HomeMy Public PortalAboutORD15478 BILL NO. 2015-89
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. / -74-1S2
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A $157,200.00 SURFACE
TRANSPORTATION PLANNING GRANT AGREEMENT WITH THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION FOR METROPOLITAN
TRANSPORTATION PLANNING SERVICES FOR THE PERIOD OF DECEMBER 1,
2015, TO OCTOBER 31, 2017
WHEREAS, the Board of Directors of the Capital Area Metropolitan Planning
Organization approved a Unified Planning Work Program and Budget for
FY2016 on April 15, 2015, by Resolution RS2015-5 that included funding
from the Surface Transportation Planning Program, and
WHEREAS, the Unified Planning Work Program and Budget was approved as part of
the City of Jefferson FY2016 Budget.
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
Surface Transportation Planning Funds to support 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))// �� (,
�� a��nd approval. )
Passed: 1 2J) ,Z 213 Approved: I /PC • 22 20/(-3-
CitilkLe( � �l(1v „" ��
Presiding Officer Mayor Carrie Tergin
AEST:.=- /'7APPROVED - 0 FORM:
City Clerk '` City Counselor
1
CCO Form: STP contract for Surface Transportation Planning Activities
Approved: November 6, 2015
Revised:
Modified:
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
SURFACE TRANSPORTATION PROGRAM GRANT AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and the City of Jefferson (hereinafter,
"Grantee").
WITNESSETH:
WHEREAS, the Moving Ahead for Progress in the 21st Century Act (MAP-21) 23
U.S.C. §133, authorizes a Surface Tranpsortation Program (STP) to fund transportation
related projects; and
WHEREAS, the Commission is the state agency designated to receive and
dispense the above named funds to accomplish surface transportation planning in the
Jefferson City urbanized area; and
WHEREAS, the Grantee 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 to receive and expend the above named funds on its behalf;
and
WHEREAS, the 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 Grantee, and the
United States Department of Transportation (hereinafter, "USDOT"), 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 and the Federal Highway Administration
(FHWA) under U.S.C. §133 .
(2) SCOPE OF WORK AND BUDGET: Grantee will undertake and complete
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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, and FHWA or FTA as appropriate.
(B) Request 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
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.
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(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, , 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
December 1, 2015 and extend October 31, 2017. No work shall be performed under
this Agreement until a notice to proceed is received from the Commission.
(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 $157,200 defined as Surface
Transportation Program funds. The local matching share shall be 20 percent for funds
provided under 23 U.S.C. §133.
(B) Progress Payments: The Commission agrees to make progress
payments to the Grantee not more than monthly upon receipt of a proper invoice and
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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 2 C.F.R. Part
225, "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 2 C.F.R. Part 225, 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
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.
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(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
under this Agreement, it shall be required to have an independent annual single audit
done in accordance with 2 C.F.R. PArt 200, "Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards." 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 2 C.F.R. Part 200, if
the Grantee obtains less than $750,000, the Grantee may be exempt from 2 C.F.R. Part
200 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
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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) 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
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give Grantee at least 15 days written notice specifying the reason(s) for termination.
(D) Partial Payment: 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
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
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
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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 et 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
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 United States 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
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Grantee. The Grantee will, in turn, report each violation as required to assure
notification to FTA and the appropriate 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
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
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,
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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 and STP 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 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 STP 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) In the event the Grantee does not complete the project/activity
within the reasonable progress schedule set forth in Exhibit B, all monies previously
programmed or spent for this project/activity shall be surrendered by the Grantee at this
time to the Commission. Any costs incurred by the Grantee prior to authorization
from FHWA and notification to proceed from the Commission are not
reimbursable costs.
(D) 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:
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A. Program component overruns of thirty percent (30%)
or less will be considered as eligible costs provided:
(I) 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.
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.
(E) 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/County/Grantee) has not paid the vendor prior to receiving
reimbursement, the (City/County/Grantee) must pay the vendor within two (2) business
days of receipt of funds from MoDOT.
(31) FEDERAL-AID PROVISIONS: Because responsibility for the
performance of functions or work contemplated as part of this project is assumed by the
Grantee, and the Grantee 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) 1273 "Required Contract Provisions, Federal-Aid Construction
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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
Grantee" is to be substituted. The Grantee 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.
(32) CONFLICT OF INTEREST: The (City/County/Grantee) shall comply with
conflict of interest policies identified in 23 CFR 1.33. A conflict of interest occurs when
an entity has a financial or personal interest in a federally funded project.
(33) MANDATORY DISCLOSURES: The (City/County/Grantee) shall comply
with 2 CFR 200.113 and disclose, in a timely manner, in writing all violations of Federal
criminal law involving fraud, bribery, or gratuity violations potentially affecting the
Federal award.
(34) 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.
(35) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement.
(36) 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.
(37) 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.
(38) 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]
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IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last
written below.
Executed by the Grantee this f-: day of J {. c' , , 20/ )' .
Executed by the Commission this 2j5day of ,-20 i(i)
MISSOURI HIGHWAYS AND GRANTEE
T' ' h.SPO'TATION C I SI ON
By C Ah
Title Assistant Chief Engineer Title ricvf-\
2ohe �is
TTES . A ST:
./ 1-2?: -,il
14 ri-rt.Y Oi-i,tr7i/
ecretary s - - n•� Ci- "(- 1 t_—Title (4( 1 (�
Approved as to Form: Approved as to FQrm:
/ //'
c�By — '
.
Title (--• (--oLA-'- ela‘rj( ,{
mmiss t n Counsel
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