HomeMy Public PortalAboutORD15300 BILL NO. 2014-44
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. / 5--QED
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION FOR METROPOLITAN
TRANSPORTATION PLANNING SERVICES FOR THE PERIOD OF
NOVEMBER 1, 2014 TO OCTOBER 31, 2015, REFLECTING FUNDS AS APPROVED
IN THE FY 2015 UNIFIED PLANNING WORK PROGRAM
WHEREAS, the Board of Directors of the Capital Area Metropolitan Planning
Organization approved a Unified Planning Work Program and Budget for
FY2015 on May 21, 2014 by Resolution RS2014-5.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with the Missouri Highways and Transportation Commission for
Metropolitan Transportation Planning Services.
Section 2. The agreement shall be substantially the same in form and content
as that agreement 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: �/1� / /9 Approved: " L� l�
i
f / I- �
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
71°
ity_Cldrk -i y Counselor
CCO Form: TP01-G
Approved: 06194 (GWS)
Revised: 05114 (BDG)
Modified:
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TRANSPORTATION PLANNING CONSOLIDATED GRANT AGREEMENT
(Jefferson City Region)
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and the City of Jefferson, Missouri
(hereinafter, "Grantee").
WITNESSETH:
WHEREAS, 23 U.S.C. Sections 104(f) and 134, and 49 U.S.C. Section 5303,
provide metropolitan transportation planning funds for metropolitan planning
organizations as designated by the Governor of the State of Missouri; and
WHEREAS, the Commission is the state agency designated to receive and
dispense the above named funds to accomplish metropolitan transportation planning in
the Jefferson City urbanized area; and
WHEREAS, the Capital Area Metropolitan Planning Organization (hereinafter,
"MPO") has been designated by the Governor of the State of Missouri as the local
organization to conduct transportation planning for the Jefferson City urbanized area;
and
WHEREAS, the MPO has designated the Grantee to conduct transportation
planning and receive and expend the above named funds on its behalf; and
WHEREAS, the MPO and Grantee has described the transportation planning
work to be carried out and included a complete budget detailing the use of the above
named funds in an annually updated Unified Planning Work Program (UPWP); and
WHEREAS, the UPWP is accepted by the Commission, the MPO, the Grantee,
and the United States Department of Transportation, describing the purposes and
funding of all program components to be annually accomplished under this Agreement.
NOW THEREFORE, in consideration of the mutual covenants, promises and
representations herein, the parties agree as follows:
(1) PURPOSE AND SOURCE OF FUNDS: The purpose of this Agreement is
to assist the Grantee in financing project expenses that are eligible for federal financial
assistance. The Commission will make a grant from available federal funds in a manner
consistent with the rules of the USDOT, Federal Highway Administration (FHWA) and
- 1 -
Federal Transit Administration (FTA) under 23 U.S.C. Sections 104(f) and 134 and 49
U.S.C. Section 5303. These rules include OMB Circular A-102, "Grants and
Cooperative Agreements with State and Local Governments." The catalog of federal
domestic assistance identification number (CFDA) is 20.205 for funds under 23 U.S.C.
Sections 104(f) and 134 and 20.505 for funds under 49 U.S.C. Section 5303. The
amount of available funds is limited by the unused portion of the above planning funds
allocated to the Jefferson City urbanized area under the above acts and any
amendments thereto.
(2) SCOPE OF WORK AND BUDGET: Grantee will undertake and complete
the program of work specified in the approved UPWP and the budget or scope of
services (Appendix A).
(3) REPORTS:
(A) All draft reports, the cost of which will be considered a direct cost,
will be submitted to the Commission for review prior to printing in final form. The
Commission will be provided with an electronic copy of each draft and the final report.
(B) All reports, drawings, estimates, surveys, memoranda and other
papers submitted by the Grantee shall be dated and bear the Grantee's name.
(4) PUBLICATION PROVISIONS:
(A) Copyright: Papers, interim or final reports, forms or other materials
which are a part of the work under contract may be copyrighted without written approval
of the Commission, FHWA or FTA as appropriate.
