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HomeMy Public PortalAboutORD15008 BILL NO. 2012--59 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. J 57ff61 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, 2012 TO OCTOBER 31, 2013, REFLECTING FUNDS AS APPROVED IN THE FY 2013 UNIFIED PLANNING WORK PROGRAM WHEREAS, the Capital Area Metropolitan Planning Organization approved a Unified Planning Work Program And Budget for FY2013 on July 18, 2012, by Resolution RS2012-01. 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: ( '( A 11 J Approved: / Presiding Office T Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor g4j• 15m- y CCO Form: TP01-G Approved: 06/94 (GWS) Revised: 02/11 (AR) 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 two (2) copies of each draft and four (4) copies of 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) 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 -2- 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. (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, 2012 and extend to October 31, 2013. 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 $148,172.00 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 third party direct cost match services 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 -4- 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. (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: For fiscal years ending after December -5- 31, 2003, if the Grantee receives $500,000 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 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 $500,000, 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: -6- (1) To obtain a no cost permit from the Commission's district engineer prior to working on the Commission's right-of-way, which shall be signed by an authorized contractor representative (a permit from the Commission's district engineer will not be required for work outside of the Commission's right-of-way); and (2) To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and 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. (6) 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 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, -7- 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 -8- 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 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 -9 - 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 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 - 10- 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. - 11 - (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 received a total of $250,000 or more of financial planning assistance from the U.S. Department of Transportation 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) Pam: 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 - 12- 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/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 third party direct cost match services 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 - 13- 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. (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 � � day of , 20 �! Executed by the Commission this 4 day of , 20_k� MISSOURI HIGHWAYS AND CITY OF JEFF SON, MI OURI TRANSPORTATION COMMISSION 6. ::�w By Title Chief Engineer Title 1 , A ES A T: Sec to the Commission Title '!