HomeMy Public PortalAboutORD15637 BILL NO. 2016-119
SPONSORED BY COUNCILMAN _ Henry
ORDINANCE NO. / S70 3.7
AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF JEFFERSON AND BURNS AND
MCDONNELL ENGINEERING COMPANY, INC., FOR PROFESSIONAL SERVICES
AT THE JEFFERSON CITY MEMORIAL AIRPORT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized to execute an Agreement
with the Burns and McDonnell Engineering Company, Inc., to provide professional
services at the Jefferson City Memorial Airport.
Section 2. This agreement shall be substantially the same in form and content
as Exhibit A attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
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PROFESSIONAL SERVICES AGREEMENT
Between
The City of Jefferson Missouri
And
Burns & McDonnell Engineering Company, Inc.
Kansas City, Missouri
This AGREEMENT is made as of 04.- , 2017, by and between City of Jefferson, Missouri (hereinafter
called OWNER) and Burns & McDonnell Engineering Company, Inc. (hereinafter called ENGINEER).
OWNER from time to time requires professional services in connection with the construction, design,
operation and maintenance of its facilities. Therefore, OWNER and ENGINEER, in consideration of their
mutual covenants, agree as follows:
ENGINEER shall serve as OWNER'S professional engineer in those assignments to which this
AGREEMENT applies, and shall give consultation and advice to OWNER during the performance of
ENGINEER'S services.
SECTION 1 -AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written authorization of OWNER and
agreement of ENGINEER. The parties shall use the form of Task Order attached hereto as Exhibit A.
Contract Agreements and Assignments:
Projects that are administered through the Missouri Department of Transportation (MoDOT) for aviation
related services and where federal and/or state funds are obtained for such services, the OWNER and
ENGINEER agree to utilize the required Contract Documents as furnished by the MoDOT. All other
assignments shall adhere to the terms and conditions of this AGREEMENT as herein defined.
1.2 Assignments may include, Basic Services or as Additional Services of the ENGINEER.
1.2.1 Specific assignments as identified by the OWNER may include:
• Design and construction services for new and existing airport improvements.
• Design and construction services for airport buildings which may include: air traffic control tower
(ATCT).
• Update the Airport Master Plan, Airport Layout Plan, and Narratives.
• Aeronautical surveys.
• Environmental assessments, wildlife studies and mitigation, landscaping, drainage, and storm
water drainage.
• Land Acquisition.
• Airport lighting, airfield signage, compass rose, and other navigational aids (NAVAIDS).
• Assist with general airport development and MoDOT/FAA regulations and guidance.
• Additional services required to complete projects as identified by the OWNER and as identified on
the airport master plan documents.
• Other projects AIP or non-AIP eligible that may be required.
SECTION 2 -BASIC SERVICES OF ENGINEER
2.1 General. The Basic Services to be provided may include any of those tasks listed in this Section
2, as identified in the Task Order for a specific project.
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MISSOURI 02/10/2017
1
2.1.1 Civil, structural, mechanical, electrical engineering services, architectural services, or other
consulting services identified in the Task Order(s).
2.1.2 Advise OWNER as to the necessity of OWNER providing or obtaining services or data from others
described in Paragraph 4.3, make recommendations as to the possible sources of such services, and act
as OWNER'S representative in connection with any such services.
2.1.3 The ENGINEER shall perform services related to projects as authorized by the OWNER consistent
with those projects delineated and contained under SECTION 1 — AUTHORIZATION OF SERVICES.
However, nothing herein shall preclude the ENGINEER from providing the OWNER, upon request, with
additional services or extra work relative to and in connection with the specific projects list in SECTION 1 —
AUTHORIZATION OF SERVICES.
2.2 Concept Development
2.2.1 Consult with OWNER to determine OWNER'S requirements for the Project and available data.
2.2.2 Provide special analyses of OWNER'S needs, planning surveys, site evaluations, and comparative
studies of prospective sites and solutions.
2.2.3 Provide general economic analyses of OWNER'S requirements applicable to various alternatives.
2.2.4 Prepare a Concept Development Report summarizing studies performed in accomplishing
Paragraphs 2.2.2 and 2.2.3, including findings and recommendations for the Project, and furnish three
review copies of the Report to OWNER.
2.3 Schematic Design Services
2.3.1 On the basis of OWNER'S concurrence with recommendations of the Concept Development
Report, prepare schematic design documents indicating clearly the considerations involved and the
alternative solutions available to OWNER; the schematic design shall include schematic layouts, sketches,
and preliminary design criteria, and set forth ENGINEER'S recommendations and establish the scope of
the Project.
2.3.2 Prepare a preliminary cost opinion for the Project.
2.3.3 Furnish three copies of the above schematic documents and cost opinion.
2.3.4 Revise schematic design documents in response to OWNER'S and other parties' comments, as
appropriate, and furnish three final copies of the revised schematic design documents to the OWNER.
2.4 Preliminary Design Services
2.4.1 On the basis of the approved schematic design documents, prepare preliminary design documents
consisting of final design criteria, preliminary drawings, and outline specifications.
2.4.2 Prepare a revised preliminary cost opinion for the Project based on the information contained in
the preliminary design documents.
2.4.3 Furnish three approval copies of the above preliminary design documents and revised cost opinion.
2.5 Final Design Services
2.5.1 On the basis of the approved preliminary design documents, prepare for incorporation in the
Contract Documents detailed drawings to show the character and scope of the Work to be performed by
CITY OF JEFFERSON, MISSOURI 02/10/2017
contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to
Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which,
together with the Contract Drawings, are hereinafter called the "Bid Documents") for review and approval
by OWNER, its legal counsel, and other advisors as appropriate, and assist OWNER in the preparation of
i
other related documents.
2.5.2 Provide technical criteria, written descriptions, and design data for OWNER'S use in filing
applications for permits from or approvals of govemmental authorities having jurisdiction to review or
approve the final design of the Project and assist OWNER in consultations with appropriate authorities.
2.5.3 Advise OWNER of adjustments in excess of ten percent of the cost opinion for the Project caused
by changes in scope, design requirements, or construction costs and furnish a revised cost opinion for the
Project based on the final Bid Documents.
2.5.4 Furnish three approval copies of the final Bid Documents.
2.6 Bidding or Negotiating Services
2.6.1 Assist OWNER in obtaining and evaluating bids or negotiating proposals and preparing
construction contracts.
2.6.2 Consult with and advise OWNER as to the acceptability of subcontractors and other persons and
organizations proposed by the prime construction contractor(s) [hereinafter called "Contractor(s)"], for those
portions of the work as to which such acceptability is required by the Bid Documents.
2.6.3 Make recommendations regarding award of construction contracts.
2.7 Construction Phase Services
2.7.1 Consult with and advise OWNER and act as OWNER'S engineer as provided in ENGINEER'S
standard General Conditions for the Construction Contract. The extent and limitations of the duties,
responsibilities, and authority of ENGINEER as assigned in said General Conditions shall not be modified
without ENGINEER'S written consent.