(B) Reguest for Publication: Either party to the Agreement or FHWA or
FTA may initiate a request for publication of reports or any request thereof.
(C) Abstracts: When the scheduled time for presentation of a paper
does not permit formal review and approval of a complete report, abstracts may be used
for notification of intent to present a paper based on the study. Such presentation must
protect the interests of the other party by the inclusion of a statement in the paper and in
the presentation to the effect that the paper has not been reviewed by the other party or
FHWA or FTA.
(D) Publication: Publication by either party shall give credit to the other
party or FHWA or FTA unless upon failure of agreement of any report of the study,
FHWA, FTA or either of the contracting parties requests that its credit acknowledgment
be omitted and then the following statement shall be added:
"The opinions, findings and conclusions expressed in this
publication are those of the authors and not necessarily
those of the Missouri Highways and Transportation
-2-
Commission, the Federal Highway Administration or the
Federal Transit Administration."
(E) Use of Data: After acceptance of reports, all parties are free to use
the data and results for whatever purpose.
(F) Cooperative Participation: All reports shall contain a statement
crediting the cooperative participation of all agencies, including the USDOT, FHWA or
FTA as appropriate.
(G) Freedom of Information: The publication provisions contained in
this paragraph (4) are subject to the provisions of Chapter 610, RSMo, and all
applicable laws of the United States Government concerning freedom of information.
(5) RETENTION OF RECORDS: The Grantee or any approved
subcontractor shall be required to maintain accounting records and other evidence
pertaining to the cost incurred regarding the study and to make the records available to
the Commission at its office at all reasonable times during the contract period and for
three years from the date of the final payment of federal funds. Such accounting
records and other evidence pertaining to the costs incurred will be made available for
inspection by the Commission, FHWA, FTA, or any authorized representative thereof,
and copies shall be furnished if requested.
(6) INFORMATION FURNISHED AND WORK PERFORMED BY THE
GRANTEE: The Grantee shall make available to the Commission upon request all of
the data, reports, analysis, transcripts of hearings, maps, drawings, tables, and other
pertinent background information related to the scope of services under this Agreement.
(7) INFORMATION AND WORK FURNISHED BY THE COMMISSION:
(A) The Commission shall make available to the Grantee all of the
data, reports, analysis, transcripts of hearings, maps, drawings, tables and other
pertinent background information related to the scope of services under this Agreement
that the Commission deems necessary and non-confidential. No report, information,
data or other materials provided to the Grantee shall be given to any individual or
organization without the written approval of the Commission.
(B) The Commission will receive reimbursement from the Grantee for
computer work performed by the Commission for the urbanized area as authorized by
the Grantee. This should in no way restrict the Grantee from utilizing other computer
services available elsewhere.
(8) PROJECT TIME PERIOD: Work under this Agreement shall begin
November 1, 2014 and extend to October 31, 2015. No work shall be performed under
this Agreement until a notice to proceed is received from the Commission.
-3-
(9) CONTRACT PRICE AND PAYMENT:
(A) Total Price: For the work described in this Agreement, the Grantee
shall receive payment based on actual costs, as defined in subparagraph B of
paragraph (9) up to the maximum amount of$141,627 defined as consolidated planning
funds. The local matching share shall be 20 percent for funds provided under 23 U.S.C.
Section 104(f) and under 49 U.S.C. Section 5303. The local matching share may be
either cash or direct cost match or a combination of both.
(B) Progress Payments: The Commission agrees to make progress
payments to the Grantee not more than monthly upon receipt of a proper invoice and
certification for services actually performed under this Agreement. Certification of
services will be documented by a progress report submitted at least quarterly within 30
days after the end of the reporting period. However, the last progress report may be
waived and included in the final or project completion report. Each progress report
shall include tasks, what percentage of each task has been completed and overall task
completion rate. Invoices will be based on actual costs incurred. Each invoice will
show the breakdown of the cost incurred among the Grantee and the Commission.
