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HomeMy Public PortalAbout2023-02-20 packetNOTICE OF MEETING AND CITY COUNCIL AGENDAi MONDAY, FEBRUARY 20, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS — JOHN G. CHRISTY MUNICIPAL BUILDING — 320 E. MCCARTY STREET TO JOIN VIRTUALLY https://jeffersoncity.webex.com/jeffersoncity/j.php?MTID=mbba454c8c0d12e8aba866c6061 fca0fa CALL -IN PARTICIPATION AVAILABLE AT: 1-404-397-1516 MEETING NUMBER: 2483 415 3684 MEETING PASSWORD: 1234 TENTATIVE AGENDA PRAYER — Councilmember Schreiber PLEDGE OF ALLEGIANCE 1. CALL TO ORDER 2. ROLL CALL 3. ADOPTION OF AGENDA 4. MISCELLANEOUS AGENDA ITEMS 5. PUBLIC HEARINGS a. Rezoning 3 acres from M-1 Light Industrial to PUD Planned Unit Development and Approving a Preliminary PUD Plan for property located at 1110 Cedar City Drive (Lester) Staff: Sonny Sanders i. Associated Pending Bill 2022-103 (Lester) Staff: Eric Barron b. Rezoning 9.09 acres from C-2 General Commercial to RA -2 High Density Residential for property located in the 2200 Block of St. Mary's Boulevard i. Associated Pending Bill 2022-104 (Lester) Staff: Eric Barron c. Approving a PUD Plan Amendment for Property Located at 311 Bolivar Street i. Associated Pending Bill 2022-105 (Lester) Staff: Eric Barron 6. APPOINTMENTS BY THE MAYOR a. Recommended Appointments to the Following Boards and Commissions Recommended Appointment New Term Expires Term FulUPartial Board or Commission Cultural Arts Commission Mitchell Woodrum Mar 2024 Partial City Council Agenda — February 20, 2023 2 ✓ = Request to suspend rules Board or Commission (continued) Recommended Appointment New Term Expires Term Fu11/Partial Historic Preservation Commission Brian Warren Dec 2023 Partial Human Relations Commission Lorraine Schofield Dec 2025 Full Tax Increment Finance Commission Mike Downing Apr 2024 Partial 7. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS a. Evergreen Follow-up Informational Discussion 8. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF a. Council Committee Meetings (Check www.jeffersoncitymo.gov meeting calendar for dates, times locations, and agendas): i. Administration ii. Finance iii. Public Safety iv. Public Works & Planning 9. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE 10. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS (All individuals will be limited to 5 minutes without exception. All presentations shall be made from the podium unless other accommodation is requested and granted.) 11. CONSENT AGENDA a. Minutes of City Council Meetings: February 6, 2023 b. Declaring Certain City -Owned Personal Property Surplus and Authorizing the Disposition by Sale through Auction — JC Parks c. Authorizing a $36,184 Contract with Will West Music and Sound for Council Chambers Audio Video Upgrade 12. BILLS INTRODUCED a. 2022-107 Amending the 2022-2023 Budget by Appropriating $50,237.73 Additional Funds within the Police Department Fund, Utilizing Insurance Claims to Cover the Cost of Police Vehicles and Equipment (Schreiber) Staff: Eric Wilde 13. BILLS PENDING a. 2022-100 Authorizing a $1,244,046 Design/Build Contract with Burns and McDonnell Engineering Co., Inc. for Biosolids Improvements Project (Fitzwater) Staff: Matt Morasch i. Substitute 2022-100 (Fitzwater) Staff: Matt Morasch b. 2022-101 Authorizing a $213,147.32 Contract with InfiniTech for the SAN (Storage Area Network) Project, Utilizing a Cooperative Procurement Contract Bid by Midwestern Higher Education Compact (Hensley) Staff: Shiela Pearre c. 2022-102 Authorizing a $325,918 Construction Contract with Don Schnieders Excavating Company, Inc. for the Westview Forcemain Replacement Project 31188 (Fitzwater) Staff: Matt Morasch City Council Agenda — February 20, 2023 3 ✓ = Request to suspend rules d. 2022-103 Taken Up Under 5(a.) e. 2022-104 Taken Up Under 5(b.) f. 2022-105 Taken Up Under 5(c.) g. 2022-106 Approving a Final Subdivision Plat of TC3C Subdivision located in the 1000 Block of Marshall Street and 600 Block of Roland Street (Lester) Staff: Eric Barron 14. INFORMAL CALENDAR 15. RESOLUTIONS a. RS2022-43 Authorizing an Intergovernmental Agreement between the City and Cole County for Integrated Computer Aided Dispatch (Schreiber) Staff: Eric Wilde 16. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS — (All individuals will be limited to 3 minutes without exception. All presentations shall be made from the podium unless other accommodation is requested and granted.) 17. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS 18. NEW BUSINESS 19. APPROVAL OF FEBRUARY 6, 2023 CLOSED SESSION MINUTES 20. CLOSED SESSION a. Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair will entertain a motion to go into Closed Session to discuss the following: i. Real Estate [Sec. 610.021(2)] ii. Preparations, Including any Discussions or Work Product, on Behalf of a Public Governmental Body or its Representatives for Negotiations with Employee Groups [Sec. 610.021(9)] iii. Sealed Proposals and Negotiated Contracts [Sec. 610.021(12)] 21. UNFINISHED BUSINESS 22. ADJOURN ' Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. NOTICE OF MEETING AND CITY COUNCIL AGENDA' CITY COUNCIL WORK SESSION City of Jefferson, Missouri 320 E. McCarty St. City Council Chambers MONDAY, FEBRUARY 20, 2023 5:45 P.M. AGENDA 1. Discussion of February 20, 2023 City Council Meeting Agenda Items 2. Adjournment ' Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-103 SPONSOR: Councilmember Lester SUBJECT: Rezoning of Property Located at 1110 Cedar City Drive from M-1 Light Industrial to PUD Planned Unit Development and Approving a Preliminary PUD Plan (Planning and Zoning Commission Case No. P23001) DATE INTRODUCED: February 6, 2023 PUBLIC HEARING: February 20, 2023 DEPARTMENT DIRECTOR: CITY ADMINISTRATOR: 4 — Staff Recommendation: Approve. Summary: Standard ordinance amending the zoning map and approving a Preliminary PUD Plan. Origin of Request: Property owner, through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Eric Barron Background Information: This bill would rezone property located at the corner of Cedar City Drive and Oil Well Road from M-1 Light Industrial to PUD Planned Unit Development and approve a Preliminary PUD Development plan for a retail farm to market store. The area to be rezoned and developed is approximately 3 acres in size, and the remainder of the 25 acre property would remain in agricultural use. The Preliminary PUD Plan envisions a 2880 square foot building, designed to resemble a rustic barn, and a number of accessory buildings such as a greenhouse, storage building, and covered loading dock site. The parking area is proposed to be gravel (which would be a deviation from the parking lot paving standards of the zoning code) with paved driveway connections to both Oil Well Road and Cedar City Drive. An underlying zoning of C-1 Neighborhood Commercial is proposed for determining future uses in addition to the retail farm to market store. Please refer to case packet documents for further information. Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for the rezoning and Preliminary PUD Plan at their meeting of January 12, 2023. Both motions to recommend approval PASSED on votes of 7 in favor and 0 against. Public Comment Received: Comments were received by email from Mr. Joshua Korte, Korte Tree Service, 1129 Cedar City Drive, stating support for the retail farm to market store as the land use matches surrounding uses and that the business type as observed in other cities, are of good appearance and bring in desirable clientele. Fiscal Information: $650.00 rezoning and $300.00 Preliminary PUD Plan fee for $950.00 total filing fee received. Planning & Zoning Commission Recommendation: Approve. BILL NO. 2022-103 SPONSORED BY Councilmember Lester ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON BY REZONING 3 ACRES OF LAND ADDRESSED AS 1110 CEDAR CITY DRIVE FROM M-1 LIGHT INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT AND APPROVING A PRELIMINARY PUD PLAN. WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning and PUD Plans have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The following described real estate, being located in the City of Jefferson, Cole County, Missouri is rezoned from M-1 Light Industrial to PUD Planned Unit Development: Part of a tract of land described in Book M449, page 961 Callaway County Recorder's Office, being part of the Southwest Quarter of the Southeast Quarter of Section 9, Township 44 North, Range 11 West, in the City of Jefferson, Callaway County, Missouri, more particularly described as follows: BEGINNING at a point on the northeasterly right-of-way line of Cedar City Drive (known formerly as Route 63, or Route 7), said point being located 50.00 feet left of said Cedar City Drive at Sta. 266+70.00, as per the Missouri Highway and Transportation Commission Plans of Job No. 5-P-63-208; thence along said Highway plan right-of-way line, and along the boundary of said property described in Book M449, page 961 the following courses; S78°54'25"E, 134.58 feet, to a point 40.00 feet right of Oilwell Road (Service Road Connector per Highway Plans), Sta. 21+50; thence N56°04'11"E, along the northwesterly right-of-way of said Oilwell Road, 255.04 feet; thence leaving said Oilwell Road right-of-way line and the boundary of said property described in Book M449, page 961, N33°57'08"W, 350.00 feet; thence S56°06'23"W, 350.00 feet to a point on the northeasterly right-of-way line of said Cedar City Drive and the boundary of said property described in Book M449, page 961; thence along the northeasterly right-of-way line of said Cedar City Drive, and the boundary of said property described in Book M449, page 961, the following courses: on a curve to the right, having a radius of 1196.30 feet, an arc distance of 17.83 feet (the chord of said curve S34°19'14"E, 17.83 feet) to a point 50.00 feet left of PT Sta. 264+42.40 as per Missouri Highway and Transportation Commission Plans of Job No. MO -269A; thence S33°53'37"E, 237.20 feet to the POINT OF BEGINNING. Containing in all, 3 acres, more or less. Section 2. The Preliminary PUD Plan, on file as Case No. P23001 in the Jefferson City Planning Division, is hereby approved for the above described real estate. Section 3. Permitted Land Uses. Future land uses of the property shall be limited to the uses permitted by the C-1 Neighborhood Commercial zoning district with retail farm to market store included as a permitted use. Section 4. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Approved: Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City Ppirney Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12, 2023 5:15 p.m. COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Gregory Butler Emily Fretwell Hank Vogt Treaka Young Jacob Robinett Sara Michael, Alternate COMMISSION MEMBERS ABSENT Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner Sonny Sanders, Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Jason Turner, Division Chief JCFD ATTENDANCE RECORD 7 of 7 7 of 7 4 of 7 6 of 7 7 of 7 6 of 7 5 of 7 1 of 1 6 of 7 6 of 7 0 of 2 1 of 2 Guests: Paul Samson with Central Missouri Professional Services, Council Members Laura Ward and Scott Spencer, Timothy A Joseph, Jeff and Jane Schaeperkoetter, Jacob Brooke, Lois Hogan, Teresa Tolksdorf, Joe Scheppers, Jay and Kim Fischer, and Carolyn McDowell. Case No. P23001 — 1110 Cedar City Drive, Rezoning from M-1 to PUD and Preliminary Planned Unit Development (PUD) Site Plan. Request filed by Jay and Kimberly Fischer, property owners, for rezoning of approximately 3 acres from M-1 Light Industrial to PUD Planned Unit Development and a Preliminary PUD Development Plan for a farm to market retail store. The property is located at the northwest corner of the intersection of Cedar City Drive and Oil Well Road and is described as Part of the Southwest Quarter of the Southeast Quarter of Section 9, Township 44 North, Range 11 West, in the City of Jefferson, Callaway County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss stated the applicants are requesting to rezone a section of property from M-1 Light Industrial to PUD Planned Unit Development and are requesting a Preliminary PUD Plan for a 2880 square foot retail farm to market store. Paul Samson with Central Missouri Professional Services (CMPS), representing property owners Jay and Kim Fischer, presented the case. The request is to rezone a portion of their property located at the corner of Oilwell Road/Cedar City Drive from M-1 to PUD. The owners are requesting the PUD zoning to accommodate a seasonal farmers market type facility. The PUD zoning has been requested to allow more flexibility in the design elements due to it being more of a seasonal building. The site plan consists of a 2,900 square foot building. Inside, there will be freezer space, retail floor and restrooms. The lot will have approximately 18 parking spaces with a concrete driveway off Oilwell Road and Cedar City Drive. Fruit trees will be planted around the perimeter of the property. Because of the seasonal nature of the facility, the owner is asking for a variance to allow for a gravel parking lot. Water, electric, and utilities are existing and available. Sanitary sewer will have to be extended from the south side of Cedar City Road. The footprint of the building will be a minimum of one foot above the 100 -year floodplain elevation, which meets all of the floodplain development and FEMA regulations. Ms. Bliss stated that staff recommends approval of the proposed rezoning and Preliminary PUD Plan. Ms. Fretwell moved and Ms. Quigg seconded a motion to recommend approval to the City Council the request to rezone the property from M-1 to PUD. The motion passed 7-0 with the following votes: Aye: Butler, Fretwell, Michael, Quigg, Robinett, and Vogt, and Young. Nay: None. Ms. Fretwell moved and Ms. Quigg seconded a motion to recommend approval to the City Council of the requested Preliminary PUD Plan for a retail farm to market store with the following condition: a. The establishment of the C-1 Neighborhood Commercial underlying zoning designation for purposes of determining future permitted uses and requirements for signage, lighting, and other applicable site features. The motion passed 7-0 with the following votes: Aye: Butler, Fretwell, Michael, Quigg, Robinett, and Vogt, and Young. Nay: None. Jefferson City Planning & Zoning Commission January 12, 2023 Case No. P23001 1010 Cedar City Drive Jay and Kimberly Fischer 1. Rezoning from M-1 Light industrial to PUD Planned Unit Development 2. Preliminary PUD Plan City of Jefferson Planning & Zoning Comm ss o LOCATION MAP Case No. P23001 1110 Cedar City Drive Rezoning from M-1 to PUD and Preliminary PUD Plan 0 137.5 275 550,Feei City ofJe r ., 1E mon Planning and Zoning Commission VICINITY Case No. P23001 1010 Cedar City D ive Rezoning kora M-4 from. MD and Pre ry PUD Plan a 235 470: Site rea PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12, 2023 Case No. P23001 — 1110 Cedar City Drive, Rezoning from M-1 to PUD and Preliminary Planned Unit Development (PUD) Site Plan. Request filed by Jay and Kimberly Fischer, property owners, for rezoning of approximately 3 acres from M-1 Light Industrial to PUD Planned Unit Development and a Preliminary PUD Development Plan for a farm to market retail store. The property is located at the northwest corner of the intersection of Cedar City Drive and Oil Well Road and is described as Part of the Southwest Quarter of the Southeast Quarter of Section 9, Township 44 North, Range 11 West, in the City of Jefferson, Callaway County, Missouri. (Central Missouri Professional Services, Consultant). Nature of Request A request was filed by the property owners to rezone a section of property from M-1 Light Industrial to PUD Planned Unit Development. The applicants also request a Preliminary PUD Plan for a 2880 square foot retail farm to market store. Both portions of the request would occur on a portion of the property approximately 3 acres. This proposal does occur on two separate parcels owned by the applicants. The applicants have expressed within their PUD Plan narrative a proposed intent to divide this 3 acre piece off from the two parcels at a later date. Review and Approval Process Processing of Preliminary PUD Plans occur with respect to the City Code.. The role of the Planning and Zoning Commission is to review applications for Preliminary PUD Plans and make a recommendation to the City Council. The City Council is then to make a determination concerning the approval of such request. Zoning History The subject location has been involved in a few Planning and Zoning Commission cases. In 1988, the northern parcel was rezoned from RU to M-1. The southern parcel was rezoned to M-1 Light Industrial in I 989. Zoning and Surrounding Land Use: Current Zoning: M- I Requested Zoning: PUD Current Use: Open Land, Agricultural Intended Use: Retail Farm to Market Store Surrounding Zoning Surrounding Uses North M-1 Open Land South M-1, RS -4, and C-2 Agricultural and Recreational East M-1 Open Land, Industrial West M-1 Agricultural, Open Land, Unincorporated Review Criteria for Rezoning: Section 35-74 B.4, lists review criteria for consideration of an amendment to the zoning ordinance text and zoning map. This case involves an amendment to the zoning map. The applicant has provided written responses to the review criteria for a rezoning. See attached application materials. City staff have also provided responses to the review criteria in the next section. Planning and Zoning Commission Case No. P23001 January, 12 2023 Page 2 Staff Analysis of Rezoning Proposal: Standard checklist for rezoning: Yes No Notes: The existing zoning was in error at the time of adoption. X The M-1 Light Industrial zoning designation was established nearly 30 years and development has not occurred. There has been a change in character in the area due to installation of public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions. X Flooding of the Missouri River at different times in the 1900s, including in 1993resulted in dynamic changes in the development in the area was known as Cedar City. The proposed use would be similar to uses in the area. There is a community need for the proposed rezoning. X The proposed rezoning to PUD and related PUD Plan involves a retail farm to market store. This would add potential economic and tourist value to the community. The proposed change is consistent with, and in furtherance of, the implementation of the goals and policies of the comprehensive plan, other adopted plans, and the policies, intents and requirements of this ordinance and other City regulations and guidelines X The rezoning and related PUD Plan appear to meet the requirements put forth by the Zoning Ordinance and, further the proposal is subject to all applicable requirements and regulations. The proposed rezoning and use would be compatible with the area. The proposed zoning is compatible with the zoning and uses of property nearby. X There are surrounding agricultural land uses. PUD zoning has potential to be flexible in permitted uses on the site. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. X Existing roadways do exist in the area that can provide access to several community facilities. Specifications of the site with respect to connection to all required utilities and compliance with all City Code requirements will be reviewed by each respective Departmental staff. Planning and Zoning Commission Case No. P23001 January, 12 2023 Page 3 Standard checklist for rezoning: Yes No Notes: Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. X The use is anticipated to produce low traffic flow. Thus, the nearby road network should have the capacity in order to facilitate the uses traffic volume. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses shall be mitigated. X Potential environmental impacts of the site have and will further be reviewed by city staff with respect to the City Code. The site would need to be elevated out of the floodplain and obtain a floodplain permit from the City of Jefferson. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. X The portion of the property proposed to contain both the rezoning and PUD Plan should be adequate and able to accommodate zoning and communes needs. Benefits shall be derived by the community or area proposed to be rezoned X Rezoning of the subject site would provide a proposed use which has the potential to benefit the community with its specialized business model and capacity to serve both community members and tourists alike. Staff Analysis of Preliminary PUD Plan Building design: In accordance with information provided by the applicants, the main 2880 square foot structure would face the intersection and would contain timber and metal detailing to resemble a rustic barn. The building would contain retail floor area, freezer space, and restrooms. Other accessory structures such as a greenhouse are proposed to be constructed at a later date. Permitted Uses: The Preliminary PUD Plan outlines use of the property as retail farm to market store. The narrative specifies a request for and Planning and Zoning Division staff recommend establishment of an underlying zoning of C-1 Neighborhood Commercial for the purpose of determining future regulatory details regarding items such as permitted uses, signage, and lighting. Signs: Applicants have stated that signage would be building mounted signs in the front as well as back of building. Any future signage would need to conform to the requirements outlined for the C-1 zoning district. Lighting: Proposed lighting would be building mounted lighting. Landscaping: Instead of parking lot landscaping, various vegetation types such as produce trees located adjacent to the parking lot and along the adjacent streets are proposed on the site plan. Parking: A gravel lot is proposed. This would be a deviation from Section 35-58. B.6 regarding parking lot paving. Driveways: Two paved driveways conforming to City requirements are proposed with one driveway connecting to Cedar City Drive and the other to Oil Well Road. Traffic: The proposal does not exceed 100 peak hour vehicle trips and therefore does not trigger the requirement for a site specific traffic study. Planning and Zoning Commission Case No. P23001 January, 12 2023 Page 4 Staff Recommendation Staff recommend approval of the proposed rezoning and Preliminary PUD Plan. The rezoning from M- I Light Industrial to PUD Planned Unit Development allows for the requested land use of retail farm to market store. Such use is compatible with surrounding land uses. The PUD Plan must comply with all applicable City Code requirements. Form of Motion 1. Motion to recommend approval to the City Council the request to rezone the property from M-1 to PUD. 2. Motion to recommend approval to the City Council of the requested Preliminary PUD Plan for a retail farm to market store with the following condition: a. The establishment of the C-1 Neighborhood Commercial underlying zoning designation for purposes of determining future permitted uses and requirements for signage, lighting, and other applicable site features. 1 tG 1Y` City ofJefferson Department of Planning wr Protective Services 320 E. McCarty Street Jefferson criy, MO 65703 P7wne 573-634-5410 .1C''r fonrrinora e6fersoncitymo.ogi www.laffersoncitimao.gov APPt'1_UCAflON FOR ZONING AMENDMENTS The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code: EIV/ap, Amendment ;Text Amendment (Include description of proposed text amendment) Property Address: 1110 Cedar City Drive 2_ Applications for Map amendments shall include a Ioc tiarr map and lejai description. 3. This petition requests to rezone the above described real' estate from its pTPcx.nt. classification al district: to P U D district. The purpose of this rezoning request is to Accommodate Farm to Market retail store. 4. Fining tee: Map Amendment = $660. Text Amendment = $4S& i Required d Findings: Applicant responses to the required' tindings sialN be noted in Addendum A and vary based on type of request. E. The undersigned certify to be all c f the owner(s) of the above: described properly and that the submitted information (including, ail attachments to this appi) is tare and correct. ('All owners a this prop must s;gm and the: signatures rnasc2 be notarized). Jay Fischer Printed NamelTife (type or print) P irty Owner Signature perty Own Signature Kimberly Fischer Printed aarnef'i tt e e or print) --."-� i�r pc —Aar „�e#cfir , this l day of ~� c�6ll J' f [�tftffs4. L BLAND afacery.7 uclticw Platery Seat State of Missouri Cale County Cornadssio n 0 217651118 rvty Commission apices Oa -08-2025 (Revised July t, 2018) Fore* Use Only: • 4RA- atien Filing Fee: Map Amendment = $'65D WWI + rAAdvedrr&n69 Fe ) Text Amendment = $450 '25d f $240 Advertising Fee) A splf atlan. Rim Fee Received: Cash, (receipt # r, Check. (cow check # Atfacihrmemcs- Addendum A LMiEtp Apcticant/Profect Inkirmaffism Sheet ) lhdfurifh�gls.StrOtiedcontacttheADACoordinatera1157;1'634'.8570forrecycleaccorarri ns:ora7'errrafirie'lbrrnats asrequired Order tire - Americans with bisat rte" s Act. Please aflovo three basffoassdays' toprorAss:li4a raptiest. Page 4 of 6 Jefferson City Zoning Amendment Application Addendum A — Review Criteria To be used to support zoning amendment requests. (Section 35-74.8.4) Property Address 1110 Cedar City Drive Applicant Name Jay and Kimberly Fischer Provide responses to the following required findings by selecting all criteria that apply to your request. State all reasons for your answer and use additional pages to complete your answer if necessary. A. The existing zoning was in error at the time of adoption. Explain. The purpose of the rezoning request is to allow for a retail farm to market store within a PUD plan framework. B. There has been a change in character in the area due to installation of public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions. Explain the change and be specific on which public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions that effected the change. No, the area is somewhat rural in nature. C. There is a community need for the proposed rezoning. (i.) What will the proposed zoning be? PUD (Ii.) Why does the community need this zoning? A small retail farm to market store would be a unique addition for the city. D. The proposed change is consistent with, and In furtherance of, the implementation of the goals and policies of the Comprehensive Plan, other adopted plans, and the policies, intents and requirements of this Ordinance and other City regulations and guidelines. Old Cedar City is a mix of industrial and recreational uses. A small retail farm to market store would be a unique destination for the area. Page 2 of 6 E. The proposed zoning is compatible with the zoning and uses of property nearby. Property North — Agricultural Property South — Recreational Property East — Industrial Property West — Agricultural F. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. List public and community facilities available on the site. All necessary utilities and services are suitable for the proposed building. G. A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate impacts of high traffic -generating projects. (See Section 35-60.Traffic Impact Analysis regarding vehicle trip thresholds and traffic impact analysis requirements) A traffic impact analysis is not required. The use would be low traffic. H. Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. (1.) Describe the proposed use. Retail (11.) tM/l the proposed use adversely affect the capacity or safety of the street network in the vicinity of the property? Whyfwhy not? No, suitable driveways and traffic circulation would be installed. 1. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses shall be mitigated. List any potential environmental impacts and how they will be mitigated. The site development would comply with all necessary requirements. J. