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HomeMy Public PortalAboutORD10439 BILL. NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH LINCOLN UNIVERSITY, MISSOURI FOR DEVELOPING A TRANSIT SYSTEM EVALUATION PROGRAM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: Section 1 . The Mayor and Clerk are hereby authorized and directed to execute a contract with Lincoln University of Missouri for a Transit System Evaluation Program for a sum not to exceed Four Thousand Dollars ($4,000.00) . Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3 . This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Adopted 7— 2/Z Presid' g Of ficer a or ATTEST: e zty Jerk SPECIAL CONSULTANT CONTRACT EXHIBIT A THIS AGREEMENT, made and entered into this /Z A day of ?_ ,yyti 19_ by and between the City of Jefferon, a municipal corporation of the State of Missouri, hereinafter referred to as the "City" with offices at 320 East McCarty, Jefferson City, Missouri and Lincoln University hereinafter referred to as the "Consultant" . WITNESSETH: THAT, WHEREAS, the City of Jefferson desires to engage the Consultant to render certain technical and professional services hereafter described in connection with a project more particularly described in the attached Study Scope; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal and is authorized by Ordinanace jQ of th City Council1 of the City of Jefferson, adopted -7s/ 7— 19 to enter into a contract with the Consultant for the performances of services by the Consultant. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows : 1. The City agrees to engage the services of the Consultant to perform the services hereinafter set forth in connection with projects described in Attachment A. 2. The City may add to Consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 6 hereof. . The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the office of the Director of the Department of Transportation and shall be accepted and countersigned by the Consultant or its agreed representatives. 3. All information, data, and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Consultant without charge by the City, and the City shall cooperate with the Consultant in every reasonable way possible in carrying out the scope of services . 4 . The Consultant represents that Consultant has or will secure at its own expense, all personnel required to perform the services called for under this contract by Consultant. All of the services required hereunder will be performed by the Consultant or under Consultant 's direct supervision and all 1 personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. iVone of the work or services covered by this contract shall be subcontracted without the written approval of the City. 5. The services of the Consultant shall commence as soon as practicable after the execution of this contract and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of the contract, but in any event, all of the services required hereunder shall be completed within 16 consecutive weeks from the final date of execution of this contract . 6. The City agrees to pay the Consultant in accordance with the terms set forth in Attachment A, which shall constitute complete compensation for all services to be rendered under this contract. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Consultant under the terms of this contract exceed the sum of Four Thousand Dollars ($4 , 000.00 ) for all services required unless specifically and mutually agreed to in writing by both the City and Consultant. No change shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The consultant will provide an additional One Thousand Dollars ($1, 000. 00 ) of donated time to be used as local match toward the project. 7. The City will pay the Consultant in accordance with the rate set forth in the Study Scope (Attachment A) , which shall constitute full and complete compensation for the Consultant services hereunder. Such compensation will be paid in progress payments, as established by the City. All payments will be subject to receipt of a requisition for payment and a statement of services rendered from the Consultant that the consultant fully performed all work to be paid for in such progress payments in conformance with the contract. 8. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner its obligations under this contract, of if the Consultant shall violate any of the covenants, agreements , or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five ( 5 ) days before the effective day of such termination. City or Consultant may without cause terminate this contract upon 30 days prior written notice. In either such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other materials prepared by the Consultant under this contract shall at the option of the City, become its property, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work 2 completed on such documents and other materials . Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Consultant. 9 . The Consultant shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation) , without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 10. Any reports , data, or similar information given to or prepared or assembled by the Consultant under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 11. Attachment "B, " pertaining to the Civil Rights Act of 1964, is attached hereto and made a part thereof. 