Such progress payments will be based on actual cost incurred. In no instance shall the
progress payments exceed the percentage of work completed, per the judgment of the
Commission's chief engineer. The accounting for and billing of project charges will be
accomplished as follows:
1. The Grantee will establish cost principles for use in
determining the allowability of individual items of costs in accordance with OMB Circular
A-87, "Cost Principles for State, Local and Indian Tribal Governments."
2. Direct labor charges shall be based on actual time expended
at the current approved gross salary of the assigned staff member.
3. Employee fringe benefits shall be based on a provisional
rate, subject to audit, of direct labor costs. This rate is set on the basis of the
employer's actual cost for group life insurance, health insurance, pension plan, workers
compensation, holidays, F.I.C.A. taxes, accrued costs for sick leave, vacation and other
items included in the Grantee's approved fringe benefit package to the total annual
salaries paid. This rate is reviewed and adjusted annually and will be specified in the
fiscal year scope of services.
4. Indirect costs shall be based on the approved cost allocation
plan supported by the Grantee's annual budget for the fiscal year in which the scope of
services is to be carried out. A rate is calculated on the basis of the estimated total
annual administrative expenses, excluding known unallowable costs as prescribed in
various federal regulations, including OMB Circular A-87, divided by the sum of total
annual salaries chargeable as direct labor. Calculation of the indirect rate is specified in
the cost allocation plan and is approved by the audit agency. The indirect rate is
audited and adjusted at each fiscal year end by the audit agency. The applicable rate
-4-
will be specified in Appendix A.
5. Other direct costs charges shall be based on actual cost of
supplies and equipment purchased or rented for exclusive use of this project.
Procurement of supplies and equipment should be in accordance with procedures
established by the State of Missouri and Paragraph (26).
(C) Compensation: Compensation shall be paid by the Commission to
the Grantee for work performed hereunder subject to the limitations of subparagraphs A
and B of this paragraph (9), as supported by Appendix A.
(D) Direct Costs: The following are considered as direct costs and
chargeable as such:
1. Salaries and fringe benefits.
2. Other non-salary expenses directly related to the completion
of the work program activities such as: classified advertising, contractual services, data
processing, equipment maintenance and rental, meetings and conferences, postage,
publications, reproduction, supplies, travel and long distance calls.
(E) Final Payment: The final payment will be made only after
acceptance by the Commission of a project completion report, summarizing the results
of the job elements under this Agreement, considered to be satisfactory to the
Commission. This project completion report is due within 60 days after the Agreement
end date. The Commission's obligation will extend only to those costs incurred as
verified by the final audit. A final audit will be completed after the acceptance of the
project completion report. If Grantee was over compensated according to final audit
results, Grantee will reimburse the Commission the amount as specified by the final
audit. If additional compensation is due Grantee, Grantee will present a supplemental
invoice to the Commission for payment of the amount specified by the final audit.
(F) Checks: Checks in payment for the services rendered hereunder
shall be drawn to the order of the City of Jefferson. The Grantee hereby agrees that the
acceptance of the check so drawn shall constitute full payment for the Commission to
the Grantee for the services for which such payments are made.
(G) Title to Work Products: The making of payments to the Grantee in
the manner aforesaid shall vest in the Commission title to the studies, documents and
material produced by the Grantee under the terms of this Agreement up to the time of
such payments, and the Commission shall have the right to use the same for any public
purpose or make any desirable alterations thereto without other further compensation to
the Grantee or to any other such agency or persons.
(H) Single Audit Requirement: If the Grantee receives $750,000 or
more per year total of all Federal assistance from all sources including Federal funds
-5-
under this Agreement, it shall be required to have an independent annual single audit
done in accordance with OMB Circular Number A-133, "Audits of States, Local
Governments, and Non-Profit Organizations." A copy of the audit report shall be
submitted to the Missouri Department of Transportation (MoDOT) within 30 days of the
issuance of the report. Subject to the requirements of OMB Circular Number A-133, if
the Grantee obtains less than $750,000, the Grantee may be exempt from OMB A-133
auditing requirements, but records must be available for review by applicable State and
Federal authorities in accordance with Paragraph (5). The Commission reserves the
right to audit expenditures under this Agreement independently in a separate report.