^ Approved as to Form: Approvedr as t,o,Form: ley Title/ C C 4t-j " Commission Cou 'sel Ordinance Number: - 15 - APPENDIX A - 16- FY 2013 Annual Budget Table 2: Labor, Contracted Projects and Direct Costs FY 2013 MPO budgets Descriljuust FY 2013 FY 2013 Local FY 2013 Total Federal Major Cost Category I.abor Salaries 599,166 $24,791 $123,957 Benefits $39,096 $9,774 $48,870 Labor Total $138,262 $34,565 5172,827 Contractual Services I'roressional Services $0 SO $0 Contracted Total SO SO $0 Direct Costs Materials&Supplies Advertising $800 $200 $1,000 Postage $560 $140 $700 Printing $960 $240 $1,200 Operational Supplies 5640 $160 $800 Food $240 $60 $300 Office Supplies $400 $100 $500 Copies $400 $100 5500 Subtotal 54,000 $1,000 55,000 Other Contracted Services Dues &Publications $640 $160 $800 Meetings/Conferences $1,750 $438 $2,188 Trainim.ifEducation 52,480 $620 $3,100 Subtotal $4,870 $1,218 $6,088 Utilities Telephone 580 $20 $100 Subtotal S80 $20 5100 Equipment Repair and Maintenance Maintenance Agreement $960 $240 $1,200 Subtotal Y)N) S?.10 $1,200 Capital Purchases Equipment/software S(] $0 $0 Subtotal S(1 $0 $0 Direct Costs Total S9.()l(1 $2,478 $12,388 Total Labor and Direct Costs S14y,171 537,043 $185,215 2013 Capital Area Metropolitan Planning Organization Unified Planning Work Program Page 10 Table 3: Revenues and Expenditures - TnaICAG n CA PL f Federal FAtimated Local Luca] Proposed Revenues Fl-IWA- PL FTA Sec-5303 Carrlm•rr tonne CPG Agreement Funds AtcawN Local Mxlch Local Match Pus CPGFuraL- State Match aa allocation Allocation ws anocatitm+ m d ncation Previe Year Amount Expended to Balance leffersa City Cole County Match Match Allocation carmwer Vale urnued LoealTotal Callawav other EtPNYTotal FY 2(0) $118,7(B $24314 5113,023 5155.812 $293,835 $114,021 $143,468 $555 Si55367 so 5.16.Q06 52I.6W 59,001 55.401 541 5180.029 FY 2010 S118,715 524 315 $113,0311 $155367 5295397 S1409h2 SIII,Slu 529,152 5186587 SO $35.240 $21.144 $8.810 55266 V) $175:'02 FY201t $118.715 $24315 $143.030 5156587 S329,617 $146400 $141.712 54.688 Si87.904 So 536.600 $27,450 S9,150 SO 4) $183,000 FY 2012est. 5113510 524,103 5137,67? $187,99 $325517 $249,505 5219505 $o 576192 531 $62377 5.16.783 515593 SA $0 $311,812 FY 200 c, $133,955 $24.]35 $151.1193 576.1Si2 $2$7,135 5111172 $467591 So 566537 So $37,1113 $27.782 $92x1 u) 511 51&5,235 Total cost, Local Match Local Match laical LAVA Pro1)osed F_x1teikliturvs ICPCrrl.ccall MWA- PL FrA Sec.5303 CPG Ar rrl State Match Local Total leffersan City-Cole County March Match Direct Coss _ 759 ('Ab •av Other FY 2013 Task\O. MPO Ptngratn Administration& 111 $55, 9 537,177 $7,614 $11,791 So $11.198 S8.398 17,799 Support 91 $0 $l7 Program Suppnn 1.1 $32,0?5 $21 a?I 57157 $251628 So $6,407 $4,805 $1,602 SO SO $2,143 Punk:ParticilmOon 1.2 $11.977 57953 51,629 54582 So 52395 $1.797 $591 $O So $Sol Education&Training 1.3 $11,977 57,953 $1,629 S9S92 $11 52,395 SI,797 5599 So SO 5101 General Development and 2.0 510.917 S SL485 $9.733 So $2.183 51.638 5.516 So 50 S7341 Comprehertike Planning Data Acgin ki)nand%I,ontenance ?I $10917 $7249 $1,485 $8,733 SO 52.183 51.638 5546 So SO S7±I) Lung Range Transportation 3-i) $79.549 552.820 SIO.819 $63.639 SO 515,910 511.932 53.977 $0 .110 Plawning MrP PMparatkm IA $79,5-79 S52,120 