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. This would be a unique retail outlet in an agricultural setting. K. Benefits shall be derived by the community or area proposed to be rezoned. List the benefits of the proposed rezoning. The community would benefit from the unique retail destination. Page 3 of 6 Cons iffmt Sir3rnateire cay of Aid- rsem tent DI Planning $. Protective: Sairvicet 320 E BfcCartyStreet Jefferson City, itze 65101 Pltone<3T3k-S34-WO. JCPianxvuslasireisonrit ii fo s watuaietiefsencitymagotr APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) DCance PUD Plan EDPreliminary PQJD Plan D Final PUD Plan PUI3 Project Name: Street Address: 4 -AO, ` ark4e. 4-. C'dcec c R;t.ye, °''Amendilment to. Final PU.f1 Plan: DAmendinentto Final PUD. Plan fbrSignage Legal Des.criplion: Cas foltous or is: attached); ,See Q -e .cilgC'i Please attach or include the following: a) Typed project narrative describing: the type: and: character of the clevelizipment including land uses;, acreage, proposed resfdenlral1 diesisities or commercial floor area (FAR);, publEc or private open space„ amenities or - recreation areas to be provided, sidewalks- and pedestrian wa , parking ass; deviations €Sorai minis morn design surds of Section 35-51; and other information requited by Sin 35-74 at ap lira fe: sectiOns of the Zoning Cede_ Tine project title and location must be included worm every page, NSnfitew ad pages; and attachments_ €» Site Plan anchor Developmen€. Plans as applicable_ c, Prelimiitary or Final Sobdkision Plat or Declaration of Cond i►: sodaation, as applicable; c) Draft n€ ComaantsA Concrons and Restrictions, as applicabfet, e:? Traffic impact analysis... if required by Section 35-60; Signagp Plan, ink type,, locations and dimensions of alli proposed sus; g} Landscaping and Screening Rat ft i.ngptimg Plan, iricludrig pole Freights. type of fixtures or luminaries:,, and foot candles; Profect Phasing Plan appiicfbleil a Application Fding Fee = $SQ0 € $200: advertising fee + $2 per a + 3,15a ramming fee (ii a{p{pli'trakfe4 QRe sed July t ornal Application information: Prapady Ounet, _ i rfaker Address i'ks � Phone Nutmbefr(sy: 7,'& Agpincan.t. Name (f different tun owner),. Address Phone Num (s)_ Consultant Name: PCf &a -l] a uoflrlIPS.01 Address: gem phone Nurrtber(s): 603?557 The Ma h ie n accurately trepxesents this proposed P. ee. tel Printed Narmetli Date: Printed Narnefilit1 Cade: For S t Use °miry; Appficalon Fria g Fee Re5e,iuod_ Amotm e Epode It Adfedrme tsc Afarraekep &ate Alkemp AppircartiProjeci Information s e . '1 '' oder fir& 7ansufv it/0d liggiicoga frcraiideiets should contact ttie Coontrimator at. pal 634-6571} to ragged =commod sans or a ter at5ve Monett ax cegptseel e a tbrriRai Arneritan: with i:li at ies . Pfeacc attovr Itatee bush -tan days to prams; tine requast.. gage 1 cnfr 7 PUD Narrative Fischer Farm Market Preliminary PUD Plan 1120 Cedar City Drive 12-19-22 Fischer Farms is planning to place a retail farm to market store on the corner of Oil Well Road and Cedar City Drive. The store would consist of a 2880 square foot building and is planned to focus on sale of agricultural produce and made in Missouri products. The exterior of the building would be a mixture of metal and timber resembling a rustic barn. The building would face the intersection, and would include retail floor area, freezer space, and restroom. A gravel parking lot is planned with driveway entrances off of both streets. Seasonal display of items outdoors is planned. A future greenhouse and other accessory structures are planned to be constructed on site. In lieu of standard parking lot landscaping trees, produce trees (such as apple trees) or other agricultural plantings are planned. The parking area is planned to be gravel, with driveway connections to both roads paved per city driveway standards. Although the purpose of this application and building is for a farm to market style retail store. We would request an underlying zoning of C-1 Commercial for the purpose of determining future permitted land uses. Signage for the operation will consist of building mounted signs on the front and back. Any future signage would adhere to the allowances of the C-1 zoning district. Exterior lighting would consist of building mounted lights. The property is planned to be divided off from the remainder of the 25 acre farm at a future date. Area proposed for PUD rezoning is 350' square located at the corner of Cedar City Drive and Oil Well Road. Filing Fee: Rezoning Fee 250 PUD Plan 500 Advertising Fee 200 TOTAL $950 • i 1 „,, 'r U• PfkoPQggo r� zo iNe 1r� : H'I TB PUP AY$liftsReFl. 11 PgEDAR6 B GRAVEL PARKING LOT 24' ENTRY _APPLE 3 00' FUTURE GREEN N OUSE FUTURE STORA GE 13111 -DIN G - I RRIGATION EQUIP B GRASS 0 ,d o a •a a SIT, STR AW FUTURE COVERED LOADING DOC K SITE - APPLS_2REE._ _A P.PLE_TRE£ OLL WELL RD CiN of Jefferson Department of Planning & Protective Services 370 E McCarty St. Jefferson City, POO 65101 Deroeiuuber 27, 2022 Dear Property Owner: Carne Tercjfi , ayor Sonny Sanders, AICP, Dfrecior Phone: 573-634-6416 Fax: 573-834-6457 This letter is to notify you that the Jefferson. CIt' Parry and Zoning Commission will meet at 5:15 p.m. on Thursday, January 12, 2023 in the Council Chambers ate John G. Christy Municipal Building., 320 East McCarty Street to consider the following matters (see map on back): Case No. P23001 —1110 Cedar City Drive;. Rezapilieg. from RI1-3. t PUD and Preliminary Planned Unit Development (PM Site Plan. Request: filed by jay and Kimberly Fischer, property owners, for rezoning of approximately 3 acres from M-1 Light Inddustrief to- PUI:I. Planned Unit Development and a Preliminary PUD Development Plan for a farm to market retail: store. The property is located at the northwest corner at the intersection of Cedar City Drive and: Oil Well Road and is described as Past of the. Southwest Quarter ofthe Southeast Quarter of Section 9, Township 441 North, Range n1 West, in the City of Jefferson, Callaway County, Missouri. (Central Missouri Professional; Services, Consultant). As a nearby landowner and'/,err neigh or,, you are being provided notice of this hearing Unfortunately, we are unable to record comments received by telephone, however, written comments. may be directed to the Planning and Zoning Corn mission: in one off the lbiE its ways-: e-mail: JCPia nning@ieffersoncit oigov fax: Dept. of Planning and Protect:v,e. Services f Planning Division 573-63:4-6457 marl: Dept. of Planning and Protective. Services i Planning Division John G. Christy. Municipal Building,. 320 E McCarty Street Jefferson City, MO 65101 Written comments received on air befiere 11:00, p.rrr_ en the. day of the meeting will' be made a part of the official record and copied: and disirthufedi to Commission members at the meeting. Those unable to provide written comments in advance: are ta,debar their comment. to the Commission Chairman eerily atthe meeting. Correspondence received aim 111,0. per_ can. the. day of the meeting will be included.' in: the official record, but there is: no guarantee that ozpies will be made for distribution to. all Commission nrierniters For your information, this, case is tentatively scheduled for a. public hearing in front of' the City- Council to February 20, 2023. Th.e City CO,uncal, meets. at 6:00. p.m. in the Council Chambers of the J;`lba G. Christy Municipal Building, 320 East Ilif Dart Street Information regarding this case. may be viewed an: the Planning and Zoning: Commission. webpags at https://www.ieffersoncitymo.00v/uovemmeni/planninglplannina and zoning commission.php Please contact the Planning and Zoning Division via phone at 573.634.6573 with pertinent questions. Best Regards, i//es5g44.2.., Kortney Bliss Planner 1 Individuals should contact fhe ADA rdilite o rad ) 634.6570 to request accommodations or alternative formats as required under the Americans, with Disabilities Act. Please allow three business days to process the req rest. Please (PM 63'4-64!0 caul,.questions regarding agenda items. Caste P230.09 MO Cedar City,. Drive Rezoning. from M-1 to PUD and Preliminary PUD Plan 185 ft, Notification Bar s 0, 7fi' T4 :' 42D 560 yet Jefferson City Planning and Zoning Commission Property Owner list Case No. P23001 1110 Cedar City Drive 12/28/22 KORTE SALES LLC ' 1129 Cedar City Dr. JEFFERSON CITY, MO 65101 CARTER, GEORGE D. & BARBARA J 1010 SANDSTONE ST. ST. JEFFERSON CITY, MO 65101 JEFFERSON HAULING & DISTRIBUTING CO 1020 CEDAR CITY DR. JEFFERSON CITY, MO 65101 PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-104 SPONSOR: Councilmember Lester SUBJECT: Rezoning 9.09 Acres Located in the 2200 Block of St. Mary's Boulevard from C-2 General Commercial to RA -2 High Density (Multi -Family) Residential (Planning and Zoning Commission Case No. P23002) DATE INTRODUCED: February 6, 2023 PUBLIC HEARING: February 20, 2023 DEPARTMENT DIRECTOR: CITY ADMINISTRATOR: Staff Recommendation: Approve. Summary: Standard ordinance amending the Zoning Atlas. Origin of Request: Property owner, through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Eric Barron Background Information: This bill would rezone 9.09 acres from C-2 General Commercial to RA -2 High Density (Multi -family) Residential. The purpose of the request is to pursue a residential subdivision of the property consisting of 25 duplex lots. The Planning and Zoning Commission approved a Preliminary Subdivision Plat for the property consisting of one new street and 25 lots. A Final Subdivision Plat is anticipated to be submitted at a future date, and would involve review and recommendation by the Planning and Zoning Commission and approval decision by the City Council. See attached staff reports for more information. Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for rezoning at their meeting of January 12, 2023. The motion to recommend approval of the rezoning to the City Council PASSED on a vote of 7 in favor and 0 against. Public Notice: Standard public notice procedures were followed in advance of the Planning and Zoning Commission meeting and the City Council meetings. This includes (1) publication of the public notice agenda in the Jefferson City News Tribune 15 days in advance of the hearing on the case; (2) notification by letter to adjoining and affected property owners within 185 feet, and (3) posting of a sign at the property announcing the date and time of the hearing 10 to 15 days in advance of the hearing. Public Comment Received: No public comment has been received to date. Fiscal Information: $650.00 filing fee for the rezoning and $625.00 filing fee for the Preliminary Subdivision Plat for a total of $1,275.00 in application fees received. Planning & Zoning Commission Recommendation: Approve. BILL NO. 2022-104 SPONSORED BY Councilmember Lester ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 9.09 ACRES OF LAND LOCATED IN THE 2200 BLOCK OF ST. MARY'S BOULEVARD FROM C-2 GENERAL COMMERCIAL TO RA -2 HIGH DENSITY RESIDENTIAL. WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The following described real estate is rezoned from C-2 General Commercial to RA -2 High Density Residential: Part of the Northwest Quarter of the Northeast Quarter of Section 11, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the northwest corner of the Northwest Quarter of the Northeast Quarter of said Section 11; thence S03°20'03"E, along the Quarter Section Line, 586.54 feet to a point on the southerly right-of-way line of U.S. Highway 50; thence easterly, along said southerly right-of-way line, on a curve to the right, having a radius of 2699.95 feet, an arc distance of 865.57 feet (Ch=N71°15'19"E, 861.87 feet) to the POINT OF BEGINNING for this description; thence easterly, continuing along said southerly right-of-way line of U.S. Highway 50, on a curve to the right, having a radius of 2699.95 feet, an arc distance of 622 .93 feet (Ch=N87°02'56"E, 621.55 feet) to the Quarter Quarter Section Line; thence S3°02'00"E, along the Quarter Quarter Section Line, 545.88 feet to the northerly right-of-way line St. Mary's Boulevard; thence along said northerly right-of-way line the following courses: westerly, on a curve to the right, having a radius of 292.03 feet, an arc distance of 174.42 feet (Ch=S66°57'07"W, 171.84 feet); thence S84°03'46"W, 193.72 feet; thence westerly, on a curve to the right having a radius of 708.86 feet, an arc distance of 304.51 feet (Ch=N83°37'50"W, 302.18 feet); thence N71°19'27"W, 48.25 feet; thence leaving said northerly right-of-way line, N16°30'23"E, 130.12 feet; thence NI°22'35" E, 426.82 feet to the point of beginning. Containing 9.09 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Approved: Presiding Officer ATTEST: Mayor Carrie Tergin APPROVED AS TO FORM: City Clerk City Attorney Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12, 2023 5:15 p.m. COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Gregory Butler Emily Fretwell Hank Vogt Treaka Young Jacob Robinett Sara Michael, Alternate COMMISSION MEMBERS ABSENT Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner Sonny Sanders, Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Jason Turner, Division Chief JCFD ATTENDANCE RECORD 7 of 7 7 of 7 4 of 7 6 of 7 7 of 7 6 of 7 5 of 7 1 of 1 6 of 7 6 of 7 0 of 2 1 of 2 Guests: Paul Samson with Central Missouri Professional Services, Council Members Laura Ward and Scott Spencer, Timothy A Joseph, Jeff and Jane Schaeperkoetter, Jacob Brooke, Lois Hogan, Teresa Tolksdorf, Joe Scheppers, Jay and Kim Fischer, and Carolyn McDowell. Case No. P23002 — 2200 Block of St. Mary's Boulevard, Rezoning from C-2 to RA -2 and Preliminary Subdivision Plat. Request filed by MATEJO, LLC, property owner, for a rezoning of 9.09 acres from C-2 General Commercial to RA -2 High Density (Multi - Family) Residential and a preliminary subdivision plat consisting of 25 lots. The property is located northwest of the intersection of St. Mary's Boulevard and Heisinger Road and is described as Part of the Northwest Quarter of the Northeast Quarter of Section 11, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss stated the applicants are requesting a rezoning and a preliminary subdivision plat. The owner is requesting to rezone this property from C-2 General Commercial to RA- 2 High Density (Multi -Family) Residential. A preliminary plat consisting of 25 Tots was submitted that would contain duplexes with a proposal of a new street. Paul Samson with Central Missouri Professional Services (CMPS), representing property owner, MATEJO, LLC, presented the case. The first proposal is rezoning from C-2 to RA - 2. The property currently has a parking lot on it that was used for parking for office buildings that were on the south side of St. Mary's Blvd. Those office buildings have been vacant and the parking lots have not been used recently. The proposal is to rezone to RA - 2 to accommodate a duplex subdivision. The proposed street would be called St. Mary's Circle and the subdivision would be called St. Mary's Circle Subdivision. There will be 25 Tots within the subdivision, each lot would contain a duplex. St. Marys Circle would be 28 feet wide, with parking and sidewalk on one side. Sanitary sewer and a stormwater detention basin will be located in the northeast corner of the property. Water, telephone, and electric will be extended throughout the subdivision. Sidewalks will also be built along St. Mary's Blvd. to the current code. Lois Hogan, resident at 2120 St. Mary's Blvd, lives nearby and is concerned about increased traffic in the area and inquired if there have been any traffic studies in the area. Ms. Logan advised vehicles are already parked on both sides of the street on St. Mary's Blvd. and it is congested in the area and worries about the increase with 50 additional households. Mr. Barron advised the trigger within the zoning code for a traffic impact analysis is 75 single family units or 50 duplexes being constructed. The current proposal is 25 duplexes, so it does not trigger the requirement for a traffic impact analysis. Ms. Bliss advised staff recommends approval of the rezoning from C-2 to RA -2, the proposed multifamily use is compatible with uses in the area to the east and is in alignment with the future land use in the Comprehensive Plan. The subdivision plat would need to address technical comments from staff. Mr. Wade advised public infrastructure is existing in the vicinity. The proposed street will serve the 25 proposed two -unit lots. Sidewalk is proposed along one side of the new road, St. Mary's Circle, and along St. Mary's Blvd. Utilities have been proposed in accordance with subdivision standards, including street lights and fire hydrants. Traffic impact is not a requirement due to the zoning code, but the consultant has identified the site distance from both intersections of the new roadway onto St. Mary's Blvd. and those distances seem to be adequate for standard design criteria. The four specific lots that are on the frontage of St. Mary's Blvd. are to be restricted in regard to driveway access to the new proposed road and not to St. Mary's Blvd. (lots 1, 15, 16, and 25). St. Mary's Blvd. is a connecting road form Missouri Blvd. to Dix Road, serving primarily residential development to the east. There are some commercial properties to the west of this, but the engineering division feels like the street should be designed to handle this additional amount of traffic from the character of the roadway as it is today. The engineering division would recommend approval of the proposal, subject to technical corrections being addressed on documents prior to the final plat being submitted for consideration. Mr. Wade advised one of their technical comments is to correct the ordering of the lot numbers. Ms. Fretwell moved and Mr. Robinett seconded a motion to recommend approval to City Council of the proposed rezoning from C-2 General Commercial to RA -2 High Density Residential. The motion passed 7-0 with the following votes: Aye: Butler, Fretwell, Michael, Quigg, Robinett, and Vogt, and Young. Nay: None Ms. Fretwell moved and Ms. Quigg seconded a motion to approve the Preliminary Subdivision Plat of St. Mary's Circle Subdivision with the following conditions: a. Address technical comments by city staff. The motion passed 7-0 with the following votes: Aye: Butler, Fretwell, Michael, Quigg, Robinett, and Vogt, and Young. Nay: None Jefferson City Planning & Zoning Commission January 12, 2023 Case No. P23002 2200 Block of St. Mary's, B a Meyers i.ATEJG, LLC 1. Rezoning from G-2 General Commercial to -2 High Density Residential 2. Preliminary Subdivision Plat N (1 N Q SD 7 al z -6- en n - ry A- b d d W Q P b T U - d 0p 6d 0 uotjsspvw to Buwoz Bulamew uosiallar Am3 City of Jefferson Planning and Zoning Commission VICINITY Case No. P23002 2200 Block of St. Mary's Boulevard O. 230. 46o. , t. Rezoning from C-2 to RA -2 and Preliminary Subdivision Plat: PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12, 2023 Case No. P23002 — 2200 Block of St. Mary's Boulevard, Rezoning from C-2 to RA -2 and Preliminary Subdivision Plat. Request filed by MATEJO, LLC, property owner, for a rezoning of 9.09 acres from C-2 General Commercial to RA -2 High Density (Multi -Family) Residential and a preliminary subdivision plat consisting of 25 lots. The property is located northwest of the intersection of St. Mary's Boulevard and Reisinger Road and is described as Part of the Northwest Quarter of the Northeast Quarter of Section 11, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Nature of Request A request was filed for both a zoning map amendment and preliminary plat for a parcel having 9.09 acres. The parcel is located along the 2200 Block of St. Mary's Boulevard and is currently zoned C-2 General Commercial. The owner desires to rezone this property from C-2 General Commercial to RA -2 High Density (Multi -Family) Residential; matching the zoning designation of the property to the east. A preliminary plat consisting of 25 lots was submitted by the applicant. The plat and other application materials suggest the proposed land use to be duplexes. Review and Approval Process: In accordance with the City Code, rezoning requests are reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission makes a recommendation to the City Council and City Council comes to a final decision. The Planning and Zoning Commission are the entity responsible for reviewing and coming to a final decision concerning preliminary plat proposals. Zoning History: The Planning and Zoning Commission did have one prior case involving the property as part of the current request in addition to some property adjacent west. The case occurred in 1984 and was an application for a rezoning from RA -2 to C-2. Documentation from the case file suggests that the applicant of the case desired to rezone the property for the ability to make the property more suitable for development with respect to factors such as character of the area and terrain of the property. Zoning And Surrounding Land Use Current Zoning: C-2 Current Use: Undeveloped Requested Zoni g: RA -2 Intended Use: Duplex/Multi Family Development Surrounding Zoning Surrounding Uses North M-2 Highway 50 South C-2 Office, Parking East RA -2 Multi Family Residential West C-2 Distribution Business Allowed Uses: Permitted uses within the RA -2 zoning district include single family, duplexes, multi -family buildings including large apartments, and assisted living facilities. Review Criteria for Rezoning: Section 55-74 B.4, lists review criteria for consideration of an amendment to the zoning ordinance text and zoning map. This case involves an amendment to the zoning map. The applicant has provided written responses to the review criteria for a rezoning. See attached application materials. City staff have also provided responses to the review criteria in the next section. Staff Analysis of Rezoning Proposal: Standard checklist for rezoning: Yes No Notes: The existing zoning was in error at the time of adoption. X The Future Land Use Map of the Comprehensive Plan calls out the area to be used for suburban mixed use which includes multi -family uses. There has been a change in character in the area due to installation of public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions. X The area to the east has developed primarily in a multi -family manner. There is a community need for the proposed rezoning. X The proposed rezoning would establish a zoning designation suitable for and which would allow the addition of multi family housing options in the city. The proposed change is consistent with, and in furtherance of, the implementation of the goals and policies of the comprehensive plan, other adopted plans, and the policies, intents and requirements of this ordinance and other City reputations and guidelines X The proposed rezoning would conform to the standards of the Zoning Code and aligns with the goals and objectives of the adopted comprehensive plan. The proposed zoning is compatible with the zoning and uses of property nearby. X The rezoning and proposed land use is compatible with multi -family uses to the east. Standard checklist fix. rezoning: Yes No Notes: Public and include; sewers, protection, roads, libraries, disposal, authorized corrrrnunity facilities, which may but arenoe limited to, sanitary and storm water, electrical service, police and fire schools„ parks and recreation facilities, and solid. waste collection and X Existing facilities and services mist in the vicinity. , Authorized capacity vicinity uses. shall not adversely affect the or safety of the street network in the of the property. X The nearby road network:and proposed roadway should have tl capacity in order to facilitate the use's traffic impacts. . Potential enviro.nmentai impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental- harms). of authorized uses shall be mLitii :ed.. X Potential environmental impact of the site have and will further be reviewed by city staff with respect to the City Code_ There: i subject accommodate an adequate supply of land available in the area and the. surrounding community to ate the zoning and cornmunity needs. X The property to be: rezoned should be adequate and able to accommodate- zoningand community needs.. There is anted for mare multi -family property in the community. Benue preapoctA slims be derisaed lay the community or area X Rezoning of the subject site would provide a proposed.: use which. has the potential to. bend -it the community with an: increase is availability of multi. family' housing. Preibninary F1�it The preliminary subdivision plat is subject to and receives review with respect t Citv Cade requirements laid out in Cat 33 The Subdivision Code and Chapter 35 Zoning Code. A rezoning approval to a RA,. -2 designation requites the subdivision to comply with density and: dimensional standards, of that particular dish, .. This includes lot size and width specifications. Proposed Sian/division Namet St. Marys Circle Subdivision Acreage: The total size of the subdivision is 9.09 acres. Number of Lets 25 lots are shown on the Final Plat. Lot Sizes: According to the final subdivision plat submitted by the applicant, lot. size as well as shape will vary wi i f e 6 being the largest at 0.62 acre and lots 17, 18, 19, 22, 23, and 24 being the smallest a0. o.20i acres. Mail Service.: Means of mail service for the subdivision appear to not be yet determined. This can be determined at a later date. It is likely that the subdivision will be served by cluster boxes. Sidewalks: Sidewalks are proposed for the frontage along St. Mary's Boulevard and one side of the proposed roadway. Parking: The proposed street width would support parking on one side ofthe street. Parking is typically permitted on the same side as the sidewalk in residential subdivisions. Streets: A new roadway named St. Marys Circle is proposed. The right-of-way is shown as 60' and the road itself being 28' in width. Such roadway would need to conform to all applicable city standards. Traffic: A traffic impact analysis is not triggered for the proposed 25 duplex development. The Zoning Code requires a traffic impact analysis for 50 duplexes or more. Utilities: Fire hydrants, street lights, water, sewer, gas, electric, and etc. are shown on the plan and are subject to review and comments from staff both in the preliminary and final phases of the plat. Staff Recommendation Rezoning from C-2 General Commercial to RA -2 in addition to the proposed multi family use is suitable and compatible with uses in the area and is in conformance with the future land use plan in the Comprehensive Plan. The rezoning would increase the multi family housing within the City of Jefferson. Subject to the technical comments of city staff, the preliminary subdivision plat appears to meet applicable requirements of the City Code. Form of Motion 1. Motion to recommend approval to City Council of the proposed rezoning from C-2 General Commercial to RA -2 High Density Residential. 2. Motion to approve the Preliminary Subdivision Plat of St. Marys Circle Subdivision with the following conditions: a. Address technical comments of city staff. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, January 12, 2023, 5:15pm Item 6. — New Business/ Public Hearings Case No. P23002 — Preliminary Subdivision Plat, St. Mary's Circle Subdivision, 2200 Block of St. Mary's Blvd. (Existing RA -2 Zoning) ENGINEERING STAFF RECOMMENDATION - Recommend approval, subject to technical corrections being addressed on documents prior to the final plat being submitted for consideration. Existing Infrastructure Summary • Public infrastructure exists along St. Mary's Blvd. • Storm water facilities exist in the vicinity. • Sanitary sewer facilities exist in the vicinity. • Sidewalk does not exist in the vicinity. Improvements Summary Roadway • St. Mary's Circle is proposed as a local street serving 25 two (2) unit lots. • The street is proposed as a 28' wide street, no parking to be allowed on one (1) side of the roadway. Storm Water / Erosion Control • A storm water detention/ storm water quality basin will be located at the northeast corner of the subdivision. • A proposed drainage system will collect all drainage from the subdivision and direct it to the basin indicated. • An erosion and sediment control plan has will be needed as a part of future infrastructure plans. • See the enclosed email regarding specific comments needing addressed on the preliminary plat regarding these facilities. Sanitary Sewer • All proposed lots in this development are to be served by a new sanitary sewer main extension that ties to the existing main at the northeast portion of the subdivision. Sidewalk • Sidewalk is proposed along one (1) side of St. Mary's s Circle. Sidewalk is proposed along the frontage of St. Mary's Blvd. p.2 Fire Hydrants / Street Lights/ Utilities • Facilities proposed within the subdivision are in accordance with City standards. • See the enclosed email regarding specific comments needing addressed on the preliminary plat regarding these facilities. Review Status of Documents- • The preliminary plat has been reviewed and, with the items listed on the attached email being addressed on the plat by the consultant, will be in generally in good order. • These review comments referenced on the attached email have been sent back to the consultant for consideration, and will need to be addressed prior to Planning and Zoning approval. Wade, Shane From: Wade, Shane Sent: Thursday, January 5, 2023 12:41 PM To: Paul Samson Cc: Barron, Eric; Bliss, Kortney; Bonnot, Len Subject: Preliminary Plat for Joe Schepper's Property, 2200 Block St. Marys Blvd.