commission, the levy rates can be kept at the same levels as the previous year. However the Downtown Special Business District's levy will be allowed to increase from $.6738 to $.6869 as a result of a 1.9068% decrease in it's base assessed value. The proposed ordinance includes the allowed levy rates. At the this year's allowable levy rate the General Fund is projected to exceed estimated revenues included in this year's adopted budget by approximately $42,500. This results mainly from an addition error included in the projected real estate revenue that was included in the budget. The initial assessed values of real property and personal property increased $9,680,877 (2.02%) and $4,287,699 (3.93%) respectively over the base assessed valuations of the previous year. New construction with assessed values of $7,831,750 accounted for 80.90% of the assessed value growth of real property. FINANCIAL IMPACT A home owner that owns a house worth $200,000 would only pay $136.57 in real estate tax to the City. Residents would pay $11.98 for each $10,000 of personal property that they own. STAFF RECOMMENDATION In order to complete the fiscal requirements of the current budget year, it is recommended that the City Council hold the advertised public hearing and give first reading to the attached ordinance which would implement the tax rates for the current fiscal year. ATTACHMENTS: Name: ❑ TAXLEVY.2014.doc Description: Tax Ordinance BILL NO. 14-119 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; PUBLIC HEALTH TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2015 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby levied for the fiscal year ending on the 30th day of June, 2015, a City revenue tax of Thirty and Twenty-eight One Hundredths Cents ($.3027) on the One Hundred Dollars ($100.00) assessed valuation of all property within the City limits made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 2. There is hereby levied for the fiscal year ending on the 30th day of June, 2015, a public health tax of Five and Sixty-seven One Hundredths Cents ($.0567) on the One Hundred Dollars ($100.00) assessed valuation of all property within the City limits made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 3. There is hereby levied for Special Business District No. 2 of Cape Girardeau, Missouri, for the fiscal year ending on the 30th day of June, 2015, an ad valorem real estate tax of Sixty-seven and Seventy-three One Hundredths Cents ($.6869) on the One Hundred Dollars ($100.00) assessed valuation of all real estate within the Special Business District No. 2 of Cape Girardeau, Missouri, not by general law exempt from taxation. ARTICLE 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. 1 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Gayle L. Conrad, CMC/MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 8/4/2014 SUBJECT An Ordinance updating and readopting Sections 2-76 to 2-83 of the City Code Relating to Conflicts of Interest EXECUTIVE SUMMARY This proposed Ordinance reaffirms and readopts the existing Sections of the Code of Ordinances relating to "Conflicts of Interest". BACKGROUND/DISCUSSION On April 20, 1992, the City Council adopted Ordinance No. 1158 which amended a portion of Chapter 2 of the City Code relating to "Conflicts of Interest'. These amendments were approved in order to bring the City into compliance with the new State statutes relating to Conflicts of Interest. The State statute required us to enact certain provisions in our Code and these were included in Ordinance No. 1158. Section 105.485 of the Revised Statutes of Missouri requires readoption of this Ordinance biennially prior to September 15. These Sections were last updated and readopted by the City Council in August of 2012. STAFF RECOMMENDATION Staff recommends that the City Council give first reading approval to the attached Ordinance Readopting Sections 2-76 to 2-83 of the City Code Relating to Conflicts of Interest. ATTACHMENTS: Name: 0 Ord Conflict Of Inter 2014.doc Description: Conflicts of Interest Ordinance BILL NO. 14-120 ORDINANCE NO. AN ORDINANCE UPDATING AND READOPTING SECTIONS 2-76 TO 2-83 OF THE CITY CODE RELATING TO CONFLICTS OF INTEREST BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. sections 2-76, 2-77, 2-78, 2-79, 2-80, 2-81, 2 82, and 2-83 of the Code of Ordinances of the City of Cape Girardeau, Missouri, are hereby repealed, and new Sections 2-76, 2-77, 2-78, 2-79, 2-80, 2-81, 2-82, and 2-83 are hereby enacted, in words and figures, to read as follows: Sec. 2-76. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adversary proceedings means any proceedings in which a record of the proceedings may be kept and maintained as a public record at the request of either party by a court reporter, notary public or other person authorized to keep such record by law or by any rule or regulation of the agency conducting the hearing; or from which an appeal may be taken directly or indirectly, or any proceeding from the decision of which any party must be granted, on request, a hearing de novo; or any arbitration proceeding; or a proceeding of the personnel review board of the city. Business entity means a corporation, association, firm, partnership, proprietorship, or business entity of any kind or character. Business with which he is associated means any sole proprietorship owned by himself or his spouse, any partnership or joint venture in which he or his spouse is a partner, any corporation in which he is an officer or director or creditor or any trust in which he or his spouse or dependent child is a beneficiary or holder of a reversionary interest of the corpus of the trust. Confidential information means all information whether transmitted orally or in writing which is of such a nature that it is not, at that time, a matter of public record or public knowledge. Dependent child in his custody means all children, stepchildren, foster children and wards under the age of eighteen (18) residing in his household and who receive in excess of fifty (50) percent of their support from him. Public document means a state tax return or a document or other record maintained for public inspection without limitation on the right of access to it and a document filed in a juvenile court proceeding. Substantial interest means ownership by the individual, or his spouse, directly or indirectly, of any business entity or interest, either as an owner or creditor, or the receipt by an individual or his spouse of a salary, gratuity or other compensation or remuneration from any individual, partnership, organization or association or one (1) who has acted as a guarantor or who has executed any credit instrument on behalf of any such individual, partnership, organization or association. Substantial personal or private interest in any measure or bill means any interest in a measure or bill which results from the combined definitions of "business entity" and "substantial interest." Sec. 2-77.Prohibited acts by elected, appointed officials, employees --Generally. (a). No elected or appointed official or employee of the city shall: (1) Act or refrain from acting in any capacity in which he is lawfully empowered to act as such an official or employee by reason of any payment, offer to pay, promise to pay, or receipt of anything of actual pecuniary value other than compensation to be paid by the city. (2) Use confidential information obtained in the course of or by reason of his employment or official capacity in any manner with intent to result in financial gain for himself, his spouse, his dependent child in his custody, or any business with which he is associated. (3) Disclose confidential information obtained in the course of or by reason of his employment or official capacity in any manner with intent to result in financial gain for himself or any other person. (4) With respect to any contract or E transaction which is or may be the subject of an official act or action of the city, without proper legal authorization or official authority, disclose confidential information concerning the property, real estate, personal affairs, or legal affairs of the city to any individual or entities outside of the city council or city staff, or use such information to advance the financial or other private interest of himself or others. (5) Use his bion -making qRuthority for the purpose of obtaining a financial gain which materially enriches himself, his spouse or dependent children by acting or refraining from acting for the purpose of coercing or extorting from another anything of actual pecuniary value. (b) No elected or appointed official or employee of the City shall offer, promote, or advocate for a political appointment in exchange for anything of value to the City, to himself, or to any other person. Sec. 2-78. Same—Executive, administrative capacity. (a) No elected or appointed official or employee of the city, serving in an executive or administrative capacity, shall: (1) Perform any service for the city for receipt or payment of any compensation, other than of the compensation provided for the performance of his official duties, in excess of five hundred dollars ($500.00) per transaction or five thousand dollars ($5,000.00) per annum, except on transactions made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer is the lowest received. (2) Sell, rent or lease any property to the city and receive consideration therefor in excess of five hundred dollars ($500.00) per transaction or five thousand dollars ($5,000.00) per year unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received. (3) Participate in any matter, directly