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
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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
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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.
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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.
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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
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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
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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 .
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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