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Council.Agenda.01-21-2020.Packet
Bob Fox, Mayor Dan Presson, Ward 1 Shelly Moore, Ward 2 Nate Thomas, Ward 3 Robbie Guard, Ward 4 Ryan Essex, Ward 5 Stacy Kinder, Ward 6 January 21, 2020 5:00 PM City Council Chambers City Hall 401 Independence Agenda Documents, Videos Minutes, and Other Information: www.cityofcape.org/citycouncfl Invocation Reverend Ellen Gurnon of First Presbyterian Church in Cape Girardeau Pledge of Allegiance Study Session No action will be taken during the study session Presentations Communications/Reports • City Council Staff Items for Discussion • Planning and Zoning Commission Report • Capital Improvement Plan (CIP) 2020-2025 • Transportation Trust Fund 6 (TTF6) Discussion • Appearances regarding items not listed on the agenda This is an opportunity for the City Council to listen to comments regarding items not listed on the agenda. The Mayor may refer any matter brought up to the City Council to the City Manager if action is needed. Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes. The timer will buzz at the end of the speaker's time. 0 Agenda review Regular Session Call to Order/Roll Call Adoption of the Agenda Public Hearings Appearances regarding Items Listed on the Agenda Individuals who wish to make comments regarding items listed on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must stand at the public microphone and 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. 1. Approval of the January 6, 2020, City Council regular session and closed session minutes. 2. BILL NO. 20-03, an Ordinance authorizing the City Manager to execute a Traffic Engineering Assistance Program Agreement with the Missouri Highways and Transportation Commission, for the Kiwanis Drive Corridor Study, in the City of Cape Girardeau, Missouri. Second and Third Readings. 3. BILL NO. 20-09, an Ordinance approving the record plat of Auburn Park Place One. Second and Third Readings. 4. BILL NO. 20-10, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at 623 Perry Avenue, in the City and County of Cape Girardeau, Missouri, from R-3 to C-1. Second and Third Readings. 5. BILL NO. 20-11, an Ordinance authorizing the City Manager to execute an Agreement between the City of Cape Girardeau, the Cape Girardeau Police Department and the United States Department of Justice for the purpose of housing Federal prisoners, in the City of Cape Girardeau, Missouri. Second and Third Readings. 6. BILL NO. 20-14, a Resolution authorizing the City Manager to execute a Contract for Services with The Cape Girardeau Area Industrial Recruitment Association, a/k/a MAGNET, in the City of Cape Girardeau, Missouri. Reading and Passage. 7. BILL NO. 20-16, a Resolution authorizing the City Manager to execute an Agreement with Evrard Company, Inc,. for the Fort D Roof Replacement Project, in the City of Cape Girardeau, Missouri. Reading and Passage. Items Removed from Consent Agenda New Ordinances 8. Bill No. 20-15, an Ordinance authorizing the City Manager to execute Amendment #4 to the State Block Grant Agreement with the Missouri Highways and Transportation Commission to fund the acquisition of an Aircraft Rescue Fire Fighting Vehicle, at the Cape Girardeau Regional Airport. First, Second, and Third Readings. 9. BILL NO. 20-12, an Ordinance approving the record plat of OTC Second Subdivision. First Reading. 10. Bill No. 20-13, an Ordinance amending Chapter 17 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding sales of tobacco to minors. First Reading. 11. BILL NO. 20-17, an Ordinance accepting a Permanent Utility Easement from William D. Vied and Sharon L. Vied, for 2522 Boutin Drive, in the City of Cape Girardeau, Missouri. First Reading. Appointments 12. Appointments to the Golf Course Advisory Board. Other Business 13. Motion to set a Special City Council Meeting to declare the results of the February 4, 2020, Primary election. Meeting Adjournment Closed Session 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, vote to hold a closed session to discuss issues listed in RSMo. Section 610.021, including but not limited to: legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, personnel issues, or confidential or privileged communications with its attorneys. Items for Discussion 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). [whatever the case may be] Memos • Analysis of Sales Tax Revenue for Year Ending September 30, 2019. Advisory Board Minutes 0 Advisory Board Minutes Staff: W. Victor Brownlees, Finance Agenda: Director. 1/21/2020 SUBJECT Capital Improvement Plan (CIP) 2020-2025 EXECUTIVE SUMMARY The draft CIP is attached for consideration. The total value of proposed capital projects over the 5 year planning period is just under $104.5 million. BACKGROUND/DISCUSSION The CIP is a planning instrument that facilitates the evaluation and identification of capital infrastructure projects. The document contains three categories: Transportation, Environment, and Capital Assets. The Transportation category consists of streets, parking lots, sidewalk/trails, etc. The Environment category consists of projects relating to water, wastewater, and stormwater. The Capital Assets category consists of projects relating to Information Technology, Facilities, and Fleet. The CIP identifies the potential funding source(s) and timeframe for each project and outlines the City's capital priorities for all interested parties. FINANCIAL IMPACT Capital projects are funded through a variety of methods, including long-term financing, user fees, grants, assessments, tax levies, and reserve balances. The total Capital Improvements Program included herein includes a total of $104,472,869 for projects, which have identified funding from various revenue sources. The Contingent Program is a program of currently unfunded projects totaling approximately $99,069,343. This data shows the importance of the continuation of existing sales tax revenues including the Transportation Trust Fund and Parks/Stormwater Sales Tax. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IlVIPACTS The CIP is a fiscally prudent plan designed to ensure that the City meets the needs of investment in its core infrastructure to sustain the economic, environmental and social well-being of the City for now and into the future. STAFF RECOMMENDATION That City Council considers the draft CIP. PUBLIC OUTREACH The CIP will be the subject of a Public Hearing on February 17, 2020. ATTACHMENTS: Name: Description: D GIP 2020-25 STUDY SESSION.0l-21-204& DRAFT FY2020-25 CIP CITY Of CAPE GIRARDEAU DRAFT CAPITAL IMPROVEMENTS PROGRAM PROPOSED FISCAL 2020-2025 Cape Girardeau, Missouri Public Hearing on February 17, 2020 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY OF CAPE GIRARDEAU, MISSOURI Dear Mayor and Council Members: INTRODUCTION A draft of the proposed Five -Year Capital Improvements Program (CIP) is attached for your consideration. This program, for the period July 1, 2020 to June 30, 2025, is submitted in accordance with Article VI, Section 6.04 of the City Charter and a public hearing will be held on February 17, 2020. Following public input, the City Council may adopt the program by resolution at the same Council meeting. In accordance with the City Charter, the CIP must be adopted on or before April 1, 2020. The CIP is a planning instrument that facilitates the evaluation and identification of capital infrastructure projects. The document contains three categories: Transportation, Environment, and Capital Assets. The Transportation category consists of streets, parking lots, sidewalk/trails, etc. The Environment category consists of projects relating to water, wastewater, and stormwater. The Capital Assets category consists of projects relating to Information Technology, Facilities, and Fleet. The CIP identifies the potential funding source(s) and timeframe for each project and outlines the City's capital priorities for all interested parties. FUNDING SOURCES Capital projects are funded through a variety of methods, including long-term financing, user fees, grants, assessments, tax levies, and reserve balances. Some projects are funded from more than one source. The following is a brief description of the various revenue sources: Capital Improvement Sales Tax A %4 cent sales tax was renewed by voters in 2019 and will sunset December 31, 2034. This will be used to fund refurbishment of the Common Pleas Courthouse and Annex to serve as City Hall, construction of a new Airport Terminal and Control Tower, investment in the City's water distribution system and additional street maintenance. Capital Improvement Sales Tax — Water A'/4 cent sales tax was extended in 2011 and will sunset on 31 December 2037. This funds the borrowing costs on bonds issued to construct the City's Wastewater Treatment Plant. Local, State and Federal Grants and Loans The City has partnered with local agencies for them to participate in certain projects where there is mutual benefit to both parties. The partners and participation vary but are detailed in the funding reports and project descriptions. The City is eligible to submit grant applications to the State of Missouri for funds they may have available either from their own State revenue sources or, in some cases, from revenue sources they administer for various federal agencies. The City is also eligible to receive various Federal grants on a competitive basis from appropriate Federal agencies. This could include the Environmental Protection Agency as it relates to wastewater improvements; the Federal Highway Administration that administers and distributes funds from the Federal Gasoline Tax through the Surface Transportation Program — Urban; or the Federal Aviation Administration for airport improvements. Federal funds may include special appropriations related to specific projects or events. Most of these funds, however, are now administered by the State through related State agencies. Transportation Trust Fund (TTF) Voters approved a '/2 cent sales tax in 2015. Doing so marked the fifth TTF initiative passed by voters to fund priority transportation projects. The tax went into effect January 1, 2016 and will expire December 31, 2020. The revenues from this source are placed into a separate Transportation Trust Fund and are used for the specific projects approved by voters. On December 2, 2019 the City Council approved an ordinance providing for the extension of the tax and called for an election on April 7, 2020 to put the matter to the voters. If approved, the tax will go into effect January 1, 2021 and will expire December 31, 2025. Motor Fuel Tax (MFT) The Motor Fuel Tax fund provides for the receipt and disbursement of revenues the City receives as its portion of the State Gasoline Tax, State Motor Vehicle Licensing Fees, and State Motor Vehicle Sales Tax. The revenues from this source can be used for capital improvements, as well as annual operating and maintenance expenses as they relate to improvements on the City's streets. Parks and Stormwater Sales Tax (PRS) A'/2 cent sales tax for parks and storm water projects was approved in April 2008 and went into effect October 1, 2008. This includes % cent sales tax which sunset December 31, 2018. In April 2018 voters approved renewal of the % cent sales tax which became effective January 1, 2019. The remaining '/8 cent sales tax is for operations and has no sunset. The project improvements supported by these funds will be spread out over a fifteen year window with the tax scheduled to expire December 31, 2033. Enterprise Funds The costs of operating the City's water, sewer and solid waste services are funded largely through monthly fees charged to end users. The City has taken advantage of low interest loan programs available through the Department of Natural Resources and the sale of bonds to fund large capital projects paid off over time. Fees are reviewed each year to ensure that income covers the operating costs and debt service and accounts for depreciation and the growth needs of the system. Casino Revenue The gaming revenue from the Century Casino Cape Girardeau began to be paid to the City in November 2012. These revenues have been projected to generate approximately $3,000,000 per year. The City Council's plan is to use 40% - 60% of this yearly revenue for Capital Improvement projects. Fire Sales Tax Voters approved a '/4 cent sales tax for operation of the Municipal Fire Department, Police Department and for related capital improvements in 2004. Half of the tax was due to expire on December 31, 2014 but in November 2014 voters extended this by a further 21 years. Undetermined This category denotes needed funds not yet available. The projects with this designation cannot be completed until an existing revenue source can be made available or a new revenue source created. PROGRESS ON IMPROVEMENTS IN 2019-2020 The City Council set a course of action for staff in March 2019 with the adoption of the 2019-2024 Capital Improvements Program. The following projects have either been completed or will be substantially completed by the adoption of this plan and therefore will not be included in this plan for 2020-2025. 