or indirectly, in which he attempts to influence any decision of the city when he knows the result of such decision may be the acceptance of the performance of a service or the sale, rental, or lease of any property 3 to the city for consideration in excess of five hundred dollars ($500.00) value per transaction or five thousand dollars ($5,000.00) value per annum to him, to his spouse, to a dependent child in his custody or to any business with which he is associated unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding; provided that the bid or offer accepted is the lowest received. (4) Perform any services during the time of his office or employment for any consideration from any person, other than the compensation provided for the performance of his official duties, by which service he attempts to influence a decision of the city. (5) Perform any service for consideration, during one (1) year after termination of his office or employment, by which performance he attempts to influence a decision of the city, except that this provision shall not be construed to prohibit any person from performing such service and receiving compensation therefor, in any adversary proceeding or in the preparation or filing of any public document. (6) Perform any service for any consideration for any person after termination of his office or employment in relation to any case, decision, proceeding or application with respect to which he was directly concerned or in which he personally participated during the period of his service or employment. Sec. 2-79.Same—Council members. (a) No member of the city council shall: (1) Perform any service for the city or any agency of the city for any consideration other than the compensation provided for the performance of his official duties. (2) Sell, rent or lease any property to the city for consideration in excess of five hundred dollars ($500.00) per transaction or five thousand dollars ($5,000.00) per annum unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received. (3) Attempt, for any compensation other than the compensation provided for the performance of his V. official duties, to influence the decision of the city on any matter; except that, this provision shall not be construed to prohibit such person from participating for compensation in the preparation or filing of any public document Lr conference thereon. (b) No sole proprietorship, partnership, joint venture or corporation in which any member of the city council is the sole proprietor, partner, coparticipant or owner of in excess of ten (10) percent of the outstanding shares of any class of stock, shall: (1) Perform any service for the city for any consideration in excess of five hundred dollars ($500.00) per transaction or Five Thousand Dollars ($5,000.00) per annum unless the transaction is made pursuant to an award on a contract let after public notice and competitive bidding, provided that the bid or offer accepted is the lowest received. (2) Sell, rent or lease any property to the city where the consideration is in excess of five hundred dollars ($500.00) per transaction or Five Thousand Dollars ($5,000.00) per annum unless the transaction is made pursuant to an award on a contract let or a sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received. Sec. 2-80.Exceptions to this article. (a) No provision of this article shall be construed to prohibit any person from performing any ministerial act or any act required by order of a court or by law to be performed. (b) No provision of this article shall be construed to prohibit any person from communicating with the city attorney concerning any prospective claim or complaint then under consideration not otherwise prohibited by law. (c) No provision of this article shall be construed to prohibit any person from receiving compensation for property taken by the city under the power of eminent domain in accordance with the provisions of the constitution and the laws of the state. Sec. 2-81.Procedure to disclose potential conflicts of interest and substantial interests. 5 (a) Declaration of policy. The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the city. (b) Conflicts of interest. The mayor or any member of the city council who has a substantial personal or private interest as defined by this chapter in any matter before the council shall disclose on the minutes of the city council the nature of that interest and shall be disqualified from voting on, discussing with the council, or talking to staff on any matters relating to this interest. (c) Disclosure reports. Each elected official, the city manager, the chief purchasing officer and the city attorney (if employed full-time) shall disclose the following information by May first if any such transactions were engaged in during the previous calendar year: (1) For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision; and (2) The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial personal or financial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision. (3) The city manager officer and the chief purchasing officer also shall disclose by May first for R the previous calendar year the following information: a. The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement; b. The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or coparticipant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the secretary of state; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten (10) percent or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two (2) percent or more of any class of outstanding stock, limited partnership units or other equity interests; C. The name and address of each corporation for which such person served in the capacity of a director, officer or receiver. (4) In addition to all of the other information required to be disclosed by the provisions of this chapter, the mayor and each member of the city council shall report the following information for themselves, their spouses and each of their dependent children. This additional information shall be included with the other material included with the financial interest statements required to be filed by this chapter and shall be filed according to the same schedules and deadlines for such other reports: a. Any sole proprietorship owned, general partnerships or joint ventures, in which they are a partner or coparticipant; and closely held corporations or limited partnerships where they own any outstanding stock or financial interest. b. Any City of Cape Girardeau licenses held personally or by any of the entities included in section 2-81(c)(1). C. Address and description of any real estate owned in Cape Girardeau or Scott County. 7 d. Any corporation where they serve as director. officer or receiver. Copies of these reports shall be kept at the city clerk's office and shall be available to the public for inspection during regular office hours of the city clerk. (d) Filing of reports. The reports in the attached format (Exhibit A), shall be filed in duplicate with the city clerk and with the secretary of state prior to January 1, 1993, and thereafter with the ethics commission. The reports shall be available for public inspection and copying during normal business hours. (e) When filed. The financial interest statements shall be filed at the following times, but no person is required to file more than one (1) financial interest statement in any calendar year; (1) Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment; (2) Every other person required to file a financial interest statement shall file the statement annually not later than May first and the statement shall cover the calendar year ending the immediately preceding December 31; provided that any member of the city council may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement. Sec. 2-82.Distribution of conflict of interest ordinance. The city clerk shall cause a copy of this chapter to be distributed to every public officer and employee of the city. Each public officer and employee elected, appointed or engaged thereafter shall be furnished a copy before entering upon the duties of his office or employment. Sec. 2-83.Procedures--Penalties. If any elected official violates any provision of sections 2-76 through 2-82, inclusive, whether willfully or unintentionally, that official is subject to the procedures and penalties set out in this section. 0 (1) By a motion of a city council meeting, any council member may request a public hearing with respect to a violation of any provision of sections 2- 76 through 2-82, inclusive, by any elected official. Such motion shall include details as to the identity of the elected official in question and the facts and circumstances supporting the movant's allegation of such violation. (2) If such motion is adopted by the council, a public hearing into the matter shall be held within thirty (30) days. At such public hearing, the movant shall first present all particulars relating to the alleged violation and the accused elected official shall then be afforded the opportunity to rebut the charges. (3) If the council determines that such violation has occurred, the council may, by resolution, censure the official. Such finding of the council may also be the basis for a proceeding for forfeiture of office or impeachment of such elected official. Secs. 2-84--2-95. Reserved. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. ATTEST: 7 Harry E. Rediger, Mayor Gayle L. Conrad City Clerk 10 Staff: Bruce W. Loy, Airport Manager Agenda: 8/4/2014 SUBJECT A State Block Grant Agreement with the Missouri Highways and Transportation Commission to fund the construction and construction services to restripe the airfield pavements at the Cape Girardeau Regional Airport, in the City of Cape Girardeau, Missouri, Project No. 14-077A-1. EXECUTIVE SUMMARY The funding from this block grant agreement is to be used to fund 90% of the construction and construction services to restripe the airfield pavements at the Cape Girardeau Regional Airport. More specifically, these funds will be used to restripe all of the centerline stripes and the hold bars at the Cape Girardeau Regional Airport. The grant funds total $110,555 with the City required to match 10%, or $12,284, making the total project cost $122,839. BACKGROUND/DISCUSSION The Cape Girardeau Regional Airport last painted the entire airfield in 2009 as a part of our East Ramp Renovation Project, funded by American Recovery and Reinvestment Act. As such, some of our airfield markings are in need of removal and repainting. In a recent FAR Part 139 Inspection by the Federal Aviation Administration (FAA), the inspector particularly noted our yellow and black markings associated with the taxiway centerlines and hold bar markings as a discrepancy. As a result, the FAA is mandating we remove and repaint these markings. Understanding this, the airport contracted with Crawford, Murphy, and Tilley, Inc. (CMT) for the design and construction phase services to submit and a public bid package to remove and repaint all of our centerline and hold markings at the airport. Gilmore Construction was the low bidder and was recently approved by the City Council. As such, the Missouri Highways and Transportation Commission (MoDOT) has submitted the attached State Block Agreement, in the amount of $110,555 to fund 90% of the construction and construction services to restripe the airfield pavements at the Cape Girardeau Regional Airport. The local 10% City match to this grant is $12,284, for atotal project cost of $122,839. FINANCIAL IMPACT The breakdown for the total airport restriping project costs is as follows: Expenses CMT Design Phase: $ 19,040 CMT Construction Phase $ 11,072 Gilmore Construction 92,727 Total Projected Cost $122,839 Funding MoDOT 90% $110,555 City of Cape 10% $ 12,284 Total Projected Funds $122,839 STAFF RECOMMENDATION It is recommended that City Council approve an ordinance allowing the City Manager to execute the attached Block Grant Agreement with the Missouri Highways and Transportation Commission, in the amount of $110,555, to fund the construction and construction services to restripe the airfield pavements at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: Description: ❑ MODOT_Block _Grant _Amendment - Restripe.doc MODOT Restripe Ordinance ❑ State Block Grant Agmt 14-077A-1 Cape Striping Pro act (3).doc State Block Grant Agreement 14-077A-1 BILL NO. 14-122 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A STATE BLOCK GRANT AGREEMENT AMENDMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TO FUND THE CONSTRUCTION AND CONSTRUCTION SERVICES TO RESTRIPE THE AIRFIELD PAVEMENTS 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 and directed to execute, on behalf of the City, State Block Grant Agreement Amendment between the City of Cape Girardeau and the Missouri Highways and Transportation Commission to fund construction and construction services to restripe the airfield pavements at the Cape Girardeau Regional Airport, Project Number 14-077A-1, and the City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers 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 , 2014. Harry E. Rediger, Mayor (SEAL) ATTEST: Gayle L. Conrad, City Clerk CCO FORM: AC10 Approved: 03/91 (KR) Revised: 03/13 (MWH) Modified: CFDA Number: CFDA #20.106 Sponsor: City of Cape Girardeau Project No: 14-077A-1 Airport Name:Cape Girardeau Regional CFDA Title: Airport Improvement Program Federal Agency: Federal Aviation Administration, Department of Transportation STATE BLOCK GRANT AGREEMENT SECTION I - TITLE, AUTHORIZATION, PROJECT DESCRIPTION --State Block Grant Agreement --Federal Authorization - Airport and Airway Improvement Act of 1982 (as amended) --Project Description - Planning, Land/Easement Appraisals and Acquisitions, Surveying, Engineering Design, Construction SECTION II - STANDARD AGREEMENT ITEMS 1. PURPOSE 2. PROJECT TIME PERIOD 3. TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY 4. AMOUNT OF GRANT 5. AMOUNT OF MATCHING FUNDS 6. ALLOWABLE COSTS 7. WITHDRAWAL OF GRANT OFFER 8. EXPIRATION OF GRANT OFFER 9. FEDERAL SHARE OF COSTS 10. RECOVERY OF FEDERAL FUNDS 11. PAYMENT 12. ADMINISTRATIVE/AUDIT REQUIREMENTS 13. APPENDIX 14. ASSURANCES/COMPLIANCE 15. LEASES/AGREEMENTS 16. NONDISCRIMINATION ASSURANCE 17. CANCELLATION 18. VENUE 19. LAW OF MISSOURI TO GOVERN 20. WORK PRODUCT 21. CONFIDENTIALITY 22. NONSOLICITATION 23. DISPUTES 24. INDEMNIFICATION 25. HOLD HARMLESS 26. NOTIFICATION OF CHANGE 27. DURATION OF GRANT OBLIGATIONS 28. AMENDMENTS 29. PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS 30. ASSIGNMENT 31. BANKRUPTCY 32. COMMISSION REPRESENTATIVE 33. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 34. SPECIAL CONDITIONS - 1 - 69x09to] ►1110a\G1►101110110 35. AIRPORT LAYOUT PLAN 36. AIRPORT PROPERTY MAP 37. ENVIRONMENTAL IMPACT EVALUATION 38. EXHIBIT "A" PROPERTY MAP 39. SECTION IV - LAND/EASEMENT APPRAISALS AND ACQUISITIONS 39. RUNWAY PROTECTION ZONE SECTION V - DESIGN 40. ENGINEER'S DESIGN REPORT 41. GEOMETRIC DESIGN CRITERIA 42. PLANS. SPECIFICATION AND ESTIMATES SECTION VI - CONSTRUCTION 43. CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS 44. CONSTRUCTION PROGRESS AND INSPECTION REPORTS 45. WAGE LAWS 46. COMPETITIVE SELECTION OF CONTRACTOR 47. REVIEW OF BIDS AND CONTRACT AWARD 48. NOTICE TO PROCEED 49. DISADVANTAGED BUSINESS ENTERPRISES - CONSTRUCTION 50. LABOR STANDARDS INTERVIEWS 51. AIR AND WATER QUALITY STANDARDS 52. FILING NOTICE OF LANDING AREA PROPOSAL 53. FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION 54. CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS 55. RESPONSIBILITY FOR PROJECT SAFETY 56. RECORD DRAWINGS E,9x��[�7►D/IQe7:7a►rrGCKN�i7G1►Nlq --Signature by sponsor constitutes acceptance of grant terms and conditions. Failure to comply with grant requirements will jeopardize funding eligibility. --Certificate of sponsor's attorney -2- Sponsor: City of Cape Girardeau Project No. 14-077A-1 Airport Name Cape Girardeau Regional CFDA Number: CFDA #20.106 CFDA Title: Airport Improvement Program Federal Agency: Federal Aviation Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION STATE BLOCK GRANT AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "Sponsor"). Reference will also be made to the Federal Aviation Administration (hereinafter, "FAA") and the Federal Airport Improvement Program (hereinafter, "AIP"). WITNESSETH: WHEREAS, Section 116 of the federal Airport and Airway Safety and Capacity Expansion Act of 1987 amended the previous Act of 1982 by adding new section 534 entitled "State Block Grant Pilot Program", (Title 49 United States Code Section 47128); and WHEREAS, the Federal Aviation Reauthorization Act of 1996 declared the State Block Grant Program to be permanent; and WHEREAS, the Commission has been selected by the FAA to administer state block grant federal funds under said program; and WHEREAS, the Sponsor has applied to the Commission for a sub grant under said program; and WHEREAS, the Commission has agreed to award funds to the Sponsor with the understanding that such funds will be used for a project pursuant to this Agreement for the purposes generally described as follows: Restripe airfield pavements; NOW, THEREFORE, in consideration of these mutual covenants, promises and representations, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to provide financial assistance to the Sponsor under the State Block Grant Program. (2) PROJECT TIME PERIOD: The project period shall be from the date of execution by the Commission to November 30, 2014. The Commission's chief engineer may, for good cause as shown by the Sponsor in writing, extend the project time period. (3) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: The Sponsor shall provide satisfactory evidence of title to all existing airport property and avigation easements and address any and all encumbrances. Satisfactory evidence will consist -3- of the Sponsor's execution of a Certificate of Title form provided by the Commission. (4) AMOUNT OF GRANT: The initial amount of this grant is not to exceed One Hundred Ten Thousand Five Hundred Fifty -Five ($110,555) for eligible preliminary project costs and/or land/easement acquisition. A grant amendment to cover the balance of eligible project costs will be provided after construction bids are received. (A) The amount of this grant stated above represents ninety percent (90%) of eligible project costs. (B) 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. (5) AMOUNT OF MATCHING FUNDS: The initial amount of local matching funds to be furnished by the Sponsor is not to exceed Twelve Thousand Two Hundred Eighty -Four ($12,284). (A) The amount of matching funds stated above represents ten percent (10%) of eligible project costs. (B) The Sponsor warrants to the Commission that it has sufficient cash on deposit to provide the local matching funds identified above, as well as to cover one hundred percent (100%) of any ineligible items included in the scope of work. (6) ALLOWABLE COSTS: Block grant funds shall not be used for any costs that are ineligible as defined in the Airport and Airway Improvement Act of 1982 (as amended) and in Title 49, Code of Federal Regulations (hereinafter, "CFR"), Part 18. (7) 