(10) INSPECTION OF RECORDS: The Agency shall assure that
representatives of the Commission and FHWA shall have the privilege of inspecting and
reviewing the work being done by the Agency's contractor and subcontractor on the
herein project. The Agency 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 work program 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.
(11) CHANGES: The Commission or the Grantee may, from time to time,
request changes in the scope of UPWP work. Changes in the scope of UPWP work
that do not involve any increase or decrease in the amount of the Grantee's
compensation shall be made with the mutual agreement of the parties to this Agreement
evidenced by letters from each to the other. Changes involving adjustments to limiting
amounts contained in the scope of UPWP work of any increase or decrease in the total
amount of compensation which are mutually agreed upon by and between the
Commission and the Grantee shall be incorporated in written amendments or
supplements to this Agreement.
(12) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the Grantee shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the Grantee's
wrongful or negligent performance of its obligations under this Agreement.
(B) The Grantee will require any contractor procured by the Grantee to
work under this Agreement:
(1) To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
-6-
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right-of-way); and
(2) To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the Missouri Department of
Transportation and its employees, as additional named insureds in amounts sufficient to
cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant
and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance,
Financial Institutions and Professional Registration, and published annually in the
Missouri Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to
each party's applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(13) TERMINATION OF AGREEMENT:
(A) Non-Performance: If Grantee shall for any cause fail to perform
any of the provisions of this Agreement or fail to complete any of the work described in
this Agreement, the Commission may terminate this Agreement. Also, the Commission
may terminate this Agreement if the conduct or progress of the work is such that it is not
up to professional standards of objectiveness, fairness, accuracy and completeness.
(B) Correction: The Commission may provide Grantee with a written
notice of the defect(s) in Grantee's performance specifying a period of time for Grantee
to correct such defect(s).
(C) Written Notice: To terminate this Agreement, the Commission must
give Grantee at least 15 days written notice specifying the reason(s)for termination.
(D) Partial Pant: If the Commission terminates the Agreement, the
Commission shall be liable only for the work rendered to the date of termination based
on the compensation described in the scope of services. Grantee, for itself, its
successors, assigns and legal representatives, agrees to accept this amount of
compensation in full satisfaction of all claims for compensation under this Agreement.
This does not abrogate the Grantee's right under law.
(E) Work Products: In the event of termination, Grantee shall deliver to
the Commission, as property of the Commission, all designs, reports, drawings, studies,
estimates, surveys, computations, memoranda, documents and other papers or
materials either furnished by the Commission or prepared by or for the Grantee under
this Agreement. In addition, ownership of all designs, reports, drawings, studies,
estimates, models, computations, etc. prepared under this Agreement shall vest in the
Commission, at the Commission's option. The Commission reserves the right to
-7-
postpone or abandon further work of the type described by this Agreement or to cause
such work to be continued or completed in such manner, by such person(s), and under
such terms and agreements as the Commission shall determine.
(14) DISPUTES: The Commission's chief engineer will in all cases decide any
and all questions which may arise in connection with the work not disposed of by
agreement among or between the parties to the contract.
(15) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, Grantee agrees as follows:
(A) Civil Rights Statutes: The Grantee 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), as
well as any applicable titles of the Americans with Disabilities Act). In addition, if the
Grantee is providing services or operating programs on behalf of Department or the
Commission, it shall comply with all applicable provisions of Title II of the Americans
with Disabilities Act.
(B) Administrative Rules: The Grantee shall comply with the
administrative rules of the U.S. Department of Transportation relative to
nondiscrimination in federally-assisted programs of the USDOT(49 CFR Subtitle A, Part
21)which are herein incorporated by reference and made part of this Agreement.