2019-2020 Completed Projects Transportation 2019 Air Service Marketing Streets /Parking Lots / Runways 2019-2020 Asphalt Overlay Projects 2020 Contracted Street, Curb and Gutter Repair 2020 Contracted Street Lights Sidewalks / Trails Sidewalk Gap - Independence from Gordonville/East Rodney to Mt. Auburn Stormwater Arena Park Box Culvert Hopper Rd Box Culvert Wastewater Grit Pump Replacement in Headworks Sewer System I&I Program Phase 2 Water Gordonville Booster Pump Station Boutin Road Transmission Main Assets - IT 911 Project Fire Department - Relocate Equipment Rebuild EOC/Training Laptops x5 Replace Police Dept Toughbook Computers (x65) and Mobile Data Terminals GIS Server Upgrade Assets - Facilities Capaha Park Master Plan - Phase 2 Cape Girardeau Regional Airport - Land Acquisition for Expansion Cape Splash - Lazy River and Lap Pool Painting Fire Station #2 - Window Replacement (partial) Fort D Park Renovations Jaycee Municipal Golf Course - Fairway Turf Project Arena Park - Tennis/Pickle Ball Court Improvements (scheduled to be completed by July 2020 River Heritage Museum - Accessibility Upgrades and Other Improvements (scheduled to be completed by July 2020) Assets - Non -Fleet Fire Department - Heart Monitors PROPOSEDIMPROVEMENTS The total Capital Improvements Program included herein includes a total of $104,472,869 for projects, which have identified funding from various revenue sources. The Contingent Program is a program of currently unfunded projects totaling approximately $99,069,343. This data shows the importance of the continuation of existing sales tax revenues including the Transportation Trust Fund and Parks/Stormwater Sales Tax. Respectfully submitted, Scott A. Meyer W. Victor Brownlees City Manager Finance Director CITY Of CAPE GIRARDEAU Transportation Program By Fiscal Year Construction Funding Funding Project Name Project Description Total Year Source Source Streets/Parkina Lots/Ru FY 20-21 Air Service Marketing Air service marketing $ 100,000 2021 MoDOT Crack seal 75,000LF of airfield surfaces and general aviation Airport Improvement Airfield Pavement Maintenance ramp $ 510,000 2021 Program ' General Fund Master drainage study - analyse current drainage conditions Airfield Master Drainage Study at airport $ 50,000 2021 General Fund Airport Terminal Area Master Plan Master Plan update for terminal and facilities $ 423,000 2022 MoDOT (95%) ' General Fund (5%) Asphalt Overlay Existing street paving/overlays $ 700,000 2021 TTF5 Environmental Assessment for Airport 2021 Program ' General Fund Layout Plan Update Environmental Assessment for Airport Layout Plan Update $ 98,000 2021 MoDOT Supplemental Perform traffic study to address congestion and implement Taxiway Alpha Rehabilitation $ 7,700,000 Independence - Gordonville to Sunset recommendations from the study $ 3,500,000 2019 TTF5 Main - Roberts to East Cape Rock Reconstruction, curb and gutter, sidewalks, and streetlights $ 1,100,000 2020 TTF5 FY 2020-25 CIP Transportation Program Annual pavement management plan to identify and manage Airport Improvement Pavement Management Plan airfield needs $ 100,000 2021 Program ' General Fund Supplemental Taxiway Alpha Rehabilitation Taxiway Alpha Rehabilitation $ 7,700,000 2021 FAA Appropriation General Fund Taxiway Delta Rehabilitation Taxiway Delta Rehabilitation $ 2,100,000 2021 MoDOT (90%) (10%) Osage Centre Parking Lot Overlay - Section Overlay of parking lot at Osage Centre broken into 6 sections. #1 The project total will be $521,310. $ 121,000 2021 PRS2 New concrete street, curb and gutter, sidewalk, and Fountain - William to Independence streetlights $ 1,000,000 2021 TTF5 Mill and overlay, sidewalks, streetscape, right -turn lane at Sprigg - William to Broadway William/Sprigg $ 1,700,000 2020 TTF5 Complete removal and replacement of deteriorated sections Street, Curb and Gutter Repair of existing street, curb and gutter $ 850,000 2020 TTF5 Maintenance, repair, and replacement of traditional bulbs to Street Lights LEDs $ 115,000 2021 TTF5 Widen from Rose to New Madrid, reconstruction from New Madrid to Bertling, add curb and gutter, sidewalks, and West End - Rose to Bertling streetlights $ 3,150,000 2019 TTF4 ($650,000) TTF5 ($2,500,000) FY 2020-25 CIP Transportation Program CITY Of CAPE GIRARDEAU Transportation Program By Fiscal Year Construction Funding Funding Project Name Project Description Total Year Source Source FY 21-22 Airport Parking Lot Improvements Parking lot improvements $ 100,000 2022 ` General Fund Airport Stormwater Drainage Improvements Improvements to the stormwater drainage system $ 100,000 2022 PRS2 Osage Centre Parking Lot Overlay - Section Overlay of parking lot at Osage Centre broken into 6 sections. #2 The project total will be $521,310. $ 139,000 2022 PRS2 Streetlight replacement related to the MoDOT DDI at 1-55 and Motor Fuel Tax ' General Fund Street Light Relocation & Signal for DDI Hwy 61 and signal installation $ 352,000 2022 (85%) (15%) FY 22-23 General Fund Taxiway Access to NW Quadrant Taxiway Access to NW Quadrant $ 1,000,000 2023 MoDOT (90%) (10%) NW Quadrant Road (Mustang Drive) New road to access property for development at the Airport $ 750,000 2023 TTF4 ($75,000) MoDOT ($675,000) Asphalt overlay of park roads/drives/parking in conjunction Asphalt Overlay of City Parks/Facilities with the City's asphalt overlay program (total of $1 M through Parking Lots/Drives 2033) $ 100,000 2023 PRS2 Osage Centre Parking Lot Overlay - Section Overlay of parking lot at Osage Centre broken into 6 sections. #3 The project total will be $521,310. $ 119,000 2023 PRS2 FY 23-24 Helicopter and Light Sport Aircraft Operations Area Helicopter and Light Sport Aircraft Operations Area $ 69,000 2024 MODOT Airport Improvement Taxiway Echo Rehabilitation Reconstruction of Taxiway Echo $ 1,500,000 2024 Program ' General Fund Asphalt overlay of park roads/drives/parking in conjunction Asphalt Overlay of City Parks/Facilities with the City's asphalt overlay program (total of $1 M through Parking Lots/Drives 2033) $ 100,000 2024 PRS2 Osage Centre Parking Lot Overlay - Section Overlay of parking lot at Osage Centre broken into 6 sections. #4 The project total will be $521,310. $ 52,000 2024 PRS2 FY 24-25 Asphalt overlay of park roads/drives/parking in conjunction Asphalt Overlay of City Parks/Facilities with the City's asphalt overlay program (total of $1 M through Parking Lots/Drives 2033) $ 100,000 2025 PRS2 Osage Centre Parking Lot Overlay - Section Overlay of parking lot at Osage Centre broken into 6 sections. #5 The project total will be $521,310. $ 30,000 2025 PRS2 Sidewalks/Trails - Program FY 20-21 Sidewalk Gap and Repair Sidewalk gap construction and sidewalk repair $ 160,000 2021 TTF5 FY 2020-25 CIP Transportation Program CITY Of CAPE GIRARDEAU Transportation Program By Fiscal Year Project Name Project Description Total Construction Year Funding Funding Source Source FY 21-22 City -Wide Trail Improvements Complete widening of Cape LaCroix Trail from 8' to 12', and new trail connections/signage/etc. (total of $1.5M through 2033) $ 170,000 2022 PRS2 FY 22-23 City -Wide Trail Improvements New trail connections/signage/etc. (total of $1.5M through 2033) $ 150,000 2023 PRS2 FY 23-24 City -Wide Trail Improvements New trail connections/signage/etc. (total of $1.5M through 2033) $ 150,000 2024 PRS2 FY 24-25 City -Wide Trail Improvements New trail connections/signage/etc. (total of $1.5M through 2033) $ 150,000 2025 PRS2 * Projects listing "General Fund " as a funding source are subject to budget appropriations FY 2020-25 CIP Transportation Program CITY off_ GAPE GIRARDEAU Transportation Contingent Program Potential Funding Potential Funding Project Name Project Description Total Source Source Access Road and Taxilane for NW Landside access road and airside taxilane for NW quad, parcels $ 1,323,000 State Funding " General Fund Airport Road Extension to Rte M Airport Road Extension to Rte M $ 4,629,000 MoDOT Land Acquisition for Runway 10 Extension Land Acquisition for Runway 10 Extension $ 436,000 MoDOT Arena Park Fields #9 - #10 Parking Lot and Pave Arena Park Fields #9 - #10 gravel parking lot, Parks Maintenance Building gravel parking Maintenance Buildings lot, and Arena Park Sports Complex Maintenance Building gravel parking lot $ 450,000 TBD rBD Bloomfield Trail Parking Lot Parking Lot for Bloomfield Trail $ 173,000 TBD Dennis Scivally Park and Kiwanis Park Pave gravel road to Shelter #4 in Kiwanis Park and overlay parking lot and road in Dennis Scivally Paving Park $ 200,000 TBD Jaycee Municipal Golf Course Overlay Repair and overlay approx. 65,000 SF of parking areas and road $ 230,000 TBD Red House Parking Area Improvement to parking area north of Red House $ 81,000 TBD Asphalt Overlay Existing street paving/overlays $ 700,000 TTF6 Bertling Street - Perryville Rd to West End Parking Structure or Surface Lots - Lower Blvd Road Reconstruction - Reconstruct 36' concrete, 2 - 6' sidewalks, streetlights $ 2,000,000 TTF6 Bloomfield Road Overpass @ 1-55 Widening Bloomfield Road Overpass @ 1-55 $ 5,750,000 TBD Bloomfield Road - Kingshighway to Albert $ 2,990,000 TBD Street Road Reconstruction - Bloomfield Road improvements from Kingshighway to Albert Street $ 1,000,000 TTF6 Bloomfield Road - Albert Street to West End Route K / Notre Dame High School Route K / Notre Dame High School Intersection Improvements - in cooperation with MoDOT; Boulevard Road Reconstruction - Bloomfield Road improvements from Albert Street to West End Boulevard $ 1,000,000 TTF6 Bloomfield Road - White Oaks to MO -74 Road Reconstruction - Bloomfield Road improvements from White Oaks to MO -74 $ 3,450,000 TBD Cape Rock Drive - Sidewalks from Construct sidewalks along Cape Rock Drive from Kingshighway to Perryville, with a connection 160,000 TTF6 Kingshighway to Perryville Road on Brookwood $ 710,000 MoDOT TAP Grant College Street - Minnesota Avenue to West End Boulevard Road Extension - College Street from Minnesota Avenue to West End Boulevard $ 800,000 TTF6 Road Reconstruction - New 36' concrete (2 travel lanes, 1 parking), curb & gutter, 2 - 6' Emerald St - Sprigg St to Big Bend Rd sidewalks, streetlights, bridge/box at Sloan Creek $ 2,500,000 TTF6 Hopper Rd - Mount Auburn Rd to Kingshighway Road & Sidewalk Upgrades - Mill and overlay, sidewalks $ 1,500,000 TTF6 Lexington Avenue - Carolina Lane to Sherwood Drive Road Reconstruction - Lexington Avenue from Carolina Lane to Sherwood Drive $ 1,200,000 TTF6 Lexington Avenue - West Cape Rock Drive to Sprigg Street Road Reconstruction - Lexington Avenue from West Cape Rock Drive to Sprigg Street $ 1,200,000 TTF6 Maria Louis Lane / Kiwanis Drive / Maria Louis Lane / Kiwanis Drive / Broadview Street Intersection Improvements - Traffic study Broadview Street Intersection Improvements only $ 6,000,000 TTF6 Parking Structure or Surface Lots - Lower Broadway Parking Structure or Surface Lots - Lower Broadway $ 5,233,000 TBD Parking Structure - Riverfront Parking Structure - Riverfront $ 2,990,000 TBD Parking Surface Lots - Spanish Street Parking Surface Lots - Spanish Street parking lot $ 386,000 TBD Route K / Notre Dame High School Route K / Notre Dame High School Intersection Improvements - in cooperation with MoDOT; Intersection Improvements contribution toward total project cost $ 500,000 TTF6 Sidewalk Gap and Repair Sidewalk gap construction and sidewalk repair $ 160,000 TTF6 FY 2020-25 CIP Transportation Contingent CITY off_ GAPE GIRARDEAU Transportation Contingent Program Potential Funding Potential Funding Project Name Project Description Total Source Source Bloomfield Street Road Reconstruction - West End Boulevard from Jefferson Avenue to Bloomfield Street $ 600,000 TTF6 Transportation - Operations Contingent Program Project Potential Funding Potential Funding Type Project Name Project Description Total Source Source Traffic Signal Upgrade Traffic Signal Upgrade - Upgrades to 22 intersections $ 273,000 TBD Projects listing "General Fund " as a potential funding source are subject to budget appropriations FY 2020-25 CIP Transportation Contingent Spanish Street - Broadway to Independence on -street parking/angle parking/street-scape Spanish Street - Broadway to Independence improvements $ 2,472,000 TBD Sprigg Street - Shawnee Parkway / Route 74 to William Street Road Reconstruction - Sprigg Street from Shawnee Parkway / Route 74 to William Street $ 2,100,000 TTF6 Sprigg Street - Southern Expressway to Shawnee Parkway / Route 74 Road Reconstruction - Sprigg Street from Southern Expressway to Shawnee Parkway / Route 74 $ 2,950,000 TTF6 Street, Curb and Gutter Repair, and Asphalt Complete removal and replacement of deteriorated sections of existing street, curb and gutter, Overlay and existing street paving/overlays $ 2,000,000 TTF6 Streetscape along Broadway from West End to Pacific & Other Downtown Streetscape Projects Streetscape along Broadway from West End to Pacific and other streetscape projects $ 1,215,000 RDF Veterans Memorial Drive Phase 2 County Road 306 to Mid America Hotels Property $ 4,600,000 TTF6 Road Extension - Veterans Memorial Drive from Hopper Road to Vantage Drive - Complete Veterans Memorial Drive Phase 6 (Option A) Project $ 6,000,000 TTF6 Road Extension - Veterans Memorial Drive from Hopper Road to Vantage Drive - Design, Veterans Memorial Drive Phase 6 (Option B) acquisition and grading only $ 2,300,000 TTF6 West End Boulevard - Southern Expressway to Linden Street Road Reconstruction - West End Boulevard from Southern Expressway to Linden Street $ 2,000,000 TTF6 West End Boulevard - Jefferson Avenue to Bloomfield Street Road Reconstruction - West