2.7.2 Consult with and advise OWNER and act as OWNER'S engineer as may be provided in OWNER'S
construction contract conditions fumished pursuant to Paragraph 4.11 herein. The extent and limitations
of the duties, responsibilities, and authority of ENGINEER as may be assigned in said construction contract
conditions or in supplements prepared thereto shall not be modified without ENGINEER'S written consent.
2.7.3 As OWNER'S engineer, ENGINEER shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions or programs, or for Contractor's failure to
perform construction work in accordance with the Contract Documents, all of which shall remain the sole
responsibility of the OWNER'S Contractor.
2.7.4 Review Contractor(s) schedules for Work progress, equipment and materials procurement,
submittals, and values for partial pay purposes, and project cash flow requirements.
2.7.5 Review and accept Submittals of Contractor(s) for conformance with the design concept and intent
of the Contract Documents.
2.7.6 Make visits to the Site at intervals appropriate to the stages of construction to (consult with and
advise ENGINEER'S Resident Project Representative, if any, and) observe the progress and quality of the
executed Work, and to determine, in general, if the Project is proceeding in accordance with the Contract
Documents. ENGINEER shall not be required to make exhaustive or continuous inspections to check the
quality or quantity of the Work.
CITY OF JEFFERSON, MISSOURI 02/10/2017
2.7.7 Issue all instructions of OWNER to Contractor(s); prepare routine Supplemental Instructions,
Change Orders and Construction Change Directives, as required; act as interpreter of the terms and
conditions of the Contract Documents and judge of the performance thereunder by the parties thereto, and
make decisions on claims of OWNER and Contractor(s) relating to the execution and progress of the Work
and other matters and questions related thereto; but ENGINEER shall not be liable for the results of any
such interpretations or decisions rendered by ENGINEER in good faith.
2.7.8 Review Contractor(s) applications for payment and supporting data, determine the amounts owing
to Contractor(s), and approve in writing all payments to Contractor(s) in accordance with the Contract
Documents.
2.7.9 Render periodic Work progress reports to OWNER.
2.7.10 Conduct an inspection to determine if the Project is substantially complete and a final inspection to
determine if the Project has been completed in general in accordance with the Contract Documents, so
that ENGINEER may approve, in writing, final payment to each Contractor.
2.8 Post -Construction Services
2.8.1 Provide qualified engineers during equipment start-up and instruct OWNER'S personnel in
equipment function and intended use.
2.8.2 Prepare a reproducible Record Set of drawings revised to show significant changes made during
construction of the Project in accordance with records provided by Contractor and ENGINEER'S Resident
Project Representative, if any.
SECTION 3 - ADDITIONAL SERVICES OF ENGINEER
3.1 General
If authorized in writing by OWNER and agreed to in writing by ENGINEER, ENGINEER shall furnish or
obtain from others Additional Services of the following types which are not considered normal or customary
Basic Services. The scope of Additional Services may include:
3.1.1 Grant and Loan Assistance
Prepare applications and supporting documents for governmental grants, loans, or advances.
3.1.2 Financial Consultation
Consult with OWNER'S fiscal agents and bond attorneys and provide such engineering data as required
for any bond prospectus or other financing requirements.
3.1.3 Property Procurement Assistance
Determine land and easement requirements and provide consultation and assistance on property
procurement as related to professional services being performed.
3.1.4 Administrative Assistance.
Provide Contract and Project administration to the degree authorized by OWNER.
3.1.5 Obtaining Services of Others
Provide through subcontract the services or data set forth in Paragraph 4.3.
3.1.6 Furnishing renderings or models of the Project for OWNER'S use.
3.1.7 Miscellaneous Studies
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Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and
the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and
valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required
in connection with construction performed by OWNER.
3.1.8 Extraordinary Construction -Related Services
3.1.8.1 Additional or extended services during construction made necessary by a force majeure, act of
God, governmental action, severe weather, vandalism, terrorism, or other extraordinary event.
3.1.8.2 Consultation or other services after completion of the Construction Phase, such as frequent
inspections during any guarantee period and reporting observed discrepancies under guarantees called for
in any construction contract.
3.1.8.3 Preparing to serve or serving as a witness for OWNER in any litigation or other legal or
administrative proceeding involving the Project.
3.1.9 Preparation of an operating manual for use by OWNER.
3.1.10 Extra Services not specifically defined above that may be authorized by OWNER.
3.2 Resident Services During Construction
3.2.1 If requested by OWNER or recommended by ENGINEER and agreed to in writing by the other
party, a Resident Project Representative and assistants shall be furnished and shall act as directed by
ENGINEER in order to provide more extensive representation at the Project site during the Construction
Phase.
3.2.2 The Resident Project Representative, through more extensive on-site observations of the work in
progress, field checks of materials and equipment, and maintenance of jobsite records on conditions and
activities, shall assist ENGINEER in determining that the Project is proceeding in accordance with the
Contract Documents. However, the furnishing of such resident project representation shall not make
ENGINEER responsible for construction means, methods, techniques, sequences, or procedures, or for
safety precautions or programs, or for Contractor(s') failure to perform the construction work in accordance
with the Contract Documents.
3.3 Contingent Additional Services
3.3.1 If services described under Contingent Additional Services in Section 3.3 are required due to
circumstances beyond the ENGINEER'S control, the ENGINEER shall notify the OWNER prior to
commencing such services. if the OWNER deems that such services described in Section 3.3 are not
required, the OWNER shall give prompt written notice to the ENGINEER. If the OWNER indicates in writing
that all or part of such Contingent Additional Services are not required, the ENGINEER shall have no
obligation to provide those services.
3.3.2 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.3.2.1 inconsistent with approvals or instructions previously given by the OWNER, including revisions
made necessary by adjustments in the OWNER'S program or Project Budget.
3.3.2.2 required by the enactment or revision of codes, laws, or regulations subsequent to the preparation
of such documents.
3.3.2.3 due to changes required as a result of the OWNER'S failure to render a decision in a timely manner.
CITY OF JEFFERSON, MISSOURI 02/10/2017
3.3.3 Providing services required because of significant changes in the Project including, but not limited
to, size, quality, complexity, the OWNER'S schedule, or the method of bidding or negotiating and
contracting for construction.
3.3.4 Preparing Drawings, Specifications, and other documentation and supporting data, evaluating
Contractor's proposals, and providing other services in connection with Change Orders and Work Change
Directives.
3.3.5 Providing services in connection with evaluating substitutions proposed by the Contractor and
making subsequent revision to Drawings, Specifications, and other documentation resulting therefrom.
3.3.6 Providing consultation concerning replacement of Work damaged by fire or other cause during
construction, and furnishing services required in connection with the replacement of such Work.
3.3.7 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either the OWNER or Contractor
under the Contract for Construction.
3.3.8 Providing services in evaluating an extensive number of claims submitted by the Contractor or
others in connection with the Work.
3.3.9 Prolonged construction administration more than sixty (60) days after substantial completion, or
acceleration of the work schedule involving services beyond normal working hours.