(C) Nondiscrimination: The Grantee shall not discriminate on grounds
of the 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 Grantee shall not participate either directly or indirectly in the
discrimination prohibited by 49 CFR Subtitle A, Part 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 Grantee. These apply to all solicitations either by
competitive bidding or negotiation made by the Grantee for work to be performed under
a subcontract including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the Grantee of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, creed,
sex or national origin or ancestry of any individual.
(E) Information and Reports: The Grantee shall provide all information
and reports required by the Agreement, or orders and instructions issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Commission or the USDOT to
the pertinent to ascertain compliance with other such contracts, orders and instructions.
Where any information required of the Grantee is in the exclusive possession of another
-8-
who fails or refuses to furnish this information, the Grantee shall so certify to the
Commission or the USDOT as appropriate and shall set forth what efforts it has made to
obtain the information.
(F) Sanctions for Noncompliance: In the event the Grantee fails to
comply with the nondiscrimination provisions of this Agreement, the Commission shall
impose such contract sanctions as it or the USDOT may determine to be appropriate,
including but not limited to:
1. Withholding of payments to the Grantee under the
Agreement until the Grantee complies; and/or
2. Cancellation, termination or suspension of the Agreement, in
whole or in part.
(G) Incorporation of Provisions: The Grantee shall include the
provisions of paragraph (15)(A) of this Agreement in every subcontract, including
procurements of materials and leases of equipment, unless exempted by the statutes,
executive order, administrative rules or instructions issued by the Commission or the
USDOT. The Grantee will take such action with respect to any subcontract or
procurement as the Commission or the USDOT may direct as means of enforcing such
provisions, including sanctions for noncompliance; provided that it in event the Grantee
becomes involved in or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Grantee may request the United States to enter into such
litigation to protect the interests of the United States.
(H) Title VI Program Reporting Requirements: The Grantee shall
comply with data collection and reporting requirements subject to Title VI of the Civil
Rights Act of 1964 and the implementing regulations of 28 CFR Part 42, Subpart F and
49 CFR Part 21. Such general and program specific required information shall be
provided to the Commission yearly if updated information is warranted or at a minimum
of every three years. Required submittals shall be made by December of the current
agreement period.
(16) SECTION 504 ASSURANCES: The Grantee shall comply with all the
requirements imposed by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
Sections 790 of seq.) and the administrative rules of the USDOT (49 CFR Subtitle A,
Part 27).
(17) RESTRICTION ON LOBBYING: The Grantee shall comply with the
requirements of 31 U.S.C. Section 1352.
(18) NO OBLIGATION BY THE FEDERAL GOVERNMENT: The Grantee
acknowledges and agrees that, notwithstanding any concurrence by the USDOT in or
approval of the solicitation or award of the underlying contract, absent the express
written consent by the USDOT, the USDOT is not a party to this Agreement and shall
-9-
not be subject to any obligations or liabilities to the Grantee or any other party pertaining
to any matter resulting from this Agreement. The Grantee agrees that it will ensure that
the contractor will include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall
not be modified, except to identify the subcontractor who will be subject to its provisions.
(19) CLEAN WATER: The Grantee agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Federal Water Pollution Control
Act, as amended, 33 U.S.C. Part 1251 et seq. The Grantee will require its contractor to
report each violation to the Grantee and understands and agrees that the Grantee will,
in turn, report each violation as required to assure notification to FTA and the
appropriate Environmental Protection Agency (hereinafter, "EPA") Regional Office. The
Grantee agrees that it will ensure that the contractor agrees to include these
requirements in each subcontract exceeding $100,000 financed in whole or in part with
Federal assistance provided by FTA.
(20) ENERGY CONSERVATION: The Grantee agrees to comply with
mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act(42 USC 6321 et seq.).
(21) FEDERAL CHANGES: The Grantee shall at all times comply with all
applicable FTA regulations, policies, procedures and directives, including without
limitation those listed directly or by reference in the most recent issued FTA Master
Agreement, as they may be amended or promulgated from time to time during the term
of this Agreement. The Grantee's failure to comply shall constitute a material breach of
this Agreement.