- "To be determined"- Planning and Engineering Review Comments Hi Paul - Please find below, our list of initial review comments for the preliminary plat, per our internal meeting/ review we had yesterday. After you have had a chance to look over the items, we (Eric, Cortney and 1) would like to have a phone call with you to discuss in further detail. Items are as follows - 1. The storm water detention/ water quality basin, as discussed during our pre -meeting, needs to be maintained by the City. It will need to be placed on a Reserved Tract for the City of Jefferson to maintain in the future, not a Lot to be developed for the subdivision. The Tract should have enough street frontage to allow for an all weather access driveway to be placed on the tract, similar to ones that you have proposed previously for other residential subdivisions within the City Limits. All of this should be shown/ identified on the preliminary plat. 2. How does the drainage system drain into the basin? (It looks as if it is directed directly to MoDOT r/w. Will the street drainage/ eastern most draw from St. Mary's Blvd. also drain into this basin? What are the approximate limits/ general area of the basin at this location? DI -3 and DI -4 are shown as junction boxes on the plan, but area inlets with drainage area and flow noted in the drainage calculations. Please clarify. These items should be addressed, shown/ identified on the preliminary plat. 3. Where will mail service be provided for the subdivision? (The Reserved Tract for the storm water basin could be an option). 4. Adequate sight distance should be identified at the two (2) street intersections with St. Mary's Blvd., both to the west and to the east from each intersection. 5. Driveway access restriction to St. Mary's Blvd. from Lot 1,15,16 and 25 should be noted, as access is indicated from the newly proposed street for each of these lots. The north side of St. Mary's Blvd. is currently signed as no parking. This should be noted on the plat. 6. Street lights will be needed at the intersections of the new street with St. Mary's Blvd. It appears that that power poles will need to be relocated at these locations. The new power pole locations (if known) as well as intersection street lights will need to be shown on the plat. 7. Slope(s) of the proposed street should be identified on the plan. 1 /%drainage area map should be provided for the dsa"nage calm latinns. shown. 9'_ The' name of the street should be identified. la The name of the: subdivision should be identified. ti.. Is there a reason that there is a drainage easement exists between rots I6,.17, 18, 23,24 and 25? I4o drainage system is proposed in this area. We shall; be: in uch here in a. fittfe while. Thanks - Shane Shane Wade, P Plan Review and Development Engineer City oflefferson Dept. of Public Works Engineering Divisio n 5:73.1534.6449: 0 573.6 &&467 E swade@ ieffersancitvmo.eov 2 Oty of,fef! rson P ''ar3nufY ofMemoirrg $; Protective Semites- 320E. ftCa►Y§r.SYre'2! .bfferson Cfty;.17 637(11 P6oac-3?3-634-647,0 vevsw:feffersarrciryrmcigov APPLICATiON FOR ZON3NG AMENDMENTS I.. The undersigned' hereby' petiTans the Manning and Zen COrfirni SibTP arrd city Counctt of the Cityof Jefferson, ➢ iSsouri,, for the fo1lawing amendment to the Zoning CO et Map Amendment Text Arnend crt: (include description of propubed text: amendment) prvpertyAddress` 22.00 SL Mary's Bivci. Jefferson Cry, MO 2'_. Applications for Map amendments shall include: a 'neaten tri p) and legafi description, 3.. This petition recasts to) rezone, the above described real estates fanrcn its present crassiTcattnn of C-2 diistrid to RA -2 district The purpose off Miasma:ming rer4 r f i lb: Build an Apartment/Duplex Subdivision 4.. Filing fee; MV1ap Amendment = $6:50. Text Amendment = $450_ 5.. Reqpired Findings: Applicant responses, to the required finding shall 119 nab in Addendum A and vary based or. ttwe of request. 6, The undersigned certify to, be. all of the m ; of Me above described garopeIty and that the. subsrualle.d infonratioaa (in iudiiracg- aff attarrobraerrits, to, abis apparatiosa i tare, and correct, I'M ascniirs of this enty t_ sign and the signatures Roasbe: notarized tope y Owner Signatare Jae ScheppersfOutener Printed N'ame[Fdie (type or print) Properly ear,~ Signature Printed iSfameirdie ftype Sufassrled and sidaorrtr befote me Vs 1 44day of br rfEtage7 44,,.... 0 Er o C l � ; 0,122, 7sz2.2— EEotiza Ith6TA----- -de ary FQrCIIjy Me! On4r.- Appftcatfi n ruing E Nap. Amendment. $85 44504. ) Ackertrsing Eye)! • Text A rmiendrnent= $451 ($25C' MD) Acker tfsfragFee): Ap Brat r Flirt Fee Ede im;d:. Bashi �receipQ, F [I Check C ettea Attachin tea,: LJ Addendum A. Map' n AppEcararP•oject tifunnatinn' Sheet; frldrirkirail Lomeeanteati4eA 4Coardinatorat..(.5/46146670?are e accommadeabas er a IkEroative.femaleasregrfrad=lerfha A'rliefiCarrs wdt lDoita6r7li;esAlct. Pleas* af{awthree 6cisiness;grays, to pozasttha:rrgegreaf (Fe 'urged Ark 2111/1811 Page 1 a!6 Jefferson City Zoning Amendment Application Addendum A — Review Criteria To be used to support zoning amendment requests. (Section 35-74.B.4) Property Address 2200 St. Mary's Blvd., Jefferson City, MO Applicant Name MATEJO, LLC - Joe Scheppers Provide responses to the following required findings by selecting all criteria that apply to your request. State all reasons for your answer and use additional pages to complete your answer if necessary. A. The existing zoning was in error at the time of adoption. Explain. There was not an error at the time the existing was adopted. B. There has been a change in character in the area due to installation of public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions. Explain the change and be specific on which public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions that effected the change. The current zoning was adopted due to the commercial nature of the adjacent properties to the west and the south. The proposed rezoning is an extension of the existing residential zoning to the east C. There is a community need for the proposed rezoning. (i.) What will the proposed zoning be? Residential Duplex/Apartment Subdivision (ii.) Why does the community need this zoning? To increase Residential Housing D. The proposed change is consistent with, and in furtherance of, the implementation of the goals and policies of the Comprehensive Plan, other adopted plans, and the policies, intents and requirements of this Ordinance and other City regulations and guidelines. The Comprehensive Plan shows this property as Suburban Mixed Use. The proposed RA -2 zoning is consistent with the Comprehensive Plan. Page 2 of 6 E They ptetiFrst d zoning is compatite ter; the zoning and uses of property nearby. Property North — M-2 Property South — Cr2 Property East — RA -2 Prey West — G2 F. Public and commonly�„ tuhi meg indirriP, but are not ignited to, san�ry and suss s,,traha r electrical �..p cf 1cal service, ponce and p�i�' ,no schools, parks ant? �fon es� roads, ,�; � a W d costa cotlecgon and rietprignr, are avadabils arid ante to serve uses authorized under the proposed zoning fast pubffe and ccunrrvr+ 'facr s a ile CIO ffire sib Santary Sewer- Ctly of Jean Water Supper MissouriAnperitar Electric- Arneren Gas- Arneren Telephone- Brightspeed G. A traffic impact analiysis has been provided to indicate the potential der of new trips generated and pravisibns are provided to mitigate impacts of frra > -generating projects. Se+a'rar 6(2.Traffi knpacti etssis rig vehicle trip thiredzotes and &Arc limp analysis regufrements) The size of the proposed deveiispirient does not reams the threshold to require a Tra [impact analysis FL Authorized ized uses shraif not adversek affect the capacitor safety of f i e street network in the vicinity of the property. . &matte the plaileSed VW. Residential DuplexiApartnent Ca eat Scsioo �h nu the proposed ease arkersery affect capactiy or salmi of the street neaaaa in the tatikulkafrite prcpeet ts9 rifito ymcae ' Not because East neighborhood already has RA -2 classification. The inaeased *arc vo/urne will not excede treett capacity. N. Polardal envtironin n to hag/acts�( elocessive skiettAt taeater runoff, water �, air Worm, naisepcdulim e ceasike Ighting, ar air erraiiwavn taB harms) offauthorized uses sitaAl be o. List any gefeaffet The primary imps „/T,`s be irbareased storm water runoff This be mitigated by the constructiOn of a step water deteintiorthrater quality basin. J. There is an adequate sup* o rand walkable km the waged: area and the suinounting carrmarnrrrity fa accornrriortate the zoning and coramunity made. Yes K. Benefits shaft be deed by the cornemarrnikr or acres proposed to be aecoFed. List benefit at t is proposed Increase ResidenialaB HeitSing Pag•3ofe l � d+ � cu ce Cote County Missouri 4git 4W Jc. 10) M at 4.4 1x, 140 ItrP.PLI i!Y 5.1 _>,y , .vr R Mt'Igi '~ -- P4 rr!. f'r/=fbi01 calls! ATCO *WREN. lu:am...,S. 7,x -1" p1waan rOR e r�r '7fk�'F M , , ,_-.- ,� ,1111\" r l fd 1 "/ •111. ti%I11 f ,.///, 1 irrl�1 010111�p rjw, r. 71 !//. 1q' r r. "1113.„/ •'/f r`i"•i f 'fr. r. 1I 1 ,Sa r-.1 y�rf:ff1. ,‘4..j ks l l Z- 1 ' 11,�,1�+f, i , -r,1 !.}1'•:` ::.:,: 1 r41F.,rrrr"kieOrt 144i4t! i 11 tk 1r ' i 1 r., '1:7e-7,- .. 0 .. .. .. . r.s.n at. r. ur_ xev n 4:4 tr.+ru w�,1R 4airf 4.1 L., 4 K 4A .n .a 1f..F., f� "TO BEDETERMINED" SUB©IVISIQN PRELIIV NARY PLAT put oR G'fa wW q, HE of 41pq, t11 ?44 N, R j2W JeAgrson Gl;y, Qalt, Ca ugAyf MQ Area; 4,4D agres Pr1, 34.6 i 4zrul 11ig1 I 3ropa5Cd on RA ,A pass.dant141 GEIlR i. Iv §aWS11V -11 l RN P�t:tIM1 11,, V41%4104 W! 441M. M v:-i, µat e s9's.f P IV . ▪ M1A17tfl�I %4 1 1911 1 !af '1 ' 47 r6rpr W i4 II c4ms, *I t. YYa91t n &W WY �1 SvN. 10. -1y a,V11 H 9 1 7K. N waR. 1. ,M w w p uiii9DA t.Ya,� wl 1/?' la. , +II �a ll M.aw ▪ FOp k terer4,„4 tr4, h? 4?nsoO}��a,V � �.M14 pM 4 4�6 ▪ tr C ➢'rold c ua, .1 !'1 A: rl ,qa4 n NIO 01, e )9' Rwwar, N' u. I U1th a 4-0 F M .' a fs w . 1 :1.wc iraO h<� 1 J t4? ?r � 1,4 N 41-1A.ZI 1411.113 1W4.0 rfrfnt SITE LOCATION MAP 52 a uJ IJ .I 0 04 co ow co w rL 411 N LLA d Su wQ c v„ ra VA 4,157 lu pl. 0,44 rose. uCt1 BB0.4I FLAT 1 1 A, I Cites orJ&&fe .ton Department ea Manning: its Prrecrrve Seruices alt E.Y1reCar4 St .leffersorr City, 63'tOr December 27„ 2022 Dear Property Owner: Carrie Terms, Mayor Sonny Sanders, AtfE , AfiQcffi Ph ner 5,7 3a6344410: Fax 5.31J434'-1451 This letter is to notify yomf that the. Jefferson City rotating dElJ Zoning Commission; willi meet: at 515 pin. ori Thursday',, January, TZ 20223: in. the Council Clrarnters of the John G_ Clingy itffunieipall l3 aili'ing, 320 East: McCarty Street. to consider the following, matters (see map on back : Case. No_ P23002. -- 2200 Block of StMary's Boulevard,. Rezoning from C-2 4n R'Ar2 and Prerulsinary Subdiuision Plat. Request tied by MATEJQ fLC„ property. owner, far a rezoning of 9...0a acres; from C-2 General Cornmerciaf fa R-2 High Density, (Mufti:-Farrcity, Residential and a preliminary subcliWsnomt plat consisting of 25 lots, The prop -sty is, located northwest of the intersecti n, of St. Ivory's; Bmuleuand and Heisinger. Road and is. described as Part of'the Waft:rent Quarter of the Iltortheast: Quarter olt sQrtrusrru 11, Township 44 ltlor tip.. Range 112 West. in the Citjr a Jefferson, Cole: County,-, Missouri, (Cemt'rrat Missouri) Professional. Services, C.hnsr-itEain _ As a nearby landowner a.ricktir neighbor,. you are being provided nofice &this heartiiag` rternsifelly, orre are unable to record corm me.nit ; received by'telephone,. however, wriffe..nt commernts may bet directed in the Planning and Zaling Crarmrmsirsnnm: in one of the foilOwirig may e-m.aii: ,LCl fern ilingaieffers3amcymo_gacr fax: Dept of Pfiamnirrr and Protect fre Services f' Ptarining Division 57/3432 -6f,S71 naL Dept. of Planning and Protective S.ervices f Planning Division: John . Christy Municipal Sur7rlin ,. E McCarty Street J:efransoni Mq, MD 651101 Mitten comments neceikedl an our before 200 p rn. an the dap of the meeting wai1 tie made at part of the official record and copied arid] distributed to Cornati5'.aiutt. members at ter meeting_ Those unmh 1-4 re prauai !!e 'fir. comments; i nt advance arre invited d delver their commentsft the Commission Chairman amt±y at the meeting_ CorreSpondernee re iaed after 1._10 pm_ on the day of the meerring will be included in the officiall rircord,, hut there, is not gnairantee that copies will kre made far digribuffoni tray aid] Cararniissiim rmelartinerM, For your information, this cease is tentatively scheduled for a public hearing Ffilf front re the edly Coerma on Fehruary 20,. 2021 The Caly Coma meets at &::tom p.m. in the Cermet Chambers of the Mtn G. Christy Municipal Building, 32 East kfcCarty Street.. information regarding this case may be viewed on. the Warming and Zoning Commission ission vtr ftrpage at het{ _ Iwsrn ieffersoricitym000vioovernmeritipiannintotplanninq and zoning commission.php Pfease contact the Planning and Zug Etivision via plane at 571.534_6573 with pestment cuesiaennrs,_ Best Regards,. Kcrtney Bliss. Planner 1 rrrei'i +clira>ll dioufcfl eomeat fdfna rat (513)) 6M-6323 fa cequaest aca:o;nunaydaderas: or al ermelisve foaapa as: regrsfrerf anda-theArn ernaaen45 f sa#st`iitfes Act. Please ailtur e her: h€rsim sa days; to pitorAsz the rerFe5L Please calf] Q573,) 63'4-6410; with cluesticrns regarding agendia+ items:. Case, No. P23002 2200 Block of St. Mary's Boulevard Rezoning from. C-2 to RA,2 and Pre&iminaily Subdivision Plat 185 ft Notification Buffer 0 100 200 400 5 600. 803 Feel Jefferson City Planning and Zoning Commission Property Owner list Case No. P23002 2200 Block of St. Mary's Boulevard BROOKE, JACOB 2120 ST MARYS BLVD #B-1 JEFFERSON CITY, MO 65109 2120 ST MARYS UNIT B1 BLVD MO 65109 CAPITOL TRACE L L C % JEFF W SCHAEPERKOETTER REGISTERED AGENT 320 NISHODSE BLUFF JEFFERSON CITY, MO 65101 2110 ST MARYS BLVD MO 65109 CINCINATTI CAPITAL PARTNERS 437 L L C ATTN:BUCHHEIT ENTERPRISES INC 33 PCR 540 PERRYVILLE, MO 63775 2304 MISSOURI BLVD MO 65109 CRABTREE, JAMES N & SARAH L 1711 SARAH LN JEFFERSON CITY, MO 65101 2120 ST MARYS UNIT B4 BLVD MO 65109 F& F DEVELOPMENT L L C PO BOX 105045 JEFFERSON CITY, MO 65110 321 NORMAN DR MO 65109 HOGAN, LOIS A 2120 ST MARYS BLVD UNIT B3 JEFFERSON CITY, MO 65109 2120 ST MARYS UNIT B3 BLVD MO 65109 IDEL, LARRY SHAWN & KIMBERLY M 3769 STATE ROAD AA HOLTS SUMMIT, MO 65043 2120 ST MARYS UNIT A6 BLVD MO 65109 JBJCPROPERTIES L1C PO BOX 1351 JEFFERSON CITY, MO 65102 2121 ST MARYS BLVD MO 65109 MATEJO L L C 849 WEATHERHILL RD JEFFERSON CITY, MO 65109 2217 ST MARYS BLVD MO 65109 12/29/22 MEHMERT, MATTHEW W 2120 ST MARYS BLVD #B2 JEFFERSON CITY, MO 65109 2120 ST MARYS UNIT B2 BLVD MO 65109 MILLER, FLOYD E JR 2120 ST MARYS BLVD #A5 JEFFERSON CITY, MO 65109 2120 ST MARYS UNIT A5 BLVD MO 65109 NEW STANDARD PROPERTIES L L C ATTN:DAVID J DRANE/DANIEL M BURKS 12001-70 DR SW COLUMBIA, MO 65203 400 DIX REAR RD MO 65109 PETTY, PATRICIA 2120 ST MARYS BLVD JEFFERSON CITY, MO 65109 2120 ST MARYS UNIT A2 BLVD MO 65109 RODEMAN, LINDA K 2120 ST MARYS BLVD UNIT Al JEFFERSON CITY, MO 65109 2120 ST MARYS UNIT Al BLVD MO 65109 Jefferson City Planning and Zoning Commission Property Owner list Case No. P23002 2200 Block of St. Mary's Boulevard 12/29/22 SMITH, EARL LJR 2120 ST MARYS BLVD #A3 JEFFERSON CITY, MO 65109 2120 ST MARYS UNIT A3 BLVD MO 65109 STERLING DEVELOPMENT GROUP INC 4605 APPLE TREE LN COLUMBIA, MO 65203 2108 ST MARYS BLVD MO 65109 THOMPSON, JOSHUA 2120 ST MARYS BLVD #A-4 JEFFERSON CITY, MO 65109 2120 ST MARYS UNIT A4 BLVD MO 65109 WEST APARTMENTS L L C % COLONIAL MANOR APTS 2111 DALTON DR UNIT B JEFFERSON CITY, MO 65109 2111 DALTON DR MO 65109 PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-105 SPONSOR: Councilmember Lester SUBJECT: Approval of a PUD Plan Amendment for Property Located at 311 Bolivar Street, to Change the Number and Orientation of Parking Spaces Adjacent to Wall Way. (Planning and Zoning Commission Case No. P23003) DATE INTRODUCED: February 6, 2023 PUBLIC HEARING: February 20, 2023 DEPARTMENT DIRECTOR: CITY ADMINISTRATOR: Staff Recommendation: City Staff have a neg ive recommendation on this proposal. Summary: Standard ordinance approving a PUD Plan Amendment. Origin of Request: Property owner, through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Eric Barron Background Information: The property consists of 0.38 acres of property zoned as PUD, Planned Unit Development. A Preliminary PUD Plan to construct a 2,500 sf 2 story building for a coffee shop, roastery and short term rental was approved by the City Council on October 19, 2020. The approved PUD plan outlines the site design with main parking lot accessed from Bolivar Street and smaller parking area accessed via driveway from the alley on the northern side of the property. The proposed amendment would change the parking area along the alley to "head in" parking off of the alley, with a total of 8 spaces adjacent to the alley. Please see the attached case packet for more information. Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for PUD Plan Amendment at their meeting of January 12, 2023. The motion to recommend approval of the proposed PUD Plan Amendment to the City Council FAILED on a vote of 3 in favor and 4 against. Public Notice: Standard public notice procedures were followed in advance of the Planning and Zoning Commission meeting and the City Council meetings. This includes (1) publication of the public notice agenda in the Jefferson City News Tribune 15 days in advance of the hearing on the case; (2) notification by letter to adjoining and affected property owners within 185 feet, and (3) posting of a sign at the property announcing the date and time of the hearing 10 to 15 days in advance of the hearing. Public Comment Received: Jane Schaeperkoetter, 320 Nishodse Bluff, spoke in favor of the request. Mrs. Schaeperkoetter spoke on the parking impact with respect to the subject site and nearby Fire Station 1. Fiscal Information: $700.00 in application fees were received. Planning & Zoning Commission Recommendation: Negative Recommendation BILL NO. 2022-105 SPONSORED BY Councilmember Lester ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 311 BOLIVAR STREET. WHEREAS, Capital Opportunity Fund, LLC, owner of the real estate hereinafter described having submitted a PUD Plan Amendment of said real estate described as follows; The northerly part of Inlot No. 424 in the City of Jefferson, Missouri, more particularly described as follows: Beginning on the westerly line of said Inlot 10 feet northerly of the southwesterly corner of said Inlot, thence northerly with the westerly line of said Inlot 188 feet 9 inches to the northwesterly corner thereof, thence easterly with the northerly line of said Infot 104 feet, 4.5 inches to the northeasterly corner of said Inlot, thence southerly along the easterly line of said Inlot 138 feet, 9 inches, thence in a westerly direction along and with the northerly line of the railroad land to the place of beginning. Containing 0.38 acres, more or less; and WHEAEAS, it appears that the procedures set forth in the Zoning Code relating to amendments to Planned Unit Development plans have in all matters been complied with, as said property owner submitted to the Planning and Zoning Commission and City Council an Amended PUD Plan for the above referenced property. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The PUD Plan Amendment, on file as Case No. P23003 in the Jefferson City Planning Division, is hereby approved for the land referenced above. Section 2. Conditions of the Preliminary PUD Plan approval, contained in Council Ordinance 16083, shall remain in effect. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Approved: Presiding Officer ATTEST: Mayor Carrie Tergin APPROVED AS TO FORM: City Clerk City ttorney Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12, 2023 5:15 p.m. COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Gregory Butler Emily Fretwell Hank Vogt Treaka Young Jacob Robinett Sara Michael, Alternate COMMISSION MEMBERS ABSENT Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner Sonny Sanders, Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Jason Turner, Division Chief JCFD ATTENDANCE RECORD 7 of 7 7 of 7 4 of 7 6 of 7 7 of 7 6 of 7 5 of 7 1 of 1 6 of 7 6 of 7 0 of 2 1 of 2 Guests: Paul Samson with Central Missouri Professional Services, Council Members Laura Ward and Scott Spencer, Timothy A Joseph, Jeff and Jane Schaeperkoetter, Jacob Brooke, Lois Hogan, Teresa Tolksdorf, Joe Scheppers, Jay and Kim Fischer, and Carolyn McDowell. Case No. P23003 — 309 & 311 Bolivar Street, Amendment to PUD Plan. Request filed by Capital Opportunity Fund LLC, property owner, to amend the approved PUD Planned Unit Development plan to change the number and orientation of parking spaces located on the north side of the property adjacent to West Wall Way. The property is located on the northeast corner of the intersection of West McCarty Street and Bolivar Street and is described as the northerly part of Inlot No. 424, in the City of Jefferson, Cole County, Missouri. Mr. Barron stated the applicant is requesting an amendment to a PUD plan for the business Three Story Coffee. The proposed amendment for this plan deals with a portion of the parking lot located adjacent to the alley. Fire station one is located to the north of this property across the alley. The basis of the staff recommendation on this case is fire department concerns about impact on emergency services. Mr. Turner spoke on behalf of the Jefferson City Fire Department. Initially, when this request came in, the fire department was in favor of no parking due to assets and resources that are at fire station one that are needed access to quickly in the event of an emergency. After discussion with the property owner and developer, the fire department agreed on two parking spots in the area. Mr. Turner shared information from previous e - mails between city staff and Jeff Schaeperkoetter when Mr. Schaeperkoetter stated "we will make every reasonable effort to reduce the impact on the fire department's operational requirements" (9/4/2020 e-mail). The fire department wants to reduce the risk of what it will do to the fire station to get their resources in and out of the facility. Mr. Turner advised there was no prior discussion of going from two to eight parking spaces. Mr. Robinett asked for clarification with Mr. Turner about four parking spaces. Mr. Turner advised the initial agreement was two parking spots total, four parking spaces (two spaces on east, two spaces on west) were agreed upon and approved administratively in July 2021. Property owner Jeff Schaeperkoetter, with Capital Opportunity Fund LLC, presented the case. Mr. Schaeperkoetter stated that he believes the fire department has the ability to create their own egress out of their building. There are currently four parking spaces that were approved by the city, but Mr. Schaeperkoetter believes there is room for eight parking spaces. Mr. Schaeperkoetter advised the fire department received $30,000 a year in lease payments for the communications tower on the property. Mr. Schaeperkoetter suggested the fire department should use that money to build their own access and stop depriving the property owner the right to use a public way that adjoins their property. Co-owner Jane Schaeperkoetter, resident at 320 Nishodse Bluff, also spoke regarding the request. Ms. Schaeperkoetter advised there are currently four spaces that have been striped with a concrete abutment coming out as laid out in the plans. Everything has been done by the plan that was set up, with parking parallel to the building. The fire department does have signs up on their property, but has not done anything more to the alley way to show that is it a fire lane. Ms. Schaeperkoetter advised she has not seen one time where there has been a problem with vehicles exiting at the same exact time as a vehicle from the fire station. Ms. Schaeperkoetter believes anyone parked there would stop and let the fire department go thru and would not pull out in front of a fire vehicle. Ms. Schaeperkoetter advised they would like eight spaces instead of the current four because staff currently park on the street, which takes up other parking spots for people that want to come in and have a cup of coffee. Ms. Schaeperkoetter stated she does not believe any reasonable person will get in the way of a boat or any other vehicle coming out of the fire station. Mr. Schaeperkoetter answered questions from commission members regarding business hours, a possible future Air B&B in the upper level, and parking available in the area. Mr. Schaeperkoetter stated Mayor Tergin advised she asked the engineering department to engineer an exit on city property so the fire department wouldn't have to use W. Wall Way. The mayor indicated to Mr. Schaeperkoetter that it would cost too much. With respect to the signage recommended during the last P&Z action on this request, Mr. Schaeperkoetter stated he feels it should be the employer's decision and not the city's decision on how they manage parking off the alley. Mr. Turner advised there are two water craft boats that are housed in fire station one that are pulled by a three-quarter or one -ton truck. The station also houses the central air that fills the bottles that firefighters wear on their backs for firefighter operations; large apparatus routinely pull to the back to fill up central air lines. The concern is about increased traffic in the area. Mr. Turner advised previous discussions specified both sides would put up fire lane signage, the fire department has put their signs up, but the developer and owner has not put signage up yet on his property. Mr. Turner advised the $30,000 received from the communications tower goes to the general fund, not the fire department directly. In response to Ms. Fretwell's question, Mr. Turner advised the city did look at and review an alternative route, but Mr. Turner did not have any further information on this. Mr. Barron advised the staff report and staff recommendation is contained in the packet and the basis of the staff recommendation is the fire department concerns that have been expressed this evening. Ms. Fretwell moved and Mr. Vogt seconded a motion to recommend approval to the City Council of the proposed PUD Plan Amendment. The motion failed 3-4 with the following votes: Aye: Fretwell, Vogt, and Michael. Nay: Butler, Quigg, Robinett, and Young. Jefferson City Planning & Zoning Commission January 12, 2023 Case No. P23003 309 & 311 Bolivar Street Capital Opportunity Fund, LLC Major PUD Plan Amendment Case Packet Contents 1. Vicinity and Location Maps 2. Application 3. Staff Report 4. Council Ordinance Approving Original PUD Plan (Oct. 2020) 5. Final PUD Site Development Plan (July 2021) 6. Original Preliminary PUD Application Packet (Aug. 2020) 7. Summary of Timeline and Correspondence 8. Correspondence/Timeline Packet (41 pages) 9. Surrounding Property Owner Notification City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P23003 308 & 311 Bolivar Street Major PUD Plan Amendment 0 35 70 140 Feet City of Jefferson Planning and Zoning Commission VICINITY Case No. P23003 309 & 311 Bolivar Street Major PUD Plan Amendment N 0 55 110 220 Feet MI i Consultant Signature City of Jefferson Department of Planning & Protective Services 320 E McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 JCPlnnninniajeffcrsonci(vni o.gov w' ii.jeffersoncitymc_gov RECEIVED DEC: ; 2 2022 APPLICATION FOR PLANNED UNIT DEVELOPMENT (P1113) l„_A„ :.;;;•;t, r; ❑ Concept PUD Plan ❑Preliminary PUD Plan ❑ Final PUD Plan PUD Project Name: Case No . P20007 0 Amendment to Final PUD Plan ❑Amendment to Final PUD Plan for Signage Street Address: 309/311 Bolivar St. , Jefferson City, MO 65101 Legal Description: (as follows or is attached) Attached Please attach or include the following: a) Typed project narrative describing the type and character of the development, including land uses, acreage, proposed residential densities or commercial floor area (FAR); public or private open space, amenities or recreation areas to be provided; sidewalks and pedestrian ways; parking areas; deviations from minimum design standards of Section 35-51; and other information required by Section 35-74 or applicable sections of the Zoning Code. The project title and location must be included upon every page. Number all pages and attachments. b) Site Plan and/or Development Plan, as applicable. c) Preliminary or Final Subdivision Plat or Declaration of Condominium Association, as applicable; d) Draft of Covenants, Conditions and Restrictions, as applicable; e) Traffic impact analysis, if required by Section 35-60; f) Signage Plan, including type, locations and dimensions of all proposed signs; g) Landscaping and Screening Plan; h) Lighting Plan, including pole heights, type of fixtures or luminaries, and foot candles; i) Project Phasing Plan (if applicable) j) Application Filing Fee = $500 + $200 advertising fee + $20 per acre + $250 rezoning fee (if applicable) (Revised July 1, 2018) Application Information: Property Owner: Capital Opportunity Fund, LLC Address 320 Nihodse Bif. Jefferson City, MO 65101 Phone Number(s): 572—nn1 —7514 Applicant Name (if different from owner): Address Phone Number(s): Consultant Name: Address: Phone Number(s): e attache information a urately represents this p aep e ro c rf £ vr. ciaeperkoetter Managing Member Printed Name/Title rty Owner Signature 12/12/2022 Date Printed Namerritle Date For Staff Use Only: Application Filing Fee Received Amount [!Check Attachments: Narrative Site PfanD Appfican /Profact Information SheetFl 'Note other inforrna en submitted on back page Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or altetnative tannats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Page 1 of 7 Legal Description of Property Case No. P20007 309/311 Bolivar St. EXHIBIT The following parcel of land, lying, being and situate in Cole County, Missouri: The northerly part of Inlot No. 424 in the City of Jefferson, Missouri; and particularly described as follows: Beginning on the westerly line of said Inlot 10 feet northerly of the southwesterly corner of said inlot, thence northerly with the westerly line of said inlot 188 feet 9 inches to the northwesterly comer thereof, thence easterly with the northerly line of said inlot 104 feet 4-1/2 inches to the northeasterly corner of said inlot, thence southerly along the easterly line of said inlot 138 feet 9 inches, thence in a westerly direction along and with the northerly line of the railroad land to the place of beginning. P.4 Amendment Narrative (Case No. P20007) 309/311 Bolivar St. The proposal is to amend the Final PUD Plan approved by the City by changing the number of parking spaces and orientation of parking in the parking area north of the building, between the building and W. Wall Way, a public alley. The Final Plan for this area is depicted on the attached Exhibit A. As shown, It provides for four parking spaces, two each at both the eastern and western edges of the parking area. Exhibit B depicts the parking area as it is proposed to be if the Amendment is approved. The proposed amendment would provide for 8 parking spaces in the same area, all to be pull -in parking from W. Wall Way. One handicapped space with an adjacent area for accessibility is included in both the approved and proposed parking area. Discussion The parking area proposed was included in a Site Plan for the property, and discussed at a pre -submission meeting between the owner and city staff. At that meeting, staff indicated that it would not recommend straight -in parking for approval by Planning and Zoning and the City Council, and staff now indicates that this change can only be approved through the major amendment process by the Planning and Zoning Commission and City Council. The following policy suggestions are for the City's consideration as it processes this application: 1. The Owner's desire to optimize off-street parking will lessen the need for on -street parking in the area. The City's prior experience with parking issues in developed and developing areas should cause the City to encourage off-street parking, serving the business's needs and minimizing the impact on the neighborhood. 