12. The Consultant is an independent agent and nothing contained herein shall constitute or designate the Consultant of any of its agents or employees as agents or employees of the City. 13. The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workmen's Compensation Program of the City. 14 . The parties mutually agree to the following: a. In no event shall the City be liable to the Consultant for special, indirect, or consequential damages , except those caused by the City's negligence, arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Consultant shall defend, indemnify, and hold the City harmless from and against all claims , losses , and liabilities arising out of personal injuries , including death, and damage to property which are caused by the Consultant arising out of or in any way connected with this contract. 3 c I� Consultant further agrees to defend, indemnify, and hold the City harmless from and against any claims , losses and liabilities arising out of the award of this contract to the Consultant . 15. The Consultant agrees to submit to audit at reasonable times by the City and the authorized representative of the Missouri Highway and Transportation Department and the FHWA. Consultant further agrees to permit monitoring by the City, its staff, and appropriate representatives and to comply with such reporting procedures as may be established by the City. It is further agreed that financial data and supporting documents relating to the performance under this Agreement shall be maintained and made available to representatives of the above for a period of three ( 3) years after final payment is made under this contract. 16. The Consultant agrees to comply with all Federal, State and Local laws and ordinances applicable to the prosecution of the work covered by this Agreement. 17. The Agreement is subject to and conditioned upon the written approval of the United States Department of Transportation through its Federal Highway Administration. 18. Papers , interim or final reports , forms or other materials which are a part of the work under contract will not be copyrighted without written approval of the City. 19 . This Agreement shall be interpreted under and governed by the laws of the State of Missouri. 20. The Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees of the Consultant for the purpose of securing business. For breach or violation of this warranty the City shall have the right to annul this contract without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 4 21. All notices required or permitted hereinunder and required to be, in writing may be given by first class mail addressed to City at 320 Ea pt McCarty, Jefferson City, Missouri 6a101, and Consultant at -� &;5'/o/ The date of lives All any notjtbd shall be the date falling on the second full day after the day of its mailing. ,Txecuted this day of , 19 g� CITY OF JEFFERSON, MISSOURI By M o ATTEST: . ity/Clerk CONSULTANT By President, Lincoln Universe y 5 ,,,ATTACHMENT A i TECHNICAL ASSISTANCE PROPOSAL FOR JEFFERSON CITY DEPARTMENT OF TRANSPORTATION Lincoln University Department of Social Sciences The Lincoln University Department of Social Sciences will provide technical assistance to the Jefferson City Department of Transportation in the following tasks. I. Develop computerized system for tracking utilization, revenue and costs. A. Create system to record, store, and analyze information on rider- ship by route and type of passenger for each 30 minute period of each working day. The tasks will include setting up file structures, input screens, and report generating programs. B. Enter utilization data for two months of operation. Test system and modify as needed to produce desired results. C. develop system to track revenue and mileage on a daily basis. D. Set up spread sheet applications for evaluating performance indicators such as costs per mile, ridership per mile, revenue per mile, and other related information for each route. II. Train Department of Transportation staff in the operational features and use of the systems. The estimated training time will be eight hours. III. Analyze current and future bus transportation patterns based on ridership and demographic characteristics, A. Relate current ridership patterns to demographic patterns for existing bus routes. B. Estimate potential and future ridership patterns based on existing bus routes. C. Project population trends and possible future needs for additional service. For example, the staff will evaluate what numbers of older citizens might be needing bus service in the next five, ten, and fifteen years? The project period will be from June 15 -to September 30, 1985. The systems for tracking ridership patterns should be completed by the end of July. PROJECT BUDGET BUDGET ITEM DEPARTMENT OF LINCOLN TOTAL TRANSPORTATION UNIVERSITY 1. Programming Consultant $2,000 $500 ** $2,500 Dr. John Hoerner (80 Hours) (20 Hours) (80 Hours @ $25/hour) 2. Analytical Consultant 1,000 500 ** 1,500 Dr. Arnold Parks* (40 Hours) (20 Hours) (60 Hours @ $25/hour) '3. Secretarial/ Student Asst. 250 0 250 4. Supplies and Computer Rental 250 0 250 Direct Cost Indirect Cost (Lincoln U) 500 0 500 Total Project Cost 4,000 1,000 5,000 *Project Director *In-kind snatch donated by the Principals ATTACHMENT B .0 NONDISCRIMINATION PROVISIONS During the performance of this contract, the Consultants for themselves, their assignees and successors in interest (hereinafter referred to as the "Consultant" ) , agrees as follows: 1. Compliance with Civil Rights Statutes : The Consultant will comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI, Civil Rights Act of 1964 , as amended ( 42 USC 2000 d, e) . 