(22) CLEAN AIR: The Grantee agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC 7401
et seq. The Grantee shall ensure that its contractor will report each violation to the
Grantee. The Grantee will, in turn, report each violation as required to assure
notification to FTA and the appropriate United States Environmental Protection Agency
(hereinafter, "EPA") Regional Office. The Grantee also agrees to include these
requirements in each contract exceeding $100,000 financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
(23) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS:
(A) The Grantee acknowledges that the provisions of the Program
Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT
regulations, "Program Fraud Civil Remedies," 49 CFR Subtitle A, Part 31, apply to its
actions pertaining to this Agreement. The Grantee shall ensure that the contractor will
certify or affirm the truthfulness and accuracy of any statement it has made, it makes, it
- 10-
may make, or causes to be made, pertaining to the underlying contract of the FTA
assisted project for which this contract work is being performed. In addition to other
penalties that may be applicable, the Grantee further acknowledges that if it makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the USDOT reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on the Grantee to the extent the USDOT deems
appropriate.
(B) The Grantee also acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification to
the USDOT under a contract connected with a project that is financed in whole or in part
with Federal assistance provided by FTA under authority of 49 USC 5303, the USDOT
reserves the right to impose the penalties of 18 USC 1001 on the Grantee, to the extent
the USDOT deems appropriate.
(C) The Grantee agrees to include the above two clauses in each of its
contracts financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
(24) DEBARMENT AND SUSPENSION: The Grantee agrees to comply with
the requirements of the Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion—Lower Tier Covered Transaction as submitted with the grant
application.
(25) SUBCONTRACTING: All work to be subcontracted shall be identified in
the UPWP, regardless of amount. All subcontracts of $50,000 or more shall be
submitted to the Commission for review and approval. Grantee's approved contracting
administration procedures may be used provided assurance is given that they conform
to applicable Federal statutes, executive orders and regulations in accordance with 49
CFR Part 18 or 23 CFR Part 172 and Missouri statutes. Approval to subcontract for
services incidental to the study operations, such as printing and computer services, is
not required. Copies of all executed subcontracts, except those for incidental services,
shall be furnished to the Commission.
(26) EQUIPMENT AND INSTRUMENTATION:
(A) All equipment and instrumentation to be purchased under this
agreement shall be identified specifically in the UPWP. Equipment or instrumentation
mean an article of nonexpendable, tangible personal property having a useful life of
more than one year and an acquisition cost which equals $5,000 or more. Grantee's
approved procurement procedures may be used provided assurance is given that they
conform to applicable Federal statutes, executive orders and regulations in accordance
with 49 CFR Part 18 and Missouri statutes.
(B) Purchases costing less than $5,000 are not subject to 49 CFR Part
- 11 -
18 but shall follow Grantee's procurement procedures. However, purchases may not
be subdivided to avoid this limitation. The Grantee certifies that no equipment and
instrumentation listed for purchase in the UPWP have been included in the indirect
costs approved for this Agreement.
(27) TRAVEL: The Commission approves Grantee staff travel expenses for
work performed under this Agreement and provided for in the scope of services. Any
additional travel must have prior approval of the Commission to be eligible for a direct
cost reimbursement. The rate of reimbursement shall be in accordance with the
Grantee's approved travel policy.
(28) COMPLIANCE WITH LAWS: The Grantee agrees to comply with all
federal, state and local laws and ordinances applicable to the prosecution of the work
covered by this Agreement.
(29) DISADVANTAGED BUSINESS ENTERPRISES: Grantee agrees to
prepare and submit for the Commission's approval, a disadvantaged business
enterprise plan as defined in 49 CFR Part 26, if Grantee receives financial planning
assistance from the U.S. Department of Transportation and will award prime contracts
exceeding $250,000 in a single fiscal year or if Grantee is required to do so by 49 CFR
Part 26.21.