510,519 $63,639 So SI5,910 $11,937 53.977 50 V) $53'1 Contracted Labor&Lxptnscs 3.2 $o 50 S0 $o SO Sn so SO SO SO Shnr9 Range Transportation 1.0 511-051 59:130 $1.911 $11,241 SO 52.810 $2.109 0703 $0 50 5940 Ill mning — Hicycle PC&,lrmn Plannme w.1 $6.112 $1078 $835 54.913 SO S 228 5921 $3(f7 so SO $411 Gods Nlo ennui/Freight 4.2 $2,636 51,751 5359 52.1 V) So $527 $395 5132 SO 50 5176 Tr n,iunurkxi Safety Planning 4.3 $2,636 51,751 5359 S2,I1B So $527 $395 $132 $0 SO $176 Transportation Scourdy Plannurg, 1.4 $2,616 S1,751 5359 $2,109 So $527 $395 $132 SO SO 5176 Transportation Improvement 5.O $14,470 $9,609 $1,968 11576 $o $2,894 $2_171 5724 $0 $O 968 Pmgranr — TIP Piepratinn 5.1 $14.470 59.6118 $11468 SII576 50 SIR" $2,171 $724 $0 511 $968 Public Transportation Planning ng 60 $10,210 56,799 51193 58,192 So $2 1148 1 536 $512 $O $0 $685 Transit Planning 61 $I(),^-4() S6,7(n $1793 SS.192 SO 52,4118 $1.536 $512 50 SO 5615 Total Proposed Expenditures S185a21S $122,983 525,189 5148.172 SO $37,043 527,782 59,261 ul Sl) 512188 Notes: Expenditures include labor and direct costs for each work item. Figures are rounded to the nearest dollar. 2013 Capital Area Metropolitan Planning Organization Unified Planning Work Program Page I I Capital Area Metropolitan Planning Organization 2013 Unified Planning Work Program Appendix A—Section 1: Budget Summary Table 1: Labor,Contracted Projects and Direct Costs FY 2013 MPO budgets Description . FY 2013..;Federal FY 2013.Local FY 2013 Total Major Cost Category Labor Salaries $99,166 $24,791 $123,957 Benefits $39,096 $9,774 $48,870 Labor Total $138,262 $34,565 $172,827 Contractual Services Professional Services $0 $0 $0 Contracted Total $0 $0 $0 Direct Costs Materials& Supplies Advertising $800 $200 $1,000 Postage $560 $140 $700 Printing $960 $240 $1,200 Operational Supplies $640 $I60 $800 Food 5240 $60 $300 Office Supplies $400 $100 $500 Copies $400 $100 $500 Subtotal $4,000 $1,000 $5,000 Other Contracted Services Dues&Publications $640 $160 $800 Meetings/Conferences $1,750 $438 $2,188 Training/Education $2,480 $620 $3,100 Subtotal $4,870 $1,2I8 $6,088 Utilities Telephone $80 $20 $I00 Subtotal $80 $20 $100 Equipment Repair and Maintenance Maintenance Agreement $960 $240 $1,200 Subtotal $960 $240 $1,200 Capital Purchases Equipment/software $0 $0 $0 Subtotal $0 $0 $Q Direct Costs Total $9,910 $2,478 $12,388 18;17 Total;Lapor and Drrect Costs . $37 413 $185, 1 ...__ " Capital Area Metropolitan Planning Organization 2413 Unified Planning Work Program Appendix A-Section 2: Agency Funding Participation Table 2: Revenues and Expenditures C Total CPU AS1P4 PL Federal Fslinsited Local Local I7-IW1--:PL FTA Sec.5303 Carrywor from CPGA1:7eercenl Funds Account Local Match Gfcal Match Proposed Revem�es 5303 aaocatgrt+ -CPG Funds State Matcli - Match `Match ulEpGanori Allot:adoo_:-.. Allocation. Year' :carsynver. Amotmt Expended to tmused Halaace Jefferson Cay Cole:County CoOa�s ay .other Bate LOCa1 Tatol [IPWP Total F'S'2009'.'. 5118,7Q9 514314 SI•s3.w3 5155,812 $299,635 $144.023. $143.468 $555 5155,367 SO $36,006 S'_1 6W 59,001 55,401 $o . $180,029 PY.2010! 