2. The Owner should have full and unfettered use of the West Wall Way access. It is a public way, and Ordinance No. 16083 already contains significant protections for the City against improper usage of the alleyway. 3. The Owner has previously raised this issue with the City and met with City staff at the site, and the only concems expressed by staff, in denying the change, related to restrictions on emergency vehicles and access to the tower site at Fire Station 1. Owner believes the City has the ability, and perhaps the legal obligation, to provide for its emergency needs without limiting the public's use of a public way. it appears that the City has adequate space on its own property to provide for its =MSS needs without limiting another property owner on its use of the public way. The Owner believes that the proposed change will not significantly impact the City or the public's use of W. Wall Way, and will improve traffic in the area by increasing on -site parking and reducing the need for use of on -street parking. Page 3 GI I7 PGTPJIRFP PIP P iR RPf?IS Tillt ui P S 1111[1111 1111r11111 1 ill 11/4 Bl::;.:73 ; la G 111111.11111111(111111111 1 r. � � I� r,< ty F _-1j%^!:::.. .,.- :.,_,: 11'12 / .. ........,. Ifi Wk, Fp f Ocn ti l IiSrlauti Pratafional Strrlop, Inc, Ff PRO POSED BUILDING QAK@ROOK PROPERTIES, (IC 7PY71 I baiYAR STIXE7 JIfdEiOH a rt. CAECOUNTY.OSSO f1 14 .1. .... - .. n 'Um.; N. MIm ,amp.. n. ,ory. u,.a to/ u..u g 4S a$ATT oS TIE/60E t-- 0 0 0 tat 0 ff1 (T Amendmen t Marti sew 4/1 •P, PROPOSED BUILDING OAKBROOK PROPERTIES, LIZ v PROJECT LOCATION nollror Slrtel ftso' nhrl ry• • lY •••,.• u•.. 517,41 Wrrh, rain r.R ;..... ; ,.,I. T 1 I 1 1 1 t I I l I ' 1 I Y4 ij I I •r.r uVn �r . HI FINAL PUD SITE PLAN PROPOSED BUILDING ETA YST. Jefferson Qty, 110 Argo. 0. 30 seas 7.01E13: 4'UD I ineh .10 MCI ' la ta 16 q0.. . - h'.1 CITY STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12, 2023 Case No. P23003 — 309 & 311 Bolivar Street, Amendment to PUD Plan. Request filed by Capital Opportunity Fund LLC, property owner, to amend the approved PUD Planned Unit Development plan to change the number and orientation of parking spaces located on the north side of the property adjacent to West Wall Way. The property is located on the northeast corner of the intersection of West McCarty Street and Bolivar Street and is described as the northerly part of Inlot No. 424, in the City of Jefferson, Cole County, Missouri. Nature of Request The development of the property was approved via the PUD Plan approval process. The building on the property is a two-story building, with the lower level consisting of a coffee shop and roastery and upper level including a one -unit short term rental/apartment. The property owner is requesting an amendment to the approved PUD Plan with respect to the number and orientation of parking spaces adjacent to the alley. The Final PUD plan shows 4 parking spaces accessed via a short driveway with access to the alley. The proposed amendment shows 8 head in parking spaces accessed from the alley. City Staff have determined that the requested amendment does not qualify as a Minor PUD amendment, and directed the property owner to the Major PUD Plan amendment process. History and Sequence of Development Approvals The Preliminary PUD Plan for the development was heard by the Planning and Zoning Commission on September 16, 2020, and subsequently approved by the City Council on October 19, 2020. Specific concems by Fire Department staff regarding the arrangement of parking and access to the ally were discussed with the applicant/property owner prior to the Planning and Zoning Commission meeting and again prior to City Council meeting. Specific comments by the Fire Department included a need for a physical barrier (such as a curbed island) and fire lane striping along the alley. The approving City Council ordinance included specific requirements with respect to the access and use of the alley that were negotiated between Fire Department/Law Department staff and the property owner and inserted as an amendment to the Council Bill. The Preliminary PUD Site Plan included a small parking area with driveway access off of the alley and space for two vehicles (one regular and one handicap space). The Final PUD Development plan for the property was administratively approved by City Staff in July of 2021. The Final PUD Plan included a change in the number of parking spaces at the rear of the building, increasing the number of parking spaces from 2 to 4, which was negotiated between the property owner and Fire Department staff and deemed approvable within the Final PUD Plan administrative approval process. Curbing to separate the parking lot from the alley was shown to be installed on one half of the parking lot (the portion closer to Bolivar Street) and not installed on the other half (where a stripped loading zone area for a handicap parking space would serve as the separating barrier along the alley). The approved curbing was planned by Fire Administration to be visually marked as a fire lane to further restrict parallel parking in the alley and eliminate conflict with emergency access. On May 16, 2022, City staff recognized that the parking area was not installed according to the Final PUD Plan, with the concrete curbing along a portion of the parking area missing. Upon inquiry, the property owner stated their intent to pursue an amendment to the PUD Plan to permit the parking lot as constructed (without the island) and with head in parking spaces accessed from the alley. The applicant submitted an application for a PUD Plan Amendment, which was heard by the Panning and Zoning Commission in August of 2022. Planning and Zoning Commission recommended approval subject to installation of signage to identify the parking as intended for use by employees and tenants of the short term rental only. The request was heard by the City Council in September of 2022. The PUD Amendment was not approved by the City Council. Subsequent to the City Council decision, the parking lot was installed according to the Final PUD Plan. Staff Analysis The alley adjacent to the site serves as access to the rear of Fire Station Number 1. In addition to the unique access needs associated with the public emergency service nature of the fire station, Fire Station One houses the emergency response watercraft used when responding to emergency situations on the Missouri River or other water emergencies. For these reasons, the nature of access to the alley has been a major item of concern and negotiation between the owner and Fire Department personnel. Specific staff concerns are: 1. That the orientation of the parking spaces will have a higher possibility of obstructing the alley. The head in parking would rely on the public alley for circulation (pulling in and backing out of cars) whereas a small parking lot with driveway access would only rely on the alley for driveway access, not the circulation of specific vehicles accessing parking spaces. 2. That the increased number of parking spaces will result in a higher level of traffic in the alley and a higher possibility of affecting emergency dispatch of vehicles. During Preliminary PUD Plan consideration and approval, and subsequent administrative approval of the Final PUD Development Plan, multiple discussions took place between the owner and Fire Department representatives regarding concerns about the impact of the development on the adjacent alley. Specific restrictions regarding use of the alley were negotiated through the Law Department and incorporated into the bill approving the Preliminary PUD Plan. Potential impacts on emergency vehicle use in the alley have been an overriding concern with respect to development of this property since the initial predevelopment meeting in August of 2020, with multiple meetings and emails taking place regarding this subject. Please see attached summary of timeline and correspondence. Staff Recommendation: Fire Department personnel are concerned that the revised parking arrangement could impact emergency response. Use of zoning powers to regulate the level of access to public right-of-way, especially where essential public services are heavily reliant on such right-of-way, is appropriate. Because the currently approved parking configuration was an essential condition of staff's previous support and approval of the original PUD plan, staff cannot recommend an amendment away from the previously negotiated parking solution. Approve Not Approve Neutral Staff Recommendation X Form of Motion (all motions shall be positive, staff does not recommend approval of the required motion) Motion to recommend approval to the City Council of the proposed PUD Plan Amendment. Attachments: Ordinance 16083 — City Council approval of Preliminary PUD Plan, including: o Specific restrictions on parking/use of the alley (contained within ordinance text) o Preliminary PUD Site Plan o Building Floor Plan Final PUD Site Plan (administratively approved by staff) Preliminary PUD Application packet Summary of timeline and correspondence AS AMENDED BILL NO. 2020-034 SPONSORED BY Councilmember Graham ORDINANCE NO. PP6el AN ORDINANCE OF THE CITY OF JEFFERSON APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY LOCATED AT 311 BOLIVAR STREET. WHEREAS, Oakbrook Properties LLC, owner of the real estate hereinafter described having submitted a Preliminary PUB Plan Amendment of said real estate described as follows; The northerly part of Inlot No. 424 in the City of Jefferson, Missouri, more particularly described as follows: Beginning on the westerly line of said Inlot 10 feet northerly of the southwesterly corner of said fnlot, thence northerly with the westerly line of said fnlot 188 feet 9 inches to the northwesterly corner thereof, thence easterly with the northerly line of said Inlot 104 feet, 4.5 inches to the northeasterly corner of said Inlot, thence southerly along the easterly line of said Inlot 138 feet, 9 inches, thence in a westerly direction along and with the northerly fine of the railroad land to the place of beginning. Containing 0.38 acres, more or less; and WHEAEAS, it appears that the procedures set forth in the Zoning Code relating to Planned Unit Developments have in all matters been complied with, as said property owner submitted to the Planning and Zoning Commission and City Council a Preliminary PUD Plan for the above referenced property. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Preliminary PUD Plan, on file as Case No. P20007 in the Jefferson City Planning Division is hereby approved for the land referenced above. Section 2. Permitted Land Uses. Permitted uses for the property shall be limited to Roastery, Short Term and Long Term Residential Rental, General Retail, Coffee Shop, and any permitted uses of the C-2 zoning district. Signage and lighting shall adhere to the allowances of the C-2 zoning district. Section 3, Common Areas and Public Land. No common areas are proposed and no lands are dedicated to public use with this PUD Plan_ Section 4. The public alleyway known as "W, Wall Way" (the 'alleyway") shall be designated as "no parking" from the intersection of the alleyway and Bolivar St. to the eastern property line of the subject property. The alleyway shall not be used in the operations of any commercial or residential use on the subject property in that no owner or occupant of the subject property shall suggest, encourage, ar, with knowledge, allow or permit vendors, customers, tenants, or invitees to park, idle, or block the alleyway at any time. Nothing in this paragraph shall be construed (1) to prohibit the use of the alleyway for general vehicular or pedestrian access to the parking lot on the subject property which is directly adjacent to the alleyway; (2) to prohibit ingress and egress along any point of the alleyway adjacent to the subject property; (3) to prohibit the owner or occupant from trash service pickup along the alleyway; or (4) to criminalize or otherwise force any vehicular user t.o not comply with any traffic regulations of the City of Jefferson, such as stopping at stop signs or yielding to pedestrians. Furthermore, nothing in this paragraph shall require the owner or occupant of the subject property to enforce the parking, idling, or blocking restriction in any way other than making a reasonable effort to obtain voluntary compliance and, if unsuccessful, reporting the suspected violation to the City of Jefferson for either police or towing action. Section 5. This ordinance shall be in full force and effect from and after its passage and approval. Passed: /06L-6-(471, J 2O Approved: Presiding Officer ATTEST: City Clem 4.2Z0 Mayor Carrie Tergin APPROVED AS TO FORM: City Attorney 7 - tt ."-Srni ?}S.we.eut S'1 L.! 1' FOR: SITE STUDY sill . l,u•A7An ttMY s „ r .. '(7 O. 4() ACRE SITE JEFFERSON CIT Y, MISSOURI OAKBROOK I'ROPERTIRs, LLC' GALE, 1" = 90•-0" PATIO , 1' Kc:T'r n PUIWfl & IaL.+ t*.F. t ANttu1 G 2 SPACES Q r enth If memm A A.. ., u, r e P ON I I'.N , If I' .It f •.M)%1+\ & ASSO C IAI'CS • AN CI III I±C l ASHL AND, NIIS5OURI J41 .1' 2020 azanitier tower too* IOR Y r:{7i'!=i`i 1• -. ,'•f ?.= ii:f STUDY PDX; BUILDING STUDY OAtiiJtOOK PROPERTIES, I.I.C: 0.; I0 A CRE SITE JEFFERSON CITY, MISSO URI SCALE. I" c IS' -d" L1t 'ATYJ OR o.s Gr .TrELTP4 crr. rF t,:, •(Te.a, CD MM. Bwt3uw A A,: eiLuw P. C. 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PP,ONEIi.YYMf axle, l 7a1a r17ww) M•w a1M; =1r q N ", p er hp ly pot 1w AmpIVMM•.gw M IRON Ixw.w.0.1.40.11.iu I.a 1 JrgRRrminoN eA4pe DOA 41 �M �,.... .Y . ...... .µt. .- 7�a OPOILIPPOUPPOP I. Wpolar jrr . lw mow M a Map AMP. «r Ow. w p-1 1 O. OMaw O r.w 1 0.0.1 IMMl YlNwe OM W 0.0.1IMAM 1 =Al 2Z « 0 fl . , te a .. y . Ir•,. art WT I flu... Mein IurrtrJQ L IIMh..Ire. PRA IOM 4 MIY YOVx R • rlr 1. 4,11 .lea. r ..1 4 RP 0 Y0 �aC1 �11 .1 �pap M «M0 1,001111 Mow* • M P�.• Y 540 51 aY (Pie 11/15) ra Witt14,1 (! Y Ea 1 1n011 .10 9Ti>vT P i N y 1 mril Y 115.0 .• P•« ) it w _,I . .. �M•w��� a•��� T.... kit _+yMAI _ u1 latter us 51 0p1 FINAL PUD SITE PLAN PROPOSED BUILDING 909/311 BOLIVAR STREW Jelterson City, MO Arm. 0 .99 cores ZONED: PUD I • a1 Orit Plum 101 MIIAM NOW: r ads rtwtn nn4aa.awrr cog 40 11a 20.053 MC PI WPh P.L.1. I0. P41. M 9.9•U KMt I•r10' tatty tit GRADING 8 EROSION CONTROL PLAN PLO wiPAP 0101 bar 101415417* n c W O D 4 Cl Wi1 PROPOSED BUILDING OAKBROOK PROPERTIES, LLC 309411 BOLN AR STREET JEFFERSON CRY, COLE COUNTY.U3SSO JRl r a 4 Central Missouri Professional Services, Inc . 0 1 6 10 011 0'16 - 311x.6610 - xa*t•)+., . TIMM 2668 C. worm � wae6 JLivsRON cerr. x>sso vu 66101 om 634-141 City of Jefferson Department of Planning & Protective Services 320 E McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 fcnlanninq n( ief citvmo. ara www.feffersoncitymo.gov APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) D Concept PUD Plan • Preliminary PUD Plan D Final PUD Plan PhD Project Name: Oakbrook Properties ❑ Amendment to Final PUD Plan ❑ Amendment to Final PUD Plan for Signage Street Address: W. McCarty Street (600 block, number not vet assigned) Legal Description: (as follows or is attached) Attached Please attach or include the following: a) Typed project narrative describing the type and character of the development, including land uses, acreage, proposed residential densities or commercial floor area (FAR); public or private open space, amenities or recreation areas to be provided; sidewalks and pedestrian ways; parking areas; deviations from minimum design standards of Section 35-51; and other information required by Section 35-74 or applicable sections of the Zoning Code. The project title and location must be included upon every page. Number all paces and attachments. b) Site Plan and/or Development Plan, as applicable. c) Preliminary or Final Subdivision Plat or Declaration of Condominium Association, as applicable; d) Draft of Covenants, Conditions and Restrictions, as applicable; e) Traffic impact analysis, if requires! by Section 35-60; f) Signage Plan, including type, locations and dimensions of all proposed signs; g) Landscaping and Screening Plan; h) Lighting Plan, including pole heights, type of fixtures or luminaries, and foot candles; i) Project Phasing Plan (if applicable) j) Application Filing Fee = $500 +^$200 advertising fee + $20 per acre + $250 rezoning fee (if applicable) (Revised July 1, 2018) Application Information: Property Owner: Oakbrook Properties , L.L.C. Address 320 Nishodse B1f, Jefferson City, MO 65101 Phone Number(s): 573--301-7514 Applicant Name (if different from owner): Address Phone Number(s): Consultant Name: Address: Phone Number(s): e attached armation ac . rately represents this proposed project Jeff W. Schaeperkoetter, Member 8/3/2020 Printed Name/Title Date ignature Consultant Signature Printed NameJTitle Date For Staff Use Only. Application Filing Fee Received Amount Check # Attachments: Narralivo Sita Plan` AppecardrProfect Information Sheet 'Not© other information submitted on back page 1ndivlduafs should contact the ADA Coordinator at (57 3) 634-6670 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Pagel of7 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573.634.6410 icolanninaaleffcltvmo.ora www.Jeffer sondtymo.gov Project Information (Please use additional sheets if necessary) • Name of Project Oakbrook Properties Location/Address W. McCarty Street (600 block, number not yet assigned) Submitted by Oakbrook Properties , L.L.C. Applications Submitted (Check box and circle Kern) El P&Z: amine Amend Comp Plan Amend Special Exception MI Sub. Plat Annexation IN BOA: CUP Variance Appeal 0 Stafi Site Plan Bldg Plans Grading Plan Change of Use Temp Use ❑ Other. Consultant(s) (List lead consultant and all others who are responsible for major project elements) Lead Consultant Name Firm Name 1 Address Telephone Number Fax No. E -Mail Consultant Name Firm Name Address Telephone Number Fax No. E -Mail Consultant Name Firm Name Address Telephone Number Fax No. E -Mail Property Owners/Applicants (List owner Mark "X" next to the name of the primary contact) Owner Name Oakbrook Properties, L.L.C. Address 320 Nishodse Rif, Apf-tprser City, lut 5 l n7 Telephone No. 573-301-7514 Fax No. E -Mail jwschae@hotmail . com Applicant Name Oakbrook Properties. L.L.C. Address 320 Nishodse W.f. Jefferson City. MO 65101 Telephone No. 573-301-7514 1 Fax No. E -Mall jwschae@hotmail.com Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disablflies Act. Please allow three business days to process the request Page 2 of 7 EXHIBIT A The following parcel of land, lying, being and situate in Cole County, Missouri: The northerly part of Inlot No. 424 in the City of Jefferson, Missouri, and particularly described as follows: Beginning on the westerly line of said Inlot 10 feet northerly of the southwesterly corner of said inlot, thence northerly with the westerly line of said inlot 188 feet 9 inches to the northwesterly corner thereof, thence easterly with the northerly line of said inlot 104 feet 4-1/2 inches to the northeasterly corner of said inlot, thence southerly along the easterly line of said inlot 138 feet 9 inches, thence in a westerly direction along and with the northerly line of the railroad land to the place of beginning. ATTACHMENT TO PRELIMINARY PUD APPLICATION Oakbrook Properties, LL.C. Property at corner of Bolivar and McCarty Streets (0.40 acres) The Preliminary Plan for the Planned Unit Development District includes the following: (1) The scale and north point. Shown on survey. (2) Boundaries of the property to be developed. Shown on survey. (3) The names of the owners of the property and the individual or firm responsible for the preparation of the Preliminary Plan. Current Owner of the property and individual responsible for preparation of plan: Oakbrook Properties, L.LC., 320 Nishodse Blf, Jefferson City, MO 65101; and Jeff W. Schaeperkoetter, Managing Member of Oakbrook Properties, L.LC., with assistance from CMPS for topographic survey and Porter, Berendzen & Associates, P.C., Architects, for plat overlay (Site Study). (4) The existing zoning of the tract and the zoning of properties which are within 200 feet of the boundaries of the property. Current zoning of the property: PUD. The property to the north is also zoned PUD. The property immediately to the south and east is also zoned PUD. Across the railroad tracks to the southeast, across McCarty to the south and southwest, and across Bolivar to the west (and south of Wall Way) is zoned C-2. Across Bolivar to the west (and north of Wall Way) is zoned RA -2 and C-1. The State parking lot to the southeast on McCarty Is zoned C-3. (5) The location, type and size of structures, on properties within 200 feet of the boundaries of the property. To the south across McCarty Street are commercial structures of varying sizes. To the west across Bolivar Street are a mix of structures with commercial and residential uses. To the north across Wall Way, a public way, is the large fire station for Jefferson City. (6) Acreage of the property to be included in the Planned District. The total area of the property is 17,060.4 square feet, for an acreage of slightly less than 0.40 acres. (7) Existing contours on an interval of not more than five feet and not less than two feet. The Owner has engaged CMPS to produce a topographic survey with existing contours on intervals of one (1) foot. A copy of that survey is provided with this application. (8) The location and direction of drainage of all water courses and a drainage plan with sufficient information to indicate the intent of the owner. This site drains toward the south and southwest (toward the railroad right-of-way at the southern boundary of the property) and the existing stormwater drainage is in the Bolivar Street right-of-way at the southwest corner of the property. At the south of the property, a "bioswale" area of sufficient size and capacity will be constructed to allow for drainage of the initial 1.37" rain event for the 17,000 square feet area to be treated. (9) The location of existing and proposed sanitary sewers. Existing sanitary sewers are shown on the topographic survey. Oakbrook Properties, L.L.C. POD Application (600 Block of W. McCarty Street) (10) The proposed size, location, height, use and arrangement of all buildings except single family dwellings; the location and capacity of off-street parking areas, entrance and exit driveways and their relationship to existing and proposed streets; building lines; easements; common land and open space; and proposed streets, alleys and pedestrian ways. o Size, location and arrangement of buildings are shown on the plat overlay. The height of the buildings will not exceed that allowed by the City Code. o A driveway is currently located onto Bolivar Street near the intersection with McCarty Street. The driveway will be relocated to the north and farther away from the said intersection as shown on the plat overlay. A driveway at the rear of the building (to the northwest) will enter on to Wall Way as shown on the plat overlay. o Easements, streets, alleys and a pedestrian sidewalk are shown on the plat overlay. O Parking analysis (see separate Discussion attached): Coffee roastery-800 square feet (Mfg/production category) -Two employees - 2.2 spaces Office space -300 square feet -1 per 300 sq.ft. GFA-1 space Coffee shop (see below for proposal of parking requirement for this space) - 1,800 square feet plus 300 outdoor -9 spaces at 1 per 250 square feet. Short term rental -800 square feet -2 spaces (on -street parking permitted) Less "Old Town" allowance for on -street parking -5 spaces (based on frontage over 125 feet) In sum, 9.2 spaces off-street is required. In order to allow for the normal periods of higher customer traffic, an extra 5 spaces is considered adequate, for a total of 15 spaces as optimal. The attached site plan contains 19 spaces, and the plan will provide that those spaces will be larger than the minimum required by Ordinance. (11) Proposed landscaping and buffer zones. Shade trees will be provided as required (possible locations shown on the site study), and other landscaping on -site. No buffer zones are required. (12) Provide for the dedication of any right-of-way for the widening, extension or connection of major streets as shown in the Thoroughfare Plan. No dedication of any right-of-way is proposed as there are no impacts on street widths. (13) Establish the underlying zoning, mix of uses, density, layout, design and phasing of the proposed Planned Unit Development. Owner proposes a mix of uses which would include all uses permitted in C- 2 zones. No phasing of the Development is proposed. Other notes: 1. Off-street loading will comply with City Code. 2. Visual clear zones: Sight triangles are clear as shown on site study. 3. Setbacks: In view of the small size of the property, Owner requests that setback requirements be waived Oakbrook Properties, L.L.C. PUD Application (600 Block of W. McCarty Street) Other Notes (continued): 4. Signage: Signage will be compliant with the City's signage ordinance. The Owners anticipate a free-standing sign positioned along the South boundary of the property (shown on site study). 5. Lighting: Lighting for the Parking lot will be designed and placed in accordance with City requirements (proposed location shown on site study). 