(30) BUDGET:
(A) Summary: Appendix A, Section 1, includes a budget summary,
which lists the following:
1. Estimated Expenditures: These would be the total of all UPWP
components by federal funding type funded under this Agreement itemized by various
cost categories. These categories may include but are not limited to: salaries, fringe
benefits, indirect costs, contract services, equipment, data processing, meeting,
conference, travel, printing, publications, supplies and other or miscellaneous expenses.
2. Estimated Revenues: These are the total anticipated funding
and agency sources by federal funding type for work funded under this Agreement.
(B) Payment: The Grantee will receive payment by the Commission
based on the following:
1. Agency Funding Participation: Appendix A, Section 2, lists
estimated funding participation by various agencies for the UPWP program components
funded under this Agreement. For the work by program component described in the
UPWP and similarly identified in Appendix A, Section 2, payment will be made from the
appropriate funds based on the proportionate share of FHWA PL or FTA Section 5303
funds, or consolidation of the two funds, being utilized from the Commission. The
relationship of the manpower and cost borne under this Agreement to the total
- 12-
manpower and cost required to complete each program component is derived from the
approved UPWP. The obligation of the Commission shall not exceed the amounts set
out in Paragraph (9), Subparagraph (A).
2. Details of Missouri FHWA PL and/or FTA Section 5303
Matching Funds: Appendix A, Section 2, also lists the respective amounts of local
matching funds by providing agency and the program components of the UPWP to
which they are applied for the Missouri federal funds utilized under this Agreement.
Application of local matching funds in the form of direct cost match or cash from the
Commission to the various program components will be determined by the Commission
in accordance with Missouri laws. Use of Commission local matching funds by the
Grantee shall be based on the proportionate share of cost by program component as
given in Appendix A, Section 2. Local matching funds from the Commission shall not
exceed the federally required matching share for any Missouri federally funded program
component. The Commission's cash payment obligation shall be in accordance with
Paragraph (9), Subparagraph (A).
(C) Procedures: The following procedures shall be followed when
deviations from Appendix A or the scope of services program components occur or are
anticipated to occur:
1. Cost Overruns:
A. Program component overruns of thirty percent (30%)
or less will be considered as eligible costs provided:
(1) The total scope of services dollar amount is not
increased and written approval is obtained from the Commission's chief engineer or;
(II) If the total scope of services dollar amount is
increased, an amended scope of services is executed between the Commission and the
Grantee.
B. Program component overruns in excess of thirty
percent (30%)will require an amended scope of services between the Commission and
the Grantee.
C. Requests for overruns in program components shall
be in writing and include the anticipated amount of overruns on other program
components.
2. Agency Funding Participation: Revisions in the agency (i.e.
FHWA, FTA, HUD, EPA)funding participation as shown in the scope of services require
written approval by the Commission's chief engineer. Requests for revisions shall
include the reason for the revisions, the proposed agency funding and the effect of the
revisions on program components.
- 13-
3. The Grantee shall monitor costs and initiate timely requests
for approval as outlined above. Retroactive revisions of this scope of services will not
be allowed.
(32) AMENDMENTS: Any change in this Agreement, whether by modification
and/or supplementation, must be accomplished by a formal contract amendment signed
and approved by the duly authorized representatives of the Grantee and the
Commission.
(33) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement.
(34) ASSIGNMENT: The Grantee shall not assign or delegate any interest in
the Agreement and shall not transfer any interest in the Agreement, whether by
assignment or notation, without the prior written consent of the Commission.
(35) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Grantee shall comply with all local,
state and federal laws and regulations relating to the performance of the Agreement.
(36) 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.
[Remainder of Page Intentionally Left Blank]
- 14-
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the Grantee this Iq day of ' 204.
Executed by the Commission this day of 20A.