5116,715 S243l5 5143,030 $155}67 5298}97 - SI40,962Y 5111,810 529,152 5186,567 So 535,240 $21,144 $8,810 $5,286 $0 "$17630? IS?011:; 5116,715 S 24315 5143,030 5186.587 $329,617 $146,400 5!41,712 $1,698 5187,964 5o 536,600 S 27,450 $9,150 $O 50 St 83,000 FY1012'o t 5113,540 524,103 5137,643 S187,961 $325.547 3249,5115 5249,505 SO 1 $76,041 $0 1 562,377 $46,783 S15,594 SO 50 5311,882 FY 2013ast. $133,958 $24,135 5156,093 S76,n12 5234,135 -: S149,172 5167,598 S0 S66,537 SO 537,043 537,762 S9�(,I 551 50 -S185.215 'Total costs - Local Match Local Match Local Local Pnfpused Fxpondilvres - FHWA-PL'.FfA Sec.5303 CPG Aninurd Stuie Match Local Total efferson City Cole County sialclr Match Direct Curls {CPC,9-Local 7516 .:-x'25% Callawav Other -013 Task No.. 111PO Program Administration& 1.0 $55.969 537,177 57,614 5.14.791 SO 511.198 56,396 S2,799 $0 $0 $3,745 Support Prolaom Support 1.1 S32,o35 V1_71 $4}57 S?5,6'_8 So $6,407 S1905 SI 602 50 So 52,143 Public Participation 1.3 $11,97-7 57953 51629 $9,561 $o $2,395 51,797 5599 So SO $901 Education B:Trainueg 1.3 511977 57,953 $1,629 $9662 SO %2-395 S1707 5599 $0 50 SBUI General develapmenland ,0 $t(5917 $7,249 SIARS 58,733 SO $2,183 5 636 5546 SO SO $734) Comprehensive Morning - Data Acquisitimf and htuinlenance '_1 $10917 $7749 51:185 58,733 SO $2.183 $1.638 5546 SO So $734) Long lunge Transporlalion 3,n $79,549 552.820 $10.819 $63.639 SO 515916 StL932 53,977 50 $U IS-321 Planning - MTI'Preparation 3.1 $79649 S52,820 S10J119 563[,39 SO $15,910 S11932 $3977 $0 SO $5311 Contruvwd labor 8 Expenses 3.2 50 so $0 $0 SO so $o S0 $Q $0 short Mange'r,anspo lafon 40 514.051 59,330 5 L9 I I 511.241 $0 S2.810 Sib 5703 50 50 $940 Planning E3icycic Pedestrian Planning 4.1 56,141 54,078 5935 $4913 SO $1,225 $921 5307 SO SO $411 Goods MovemantlFreiulc 4,2 5,636 51,751 $359 $»,lo9 $o $527 5395 $132 50 SO $176 Transportation Safety Planning 4.3 52,636 51,751 $359 $1 109 S0 5527 $395 $132 $0 $0 $176 Transportation Security Planning 4.4 52636 S1,751 $359 $2.109 SO 5527 $395 $132 $0 %0 5176 Transportation Improvement 5.0 $14.4711 59,608 $1_ ,96a $11576 50 52.894 S2.171 5724 50 so 5968 Program - UPPreparatian 5.1 $14,470 $3608 51,968 SH,576 SO S2894 52,171 $724 So So 5968 Public Transportnlian Planning 6.0 510,240 56.799 3t393 56,192 Su 52,4148 51,536 5512 $0 $0 $665 Transit Planning 61 $10.240 56,799 51393 58,192 SO $2.048 $1,536 $5t2 $0 $0 %665 Tnlnl l'rvlfosed Eipendilurxs .5185,215 :: 5122963 -S25:199 SE38:172 50 5'37:043 527,782 SO 4 512338 I . FY 2013 Annual Budget Table 2: Labor, Contracted Projects and Direct Costs FY 2013 MPO budgets Description FY 2013 FY 2013 Local FY 2013 Total Federal Major Cost Category Labor Salaries $99,166 $24,791 $123,957 Benellts $39,F9-61 $9,774 1 $48,870 Labor Total $138,262 $34,565 $172,827 Contractual Services Professional Services $0 $0 $0 Contracted Total $0 $0 $0 Direct Costs Materials&Supplies Advertising $800 $200 $1,000 Postage $560 $140 j $700 Printing $960 $240 $1,200 Operational Supplies $640 $160 $800 Food $240 $60 $300 Office Supplies $400 $100 $500 Copies $400 $100 $500 Subtotal $4,000 $1,000 $5,000 Other Contracted Services Dues&Publications $640 $160 $800 MeetingslConferences $1,750 $438 $2,188 Training/Education $2,480 $620 $3,100 Subtotal $4,870 $1,218 $6,088 Utilities Telephone $80 $20 $100 Subtotal $80 $20 $100 Equipment Repair and Maintenance Maintenance Agreement $960 $240 $1,200 Subtotal $960 $240 $1,200 Capital Purchases Equipment/software $0 $0 $0 Subtotal $0 $0 $0 Direct Costs Total $9,910 $2,478 $12,388 Tcatal