6. Fire Hydrants: Fire hydrants are currently located at the property and meet City requirements. Plan Approval: Commission Chairperson Date Director of Community Development Date Oakbrook Properties, LL.C. PUD Application (600 Block of W. McCarty Street) Note: Discussion for coffee shop parking requirement. The Owner's Redevelopment Contract with the Housing Authority required 2,500 square feet of floor space. In consideration of subsequent social distancing and spacing requirements suggested by public health officials, and the impact on inside seating for coffee shop purposes, the Owner and its prospective tenant have opted to increase the floor space of the coffee shop from 1,400 to 1,800 square feet. The larger size will seek to accommodate the expected customer usage with greater spacing between tables and seating areas. The City Code provides categories for parking requirement such as bar/tavern, smoking lounge and restaurant (all at 1 parking space for 100 square feet of gross floor area), general retail (1 per 250), and low volume retail (1 per 500). The Code also provides: "The Director shall determine the parking requirement for uses which do not correspond to the categories listed in Exhibit 35-58A. In such instances, the applicant shall provide adequate information by which the proposal can be reviewed." The Owner proposes that the general retail category be applied, or, in the alternative, that the Director determine that the coffee shop use does not correspond to the categories listed in the Code, and that 1 parking space per 250 square feet be required. The following information is provided to support the alternative requests: Type of uses: Coffee shop for consumption of coffee, other drink and limited food items, retail sales of bag coffee and other items, area for preparation of items available for consumption on -site, with amenities on -site such as restrooms and areas for viewing. Number of employees: Two service employees at higher volume times. Building design capacity: To be determined. Square feet of sales area, service area, etc.: Seating (800), Sales/ordering (300), handicapped accessible restrooms (200), kitchen/preparation (500). Parking spaces proposed on -site: 17 per site study, but may have to be adjusted depending on set- back, loading zones and other contingencies. Parking spaces provided elsewhere: 5 on -street parking spaces. State parking lot within 200 feet. Hours of operation: Generally, 6 a.m. to 5 p.m. daily (currently not open Sunday), may be expanded. 1•\ + l ti'tiy ..n.r • sITF I.1X'rrroN .11Ar y • C.• • t�l i.rf . I RR IIII. I I"!5••• . .09 OAKI-ILOOK PROPERTIES, LLC PARKING A SPACES STUDY FOIL: SITE STUDY irra,. a.rrrirra s.1.3 -o(140, C. 0.40 ACRE SITE JEFFERSON CITY, MISSOURI SGAL i^ n 3p,_o. I•UHT IK , RUKUND'CUN dt ASSOCIATES- AISL'1i{i owls A9nl.AND. missal/RI }uI.Y 2'711 Pa�arExY PA reP wenn maw PCYX PAT* leP .0N C 4I[IGT Cq GCYP2L J1T'i1f LG`1 -51ORY COFFEE - I -O: P_ I-FYI?I. -: 07- 0'i.•,'; sE _ IPFei: LE VEL Y�LC. t' • t]•a- iG•.Jt LavE1 STUDY FOR BUILDING STUDY OAKBROOK PROPERT1tS, LLC 040 ACRE SIT E JEFFERSON CITY, MISSOURI —JJ' 4Y YO 5C -ALE. I" II •••_:i Lu tA'•70%. 3.„t@ P. 0 re• , �• PQRTW , RHRRNI)7.U N A A55LT['IA'rI • AR{;IIIU l f4 ASHLAND, MISSOURI JULY ;v.o Three Story Coffee Summary of timeline and correspondence Page Preliminary PUD Plan — submittal, staff review, P&Z Review, City Council approval. 1-2 July 13 — 30, 2020 Email chain re: PUD site plan pre -submittal 3-5 August 4, 2020 Pre -development meeting with property owner. (see attached staff notes and visuals from meeting) 6 August 10, 2020 Email re: application submittal and pre -submittal fire department discussions 7-11 September 4-13, 2020 Email chain re: staff comments on PUD Plan in advance of P&Z meeting, including reference to Fire department comments, and response by owner. 12 September 14, 2020 Email with revised site PUD plan. September 16, 2020 P&Z Commission Meeting. Recommendation for approval of Preliminary PUD Plan. 13-17 October 16-22, 2020 Email chain between applicant and Law Department re: incorporation of alley parking and use restrictions into PUD Council Bill. October 19, 2020 Approval of Preliminary PUD Plan by City Council, via substitute bill incorporating alley parking and use restrictions. Page Final PUD Plan — submittal, staff review, staff approval April 5, 2021 Submittal of Final PUD Plan by Central Missouri Professional Services. The plan showed installation of head in parking off of alley. 18 April 8, 2021 Correspondence from CMPS to Planning Division RE: telephone discussion and FD/Owner Coordination April 9, 2021 Internal city staff meeting (Fire Dept, Law Dept, Planning Dept) regarding Final PUD Plan submittal. 19 April 9, 2021 Correspondence from CMPS to Planning Division RE: revised site plan sheet. April 9, 2021 Submittal of revised Final PUD Plan by CMPS 20-21 May 6, 2021 Staff comments to CMPS regarding Final PUD Plan. June 21, 2021 Revised Final PUD Plan submitted by CMPS July 9, 2021 Approval of Final PUD Plan by staff. Page Tract Division of Neighboring Railroad Property — submittal, staff review, staff approval 22 June 23-24, 2021 Email chain re: Tract division (Union Pacific property) review status. 23-25 July 15, 2021 Email chain re: Tract division comments by staff. September, 2021 Submittal of signed document, approval, and recording of tract division Page Rear Parking Area — correspondence and meetings between staff and owner 26-27 May 16-18, 2022 Email chain re: parking lot installation (not according to plan) and response by owner 28-29 May 25 -June 5, 2022 Email chain re: Meeting between owner and Fire Department regarding parking. May 31, 2022 Meeting held between owner and Fire Department. 30 June 3, 2022 Email to Planning division re: meeting between owner and fire department and sign permit question. 31-33 June 5, 2022 Email chain re: meeting between owner and fire department and fire department response. 34-35 June 27, 2022 Planning Staff inquiry on owners plans and response. 36-37 June 28, 2022 Email re: Temporary Certificate of Occupancy issuance Temporary CO attached, issued with conditions on bringing the parking into conformance Page Amended PUD Plan — application submittal, P&Z review, City Council decision 38-39 July 7-11, 2022 Email chain re: Request PUD amendment be deemed a "minor amendment", and response by Planning Division Staff. August 11, 2022 Planning and Zoning Commission meeting. Recommendation for approval subject to conditions. 40-41 August 24-29, 2022 Email chain re: Staff recommendation to City Council post P&Z meeting. September 6/19 Introduction / Public hearing at City Council. Bill failed on a 5/5 vote. ---Original Message — From: Jeff <jwschae@hotmail.com> Sent: Thursday, July 30, 2020 2:09 PM To: Zollinger, Ian <IZollinger@jeffcitymo.org> Cc: Wade, Shane <SWade@jeffcitymo.org>; Barron, Eric <EBarron@jeffcitymo.org>; Vande Voorde, Dan <DVandeVoorde@jeffcitymo.org>; Nanoski, Ahnna <ANanoski@jeffcitymo.org> Subject: Re: PUD Information Tuesday will work for me. Sent from my iPhone > On Jul 30, 2020, at 1:52 PM, Zollinger, Ian <IZollinger@jeffcitymo.org> wrote: >Jeff, > Tuesday would work better with City Staff and the availability of appropriately sized rooms. Please let me know if that does not work. I will send this around to those who review plans and we will have some preliminary comments prepared for you at that time. > From: Jeff [mailto:jwschae@hotmail.com] > Sent: Thursday, July 30, 2020 1:21 PM > To: Zollinger, Ian > Cc: Tony Anderson; Scott > Subject: Re: PUD Information > Ian: I am attaching a draft of the narrative that will accompany the actual PUD application, which I have printed off from the City's website, and hope to be able to submit to you by the August 10 deadline for consideration by the P & Z. > I am also going to forward to you the site study prepared by the Berendzen firm, which shows an overlay of the topo survey prepared by CMPS and the proposed location and size of the building and parking areas. I also have the oversized version of the survey itself, which I will provide with the application. If you need to see it in advance, please let me know. > I would like to have the opportunity to visit with you about this and discuss its contents and any thoughts you may. have. Monday would be good for me, about anytime. Please let me know what would work for you. > Jeff Schaeperkoetter > Oakbrook Properties, L.L.C. > [X] > From: Zollinger, Ian > <IZollinger@jeffcitymo.org<mailto:IZollinger@jeffcitymo.org» > Sent: Monday, July 13, 2020 3:57 PM > To: jwschae@hotmail.com<mailto:jwschae@hotmail.com> > <jwschae@hotmail.com<mailto:jwschae@hotmail.com» > Subject: PUD Information Coorespondence/Timeline Packet Page 1 > > The site plan should show the property boundaries, it should show the location of the building in relation to the property lines and other buildings if there are any. Parking stalls and widths of driveways. The plan should be to scale. > > If you have any more questions please let me know and like I said we can meet to go over what you have. I am confident that we can get you to a place where we can bring it to the Planning and Zoning Commission. > > Ian Zollinger > Planner > Department of Planning & Protective Services City of Jefferson > 320 E. McCarty St. > Jefferson City, MO 65101 > Direct Phone - 573-634-6313 > Fax - 573-634-6457 > > > <meeting.ics> Coorespondence/Timeline Packet Page 2 P mvE «- y- 11, o -Z. 4 t" i/lIc ‘0 3-sA3vs c4Q1Cree vavek 1/0&24 y$ W6 d c i );(44-t� Ih ./ aka / ,p A-7,4 #9( !'.e er6 a//eY. 444‘,1A AAed tz-ale-• - °>1-41- A5 y071ja 04V7e4r 0n ‘41'114-1÷, --01 -s� - -4e//ay cae Coorespondence/Timefine Packet Page 3 iJ • 1an . 1 t r meth . It $UT 1.e lf I .•... 1•w . b. I • • 411 . •I Pt2OP O5E D BUII. DIN!n R tulnt�ti,. •II r_' lnkrl 121 STUDY FOR: SITE STUDY (FOR IEFr SCHAEPERKOTTER) hl46 Nmlir4 ArmixtI, T.C . 0.40 ACRE SITE JEFFERSON CITY, MISSOURI PORT , uLIRENDZBN 3 ASSOCIATMI ,ARC:IIrEcrs ASHLAND, MISSOURI JULY:OM Ilia/017/0 hero COME MOP PA119 D1 C 1 DC� Lp!lGTOR 9-STDRY COPPEE - LQVIt'_a LI VEI_ 8-5TOIxY COFFEE » UPPAR I.I Vf:L F�A1 N. N . IR'•o• 1 Lt':.'J3 1 WM. AAu•,. W140 El'. L'.ALC. 1• • PT -0• 1"FCR MM. ARCA. tam 9Y. STUDY FOR: BUILDING STUDY (FOR JEFF SCHAEPERKOTTER) 0.40 ACRE SITE JEFFERSON CITY, MISSOURI SCALE. I' P 15'-O' PwNI. 01111.1.1C11 it MWIl11n, P.C. PORTER , BEIRQNDSRN & ASSOCIATES • ARCN1TI1CTS ASHLAND, MISSOURI JULY 2020 From: Jeff <jwschae@hotmail.com> Sent: Monday, August 10, 2020 8:13 AM To: Zollinger, Ian <IZollinger@jeffcitymo.org> Cc: Barron, Eric <EBarron@jeffcitymo.org>; Sarah Anderson <threestoryoffice@gmail.com>; Tony Anderson <threestorycoffee@gmail.com> Subject: PUD Application lan: I will be bringing in the application package first thing this morning. Please let me know if there are concerns that I need to deal with. There are some minor revisions in the drawings to that back parking area and the driveway onto Bolivar (and trees. lights and signs), and I did share the revised drawing with Chief Turner because of the fire department's concerns that he expressed. I also made some slight revisions to other areas of the attachment, including putting an "optimum" number of parking spaces outside of any mathematical calculation. Thank you for the meeting the other day. Jeff CoorespondenceMmeline Packet Page 6 From: Jeff <jwschae@hotmail.com> Sent: Sunday, September 13, 2020 9:43 PM To: Wade, Shane <SWade@jeffcitymo.org> Cc: Barron, Eric <EBarron@jeffcitymo.org>; Zollinger, Ian <IZollinger@jeffcitymo.org>; Nanoski, Ahnna <ANanoski@jeffcitymo.org>; Bange, David <DBange@jeffcitymo.org>; Fontana, Don <DFontana@jeffcitymo.org>; Bonnot, Len <LBonnot@jeffcitymo.org>; Turner, Jason <JTurner@jeffcitymo.org> Subject: Re: Coffee Shop B n B Prelim PUD, Bolivar Street @ West McCarty Street, Engineering Division P & Z Review Comments Mark-up, 1st Review Shane: I hope to be getting to you and the others, before noon today, new pdfs. I was able to get the pdfs enlarged and changed to show (1) some of the notes in the margin as requested in your mark-up, (2) labeling changes to the "Site Study" as you requested, along with the approval signature and date area, which I omitted from the original application, and (3) the dimensions of the building and parking spaces and lanes in a more readable fashion. I also delivered to your office on Friday the full-size survey by CMPS which shows utility locations and survey detail. I would like to incorporate the Commission's "Location Map" into the application to reflect the zoning of the adjacent parcels, which was noted in a narrative fashion in the application. That map also shows the nature of the adjoining buildings in a better fashion than I could do (other than in the narrative notes), but I would be happy to supplement the application with photographs that I could -e-mail to you as early as Tuesday morning, if you or other staff feel that the Commission members may need to see those photographs. I would note that a couple of the mark-up notes were not addressed further than the commentary and notes provided in narrative fashion with my application. For instance, there is no driveway currently considered at the east side of the proposed building. Of course, if that changes, appropriate steps will be taken to protect the building with bollards or the like. As to drainage, the bioswale will require engineering/landscape architect work, but my research indicates that there is ample space to provide a bioswale area that will meet the City's requirements. I did not undertake to show the visual clear zones, and do not see an issue there, and the final plan can depict those with more accuracy. I will have the new pdfs in shape to send to you and the others on this chain before noon tomorrow, but I wanted you and the others to have this e-mail first thing in the morning, so am sending this without the new pdfs now. Please call me at 573-301=7514 if you or any of the others have any questions. Jeff From: Jeff <jwschae@hotmail.com> Sent: Friday, September 11, 2020 9:48 AM Coorespondenceffimeline Packet Page 7 To: Wade, Shane <SWade@ieffcitymo.orp> Cc Barron, Eric <EBarron@ieffcitvmo.org ; Zollinger, Ian <1Zollineer@ieffcitymo.orp; Nanoski, Ahnna <ANanoski@ieffcitymo.orp ; Bange, David <DBanee@ieffcitymo.org; Fontana, Don <DFontana@ieffcitymo.org>; Bonnot, Len <LBonnotPieffcitymo.orp; Turner, Jason <JTurner )jeffcitymo.or' Subject: Re: Coffee Shop B n B Prelim PUD, BoCivar Street @ West McCarty Street, Engineering Division P & Z Review Comments Mark-up, lst Review Shane: Thanks for your e-mail. Sony I did not get it until you re -sent it yesterday, as it went to my junk mail and I was not able to access that from my phone which seems weird to me! I have contacted PBA Architects this morning about doing slightly larger versions without the pixillation issues and adding some information. 1 may be hearing something back from them as early as today. 1 do have a large version of the original survey that 1 will drop off at your office this morning. That should be helpful on the legibility and the topographical lines. I did note that CMPS did the "topo" on one -foot intervals, which is not, of course, and unfortunately, "not Tess than two" as required by the Plan ordinance. That was done because, as you might expect, the grading of the lot will be a critical feature of our building and parking plans there. I have talked with the fire department about the parking adjacent to the alley. There will need to be a retaining wall and the parking will be lower than alley level, and we will follow all survey lines in the completion of the project, and we will make every reasonable effort to reduce the impact on the fire department's operational requirements. We will be good neighbors. 1 am planning on showing some of the details like the drainage on the final plan, and avoiding existing infrastructure will obviously be engineered and planned. The visual clear zone at the driveways, while i think clearly not an issue with the placement of the building, could also be shown then. My understanding is that 1 cannot commence construction until the Final Plan is filed, and things like bollards, retaining walls, sewer connections and the like may be more clearly plannable with the building design done. In addition, we have not yet identified the size and type of structure for the signage, and I have thought that a separate permit was required for that, and the PUD application only needed to show sign location(s). Just for my own clarification, the "Location Map" that accompanied the city's notices depicts the adjacent zoning and the type and size of the adjacent structures. Will you need more information than that? I could provide pictures of the structures in that area as an addendum. As you mentioned, I provided some of the information in the written commentary. I noticed on some of the previous PUD submissions by other developers that those were simply in narrative form on the survey plan itself. Thank you again for your contact. i will be as diligent as I can to get you the information quickly. We obviously want the City's staff to be able recommend approval to the Commission, and will do our best to enable that to happen. Please understand as we move forward that my wife and I are trying to avoid unnecessary expense at this stage of the re -development. We take that approach because we realize that either the P & Z Commission or City Council could delay or derail our redevelopment. Be assured that we will undertake any reasonable expense after preliminary plan approval to complete the redevelopment project and protect our investment in the real estate itself. Jeff Packet Page 8 From: Wade, Shane <SWade@jeffcitymo.oree> Sent: Friday, September 4, 2020 10:19 AM To: 'jwschae@hotmail.com' <jwschae@hotmail_corn> Cc: Barron, Eric <EBarron@leffcitvmo.orpp.; Zallinger, Ian <IZollinger@ieffcitymo.org>; Nanoski, Ahnna <ANanoski@jeffcitymo.org>; Bange, David <DBange@jeffcitymo.org>; Fontana, Don <DFontana@jeffcitymo.org>; Bonnot, Len <LBonnot@jeffcitvmo.org>; Turner, Jason <JTurner@jeffcitvmo.or > Subject: Coffee Shop B n B Prelim PUD, Bolivar Street @ West McCarty Street, Engineering Division P & Z Review Comments Mark-up, 1st Review Jeff - Please find attached our review comments mark-up regarding the preliminary PUD for the Coffee Shop/ B & B at the corner of Bolivar Street and West McCarty Street. It is really hard to read any important information regarding the topo/ survey in the background from this plan. It contains a lot of the information (utilities, sewer, curb/ sidewalk etc.) that we look aver. I don't know if it was shaded too much, or the scan pixel size makes it difficult to read, either way we need a better plan. Full size plans for the resubmittal would be very helpful once the pixilation/ shading issue is resolved. With the comments attached, 1 have tried to reference the number of the specific comment in the checklist that it refers back to. Some of the information is contained in the narrative of the application, but needs to really be information contained on the preliminary PUD plan as well. The Fire Department is requesting some type of physical barrier/ i.e. curbing, island, bollards, landscaping and/ or combination thereof for the parking next to the alleyway. This will need to occur on the property, not the alley' ."ay. We want to ensure that encroachment of parking does not interfere with the alley property in any way. Please refer to the attached mark-up for more specific location/ information. We will need to prepare our Staff Reports for the meeting next week, so if we could have a resubmittal of the revised drawing(s) as soon as possible next week, it would be beneficial. Our goal would be to write our staff reports without having to address the comments contained within this review comments mark-up for the site plan in order to recommend approval of the plan. I believe most of the comments should be straight forward, but let me know if you need any clarification (s). Thanks. Shane Wade Shane Wade, P.E. Plan Review and Development Engineer City of Jefferson Dept. of Public Works Engineering Division 573.634.6449 0 573.634.6457 F swade@ieffcitvmo.o g Coorespondencerrimekne Packet Page 9 vg7- approval. d A Concept Ran application and submittal shall be reviewed based an criteria estatishert in Sedicn 35-2.7 as v .fl as Iha criteria for zoning charges. Section 35-74.8.4. and the criteria far a Preliminary Plan n Section 35-74.0.3. e. The Ptarn fig and Zoning Commission shall approve. corgi diceraby approve or deny apprceed o(at[ appacations far a Concept Plan. 3. PUD Preliminary Plan. a. A PUD Preliminary Phan constitutes a major step in the review process. A rezoaunn app(Caticn strati be submitted with the PUD Preilininary Plan app Cation- The a ccpted'dsign" dens ityindizeated in (ho Concept Plan approval cannot ho presumed as a matter perim N -ct-vsay shall be dedicated at the time the Preliminary Plan is appso. d rrcjtit tram the PUD zoning dreignation, but shall be yustified at the preliminary stage through site and stn cure &sign. The Council may limit the density one or any portion of a PUT) if it detennxnes brat the design falls to ful9l the purposes of this Ordnance and Section. b. A:ppt: alien requirements and processing pro: exhrres shaft con-rlywith thaw descried in Section 35-70 and Section 35-71, with the following rrio ns: (t) if the PUD Preliminary Plan proposes multiple phases. sperdre densities shall be assigned to cad] phase. Density nit each ptelimiriarf phase shat be justified by specific design. Densly from one phrase may he shifted to ancffter phase subject to Council approval The Council. in approving the PUD Prelim asap Plan- may condoet the first reading a' the rezoning ordinance for the area described in the PUO Preiirinary Plan. (2) If a PUD Preliminary Nan is approved. tine app€'ra:at shall submit. a Finat PUO Ptan and Sublvision Plat application in accordance with the approved deiectopment sct'.edule. (3) The Cty may requke that a hom€ewner assor t rn a corporation >;e created to maintain and administer he project's lards cr facet:res. Articles a( Incorporation and Restrictive Covenants shall be recorded at. or poor to. the recording of the Phial P110 Plan aid ?fat The Ftomea,nrers Association shall be required to maintain all common spaoe in reasonable order and coadilioi on a timely. caesatent basis c. The Preliminary flan for the Flannel Unit Development District shall sheer. '4., The scale and north point_ iw ; .ii ft� r �sv . Y C Boundaries of lle property to be deve'.aped.- Pr,i is ., ,� P AY" Al 1. Y (t The names of lice owners of the property and the individual a firm tespcnsrfb e for tit_ preparation of the Pneeeninaty Phan_ The existing zoning of the tract and the zoning of properties which are within 200 feet of the boundaries of the prep erty. — Pio • de v r p IA 4‘...• • The to;ation, type and size of structure.., on propels within 200 feet of the boundaries a the property_ — P o ,. i'dc. a n F. 121. . Acreage of the property to be included in the Planned District Existing centaurs cn an interval of not mare than five feet and no! less than t ea feet. 4 - The tocaticrt and diection of draleaae of alt wafter courses and a drainage tan with el eee S sufficient information to itelcate the intent e the owner- eel p fns . The location of existing and proposed sanitary severs- ►s,Arr✓c "p • The proposed size. tacation, height. use and arrangement cf ah buildings except sing`e- famrty dwellings; the beetle rt and raps; dr of off-street parting areas, entrance and exit driveways and their roletianship to existing and proposed streets: butdiag mss; easements; common land and open space; and proposed streets. alleys and pedestrian ware - Proposed lands ping and buffer zones.-- S e C n o plc f' o -, fe l•. ti "nr...'- - ..P . Provide for the &di,:a;ioa of any right-of-way for the widening. extension a cannectitxr of major sweets as sheen in the Thoroughfare Plan. Date and signahere fines for execution by the Commission Chairman and theppuec(ar el Conrrrunrty ©evetcpmert to sfvw the date of Plan approval. -- p r: - r1[ o e /3 f a d. A PUD Preliminary Plan shalt (1) Comply with the criteria established in Section 35.27. as wee as the rrderia for rezoning. Section 35-74.B.4 arid Preftrninery Plat approval in the Subdivision Code. (2) Comply with the approved Concept Plan, if applicable; and (3) Establish the underlying zoning, mac of uses, densely, layout. design and phasing of the proposed Planned Unit Development. e. The Planning and Zoning Corrinissinn shaft review the apps=alien at a public hearing in conformance with Section 35-70 and shalt make recommendations to the Cow ciL The Councii LSE s t / •' i C (14, b 67 Ce 540e/ B 13 9/3 JZ b 1-34.4 wy Ont Coorespondenceflimeiine Packet Page 10 �F • 1. C -- ly�l•Ri i7,r f.��jli 'Olt IV40. 1y 4Y� J,4 lR�.7 ) ; ;� i VIflt:YJi-. •f' I -.,l, ,S., {11 � .��' 1,1Li �I jl�llrl '. !. 1. 04,1,11\ •4 IU Op 7t' 1 �,'37J J{u ajy�lrJ" 3:� 1 I �,r,+tlL4i I`4 f a�i:;o ,J,nl ill I:43 fi,1t A 1111 I 11:,C,;!• -.,o, ',ANY ISII• r f �5 \I '. I111151t� • , 11 ti 1 :11AvA' \' >C. ,11414 tI,111111111 II . _ ,' 1i1, S,_ j ~v ktk'; -.11,4 V. 1* 13 - .id ,c 1.nom• •,r 70. +6 4,1. 0 i } +y= 1111 n,i jt� fl,1�.11�� �y'11:j �rr.,y� I1t-'— 1 `j , " ,. '! , r I.' ) 11111111: R 1 1.l I I'I Ii}II.1.Nlhi( lliit 71f311}I11 1r1 .:1 .VI (2T 3 .4tl,.W�1i. ::.• t.: 1, } �,7� ualyfr711 1 1 1 'rrta:��i 1 I i1SF .-,1«p1 / -.• 1 r1 - I T),1.,,),'"),,, , 1ry Y011 10 r 4� ::::" AVY -..1,..vji7-' I4ll'it/j+:5 ,.v�; w*ul rr iv!, f141'l �`;t�t�y S� ; .1 I,) 14. i1 I; 11)1lin WO 14t1 -A--(1 I t •1;1•3-1-1-440 f,t r--- i f4llrtl S,iiG Lfi From: Jeff <jwschae@ hotma il.com> Sent_ Monday, September 14, 2020 10:22 AM To: Wade, Shane <SWade@jeffc€tymo_org> Cc: Zof€finger; fan <IZollinger@jeffcitymo.org>; Barron, Eric <EBarron@ jeffcitymo.org>; Nanoski, Ahnna <ANanoski@ jeffcitymo.org> Subject: Fwd: Three Story Coffee - Site Plan & Floor Plan Shane: The amended PDFs are attached. I am away from my computer and on my phone and only could cc Eric, tan and Ahnna from my phone. Could you forward to the others on your end? And confirm receipt? if you print these on 11 x 17, they are more legible, although the scale changes on one of them, I think. I do have them printed already, but won't be back in JC until tomorrow to drop them off with Ellen. I will get you an 11 x 17 of each in the morning. Please let me know if the attachments do not come through or if anyone has questions. My number is 4-15733017514. Jeff Sent from my iPhone Begin forwarded message: From: 'Scott Schaeperkoetter" <ScottPsignaturehomesjc.com> To: "Jeff Schaeperkoetter" <jwschae@hotmail.com> Subject: Three Story Coffee - Site Plan & Floor Plan - with logo Scott Schaeperkoetter Signature Homes Inc. - Owner scott4signaturehomesic.com (573) 690-4377 -Cell (573) 761-3898 — Fax 7..••••••• a1 .'1,.»11 :vu rur.: rrunr . ......1••:.1111, O. r�'•�iaria .I� Zfaar• ��T~.�� Coorespanclencellimeline Packet Page 12 From: Jeff <jwschae@hotmail.com> Sent: Thursday, October 22, 2020 10:59 AM To: Moehlman, Ryan <RMoehlman@jeffcitymo.org> Cc: Barron, Eric <EBarron@jeffcitymo.org>; Schofield, Matt <M5chofield@jeffcitymo_org>; Turner, Jason <1Turner@jeffcitymo.org>; Graham, Carlos <CGraham@jeffcitymo.org> Subject: Re: Bolivar & McCarty PUD Thank you, Ryan, and the whole group for helping to get this to the finish line before the Council on Monday evening. Jeff From: Moehlman, Ryan <RMoehlman@jeffcitymo.org> Sent: Monday, October 19, 2020 3:31 PM To: 'Jeff' <jwschaeihotmaiLcom> Cc: Barron, Eric <EBarron@jeffcitymo.orj>; Schofield, Matt <MSchofield@jeffcityrno.org>; Turner, Jason <JTurner@jeffcitymo.ore>; Graham, Carlos <CGraham r@jeffcitvmo.ore> Subject: RE: Bolivar & McCarty PUD Sounds good_ I ll draw it up. du; \. \l,,rh€i31: . t R�inzhlmanrt ieficiivmo.ora From: Jeff [mailto:iwschae@hotmal$.com] Sent: Monday, October 19, 2020 10:40 AM To: Moehlman, Ryan Cc: Barron, Eric; Schofield, Matt; Turner, Jason; Graham, Carlos Subject Re: Bolivar & McCarty PUD Ryan: I am okay with removing the new language about the alley if # 3 in the second list is removed and the rest renumbered. Jeff Sent from my iPhone On Oct 19, 2020, at 8:26 AM, Moehlman, Ryan <RMoehlman(cc.ieffcitvmo.om> wrote: Mr Schaeperkoetter: This language is acceptable to me, except for the first long addition in red. 1 do not know the history of the alley, but if part of the pavement has been on the property long enough, then that pavement may have become part of the public right of way by prescriptive use. lithe remainder of the language is sufficient for you, then I will draft a bill amendment. If this needs further discussion, then 1 suggest that the bill sponsor should place the bill on the informal calendar until the November meeting so we have more time to discuss. 