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. (8) EXPIRATION OF GRANT OFFER: This grant offer shall expire and the Commission shall not be obligated to pay any part of the costs of the project unless this grant Agreement has been executed by the Sponsor on or before September 15, 2014 or such subsequent date as may be prescribed in writing by the Commission. (9) FEDERAL SHARE OF COSTS: Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary of the United States Department of Transportation (hereinafter, "USDOT") shall practice. Final determination of the United States' share will be based upon the audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the federal share of costs. (10) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps, -4- including litigation if necessary, to recover federal funds spent fraudulently, wastefully, in violation of federal antitrust statutes, or misused in any other manner for any project upon which federal funds have been expended. For the purpose of this grant Agreement, the term "federal funds" means funds used or disbursed by the Sponsor that were originally paid pursuant to this or any other federal grant Agreement. The Sponsor shall return the recovered federal share, including funds recovered by settlement, in order or judgment, to the Commission. It shall furnish to the Commission, upon request, all documents and records pertaining to the determination of the amount of the federal share or to any settlement, litigation, negotiation, or other effort taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such federal share shall be approved in advance by the Commission. (11) PAYMENT: Payments to the Sponsor are made on an advance basis. The Sponsor may request incremental payments during the course of the project or a lump sum payment upon completion of the work. However, this advance payment is subject to the limitations imposed by paragraph 11(B) 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 federal (block grant) obligation stated in this Agreement or eighty-six percent (86%) 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. The final ten percent (10%) of the maximum federal (block grant) obligation stated in this Agreement shall not be paid to the Sponsor until the Commission has received and approved all final closeout documentation for the project. (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, with the exception of the final audit report. This report shall be provided when the Sponsor's normal annual audit is completed. (D) When force account or donations are used, the costs for land, engineering, administration, in-kind labor, equipment and materials, etc., may be submitted in letter form with a breakdown of the number of hours and the hourly charges for labor and equipment. Quantities of materials used and unit costs must also be included. All force account activity, donations, etc., must be pre -approved by the Commission to ensure eligibility for funding. (12) ADMINISTRATIVE/AUDIT REQUIREMENTS: This grant shall be governed by the administrative and audit requirements as prescribed in Title 49 CFR Parts 18 and 90, respectively. -5- (A) If the Sponsor expends five hundred thousand dollars ($500,000) or more in a year in federal financial assistance, it is required to have an independent annual audit conducted in accordance with Office of Management and Budget (hereinafter, "OMB") Circular A-133. A copy of the audit report shall be submitted to the Missouri Department of Transportation (hereinafter, "MoDOT") within the earlier of thirty (30) days after receipt of the auditor's report or nine (9) months after the end of the audit period. Subject to the requirements of OMB Circular A-133, if the Sponsor expends less than five hundred thousand dollars ($500,000) in a year, the Sponsor may be exempt from auditing requirements for that year, but records must be available for review or audit by applicable state and federal authorities. (B) When the Sponsor's normal annual audit is completed, the Sponsor shall provide to the Commission a copy of an audit report that includes the disposition of all federal funds involved in this project. (C) In the event a final audit has not been performed prior to the closing of the grant, the Commission retains the right to recover any appropriate amount of funding after fully considering interest accrued or recommendations on disallowed costs identified during the final audit. (D) The Commission reserves the right to conduct its own audit of the Sponsor's records to confirm compliance with grant requirements and to ensure that all costs and fees are appropriate and acceptable. (13) APPENDIX: An appendix to this Agreement is attached. The appendix consists of standards, forms and guidelines that the Sponsor shall use to accomplish the requirements of this Agreement. The appendix items are hereby provided to the Sponsor and incorporated into and made part of this Agreement. (14) ASSURANCES/COMPLIANCE: The Sponsor shall adhere to the FAA standard airport Sponsor assurances, current FAA advisory circulars (hereinafter, "ACs") for AIP projects and/or the Commission's specifications, including but not limited to those as outlined in attached Exhibit 1. These assurances, ACs and the Commission's specifications are hereby incorporated into and made part of this Agreement. The Sponsor shall review the assurances, ACs, Commission's specifications and FAA Order 5190.613 entitled "FAA Airport Compliance Manual" dated September 30, 2009, included in the grant appendix, and notify the Commission of any areas of non-compliance within its existing facility and/or operations. All non- compliance situations must be addressed and a plan to remedy areas of non- compliance must be established before final acceptance of this project and before final payment is made to the Sponsor. (15) LEASES/AGREEMENTS: The Sponsor shall incorporate the FAA Standard Airport Lease/Agreement provisions into all leases/agreements for use of airport property other than the public use areas. In addition to these provisions, these leases/agreements must provide for fair market value income and prohibit exclusive rights. (A) Long term commitments (longer than 5 years) must provide for renegotiation of the leases'/agreements' terms and payments at least every five (5) years. (B) Leases/agreements shall not contain provisions that adversely affect the Sponsor's possession and control of the airport or interfere with the Sponsor's ability to comply with the obligations and covenants set forth in this grant Agreement. (16) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the Sponsor agrees as follows: (A) Civil Rights Statutes: The Sponsor 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. In addition, if the Sponsor 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 Sponsor shall comply with the administrative rules of the USDOT relative to nondiscrimination in federally -assisted programs of the USDOT (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The Sponsor 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 Sponsor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 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 Sponsor. These apply to all solicitations either by competitive bidding or negotiation made by the Sponsor for work to be performed under a subcontract, including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the Sponsor 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 Sponsor 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 USDOT to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the Sponsor is in the exclusive possession of another who fails or refuses to furnish this information, the Sponsor shall so certify to the Commission or the USDOT as appropriate and shall set forth what efforts it has made to obtain the information. -7- (F) Sanctions for Noncompliance: In the event the Sponsor fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the Sponsor complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The Sponsor shall include the provisions of Paragraph (16) 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 USDOT. The Sponsor will take such action with respect to any subcontract or procurement as the Commission or the USDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the Sponsor becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Sponsor may request the United States to enter into such litigation to protect the interests of the United States. (17) CANCELLATION: The Commission may cancel this Agreement at any time the Sponsor breaches the contractual obligations by providing the Sponsor with written notice of cancellation. Should the Commission exercise its right to cancel the Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Sponsor. (A) Upon written notice to the Sponsor, the Commission reserves the right to suspend or terminate all or part of the grant when the Sponsor is, or has been, in violation of the terms of this Agreement. Any lack of progress that 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. Once such determination is made, the Commission shall so notify the Sponsor in writing. Termination of any part of the grant will not invalidate obligations properly incurred by the Sponsor prior to the date of termination. (B) The Commission shall have the right to suspend funding of the project at any time and for so long as the Sponsor fails to substantially comply with all the material terms and conditions of this Agreement. If the Commission determines that substantial noncompliance cannot be cured within thirty (30) days, then the Commission may terminate the