3.3.10 Preparing documents for alternate, separate, or sequential bids or providing services in connection
with bidding, negotiation, or construction prior to the completion of the Final Design Phase.
SECTION 4 - RESPONSIBILITIES OF OWNER
OWNER shall, within a reasonable time, so as not to delay the services of ENGINEER:
4.1 Provide full information as to OWNER'S requirements for the Project.
4.2 Assist ENGINEER by placing at ENGINEER'S disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
4.3 Furnish engineering services or data, such as core borings, probings and subsurface explorations;
hydrographic surveys; laboratory tests and inspections of samples, materials, and equipment; appropriate
professional interpretations of all of the foregoing; property, boundary, easement, right-of-way, topographic,
and utility surveys; zoning and deed restrictions; and other special data or consultations, all of which
ENGINEER may rely upon in performing its services under this AGREEMENT.
4.4 Guarantee access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform its services under this AGREEMENT.
4.5 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and
other documents presented by ENGINEER and render in writing decisions pertaining thereto.
4.6 Provide such professional legal, accounting, financial, and insurance counseling services as may
be required for the Project.
4.7 Designate in writing a person to act as OWNER'S representative with respect to the services to be
performed under this AGREEMENT. Such person shall have complete authority to transmit instructions;
receive information; interpret and define OWNER'S policies and decisions with respect to materials,
CITY OF .JEFFERSON, MISSOURI 02/10/2017
equipment, elements, and systems to be used in the Project; and other matters pertinent to the services
covered by this AGREEMENT.
4.8 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of any defect in the Project.
4.9 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project
and such approvals and consents from others as may be necessary for completion of the Project.
4.10 Furnish, or direct ENGINEER to provide necessary Additional Services as stipulated in Section 3
of this AGREEMENT or other services as required.
4.11 If ENGINEER'S standard bidding requirements, agreement forms, and General Conditions are not
to be used, but OWNER'S documents are to be used instead, OWNER shall provide copies of such
documents for ENGINEER'S use in coordinating the Contract Drawings and Specifications.
SECTION 5 - PERIOD OF SERVICE
5.1 This AGREEMENT will become effective upon the first written notice by OWNER authorizing
services hereunder.
5.2 This AGREEMENT shall be applicable to all assignments authorized by OWNER and accepted by
ENGINEER subsequent to the date of its execution. All assignments authorized prior to the execution of
this document, even if performed in whole or in part before the execution date, shall be governed by the
terms and conditions of this AGREEMENT.
5.3 The provisions of this AGREEMENT have been agreed to in anticipation of the orderly and
continuous progress of the Project through completion of the services stated in the AGREEMENT.
ENGINEER'S obligation to render services hereunder will extend for an initial period of twelve months
(hereinafter the "primary term") and subject to renewal for four (4) additional and separate twelve (12) month
terms (hereinafter the "renewal term"). It is understood and agreed by the parties hereto that renewal of this
AGREEMENT at the conclusion of the primary term shall be automatic unless this AGREEMENT is
otherwise terminated as herein provided.
SECTION 6 - COMPENSATION
6.1 Compensation. OWNER shall pay ENGINEER for services rendered and reimbursable
expenses as follows, or as stated in the Task Order(s):
6.1.1 Amount of Payment: Method A — Fixed Lump Sum Payment.
For the Scope of Services described, the OWNER shall pay the ENGINEER the lump sum amount
as stated in the written Task Order for the specific project. For additional, reduced, or changed
scope of services, the amount of payment shall be adjusted on a mutually agreeable lump -sum
basis. Or,
6.1.2 Amount of Payment: Method B — Cost Plus a Fixed Payment.
For the Scope of Services described, the Owner shall pay the ENGINEER the sum of the following:
a. Individual's Hourly Rate, plus
b. ENGINEER's current Audited Overhead Rate to cover general and administrative expenses,
and payroll burden (as applicable to the specific Task Order) for office personnel, resident field
personnel and contract labor.
c. A ten percent fixed payment of the sum of a. and b.
CITY OF JEFFERSON, MISSOURI 02/10/2017
d. Direct hourly rate is determined by dividing each individual's current annual base salary by
2,088 hours per year. Overtime rate for nonexempt personnel shall be 1.5 times the hourly rate.
Exempt and nonexempt are as defined by the United State Fair Labor Standards Act.
6.1.3 For outside expenses incurred by the ENGINEER, such as authorized travel and subsistence,
commercial services, courier deliveries, and incidental expenses, the cost to ENGINEER.
6.1.4 For reproduction, printing, long distance telephone calls, fax services, vehicles, and testing
apparatus, amounts as determined from ENGINEER's schedule of rates in effect at the time the
service is provided.
6.1.5 For services rendered by others as subcontractor(s) to ENGINEER, such as surveying, real
property descriptions, soil borings, subsurface investigations, laboratory testing, field quality control
tests, progress photographs, or other activities required of requested by the OWNER, the cost to
ENGINEER.
6.1.6 For time expended by outside individual professional service CONSULTANTs employed by the
ENGINEER in providing services to the OWNER, the cost to the ENGINEER. Expenses incurred
by such outside CONSULTANTs in service to the OWNER shall be reimbursable in accordance
with Subparagraph 6.1.3 above.
6.1.7 For expenses incurred by ENGINEER in providing resident field services such as vehicle lease or
rental, telephone services, miscellaneous resident office expenses, commercial services, field
personnel moving expenses to the field site location, per diem or mileage allowances for personnel
assigned in the field, authorized travel and subsistence expenses of personnel temporarily
assigned from ENGINEER's offices to the field, and other such items incidental to operating a field
office, the cost to ENGINEER.
6.1.8 The total payment for the Scope of Services described in each Task Order shall not exceed as
stated in the written Task Order for the specific project without written approval of the OWNER.
6.2 Statements
Monthly statements, in ENGINEER'S standard format, will be submitted by the ENGINEER to the OWNER.
6.2.1 Method A — Fixed Lump Sum Payment. Statements will be based on the ENGINEER's estimated
percent of services completed at the end of the preceding month.
6.2.2 Method B — Cost Plus a Fixed Payment. Statements will be submitted for payment covering
services performed, costs and expenses incurred, and appropriate fee or markup (if applicable) during the
preceding month.
6.3 Payments
Statements are payable upon receipt. A late payment charge of 1.5 percent per month or any partial month
will be added to amounts not received within 30 days of the statement date. Time is of the essence in
payments of statements, and timely payment is a material part of the consideration of this AGREEMENT.
Costs, including reasonable attorney's fees, incurred by the ENGINEER in collecting any delinquent amount
shall be reimbursed by the OWNER. If a portion of ENGINEER'S statement is disputed by OWNER, the
undisputed portion shall be paid by OWNER by the due date. The OWNER shall advise the ENGINEER in
writing of the basis for any disputed portion of any statement.
6.4 Taxes
Taxes, other than United States federal and state income taxes, and Kansas City, Missouri earnings tax,
as may be imposed by the United States, state, and local authorities, shall be in addition to the payment
stated under "Amount of Payment".