End Boulevard from Jefferson Avenue to Bloomfield Street $ 600,000 TTF6 Transportation - Operations Contingent Program Project Potential Funding Potential Funding Type Project Name Project Description Total Source Source Traffic Signal Upgrade Traffic Signal Upgrade - Upgrades to 22 intersections $ 273,000 TBD Projects listing "General Fund " as a potential funding source are subject to budget appropriations FY 2020-25 CIP Transportation Contingent CITY Of CAPE GIRARDEAU Environmental Paint Gordonville Tank No. 2 $ 600,000 2022 Program by Fiscal Year Project Name Project Description $ Total Construction Year Funding Funding Source Source Stormwater - Program FY 20-21 Replace 2" lines with 6" water lines City-wide $ 150,000 2023 Capital Sales Tax Camellia Street Drainage Two new drain pipes crossing Camellia Street $ 295,000 2021 PRS2 Capaha Pond Renovation Renovate, dredge, and bank stabilization at Capaha Park Pond $ 750,000 2020 PRS2 Good Hope Drainage Project Phase 2 Install 60" pipe from Spring Street to Walker Branch $ 3,500,000 2020 PRS2 Penny Street Drainage Upgrade existing storm drain at Penny & Sunset Streets $ 629,000 2021 PRS2 Wastewater - Program FY 20-21 IPS "N" Pump Conversion Replacing IPS pump impellors $ 300,000 2021 Sewer Fund Sewer System I&I Program Phase 3 Repair sewer system elements such as manholes and pipes with defects $ 325,000 2021 Sewer Fund FY 21-22 Sewer System I&I Program Phase 4 Repair sewer system elements such as manholes and pipes with defects $ 270,000 2022 Sewer Fund FY 22-23 IPS Automatic Course Screen / WWTF - Phase I I WWTF Influent pump station automatic course bar screening equipment - Construction $ 1,500,000 2023 Sewer Fund FY 24-25 Wastewater Master Plan Professional services for a complete Master Plan for the City's wastewater system $ 500,000 2025 Sewer Fund Water - Program FY 20-21 County Park/LaSalle Pressure Zone - Distribution Main 1,600 feet extension of 8 inch main from Franks Lane to County Road 620 $ 300,000 2021 Capital Sales Tax Plant 1 Upgrades Railing, second ammonia feed system, rehab piping, aeration tank $ 300,000 2021 Capital Sales Tax Plant 2 Evaluation Evaluation of Plant 2 for upgrades $ 150,000 2021 Capital Sales Tax Water Master Plan Update Update of 2011 Master Plan $ 250,000 2021 Capital Sales Tax FY 21-22 2" Line Replacement Replace 2" lines with 6" water lines City-wide $ 150,000 2022 Capital Sales Tax Gordonville Tank #2 - Water Tank Painting Paint Gordonville Tank No. 2 $ 600,000 2022 Capital Sales Tax Plant 2 Rehabilitation Complete projects identified from the Plant 2 evaluation $ 500,000 2022 Capital Sales Tax FY 22-23 2" Line Replacement Replace 2" lines with 6" water lines City-wide $ 150,000 2023 Capital Sales Tax Demolition of College Tank and construction of a BPS along College Tank - Demolition and Construct New Madrid or construct a 12 inch main across SEMO BPS or 12 inch Main University Property to tie-in to Bertling $ 600,000 2023 Capital Sales Tax Plant 2 Rehabilitation Complete projects identified from the Plant 2 evaluation $ 500,000 2023 Capital Sales Tax FY 2020-25 CIP Environmental Program CITY Of CAPE GIRARDEAU Environmental Program by Fiscal Year Project Name FY 23-24 Project Description Construction Funding Funding Total Year Source Source 2" Line Replacement Replace 2" lines with 6" water lines City-wide $ 150,000 2024 Capital Sales Tax 3,800 feet of 14 inch main - Cypress from Perryville to Kelley LaSalle Pressure Zone - Cypress, Court, Perryville from Cypress to Route W & Route W from Perryville, & Route W Perryville to Boutin $ 800,000 2024 Capital Sales Tax Plant 2 Rehabilitation Complete projects identified from the Plant 2 evaluation $ 500,000 2024 Capital Sales Tax FY 24-25 2" Line Replacement Replace 2" lines with 6" water lines City-wide $ 150,000 2025 Capital Sales Tax LaSalle Pressure Zone - Distribution Main 1,800 feet of 12 inch main from Scenic Drive, across Interstate 55 Crossing at Scenic Drive Interstate 55, connecting to Deerfield Estates Subdivision $ 500,000 2025 Capital Sales Tax Plant 2 Rehabilitation Complete projects identified from the Plant 2 evaluation $ 500,000 2025 Capital Sales Tax * Projects listing "General Fund " as a potential funding source are subject to budget appropriations FY 2020-25 CIP Environmental Program CITY of CAPE GIRARDEAU Environmental Contingent Program Potential Funding Potential Funding Project Name Project Description Total Source Source Water - Contingent Bloomfield Road/County Road 205 Future Capital Sales Distribution Main 11,600 feet extension of 12 inch distribution main along County Rd 205, Highway 74, to Plant 2 $ 1,500,000 SRF Loan Tax Future Capital Sales County Road 206 Distribution Main 11,700 feet of 12 inch distribution main along County Road 206 from Rt. K to Benton Hill Road $ 1,600,000 SRF Loan Tax Future Capital Sales Cypress Road PRV Pressure Reducing Valve Installation $ 120,000 SRF Loan Tax LaSalle Pressure Zone - Distribution Main 5,600 feet of 12 inch main along future Veterans Memorial Drive north of Indoor Sports Complex, Future Capital Sales Veterans Memorial Drive connecting to County Road 620 $ 1,000,000 SRF Loan Tax Future Capital Sales Old Sprigg St. Distribution Main 2,900 feet of 12 inch main along Old Sprigg St. from Lexington to east of Hidden Valley Dr. $ 700,000 SRF Loan Tax Percy Distribution Main/Interstate 55 1,500 feet of 16 inch main along Percy, to the west side of Interstate 55, connecting at SE corner Future Capital Sales Crossing of Kirchdoerfer Dairy Farm $ 600,000 SRF Loan Tax Capital Improvement Sales Plant 1 Residuals Solids handling improvements at Plant 1 $ 1,000,000 Tax - Water SRF Loan Plant Pressure Zone - Distribution Main and Construct 1,000 feet of 8 inch main, line 2 14 inch mains between Fitzgerald & Green Acres from LaSalle Pressure Zone - Perryville Road Rand to Big Bend. Construct 1,160 feet of 14 inch main along Perryville Road from Sue Annes to Future Capital Sales Distribution Main Monterey and EI Rio to Lakeshore $ 800,000 SRF Loan Tax Veterans Memorial Drive Water Main Future Capital Sales Extension - Phase 1 9,500 feet of 12 inch main along Veterans Memorial Drive from Hopper to Kingshighway $ 1,200,000 SRF Loan Tax Future Capital Sales West Cape Rock Distribution Main 3,300 feet of 12 inch main along West Cape Rock Drive from Shadow Ridge to Big Bend Road $ 750,000 SRF Loan Tax . Projects listing " General Fund " as a potential funding source are subject to budget appropriations FY 2020-25 CIP Environmental Contingent CITY Of CAPE GIRARDEAU Capital Assets - Information Technology Program by Fiscal Year Construction Funding Funding Project Name Project Description Total Year Source Source Information Technology - P FY 20-21 Exchanger Server Upgrade Final Comprehensive Plan includes a complete $ 100,000 2021 ' General Fund City -Wide Rebranding Initiative rebranding/redesign to conform with Strategic Plan $ 50,000 2021 EDA Grant General Fund Fiber Infrastructure Moving / running fiber to Common Pleas City Hall, etc. $ 100,000 2020 ' General Fund Data Archiving Data backup $ 23,000 2020 ' General Fund Gigabyte Network Switches Upgrade 100 Mb to 1 Gb $ 20,000 2020 ' General Fund Network Storage Nimble NAS $ 95,000 2020 ' General Fund Website Refresh Communication system providing seamless communication $ 50,000 2022 ' General Fund FY 23-24 among City departments and other agencies in the state and Radio Interoperability Phase 2A region - Phase 2A, portables and plugins $ 600,000 2021 Fire Sales Tax Casino Communication system providing seamless communication among City departments and other agencies in the state and Radio Interoperability Phase 2B region - Phase 2B, mobiles and plugins $ 600,000 2021 Fire Sales Tax Casino Updated imagery of structures and infrastructure would New Aerials for GIS reduce field verification (divided into 3 payments) - 3 of 3 $ 10,000 2020 Innovation Fund FY 21-22 Exchanger Server Upgrade 5 year upgrade $ 100,000 2021 ' General Fund Network Switch Replacement Upgrade network Infrastructure $ 37,000 2021 ' General Fund FY 22-23 CISCO Phone Upgrade 5 year upgrade $ 97,000 2022 ' General Fund City Web Site Re -Design Redesign of web site to improve customer service and citizen engagement $ 65,000 2022 EDA Grant General Fund Network Storage File storage $ 40,000 2022 ' General Fund Website Refresh 5 year upgrade $ 50,000 2022 ' General Fund FY 23-24 Nimble Storage Upgrade Replace storage array $ 97,000 2023 ' General Fund Upgrade Offsite VM server Disaster recovery $ 40,000 2023 ' General Fund FY 24-25 Data backup storage Backup for server data $ 70,000 2024 ' General Fund Storage Upgrade File server storage $ 67,000 2024 ' General Fund Projects listing "General Fund " as a funding source are subject to budget appropriations FY 2020-25 CIP Capital Assets - IT Program CITY Of CAPE GIRARDEAU Capital Assets - Facilities Program by Fiscal Year Construction Funding Funding Project Name Project Description Total Year Source Source Facilities - FY 20-21 Cape Girardeau Regional Airport - Design and construct set of 10 additional t -hangars and Public -Private City Hall Council Room Audio/Video 10 Additional T -Hangars adjoining pavement $ 1,400,000 2021 Partnership training lab, and live broadcast of City Council meetings Cape Girardeau Regional Airport - 18 new pole barn -style t -hangars to replace the existing Air- 2021 * General Fund Casino Airport Improvement * General Fund 18 Replace Pole Barn T -Hangars Evac t -hangars $ 506,000 2021 Program (90%) (10%) Cape Girardeau Regional Airport - building addition and parking renovation, entryway MoDOT * General Fund Perimeter Fence Fencing around the entire perimeter $ 1,328,000 2021 ($1,195,200) ($132,800) Cape Girardeau Regional Airport - $1,500,000) $ 300,000 2021 PRS2 Replace Airport Corporate Hangar Replace airport corporate hangar $ 750,000 2021 * General Fund City Council/Cape Public School District Partnership Project $ Renovation of Common Pleas Courthouse and annex for City 2021 PRS2 District Five (5) new restroom facilities at Indian Park, Red House Hall facilities to house Administrative and Development Park Restroom Facilities area, and other TBD locations Capital Improvement 70,000 City Hall Services $ 12,000,000 2021 Sales Tax (50%) Casino (50%) Acquire approximately 25 acres, design and build a new 5 - 8 Youth Ballfield Complex (25 Acres) field ballfield complex to replace fields at Arena Park $ 4,500,000 2023 PRS2 Public Safety Trust Fire Station #1 Renovations HVAC and related issues - foundation, etc. $ 84,000 2020 Fund * General Fund Historic Preservation Plan Replace current Historic Preservation Plan adopted in 1999 $ 50,000 2021 HPF Grant (50%) (50%) FY 21-22 Cape Girardeau Regional Airport - Replace Airport Terminal and Air Traffic Capital Improvement Control Tower Airport Terminal and Air Traffic Control Tower Replacement $ 6,800,000 2022 Sales Tax AIP Funding FY 2020-25 CIP Capital Assets - Facilities Program Audio/video/technology equipment/setup for in-house audio City Hall Council Room Audio/Video and video productions, video conferencing, computer lab, Production training lab, and live broadcast of City Council meetings $ 100,000 2021 * General Fund Casino Replace fencing fields #1 - #5, upgrade field lights to LED, install bleacher canopies on fields #2 - #8, maintenance building addition and parking renovation, entryway Shawnee Park Sports Complex Facility and landscaping, and digital signage (total project cost: Field Improvements - Phased Construction $1,500,000) $ 300,000 2021 PRS2 Cape Public School Indoor Aquatic Facility City Council/Cape Public School District Partnership Project $ 10,000,000 2021 PRS2 District Five (5) new restroom facilities at Indian Park, Red House Park Restroom Facilities area, and other TBD locations $ 70,000 2021 PRS2 Complete renovations to building exterior (Old Fire Station #1) River Heritage Museum Improvements which houses the City Museum $ 200,000 2021 PRS2 Acquire approximately 25 acres, design and build a new 5 - 8 Youth Ballfield Complex (25 Acres) field ballfield complex to replace fields at Arena Park $ 4,500,000 2023 PRS2 Public Safety Trust Fire Station #1 Renovations HVAC and related issues - foundation, etc. $ 84,000 2020 Fund * General Fund Historic Preservation Plan Replace current Historic Preservation Plan adopted in 1999 $ 50,000 2021 HPF Grant (50%) (50%) FY 21-22 Cape Girardeau Regional Airport - Replace Airport Terminal and Air Traffic Capital Improvement Control Tower Airport Terminal and Air Traffic Control Tower Replacement $ 6,800,000 2022 Sales Tax AIP Funding FY 2020-25 CIP Capital Assets - Facilities Program CITY Of CAPE GIRARDEAU Capital Assets - Facilities Program by Fiscal Year Construction Funding Funding Project Name Project Description Total Year Source Source Improve infrastructure and access throughout Arena Park Arena Park Master Plan (partnership with (grandstand, lighting/security, parking, barns, trails), SEMO District Fair Board) - Phased relocate/build new ag-center, improve barns and pedestrian Planning / Construction circulation, etc. (total project cost: $1,500,000) $ 15,000 2022 PRS2 Fair Board Five (5) new restroom facilities at Indian Park, Red House Park Restroom Facilities area, and other TBD locations $ 70,000 2022 PRS2 Replace fencing fields #1 - #5, upgrade field lights to LED, install bleacher canopies on fields #2 - #8, maintenance building addition and parking renovation, entryway Shawnee Park Sports Complex Facility and landscaping, and digital signage (total project cost: Field Improvements - Phased Construction $1,500,000) $ 300,000 2022 PRS2 FY 22-23 Cape Girardeau Regional Airport - ARFF Access Road Access road to airport ARFF facility $ 750,000 2024 MoDOT Cape Girardeau Regional Airport - New maintenance facility and building to store airport ARFF Airport Improvement ARFF/SRE Storage Facility and snow removal equipment $ 2,500,000 2024 Program " General Fund Improve infrastructure and access throughout Arena Park Arena Park Master Plan (partnership with (grandstand, lighting/security, parking, barns, trails), SEMO District Fair Board) - Phased Arena Park Master Plan (partnership with (grandstand, lighting/security, parking, barns, trails), circulation, etc. (total project cost: $1,500,000) $ 800,000 2024 PRS2 Fair Board Cape Splash Family Aquatic Center Add to facility via another wading pool area, concession SEMO District Fair Board) - Phased relocate/build new ag-center, improve barns and pedestrian Replace HVAC system, relocate facility guest services/offices, Osage Centre Improvements Planning / Construction circulation, etc. (total project cost: $1,500,000) $ 100,000 2023 PRS2 Fair Board Five (5) new restroom facilities at Indian Park, Red House Park Restroom Facilities area, and other TBD locations $ 70,000 2023 PRS2 Develop neighborhood park in the Red Star area on/near Red Star Neighborhood Park Development flood buy-out property $ 500,000 2023 PRS2 Replace fencing fields #1 - #5, upgrade field lights to LED, install bleacher canopies on fields #2 - #8, maintenance building addition and parking renovation, entryway Shawnee Park Sports Complex Facility and landscaping, and digital signage (total project cost: Field Improvements - Phased Construction $1,500,000) $ 300,000 2023 PRS2 FY 23-24 Cape Girardeau Regional Airport - ARFF Access Road Access road to airport ARFF facility $ 750,000 2024 MoDOT Cape Girardeau Regional Airport - New maintenance facility and building to store airport ARFF Airport Improvement ARFF/SRE Storage Facility and snow removal equipment $ 2,500,000 2024 Program " General Fund FY 2020-25 CIP Capital Assets - Facilities Program Improve infrastructure and access throughout Arena Park Arena Park Master Plan (partnership with (grandstand, lighting/security, parking, barns, trails), SEMO District Fair Board) - Phased relocate/build new ag-center, improve barns and pedestrian Planning / Construction circulation, etc. (total project cost: $1,500,000) $ 800,000 2024 PRS2 Fair Board Cape Splash Family Aquatic Center Add to facility via another wading pool area, concession Expansion - Phase 3 stand/restroom building $ 2,000,000 2025 PRS2 Replace HVAC system, relocate facility guest services/offices, Osage Centre Improvements provides for resurfacing of parking lot $ 800,000 2024 PRS2 FY 2020-25 CIP Capital Assets - Facilities Program CITY Of CAPE GIRARDEAU Capital Assets - Facilities Program by Fiscal Year Construction Funding Funding Project Name Project Description Total Year Source Source Five (5) new restroom facilities at Indian Park, Red House Park Restroom Facilities area, and other TBD locations $ 70,000 2024 PRS2 Replace fencing fields #1 - #5, upgrade field lights to LED, install bleacher canopies on fields #2 - #8, maintenance building addition and parking renovation, entryway Shawnee Park Sports Complex Facility and landscaping, and digital signage (total project cost: Field Improvements - Phased Construction $1,500,000) $ 300,000 2024 PRS2 Replace the A/C units for the MCC at Plant #1 Water Wells Capital Improvement Motor Control Center A/C Unit Replacement #1, #2, #3, & #4 $ 90,000 2024 Sales Tax FY 24-25 Cape Girardeau Regional Airport - Fuel 2x 20,000 gallon tanks for airport/Cape Aviation would Airport Improvement Farm increase capacity of both jet and 100LL fuel $ 600,000 2025 Program ' General Fund Improve infrastructure and access throughout Arena Park Arena Park Master Plan (partnership with (grandstand, lighting/security, parking, barns, trails), SEMO District Fair Board) - Phased relocate/build new ag-center, improve barns and pedestrian Planning / Construction circulation, etc. (total project cost: $1,500,000) $ 585,000 2025 PRS2 Fair Board Material and labor to sandblast, patch, remove calk from all Cape Splash - Lazy River and Lap Pool joints of the pool and re -calk. Apply two coats of paint, Painting including all depth markers and striping. $ 77,000 2025 PRS2 Parking/drive asphalt overlay, repairs/replaces the entryway to City Cemetery Improvements Old Lorimier and repairs mausoleum, etc. $ 250,000 2025 PRS2 Replace the cart shed and maintenance building, improve Jaycee Golf Course Improvements parking, and replace course turf $ 500,000 2025 PRS2 Partner or aquire land in which to develop two neighborhood Neighborhood Parks (South Cape) parks in South Cape area $ 800,000 2025 PRS2 Five (5) new restroom facilities at Indian Park, Red House Park Restroom Facilities area, and other TBD locations $ 70,000 2025 PRS2 Replace fencing fields #1 - #5, upgrade field lights to LED, install bleacher canopies on fields #2 - #8, maintenance building addition and parking renovation, entryway Shawnee Park Sports Complex Facility and landscaping, and digital signage (total project cost: Field Improvements - Phased Construction $1,500,000) $ 300,000 2025 PRS2 * Projects listing "General Fund " as a funding source are subject to budget appropriations FY 2020-25 CIP Capital Assets - Facilities Program CITY off_ GAPE GIRARDEAU Capital Assets - Facilities Contingent Program Potential Funding Potential Funding Project Name Project Description Total Source Source Facilities - Contin Renovate for Customer Serivice Renovate City facilities for utility customer service $ 1,000,000 TBD City -Wide - Facility Access Card Readers Install key -card readers at Fire Station #1, #3, Public Works, Wastewater Treatment Plant, Transfer Station, Osage, Cape Splash, City Hall, Arena Building, and Shawnee Sports Center $ 306,000 Innovation Fund Relocate Fire Station #1 Building has reached end of its 50 -year life span and relocate for service delivery $ 6,000,000 TBD Fire Department - Regional Training Center Training tower and burn building $ 1,339,000 Future Tax Fire Department - Training Site Installation of security fence, water, electric, lighting, drainage, and doors, windows, and steps $ 160,000 Fire Sales Tax Fire Station #1 - Rear Parking Lot Demo existing curbing - install new light pole - pave gravel parking lot $ 56,000 TBD Fire Station #1 - South Addition Additional bay/storage/gear storage/gym $ 895,000 TBD New Fire Station #5 New Fire Station in the northern or southern portion of the City, dependent upon future growth trends $ 4,000,000 Future Tax Firearms Range To purchase property and build a firearms range suitable for pistols and rifles. The range will be used for ongoing training, as well as required annual certification. The range can also be used by other regional law enforcement agencies. $ 644,000 Grants / Donations Phase II of the Public Safety Trust Fund Cape Rock Park Improvements Improve ADA accessibility to the park, improved parking, lighting and historic representation of the park property (for FY2026-27) $ 500,000 PRS2 Osage Centre Drivit Repair / Paint Exterior Drivit Repair/ Paint Exterior $ 84,000 PRS2 Kiwanis Park Improvements Internal park trail system $ 50,000 Grant Casino Missouri Park - Phased Improvements Phased improvements to Missouri Park $ 105,000 TBD Jaycee Municipal Golf Course - New Shelter Replace existing shelter $ 50,000 Parks Foundation Jaycee Municipal Golf Course - Pro Shop Replace the old pro shop at the Municipal Golf Course $ 100,000 TBD Osage Centre - Commercial Tile Replace the original tile floor in the gym $ 124,000 TBD Osage Centre - Gym Curtain/Divider Replace the two (2) original 50' curtains/dividers in the gym $ 51,000 TBD Osage Centre - Upgrade Sound System Update sound system on main floor and meeting rooms $ 62,000 TBD Osage Park Improvements Move sand volleyball courts from Arena Park to Osage Park and add a shelter due to the widening of the Cape La Croix Trail at Arena Park $ 50,000 TBD Shawnee Park Center Addition Expand Shawnee Park Center on the North East side of the facility (for FY2026-27; $ 650,000 PRS2 Shawnee Park Center Generator Addition of a generator to the facility will provide access to City services during times of power outages and disaster $ 350,000 TBD Grant Shawnee Park Sports Complex - Awards Area by Soccer Fields Develop an area for participants and teams to take pictures and receive awards $ 50,000 TBD Shawnee Park Sports Complex - Concession / Restroom Facility Upgrade Improve storage, concession and restroom facilities at football / soccer fields #13 & #14 $ 215,000 Parks Foundation Shawnee Park Sports Complex - Extend Concession Patio 40' Extension off of West side of Concession Building A $ 192,000 TBD Shawnee Park Sports Complex - Fencing Behind Fields #13 & #14 Install fencing to the East of football fields #13 & #14 by hillside $ 100,000 TBD Shawnee Park Sports Complex - New Shelters Shelter built in-house for softball fields $ 200,000 TBD FY 2020-25 CIP Capital Assets - Facilities Contingent CITY off_ GAPE GIRARDEAU Capital Assets - Facilities Contingent Program Project Name Project Description Potential Funding Potential Funding Total Source Source Shawnee Park Sports Complex - To provide permanent concessions and restrooms for participants on soccer fields #10, #11, and New Soccer Concessions and Restrooms #12 (West End) $ 150,000 Parks Foundation Shawnee Park Sports Complex - P.A. System P.A. system located at the Shawnee Park Sports Complex for making announcements $ 120,000 TBD Washington Park - Phased Improvements Phased improvements to Washington Park, shelter and playground $ 105,000 Grant Casino Public Works Facility - Equipment Pole Barn 150'x40' metal building with open front for equipment storage $ 210,000 TBD * Projects listing "General Fund "as a potential funding source are subject to budget appropriations FY 2020-25 CIP Capital Assets - Facilities Contingent CITY of CARE GIRARDEAU Capital Assets - Fleet Program by Fiscal Year Department Replacement Cost Fleet/Rolling Stock - Program FY 20-21 $ 240,000 Police Department $ 238,300 Parks and Recreation $ 339,000 Airport $ 49,836 Fire Department $ 27,299 Nuisance Abatement $ 28,836 Sewer Maintenance $ 368,459 Stormwater $ 499,567 Street $ 451,069 Wastewater $ 35,603 Water $ 1,294,427 FY 20-21 Estimated Replacement Cost Total: $ 3,332,396 FY 21-22 $ 1,366,150 Police Department $ 240,683 Parks and Recreation $ 201,000 Airport $ 21,226 Fire Department $ 69,900 Nuisance Abatement $ 57,566 Sewer Maintenance $ 282,403 Street $ 192,232 Solid Waste Residential $ 1,174,716 Water $ 192,120 FY 20-21 Estimated Replacement Cost Total: $ 2,431,846 FY 22-23 Police Department $ 240,000 Parks and Recreation $ 195,000 Engineering $ 64,640 Inspection $ 26,377 Sewer Maintenance $ 184,408 Stormwater $ 35,550 Solid Waste Recycling $ 45,158 Water $ 151,094 FY 20-21 Estimated Replacement Cost Total: $ 942,227 FY 23-24 Police Department $ 240,000 Parks and Recreation $ 249,000 Engineering $ 36,532 Street $ 602,969 Solid Waste Recycling $ 48,750 FY 20-21 Estimated Replacement Cost Total: $ 1,177,251 FY 24-25 Police Department $ 240,000 Parks and Recreation $ 192,000 Sewer Maintenance $ 628,775 Street $ 102,200 Water $ 203,175 FY 20-21 Estimated Replacement Cost Total: $ 1,366,150 Capital Assets Fleet - Program Total: $ 9,249,869 FY 2020-25 CIP Capital Assets - Fleet Program CITY of CAFE GIRARDEAU Capital Assets - Fleet Contingent by Fiscal Year Replacement Department Cost Fleet/Rolling Stock - Contingent Parks and Recreation $ 131,500 Airport $ 28,843 Capital Assets Fleet - Contingent Total: $ 160,343 FY 2020-25 CIP Capital Assets - Fleet Contingent CITY of CAPE GIRARDEAU Capital Assets - Non -Fleet Equipment Contingent Program Potential Funding Potential Funding Project Name Project Description Total Source Source Non -Fleet Equipment - Contingent Fire Department -Outdoor Warning Sirens Hopper Road - JC Golf Course -Whispering Oaks -Notre Dame HS -Bloomfield -Airport $ 150,000 TBD Projects listing " General Fund " as a potential funding source are subject to budget appropriations FY 2020-25 CIP Capital Assets - Non -Fleet Contingent Staff: Bruce Taylor, Deputy City Clerk Agenda: 1/21/2020 SUBJECT Approval of the January 6, 2020, City Council regular session and closed session minutes. ATTACHMENTS: Name: Descdption: D DRAFT 2020.01.06 Reeularsessionnnutes.pdf Minutes 2020-01-06 regular session DRAFT Regular January 6, 2020 KK -307 STUDY SESSION — January 6, 2020 M ICKTO MCUM1►:1.4Dies11i1 ilele1111 I 1xS1111QW] DMI4[17121 The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Monday, January 6, 2020, starting at 5:00 p.m. with Mayor Bob Fox presiding and Council Members Ryan Essex, Robbie Guard, Shelly Moore, Dan Presson, and Nate Thomas present. Stacy Kinder was absent. REGULAR SESSION — November 18 2019 CALL TO ORDER The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Monday, January 6, 2020, at 5:23 p.m., with Mayor Bob Fox presiding and Council Members Ryan Essex, Robbie Guard, Shelly Moore, Dan Presson, and Nate Thomas present. Stacy Kinder was absent. ADOPTION OF THE AGENDA A Motion was made by Robbie Guard, Seconded by Dan Presson, to adopt the Agenda. Motion passed. 