funding for the project. If the Sponsor fails to perform its obligations in substantial accordance with the Agreement (except if the project has been terminated for the convenience of the parties) and the FAA requires the Commission to repay grant funds that have already been expended by the Sponsor, then the Sponsor shall repay the Commission such federal funds. IMI (18) 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. (19) 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. (20) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the Sponsor at the direction of the Commission shall remain the property of the Sponsor. However, Sponsor shall provide to the Commission a copy of magnetic discs that contain computer aided design and drafting (CADD) drawings and other documents generated under this grant. Information supplied by the Commission shall remain the property of the Commission. The Sponsor shall also supply to the Commission hard copies of any working documents such as reports, plans, specifications, etc., as requested by the Commission. (21) CONFIDENTIALITY: The Sponsor shall not disclose to third parties confidential factual matter 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. (22) 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. (23) DISPUTES: Any disputes that arise under this Agreement shall be decided by the Commission or its representative. (24) INDEMNIFICATION: (A) To the extent allowed or imposed by law, 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. (B) The Sponsor 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 M 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 Missouri Department of Transportation and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant and $3,000,000 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. (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. (25) HOLD HARMLESS: The Sponsor shall hold the Commission harmless from any and all claims for liens of labor, services or materials furnished to the Sponsor in connection with the performance of its obligations under this Agreement. Certification statements from construction contractors must be provided to ensure all workers, material suppliers, etc., have been paid. (26) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the Commission of any changes in conditions or law which may significantly affect its ability to perform the project in accordance with the provisions of this Agreement. Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail postage prepaid, or upon receipt by personal, facsimile or electronic mail (email) delivery, addressed as follows: Commission: Amy Ludwig Administrator of Aviation Missouri Department of Transportation P.O. Box 270 Jefferson City, MO 65102 (573) 526-7912 (573) 526-4709 FAX email: Amy.Ludwig@modot.mo.gov Sponsor: Bruce Loy City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63702 (573) 335-6230 (573) 334-0499 FAX Email: bloy@cityofcapegirardeau.org or to such other place as the parties may designate in accordance with this Agreement. -10- To be valid, facsimile or email delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of the facsimile or email transmission of the document. (27) DURATION OF GRANT OBLIGATIONS: Grant obligations are effective for the useful life of any facilities/equipment installed with grant funds as stipulated in attached Exhibit 1, but in any event not to exceed twenty (20) years. There shall be no limit on the duration of the assurance, referenced in paragraph B of said Exhibit 1 against exclusive rights or terms, conditions and assurances, referenced in paragraph B-1 of said Exhibit 1, with respect to real property acquired with federal funds. Paragraph (27) equally applies to a private sponsor. However, in the case of a private sponsor, the useful life for improvements shall not be less than ten (10) years. (A) The financial assistance provided hereunder constitutes a grant to the Sponsor. Neither the Commission nor the FAA will have title to the improvements covered by this grant, as title to same shall vest in the Sponsor. (B) For the period as specified in this Paragraph, the Sponsor becomes obligated, upon any sale or disposition of the airport or discontinuation of operation of the airport to immediately repay, in full, the grant proceeds or proportionate amount thereof based upon the number of years remaining in the original obligation to the Commission. The Commission and the Sponsor hereby agree that during said period, the property and improvements which constitute the subject airport are subject to sale, if necessary, for the recovery of the federal pro rata share of improvement costs should this Agreement be terminated by a breach of contract on the part of the Sponsor or should the aforementioned obligations not be met. (C) In this Section, the term "any sale or disposition of the airport" shall mean any sale or disposition of the airport: (i) for a use inconsistent with the purpose for which the Commission's share was originally granted pursuant to this Agreement; or (ii) for a use consistent with such purposes wherein the transferee in the sale or disposition does not enter into an assignment and assumption Agreement with the Sponsor with respect to the Sponsor's obligation under the instrument so that the transferee becomes obligated there under as if the transferee had been the original owner thereof. (28) 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 representative of the Sponsor and the Commission. (29) PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS: Contracts for professional services are to be procured by competitive proposals per federal procurement requirements (Title 49 CFR, Section 18.36). Requests for proposals/qualifications are to be publicly announced for services expected to cost more than one hundred thousand dollars ($100,000) in the aggregate. Small purchase procedures (telephone solicitations or direct mail) may be used for services costing one hundred thousand dollars ($100,000) or less. All professional services contracts are subject to review and acceptance by the Commission prior to execution by the Sponsor to ensure funding eligibility. - 11 - (30) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (31) 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. (32) 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. (33) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006: The Sponsor 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 CFR Part 170. (34) SPECIAL CONDITIONS: The following special conditions are hereby made part of this Agreement: (A) Lobbying and Influencing Federal Employees: All contracts awarded by the Sponsor shall include the requirement for the recipient to execute the form entitled "CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS" included in the grant appendix. This requirement affects grants or portions of a grant exceeding one hundred thousand dollars ($100,000). (B) Buy America Requirements: Unless otherwise approved by the Commission and the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any iron, steel or manufactured products produced outside of the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. (C) Safety Inspection: The Sponsor shall eliminate all deficiencies identified in its most recent annual safety inspection report (FAA Airport Master Record Form 5010-1). If immediate elimination is not feasible, as determined by the Commission, the Sponsor shall provide a satisfactory plan to eliminate the deficiencies and shall include this plan with phased development as outlined in a current and approved airport layout plan. (D) Navigational Aids: Except for instrument landing systems acquired with the AIP (block grant) funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP (block grant) program during the useful life of the equipment. -12- The Sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under Federal Aviation Regulation Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The FAA will not take over the ownership, operation, or maintenance of any Sponsor -acquired equipment, except for instrument landing systems. (E) Environmental Due Diligence Audit: The Sponsor shall conduct an Environmental Due Diligence Audit (EDDA) of all NAVAID (electronic navigational equipment) sites that will be established or relocated with federal (block grant) funds. This audit shall include existing equipment currently owned and operated by the FAA Airways Facilities Branch and new equipment for which the Sponsor will be requesting FAA maintenance. (F) Notice to Bidders - Required Language: The Sponsor shall include the following special provision when advertising for bids: "Notice to all potential bidders on federally funded airport construction projects: As mandated by Executive Order 12818, issued by President George Bush on October 23, 1992, a Job Special Provision will be inserted into and made a part of every contract for federally funded airport construction projects, awarded from this or future notices of lettings." (G) Airport Job Special Provision - Required Language: The Sponsor shall include the following special provisions in contracts for federally funded airport construction projects. "By entering into this contract, the Contractor agrees to comply with all applicable terms of Executive Order 12818, issued by President George Bush on October 23, 1992, prohibiting certain contractual requirements, and prohibiting discrimination against certain persons or entities on the basis of whether or not labor organization Agreements or affiliations exist. The Contractor further agrees to include within