MISSOURI OIGHWAYS AND CITY OF JEFF N, MISSOURI
TROO TATION ML�L
ON
BY
Title assistant Chief Engineer Title n arg
Llf-
ATTEST: ATT
By /4
Secret ry to the Commission i
Title
Approved as to Form: Approved as to Form:
B
Y /�
Title CCOI V), P,1(
Comm' Sion Counsel
Ordinance Number:
- 15-
Capital Area Metropolitan Planning Organization
2015 Unified Planning Work Program
Appendix A-Section 1: Budget Summary
Table 1:Labor,Contracted Projects and Direct Costs
FY 2015 MPO Budget
FY 2015 Federal FY 2015 Local FY 2015 Total
Labor
Salaries $85,810 $21,453 $107,263
Benefits $32,016 $8,004 $40,020
Labor Subtotal $117,827 $29,457 $147,283
Direct Costs
Materials & Supplies
Advertising $600 $150 $750
Postage $320 $80 $400
Printing $320 $80 $400
Copies $40 $10 $50
Office Supplies $800 $200 $1,000
Food $160 $40 $200
Operational Supplies $640 $160 $800
Subtotal $2,880 $720 $3,600
Other Contracted Services
Dues&Publications $800 $200 $1,000
Trainin Education/Meetin /Conferences $5,000 $1,250 $6,250
Professional Services $14,000 $3,500 $17,500
Subtotal $19,800 $4,950 $24,750
Utilities
Telephone $0 $0 $0
Subtotal $0 $0 $0
Equipment Repair and Maintenance
Vehicle Wash $0 $0 $0
Maintenance Agreement $1,120 $280 $12400
Subtotal $1,120 $280 $1,400
Capital Purchases
Equipment/software $0 $0 $0
Subtotal $0 $0 $0
Direct Costs Total $23,800 $5,950 $29,750
Total Labor and Direct Costs $141,627 $35,406 $177,033
Capital Area Metropolitan Planning Organization
2015 Unified Planning Work Program
Appendix A—Section 2:Agency Funding Participation
Table 2:Revenues and Expenditures
Work Element Federal Local Federal Local Total Percent of
CPG Match Work
Funds Program
I-Program Support&Administration 80% 20% $45,627 $11,406 $57,033 32.2%
2-General Development and Comprehensive 80% 20% $20,000 $5,000 $25,000 14.1%
Planning
3-Long Range Transportation Planning 80% 20% $23,000 $5,750 $28,750 16.2%
4-Short Range Transportation Planning &
Programming
CAMPO Staff 80% 20% $21,000 $5,250 $26,250 14.8%
Contractual Professional Service 80% 20% $14,000 $3,500 $17,500 9.9%
5-Public Transportation Planning 80% 20% $18,000 $4,500 $22,500 12.7%
Total $141,627 1 $359406 1 $177,033 1 100%
105 West Capitol Avenue
MoDOTP.o.Hox azo
Jefferson City,Missouri 65102
Missouri Department of Transportation 573.751.2551
David B.Nichols,Director Fax:573.751.6555
1.888.ASK MODOT(275.6636)
October 10, 2014
Ms. Janice McMillan
Capital Area Metropolitan Planning Organization(CAMPO)
320 E. McCarty, Room 120
Jefferson City, MO 65101
Dear Ms. McMillan:
Execution of the Consolidated Planning Grant agreement for FY 2015 FHWA Metropolitan
Planning(PL) funds and FTA Section 5303 Planning funds has been completed. The
agreement period is November 1, 2014—October 31, 2015. The maximum amount of
consolidated planning funds is $141,627, utilizing both FHWA PL and FTA Section 5303
funds. The CFDA number for consolidated planning funds is 20.505, the same as the FTA
Section 5303 number. Enclosed is one original fully executed copy. You are authorized to
proceed under the terms of the agreement.
Progress reports are required on a quarterly basis due in 30 days after the end of the quarter.
However,the fourth quarter report may be waived and included in the Project Completion
Report due 60 days after October 31, 2015. These reports may be submitted electronically.
Sincerely,
Michael E. He derson/�
Transportation Planning Specialist
Enclosures
Copies: Sonny Sanders—CAMPO Bill Robinett—MO
Kelly Niekamp—Al Steve Engelbrecht—CD
M Q(DT Our mission is to provide a world-class transportation experience that
r-. delights our customers and promotes a prosperous Missouri.
www.modot.org