2. Compliance with Executive Order: The Consultant will comply with the provisions of the Executive Order executed by the Honorable Christopher S. Bond, Governor of Missouri, on the tenth day of September, 1973, promulgating a code of fair practices in regard to nondiscrimination, which is incorporated herein by reference and made a part of this contract. This order stipulates that there shall be no discrimination employment practices by the Consultant, or its subcontractors, if any, based on race, color, religion, creed, national origin, sex or age. 3 . Compliance with Regulations : The Consultant will comply with the regulations of the U.S. Department of Transportation relative to nondiscrimination in Federally- Assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations , Part 21, hereinafter referred to as the "Regulations" ) , which are herein incorporated by reference and made a part of this contract. 4 . Nondiscrimination: The consultant, with regard to work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, religion, creed, sex, national origin, or ancestry of any individual in the selection and retention of subcontractors , including procurement of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Paragraph 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A" of the Contract. 5. Solicitations for Subcontractors , Including Procure- ments of Material and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant of the City's obligations under this contract relative to nondiscrimination on the grounds of race, color, religion, creed, sex, or national origin or ancestry of any individual. 6. Information and Reports: The consultant will provide all information and reports required by the contract, or orders and instructions issued pursuant thereto, and will permit access 1 A 11! CIA to its gooks, records, accounts, other sources of information, and its facilities as may be determined by the City, the Chief Engineer of the Missouri Highway and Transportation Department, (hereinafter referred to as the "Chief Engineer" ) , or the U.S. Department of Transportation to be pertinent to ascertain compliance with other such contract, orders and instructions . Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the City and set forth what efforts it has made to obtain the information. 7. Sanctions for Noncompliance: In the event of the Consultant 's noncompliance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it or the Chief Engineer may determine to be appropriate including, but not limited to: a. Withholding of payments to the Consultant under the contract until the Consultant complies , and/or b. Cancellation, termination of suspension of the contract in whole or in part . 8. Incorporation of Provisions: The consultant will include the provisions - of Paragraphs (1 ) through (8) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the statutes , Executive Order, Regulations , or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurements as the City, the Chief Engineer or the U.S. Department of Transportation may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Chief Engineer to enter into litigation to protect the interest of the Chief Engineer, and in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States . 2 •'� .. gip. � � 1 TECHNICAL ASSISTANCE PROPOSAL For: Department of Transportation Jefferson City, Missouri Work to Be Ak Performed By: Department of Social Sciences Lincoln University Jefferson City, Missouri Arnold G. Parks Project Director Date: -/Z 4 9- John Chava s Dean of the �►ni ersity Date• Aim X" TECHNICAL ASSISTANCE PROPOSAL FOR JEFFERSON CITY DEPARTMENT.OF TRANSPORTATION Lincoln University Department of Social Sciences The Lincoln University Department of Social Sciences will provide technical assistance to the Jefferson City Department,of Transportation in the following tasks. I. Develop computerized• system for tracking utilizations revenue and costs. A. Create system to record, store, and analyze information on' rider"° ship by route and type of passenger for each 30 minute period of each working day. The tasks will include setting up file strugtures, . input screens, and repori generating programs. R. Enter utilization data for two months of operation. Test system and modify as needed. to produce desired results. C. Develop system to track. revenue and mileage. on a daily basis, D. Set up spread sheet applications' for evaluating performance indicators such as costs per mile, ridership per mile, revenue per mile, and other related information for each .route. II. Train Department of Transportation staff in the operational features and use of the systems. . The estimated training time will be eight hours. III. Analyze current and future bus transportation patterns based on ridership and demographic characteristics. A. Relate current ridership patterns to demographic patterns for existing bus routes. B. Estimate potential and future ridership patterns based on existing bus routes. C. Project population trends and possible' future needs for additional service. For example, .' the staff-will evaluate what numbers of older citizens mig4 'be needing .bus service in the next five, ten, and fifteen years7 • " The project period will be from June 15 to September 30, 1985. The systems for tracking ridership patterns should be completed by the end of July. PROJECT BUDGET BUDGET ITEM' DEPARTMENT OF LINCOLN TOTAL TRANSPORTATION UNIVERSITY 1. Proq=m*ng Consultant X 2,0 0 0 $ 500 $ 2, 500 Dr. John Hosr'ner (80 Hours) (20 Hours) 000 Hours @ '$25,bour) 2. Analytical Cortil tweet 1 ,000 500 1 ,500 , Dr. 'A .d Parks (40 Hours) (20 Hours) (60 Hours 0 $25/hour) 3. Secretarial/Stvy-lent Asst. 250 0 250 4. Supplies and Ccgater 250 0 250 Rental Direct Cast ` Indirect Cost (Lincoln, U) 500 0 500 Total Project Cost ' 4,000 1 ,000 5,000