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SECTION 7 - GENERAL CONSIDERATIONS
7.1 Insurance
7.1.1 During the course of performance of these services, ENGINEER will maintain (in United States
Dollars) the following minimum insurance coverages:
Tvae of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability:
Limits of Liability
Statutory
$1,000,000 Each Accident
$3,000,000 Combined Single Limit
$3,000,000 Combined Single Limit
$1,000,000 Per Claim and Annual Aggregate
If requested, ENGINEER will provide to OWNER certificates as evidence of the specified insurance.
7.1.2. Construction Contractors shall be required to provide (or OWNER may provide) Owners' Protective
Liability Insurance naming the OWNER as a Named Insured and the ENGINEER as an additional insured,
or, to endorse OWNER and ENGINEER using ISO Form GC 20 10 11 85 endorsement or its equivalent as
Additional Insureds on all construction Contractors' liability insurance policies covering claims for personal
injuries and property damage in at least the amount required of ENGINEER in Section 7.1.1,
above. Construction Contractors shall be required to provide certificates evidencing such insurance to
the OWNER and ENGINEER.
7.1.3. To the extent allowed bylaw, OWNER and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance (including deductibles)
during and after the completion of ENGINEER'S services. If the services result in a Construction Phase, a
provision similar to this shall be incorporated into all Construction Contracts entered into by OWNER, and
all construction Contractors shall be required to provide waivers of subrogation in favor of OWNER and
ENGINEER for damage or liability covered by any construction Contractor's policy of insurance.
7.2 Professional Responsibility
7.2.1. ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER'S
services and will carry out its responsibilities in accordance with customarily accepted professional
engineering practices. If the ENGINEER fails to meet the foregoing standard, ENGINEER will perform at
As own cost, and without reimbursement from OWNER, the professional services necessary to correct
errors and omissions which are caused by ENGINEER'S failure to comply with above standard, and which
are reported to ENGINEER within one year from the completion of ENGINEER'S services for the Project.
7.2.2. The obligations and representations contained in Paragraph 7.2.1 are ENGINEER'S sole obligation
and OWNER'S exclusive remedy with respect to defects in the quality of services detected prior to project
completion under a Task Order. OWNER'S failure to properly operate and maintain the project shall relieve
ENGINEER of its liability for any damage caused in whole or in part by improper operation or maintenance.
CITY OF JEFFERSON, MISSOURI 02/10/2017
7.2.3 No warranty, express or implied, is included in this Agreement or regarding any drawing,
specification, or other work product or instrument of service or oral or written representation by ENGINEER
or its employees or consultants.
7.2.4 Subject to Paragraph 7.14.1 and Section 8, the obligations and remedies stated in this Section 7.2,
Professional Responsibility, are the sole and exclusive obligations of ENGINEER and remedies of OWNER,
regardless of the cause of action pled including, without limitation, all types of negligence.
7.3 Cost Opinions and Projections
Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules,
operation and maintenance costs, equipment characteristics and performance, and operating results are
based on ENGINEER'S experience, qualifications, and judgment as a design professional. Since
ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor
productivity, construction Contractors' procedures and methods, unavoidable delays, construction
Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions,
and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual
rates, costs, performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
7.4 Changes
OWNER shall have the right to make changes within the general scope of ENGINEER'S services, with an
appropriate change in compensation and schedule, upon execution of a mutually acceptable amendment
or change order signed by an authorized representative of the OWNER and the President or any Vice
President of the ENGINEER.
7.5 Suspension of Services
Should OWNER fail to fulfill its responsibilities as provided under Section 4 to the extent that ENGINEER
is unduly hindered in ENGINEER'S services or if OWNER fails to make any payment to ENGINEER on
account of ENGINEER'S services and expenses within 90 days after receipt of ENGINEER'S bill therefor,
ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this
AGREEMENT until OWNER has satisfied OWNER'S obligations under this AGREEMENT.
7.6 Termination
7.6.1. Reference Exhibit B (attached) Federal Contract Provisions per the Federal Aviation Administration
(FAA) Airport Improvement Program (AIP).
7.7 Delays
In the event the services of the ENGINEER are suspended or delayed by the OWNER, the ENGINEER
shall be entitled to additional compensation for reasonable costs incurred by the ENGINEER in temporarily
closing down or delaying the Project and reassigning Project staff (including, but not limited to, unavoidable
down time and any termination expenses incurred where reassignment is not reasonably possible) and in
organizing Project files, records, and work in progress for suspension and later resumption of the
ENGINEER'S services.
7.8 Legal Fees and Expenses
In the event that a dispute should arise relating to the performance of the services to be provided and
should that dispute result in litigation, it is agreed that each party shall bear their own legal fees and
expenses, including all reasonable costs of litigation, including staff time, court costs, attomeys' fees, and
other related expenses.
7.9 Rights and Benefits
ENGINEER'S services will be performed solely for the benefit of the OWNER and not for the benefit of any
other persons or entities.
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7.10 Dispute Resolution
7.10.1 Scope of Section: The procedures of this Section 7.10 and it subparts shall apply to any and all
disputes between OWNER and ENGINEER (including disputes involving an officer, director or employee
of either party) which arise from, or in any way are related to, this AGREEMENT, including, but not limited
to the interpretation of this AGREEMENT, the enforcement of its terms, any acts, errors, or omissions of
OWNER or ENGINEER in the performance of this AGREEMENT, whether in contract or in tort, and disputes
concerning payment.
7.10.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate and, if
necessary, mediate their disputes as set forth in this Paragraph. If timely Notice is given under Paragraph
7.10.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon
application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 7.10.3, 7.10.4,
and 7.10.5 have been complied with.
7.10.3 Notice of Dispute
7.10.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any
incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other
party with a written Notice;
7.10.3.2 For disputes arising after the making of final payment, OWNER shall give ENGINEER written
Notice at the address listed in Paragraph 7.18 within ninety (90) days after occurrence of any incident,
accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate portions of this
AGREEMENT that authorize the relief requested.
7.10.4 Negotiation: Within seven (7) days of receipt of the Notice, the Project Managers for the OWNER
and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that
level within twenty-one (21) days after Notice then, upon written request of either side, the matter shall be
referred to the Division President of the ENGINEER and the following executive officer of OWNER, Deputy
Director for Planning and Transportation Services. These officers shall meet at the Project Site or such
other location as is agreed upon within thirty (30) days of the written request to resolve the dispute.
7.10.5 Mediation: Deleted
7.10.6 Arbitration: Deleted
7.10.7 Waiver Upon Final Payment: Deleted.
7.10.8 Waiver Due to Untimely Notice: Deleted.
7.11 The OWNER represents that it has sufficient funds or the means of obtaining funds to remit
payment to the ENGINEER for services rendered by the ENGINEER.
