HomeMy Public PortalAboutORD16164BILL NO. 2021-041
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. % tp /& 4
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A $152,359 AGREEMENT WITH THE
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR METROPOLITAN
TRANSPORTATION PLANNING SERVICES FOR THE PERIOD OF NOVEMBER 1, 2021
TO OCTOBER 31, 2022, REFLECTING CONSOLIDATED PLANNING GRANT (CPG)
FUNDS AS APPROVED IN THE FY 2022 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
FY2022 on May 19, 2021 by Resolution 2021-02.
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 effect immediately upon passage.
Passed: 7 2%
A" 1%vim
Presiding Officer
,
ATTEST:
. L. ,. NMI
Mayor Carrie Tergin
APPROVED AS TO FORM:
City A4Q&y
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CCO Form: TP01
Approved: 12/93 (GWS)
Revised: 04/21 (BDG)
Modified:
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TRANSPORTATION PLANNING CONSOLIDATED GRANT AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and the City of Jefferson City (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 both the above named funds to accomplish metropolitan 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, Federal Highway Administration (FHWA) and
Federal Transit Administration (FTA) under 23 U.S.C. Sections 104(f) and 134 and 49
U.S.C. Section 5303. These rules include 2 C.F.R. Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards. The
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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, 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."
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(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: 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.
(8) PROJECT TIME PERIOD: Work under this Agreement shall begin
November 1, 2021 and extend to October 31, 2022. 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 $152,359 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.
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(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 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
200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards."
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 200, 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
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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 City. 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. The
parties, acting through their authorized representatives, may also arrange for the
electronic transfer of funds instead of a physical check.
(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
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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 Grantee shall assure that
representatives of the Commission and FHWA shall have the privilege of inspecting and
reviewing the work being done by the Grantee's contractor and subcontractor on the
herein project. The Grantee 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
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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,
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, sex, national origin, age or disability of any individual in the
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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, sex,
national origin, disability, or age 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.
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(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
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 FHWA. 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 FHWA 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 FHWA.
(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 FHWA regulations, policies, procedures and directives, including without
limitation those listed directly or by reference in the most recent issued FHWA Master
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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 FHWA 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 FHWA. 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 FHWA
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 FHWA and FTA under 23 U.S.C. Sections 104(f)
and 134 and 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 FHWA. 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.
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(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 2 C.F.R. Part 200 and Missouri statutes.
(B) Purchases costing less than $5,000 are not subject to 2 C.F.R. Part
200 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.
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(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
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:
-12-
DocuSign Envelope ID: FC4224DC-DBC2-4AE7-9EOC-F5AF4B7FB18F
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 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 a written request for approval and include the anticipated
amount of overruns on other program components.
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.
(31) 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.
(32) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement.
(33) ENGINEER: As provided in this Agreement, "Engineer" means the Chief
Engineer or any other authorized representative of the Commission. Where the specific
term "Chief Engineer" is used, it shall mean the Chief Engineer exclusively.
(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.
-13-
DocuSign Envelope ID: FC4224DC-DBC2-4AE7-9EOC-F5AF4B7FB18F
(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-
DocuSign Envelope ID: FC4224DC-DBC2-4AE7-9EOC-F5AF4B7FB18F
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the Grantee on this
Executed by the Commission on this
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
DocuSigned by: -I -
, 6 f. ScI y6t f r
F8CCFE9B29E499...
day of
Title Assistant Chief Engineer
ATTEST:
DocuSigned by: ssl�
A4666CD7996249B...
Secretary to the Commission
Approved as to Form:
DocuSigned by:
�. V. axm �uv'
7C936DA1724D4A6...
Commission Counsel
2021-09-08 1 2:58 PM CDT
20
2021-09-09 1 6:49 AM CDT
day of , 20
-15-
GRANTEE
By EDocuSigned by:
11 E2420FC89104CE...
Title mayor
ATTEST:
DocuSigned by:
E
By
61FC36CE6822438
City Clerk
Title
Approved as
to Form: DocuSigned by:
E
By
A
City Attorney
Title
DocuSign Envelope ID: FC4224DC-DBC2-4AE7-9EOC-F5AF4B7FB18F
Appendix A - Financial Summary
Anticipated Expenditures & Revenue
CAMPO receives funding from the FHWA and FTA 5303 funds through the
Consolidated Planning Grant (CPG) administered by MoDOT. Funding consists of
80% federal and 20% local matching funds; Jefferson City contributes 75% and Cole
County contributes 25%.