Labor and Direct Costs $.148,172 $37,043 $1fi5,215;' 20I3 Capital Area Metropolitan PIanning Organization Unified Planning Work Program Page 10 Table 3: Revenues and Expenditures CAh1P0 PL 1 Federal Total CPG Estimated Local Local FHWA-PL 1•TA Sec.53111 Carryover from CPG Agreement Funds Account Lceai Match Local Match Proposed Revenues 53Q3 ullocateon+ CPG l=ands Stale Match Match Minch allocation AIII=tinn Prevknrs Year Amount Expendcd to Bola= Jefferson City Col-County Atkteatinn carryover bale umtsed LocalTora] Cnikrway Other UMPTotal FY 2W) S318,71N9 $24314 5143.021 5155.812 $298,835 $144,02-1 5143.468 $555 5155367 50 $36.OM S?L(414 $9,001 55,401 CO 5181],[15_9 FY 2010 51161715 $24115 5141010 $155367 $198797 $1.50,962 $]1],816 529.152 5186587 S6 535740 $31,144 S8.H1) S5786 So l $1767112 FY 20F1 $1114,715 $24115 $143,[136 5186587 $-?9.617 $146,4{X1 $141,712 54.689 5197.961 56 $36.61X1 $27.450 59.156 Sn 50 $183,000 PY 2012 est, $113-W 514,103 5137,643 5187 904 $325547 5249565 $249,505 W 576.612 50 562177 $46.783 515594 S0 50 5311,[122 FY 10[3est. $133.958 $24,135 5159,093 576.1132 5734,135 $148,172 $167598 $0 566,537 SO 537,[343 $27,782 59,261 $0 $0 $185215 Total costs local Match Local Match Local Local Proposed Lvpend]Fures F•HWA- PL FrA See.530- CPG Amount SWIG Match Local Total Jefferson City-Cok Couury, M11CI7 Mulch .Direct Costs {CPG+Local} 75°f 2591, CnlLnvav Other FY 2013 Task No. PQ Program Adminisbuilon S 3.0 555,9119 537,177 L 7614 $44,791 50 511,393 58.398 52,799 50 SO $3.745 Support Program Suppar 1.1 $32935 521774 $7.357 5215,628 50 $6,407 51,805 51,602 50 SO $2,143 PubBcPaliLipation 1,2 $11977 51.953 $1,629 $9582 50 52195 51,71n 5599 SO 50 $SOI Edvcnlimt&Training 1.3 $11.977 51953 $1,629 595142 50 $2,395 51,797 5599 $0 SO 5801 Generd Oeveinpment and �0 570917 57.349 $1.485 $9,733 50 $2.183 SI.638 5546 56 SU $730 comprehensive Plrmnln Data Acquisition and Mairdenanvc 2.1 $10917 57,249 $1,4$5 $9,733 56 52,183 51.638 $546 5(Y 56 $730 Lung Mange Trnnspurradnn 3,0 $79,549 552.820 5311.819 563,639 50 515.9111 511.932 53,977 50 SO $5XI PhIntling MtPPnep:lration 3.1 $79,549 552.82n $10.1419 563.639 56 515,91[1 $11,932 $3.977 50 SO 55321 Contriewd Labor&Expcnseo �7 50 3771 SO $0 SQ 511 $o 5U 50 so Short Hnnge Tcnnsportatinn 4.0 $14.051 59330 $1.911 511:141 50 52.810 $2.1118 5703 50 so $940 Planning — 6icycic Pedestrian Planning 4.1 56,142 54.078 $835 $4.913 50 $!7.28 S92I 53]17 SO So $411 Cunlds Mostloentl Freight 4.2 $2,63 51,751 $359 52,109 s0 5527 $395 $132 SO SO 5176 Tmnspurafiun Safety Plartimg 4.3 S",63 $1,751 5.159 S2,1a9 S0 5527 $395 $132 $0 F0 5176 Transpottatim Security Planning +#,4 32,63 51.751 5359 52,I IA9 141 5527 $395 $132 SO SO 5176 Tmnsporrodunlmpmvernent 5.0 514471 59608 $1.968 $]1576 50 Si894 1171 5724 SO S0 $968 Pmgrmn TIP Prelmrurim 5.1 AS14,47L 59,608 51,968 S11 57 so 52,1494 $2.171 5724 SO 515 5969 Public Tmrtsportation Planning 6.0 56.799 51393 $8.1 92 50 $2,048 3.536 '512 5Q 50 $685 Transit Planning 6.1 56.7 51393 58,193 '0 S5_,G18 SI536 $512 $0 50 5685 To tatPrnposedExpenditures $ ']22,983 '$�5.1R9 $148,17 50 537.043 527.782 S9?61 50 SII $13,38$ Notes: Expenditures include labor and direct costs for each work item. Figures are rounded to the nearest dollar. 2013 Capital Area Metropolitan Planning Organization Unified Planning Work Program Page I l