1 will run this by planning and fire staff and the bill sponsor. Coorespondencemmeline Packet Page 13 Thank you. -Ryan Sean t'rr.m nn Sprint Sarnsttnu CraIa. S 1(1. Original message ---- From: Jeff <jwschae@hotmail.corn> Date: 10/18/20 9:15 PM (GMT -06:00) To: "Moehlman, Ryan" <RMoehlmanajeffcitymo.org> Cc: "Barron, Eric" <EBarronlajeffcitvmo.ore>, "Schofield, Matt" <MSchofield(rr .jeffcitvmo.org>,'Turner. Jason" <JTurner(aiieffcitymo.ora>, "Graham, Carlos" <CGrahamn,jeffcitvmo.org> Subject: Re: Bolivar & McCarty PUD Ryan: In the absence of a response to my Friday evening e-mail, I thought I should get this to you before the weekend was over. Your proposed language leaves way too many questions unanswered, which I set forth in the preceding e-mail, so I undertook to resolve those issues with the following. Your altered language is in black, my new language is in red. The public alleyway known as "W. Wall Way" (the "alleyway") shall be designated as no parking" from the intersection of the alleyway and Bolivar St. to the eastern property line of the subject property. The alleyway is currently, and has been, at all times previous since its dedication as a public way in the City of Jefferson, available for the unfettered use of the general public, as well as the owners of property on both sides of the alleyway, subject only to the traffic code of the City of Jefferson. The paved portion of the alleyway may currently encroach upon the subject property_ To the extent that a mutually agreed -upon survey of the subject property's north property line reveals such an encroachment, the City will remove such pavement and relocate the paving within the alleyway or allow the developer to remove the pavement. The alleyway shall not be used in the operations of any commercial or residential use on the subject property in that no owner or occupant of the subject property shall suggest, encourage, or, with knowledge, allow or permit vendors, customers, tenants, or invitees to park, idle, or block the alleyway at any time. Nothing in this paragraph shall be construed (1) to prohibit the use of the alleyway for general vehicular or pedestrian access to the parking lot on the subject property which is directly adjacent to the alleyway; (2) to prohibit ingress and egress along any point of the alleyway adjacent to the subject property; (3) to prohibit the unfettered use of the alleyway by the City of Jefferson, as long as it remains a public way; (it) to prohibit the owner or occupant from trash service pickup along the alleyway; or (5) to criminalize or otherwise force any vehicular user to not comply with any traffic regulations of the City of Jefferson, such as stopping at stop signs or yielding to pedestrians. Neither shall this provision require the owner or occupant of the subject property to enforce the parking, idling, or blocking restriction in any way other than making a reasonable effort to obtain voluntary compliance and, if unsuccessful, reporting the suspected violation to the City of Jefferson for either police or towing action. We will be on the road first thing in the morning to come home and will have time in the morning to take a call on the road or to come in and discuss this in the afternoon. Perhaps Chief Schofield or Chief Turner could meet with us as well Jeff CooresponderceiTirnetine Packet Page 14 From: Jeff <iwschae@hotmail.com> Sent: Friday, October 16, 2020 8:06 PM To: Moehlman, Ryan <RMoehlman@jeffcitymo.org> Cc: Barron, Eric <EBarron@jeffcitymo.org>; Schafrekf, Matt <MSchofield@leffcitymo.org>; Turner, Jason <JTurner@jeffcitymo.org>; Graham, Carlos <CGrahamfn]jeffcitymo_org> Subject: Re: Bolivar & McCarty PUD Ryan: Thanks for the modifications. The "allow or permit" language is a bit of a trap. What is the "affirmative requirement on the business?" if the no parking sign is not sufficient to keep people from parking there, will we need to put up a sign that says, "Please obey the no parking signs" or, if there is a violator, prove that it was not a vendor, customer, tenant or invitee of the business? 1 totally get the fire department's need to keep its access unfettered. However, it remains a public way of the city, over which we have no control. Will we be expected to enforce the no parking sign? Is the city considering additional signage, such as "No Through Street", to discourage the random access to the alley? Or, perhaps, "Violators will be towed at own expense." Maybe rather than "allow or permit", the phrase "suggest or encourage" would more accurately describe our obligation. Or, "with knowledge of the blocking, allow or permit." Maybe 1 am making a mountain out of a molehill. But if the burden and penalty for illegal parking on a public way falls on the owner, the owner's responsibility needs to be clearly set forth. And the City must meet its burden of adequate signage, active enforcement and response to complaints, and adequate width of the alley itself. Otherwise, the penalty or punishment {presumably not "essentially small fines") is left totally to the city. Revocation of a business license? Public censure? I still believe that the phrase "in that no owner or occupant of the subject property shall allow or permit vendors, customers, tenants, or invitees to park, idle, or block the alleyway at any time" should be omitted in its entirety from the proposed substitute. To fail to do so exposes the development to an unreasonable risk of violation. The remaining language adequately requires us to constrain our operations to the limits of our property, which we are and will be committed to, Coincidentally, your current proposed language would apply to trash service by its very terms, notwithstanding the elimination of the previous trash service limitation. Jeff From: Moehlman, Ryan <RMoehlman@ieffcitvmo.org> Sent: Friday, October 16, 2020 4:48 PM To: 'Jeff' cjwschae@hotmail.com> Cc: Barron, Eric <EBarron@ieffcitymo.org>; Schofield, Matt <MSchofield@jeffcitymo.org>; Turner, Jason <JTurner(E jeffcitymo.org>; Graham, Carlos <CGraham@jeffcitvmo.ore> Subject: RE: Bolivar & McCarty PUD I appreciate your comments and have narrowed some of the language accordingly. I must keep some language imposing an affirmative requirement on the business to help keep customers, vendors, etc from parking in the alley. The fire department believes that this is important enough that the punishments of the parking code {essentially small fines) are not enough to effectively prevent the behavior that needs to be avoided. Coorespondencefrimeline Packet Page 15 I have verified the location of Station 1's dumpster and removed the restriction on trash service. The amended language is as follows: The public alleyway known as "W. Wall Way" (the "alleyway") shall be designated as "no parking" from the intersection of the alleyway and Bolivar St. to the eastern property line of the. subject property_ The alleyway shall not be used in the operations of any commercial or residentialuse on the subject property in that no owner or occupant of the subject property shall allow or permit vendors, customers, tenants, or invitees to park, idle, or block the alleyway at any time_ Nothing in this paragraph shalt be construed to prohibit the use of the alleyway for general vehicular or pedestrian access to the parking lot on the subject property which is directly adjacent to the alleyway. Thanks. :hlm:w. Cis: lttvrrt_. RNIo�hlnrsmii icHcU mo.or�� From: Jeff [maiito:iwschaei hotmail.com] Sent: Friday, October 16, 2020 4:01 PM To: Moehlman, Ryan Cc: Barron, Eric; Schofield, Matt; Turner, Jason; Graham, Carlos Subject: Re: Bolivar & McCarty PUD Ryan: Thanks for your note. As you know, I am out of state and in a location where wi-fi access is sketchy. t will return Monday in time for the council meeting, but the late arrival of this issue may limit my ability to respond. My ability to talk with others by phone is very limited. This issue, though, was the subject of a meeting I had with Chief Turner prior to the P & Z meeting. I assured Chief Turner that we would take all possible steps to ensure the accessibility of the alleyway. We reduced the size of the back parking area specifically because we thought Chief Turner's expressed concerns were appropriate from the fire department's perspective. And, while I have no problems with the intent of this suggested language, it may go further that is required. For instance, I have noted that the fire station's trash container is located down this same alley. I assume without really knowing that the trash container is accessed by the trash company down that alley. If that is the case, presumably the trash company would make both pickups on the same trip. Would the fire department consider allowing our location to use its currently -existing trash containers or locate our trash container next to yours? If not, the language would require us to locate the trash containers at the front of the building, which is neither aesthetically nor o[factorily desirable. We do not intend to use the alley for operational purposes. I should note, however, that the surveyed property line indicates that about 4 of the alley's current paved surface actually encroaches on our property. That part of the surface will need to be removed for placement of the retaining wall along that boundary line. The "or other obstruction" seems a little vague to my lawyerly mind. Frankly, the provisions of the City Code in Art. 1, Section 22, seem to adequately control the parking on a public way. If the only purpose of the new language is to make the developer and the located business subject to penalty or required for enforcement, then 1 would propose the following alternative language, which shows your original proposed language, with lined - through portions: coorespondence/Time1ine Packet Page 16 h! 6 11 h.. �11...,�rl -.t z •, t�rr.�, '� �i��ar�frE��I+Flg�-ts,� p, a�c�t�e;-��tftrEtto-r� i ae- - . (the "alleyway") from the int scctioR-9f tt e - rre ..d awl;. . cr rr he st. eFt-y li a—tbe bjeet prje4y. The alleyway shall not be used in the operations of any commercial or residential use on the subject property, including that- osvr> t rmit vendors, customers, tenants, or invitees to park, idle, ieel c^r e-^eias'tcr"vet-t-he-a- �r ri.,,e. Solid Waste pick up services rl -t permitted to use he public alleyway to prev:de such services- Nothing in this paragraph shall be construed to prohibit the use of the alleyway for general vehicular or pedestrian access to the parking lot located on the northeast (northwest) side of the subject property. Let me know your thoughts. Jeff From: Moehlman, Ryan <RMoehlman@jeffcitymo.ora> Sent: Friday, October 16, 2020 1133 AM To: 'Jeff' <jwschae@hotmail.corn> Cc: Barron, Eric<EBarron@jeffcitvmo.or ; Schofield, Matt <MSchofield@jeffcitymo.ore>; Turner, Jason <JTurner@jeffcitymo.org>; Graham, Carlos <CGrahamP ieffcitvmo.org> Subject: Bolivar & McCarty PUD Mr. Schaeperkoetter: Myself and Planning Staff have been in discussions with the Fire Department on how to mitigate potential negative impacts on emergency operations at Fire Station 1. We have come up with a solution of affirmatively marking the W. Wall Way alley as no parking and including the following operation guideline in the ordinance approving the PUD plan. Essentially it prohibits the business and apartment on the property from using the alley as part of its operations (i.e., vendor deliveries, customers idling in the alley to pop in and grab a quid< cup of coffee, trash service, etc.) so the alley will be kept clear 24/7 for emergency vehicles. We have little doubt that you and your family would be great neighbors to the Fire Station and 100% helpful in making sure important emergency services are not impacted, but we must make sure that any future owners/occupants would be equally as helpful. The paragraph we would add to do so reads as follows: No parking, idling, blocking, or other obstruction shall be allowed at any time in the public alleyway known as "W. Wall Way" (the "alleyway") from the intersection of the alleyway and Bolivar St. to the eastern property line of the subject property. The alleyway shall not be used in the operations of any commercial or residential use on the subject property, including that no owner or occupant of the subject property shall allow or permit vendors, customers, tenants, or invitees to park, idle, block, or otherwise obstruct the alleyway at any time. Solid Waste pick up services for the subject property shall not permitted to use the public alleyway to provide such services. Nothing in this paragraph shall be construed to prohibit the use of the alleyway for general vehicular or pedestrian access to the parking lot located on the northeast side of the subject property. It is staffs intent to offer this language as part of a substitute bill on Monday night. Please let us know if you have any questions on this matter. Thank you. -Ryan It+.a irc;li,, it• •s .1effetNei .. \il 0':i,7: 1.`'+1 (+-I-i 4 RMoehlmanr<r?jel1bitvmo.ore 1 ill: Ctll l'.1111 [ItEUJEIhEI 111:!t iu.': F!1>!rtl�1E1�S1n Cn11Ct•r11[n...L n:1117: •: .,t1 14. ,I' Coarespondeneef[imellne packet Page 17 From: Paul Samson <psamson@cmps-inc.com> Sent Thursday, April 8, 20219:50 AM To: Barron, Eric <EBarron@jefcitymo.org> Subject RE: PUD Plan - 311 Bolivar Street Eric, Thanks for the call this morning. I talked to Jeff and we are going to send Jason a plan and meet with them to get any issues worked out. Hopefully we will have a resolution by the end of next week. Paul Samson, PE Central Missouri Professional Services, Inc. 2500 E. McCarty St. Jefferson Crty, MO 65101 Phone: S73-634-3455 Fax: 573-634-8898 psamson@cmps-inc.com From: Barron, Eric<EBarron@ieffcitvmo.org.> Sent: Thursday, April 8, 2021 8:27 AM To: Paul Samson <psamson@cmps-inc.com> Subject: P110 Plan - 311 Bolivar Street Eric Barron Planning Manager City of Jefferson (573) 634-6419 From: Paul Samson <psamson@cmps-inc.com> Sent: Friday, April 9, 2021 2:29 PM To: Barron, Eric <EBarron@jeffcitymo.org> Subject: Bolivar St. Site Plan Eric, I spoke with Jeff and he is good with the changes we discussed. I will send down revised drawings for Sheet C100 on Monday. Paul Samson, PE Central Missouri Professional Services, Inc. 2500 E. McCarty St. Jefferson City, MO 65101 Phone: 573-634-3455 Fax: 573-634-8898 psamson@cmps-inc.com Coorespondence/Timelne Packet Page 19 From: Barron, Eric Sent: Thursday, May 6, 2021 9:07 AM To: Wade, Shane <SWade@jeffcityrno_org>;'psarnson@crops-inc.00m` <psamson@crops-inc.com> Cc: Kreyling, Matt <MKreyling@jeffcityma.._o ; Bange, David <DBange@jefcitymo.org>; Fontana, Don <DFontana@jeffcitymo.org>; Bonnot, Len 'LBonnot@jeffcitymo_org>; Dittmer, Lisa <Ldittmer[ra jeffdtymo.org> Subject: RE: Coffee Shop, B & B, Oak.b:rook Properties, 309 & 311 Bolivar Street- Plan Review Comments, Engineering Division, 1st Review Hello Paul, The only comment by the Planning Division is to reference the assigned address — 311 Bolivar Street, on all plan sheets. We assigned a separate street number for the upper level Air BnB unit of 309 Bolivar, so maybe reference that as well. Sincerely, Eric Barron Planning Manager City of Jefferson 573-634-6419 From: Wade, Shane Sent: Wednesday, May 5, 2021 5:08 PM To: `psamson@cmps-inc.com` <psamson@cmps-inc.com> Cc: Kreyling, Matt <MKreyling@jeffcitymo.orp; Barron, Eric <EBarron@ieffcitymo.org>; Bange, David <DBange@ieffcitymo.org>; Fontana, Don <DFontana@jeffcitymo.org>; Bonnot, Len <LBonnot@ieffcitymo.or'; Dittrner, Usa <idittmer@jeffcitymo.ore? Subject: Coffee Shop, B & B, Oakbrook Properties, 309 & 311 Bolivar Street- Plan Review Comments, Engineering Division, 1st Review Paul - Please find below the Plan Review comments from the Engineering Division concerning the project submittal referenced above, submitted April 20, 2021 for review. Topo Survey & Demolition. C001. Sheet 1 of 4- 1. Update the address references for al] locations on the site plan sheets to 309 & 311 Bolivar Street (all sheets). Site Plan C100, Sheet 2 of 4- 1. Provide sizes for the water service and meter referenced in Site Notes 8 & 9. 2. 15 the proposed signage to be a lighted sign? If so, will the building/ electrical plans reference the location of the electric service to the sign? 3. Do you have a detail or reference to a standard detail, for the 6"raised concrete island noted in Site Note 24? 4. For Storm Drainage Note P 1-2, the UFL = 574.00 instead of 554.00. Coorespondence/Timeline Packet Page 20 5. Drainage calculations and a drainage area map for piping and storm structures are needed to verify information provided for the storm drainage structures. Please provide_ Grading & Erosion Control Plan. C101. Sheet3 of 4- 1. Provide owner/ maintenance contact information for the swq/ detention basin shown. 2. Drainage swq calculations and a drainage area map for swq are needed to verify information provided for the storm drainage structures. Please provide. 3. Is a concrete washout detail needed for the site, if needed? (re: SWQ Benefits List) Construction Details. C102, Sheet 4 of 4- 2. See item 3. above for C100. 3. See item 3. above for 0101_ DA Map & Drainage Calculations - 1. See 'stems 5. above for C100 and 2. above for 0101. SWQ/ESC Checklists, Benefits Summary - 1. See items 1. & 3, above forC101. We have no additional comments. i believe that the Planning Division has reviewed the plan, and may comment by separate email_ Please double-check with Eric Barron. We will need four (4) sets of the final revised plan for final approval/ resubmittal. Thanks. Shane Wade Shane Wade, P.E. Plan Review and Development Engineer City of Jefferson Dept. of Public Works Engineering Division 573.634.6449 0 573.634.6457 E swade{a iefcitvmo.org Coorespondenceritmeline Packet Page 21 From: Jeff Schaeperkoetter <jwschae@hotmaiLcom> Sent: Thursday, June 24, 2021255 PM To: Barron, Eric <EBarron@jeffcitymo.org> Cc: Wade, Shane.SWade@jeffcitymo.org> Subject: Re: Tract division application Thanks, Eric. Sent from my iPhone On Jun 24, 2021, at 1:35 PM, Barron, Eric <EBarron(a7jeffcitvmo.org. wrote: Hello Jeff, Yes, the proposed tract division has be received, distributed, and is currently in process of review. We have been inundated lately with plan reviews of various sorts, but your submittal should be at or near the top of our first in/first out process. Sincerely, Eric Barron Planning Manager City of Jefferson 573-634-6419 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Wednesday, June 23, 2021 10:13 AM To: Barron, Eric <EBarron@ieffcitymo.orp Subject: Tract division application Eric: CMPS submitted the tract division application on June 7th. I have a contract with Union Pacific that is time - sensitive, and I don't want this to fall between the cracks. Sorry to bother you with this, but could you check and make sure this has come to the attention of the right people? Jeff Sent from Mail for Windows 10 From: Jeff Schaeperkoetter <jwschae@hotmail_com> Sent: Thursday, July 15, 2021 9:58 PM To: Barron, Eric <EBarron@jeffcitymo.org> Cc: Wade, Shane <SWacfe@jeffcitymo.org>; dsmith@cmps-inc.com; brockwell@cmps-inc.com; Bange, David <D8ange@jeffcitymo.org>; Bonnot, Len <LBonnot@jeffcitymo.org>; Dittmer, Lisa <Id ittm e r@ jeffcitymo.org> Subject: Re: Property Boundary and Tract Division Survey 600 block of West McCarty Street, - Plan Review Comments, Engineering and Planning Divisions, lst Review Thanks, Eric, that makes sense. I will get back with you tomorrow on this after talking with Darrell about the standard language they have. Jeff Sent from my iPhone On Jul 15, 2021, at 9:18 PM, Barron, Eric <EBarron(Ejeffcitymo.orp wrote: Hello Jeff, The note is meant to recognize that the tract does not qualify as an individual buildable lot as it, by itself, does not have street frontage - alley access does not qualify as street frontage). ft is not meant to state that nothing could be built on it. It can be used for future expansion by you - as your adjacent property does have street frontage. The city code section is: 35-50.0.1- all lots must have access on a dedicated public street. The note should probably be a bit longer, perhaps reading as: This tract does not qualify as an individual buildable lot, and is intended to be transferred and combined with the neighboring tract recorded in Book , Page . A tract must meet city code requirements to qualify as a buildable lot. CMPS has a standard note (similar to the above) that they put on parcel divisions. This one was missing that note, hence the staff comment. The purpose of course is to keep from any misunderstandings - we wouldn't want a future property owner to come in wanting to build something on a landlocked lot. If there's an issue with the language we can of course talk about that, but we need either a note to this effect, or, to include your tract in the survey and formally combine them so they'd be a single tract (which would greatly complicate things). I think I mentioned the note at our discussion at the front desk. Again, it's not meant to keep you from building on and using the property, it's meant to keep you from selling it individually off to someone else who would then want to build on it (with only alley access). If you have any questions I'm happy to discuss. Sincerely, Eric Barron Planning Manager City of Jefferson 573-634-6419 On Jul 15, 2021, at 8:03 PM, Jeff Schaeperkoetter <jwschae@hotmail.com> wrote: Coorespondencelrimeline Packet Page 23 Shane: Thanks for sending this to me, but I am perplexed about Comment 5 from the Planning Department. Although I mentioned this to Eric in a pre -application meeting, perhaps it was not dear from the application that Oakbrook Properties, L.LC., has the contract with the railroad, and this property, obviously, adjoins our current property to the west which we are developing_ tithe new area does not qualify as a building site, I need to know what the qualifications are immekfiately so l can address that with the railroad. That limitation is certainly unexpected and will have a significant impact on our transaction. We have a dosing date coming up in early August, and l need to know what disqualifies this new tract and what, if any, remediations are available that might change that. A reference to the City Code would be helpful to me. Would you please ask the Planning Department commenter to repay to me as quickly as possible? [know that Darrell of CMPS has questions about Comment 1 as well. On that one, i guess I am confused about why I am having to bear the expense of showing the detail on an adjoining tract which is not a part of the tract division application. Could the existing detail on that adjoining lot be omitted like it is on the fire station property? Jeff 111(11i1(1+1(11111tIi1I++-t4-44++l 111l+f+11+11111 i111111111F[6t6I6111111164i++t+++�+++F i f (I 11 1 1'1 1 1 I (4-1 1 1 (-4- 4 (1 f t +++{-1- I+ 4! 1 t i 4 1 1 1 1 1 1 44.1 F 1- 1 1 1 1 1 I if 1 i l (I I t 1 1! 644+++++-14+++++++++ 111[1111114(11111++ Sent from Mail for Windows 10 From: Wade. Shane Sent Thursday, July 15, 2021 10:26 AM To: dsmithc cmps-inc.com; Brian Rockwell <brockwellPcmps-inc.com> (brockwellPcmps-inc.com) Cc: Barron Eric- Bange, David; Bonnot, Len; Dittmer, Lisa; 'jwschae(a hotmail.com' Subject: Property Boundary and Tract Division Survey 600 block of West McCarty Street, - Plan Review Comments, Engineering and Planning Divisions, 1st Review Darrel and Brian - Please find below the Plan Review comments from the Engineering and Planning Divisions concerning the survey submittal referenced above, submitted June 8, 2021 for review. Parcel Division Survey - 1. For the adjacent property at 620 West McCarty, please update what is shown for the building and for the parking area. A building expansion and parking area expansion has occurred for this property, since the previous survey was performed in 2002. Recent aerial photography should show updated layouts. The dimension offset from the back property line will change due to the fairly recent building addition. Label the building on the adjacent property as a "restaurant". 2. Provide a vicinity map for the survey. 3. Please remove "G1SP' from the signature block for Sonny Sanders signature. 4. in the title block, the owner referenced should be Union Pacific instead of Mo. Pacific Railroad. Please clarify. 5. Please add an additional note that "Tract B-1 does not qualify as an individual building lot" to the survey notes on the drawing (Planning Division comment). 6. Label the dimension N 42d 14m39s E 1.33' in similar fashion to all other property dimensions for Tract B-2. We have no additional comments. Please resubmit at least two (2) original revised documents addressing the comments above, along with the recording fee for the final submittal. Let us know if you have any questions concerning the comments. Thanks. Shane Wade Shane Wade, P.E. Pfan Review and Development Engineer City of Jefferson Dept. of Public Works Engineering Division 573.634.6449 0 573.634.6457 F swade@ieffcitymo.org CoorespondencefTimeline Pad* Page 25 From: Jeff Schaeperkoetter <jwschae@hotmail.oam> Sent Wednesday, May 18, 2022 9:07 AM To: Barron, Eric <EBarron@je fersoncitymo.gov> Subject: Re: 309 Bofrvar - Parking off of Alley Eric: Thanks for your note. 1 am aware, of course, of the fire department's concerns and certainly plan to talk to Chief Schofield before any request is submitted. Jeff Sent from my iPhone On May 18, 2022, at 8:05 AM, Barron, Eric <EBarron@jeffersoncitymo.gov> wrote: Hello Jeff, thank you for the reply. The Fire Department has some pretty specific concerns about the alley and the parking off of it, which were flushed out during the PUD review process and subsequent adoption of that plan by the City Council. You can propose changes, but I'm not sure we're going to be able to process them administratively given that they were fairly specific items incorporated into the plan sent to Council. If you have a proposal in mind, you can send it to me and we'll distribute it for review/comment Alternatively you could discuss any ideas you have directly with the Fire Department. Barring approval of a revised plan, it would be expected that the parking adjacent to the alley would be installed according to the approved plan, including installation of the missing island. We wouldn't be in a position to issue a certificate of occupancy for the building with these plan elements missing. Sincerely, Eric Barron Planning Manager City of Jefferson 573-634-6419 From: Jeff Schaeperkoetter <jwsch ae @ hotm a i I. com> Sent Monday, May 16, 2022 4:18 PM To: Barron, Eric <EBarron@ieffersoncitymo.gov> Subject: RE: 309 Bolivar - Parking off of Alley Eric: Thanks for the a -mail. I had specifically requested that the concrete island not be installed at the time the back parking lot was poured. I knew that the front parking lot was going to be a bigger project, and that the front's completion was weather -dependent, and wanted to maximize on -site parking as much as possible, and that island's completion would obstruct parking in the rear. Subsequently, I have considered filing an application to seek approval of an amendment to the final PUD plan to allow straight -in parking rather than the parking provided for in the final PUD Plan as approved. In reading the city code, I think this may be a minor amendment as contemplated by the code. My thinking here is that the additional parking of at least 2 or 3 spaces would be beneficial without significant impact on the area. I know the City is dealing with parking issues on a much larger scale in the downtown area, and the long-term benefit of additional on -site parking may be attractive to the City as well. Coorespondencerrime!>Re Packet Page 26 Jeff Sent from Mail for Windows From: Barron, Eric <EBarron@jeffersoncitymo_gov> Sent: Monday, May 16, 2022 8:25:00 AM To: Jeff Schaeperkoetter <iwschae@hotmail.com> Subject: 309 Bolivar - Parking off of Alley Hello Jeff, I wanted to check in and make sure that the parking arrangement off of the alley at your new build'i ig was being installed according to plan, with 90 degree parking spaces off of a driveway accessed from the alley (rather than head in parking from the alley). I realize that the striping is not in yet. The concrete island adjacent to the alley connection to Bolivar note P24 on the attached plan) doesn't appear to be in place. Eric Barran Planning Manager City of Jefferson (573) 634-6419 Coorespondencernmellne Packet Page 27 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent Sunday, June 5, 2022 6:05 PM To: Schofield, Matt <MSchofield@jeffersoncitymo.gov>; Barron, Eric <EBarron@jeffersoncitymo.gov> Cc: Scott Schaeperkoetter <Scott@signaturehomesjc.com>; Turner, Jason <JTumer@jeffersonritymo.gov> Subject: RE: Parking area at rear of new building Chief Schofield and Eric: We are looking to a completion of the building later on this month, an.d t am getting nervous that the parking issue is still out there without a resolution. I will be heading out of town Thursday for a few days. Could I hear from somebody on Monday to see where we are on this? Jeff Sent from Mail for Windows From: Schofield, Matt Sent: Wednesday, May 25, 2022 5:52 PM To: Jeff Schaeperkoetter Cc: Scott Schaeperkoetter, Turner, Jason Subject: Re: Parking area at rear of new building Let's look to early next week, how does 1:30 on Tuesday sound? Sent from my iPhone On May 25, 2022, at 8:00 AM, Jeff Schaeperkoetter <jwschae@hotmail.com> wrote: Anytime today or tomorrow, then on Friday before 9 or after 3. Sent from my iPhone On May 25, 2022, at 7:55 AM, Schofield, Matt<MSchofield@jeffersoncitymo.eov> wrote: Mr. Schaeperkoetter, Our schedule is tight this week, what time were you thinking? Matthew D. Schofield, Fire Chief Jefferson City Fire Department City of Jefferson, Missouri mschofield@ieffersoncityrno.gov 573-634-6401 15S WC 72161 69721 This e-mail transmission, and any documents, files or previous e-mail messages attached to it contains information that is confidential, and may be legally privileged, and is intended for the use of the individual or entity named above. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner_ Thank you From: Jeff Schaeperkoetter cjwschae@hotmaii.com> Sent: Tuesday, May 24, 2022 8:01 PM To: Schofield, Matt <MSchofield@ieffersoncitymo.eov> Cc: Scott Schaeperkoetter <scott(E signaturehomesic.com> Subject: Parking area at rear of new building CoorespondencelFimeiine Packet Page 28 Chief Schofield: I was hoping it would be possible to squeeze into your schedule in the next few days what I think will be a fairly short meeting at the job site, regarding a matter of some urgency. Before that meeting, I thought it would be more efficient to lay out my thoughts via this e-mail. You may recall that the parking area for our new building between the building and Wall Way was formatted in the PUD Plan approved by the City so that the 4 parking spaces there would be oriented parallel with Wall Way. The fire department had expressed concerns regarding potential obstructions to the department's use of Wall Way. As that back parking lot was being poured, and in an attempt to facilitate on -site parking during the construction of the front parking lot, I asked that the back lot not be finished with that small island along Wall Way at the entrance from Bolivar, as provided in the Final site plan. That back parking lot is 26 feet deep from the sidewalk to Wall Way, which is, as I am told, 7 feet more than the 19 feet typically required. As a result, if vehicles were allowed to park back there perpendicular to the building (straight -in parking), they would have that extra room to back out and access Wall Way for their exit. That area is wide enough, even with the wider space required for the one handicapped space, to permit 7 or 8 spaces, which is 3 or 4 more than those which will be available with the approved parking plan. We would limit the use of that back parking lot to employees and the occasional users of the AirBnB, so that the use of the lot will be for those who will not be in and out of the lot frequently. Signage will be developed to restrict customers from using the lot. Deliveries will be made through the front parking area. I believe that the perpendicular orientation of the parking will not adversely impact the fire department's access to or use of Wall Way to a greater extent than that which will occur with the plan as approved. The change will allow additional on -site parking, which will reduce street parking in the area and the resulting impact on vehicular, pedestrian and cycling users. Additionally, it will enhance the parking for our project. The request for an amendment to the final plan can be approved administratively, and, of course, the City will not consider that as long as the fire department maintains its position. Because of the imminent completion of the building (we hope to have it done in the next month or so), the City will also not issue a certificate of occupancy until the back parking lot and the rest of the improvements are completed according to the plan. The completion of the small island and striping the lot per the approved plan can be done quickly, now that the front parking lot and apron are completed. thought I would reach back out to you to see if the department's concerns are somehow alleviated by this lengthy explanation. If that were the case, your assistance in passing that along to Eric Barron might be the next step, as I think the administrative approval of the amendment can occur pretty quickly. Of course, if that is not the case, I will not be filing the request for amendment. Chief, I understand the department's expressed concerns, and your position on this will not diminish my appreciation for the department's cooperation as we have moved along here. I just thought it was important to at least give you my thoughts. My telephone number is 573-301-7514 and I will be available any time Wednesday and Thursday, with some limited time as well on Friday. I hope you are willing to meet me up there, so we can show you "on the ground" the specifics of the request. You may want Chief Turner to be there as well. Jeff Sent from Mail for Windows Coorespondence/rimeline Packet Page 29 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Friday, June 3, 2022 4:01 PM To: Barron, Eric <EBarron@jeffersonciitymo.gov> Subject RE: Project Thanks, Eric. Sent from Mail for Windows From: Barron, Eric Sent Friday, June 3, 2022 3:54 PM To: Jeff Schaeperkoetter Subject: RE: Project Hello Jeff, Yes, a sign permit is still required. Sign permit applications are available online at: https://cros4files.revize.com/jefferso ncitvmo/PPS/Sign%200 ispiav%20App%202022.pdf They are processed by the Building Regulations Division, and can be submitted to the permit technician at the front desk in a similar manner as bundling permit applications. Sincerely, Eric Barron Planning Manager Qty of Jefferson 573-634-6419 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Friday, June 3, 2022 3:51 PM To: Barron, Eric <EBarron@ieffersoncitvmo.gov> Subject: Project I spoke with the fire department on Tuesday and they were going to get with you to discuss next steps for the parking. On another matter, please advise if, since the sign was part of the approved site plan, an application for a sign permit is required. This may be in another person's domain, if so, please forward this to them. Jeff Sent from Mail for Windows Coorespondencefl1met€ne Packet Page 30 From: Schofield, Matt<MSchofield@jeffersoncitymo.gov> Sent: Monday, June 6, 2022 6:30 PM To: Jeff Schaeperkoetter <jwschae@hotmail.com> Cc: Barron, Eric <EBarron@jeffersoncitymo,gov>; Scott Schaeperkoetter <scott@signaturehomesjc_com>; Turner, Jason <JTurner@jeffersoncitymo.gov> Subject: Re: Parking area at rear of new building On May 31, Fire Department representatives met with Jeff Schaeperkoetter to review the request for additional parking of seven or more spaces with future parking needs considered towards the East side of the property and elimination of the curb originally agreed to in the PUD. The Fire Department is concerned this will create additional static and transient traffic that will limit access on the dead-end alley and restrict emergency vehicles, as well as interfere with required access to the communications tower site at Fire Station 1. After careful consideration of the information provided on the request for additional parking already constructed at the rear of Three Story Coffee the Fire Department believes that the Final PUD site plan approved an 7-9-2021 already represents a substantial compromise on the part of the Fire Department that takes into account the concerns noted above. tt is not in the interest of the public that we serve to further complicate traffic congestion in this limited access area. iv;atr.he.v D. Schofield, Fire Chief Jefferson City Fire Department City of Jefferson. Missouri mschofield@leffersoncitymo.eov 573-634-6401 155 WC 72161 69721 This e-mail transmission, and any documents, files or previous e-mail messages attached to it contains information that is confidential, and may be legally privileged, and is intended for the use of the individual or entity named above_ If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner_ Thank you On Jun 5, 2022, at 6:05 PM, Jeff 5chaeperkoetter <jwschae@hotmail.com> wrote: Chief Schofield and Eric: We are looking to a completion of the building later on this month, and I am getting nervous that the parking issue is still out there without a resolution. I will be heading out of town Thursday for a few days. Could I hear from somebody on Monday to see where we are on this? Jeff Sent from Mail for Windows From: Schofield, Matt Sent: Wednesday, May 25, 2022 6:52 PM To: Jeff Schaeperkoetter Cc: Scott Schaeperkoetter; Turner, Jason Subject: Re: Parking area at rear of new building Let's look to early next week, how does 1:30 on Tuesday sound? Sent from my iPhone Coorespondence/Timeline Packet Page 31 On May 25, 2022, at 8:00 AM, Jeff Schaeperkoetter <jwschae@hotmail.com> wrote: Anytime today or tomorrow, then on Friday before 9 or after 3. Sent from my iPhone On May 25, 2022, at 7:55 AM, Schofield, Matt <MSchofield(iieffersoncitymo.gov> wrote: Mr. Schaeperkoetter, Our schedule is tight this week, what time were you thinking? Matthew D. Schofield, Fire Chief Jefferson City Fire Department City of Jefferson, Missouri mschofield@jeffersoncitymo.gov 573-634-6401 155 WC 72161 59721 This e-mail transmission, and any documents, files or previous e-mail messages attached to it contains information that is confidential, and may be legally privileged, and is intended for the use of the individual or entity named above. ]f you are not the intended recipient, or a person responsible for delivering it to the intended recipient, any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you From: Jeff Schaeperkoetter <iwschae@hotmail.com> Sent: Tuesday, May 24, 2022 8:01 PM To: Schofield, Matt <MSchofield@ieffersoncitymo.gov> Cc: Scott Schaeperkoetter <scott@signaturehomesjc.com> Subject: Parking area at mar of new building Chief Schofield: 1 was hoping it would be possible to squeeze into your schedule in the next few days what I think will be a fairly short meeting at the job site, regarding a matter of some urgency. Before that meeting, 1 thought it would be more efficient to lay out my thoughts via this e-mail. You may recall that the parking area for our new building between the building and Wall Way was formatted in the PLID Plan approved by the City so that the 4 parking spaces there would be oriented parallel with Wall Way. The fire department had expressed concerns regarding potential obstructions to the department's use of Wall Way. As that back parking lot was being poured, and in an attempt to facilitate on -site parking during the construction of the front parking lot, t asked that the back lot not be finished with that small island along Wall Way at the entrance from Bolivar, as provided in the Final site plan. That back parking lot is 26 feet deep from the sidewalk to Wall Way, which is, as I am told, 7 feet more than the 19 feet typically required. As a result, if vehicles were allowed to park back there perpendicular to the building (straight -in parking), they would have that extra room to back out and access Wall Way for their exit. Coorespondenc,errimeline Packet Page 32 That area is wide enough, even with the wider space required for the one handicapped space, to permit 7 or 8 spaces, which is 3 or 4 more than those which will be available with the approved parking plan. We would limit the use of that back parking lot to employees and the occasional users of the AirBnB, so that the use of the lot will be for those who will not be in and out of the lot frequently. Sign ge will be developed to restrict customers from using the lot. Deliveries will be made through the front parking area. I believe that the perpendicular orientation of the parking will not adversely impact the fire department's access to or use of Wall Way to a greater extent than that which will occur with the plan as approved. The change will allow additional on -site parking, which will reduce street parking in the area and the resulting impact on vehicular, pedestrian and cycling users. Additionally. it will enhance the parking for our project. The request for an amendment to the final plan can be approved administratively, and, of course, the City will not consider that as long as the fire department maintains its position. Because of the imminent completion of the building (we hope to have it done in the next month or so), the City will also not issue a certificate of occupancy until the back parking lot and the rest of the improvements are completed according to the plan. The completion of the small island and striping the lot per the approved plan can be done quickly, now that the front parking lot and apron are completed. I thought I would reach back out to you to see if the department's concerns are somehow alleviated by this lengthy explanation. If that were the case, your assistance in passing that along to Eric Barron might be the next step, as I think the administrative approval of the amendment can occur pretty quickly. Of course, if that is not the case, I will not be filing the request for amendment. Chief, I understand the department's expressed concerns, and your position on this will not diminish my appreciation for the department's cooperation as we have moved along here. I just thought it was important to at least give you my thoughts. My telephone number is 573-301-7514 and I will be available any time Wednesday and Thursday, with some limited time as well on Friday. I hope you are willing to meet me up there, so we can show you "on the ground" the specifics of the request. You may want Chief Turner to be there as well. Jeff Sent from Mail for Windows CoorespondenceTmefine Packet Page 33 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Monday, June 27, 2022 10:22 PM To: Barron, Eric <EBarron@jeffersoncitymo.gov> Cc: Scott Schaeperkoetter <scott@signaturehomesjc.com> Subject: RE: 3 -Story Coffee - request for Temporary CO Eric: Thanks for your note. I apologize for the late response, but I first saw this when I was at the St. Louis airport picking up family in for the holidays, and am just now getting to my computer. I wanted you to have this response when you arrive in the morning to emphasize the importance of the request that Scott has made. I was aware that Scott had requested the temporary certificate of occupancy last week, and that you were not back in the office until today. I know that Scott made the request because he was told by city personnel that temporary certificates had been granted by the City in similar circumstances. I think you may be aware that the request was for the ground floor of the building, which is complete, while the upper story portion of the building can be completed within the 45 -day period of the temporary certificate. The issuance of the temporary certificate is critical. The business to be located on that main floor closed its location on Dunklin Street on Saturday so that the equipment could be relocated to the new building and connected for its use on opening. That opening has been planned for Wednesday, which gives us tomorrow to get the temporary certificate in place. The back parking lot can not easily be finished at this point because the dumpster needs to remain in place for debris removal purposes, and trucks with trailers will need access to the rear of the building through which second floor completion with be accomplished. I want to make it clear that we will be requesting that the City approve an amendment to the final PUD Plan, through whatever process the City deems necessary, to provide for increased pull -in parking spaces in that rear lot. You indicated that I had "no success" with the Fire Department after discussing this. While they did not agree, I frankly found their basis for that decision to be unreasonable, and I am not willing to accept the Fire Department as the final authority on the parking amendment issue. Frankly, it denies my company as the owner of the property the full and unfettered use of a public street. I know that the City code allows minor amendments to the plan to be approved by staff, and that staff has apparently relied on the Fire Department to determine that this is not a minor amendment. If that means that the final decision on the matter must be made through the Planning and Zoning and City Council process, I am fine with that, even though the City knows that the process of completing the parking lot according to the current plan will cost me a significant amount of money. I would respectfully request that the temporary certificate be issued immediately so that occupancy and operations may commence as planned on Wednesday. If that can not be done, 1 would like to know by Tuesday noon, so we can arrange the necessary contractors to finish the parking lot as soon as possible. That may mean, of course, that those'finishes will need to be removed and re -done at our cost if the amendment to be proposed is accepted by the City Council. I have cc'd Scott on this. To facilitate our progress, please "reply all". Jeff Sent from Mail for Windows Coorespondenceflimefine Packet Page 34 From: Barron, Eric Sent: Monday, June 27, 2022 1:00 PM To: Jeff Schaeperkoetter Subject: 3 -Story Coffee - request for Temporary CO Hello Jeff, We have a request from Scott with Signature Homes for a temporary CO. We still have the outstanding issue of the rear parking area. I understand you had discussions with the Fire Department on changes with no success. Can you state what your plans are for the rear parking area at this point? Eric Barron Planning Manager City of Jefferson (573) 634-6419 Coorespondencemmetine Packet Page 35 From: Jeff Schaeperkoetter<jwschae@hotmail_com> Sent: Tuesday, June 28, 2022 4:25 PM To: Kreyling, Matt <MKreyfing@jeffersoncitymo_gov> Cc: Scott Schaeperkoetter<Scott@signaturehomesjc.com>; Barron, Eric <EBarron@jeffersoncitymo.gov>; Sanders, Sonny<SSanders@jeffersoncitymo.gov>; Vande Voorde, Dan <DVande Voorde@jeffersoncitymo.gov> Subject: Re: TCO for Three Story Coffee Matt: Thanks for getting this done in so timely a fashion for us. We will let Dan know when the roaster is moved. Jeff Sent from my iPhone On Jun 28, 2022, at 3:51 PM, Kreyling, Matt <MKreyling( ieffersoncitymo.gov> wrote: Jeff, Attached is the TCO for the lower level at 311 Bolivar for Three Story Coffee to begin operating. Please be sure to contact our mechanical inspector (Dan VandeVoorde) prior to beginning operation of the coffee roaster being installed on the west end of the building. If you have any questions or need anything else, please feel free to calf or email at any time. Matthew Kreyling, CBO Building Official City of Jefferson 320 E McCarty Street Jefferson City, MO 65101 T — (573) 634-6410 mkreyling@ jeffersoncitymo.gov www.ieffersoncitymo.gov CoorespondencerT imeline Packet Page 36 TEMPORAECV CE rE'IIFI LATE OF OCCUPANCY Department of Planning & Protective Services Division of Building Regulations 320 East McCarty Street, Jefferson CiLy MO 65101 Phone: 573.634-6410 Fax: 573-634-6562 titrildiii Locations: Type of Occupancy: Type of Construction: Design Occupant Load: Related building Permit: Description Sprinkler: OWNER CAPITAL OPPORTUNITY FUND i. I. C 320 NtS110DSE BLUFF OR JEFFERSON CITY, MO 65101 311 i1OLNAR 5T A-2 (Assembly) 75 (lower level only) 9P21-06CG Construction of a new 2 story building and associated site irnproventertts- NFPA 13 CONTRACTOR SIGNATURE HOMES OF JEFFERSON CITY INC. P,O. BOX 105738 JEFFERSON CITY, MO 65110 Restrictions: This certificate is to allow occupancy and operation of the coffee shop an the lower level only. Tho upper level and north parking area shall be limited to construction access only until brought into conformance with the previously submitted and approved plans. This certificate expires August 12, 2022. This is to certify that the premifet has heed lrttpected and are in compliance with the iwild.ng codes and ordinances at ha City insofar as can be determined by a visual inspection of the building. Current Adopted Codes: 2014 National Electrical Cade 2015 International Ptumbiai Code /015 Ime(r.ational Fire Cody 2015 International Meclun1cal Cade 2015 international Swinuning Pool and Spa Code 2015 International 0uikf ina Code 2015 International Residential Cede 2015 International Existing Buildrg Coda 71115lnternatlonal Fuel Gas Cade The City dacs not m,s'se airy guarantee Of warranty as to the condition of these prenises at the quality at workmanship in the construction or rehabiEtatian of the premises- Pot does the Cayassume any liability *Meg homthe inspection and issuance at this rempararyCertificate et Occupancy. it is specttcatty understood that this Certificate becomes null and void when secured through fraud or tivhen changes In construction, et ase If made without the approval of the Department of Plantlyig & Protective Services. Issued by mat wvs Kreyiing, WI** Official Date: ve $ Coorespondence/Timeline Packet Page 37 From: Jeff Schaeperkoetter <jwschaechotmail.com> Sent: Monday, July 11, 2022 8:10 AM To: Barron, Eric <EBarron@jeffersoncitymo.gov> Cc: Sanders, Sonny <SSanders@jeffersoncitymo.gov>; Schofield, Matt <MSchofield@ jeffersoncitymo.gov>; Turner, Jason <JTumer ar? jeffersoncitymo.gov> Subject: RE: Parking area at rear of new building Eric: I will be filing the amendment form, hopefully this morning. I do appreciate that you responded last week in a timely fashion for me to meet the filing deadline. I still think that this should be considered as a minor change. The use of (b)(2) and (d)(4) as the basis for staff deciding it is not a minor change is interesting to me. is this really a relocation or just a change of orientation? Does any increase in parking spaces increase the demand for traffic circulation? Taking this through the Planning and Zoning and City Council process just adds to the time and expense of the project. Also, my memory may be slipping, but I do not recall that the parking area was any significant part of the City Council meeting. Staff may have had pre -meeting discussions with council members, but I was not privy to those discussions. I guess the recording of the meeting would be the available, and it might be good for you to provide me with that. All that being said, if staff reconsiders and determines that this is a minor change that it can approve administratively, I am obviously fine with that. Jeff Sent from Mail for Windows From: Barron, Eric Sent Friday, July 8, 2022 5:12 PM To: Jeff Schaeperkoetter Cc: Sanders, Sonny; Schofield, Matt; Turner Jason Subject: RE: Parking area at rear of new building Hello Jeff, I'll direct you to the Major PUD Plan Amendment process for this request. Staff do not believe it falls into a Minor PUD Amendment category for the following reasons: Section 35-74.C.5.b.(2) regarding minor changes not to relocate parking areas closer than 10 feet to a street right-of-way line. Section 35-74.C.S.d.(4) regarding minor changes not being authorized for increased demand for traffic circulation. Also, the parking area adjacent to the alley was a major item of review, consideration, and presentation to the City Council. It is staffs view that only a Gty Council action can amend such an item. The process would be for an Amendment to the Final PUD Plan. The process is essentially the same as the initial PUD approval process, and involves public notification (including mailed letters to neighbors and property sign posting), public hearing before the P&Z Commission, and public hearing before the City Council. Application form is available at: https://cros4files.revize.com/ieffersoncitymo/P&Z and BOA postines/app-PUD- Revised % 20J u ly%202018.pdf Applicable attachments would be: - Written narrative describing the request. Site Plan drawing showing the requested change. Application fee of $700 Any other relevant information. The PUD approval at the City Council had some specific references to the alley. I have attached Ordinance 16083. CoorespordencerErnegne Packet Page 38 The Final PUD Plan (approved administratively by staff per Section 35-74_C_4_ej is also attached. The application deadline for the August meeting of the Planning and Zoning Commission is Monday, July 11. The Filing Deadline Calendar, with meeting schedules for both the P&Z Comrission and City Council, is available at: https://cros4files.revize.com/jeffersoncitvmo/2022%20PZ%20Fi l ing%20Calendar%20Public. pdf if you have am questions let me know. Sincerely, Eric Barron Nanning Manager City of Jeffer. san 573-634-6419 From: Jeff Schaeperkoetter <iwschae@hotmail.com> Sent: Thursday, July 7, 2022 2:36 PM To: Barron, Eric < EBarror_ipieffersoncitymo.gov> Cc.: Sch sfield, Matt < MSchofeldP ieffersoncitymo.eov>; Turner, Jason <JTurnerra7jeffersoncitymo.gov> Subject: FW: Parking area at rear of new building Eric: As t indicated to you earlier, I will be filing a request to amend the PU) Nan for the property at 309/311 Bolivar Street. I want to make sure that I follow the correct procedure, and am relying an Section 35-74 for that procedure. Please advise that I am relying on the proper code section for filing the proposed amendment. t note that that section requires the applicant to provide the Director with an erwelope and notice addressed to any person who testified regarding the project at a prior public meeting. 1 recall that a neighbor testified at the City Council meeting, and would request that you provide me with the name and address of a!1 persons who testified at either the Planning and Zoning Commission or Council meeting. If you would prefer,: i can glean that information from the minutes of the meetings, in which case I would need a copy of them., which canbe sent to me electronically. I will be requesting that the amendment be deemed a minor change, and, of course, am prepared to present the request to the Planning and Zoning Commission and City Council as necessary. I assume that, if the P & Z process is necessitated by a staff decision that this is not a minor change, there may he a notice requirement, and l would appreciate it if you would provide me with the notice requirements so l can determine whether the August 4 P & 2 meeting is a possibility. Your earliest possible response is requested as the timing of this is important to us. Jeff Schaeperkoetter Capitol Opportunity Fund, L.L.C. Sent from Mail for Windows Ccorespondencefrimeilne Packet Page 36 On Aug 29, 2022, at 1:34 PM, Barron, Eric <EBarron@jeffersoncitymo.gov> wrote: Hi Jeff, I'd probably refer you to the law department on any contract regarding the tower. The meeting at the City Council on September 6 is just bill introduction. If there are concerns about the language of the bill there should be ample time to address them prior to public hearing/bill passage on September 19. ft would be a standard bill approving a PUD plan amendment, with the condition that the P&Z Commission placed on it. Sincerely, Eric Barron Planning Manager City of Jefferson 573-634-6419 from: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Monday, August 29, 2022 1:27 PM To: Barron, Eric <EBarron@jeffersoncitymo.gov> Cc: Sanders, Sonny <SSanders@jeffersoncitymo.gov>; Kreyling, Matt <MKreyling@jeffersoncitymo.gov> Subject: RE: City Council meeting on proposed amendment Thanks, Eric. I had intended to cc Mr. Sanders and Mr. Kreyling as they were on a previous email. Since the concerns expressed by staff did not only involve the fire department's issues, I just wanted to inquire so I can be prepared for the hearing before the City Council. I have rearranged a flight schedule to come back to Jefferson City early for the Council meeting, and learning the bill language and recommendation on the Thursday or Friday before the council meeting does not provide much of an opportunity to prepare for the hearing. l have asked Kortney to give me a link to the P & Z hearing. To help me prepare further for the City Council hearing, 1 would also like a copy of the contract with the tower company so I can see the language guaranteeing them access to the tower site. I am not sure who would have this, so let me know if I need to contact somebody else. Jeff Sent from Maii for Windows From: Barron, Eric Sent: Monday, August 29, 2022 8:11 AM To: Jeff Schaeperkoetter Cc: Sanders, Sonny; Kreyling, Matt Subject: RE: City Council meeting on proposed amendment Hello Jeff, Coorespondenceflimeline Packet Page 40 Staff recommendations do not typically change between the P&Z and City Council meetings. That being said, if you're looking for feedback from the Fire Department on their thoughts, I'd refer you directly to them. I noticed that you copied Matt Kreyling (the Building Official} on this email. If you were intending Matt Schofield (the Fire Chief} you may have tagged the wrong email address. The City Council packets typically are posted by the Clerk by Thursday/Friday before the Council Meeting. That posting includes the bill and bill summary with recommendation. Sincerely, Eric Barron Planning Manager City of Jefferson 573-634-6419 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Wednesday, August 24, 2022. 