7.12 Publications
Recognizing the importance of professional development on the part of ENGINEER'S employees and the
importance of ENGINEER'S public relations, ENGINEER may prepare publications, such as technical
papers, articles for periodicals, and press releases, pertaining to ENGINEER'S services for the
Project. Such publications will be provided to OWNER in draft form for OWNER'S advance
review. OWNER shall review such drafts promptly and provide OWNER'S comments to
ENGINEER. OWNER may require deletion of proprietary data or confidential information from such
publications, but otherwise OWNER will not unreasonably withhold approval. The cost of ENGINEER'S
activities pertaining to any such publication shall be for ENGINEER'S account.
CITY OF JEFFERSON, MISSOURI 02/1012017
11
7.13 Indemnification for Pollution Related Claims
To the extent allowed under law, for services involving or related to pollution, toxic substances, or
hazardous wastes or asbestos abatement work, OWNER agrees to release, defend, indemnify, and hold
harmless ENGINEER and its officers, directors, employees, agents, and consultants and from all liability,
claims, demands, damages, losses, and expenses, direct, indirect or consequential, including, but not
limited to, claims of OWNER and other persons and organizations, reasonable fees and expenses of
attorneys and consultants, and court costs arising out of the performance of this AGREEMENT. This
indemnification provision extends to claims against ENGINEER which arise out of the actual, alleged, or
threatened dispersal, escape, or release of chemicals, wastes, liquids, gases, or any other material, irritant,
contaminant, or pollutant, or arising out of or resulting from asbestos abatement work.
7.14 Indemnification
7.14.1 Except for those projects identified in Section 7.13, and subject to the provisions of Sections 4 and
8 of this Agreement, ENGINEER agrees to indemnify OWNER for damages, costs and expenses (including
reasonable attorney's fees) but only to the extent caused by the negligent acts, errors or omissions of
ENGINEER, its officers, directors, shareholders, employees, agents, and consultants, and any of them.
Nothing in this Agreement shall require ENGINEER to provide a defense of the OWNER against any claim,
suit or complaint.
7.14.2 To the extent allowed by law, OWNER agrees to indemnify ENGINEER for damages, costs and
expenses (including reasonable attorney's fees) but only to the extent caused by the negligent acts, errors
or omissions of OWNER, its officers, directors, shareholders, Contractors, employees, agents, and
consultants, and any of them.
7.14.3 OWNER agrees that it will require all construction Contractors to indemnify, defend, and hold
harmless OWNER and ENGINEER from and against any and all loss where loss is caused or incurred or
alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of
the Contractors, or their employees, agents, subcontractors, and suppliers.
7.14.4 If the services under a Task Order involve construction, and ENGINEER does not provide services
during construction including, but not limited to, on-site observation, site visits, submittals review, and
design clarifications, OWNER agrees to indemnify and hold harmless ENGINEER from or against any
liability arising from the Project or this AGREEMENT.
7.15 Computer Models
ENGINEER may use or modify ENGINEER'S proprietary computer models in service of OWNER under
this AGREEMENT, or ENGINEER may develop computer models during ENGINEER'S service to OWNER
under this AGREEMENT. Such use, modification, or development by ENGINEER does not constitute a
license to OWNER to use or modify ENGINEER'S computer models. Said proprietary computer models
shall remain the sole property of the ENGINEER. OWNER and ENGINEER will enter into a separate
license agreement if OWNER wishes to use ENGINEER'S computer models.
7.16 Reuse of Documents
All documents including Contract Drawings and Specifications prepared or furnished by ENGINEER (and
ENGINEER'S independent professional associates and consultants) pursuant to this AGREEMENT are
instruments of service in respect of the Project, and ENGINEER shall have the ownership and property
interest therein whether or not the Project is completed. OWNER may make and retain copies for
information and reference in connection with the use and occupancy of the project by OWNER and
others; however, such documents are not intended or represented to be suitable for reuse by OWNER or
others on extensions of the Project or on any other project. Any reuse without written verification or
adaptation by ENGINEER for the specific purpose intended will be at OWNER'S sole risk and without
liability or legal exposure to ENGINEER, or to ENGINEER'S independent professional associates or
consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER'S independent
CITY OF JEFFERSON, MISSOURI 02/10/2017
12
professional associates and consultants from and against all claims, damages, losses, and expenses,
including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER.
7.17 Electronic Media
Any electronic media (computer disks, tapes, and similar items) furnished with respect to ENGINEER'S
services are for OWNER'S information and convenience only. Such media are not to be considered part
of ENGINEER'S instruments of service. (Due to the potential that information contained in electronic media
can be modified by OWNER or others, ENGINEER, at its option, may remove all indicia of ENGINEER'S
ownership and involvement from each electronic display.)
ENGINEER shall not be liable for loss or damage directly or indirectly, arising out of use of electronic media
including, but not limited to, any loss of business or incidental or consequential damage. OWNER shall
assume all risk and release, indemnify, and hold harmless ENGINEER, its officers, directors, employees,
servants, agents, successors, and assigns, from and against each and every claim or cause of action that
OWNER or others may have or which may arise in the future respecting use of the electronic media.
If there is a discrepancy between the electronic media files and the signed and sealed hard copies, the hard
copies shall govern.
7.18 Notices
Any Notice required under this AGREEMENT will be in writing, addressed to the appropriate party at the
following addresses:
OWNER'S address:
The City of Jefferson
c/o Mr. Britt Smith, PE
320 East McCarty Street
Jefferson City, Missouri 65101
ENGINEER'S address:
Burns & McDonnell Engineering Company, Inc.
c/o David G. Hadel, PE
9400 Ward Parkway
Kansas City, Missouri 64114
7.19 Successor and Assigns
OWNER and ENGINEER each binds itself and its successors, executors, administrators, and assigns to
the other party of this AGREEMENT and to the successors, executors, administrators, and assigns of such
other party, in respect to all covenants of this AGREEMENT; except as above, neither OWNER nor
ENGINEER shall assign, sublet, or transfer its interest in the AGREEMENT without the written consent of
the other.
7.20 Controlling Law
This AGREEMENT shall be subject to, interpreted, and enforced according to the laws of the State of
Missouri without regard to any conflicts of law provisions.
7.21 Federal contract provisions per the FAA AIP provided within Exhibit B (attached), the term
"CONSULTANT" shall apply to ENGINEER and "SPONSOR" shall apply to OWNER. The Federal contract
provisions provided within Exhibit B (attached) will be adhered to as practical for the duration of this
AGREEMENT. For services rendered by others as subcontractor(s) to ENGINEER, these Federal contract
provisions will be adhered to as practical for the duration of this AGREEMENT.
CITY OF .JEFFERSON, MISSOURI 02/10/2017
13
7.22 Entire Agreement
This AGREEMENT represents the entire AGREEMENT between the ENGINEER and OWNER relative to
the Scope of Services herein. All previous or contemporaneous agreements, representations, promises,
and conditions relating to ENGINEER'S services described herein are superseded. Since terms contained
in purchase orders do not generally apply to professional services, in the event OWNER issues to
ENGINEER a purchase order, no preprinted terms thereon shall become a part of this AGREEMENT. Said
purchase order document, whether or not signed by ENGINEER, shall be considered as a document for
the OWNER'S internal management of its operations.