6-0. Ayes: Essex, Fox, Guard, Moore, Presson, Thomas. Absent: Kinder PUBLIC HEARINGS A public hearing to consider a request to rezone property at 623 Perry Avenue from R-3 (High Density Single -Family Residential District) to C-1 (General Commercial District). Mayor Bob Fox opened the public hearing. There being no appearances the public hearing was closed. APPEARANCES None. CONSENT AGENDA Approval of the December 16, 2019, City Council regular session and closed session minutes. BILL NO. 20-01, a Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with RAD Investments, Inc., for Auburn Park Place One, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 20-02, a Resolution authorizing the City Manager to execute a Lease Agreement with the Federal Aviation Administration, at the Cape Girardeau Regional Airport. Reading and Passage. BILL NO. 20-04, a Resolution authorizing the City Manager to execute an Agreement with the Community Partnership of Southeast Missouri, for 2020 Emergency Solutions Grant Funds from the Missouri Housing Development Commission, in the City of Cape Girardeau, Missouri. DRAFT Regular January 6, 2020 KK -308 Reading and Passage. BILL NO. 20-05, a Resolution authorizing the City Manager to execute an Agreement with Catholic Charities of Southern Missouri, for 2020 Emergency Solutions Grant Funds from the Missouri Housing Development Commission, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 20-06, a Resolution authorizing the City Manager to execute an Agreement with The Salvation Army, for 2020 Emergency Solutions Grant Funds from the Missouri Housing Development Commission, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 20-07, a Resolution authorizing the City Manager to execute an Agreement with the Safe House for Women, Inc., for 2020 Emergency Solutions Grant Funds from the Missouri Housing Development Commission, in the City of Cape Girardeau, Missouri. Reading and passage. BILL NO. 20-08, a Resolution authorizing the City Manager to execute a Release of Lien for property located at 923 East Rodney Drive, under the Federal Home Loan Bank Affordable Housing Grant Program, in the City of Cape Girardeau, Missouri. Reading and Passage. A Motion was made by Robbie Guard, Seconded by Dan Presson, to approve and adopt. Motion passed. 6-0. Ayes: Essex, Fox, Guard, Moore, Presson, Thomas. Absent: Kinder BILL NO. 20-01 will be Resolution No. 3302; BILL NO. 20-02 will be Resolution No. 3303; BILL NO. 20-04 will be Resolution No. 3304; BILL NO. 20-05 will be Resolution No. 3305; BILL NO. 20-06 will be Resolution No. 3306; BILL NO. 20-07 will be Resolution No. 3307; and BILL NO. 20-08 will be Resolution No. 3308. BILL NO. 20-03, an Ordinance authorizing the City Manager to execute a Traffic Engineering Assistance Program Agreement with the Missouri Highways and Transportation Commission, for the Kiwanis Drive Corridor Study, in the City of Cape Girardeau, Missouri. First Reading. Council Members asked details about the scope of the study area. Deputy City Manager Molly Mehner answered that it will be the general corridor area of Broadview Street, Kiwanis Drive, and Maria Louise up to Kingshighway. The study will collect data that maybe used in future projects. A Motion was made by Dan Presson, Seconded by Nate Thomas, to approve. Motion passed. 6-0. Ayes: Essex, Fox, Guard, Moore, Presson, Thomas. Absent: Kinder BILL NO. 20-09, an Ordinance approving the record plat of Auburn Park Place One. First Reading. A Motion was made by Ryan Essex, Seconded by Robbie Guard, to approve. Motion passed. 6-0. Ayes: Essex, Fox, Guard, Moore, Presson, Thomas. Absent: Kinder BILL NO. 20-10, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at 623 Perry Avenue, in the City and County of Cape Girardeau, Missouri, from R-3 to C-1. First Reading. DRAFT Regular January 6, 2020 KK -309 A Motion was made by Dan Presson, Seconded by Ryan Essex, to approve. Motion passed. 6-0. Ayes: Essex, Fox, Guard, Moore, Presson, Thomas. Absent: Kinder BILL NO. 20-11, an Ordinance authorizing the City Manager to execute an Agreement between the City of Cape Girardeau, the Cape Girardeau Police Department and the United States Department of Justice for the purpose of housing Federal prisoners, in the City of Cape Girardeau, Missouri. First Reading. Council Member Robbie Guard spoke in favor of the agreement and he commended staff on their work on the project that will help increase the City's revenue. A Motion was made by Robbie Guard, Seconded by Nate Thomas, to approve. Motion passed. 6-0. Ayes: Essex, Fox, Guard, Moore, Presson, Thomas. Absent: Kinder APPOINTMENTS Appointment of Census 2020 Complete Count Committee and Chair A Motion was made by Ryan Essex, Seconded by Nate Thomas, to authorizing the formation of a Census 2020 Complete Count Committee, to appoint Melissa Stickel as the Chairperson of the Committee, and to direct the Chairperson to select Committee Members from various community sectors to serve on the Committee. Mayor Bob Fox asked Melissa Stickel to speak to Council about the Census and work that the 2020 Complete Count Committee will do. Ms. Stickel introduced herself as the Director of the Community Partnership of Southeast Missouri. She said that the Partnership had received a grant to educate the public on the importance of participating in the Census. The Committee would work to inform residents through various sectors, such as education, government, businesses, churches, and media, that their response to Census survey help bring Federal funding to the area. Motion passed. 6-0. Ayes: Essex, Fox, Guard, Moore, Presson, Thomas. Absent: Kinder MEETING ADJOURNMENT A Motion was made by Robbie Guard, Seconded by Ryan Essex to adjourn from regular session and to convene to closed session for legal actions and litigation, and confidential communications with legal counsel, and personnel matters, pursuant to RSMo. Sections 610.021(1) and (3). Motion passed. 6-0. Ayes: Essex, Fox, Guard, Moore, Presson, Thomas. Absent: Kinder The Regular Session ended at 5:35 p.m. Bob Fox, Mayor Staff: Kelly Green, P.E. City Engineer Agenda: 1/21/2020 SUBJECT An Ordinance authorizing the City Manager to execute a Traffic Engineering Assistance Program Agreement with the Missouri Highways and Transportation Commission, for Kiwanis Drive Corridor Study, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached agreement would allow the City to perform the Kiwanis Drive Corridor Study in Cape Girardeau. The Kiwanis Drive corridor is located between Optimist Drive and Maria Louise Lane/N. Broadview Street. The corridor study includes the analysis of various possible solutions to determine which would be the best, cost efficient and feasible option to improve the existing safety and congestion concerns. BACKGROUND/DISCUSSION The City applied for and was awarded a Traffic Engineering Assistance Program (TEAP) grant administered through the Missouri Department of Transportation. The grant application is attached. FINANCIAL IMPACT The TEAP grant program is an 80/20 match. TEAP will fund 80% or up to a total of $8,000 per project. For the corridor study, TEAP will fund $8,000. The City will fund $2,000. STAFF RECOMMENDATION Staff recommends the Council approve the Ordinance authorizing the City Manager to enter into a Traffic Engineering Assistance Program Agreement with the Missouri Highways and Transportation Commission for Kiwanis Drive Corridor Study, in the City of Cape Girardeau, Missouri, contingent upon MoDOT approval. ATTACHMENTS: Name: Description: © MODOT Aereement TEAP Kiwanis Drive Study.doc Ordinance D TEAP PROGRAM APPLICATION.PDF TEAP Application D TEAP032=Agreemcnt.pdf MoDOT Agreement BILL NO. 20-03 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A TRAFFIC ENGINEERING ASSISTANCE PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, FOR THE KIWANIS DRIVE CORRIDOR STUDY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. The City Manager is hereby authorized to execute, on behalf of the City, a Traffic Engineering Assistance Program (TEAP) Agreement, with the Missouri Highways and Transportation Commission, for the Kiwanis Drive Corridor Study in the City of Cape Girardeau, Missouri, and the City Clerk is hereby authorized to attest to said document and to affix the seal of the City thereto. This Agreement is contingent upon MoDOT approval. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, with such changes therein as shall be approved by the 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 , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk TRAFF I C ENGINEERING ASSISTANCE PROGRAM (TEAP) PRCGRAM APPLICATION (Program it k rmation avant abler iri EF G 1361.3.81.11; Projekt # (to Be ws;igned by MbL OT A. LICCALI PUBLIC AGONCY (IJFA) INFORMATION Applliciadon Date: Spon sor Name: C i ty of I Capel G it ardeau Coritacl Penson: Allwi McElro) Title: Direictor ciflDciviclopment Serm:icicis A c dreiss: 4011 Independenec Stied Ci I y: C apes G ii ardeau Slate: MO 2 ip: 6:170:1 Pl cmc : 173-4714-327 Pax: 9 ?I-:139-6?I(1?I Erre ail: arriaE Inay Q11ycifQapeC inardE au.oi a Co -Sponsor Name: Coritacl Pcii ions: Tittle: Acdress: Ph tinct flax: B. BA`IIC PROJECT INFORM RTIC N City: _ Ema;i l : States: _ aip: hajecl T:ille: Kiwaniis IYvc Corridor Sludy MaDC 11 Di sl rict: Sauthoasl Di sl ri ct Cour. ty: Caper Girardeau Meitropolitan 1111m iinig Crganizatior. (if atpllicahlci): Southeast Metrapo:liitan Planning Organiizalion If sellcetad, vuh at yam woullc slue y recommandalions bei implemenlad by 111a LPA`? BY 2(1 10 C. PROJECT LC CAT ION IN FC RMIA T ION 11. Where is the praject located? Altachl a map no lar gci than S 1/2 inches by 11 ir. des. Tha project 's llciaated in tba City oflCape Girardeau along Kiwaris Driva from 11a "Warsecition oft Optimist Drivci to Mara Louise Bane/N. Broadv'a w Strecit 2. Please check the appropriate box for each question. D Is the project a component or an extension of a previous or future transportation federal aid project? If so, give the project number: If so, explain relationship: Yes ❑ No ❑X ➢ Does the project sponsor own the right of way? Yes © No ❑ ➢ Does any part of the project study limits fall on MoDOT right of way? Preference will be given to off -system studies. Yes ❑ No ➢ If yes, does the project sponsor have approval from appropriate MoDOT District Traffic Engineer (no duplication of services)? Yes ❑ No ❑ D. PROJECT DESCRIPTION Please provide a concise overview of the project by answering questions and providing data in the following sub -sections. Drawings no larger than 8 1/2 inches by 11 inches may be attached to the back of this application. 1. Project Activities and Tasks Check all that apply. A project may overlap categories. ® Corridor Safety and/or Operational Analysis ® Intersection Safety and/or Operational Analysis ❑ Speed Limit Review ❑ Pedestrian Safety and/or Operational Analysis ❑ Bicycle Safety and/or Operational Analysis ❑ Inventories (sign, sidewalk, bicycle facilities, etc.) ❑ Parking Analysis ❑ Other, explain ❑ ADA Transition Plan (ADA Transition Plan work may utilize Trails & Sidewalk or TEAP category from MoDOT LPA Consultant On -Call List) 2. Project Overview Define what problem or need the project will address and provide a brief summary of the project. Define the problem or need: The City wishes to improve the corridor of Kiwanis Drive between Optimist Drive and Maria Louise Lane/N. Broadview Street in order to address safety and congestion concerns. Project summary and how the problem will be addressed: The City intends to fund a construction project to improve the traffic flow of Kiwanis Drive at Maria Louise Lane/N. Broadview Street. Before developing a scope and budget, the wishes to hire a consultant to analyze the various possible solutions to determine which would be best, most efficient, cost effective and feasible. Once the best solution is determined, the City will fund a construction project to address the issues. 