its contracts and subcontracts governing this work, a provision that requires those contractors or subcontractors to comply with Executive Order 12818 (except as may be exempted by the terms of the executive order itself). The contractor understands, and agrees to inform its own contractors and subcontractors, that failure to comply with Executive Order 12818 will subject them to disciplinary action as appropriate, including, but not limited to, debarment, suspension, termination of the contract for default, or the withholding of payments. The Contractor also understands that the Sponsor has not adopted any policies or contractual provisions which violate Executive Order 12818." (H) Grant Made on Preliminary Plans and Specifications and/or Estimates: This grant is made and accepted upon the basis of preliminary plans, specifications and/or estimates. Within 90 calendar days from the date of acceptance of this grant, the Sponsor shall furnish final plans and specifications to the Commission. Construction work shall not commence, and a contract shall not be awarded for the accomplishment of such work, until the final plans and specifications have been accepted by the Commission. Any reference made in this grant to plans and specifications shall be considered a reference to the final plans and specifications as -13- accepted. Since this grant is made on preliminary plans and specifications and/or estimates, the grant amount is subject to revision (increase or decrease) after actual project costs are determined through negotiations, appraisals and/or bids. The Sponsor agrees that said revision will be at the sole discretion of the Commission. (1) Sponsor's Disadvantaged Business Enterprise (DBE) Program: When the grant amount exceeds two hundred fifty thousand dollars ($250,000), the Sponsor hereby adopts the Commission's Disadvantaged Business Enterprise (hereinafter, "DBE") program that is incorporated into this grant agreement by reference. Only DBE firms certified by the Commission will qualify when considering DBE goal accomplishments. (J) Disadvantaged Business Enterprise Required Statements: (1) Policy: It is the policy of the USDOT that DBEs, as defined in 49 CFR Part 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. (2) Contract Assurance: The Commission and the Sponsor will ensure that the following clause is placed in every USDOT-assisted contract and subcontract: "The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out the applicable requirements of Title 49 Code of Federal Regulations, Part 26 in the award and administration of any United States Department of Transportation -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." (This assurance shall be included in each subcontract the prime contractor signs with a subcontractor.) (3) Federal Financial Assistance Agreement Assurance: The Commission and the Sponsor agree to and incorporate the following assurance into their day-to-day operations and into the administration of all USDOT-assisted contracts; where "recipient" means MoDOT and/or any MoDOT grantee receiving USDOT assistance: "MoDOT and the Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any United States Department of Transportation -assisted contract or in the administration of the United States Department of Transportation's DBE Program or the requirements of Title 49 Code of Federal Regulations, Part -14- 26. The recipient shall take all necessary and reasonable steps under Title 49 Code of Federal Regulations, Part 26 to ensure nondiscrimination in the award and administration of United States Department of Transportation -assisted contracts. The recipient's DBE Program, as required by Title 49 Code of Federal Regulations, Part 26 and as approved by the United States Department of Transportation, is incorporated by reference into this agreement. Implementation of this program is a legal obligation and for failure to carry out its approved program, the United States Department of Transportation may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under Title 18 United States Code, Section 1001 and/or the Program Fraud Civil Remedies Act of 1986 (Title 31 United States Code, Section 3801 etseq.)." The Commission and the Sponsor shall ensure that all recipients of USDOT-assisted contracts, funds, or grants incorporate, agree to and comply with the assurance statement. (4) Prompt Payment: The Commission and the Sponsor shall 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. All contractors and subcontractors must retain records of all payments made or received for three (3) years from the date of final payment, and these records must be available for inspection upon request by any authorized representative of the Commission, the Sponsor or the USDOT. The Commission and the Sponsor will maintain records of actual payments to DBE firms for work committed to at the time of the contract award. The Commission and the Sponsor will perform audits of contract payments to DBE firms. The audits will review payments to subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation and that payment was made in compliance with section 34.057 RSMo. (5) MoDOT DBE Program Regulations: The Sponsor, contractor and each subcontractor are bound by MoDOT's DBE Program regulations, located at Title 7 Code of State Regulations, Division 10, Chapter 8. (K) DISADVANTAGED BUSINESS ENTERPRISES - PROFESSIONAL SERVICES: DBEs that provide professional services, such as architectural, engineering, surveying, real estate appraisals, accounting, legal, etc., will be afforded full and affirmative opportunity to submit qualification statements/proposals and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for selection for this project. The DBE goals for professional services will -15- be determined by the Commission at the time each proposed service contract is submitted for the Commission's approval. (35) AIRPORT LAYOUT PLAN: All improvements must be consistent with a current and approved Airport Layout Plan (hereinafter, "ALP"). The Sponsor shall update and keep the ALP drawings and corresponding narrative report current with regard to the FAA Standards and physical or operational changes at the airport. (A) ALP approval shall be governed by FAA Order 5100.38B, entitled "Airport Improvement Program Handbook." (36) AIRPORT PROPERTY MAP: The Sponsor shall develop (or update), as a part of the ALP, a drawing which indicates how various tracts/parcels of land within the airport's boundaries were acquired (i.e., federal funds, surplus property, local funds only, etc.). Easement interests in areas outside the fee property line shall also be included. A screened reproducible of the Airport Layout Drawing may be used as the base for the property map. (37) ENVIRONMENTAL IMPACT EVALUATION: The Sponsor shall evaluate the potential environmental impact of this project per FAA Order 5050.413, entitled "National Environmental Policy Act Implementing Instructions for Airport Actions." Evaluation must include coordination with all resource agencies that have jurisdiction over areas of potential environmental impact and a recommended finding such as categorical exclusion, no significant impact, level of impact and proposed mitigation, etc. (38) EXHIBIT "A" PROPERTY MAP: The Sponsor shall develop (or update) an Exhibit "A" Property Map, which clearly shows by appropriate legal description all airport land owned by the Sponsor, including land and interests in land in the runway approach areas, plus any areas or tracts/parcels of land proposed to be acquired in connection with this project. In addition, the map must indicate by appropriate symbols or other markings the property interest (fee title, avigation easement, etc.) the Sponsor holds in each tract/parcel of airport land and the property interest to be acquired in each tract/parcel of land in connection with this project. (39) RUNWAY PROTECTION ZONE: The Sponsor agrees to prevent the erection or creation of any obstruction, residence, structure or place of public assembly in the Runway Protection Zone, as depicted on the Exhibit "A" Property Map and the approved ALP, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the Commission and the FAA. Any existing obstructions, structures, facilities or uses, including use of equipment that could interfere with electronic guidance or communication systems for aircraft, within the Runway Protection Zone shall be cleared or discontinued unless approved by the Commission and the FAA. The Sponsor shall also take any and all steps necessary by fee ownership or avigation easement to ensure that the land within the designated Runway Protection Zone will not include anything that violates FAA standards, is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums, golf courses or any other uses restricted by FAA standards. -16- (40) 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 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. (41) 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 FAA and the Commission concur that such adaptation is appropriate considering safety, economy and efficiency of operation. (42) 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. (43) CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS: In conjunction with submittal of the construction bid tabulation, the Sponsor shall provide a construction observation/inspection program setting forth a format for accomplishment of resident observation, construction inspection and overall quality assurance. (44) 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. 