7.23 Employment of Unauthorized Aliens Prohibited
ENGINEER agrees to comply with Missouri State Statute Section 285.530 in that ENGINEER shall not
knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within
the State of Missouri. As a condition for the award of this contract, ENGINEER shall, by sworn affidavit and
provision of documentation, affirm its enrollment and participation in a federal work authorization program
with respect to the employees working in connection with the contracted services. ENGINEER shall also
sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in
connection with contracted services. ENGINEER shall require each subcontractor to affirmatively state in
its contract with ENGINEER that the subcontractor shall not knowingly employ, hire for employment or
continue to employ an unauthorized alien to perform work within the State of Missouri. ENGINEER shall
also require each subcontractor to provide ENGINEER with a sworn affidavit under the penalty of perjury
attesting to the fact that the subcontractor's employees are lawfully present in the United States.
SECTION 8 — LIMITATION OF LIABILITY
8.1 Deleted.
8.2 In no event will ENGINEER be liable for any special, indirect, or consequential damages including,
without limitation, damages or losses in the nature of increased Project costs, loss of revenue or profit, lost
production, claims by customers of OWNER, or governmental fines or penalties.
IN WITNESS WHEREOF, the parties have made and executed this AGREEMENT as of the day and year
first above written.
OWNER: City of Jefferson, Missouri ENGINEER: Burns & McDonnell Engineering
�} T Company, Inc.
By: I By:
Name: Carrie Tergin Name: David G. Hadel
Title: Mayor Title: Manager Aviation Services
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
REFERENCE EXHIBIT A (ATTACHED) FOR EXAMPLE TASK ORDER FORMAT
REFERENCE EXHIBIT B (ATTACHED) FOR FEDERAL PROVISIONS
APPROVED AS 70 FORM:
unceiar
CITYOF F ERSON,MISSOURI 02110/2017
14
Company ID Number: 34471
113F: FOR EMP1 ON'NIE`T VE111_FIC ATION
N1EN1011ANN )1?1�I 0 *I'N'DT1.
-RS'1'ANDfNCx
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Social Security Administration (SSA), the Department of Homeland Security (DHS) and Burns
and McDonnell Engineering Co, Inc. (Employer) regarding the Employer's participation in the
Employment Eligibility Verification Program (E -Verify). E -Verify is a program in which the
employment eligibility of all newly hired employees will be confirmed after the Employment
Eligibility Verification Form (Form I-9) has been completed.
Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (RRIRA), Pub. L. 104-208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note).
ARTICLE H
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF THE SSA
1. Upon completion of the Form I-9 by the employee and the Employer, and provided the
Employer complies with the requirements of this MOU, SSA agrees to provide the Employer
with available information that allows the Employer to confirm the accuracy of Social Security
Numbers provided by all newly hired employees and the employment authorization of U.S.
citizens.
2. The SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E -Verify program. The SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E -Verify process.
3. The SSA agrees to safeguard the information provided by the Employer through the E -
Verify program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E -Verify program or such other persons or entities who may be authorized by the SSA as
governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and
SSA regulations (20 CFR Part 401).
4. SSA agrees to establish a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or tentative
nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both
citizens and aliens within 3 Federal Government work days of the initial inquiry.
Company ID Number: 34471
without changes to E -Verify, the Department reserves the right to require employers to take
mandatory refresher tutorials.
Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may
terminate this MOU without prior notice if deemed necessary because of the requirements of law
or policy, or upon a determination by SSA or DHS that there has been a breach of system
integrity or security by the Employer, or a failure on the part of the Employer to comply with
established procedures or legal requirements. Some or all SSA and DHS responsibilities under
this MOU may be performed by contractor(s), and SSA and DHS may adjust verification
responsibilities between each other as they may determine.
Nothing in- this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom,
including (but not limited to) any dispute between the Employer and any other person or entity
regarding the applicability of Section 403(d) of IDURA to any action taken or allegedly taken by
the Employer.
The employer understands that the fact of its participation in E -Verify is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E -Verify publicity and media inquiries,
and responses to inquiries under the Freedom of information Act (FOIA).
The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the
Employer.
The individuals whose signatures appear below represent that they are authorized to enter into
this MOU on behalf of the Employer and DHS respectively.
To be accepted as a participant in E -Verify, you should only sign the Employer's Section of
the signature page. If you have any questions, contact E -Verify Operations at 888464-
4218.
Employer Burns and McDonnell Engineering Co, Inc.
Kathy Newman
Name (Please type or print)
li�Am
Signatu
HR Analyst
Title
10/06/2006
Date
Department of Homeland Security — Verification Division
Company ID Number. 34471
USCLS Verification Division
Name (Please type or print)
Electronically Signed
Signature
Title
X0102/2006
Date---• -- -----.._.... ---- - -- ....
FEDERAL WORK AUTHORIZATION PROGRAM AFFIDAVIT
State of Missouri
County of Jackson
The undersigned affiant, Kathy Newman being first duly sworn, hereby
deposes and says:
1. 1 am over the age of eighteen, suffer no legal disabilities, have
personal knowledge of the facts set forth below, and am competent
to testify.
2. 1 am authorized to make this affidavit on behalf of
Burns & McDonnell Engineering Co, Inc.
3. 1 hereby affirm that the company identified in section 2 of this affidavit is
enrolled and participates in a federal work authorization program with
respect to the employees working in connection with the contracted
services. The name of said Federal Work Authorization program is
E -Verify Company ID 34471
4. 1 hereby affirm that the company identified in section 2 of this affidavit
does not knowingly employ any person who is an unauthorized alien in
connection with the contracted services.
This the 13th day of February 2017.
Name
HRIS Manager "0', p "" E " S """
oIq,'
Title � OJ ' �sPnae Fya• •$'�
�/:o� NOTAgY 4i•�•
Sworn and Subscribed before me this f E' Pu6LI
E NOTAPY ro
L V SEAL c
122
the 13" F1 day of 1•,r aru , Z41A 125 112
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Notary Public
My Commission expires: F¢brurT+ 2oa0
[attach documentation of enrollment/participation in a federal work authorization program]
��® BURNS
RMSDONNELL
TASK ORDER AGREEMENT
(Exhibit A)
AUTHORIZATION NO.
PROFESSIONAL ENGINEERING SERVICES
FOR
"INSERT PROJECT NAME"
AT JEFFERSON CITY MEMORIAL AIRPORT
Project
This Task Order is entered into and authorized by Owner this day of .20 , by and
between CITY OF JEFFERSON, MISSOURI (hereinafter called OWNER) and Burns & McDonnell
Engineering Company, Inc. (hereinafter called ENGINEER).
The parties agree that the ENGINEER shall perform the following Services in accordance with the
terms of the Engineer -Owner Agreement dated .20
1. Project Name and Description of Improvements:
2. Scope of Services:
3. Method of Compensation:
4. Amount of Compensation:
5. Estimate time of Completion:
6. ENGINEER's Notice to Proceed Date:
IN WITNESS WHEREOF, the parties hereto have caused this Authorization to be executed in
three (3) counterparts by their duly authorized representatives and made effective the day and
year first above written.