Table 1: FY 2022 CAMPO Budqet*
Labor Costs
Direct Costs
$136,435
$34,109
$170,544
Total Labor Costs
Federal -
CPG (80%)
Local (20%)l
Total (100%)
Materials & Supplies
Advertising
$1,440
$360
$1,800
Postage
$160
$40
$200
Printing
$100
$25
$125
Copies
$8
$2
$10
Office Supplies
$800
$200
$1,000
Food
$200
$50
$250
Operational Supplies
$1,296
$324
$1,620
Subtotal
$4,004
$1,001
$5,005
Other Contracted Services
Dues & Publications
$1,200
$300
$1,500
Training/Education
$3,600
$900
$4,500
Tuition Reimbursement
$2,400
$600
$3,000
Subtotal
$7,200
$1,800
$9,000
Equipment Repair and Maintenance
Vehicle Wash
$0
$0
$0
Maintenance Agreement
$2,000
$500
$2,500
Subtotal
$2,000
$500
$2,500
Capital Purchases and Utilities"
Equipment/software
$2,720
$680
$3,400
Subtotal
Total Direct Costs
$2,720
$680
$3,400
$19,905
$15,924
$3,981
Labor Costs
Salaries plus benefits
$136,435
$34,109
$170,544
Total Labor Costs
$136,435
$34,109
$170,544
Total MPO Budget $152,359 $38,090 1 $190,449
*Rounded to the nearest whole number.
** The City of Jefferson covers all the Utility and Capital Purchases expenses, except for some specific software
licenses used forpublishing or mapping.
-16-
Certificate Of Completion
Envelope Id: FC4224DCDBC24AE79EOCF5AF4B7FB18F
Subject: Please DocuSign: 2021-08-64656.pdf
Source Envelope:
Document Pages: 33 Signatures: 6
Certificate Pages: 6 Initials: 0
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Envelopeld Stamping: Enabled
Time Zone: (UTC -06:00) Central Time (US & Canada)
Record Tracking
Status: Original
8/3/2021 1:37:31 PM
Signer Events
Carrie Tergin
ctergin@jeffcitymo.org
Mayor
Security Level: Email, Account Authentication
(Optional), Access Code
Electronic Record and Signature Disclosure:
Accepted: 9/8/2021 2:28:49 PM
ID:6ba8d580-8a46-4f39-baec-Od1580dbec8f
Emily Donaldson
edonaldson@jeffcitymo.org
City Clerk
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Ryan Moehlman
rmoehlman@jeffcitymo.org
City Attorney
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Electronic Record and Signature Disclosure:
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Bryce D. Gamblin
Bryce.Gamblin@modot.mo.gov
Senior Administrative Counsel
Missouri Department of Transportation
Security Level: Email, Account Authentication
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Electronic Record and Signature Disclosure:
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Holder: Michael E. Henderson
Michael.Henderson@modot.mo.gov
Signature
ED—Sig"Id by:
1 E242OFC89104CE...
Signature Adoption: Pre -selected Style
Using IP Address: 65.119.141.114
ocuSigned by:
[AD
l� NVtAaSbin
61FC36CE6822438...
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Using IP Address: 65.119.141.114
C����DnnV((ocuSigned by:
23E684DA .
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ED ... Sign1a by:
7C936DA1724D4A6...
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Using IP Address: 168.166.80.221
DocuSign
Status: Completed
Envelope Originator:
Michael E. Henderson
1860 Michael Faraday Drive
Suite 100
Reston, VA 20190
Michael. Henderson@modot.mo.gov
IP Address: 168.166.80.221
Location: DocuSign
Timestamp
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Signer Events
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Eric E. Schroeter
by
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Eric.Schroeter@modot.mo.gov
Status
EDOCUSig"11
V16 -e. sC�rbtkr
Viewed: 9/9/2021 6:49:09 AM
Assistant Chief Engineer
sFaCCFE9B29E499...
Signed: 9/9/2021 6:49:25 AM
Missouri Department of Transportation
9/9/2021 8:21:11 AM
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Pamela Harlan
'ly
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pamela.harlan@modot.mo.gov
[DocuSigned
Jiw a.
Viewed: 9/9/2021 8:21:11 AM
Secretary to the Commission
A4666CD79962496...