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 on the FAA Form 5370-1 ("Construction Project and Inspection Report"), 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. (45) WAGE LAWS: The Sponsor and its contractors and subcontractors shall -17- pay the prevailing hourly rate of wages for each craft or type of worker required to execute 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 and the United States. Federal wage rates under the Davis - Bacon or other federal acts apply to and govern this Agreement also for such work which is performed at the jobsite, in accord with 29 CFR Part 5. Thus, this Agreement is subject to the "Contract Work Hours and Safety Standards Act", as amended (40 U.S.C. Sections 327, et seq.), and its implementing regulations. The Sponsor shall take the acts which may be required to fully inform itself of the terms of, and to comply with, state and federal laws. (46) COMPETITIVE SELECTION OF CONTRACTOR: Construction that is to be accomplished by contract is to be competitively bid in accordance with federal procurement requirements, located at 49 CFR Part 18. Bid notices should be published in a qualified (local or area) newspaper or other advertisement publication located in the same county as the airport project as a minimum. (47) 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. (48) 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) Notice to proceed shall not be issued until the Sponsor has provided satisfactory evidence of acceptable title to the land on which construction is to be performed. Ownership status of existing airport property as well as any land or easements acquired under this project must be included in a Certificate of Title tied to a current Exhibit "A" property map. (B) The Sponsor shall issue a notice to the contractor within ten (10) days of authorization by the Commission, unless otherwise approved by the Commission. (C) Any construction work performed prior to the Sponsor's issuance of a Notice to Proceed shall not be eligible for funding participation. (49) DISADVANTAGED BUSINESS ENTERPRISES - CONSTRUCTION: The Sponsor shall notify prospective bidders that DBEs will 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. (A) The goal for this project to be awarded to DBE firms shall be established by the Commission based on the engineer's construction cost estimate included in the design report. The goal will be a percentage of the federal portion of the contract costs less the amount expended for land, easements, the Sponsor's in-house administration, force account work and any noncontractual costs. Failure to meet the DBE goal can render a bid proposal nonresponsible at the Commission's discretion. (B) The Sponsor shall conduct field reviews and interviews with workers to ensure that the portion of the work identified in the construction contract to be performed by DBE firms is so performed. Results of these interviews shall be submitted to the Commission with the weekly construction progress reports. (50) LABOR STANDARDS INTERVIEWS: The Sponsor shall conduct periodic random interviews with the workers to assure that they are receiving the established prevailing wages. Results of these interviews shall be submitted to the Commission with the weekly construction progress reports. (51) AIR AND WATER QUALITY STANDARDS: Approval of the project is conditioned on the Sponsor's compliance with the applicable air and water quality standards in accomplishing project construction and in operating the airport. Failure to comply with this requirement may result in suspension, cancellation or termination of federal assistance under this Agreement. (52) 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, lengthening or reconstruction of an existing runway or construction of a new runway. When the funded project is strictly a master plan/site selection, this form will be submitted for the final three proposed sites prior to development of the ALP. (53) 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 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. 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 construction of any permanent structures on the airport, temporary structures over 20 feet in height or use of construction equipment over 20 feet tall. It is not necessary for routine construction projects, unless they include above ground installations. (54) 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. (55) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the project, the Sponsor shall be responsible for the installation of any signs, markers or -19- other devices required for the safety of the public. All markers or devices required shall conform with all applicable FAA regulations or specifications. (A) The Sponsor shall ensure that a safety plan is included in the contract documents and that the Contractor complies with the safety plan during construction. (B) It is also the responsibility of the Sponsor to issue, through the applicable FAA Flight Service Station, any and all Notices to Airmen that may be required. Copies of notices shall also be sent to the Commission as soon as they are filed with the FAA. (56) RECORD DRAWINGS: The Sponsor shall provide one (1) set of blue line or black line as -built construction plans and two (2) sets of the updated ALP with a narrative report to the Commission upon project completion. The Commission will forward one (1) set of the updated ALP to the FAA central region office. [Remainder of Page Intentionally Left Blank] -20- IN WITNESS WHEREOF, the parties have entered into and accepted this Agreement on the last date written below. Executed by the Sponsor this Executed by the Commission this MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION LIM minim day of day of 0.101 20 CITY OF CAPE GIRARDEAU LIM minim Attest: Attest: Secretary to the Commission Approved as to Form: Commission Counsel -21- M Title Ordinance No. (if applicable) CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as attorney for the Sponsor, do hereby certify that in my opinion, the Sponsor is empowered to enter into the foregoing grant Agreement under the laws of the State of Missouri. Further, I have examined the foregoing grant Agreement, and the actions taken by said Sponsor and Sponsor's official representative have been duly authorized and the execution thereof is in all respects due and proper and in accordance with the laws of the said state and the Airport and Airway Improvement Act of 1982, as amended. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said grant constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. SPONSOR: City of Cape Girardeau Name of Sponsor's Attorney (typed) Signature of Sponsor's Attorney Date _22_ Gayle L. Conrad, CMC, MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 8/4/2014 SUBJECT Appointment of one member to the Planning and Zoning Commission for a term expiring November 1, 2016. EXECUTIVE SUMMARY Due to attendance requirements, Mr. Jeff Glenn is no longer on the Planning and Zoning Commission. He was serving a term set to expire November 1, 2016. Mr. Glenn has submitted the attached letter requesting reappointment to the Commission. Copies of the member roster and attendance roster are attached for your information. BACKGROUND/DISCUSSION Members of the Commission must be residents of the city, and serve four year terms. The following have expressed interest in serving on the board, and their board summary sheets are attached. . Robert Blasiney . Raymond Buhs • Seymour Chilton . Daniel Presson . Forest Reutzel • Bruce Skinner • Walter White STAFF RECOMMENDATION It is recommended that one appointment be made to the Planning and Zoning Commission for a term expiring on November 1, 2016. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommends that Jeff Glenn be reappointed. ATTACHMENTS: Name: ❑ P Z.roster.doc ❑ P Z.attendance.xls ❑ GlennJeff.07-14-14.memo.odf ❑ BlasineyRobert.07-11-14.idf Description: P&Z roster P&Z Attendance Jeff Glenn Letter Board App - Blasiney, Robert ❑ buhs.raymond.04-15-14.pdf ❑ chilton.seymour.05-08-14.doc ❑ glenn.jeff.07-14-14.idf ❑ presson.daniel.04-03-14.pdf ❑ Reutzel.forest.06-05-14.doc ❑ skinner.bruce.05-14-14.doc ❑ white.walter.03-11-14.pdf Board App - Buhs, Ray Board App - Chilton, Seymour Board App - Glenn, Jeff Board App - Presson, Daniel Board App - Reutzel, Forest Board App - Skinner, Bruce Board App - White, Walter CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees July 7, 2014 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission Scott McClanahan, Vice Chair Trae Bertrand, Chairman Ralph Maxton Randy Kluge Douglas B. Spooler Larry Dowdy Bill Hinckley Jeff Glenn Thomas Welch effective with terms commencing January 8, 1996. Planninm and Zoninz Commission Date Appointed January 20, 2004 November 20, 2006 March 21, 2005 October 17, 2011 April 15, 2013 October, 15, 2012 December 6, 2004 March 18, 2013 --- October 21, 2010 Date Reappointed 10/23/06; 10/18/10 10/18/10 10/23/06; 10/18/10 10/20/08; 10/15/12 10/21/13 Term Expires November 1, 2014 November 1, 2014 November 1, 2014 November 1, 2015 November 1, 2015 November 1, 2016 November 1, 2016 November 1, 2016 November 1, 2017 Serve four year terms, appointed by Council. Meetings held second Wednesday at 7:00 p.m. in Council Chambers. Commission reviews and recommends actions on zoning changes and land subdivision and plans for the city. Board considers requests for variances from the Development Code provisions. Staff contact—Ryan Shrimplin, Planning Services, 339-6326. PLANNING AND ZONING ADVISORY COMMISSION Attendance Record Ordinance effective 4/13/00 P = present, A = absent - • - o�00000000000�������� Conrad, Gayle Prom: Jeff Glenn <jeffglenn@glennvlewstrategles.com> Sent: Monday, July 14,20141142 AM To: Conrad, Gayle Subject: Reappointment to P&Z Attachments: Jeff Glenn Board Applicationpdf Good Morning Gayle, I've attached my board application and would like to be reappointed tot he Planning & Zoning Commission. I have been removed due to missing four meetings in a year. I missed August 2013, November 2013, and July 2014 as I was out of town on each of these dates. I missed May 2014 as I was recovering from back surgery. If you need any ad ditionaI information, don't hesitate to let me know. Thanks! Vew G1enn Jeff W. Glenn, CEO Glenn View Strategies 2244 Derbyshire Lane Cape Girardeau, MO 63701 Phone. 