HomeMy WebLinkAboutOrd.5647.06-05-2023BILL NO. 23-73 ORDINANCE NO. 5041
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A TRANSPORTATION PLANNING
CONSOLIDATED GRANT AGREEMENT WITH THE
MISSOURI HIGHWAYS AND TRANSPORTATION
COMMISSION FOR SOUTHEAST METROPOLITAN
PLANNING ORGANIZATION EXPENSES, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
Article 1 . The City Manager is hereby authorized and
directed to execute, on behalf of the City, a Transportation
Planning Consolidated Grant Agreement with the Missouri Highways
and Transportation Commission for Southeast Metropolitan
Planning Organization expenses, and is hereby authorized to
execute all necessary grant documents, in the City of Cape
Girardeau, Missouri. Said Agreement shall be in substantially
the form attached hereto, which document is hereby approved the
City Council, with such changes or amendments as shall be
approved of the officers of the City executing the same.
Article 2 . This Ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS
5th
day of June , 2023.
0, 4 4sson, Mayor Pro TemporeYP
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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 Cape Girardeau (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 Cape Girardeau
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 Cape Girardeau 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 m utual 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
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 ab ove planning funds allocated to the Cape
Girardeau urbanized area under the above acts and any amendments thereto.
(2) SCOPE OF WORK AND BUDGET: Grantee will undertake and complete the program of
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work specified in the approved UPWP and the budget or sco pe 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 inte nt to
present a paper based on the study. Such presentation must protect the interests of the other party by
the inclusion of a statement in the paper and in the presentation to the effect that the paper has not
been reviewed by the other party or FHWA or FTA.
(D) Publication: Publication by either party shall give credit to the other party or FHWA
or FTA unless upon failure of agreement of any report of the study, FHWA, FTA or either of the
contracting parties requests that its credit acknowledgment be omitted and then the following statement
shall be added:
"The opinions, findings and conclusions expressed in this publication are
those of the authors and not necessarily those of the Missouri Highways
and Transportation Commission, the Federal Highway Administration or the
Federal Transit Administration."
(E) Use of Data: After acceptance of reports, all parties are free to use the data and
results for whatever purpose.
(F) Cooperative Participation: All reports shall contain a statement crediting the
cooperative participation of all agencies, including the USDOT, FHWA or FTA as appropriate.
(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
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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 e vidence 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 July 1, 2023 and
extend to June 30, 2024. 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 $221,175 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. Sec tion 5303.
The local matching share may be either cash or direct cost match or a combination of both.
(B) Progress Payments: The Commission agrees to make progress payments to the
Grantee not more than monthly upon receipt of a proper invoice and cert ification 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.
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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 tota l annual administrative expenses, excluding known
unallowable costs as prescribed in various federal regulati ons, 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 spec ified
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. Procurem ent of supplies and
equipment should be in accordance with procedures established by the Sta te 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, reprodu ction, 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 aft er 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 Cape Giradeau. 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
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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 o r persons.
(H) Single Audit Requirement: If the Grantee receives $750,000 or more per year
total of all Federal assistance from all sources including Federal funds under this Agreement, it shall
be required to have an independent annual single audit done in accordance with 2 C.F.R. Part 200,
“Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.”
A copy of the audit report shall be submitted to the Missouri Department of Transportation (MoDOT)
within 30 days of the issuance of the report. Subject to the requirements of 2 C.F.R. Part 200, if the
Grantee obtains less than $750,000, the Grantee may be exempt from 2 C.F.R. Part 200 auditing
requirements, but records must be available for review by applicable State and Federal authorities in
accordance with Paragraph (5). The Commission reserves the right to audit expenditures under this
Agreement independently in a separate report.
(10) INSPECTION OF RECORDS: The 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 th is 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,
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governmental, or official immunities and protections as provided b y federal and state constitution or
law.
(13) TERMINATION OF AGREEMENT:
(A) Non-Performance: If Grantee shall for any cause fail to perform any of the
provisions of this Agreement or fail to complete any of the work described in this Agreement, the
Commission may terminate this Agreement. Also, the Commission may terminate this Agreement if
the conduct or progress of the work is such that it is not up to professional standards of objectiveness,
fairness, accuracy and completeness.
(B) Correction: The Commission may provide Grantee with a written notice of the
defect(s) in Grantee's performance specifying a period of time for Grantee to correct such defect(s).
(C) Written Notice: To terminate this Agreement, the Commission must give Grantee
at least 15 days written notice specifying the reason(s) for termination.
(D) Partial 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 pape rs 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 p rograms 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
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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 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 r equirements 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 impos e 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
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specific required information shall be provided to the Commission yearly if updated information is
warranted or at a minimum of every three years. Require d 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 t hat 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 sta ndards
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 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 wi ll, in turn, report each
violation as required to assure notification to F HWA 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.
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(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 Agreem ent. 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.
(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 prin ting 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 r egulations 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
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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 mu st 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 federa l, state and
local laws and ordinances applicable to the prosecution of the work covered by this Agreement.
(29) DISADVANTAGED BUSINESS ENTERPRISES: Grantee agrees to prepare and submit
for the Commission's approval, a disadvantaged business enterprise plan as defined in 49 CFR Part
26, if Grantee receives financial planning assistance from the U.S. Department of Transportation and
will award prime contracts exceeding $250,000 in a single fiscal year or if Grantee is required to do so
by 49 CFR Part 26.21.