3. Project Details Provide a brief description to each category listed below as to how it applies to the project. "Engineering Resources" - Refers to the LPA's own staffed traffic engineering resources. The City of Cape Girardeau has thirteen full-time staff members dedicated to engineering services. The Engineering Division oversees the public and private investments within the city limits of Cape Girardeau, ensuring that all specifications and standards are met. The Department of Public Works also has a staff member dedicated to the management of the Street & Traffic Division who has the ability to assist with traffic planning and traffic counts. "Safety" - Refers to the degree to which traffic safety is addressed via the project. The consultant's primary responsibility will be to collect data and to review the current traffic flow along the corridor. The consultant will then have the data to recommend improvements that will improve safety and increase the level of service. The intersection of Maria Louise Lane/N. Broadview Street/Kiwanis Drive is in close proximity of the signal at N. Kingshighway (US 61)/ Kiwanis Drive/N. Cape Rock Drive Traffic from Maria Louise Lane and N. Broadview Street stop at Kiwanis. When vehicles try to pull onto Kiwanis Drive from the two side streets, it is often unsafe because of the proximity of the intersection to the signalized intersection. "Congestion" - Refers to the degree to which traffic congestion is addressed via the project. In addition to making recommendations that could increase safety, the consultant will be asked to provide information on ways to increase the level of service. Traffic in this area is heavy during peak hours and has been compounded by the recent location of the city's police station on Maria Louise Lane In addition, Kiwanis Drive serves as one of the main entrances to a busy city park that hosts sporting events, the district fair, craft shows and many other community events and activities year-round. The convergence of the three streets close to a traffic signal causes congestion when vehicles from N. Broadview Street and Maria Louise Lane can't pull on to Kiwanis Drive as vehicles are waiting for the signal. "Innovation" - Refers to countermeasures being considered (roundabouts, flashing yellow arrow, j - turns, prismatic sheeting, etc.). The City is open to countermeasures such as relocating intersections, constructing roundabouts, and/or other street relocations that might be effective in this particular situation. The City has used these innovative countermeasures in other areas of the community. The City is open to being innovative in any way possible but is currently unsure of the most effective solution. An analysis is required to help determine best solution. "Implementation" - Refers to the feasibility of the LPA following through with changes as a result of the project. The City has determined that it will fund a project to implement changes at this intersection. Therefore, this analysis will be crucial to help determine what changes should be funded. Transportation Trust Fund 6, a'/z cent sales tax, is an opportunity to fund such implementation. At the initial public meeting held on September 18 citizens voted quite highly in favor for the improvements in the area. Additional input will be sought out at another public meeting on September 25. "Value" - Refers to the overall gain the project could offer compared to the total cost. There is significant value in appropriately planning for sizeable public investment. Plans such as this, allow for the next logical phase to be determined and leads to design work on the recommendations provided within the study. The final project to improve the corridor and intersections could ultimately be quite costly. The initial analysis to determine the best solution could result in significant savings to the project by providing the most cost effective and best solution to the problem. E. GENERAL COST ESTIMATE List the cost of the project components in the table provided below. Federal funds can reimburse 80 percent (up to $8,000 per project) of the total project cost. Non-federal matching funds (at least 20%) may come from the LPA's resources or from a third -party donation to the LPA for cash, materials or labor. Example #1: Total Project Cost: $15,000 HSP/TT Funds: $15,000 x.80 = $12,000 BUT the max is $8,000 LPA: $15,000 * .20 = $3,000 (Plus the overage of $4,000 of the federal share) = $7,000 Example #2: Total Project Cost: $5,000 HSP/TT Funds: $5,000 x.80 = $4,000 LPA: $5,000 x .20 = $1,000 TASKS FEDERAL SHARE NON-FEDERAL (surveying, traffic counts, TASK TOTALo REQUEST (80% of project total, MATCH o (Project total — 80% of conceptual report, final up to $8,000 per project total, at least report, etc.) project) 20%) 1. Data Collection $ 8,000 2. Preliminay Concepts $ 2,000 3. $ 4. $ 5. $ PROJECT TOTAL $ 10,000 $ 8,000 $ 2,000 F. PUBLIC INVOLVEMENT AND PARTNERSHIRE Descuiibe Ihti pubhia invo]vemcirt autraachl acativilies Ihca LPA Has complleited, or :inilands to coiinpllcite, :in order to gain sul port fhr this plro jecC Also dasaribe any partnerships that will ba davcilopcid as a part ofl this projact. Dascruibea anyi anticipated applosition to thea project and Low Thal oppositions wiE be adOici, sed. Several) public forums hosted bYe the CitY1 ofl Cape Giriardoau to cistiuss potential publica solutiones have arid vwiE ocacur. Tramparlatlan Trust Fund E Pubhica Mcietiings ware healld on Sciplcrmber 18 and vwi]ll bei bend on Sepltembear 23. At thea Sepileimber 18111 meaelling, thea City) of Caple Girardeau heamid that valcus vwere highllyl :in favor foci implrovennents al this ir.itetiscaatkini. Upon thea traffic analysis complealion, an additional publlic foram may) ba hosted to discuss the data and rucaommendati ons. In addition to pubhica I articipalion, this ptiojecd vwi]]l :inalluca a tuarn aft partners vwolikinili colllacativeal31 la kar.itify feasib]a ,allulionis lla enhanicaing traffia. Tcaam vwil] inc]uidea tha Cetyl of Cape Girardeau, inalluding iha Politica Delartment and the Packs Department, SEMO Distriicat Fair Bamid, the Cape Girardeaau Area Chlambur of Commuraa, and SoulLcaa,al M catropolitari Planning Organization. G. PAEIT EXPERION CB E riicafY31descrit o the LPA's past axpleriianicae vwith the impllemantation of simi1* plrojtiat, . Inclludea the eaxpearience level of tha caansultanl, enliinaer, etu., if appllicablla. Thea Cily of Carle Girardeaau Eavieloplment Salvices Deplarment has extunsive experiemaa in designing, managing, avid imp] emeniing civil ciin&cicarinig pro jecds wilLin 1Iha city] limits of Capa Cirardeaau. Staff hxi issued and managed a larga amount of caonsultanl contracts thlall external131 revicaw Wa canditiians and proposca transportall i on : mpriovemenl s. H. FISCAL YEP R REQUESTING AUNDS1 TEA Pis now on a Iwo yams program schedule. Funids cane canny be uxpcanidcid ini lrlca ycaali they) alie awaandcad. Plcmmi indiaatea whiah year you ptafer ylowi projecd to ba funded. All atlampt,a will ba made to hanori Lhasa rcaquciisis buil you maYlbe askod to iiml111ament your praj act earlier or later. C FYI 3020 ❑FYI 30211 C No Pref cirenau /Z 9j 0� � A-Z9,q Slponisor s4miiituiie Date CCO Form: FS26 Approved: 01/15 (MWH) Revised: 03/17 (MWH) Modified: 11/19 (MWH) CFDA Number: CFDA #20.205 CFDA Title: Highway Planning and Construction Award name/number: TEAP032 Award Year: 2020 Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TRAFFIC ENGINEERING ASSISTANCE PROGRAM AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "City"). WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The United States Congress has authorized, in 23 U.S.C. 402, Planning and Research funds to be used for Traffic Engineering Assistance Program (TEAP) activities. The purpose of this Agreement is to grant the use of such Traffic Engineering Assistance Program funds to the City. (2) LOCATION: The TEAP funds which are the subject of this Agreement are for the project at the following location: On Kiwanis Drive between Optimist Drive and Maria Louise Lane/Broadview Street in the City of Cape Girardeau. The general location of the project is shown on attachment marked "Exhibit A" and incorporated herein by reference. (3) REASONABLE PROGRESS POLICY: The project as described in this agreement is subject to the reasonable progress policy set forth in the Local Public Agency (LPA) Manual and the final deadline specified in Exhibit B attached hereto and incorporated herein by reference. In the event, the LPA Manual and the final deadline within Exhibit B conflict, the final deadline within Exhibit B controls. 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. The City may not be eligible for future TEAP Funds if the City does not meet the reasonable progress policy. (4) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the Commission, including its members and the Missouri Department of Transportation (MoDOT or Department) employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the City'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. (5) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the City and the Commission. (6) COMMISSION REPRESENTATIVE: The Commission's State Design 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. 2 (7) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the City agrees as follows: (A) Civil Rights Statutes: The City shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S.C. §12101, et seq.). In addition, if the City is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the "Americans with Disabilities Act". (B) Administrative Rules: The City shall comply with the administrative rules of the United States Department of Transportation relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (49 C.F.R. Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The City shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by 49 C.F.R. §21.5, including employment practices. (D) Solicitations for Subcontracts, Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the City. These apply to all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the City of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (E) Information and Reports: The City shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the United States Department of Transportation to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Commission or the United States Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the information. (F) Sanctions for Noncompliance: In the event the City fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the United States Department of Transportation may 3 determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the City complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The City shall include the provisions of paragraph (7) of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the United States Department of Transportation. The City will take such action with respect to any subcontract or procurement as the Commission or the United States Department of Transportation may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the City becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the United States to enter into such litigation to protect the interests of the United States. (8) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (9) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (10) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the City with written notice of cancellation. Should the Commission exercise its right to cancel this Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the City. (11) ACCESS TO RECORDS: The City and its contractors must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at no charge to the Federal Highway Administration (FHWA) and the Commission and/or their designees or representatives during the period of this Agreement and any extension, and for a period of three (3) years after the date on which the City receives reimbursement of their final invoice from the Commission. (12) FEDERAL -AID PROVISIONS: Because responsibility for the performance of all functions or work contemplated as part of this project is assumed by the City, and the City may elect to construct part of the improvement contemplated by this Agreement with its own forces, a copy of Section II and Section III, as contained in the United States Department of Transportation Form Federal Highway Administration (FHWA) FJ 1273 "Required Contract Provisions, Federal -Aid Construction Contracts," is attached and made a part of this Agreement as Exhibit C. Wherever the term "the contractor" or words of similar import appear in these sections, the term "the City" is to be substituted. The City agrees to abide by and carry out the condition and obligations of "the contractor" as stated in Section II, Equal Opportunity, and Section III, Nonsegregated Facilities, as set out in Form FHWA 1273. (13) PLANS: The City shall prepare preliminary and final plans and specifications for the herein improvements. The plans and specifications shall be submitted to the Commission for the Commission's review and approval. The Commission has the discretion to require changes to any plans and specification prior to any approval by the Commission. (14) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government, the Commission and by the City as follows: (A) Any federal funds for project activities shall only be available for reimbursement of eligible costs which have been incurred by the City. Any costs incurred by the 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 $8,000.00. The calculated federal share for seeking federal reimbursement of participating costs for the herein improvements will be determined by dividing the total federal funds applied to the project by the total participating costs. Any costs for the herein improvements which exceed any federal reimbursement or are not eligible for federal reimbursement shall be the sole responsibility of City. The Commission shall not be responsible for any costs associated with the herein improvement unless specifically identified in this Agreement or subsequent written amendments. (15) PROGRESS PAYMENTS: The City may request progress payments be made for the herein improvements as work progresses but not more than once every two weeks. Progress payments must be submitted monthly. The City shall repay any progress payments which involve ineligible costs. (16) PROMPT PAYMENTS: Progress invoices submitted to MoDOT for reimbursement more than thirty (30) calendar days after the date of the vendor invoice shall also include documentation that the vendor was paid in full for the work identified in the progress invoice. Examples of proof of payment may include a letter or e-mail from the vendor, lien waiver or copies of cancelled checks. Reimbursement will not be made on these submittals until proof of payment is provided. Progress invoices submitted to MoDOT for reimbursement within thirty (30) calendar days of the date on the vendor invoice will be processed for reimbursement without proof of payment to the vendor. If the City has not paid the vendor prior to receiving reimbursement, the City must pay the vendor within two (2) business days of receipt of funds from MoDOT. 