OWNER: City of Jefferson, Missouri ENGINEER: Burns & McDonnell
Engineering Company, Inc.
0
0
CIN OF JEFFERSON. MISSOURI 02/10/2017
Name:
Carrie Tergin
Title:
Mayor
ATTEST
By:
Name:
Title:
City Clerk
City of Jefferson, Missouri
Name: David G. Hadel, PE
Title: Manager, Aviation Services
End of Authorization No.
For Professional Engineering Services
2
10/09/2016
N BURNS
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FEDERAL CONTRACT PROVISIONS
FOR
ENGINEER -OWNER AGREEMENT
(Exhibit B)
ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "BIDDER", AND "OFFEROR" SHALL
PERTAIN TO THE ARCHITECT/ENGINEER (A/E). ALL REFERENCES MADE HEREIN TO
"SUBCONTRACTOR" SHALL PERTAIN TO ANY AND ALL SUBCONSULTANTS UNDER
CONTRACT WITH THE A/E.
ALL REFERENCES TO "SPONSOR" SHALL PERTAIN TO THE STATE, CITY, AIRPORT
AUTHORITY, OR OTHER PUBLIC ENTITY EXEUCTING THE CONTRACT WITH THE A/E.
ACCESS TO RECORDS AND REPORTS
Reference: 2 CFR § 200.326, 2 CFR 200.33
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to
provide the SPONSOR, the Federal Aviation Administration, and the Comptroller General of the
United States or any of their duly authorized representatives, access to any books, documents,
papers, and records of the contractor which are directly pertinent to the specific contract for the
purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to
maintain all books, records and reports required under this contract for a period of not less than
three years after final payment is made and all pending matters are closed.
GENERAL CIVIL RIGHTS PROVISIONS
Reference: 49 USC § 47123
The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin,
sex, age, or disability be excluded from participating in any activity conducted with or benefiting
from Federal assistance.
This provision binds the contractor and subtier contractors from the bid solicitation period
through the completion of the contract. This provision is in addition to that required of Title VI of
the Civil Rights Act of 1964.
Title VI Solicitation Notice:
Reference: FAA Order 1400.11
The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to
submit bids in response to this invitation and will not be discriminated against on the grounds of
race, color, or national origin in consideration for an award.
Compliance with Nondiscrimination Requirements
Reference: FAA Order 1400.11
CIN OF JEFFERSON. MISSOURI 02/1012017
During the performance of this contract, the contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will
comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they
may be amended from time to time, which are herein incorporated by reference and made
a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases
of equipment. The contractor will not participate directly or indirectly in the discrimination
prohibited by the Nondiscrimination Acts and Authorities, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49
CFR part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made by the
contractor for work to be performed under a subcontract, including procurements of
materials, or leases of equipment, each potential subcontractor or supplier will be notified
by the contractor of the contractor's obligations under this contract and the
Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required
by the Acts, the Regulations, and directives 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 SPONSOR or the Federal Aviation Administration to be pertinent to
ascertain compliance with such Nondiscrimination Acts And Authorities and instructions.
Where any information required of a contractor is in the exclusive possession of another
who fails or refuses to furnish the information, the contractor will so certify to the
SPONSOR or the Federal Aviation Administration, as appropriate, and will set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the
Non-discrimination provisions of this contract, the sponsor will impose such contract
sanctions as it or the Federal Aviation Administration may determine to be appropriate,
including, but not limited to:
a. Withholding payments to the contractor under the contract until the contractor
complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs
one through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
thereto. The contractor will take action with respect to any subcontract or procurement
as the sponsor or the Federal Aviation Administration may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, that if the contractor
CITY OF JEFFERSON, MISSOURI 02/10/2017
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becomes involved in, or is threatened with litigation by a subcontractor, or supplier
because of such direction, the contractor may request the sponsor to enter into any
litigation to protect the interests of the SPONSOR. In addition, the contractor may
request the United States to enter into the litigation to protect the interests of the United
States.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
Reference: FAA Order 1400.11
During the performance of this contract, the contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department
of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms "programs or activities" to include all of the programs or activities of the Federal -aid
recipients, sub -recipients and contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131
– 12189) as implemented by Department of Transportation regulations at 49 CFR parts
37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against
CIN OF JEFFERSON, MISSOURI 02/10/2017
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
DISADVANTAGED BUSINESS ENTERPRISES
Reference: 49 CFR Part 26
Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other remedy,
as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this
prime contract for satisfactory performance of its contract no later than {specify number} days
from the receipt of each payment the prime contractor receives from {Name of recipient}. The
prime contractor agrees further to return retainage payments to each subcontractor within
{specify the same number as above} days after the subcontractor's work is satisfactorily
completed. Any delay or postponement of payment from the above referenced time frame may
occur only for good cause following written approval of the {Name of Recipient}. This clause
applies to both DBE and non -DBE subcontractors.
ENERGY CONSERVATION REQUIREMENTS
Reference: 2 CFR § 200, Appendix II(H)
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to
energy efficiency as contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq).
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
Reference: 29 U.S.C. § 201, et seq
All contracts and subcontracts that result from this solicitation incorporate by reference the
provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force
and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping,
and child labor standards for full and part time workers.
CITY OF JEFFERSON, MISSOURI 02/10/2017
4
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The CONSULTANT has full responsibility to monitor compliance to the referenced statute or
regulation. The CONSULTANT must address any claims or disputes that arise from this
requirement directly with the U.S. Department of Labor— Wage and Hour Division
CERTIFICATION REGARDING LOBBYING
Reference: 31 U.S.C. § 1352 — Byrd Anti -Lobbying Amendment
2 CFR Part 200, Appendix II(J)
49 CFR Part 20, Appendix A
The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Bidder or Offeror, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Reference 20 CFR Part 1910
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text.
Contractor must provide a work environment that is free from recognized hazards that may
cause death or serious physical harm to the employee. The Contractor retains full responsibility
to monitor its compliance and their subcontractor's compliance with the applicable requirements
of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address
any claims or disputes that pertain to a referenced requirement directly with the U.S. Department
of Labor— Occupational Safety and Health Administration.
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RIGHTS TO INVENTIONS
Reference: 2 CFR § 200, Appendix II(F)
37 CFR §401
Contracts or agreements that include the performance of experimental, developmental, or
research work must provide for the rights of the Federal Government and the Owner in any
resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit
Organizations and Small Business Firms under Government Grants, Contracts, and
Cooperative Agreements. This contract incorporates by reference the patent and inventions
rights as specified within in the 37 CFR §401.14. Contractor must include this requirement in
all sub -tier contracts involving experimental, developmental or research work.