(30) BUDGET:
(A) Summary: Appendix A, Section 1, includes a budget summary, which lists the
following:
1. Estimated Expenditures: These would be the total of all UPWP components by
federal funding type funded under this Agreement itemized by various cost categories. These
categories may include but are not limited to: salaries, fringe benefits, indirect costs, contract services,
equipment, data processing, meeting, conference, travel, printing, publications, supplies and other or
miscellaneous expenses.
2. Estimated Revenues: These are the total anticipated funding and agency
sources by federal funding type for work funded under this Agreement.
(B) Payment: The Grantee will receive payment by the Commission based on the
following:
1. Agency Funding Participation: Appendix A, Section 2, lists estimated funding
participation by various agencies for the UPWP program components funded under this Agreement.
For the work by program component described in the UPWP and similarly identified in Appendix A,
Section 2, payment will be made from the appropriate funds based on the proportionate share of FHWA
PL or FTA Section 5303 funds, or consolidation of the two funds, being utilized from the Commission.
The relationship of the manpower and cost borne under this Agreement to the total 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 respect ive 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
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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:
(I) 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.
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(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]
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IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written
below.
Executed by the Grantee on _______________________________________(Date).
Executed by the Commission on ______________________________________(Date).
MISSOURI HIGHWAYS AND GRANTEE
TRANSPORTATION COMMISSION
________________________________ By _____________________________
Title ____________________________ Title ____________________________
ATTEST: ATTEST:
________________________________ By _____________________________
Secretary to the Commission
Title ____________________________
Approved as to Form: Approved as to Form:
By _____________________________
________________________________ Title ____________________________
Commission Counsel
DocuSign Envelope ID: B7066D57-54BE-415D-9C40-8E2780AF7864
2023-06-13 | 3:12 PM CDT
City Manager
City Clerk
City Attorney
2023-06-14 | 10:28 AM CDT
Assistant Chief Engineer
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Appendix 1 SEMPO FY 2024 BUDGET
Missouri CPG
(Federal)
Missouri Local
Match
Illinois
(Federal)
Illinois State
Match
Total Cost
Staff Labor - City of Cape Girardeau
Salaries $ 36,151 $ 9,038 $ 8,530 $ 2,133 $ 55,851
Benefits $ 13,913 $ 3,478 $ 3,283 $ 821 $ 21,495
Subtotal $ 50,064 $ 12,516 $ 11,813 $ 2,953 $ 77,346
Consultant Contract - KLG
Engineering, LLC
Program Support $ 11,327 $ 2,832 $ 2,673 $ 668 $ 17,500
Public Outreach $ 3,236 $ 809 $ 764 $ 191 $ 5,000
Education and Training $ 1,618 $ 405 $ 382 $ 95 $ 2,500
Subtotal $ 16,182 $ 4,045 $ 3,818 $ 955 $ 25,000
Consultant Contract - Southeast
Missouri Regional Planning &
Economic Development Commission
Data Collection and Management $ 12,945 $ 3,236 $ 3,055 $ 764 $ 20,000
Transportation Improvement
Program Management
$ 9,709 $ 2,427 $ 2,291 $ 573 $ 15,000
Subtotal $ 22,654 $ 5,664 $ 5,346 $ 1,336 $ 35,000
Consultant Contract - (TBD)
Origin and Destination Study
Research & Analytics Tool
Investment
$ 9,709 $ 2,427 $ 2,291 $ 573 $ 15,000
Subtotal $ 9,709 $ 2,427 $ 2,291 $ 573 $ 15,000
Consultant Contract - (TBD)
TIP Tool Deployment $ 12,945 $ 3,236 $ 3,055 $ 764 $ 20,000
Subtotal $ 12,945 $ 3,236 $ 3,055 $ 764 $ 20,000
Consultant Contract - Lochmueller
Metropolitan Transportation Plan -
Travel Demand Model Update
$ 2,589 $ 647 $ 611 $ 153 $ 4,000
Subtotal $ 2,589 $ 647 $ 611 $ 153 $ 4,000
Consultant Contract - TBD
*SEMPO Region Trail Connection
Study
$ 80,908 $ 20,227 $ 19,092 $ 4,773 $ 125,000
Subtotal $ 80,908 $ 20,227 $ 19,092 $ 4,773 $ 125,000
Consultant Contract -TBD
Intersection Studies $ 16,829 $ 4,207 $ 3,971 $ 993 $ 26,000
Subtotal $ 16,829 $ 4,207 $ 3,971 $ 993 $ 26,000
Other Direct Costs
Advertising $ 647 $ 162 $ 153 $ 38 $ 1,000
Books/Publications $ 194 $ 49 $ 46 $ 11 $ 300
Copies $ 647 $ 162 $ 153 $ 38 $ 1,000
Liability Insurance $ 647 $ 162 $ 153 $ 38 $ 1,000
Meetings/Conferences $ 2,589 $ 647 $ 611 $ 153 $ 4,000
Office Supplies $ 1,618 $ 405 $ 382 $ 95 $ 2,500
Postage $ 194 $ 49 $ 46 $ 11 $ 300
Printing $ 647 $ 162 $ 153 $ 38 $ 1,000
Training/Education $ 1,295 $ 324 $ 305 $ 76 $ 2,000
Dues and Memberships $ 427 $ 107 $ 101 $ 25 $ 660
Website Hosting $ 388 $ 97 $ 92 $ 23 $ 600
Subtotal $ 9,295 $ 2,324 $ 2,193 $ 548 $ 14,360
Indirect Costs $ - $ - $ - $ - $ -
TOTAL $ 221,175 $ 55,294 $ 52,190 $ 13,047 $ 341,706
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