5 (17) PERMITS: The City shall secure any necessary approvals or permits from any federal or state agency as required for the completion of the herein improvements. If this improvement is on the right of way of the Commission, the City must secure a permit from the Commission prior to the start of any work on the right of way. The permits which may be required include, but are not limited to, environmental, architectural, historical or cultural requirements of federal or state law or regulation. (18) INSPECTION OF IMPROVEMENTS AND RECORDS: The City shall assure that representatives of the Commission and FHWA shall have the privilege of inspecting and reviewing the work being done by the City's contractor and subcontractor on the herein project. The City shall also assure that its contractor, and all subcontractors, if any, maintain all books, documents, papers and other evidence pertaining to costs incurred in connection with the TEAP Agreement, and make such materials available at such contractor's office at all reasonable times at no charge during this Agreement period, and for three (3) years from the date of final payment under this Agreement, for inspection by the Commission, FHWA or any authorized representatives of the Federal Government and the State of Missouri, and copies shall be furnished, upon request, to authorized representatives of the Commission, State, FHWA, or other Federal agencies. (19) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, OR SERVICES: A person may offer to donate funds, materials or services in connection with this project. Any donated funds, or the fair market value of any donated materials or services that are accepted and incorporated into this project shall be credited according to 23 U.S.C. §323. (20) DISADVANTAGED BUSINESS ENTERPRISES (DBE): The Commission will advise the City of any required goals for participation by disadvantaged business enterprises (DBEs) to be included in the City'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. (21) 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. (22) 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. (23) FINAL AUDIT: The Commission may, in its sole discretion, perform a final audit of project costs. The United States Government shall reimburse the City, through the Commission, any monies due. The City shall refund any overpayments as 6 determined by the final audit. (24) AUDIT REQUIREMENT: If the City expends seven hundred fifty thousand dollars ($750,000) or more in a year in federal financial assistance it is required to have an independent annual audit conducted in accordance with 2 CFR Part 200. A copy of the audit report shall be submitted to MoDOT within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Subject to the requirements of 2 CFR Part 200, if the City expend(s) less than seven hundred fifty thousand dollars ($750,000) a year, the City may be exempt from auditing requirements for that year but records must be available for review or audit by applicable state and federal authorities. (25) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006: The City shall comply with all reporting requirements of the Federal Funding Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is subject to the award terms within 2 C.F.R. Part 170. Remainder of Page Intentionally Left Blank 7 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this day of Executed by the Commission this MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title ATTEST: Secretary to the Commission Approved as to Form: Commission Counsel 8 , 20_ day of .20 CITY OF CAPE GIRARDEAU By Title ATTEST: By Title Approved as to Form: Title Ordinance No 0 Exhibit B — Project Schedu#e Task batt' Execution of Program Agreement January 10, 2020 Approval of Engineering Services Contract January 17, 2020 Notice to Proceed January 24, 2020 Final Report Submittal April 24, 2020 Final Invoice Submittal May 15, 2020 'Schedule Dates are approximate as the project schedule will be actively managed and issues mitigated through the project delivery process. The Final Traffic Report and Final Invoice dates are not approximate and any delays will require a Supplemental Program Agreement. 10 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 VI. 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 Governmentwide Suspension and Debarment Requirements XI. Cedificabon 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) 1. GENERAL 1. Form FHWA-1273 must be physically incorporated In each construction 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 FMA -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 -tier subcontractor or service provider. Forth FHWA-1273 must be induced! in all Federal -aid design - build contracts, in all subcontracts and in lower her 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 -her subcontractor or service provider. Contracting agencies may reference Fond 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 -tier 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 immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273-- Revised May 1, 2012 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, his contractor shall not use convict labor for any purpose within the limits of a construction project on a Federakaid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not Include roadways functionally classified as local mads or rural 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 $10,000 or more. The provisions of 23 CFR Part 230 am 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 162b1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 791 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 Specifications in 41 CFR 604.3. 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 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Ad of 1964, as amended, and related regulations including 49 CFR Pads 21, 26 and 27; and 23 CFR Pads 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. 140 shall constitute the EEO and speck affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990j42 U.S.C. 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, Me 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 terms and conditions of employment and in their review of activities under the contract. It. The contractor will swept 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 ongm, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other fors of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- 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 he assigned adequate authority and responsibility to do an. 3. Dissemination of Policy: All members of the contractors 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 Mat the above agreement will be met, the following actions will be taken as a minimum: a. Periodicmeetingsofsupervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and Its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. It. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractors procedures for locating and hiring minorities and women. d. Notices and posters selling 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. Recruihnent: 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 prwedures whereby minority and women applicants may be referred to the contractor for employment consideration. It. 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 Me 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. It. The contractor will periodically evaluate the spread of wages paid within each classification to deterine 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 connector 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 connector will promptly investigate all complaints of alleged discrimination made to the connector 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, he 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 cu ent employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved, b. Consislentwith 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 pontract 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 welfare 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. T. Unions: If the contractor relies in whole or in pad 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 contractors 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 qualify for higher paying employment. If. 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 fumish such information to the contractor, the contractor shall so candy to the contracting agency and shall set forth what efforts have been made to obtain such information. J. In the event the union Is unable to provide Me contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, 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 qualified 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 bargaining agreement) does not relieve the contractor from 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 Mese 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 miss 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 had 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 GFR 26.13(b): a. The requirements of49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. It. The contrectoror subcontractorshall not discriminate on the basis of race, polar, national origin, or sex in the Performance ofthis contract. The poi -tractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administmtlon a DOT -assisted contracts. Failure bythe 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 contractor for all contract work and shall be available at reasonable limes 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; It. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating Me number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is W be reported on Faun FHWA-1391. The staling data should represent the project work force on board in all or any pad 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 antl of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Fedeml-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 contractor's control, where the facilities are segregated. The term'Yacilities" includes waiting mums, work areas, restaurants and other eating areas, time clocks, resirooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provitletl 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 Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the rightof- 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 1(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 quarl under plans, funds, or programs Mich 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 benefil on the wage deternination for the classification of work actually performed without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employees 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 t.b. of this section) and the Davis -Baron poster (WH -1321) shall be Posted al all times by the contractor and its subcontractors at Me 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: (1) The work to be performed by the classification requested is not performed by a classification in the wage demaninafion: and (it) The classification is utilized in the area by Me construction industry; and (iii) The proposed wage rate, 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 ('d known), dor 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, all approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the central officer or will notify the contracting officer wkhin 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 denrrication and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall doter the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for 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 coMrecting 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 me 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 rale, 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 other third 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 fide fringe benefits under a plan or program, provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Ad 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 central under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted centrad 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 cormact. In the event of fallure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or pad 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 any further 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 rewrds shall contain the name, adtlress, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(8) of the Davis -Baron Act), daily and weekly number of hours worked, reductions 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 costs 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 all payrolls to the connecting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3ri), 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 W H�7 is available for this purpose from the Wage and Hour Division Web site at hftp://www.dol.gov/esa/whd/fortes/wh347instrhtm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subconradors 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 prime 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 wMrect 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)(I1) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR pad 5, and that such information is correct and complete; fl) That each laborer or mechanic (Including each helper, apprentice, and trainee) employed on the Conrad 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 per 3; (iii) 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 determination 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 falsification 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 Code. o. 