TRADE RESTRICTION CERTIFICATION
Reference: 49 USC § 50104
49 CFR Part 30
By submission of an offer, the Offeror certifies that with respect to this solicitation and any
resultant contract, the Offeror —
a. is not owned or controlled by one or more citizens of a foreign country included in the list
of countries that discriminate against U.S. firms as published by the Office of the United
States Trade Representative (U.S.T.R.);
b. has not knowingly entered into any contract or subcontract for this project with a person
that is a citizen or national of a foreign country included on the list of countries that
discriminate against U.S. firms as published by the U.S.T.R; and
c. has not entered into any subcontract for any product to be used on the Federal on the
project that is produced in a foreign country included on the list of countries that
discriminate against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, United States Code, Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the
Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when
submitted or has become erroneous by reason of changed circumstances. The Contractor must
require subcontractors provide immediate written notice to the Contractor if at any time it learns
that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
(1) who is owned or controlled by one or more citizens or nationals of a foreign country included
on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or
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(2) whose subcontractors are owned or controlled by one or more citizens or nationals of a
foreign country on such U.S.T.R. list or
(3) who incorporates in the public works project any product of a foreign country on such
U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate
this provision for certification without modification in in all lower tier subcontracts. The contractor
may rely on the certification of a prospective subcontractor that it is not a firm from a foreign
country included on the list of countries that discriminate against U.S. firms as published by
U.S.T.R, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making
an award. If it is later determined that the Contractor or subcontractor knowingly rendered an
erroneous certification, the Federal Aviation Administration may direct through the Owner
cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
TEXTING WHEN DRIVING
Reference: Executive Order 13513
DOT Order 3902.10
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving"
(12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety
policies that decrease crashes by distracted drivers, including policies to ban text messaging
while driving when performing work related to a grant or sub -grant.
In support of this initiative, the Owner encourages the Contractor to promote policies and
initiatives for its employees and other work personnel that decrease crashes by distracted
drivers, including policies that ban text messaging while driving motor vehicles while performing
work activities associated with the project. The Contractor must include the substance of this
clause in all sub -tier contracts exceeding $3,500 and involve driving a motor vehicle in
performance of work activities associated with the project.
VETERAN'S PREFERENCE
Reference: 49 USC § 47112(c)
In the employment of labor (excluding executive, administrative, and supervisory positions), the
contractor and all sub -tier contractors must give preference to covered veterans as defined
within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era
veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small
business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans.
This preference only applies when there are covered veterans readily available and qualified to
perform the work to which the employment relates.
CITY OF JEFFERSON, MISSOURI 02/1012017
PROVISIONS APPICABLE TO CONTRACTS EXCEEDING $10,000
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
Reference: 2 CFR § 200 Appendix II(B)
FAA Advisory Circular 150/5370-10, Section 80-09
The Owner may, by written notice to the Consultant, terminate this Agreement for its
convenience and without cause or default on the part of Consultant. Upon receipt of the notice
of termination, except as explicitly directed by the Owner, the Contractor must immediately
discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys,
models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this contract, whether complete or
partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work
completed up through the date the Consultant receives the termination notice. Compensation
will not include anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Reference: 2 CFR § 200 Appendix II(B)
FAA Advisory Circular 150/5370-10, Section 80-09
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations
that are essential to the completion of the work per the terms and conditions of the Agreement.
The party initiating the termination action must allow the breaching party an opportunity to
dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its
intent to terminate the Agreement. The notice must specify the nature and extent of the breach,
the conditions necessary to cure the breach, and the effective date of the termination action.
The rights and remedies in this clause are in addition to any other rights and remedies provided
by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for
the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved
extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project;
3. Fulfill the obligations of the Agreement that are essential to the completion of the
Project.
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Upon receipt of the notice of termination, the Consultant must immediately discontinue all
services affected unless the notice directs otherwise. Upon termination of the Agreement, the
Consultant must deliver to the Owner all data, surveys, models, drawings, specifications,
reports, maps, photographs, estimates, summaries, and other documents and materials
prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to makejust and equitable compensation to the Consultant for satisfactory work
completed up through the date the Consultant receives the termination notice. Compensation
will not include anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that
are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in
default of the Agreement, the rights and obligations of the parties shall be the same as if the
Owner issued the termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in
part, if the Owner:
1. Defaults on its obligations under this Agreement;
Fails to make payment to the Consultant in accordance with the terms of this
Agreement;
3. Suspends the Project for more than [180] days due to reasons beyond the control of the
Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with
Consultant for the purpose of terminating the agreement or portion thereof, by mutual
consent. If Owner and Consultant cannot reach mutual agreement on the termination
settlement, the Consultant may, without prejudice to any rights and remedies it may have,
proceed with terminating all or parts of this Agreement based upon the Owner's breach of
the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner
and to receive full payment for all services performed or furnished in accordance with this
Agreement and all justified reimbursable expenses incurred by the Consultant through the
effective date of termination action. Owner agrees to hold Consultant harmless for errors or
omissions in documents that are incomplete as a result of the termination action under this
clause.
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PROVISIONS APPICABLE TO CONTRACTS EXCEEDING $25,000
CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
Reference: 2 CFR part 180 (Subpart C)
2 CFR part 1200
DOT Order 4200.5
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it
nor its principals are presently debarred or suspended by any Federal department or agency
from participation in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
Reference: 2 CFR part 180 (Subpart C)
2 CFR part 1200
DOT Order 4200.5
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a
"covered transaction", must verify each lower tier participant of a "covered transaction' under
the project is not presently debarred or otherwise disqualified from participation in this federally
assisted project. The successful bidder will accomplish this by:
1. Checking the System for Award Management at website: hftp://www.sam.gov
Collecting a certification statement similar to the Certificate Regarding Debarment and
Suspension (Bidder or Offeror), above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to disclose to a higher tier
participant that it was excluded or disqualified at the time it entered the covered transaction, the
FAA may pursue any available remedies, including suspension and debarment of the non-
compliant participant.
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PROVISIONS APPICABLE TO CONTRACTS EXCEEDING $100.000
BREACH OF CONTRACT TERMS
Reference: 2 CFR § 200 Appendix II(A)
Any violation or breach of terms of this contract on the part of the contractor or its subcontractors
may result in the suspension or termination of this contract or such other action that may be
necessary to enforce the rights of the parties of this agreement.
Owner will provide CONSULTANT written notice that describes the nature of the breach and
corrective actions the CONSULTANT must undertake in order to avoid termination of the
contract. Owner reserves the right to withhold payments to Contractor until such time the
Contractor corrects the breach or the Owner elects to terminate the contract. The Owner's notice
will identify a specific date by which the CONSULTANT must correct the breach. Owner may
proceed with termination of the contract if the CONSULTANT fails to correct the breach by
deadline indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and
remedies otherwise imposed or available by law.
CLEAN AIR AND WATER POLLUTION CONTROL
Reference: 2 CFR § 200 Appendix II(G)
Contractor agrees to comply with all applicable standards, orders, and regulations issued
pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the
Owner immediately upon discovery. The Owner assumes responsibility for notifying the
Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
Reference: 2 CFR § 200 Appendix II(E)
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic, including watchmen and guards, in any workweek in which he or she is employed on
such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the clause set
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forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph (1) of this
clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this
clause.
4. Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses
in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4)
of this clause.
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