573-270-4053 Fax 573-903-0529 www.glennviewstrategies.com www.linkedin.com/in/i effwglen n www.twitter.com/GlennView CEO Gayle L. Conrad, CMC, MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 8/4/2014 SUBJECT Appointment of one member to the Airport Advisory Board for a term expiring April 30, 2017. EXECUTIVE SUMMARY Mr. Adam Hanna has resigned his position from the Airport Advisory Board. He was serving a term set to expire April 30, 2014. A copy of the current board roster is attached for your review. BACKGROUND/DISCUSSION According to Section 4-2 of the City Code, "two members of the airport board may be residents of Cape Girardeau, Scott, Bollinger or Perry County. The remaining members must be residents of the City of Cape Girardeau." At the present time, the Board already has two members that live outside the Cape city limits. Board members serve a three-year term. The following individuals have expressed interest in being appointed to the board and their board applications are attached. . John Paul Beardslee (non-resident) . Robin Cole (non-resident) • Mark Seesing • Bruce Skinner • Mark Welker • Walter White GENERAL DIRECTION Unless directed otherwise, one appointment to the Airport Advisory Board for a term expiring April 30, 2017, will appear on your next agenda for consideration. ATTACHMENTS: Name: ❑ Airport Board Roster.doc ❑ beardslee.john-paul.03-18-13.pdf ❑ cole. robin. 06-16-14. doc ❑ seesing.mark.07-21-14.doc ❑ skinner.bruce.05-14-14.doc ❑ welker.mark.03-13-14.1)df ❑ white.walter.03-11-14.1)df Description: Airport Advisory Board Roster Board App - Beardsleey, John Paul Board App -Cole, Robin Board App - Seesing, Mark Board App - Skinner, Bruce Board App - Welker, Mark Board App - white, Walter CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees July 21, 2014 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Airport Board Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact —Bruce Loy, Airport Manager, 334-6230. Date Appointed Date Reappointed Term Expires Justin Albright December 21, 2009 4/16/12 April 30, 2015 Bradley Golden February 21, 2012 4/16/12 April 30, 2015 Jason Trickey * August 15, 2011 4/20/09, 4/16/12 April 30, 2015 William L. Tucker, Jr. April 4, 2011 4/15/13 April 30, 2016 Robert Cork April 19, 2010 4/15/13 April 30, 2016 Paul Mingus April 15, 2013 --- April 30, 2016 Vacant (Hanna) August 15, 2011 5/5/14 April 30, 2017 Brian Ozark * October 4, 2010 4/4/11; 5/5/14 April 30, 2017 Craig Bohnsack November 19, 2007 4/4/11; 5/5/14 April 30, 2017 Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact —Bruce Loy, Airport Manager, 334-6230. Staff: Gayle L. Conrad, CMC, MRCC, Agenda: Director of Citizen Services/Clerk 8/4/2014 SUBJECT Airport Advisory Board, June 10, 2014 Keep Cape Beautiful, June 14, 2014 ATTACHMENTS: Name: ❑ min.Airport.06-10-14.doc ❑ min. KCB.06-24-14.draft.doc Description: Airport Board 06-10-14 Keep Cape Beautiful 06-24-14 AIRPORT BOARD MINUTES June 10, 2014 Cape Aviation Conference Members Present: Justin Albright, Robert Cork, Brad Golden, Adam Hanna, Paul Mingus, Brian Ozark, Jason Trickey, Bill Tucker Others Present: Bruce Loy, Airport Manager; Katrina Amos, Administrative Coordinator; Hanna Seesing, Intern I. MINUTES OF PREVIOUS MEETING: The meeting was called to order at 5:07pm. Mr. Tucker moved and Mr. Ozark seconded the motion to approve the April 2014 minutes. The motion passed by unanimous vote. IL APPEARANCES A. None III. OLD BUSINESS A. Airport Activity Report — Mr. Loy presented the airport usage report for April and May 2014. Airline enplanements numbers were up for April 2014 and down slightly for May but overall both were good months. Air traffic counts were up for both months as well. B. Cape Aviation Report— Mr. Loy presented the Cape Aviation Fuel Report for April and May 2014. Fuel sales were up for the month which included fuel purchased during the 2014 Air Festival. C. Project Updates — • Commander Update — Mr. Loy informed the Board that most of the assets have been removed from the Commander hangar except for some machinery. Mr. Loy is working with the City legal department regarding legalities surrounding the Commander bankruptcy. Discussion continued on the subject. • New T -Hangar Leases - Mr. Loy informed the board that the new t -hangar lease agreements are completed and are undergoing a final review. He hopes to have them out by the end of the month for tenants to sign. Once the new t -hangars leases are approved, Mr. Loy stated he will begin updating the older leases. • T -Hangar Construction Update — Mr. Loy informed the Board that there are still issues with water entering the hangars when it rains. Zoellner Construction and Crawford Murphy and Tilly, Ino. (CMT) are trying to come up with a solution. Discussion continued on the topic. • Removal and Repainting of Centerline Striping and Hold Bar — Mr. Loy informed the Board that the centerline striping and hold bar project is scheduled to go out for bid on June 17, 2014. D. 2014 Air Festival Recap — Mr. Loy informed the Board that the 2014 Air Festival was a success and received great reviews. He estimated paid attendance of 6,000 - 8,000 for the weekend. Mr. Loy believes commencement ceremonies in the area did affect overall attendance; however the event went extremely well. It was noted that the shuttle buses were excellent in providing attendees seamless transportation to and from the event. The ticket line set up at the gate worked very well and helped efficiently move people through the gate. There were only minor issues reported. Mr. Loy noted that the Canadian Snowbirds were extremely pleased with the hospitality air show staff and volunteers provided. He also reported that most likely there will not be an air show in 2015, in hopes to go to an every other year format. Discussion continued on the topic. IV. NEW BUSINESS A. Runway Visual Range (RVR) Construction — Mr. Loy advised the Board of the Runway Visual Range construction project that is scheduled to begin on June 24th. RVR is an instrument that uses two (2) eyes to measure range. Mr. Loy will provide updates as necessary. B. Land Acquisition — Mr. Loy advised the Board that the City is interested in a piece of land available for acquisition near the airport. Mr. Loy is working with the city attorney regarding the details of the land and will report back any additional information. C. Agricultural Issues — Mr. Loy advised the Board of potential agricultural issues near the airport with certain crops that attract water fowl to the area Mr. Loy is working with the city attorney in an effort to research options in order to prevent water fowl issues during harvest. Mr. Loy stated the best alternative is to prevent these crops from growing in close proximity to the airport. Discussion continued on the topic. V. NON -AGENDA ITEMS A. Election of Officers — In a unanimous vote, Robert Cork was elected Airport Board President and Justin Albright was re-elected Vice President. There being no other business, Mr. Mingus moved to adjourn the meeting and Mr. Hanna seconded the motion. The meeting was adjourned at 6:20pm Minutes prepared by, Katrina Amos Administrative Coordinator CITY Of CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT BEAUTIFICATION COMMITTEE MEETING Draft MINUTES The Cape Girardeau Beautification Committee met at the Osage Centre on Tuesday, June 24th, 2014 at 3:00 p.m. Present: Lida Mueller Loretta Schneider Becky Mocherman Absent: Kasie Essner Laura Ritter A. WELCOME/INTRODUCTIONS Staff Present: Julia Thompson Brock Davis, Parks & Recreation, Division Manager Sharon Bergman, Administrative Secretary Mike Tripp, Public Works Guest: Brian Lauglois B. APPROVAL OF MINUTES Approval of minutes from May 27th meeting — Loretta Schneider made a motion to approve the minutes and Becky Mocherman seconded the motion to accept minutes as presented. Motion passed. C. NEW BUSINESS 1. Committee nominated Bellevue Bed & Breakfast for July Business Recognition. Lida made the motion and Becky 2 d the motion for the nomination 2. Start preparing educational information for the schools for the Fall, litter bags, etc. D. OLD BUSINESS 1. KCB Brochure should be ready next meeting. 2. Brock updated the committee on the Vision 2000 garden. Will start laying bricks as soon as they arrive. 3. Julia updated the committee on the Capaha Park Master plan. Shelter scheduled to begin construction on July 1st 4. Discussed future Water Splash pad at Capaha Park. 5. Any additional new information on Way Finding signs and MODOT. E. OTHER ITEMS 1. Council Liaison Report 2. Arts Festival at River Campus was a success. Becky Mocherman made a motion to adjourn meeting, Brock Davis seconded the motion, all in favor. Next Meeting July 29, 2014 — 3:00 pm — Osage Centre Respectfully submitted, Sharon Bergman Administrative Secretary Engage individuals, businesses and organizations, to Keep Cape Girardeau Beautiful! r:►yyImr_-rr4 ' KEEP AMERICA EAUTIFUL