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 FHWA, or the Department of Labor, and shall permit such representatives to inlemm employees during working hours on (he job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to Ne 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 or to make such records available may be grounds for debarment action 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 predeternined 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 if 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 Mo has been certifed 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 be greater than the ratio permitted to the contractor as to the entire worlc force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as slated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage delernination 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 contractors or subcontractor's registered program shall be observed. Every apprentice must be paid a<not less than the rate specified in the registered program for the apprentice's level of pmgress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that detemm ination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by me 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 unfit an acceptable program is approved. b. 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 rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the 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 site provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rale 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 Me 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 wntreclor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this pad 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 with Fedemlaid 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 wall be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 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 FHWA-1273 in 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 tier 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 subcontractor as provided In 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All mlings 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 previsions of this contract shall not be subject to 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 certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors had is a person or firm ineligible to he awarded! Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). It. No pad 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 making 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 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. i.Overtimeraquiremants. Nocontractororsubcontmctor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit 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 rote 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, Ne 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 teaitoryk 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 set 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 overdone 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 waitten request of an authorized representative of the Department of Labor 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 contrail 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 connector, 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 connector 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 tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction wntracts on the National Highway System. 1. The contractor shall perforin 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 he performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term 'perform work with IN own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the casts of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this tens if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day -today 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 wodc 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 contrecting 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 Me contractor under the contract 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 contrecting 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 be construed to relieve the contractor of any responsibility for the fulfillment of Ne 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. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v 1 s i o n i s applicable to all Federalaid 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 goveming safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, In performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hislher health or safely, 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 Ad (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 T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Forth FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cast 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 the 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 Sedion 508 of the Clean Water Act or Section 308 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, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or 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 tier participant is providing the certification set out below. b. The inability of a person to provide the cartilication 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 or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective 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. If it is later determined that the prospective participant knowingly renderetl an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. J. 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 learns that its cert cation was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms"covered transaction,i '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 Ter 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). f. 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 tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation In this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause tided "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 tier covered transactions and in all solicitations for lower tier 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 lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website Mttpsa/wwwcots .govl), which is compiled by the General Services Adm lnistration 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 certification 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. j. Except for transactions authorized under paragraph (f) of these instructions, R 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 ordefault. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from f a ticipating 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, aftempfing 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 ofrenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this appllcationlproposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant 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 CertHicatlon - 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. L. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. R 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 learns that its codification was erroneous by reason of changed circumstances. J. The terms "covered transaction,"'debarred," "suspended," "ineligible," "participant,"'person,"'principal," and'voluntsnly 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 subgmntee 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 Ter 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 participard 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 lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, In all lower tier covered transactions and in all solicitations for lower tier covered transactions 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 of 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 (hltos://www.eols.00v/1, 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 padicipant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, R 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 Fedeml Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Participants: 1. The prospective lower tier participant codifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposetl 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 cedification, such prospective participant shall attach an explanation to this Proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This prevision 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 mortification of any Federal contact, grant, loan, or cooperative agreement. L. 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 Forrn-LLL,'DISLIOsare Form to Report Lobbying," in accordance with its instructions. 2. This cerfifcation is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this ca ification 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 cedification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting 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. ATTACHMENT A- EMPLOYMENT AND MATERIALS 6. The contractor shall include the provisions of Sections PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is, or reasonably may be, done as onsite work. ROAD CONTRACTS This provision is applicable to all Federel-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 Stale wherein the control work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. If. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of Ute 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, movided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a jab order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contrad work, (b) the number of employees required in each classification, (c) the dale 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. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor In the original job order is substantially modified, the participant shall promptly notify the State Employment Sam.. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The compactor 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 a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the Stale Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractors 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 staff: Ryan Shrimplm, AICP - City Agenda: Planner 1/21/2020 SUBJECT An Ordinance approving the record plat of Auburn Pads Place One. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a four -lot subdivision at 3069 and 3093 William Street. BACKGROUNDMISCUSSION A record plat has been submitted for Auburn Park Place One, located at 3069 and 3093 William Street. The property is zoned C-2 (Highway Commercial District). The plat resubdivides two parcels to form four new lots. An exception is shown for the omission of the required 10 foot utility easement along all right-of-way Imes and all rear lot lines. Staff supports the exception because the utilities are in other locations on the property, and their easements exist or will be granted as part of this plat. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its September 11, 2019 meeting, recommended approval of the record plat by a vote of 6 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name Descdptim: D fWc.M Plat Auburn Pad: Place One.doc Ordrence D Staff Review-ltcfcnal-Action Fonaodf Auburn Park Place Ore- Staff RRA Fam D I,Aap - Auburn Park Mc Oue odf Auburn Park Place Ore- Map D Applcaion - Aubum Pads Plzce Oneulf Aubum Park Place Ore-Applicatim D F SI W FAC,E_I odt Auburn Park Place One- Record Plat Sheet t of 2 D F 5122 -PAGE 2odf Aubum Park Place One- Record Plat Sheet 2 c(2 BILL NO. 20-09 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF AUBURN PARK PLACE ONE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Auburn Park Place One, being a part of Out Lot No. 89, United States Private Survey No. 2199, T 30 N, R 13 E, of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, submitted by RAD INVESTMENTS, INC., and RAD Properties, LLC, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated the 20th day of December, 2019, including all exceptions and variances, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF . 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk ,j R eftt 1 =4 R IT ARDD R PE ` AU crenae tir. oDa,ewpmam � ceme August D, W19 3 LageA4 m nem om