Signed: 9/9/2021 8:21:32 AM
Missouri Department of Transportation
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Dana Kaiser Sent: 9/9/2021 4:53:28 AM
dana.kaiser@modot.mo.gov
ED
Senior Executive Assistant
Missouri Department of Transportation
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Jennifer Jorgensen* C Sent: 9/9/2021 6:49:29 AM
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MoDOT
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 10/5/2016 3:40:17 PM
Parties agreed to: Carrie Tergin, Emily Donaldson, Ryan Moehlman
Missouri Highways and Transportation Commission
DocuSign, Inc. Express Electronic Signature Agreement
The Missouri Highways and Transportation Commission (hereinafter, Commission), acting by
and through the Missouri Department of Transportation (MoDOT) is willing to provide to the
Authorized Representative of the ContractorNendor/Consultant (Entity) who is duly authorized
to act on behalf of said Entity (hereinafter you or I) and accept from you your electronically
affixed authorized signature and seal, as required to validate a binding agreement between the
Commission and the Entity, on all Commission/MoDOT documents, including but not limited to
disclosures, agreements, contracts, notices, purchase orders, change orders, modifications,
amendments, supplements, correspondence, and the like, (hereinafter, Commission Documents)
that are processed, generated, and exchanged by and between the Commission and you, acting on
behalf of the Entity, electronically through the utilization of the DocuSign, Inc. Express
(DocuSign) eSignature Application. In consideration of mutual covenants, you agree as follows:
1) You are the person duly authorized and designated by the Entity to receive, access and agree
to the terms of this agreement on behalf of the Entity by clicking the Agree button below.
2) You have the authority to specifically consent and agree that the Commission, in its
discretion, provide all disclosures, agreements, contracts, notices, purchase orders, change
orders, modifications, amendments, supplements, correspondence, and all other evidence of the
transaction between the Commission and the Entity electronically (hereinafter all such
documentation is referred to as electronic record(s)).
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DocuSign are your own and are not shared with any other person.
4) All of the required notices and disclosures will be sent to the email address authorized through
DocuSign.
5) You are duly authorized to receive electronically through DocuSign, access and act upon all
electronic records, to provide all required information and electronically affix your signature and
seal, as applicable, on behalf of the Entity named in such Commission Documents via
DocuSign,.
6) The system through which you are accessing DocuSign and its eSignature Application meets
the minimum requirements to access DocuSign, view, receive, retrieve, download, print, store,
send and transmit all electronic records and any and all other communications sent to you from
the Commission through the DocuSign web site.
7) All communications in electronic format from the Commission to you through DocuSign are
considered in -writing. You have the ability to download and print any documents processed
through DocuSign for 30 calendar days after such documents are first sent, as long as you are an
authorized user of the DocuSign system. After such time, you may request copies by contacting
the Commission through the Secretary to the Commission at mhtc@modot.mo.gov or by
telephone at 573-751-2824. You shall print or download for your records a copy of any
communication that is important to you to retain.
8) You have implemented appropriate security measures to ensure that only you have access
through DocuSign to receive, access and electronically affix signatures to electronic records, as
applicable, Commission/MoDOT sends to you through DocuSign. It is your sole responsibility to
ensure your adequate protection, confidentiality and secrecy of the DocuSign Authentication
Code, and any other user ID and/or Password combinations that may be required for you to
access the DocuSign eSignature services and any disclosure thereof to any other person or
communication thereof through unsecure medium, such as traditional electronic mail, shall be
entirely at your risk. You shall be liable for any unauthorized usage of your ID/Password
combination and the DocuSign Authentication Code.
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initiated and transmitted by you electronically through DocuSign. Any transaction initiated and
transmitted by you to the Commission through DocuSign and its eSignature application shall be
deemed to have been authorized by you, and the Commission is entitled to assume that the said
transactions are so authorized by you and the Commission shall be protected upon acting
thereon.
10) You shall be fully liable to the Commission for every transaction entered into using a valid
DocuSign Authentication Code sent to you through certified mail, telephone call or Short
Message Service (SMS) text, with or without your knowledge. In no event will the Commission
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liable for any misuse, if any, of any data placed on the internet by third parties hacking or
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electronically through DocuSign and will abide by the record of the transactions generated by
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arising directly or indirectly, in connection with the services and /or this Agreement, including
without limitation any: (A) Loss of data; and (B) Interruption or stoppages to your access to
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or received by you to the extent that such information is confidential by law or otherwise
required by the Commission.
14) This Agreement and the rights and obligations of the parties hereto shall be governed by, and
construed according to, the laws of the State of Missouri. 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,
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information needed to make such documents true; and that I will take appropriate security
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