1:56 PM To: Barron, Eric<EBarron@jeffersoncitvmo.gov>; Kreyling, Matt <MKreyling@jeffersoncitymo_gov>,SandeTs,Sonny <SSa nders@ jeffersoncitymo. goon Subject: City Council meeting on proposed amendment Gentlemen: As I prepare for the City Council meeting, l need to inquire as to the position City staff (including the fire department) will take on the proposed amendment now that P & Z has recommended approval_ Jeff Sent from Mail for Windows CoorespondencefTimeline Packet Page 41 City of Jefferson Department of Planning & Protective Services 320 E McCarty SL Jefferson City, MO 65101 December 27, 2022 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, A(CP, Director Phone: 573434-6410 Fax: 573434-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, January 12, 2023 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street to consider the following matters (see map on back): Case No. P23003 — 309 & 311 Bolivar Street, Amendment to PUD Plan. Request fled by Capital Opportunity Fund LLC, property owner, to amend the approved PUD Planned Unit Development plan to change the number and orientation of parking spaces located on the north side of the property adjacent to West Wall Way. The property is located on the northeast comer of the intersection of West McCarty Street and Bolivar Street and is described as the northerly part of Inlot No. 424, in the City of Jefferson, Cole County, Missouri. As a nearby landowner and/or neighbor, you are being provided notice of this hearing_ Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: JCPlanning@jeffersoncitymo.gov fax: Dept. of Planning and Protective Services / Planning Division 573-634-6457 mail: Dept_ of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. on the day of the meeting will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council an February 20, 2023. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: httrs://www.ieffersoncitvmo.qov/government/planningfplanninq and zoning commission.php Please contact the Planning and Zoning Division via phone at 573.634.6573 with pertinent questions. Best Regards, Kortney Bliss Planner 1 individuals should contact the ADA Coordinator at (573)634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Pleases call (573) 634-6410 with questions regarding agenda items. Case No. P23003 309 & 311 Boiivar Street Major PUD Ran Amendment 185 ft. Notification Buffer s 0 40 E0 teo zoo 320 ?ff Feet Jefferson City Planning and Zoning Commission Property Owner list Case No. P23003 1914 PROPERTIES L L C 1234 ASHBURY WAY WARDSVILLE, MO 65101 309 & 311 Bolivar Street AMERICAN TOWER CORP SITE 4274000 PROPERTY TAX PO BOX 723597 ATLANTA, GA 31139-0597 AT&T SERVICES AT&T SERVICES TOWER PROPERTY TAX TEAM 754 PEACHTREE ST NE 16TH FLOOR ATLANTA, GA 30308 BRYAN, JOSEPH T 304 BOLIVAR ST JEFFERSON CITY, MO 65101 CAPITAL OPPORTUNITY FUND L L C 320 NISHODSE BLUFF DR JEFFERSON CITY, MO 65101 JEFFERSON CITY DISTRIBUTORS INC 301 CONSTITUTION DR JEFFERSON CITY, MO 65109 KALUGINA, SVETLANA 306 BOLIVAR ST JEFFERSON CITY, MO 65101 LINCOLN CENTER L L C 1718 HAYSELTON DR JEFFERSON CITY, MO 65109 MASTROGIANNIS PROPERTIES L L C 117 MONTEREY DR JEFFERSON CITY, MO 65109 MISSOURI LOCAL GOVERNMENT EMPLOYEES RETIREMENT SYSTEM (LAGERS) PO BOX 1665 JEFFERSON CITY, MO 65102 12/28/22 ST LOUIS, MO 63101 MISSOURI STATE OF PO BOX 809 JEFFERSON CITY, MO 65102 OAKBROOK PROPERTIES L L C 320 NISHODSE BLUFF JEFFERSON CITY, MO 65101 RADEMANN, EDWIN A & JUDY A TRUSTEES 4820 RAINBOW HILLS RD JEFFERSON CITY, MO 65109 SCHRIMPF, STEVEN 2820 BRUSH CREEK CT JEFFERSON CITY, MO 65109 SIMS, WILLIAM DOUGLAS TRUSTEE 330 BOLIVAR ST JEFFERSON CITY, MO 65101 WANSING, FRANKLIN G 310 BOLIVAR ST JEFFERSON CITY, MO 65101 MISSOURI PACIFIC RAILROAD CITY COUNCIL "PRE -MEETING" WORK SESSION, FEBRUARY 6, 2023 CALL TO ORDER Mayor Carrie Tergin called the February 6, 2023 City Council "Pre -Meeting" to order at 5:47 P.M. to review the agenda. ATTENDANCE The following Councilmembers were present when the meeting convened: Present: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Ward Absent: Fitzwater and Wiseman DISCUSSION OF AGENDA ITEMS Councilmember Hensley will lead the prayer. Appointments by the Mayor - Steve Crowell, City Administrator, will recommend the appointment of Clinton Smith as the new Planning and Protective Services Director. Mr. Smith will be in attendance. If councilmembers choose, they can go into closed session to discuss the possible appointment. Presentations from Staff, Consultants & Invited Guests Finance and I.T. Director Shiela Pearre will provide a financial update. - Public Works Director Matt Morasch will give a parking app update and a transit route update. - Vicenarians from Weathered Rock Veterinary Clinic signed up to give a presentation related to bite training that has been occurring in City parks by a private group. Councilmember Fitzwater arrived at the meeting at 5:47 P.M. Consent Agenda - Councilmember Fitzwater may pull off item e related to a CDBG Analysis of Impediments to Fair Housing study to highlight the item before voting to approve. Bills Introduced - City Staff presented their introduced bills. Councilmember Wiseman arrived at the meeting at 5:52 P.M. Bills Pending - City Staff presented their pending bills. CITY COUNCIL "PRE -MEETING" WORK SESSION, FEBRUARY 6, 2023 Informal Calendar - As the sponsor of the bill, Councilmember Wiseman intends to take up bill 2022-090 for discussion and a vote. Resolutions - City Staff presented their resolution. Closed Session - A closed session is scheduled on tonight's agenda. ADJOURNMENT The meeting adjourned at 6:02 P.M. 1 REGULAR COUNCIL MEETING, FEBUARY 6, 2023 CALL TO ORDER Mayor Carrie Tergin called the February 6, 2023 City Council meeting to order at 6:04 P.M. ROLL CALL The following Councilmembers were present for roll -call: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Absent: None ADOPTION OF THE AGENDA Councilmember Ward motioned and Councilmember Spicer seconded the motion to adopt an amended agenda, adding Weathered Rock Veterinary Clinic presentation to #7. The motion passed unanimously by voice -vote. MISCELLANEOUS AGENDA ITEMS Mayor Tergin recognized Planning and Protective Services Director Sonny Sanders who will be retiring this month with over sixteen years of service to the City. This was his last City Council meeting. PUBLIC HEARINGS There were no public hearings at this meeting. APPOINTMENTS BY THE MAYOR Steve Crowell, City Administrator, recommended the appointment of Clinton Smith as the new Planning and Protective Services Director. Mr. Smith was in attendance and briefly introduced himself and answered a few questions from Councilmember Spencer regarding his residency. CLOSED SESSION Councilmember Spencer motioned and Councilmember Spicer seconded the motioned to go into closed session pursuant to [Sec. 610.021(3)] Hiring, Firing, Disciplining, or Promotion of Particular Employees of the Revised Statutes of Missouri. The motion passed by the following roll -call vote at 6:15 P.M.: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None RECONVENE IN OPEN SESSION Following the Closed Session, the City Council reconvened in Open Session at 6:45 P.M. with the following Councilmembers present: 2 REGULAR COUNCIL MEETING, FEBUARY 6, 2023 Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Absent: None Mayor Tergin congratulated Mr. Smith on his unanimous appointment to the Director of Planning and Protective Services. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS a. Shiela Pearre, Finance and I.T. Director gave the City's monthly financial update. b. Matt Morasch, Director of Public Works gave an update on the new parking app and adjustments to the transit routes due to staff shortages. c. Dr. Ashley French, Dr. Jessica Greene, and Dr. Emily Ruesch from Weathered Rock Veterinary Clinic gave a presentation on bite training that has been occurring in City parks by "Smokin Guns Working Dog Club". The City issued a cease and desist letter in January when the November request for a parks permit failed as a result in stopping the trainings. The group is no longer training in the City as far as anyone can tell; however, they are training in Versailles. Presentation materials were distributed and can be found in the on-line packet. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF City Council committee announcements: • Committee on Administration — There was nothing to report at this time. • Finance Committee — The February meeting will be moved to a new TBD date as it conflicts with the Public Safety committee meeting date and time this month. • Public Safety Committee — The next scheduled meeting is February 23rd, 7:30 A.M. in the Police Training Room. • Public Works & Planning Committee —The next meeting is February 9th, 7:30 A.M. in the Boone -Bancroft Room. Mayor announcements: • Mayor Tergin thanked Shiela Pearre for providing the monthly financial update. Staff is currently working on how to fund the proposed Evergreen Salary Study recommendations. • The Jefferson City Fire Department is offering a 90 -minute CPR training session for City Council and City Staff on February 13th, 4:00 P.M. — 5:30 P.M. in the Police Training Room. • JCPD and the Missouri Department of Corrections have teamed up for a Special Olympics fundraiser on February 15th. The "Tip a Cop" fundraiser will take place at Texas Road House, 3:00 P.M. — 10:00 P.M. 3 REGULAR COUNCIL MEETING, FEBUARY 6, 2023 • The Jefferson City Convention and Visitors Bureau is hosting a fund raiser event at the Eagles Club on February 9th, 6:00 P.M. The fund raiser will benefit the Jefferson City Athletic Events Committee. Councilmember Spicer is selling tickets. • The Jefferson City Arts Foundation is hosting a wine tasting and culinary experience, fundraiser event, "Uncorked" on February 13th, 6:00 P.M., at Revel Catering with Bar Vino. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE Octavia Ailsworth made the following announcements: • Founders' Day Convocation: Thursday, February 9th from 11:00 A.M. — 12:00 P.M. Founders' Day celebrates Lincoln University's years of education service. Convocation will take place at Mitchell Auditorium, Richardson Fine Arts Center • Lincoln's Birthday Observance: Lincoln University will be closed on Friday, February 10th in observance of Lincoln's Birthday. • LU-MRRL Lecture Series: Kirigami Crafts: The LU-MRRL Lecture Series invites you to attend "Kirigami Crafts: From Folding and Cutting Paper to Smart Materials and Soft Robotics" on Thursday, February 16th at 6:30 pm at the Missouri River Regional Library. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Patsy Johnson, Michael Hall, and Dorothy James, all residents of the Campus View subdivision area, expressed their concerns with bill 2022-106. The bill will have a public hearing at the next City Council meeting. City Staff is going to talk with the property owner/requestor of the bill to encourage their attendance at the public hearing to address neighbors' concerns. CONSENT AGENDA a. Minutes of City Council Meetings: January 3, 2023 b. Renewing Year 3 Bid 3141 to Mississippi Lime for Wastewater Department's Purchase of Granular Quicklime, Estimated at $231,042 c. Authorizing an Omnia Partners Cooperative Procurement Agreement with Exmark Manufacturing Company for the JC Park's Department, $14,887 Purchase of an Exmark Lazer Z Mower d. Authorizing an Omnia Partners Cooperative Procurement Agreement with The Toro Company for the JC Park's Department, $10,500 Purchase of a Toro Grandstand Mower e. Authorizing a $38,510 Consulting Services Contract with RKG Assoc. for CDBG Analysis of Impediments to Fair Housing f. Authorizing Award of Bid IFB4087 to CCIMW, LLC Painting for Walnut Pump Station Protective Coating Project in the Amount of $34,500 Awarding $21,792.70 Sole Source Bid to Black Rain Ordnance and Declaring Certain City Property as Surplus to be used as Trade-in, and Approving the Expenditure to Spend the Trade Amount on the Purchase g. 4 REGULAR COUNCIL MEETING, FEBUARY 6, 2023 h. Authorizing Fourth -Year Lease Renewal in the Amount of $67,358.30 with Fischer Grain Farms for Farming of Airport and Wastewater Property Councilmember Spicer motioned and Councilmember Ward seconded the motion to approve the above items on the Consent Agenda. The motion passed unanimously. BILLS INTRODUCED 2022-100 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $1,244,046 DESIGN/BUILD AGREEMENT WITH BURNS AND MCDONNELL ENGINERING COMPANY, INC. FOR THE BIOSOLIDS IMPROVEMENTS PROJECT. 2022-101 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH INFINITECH IN THE AMOUNT OF $213,147.32 FOR THE STORAGE AREA NETWORK (SAN) REPLACEMENT PROJECT. 2022-102 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $325,918 AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. FOR THE WESTVIEW FORCEMAIN REPLACEMENT PROJECT. 2022-103 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON BY REZONING 3 ACRES OF LAND ADDRESSED AS 1110 CEDAR CITY DRIVE FROM M-1 LIGHT INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT AND APPROVING A PRELIMINARY PUD PLAN. 2022-104 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 9.09 ACRES OF LAND LOCATED IN THE 2200 BLOCK OF ST. MARY'S BOULEVARD FROM C-2 GENERAL COMMERCIAL TO RA -2 HIGH DENSITY RESIDENTIAL. 2022-105 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 311 BOLIVAR STREET. 5 REGULAR COUNCIL MEETING, FEBUARY 6, 2023 2022-106 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF TC3C SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. BILLS PENDING 2022-094 sponsored by Councilmember Wiseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE 0 (PARKING TIME LIMIT ZONES), TO MATCH EXISTING CONDITIONS ON EAST HIGH STREET AND LAFAYETTE STREET. Bill 2022-094 was read third time by title, placed on final passage, and passed by the following roll -call vote as Ordinance 16308: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-095 sponsored by Councilmember Wiseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE 0 (PARKING TIME LIMIT ZONES), BY THE MODIFICATION OF THE 600 BLOCK OF EAST HIGH STREET, FROM 2 HOUR (SECTION E) to 4 HOUR (SECTION F). Bill 2022-095 was read third time by title, placed on final passage, and passed by the following roll -call vote as Ordinance 16309: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-096 sponsored by Councilmember Wiseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE 0 (PARKING TIME LIMIT ZONES), BY DELETIONS NEXT TO 1001 WEST MCCARTY STREET. Bill 2022-096 was read third time by title, placed on final passage, and passed by the following roll -call vote as Ordinance 16310: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 6 REGULAR COUNCIL MEETING, FEBUARY 6, 2023 2022-097 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE 0 (PARKING TIME LIMIT ZONES), BY DELETIONS NEXT TO 1001 WEST MCCARTY STREET. Bill 2022-097 was read third time by title, placed on final passage, and passed by the following roll -call vote as Ordinance 16311: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-098 sponsored by Councilmember Schreiber AN ORDINANCE AMENDING AND ENACTING REGUALTION REGARDING MARIJUANA. Bill 2022-098 was read third time by title, placed on final passage, and passed by the following roll -call vote as Ordinance 16312: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-099 sponsored by Councilmember Fitzwater AN ORDINANCE APPROVING A PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECT FOR SCHOLASTIC INC.; AUTHORIZING THE CITY OF JEFFERSON, MISSOURI, TO ISSUE ITS TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS (SCHOLASTIC INC. PROJECT), SERIES 2023, IN A PRINCIPAL AMOUNT NOT TO EXCEED $44,700,000 TO FINANCE THE COSTS OF SUCH PROJECT; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS. Bill 2022-099 was read third time by title, placed on final passage, and passed by the following roll -call vote as Ordinance 16313: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None INFORMAL CALENDAR 2022-090 sponsored by Councilmember Wiseman AN ORDINANCE AMENDING CHAPTER 16, ARTICLE I II, SECTION 16-31 OF THE CITY CODE RELATED TO THE COMMISSION ON HUMAN RELATIONS - STRUCTURE OF COMMISSION; QUORUM; COMPENSATION. 7 REGULAR COUNCIL MEETING, FEBUARY 6, 2023 Councilmember Wiseman requested to take up the bill for discussion and a vote. Bill 2022-090 was read third time by title, placed on final passage, and passed by the following roll -call vote as Ordinance 16314: Aye: Hensley, Kemna, Lester, Ward, and Wiseman Nay: Deeken, Fitzwater, Schreiber, Spencer, and Spicer Tie: Mayor Tergin broke the tie, voting aye. RESOLUTIONS RS2022-42 sponsored by Councilmember Fitzwater A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI AMENDING AND ADOPTING THE CITIZEN PARTICIPATION PLAN FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROGRAMS Rachel Senzee, Neighborhood Services Manager, presented the resolution. Councilmember Kemna motioned to adopt RS2022-42. Councilmember Fitzwater seconded the motion. The motion passed by the following roll -call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS There were no presentations at this time. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS There was no discussion at this time. NEW BUSINESS There was no new business at this time. APPROVAL OF JANUARY 17, 2023 CLOSED SESSION MINUTES Councilmember Schreiber motioned, and Councilmember Wiseman seconded the motion to approve the January 17, 2023 Closed Session Minutes. The motion passed by the following roll -call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 8 REGULAR COUNCIL MEETING, FEBUARY 6, 2023 CLOSED SESSION Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, Mayor Tergin entertained a motion to go into Closed Session to discuss the following: Attorney Client Privilege [Sec. 610.021(1)] ii. Real Estate [Sec. 610.021(2)] iii. Sealed Proposals and Negotiated Contracts [Sec. 610.021(12)] A motion was made by Councilmember Wiseman to go into Closed Session for the above - stated reasons, seconded by Councilmember Lester and approved by the following roll - call vote at 8:49 P.M.. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None RECONVENE IN OPEN SESSION Following the Closed Session, the City Council reconvened in Open Session at 10:48 P.M. with the following Councilmembers present: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Absent: None UNFINISHED BUSINESS There was no unfinished business at this time. ADJOURNMENT A motion to adjourn was made by Councilmember Wiseman, seconded by Councilmember Spicer, and approved unanimously at 10:50 P.M. CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item B SUBJECT: Declares Certain City -Owned Personal Property Surplus and Authorizes the Disposition by Sale through Auction DATE CONSIDERED: February 20, 2023 DEPARTMENT DIRECTOR(S): -) Cr� CITY ADMINISTRATOR: /4'7 1 Approval of this consent agenda item is to declare the items listed below belonging to Parks Department as surplus. The equipment will be sold via online auction - Purplewave. Fixed Asset # Item Description Hours/Condition Value 18814 8' Field Disc Fair Condition $1,000 12780 Toro 580D, SN 3058040111 5,990 hours, Fair Condition $5,000 13719 1984 Loraine LRT100, SN: 97114 2,015 hours, Good Condition $6,000 600080 Doolittle 16' Enclosed Trailer Fair Condition $1,000 15025 2001 Doolittle Skidsteer Trailer Fair Condition $1,500 Straw Crimper, Model MD96, SN: 16769534 Good Condition $1,500 10' Hydraulic Box Blade Good Condition $2,000 9018 1984 international Skid Steer Trailer, Fair Condition $2,000 SN: TD9F18TT5EC160028 12240 1991 Goosen BCG2 Straw Blower, SN: 2274 Good Condition $2,000 12463 1985 Goosen BCG2 blower, SN: 2445 Fair Condition $2,000 Baumalite Tree Spade, Model SS330, SN: 5273 Good Condition $4,000 CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item C SUBJECT: Authorize $36,184.00 Audio Video Upgrade to the Council Chambers Contract with Will West Music and Sound DATE CONSIDERED: February 20, 2023 DEPARTMENT DIRECTOR(S): I oo,t ck_ _ Pe__ a_/LA__12__ CITY ADMINISTRATOR: '1��,�.���'! This will provide the approval to award the contract to upgrade the audio video equipment in the Council Chambers for $36,184.00 from the Capital Projects — ITS/GIS account 45-990-578051. This was competitively bid (RFP4108) and Will West was the only bid received. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Proposal 4108 — Audio Video Upgrade Council Chambers Opened February 9, 2023 RECOMMENDATION: Staff recommends award of the proposal to Will West Music and Sound of Jefferson City, Missouri at the price submitted. PROPOSALS RECEIVED: Will West Music and Sound, Jefferson City, MO $36,184.00 This proposal was advertised in the News Tribune on 01/25/2023 and posted on Bonfire. Bid notifications were sent to 23 vendors. FISCAL NOTE: Account Number Description FY 2023 Budget Expended or Encumbered Amount Bid Amount Balance 45-990-578051 Capital Projects-ITS/GIS $355,500.62 $51,653.23 $36,184.00 $267,663.39 PAST PERFORMANCE: Will West Music and Sound has consulted several times on our current audio and video system as well as made many repairs to the current system and have always competed work in a prompt and satisfactory manner. ATTACHMENTS - SUPPORTING DOCUMENTATION Signature: urchasf g Agent / 2/13/22 Will West Music & Sound 807 Missouri Blvd Jefferson City MO 65109 (573) 635-7777 Sold To: Attn: Craig Vaughn City Of Jefferson MO Administration 320 E. Mccarty Street Jefferson City MO 65101 H 645-6329 W 634-6377 CVaughan@jeffersoncitymo.gov PROPOSAL PROPOSAL DATE 50771 2/1/2023 9:19 AM ACCT EMPL ID 12399 JMC PO EXPIRES % QTY ITEM DESCRIPTION PRICE EA TOTAL 1 QSC QIO-RMK Rack Mount Tray for QI0ML41 Units QSC SLQUD-110-P UCI Deplyment Scripting Ucense Perpetual QSC NC -110 Horizontal Field of View 4k Digital Network Camera QSC TSC-70-G3 Touchscreen Controller Tabletop Mounting Accessory 180.00 234.00 1,450.60 455.00 1 QSC TSC-70-G3 Touchscreen Controller 1,905.00 3 QSC NC -12x80 Camera 4,625.00 1 QSC I/O USB Bridge Audio Video 2,085.00 Endpoint 1 Service Labor & Mist Parts for Install, 3,500.00 3,500.00 Design, & Training 1 QSC NV -32H Video and Audio Endpoint 4,170.00 4,170.00 1 QSC NS10-125+ Network Switch 1,320.00 1,320.00 4 QSC QIOML4i Analog Audio Expander 710.00 2,840.00 1 QSC Qsys Core 110F 4,170.00 4,170.00 SUBTOTAL 36,184.00 180.00 234.00 1,450.00 455.00 TOTAL 1,905.00 13,875.00 2,085.00 36,184.00 This system will unify the audio and video of the coundl chambers as well as allowing the capability of automatic preset recalls for camera positioning. A single customizable user interface for control of video and audio will be added for the components on this bid bringing together a single unified experience. All products on this proposal have a 3 year manufacturer limited warranty covered through our store and Will West Music & Sound offers free an -site support and service for 3 years after installation. Page 1 of 1 12399: City Of Jefferson MO Administration ACCT: 12399 REF: 50771 Department of Internet Technology Services Memorandum Date: February 10, 2023 To: Leigh Ann Corrigan, Purchasing Agent Through: Shiela Pearre, Director of Finance and Internet Technology Services From: Richard Gerling, Information Technology Services Manager Subject: RFP4108 — Audio Video Upgrade Council Chambers ITS has completed a review of the proposals opened at 1:30 P.M. on February 9, 2023 for the above noted project. Based on our review, we recommend acceptance of the sole proposal received by Will West Music and Sound. The total amount of the contract will be $36,184.00. The accepted proposal will address multiple issues we are currently experiencing with our current audio and video system including echo, feedback, and overall audio issues. The proposal will also automate the camera system, eliminate audio and video syncing issues, and give audio controls in the production room. This system will also allow us to incorporate our current microphones. The proposal includes 3 years of warranty and support through Will West Music and Sound. Will West Music and Sound has consulted several times on our current audio and video system as well as made many repairs to the current system and have always competed work in a prompt and satisfactory manner. CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and Will West Music & Sound hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render certain services to upgrade Audio and Video components in the Council Chambers with centralized audio/video controls, hereinafter described in Exhibit A. WHEREAS, Contractor has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for services to upgrade Audio and Video components in the Council Chambers with centralized audio/video controls as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Payment. The City hereby agrees to pay Contractor for the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson's Purchasing Department and in accordance with the rates and/or amounts stated in the bid of Contractor dated 2/1/2023, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The total amount for services rendered under this contract shall not exceed Thirty -Six Thousand One Hundred Eighty -Four Dollars and Zero Cents ($36,184.00). 3. Term. This contract shall commence on the date last executed by a party as indicated below. The Contractor shall perform said work in accordance with the contract documents as set forth in Exhibit A, by June 30, 2023. 4. Additional Services. The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed representatives. S. Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or 2 have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. 6. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. Independent Contractor. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. 8. Benefits not Available. The Contractor shall not be entitled to any of the benefits established for the employees of the City and shall not be covered by the Workmen's Compensation Program of the City. 9. Nondiscrimination. The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 10. Illegal Immigration. Prior to commencement of the work: a. Contractor 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. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner. 11. Notice to Proceed. The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 12. Termination. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the 3 effective day of such termination. The City reserves the right to terminate this contract for convenience by giving at least fourteen (14) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City, provide Contractor shall be entitled to payment for all work completed by Contractor through the date of termination. The Contractor may with cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 13. Waiver of Breach. Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 14. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that the City successfully enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any other relief, its reasonable attorney's fees, expenses and costs. 15. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 17. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 18. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 4 19. Indemnity. To the fullest extent permitted by law, the Contractor will defend, indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 20. Insurance. Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the Contractor, the City, and the City's officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, employees and agents, or any subcontractors of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City. 21. Documents. Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be delivered upon request to and become the property of the City upon termination or completion of work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same. 22. Books and Records. The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this contract, and shall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract. 23. Nonsolicitation. The Contractor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the 5 contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 24. Delays. That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Contractor be liable for indirect or consequential damages. 25. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 26. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 27. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the City: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri 65101 If to the Contractor: Will West Music & Sound Jake McCormack 807 Missouri Boulevard Jefferson City, Missouri 65109 [Signatures to follow on next page.] 6 CITY OF JEFFERSON, MISSOURI WILL WEST MUSIC & SOUND Mayor Date: Title: Date: ATTEST: ATTEST: City Clerk Title: APPROVED AS TO FORM: Will West Music & Sound 807 Missouri Blvd Jefferson City MO 65109 (573) 635-7777 Sold To: Attn: Craig Vaughn City Of Jefferson MO Administration 320 E. Mccarty Street Jefferson City MO 65101 H 645-6329 W 634-6377 CVaughan@jeffersondtymo.gov EXHIBIT A PROPOSAL PROPOSAL DATE 50771 2/1/2023 9:19 AM ACCT EMPL ID 12399 JMC PO EXPIRES _ QTY ITEM DESCRIPTION PRICE EA TOTAL 1 1 1 1 QSC QIO-RMK Rack Mount Tray for QIOML4I Units QSC SLQUD-110-P UCI Deplyment Scripting License Perpetual QSC NC -110 horizontal Field of View 4k Digital Network Camera QSC TSC-70-G3 Toucisueen Controller Tabletop Mounttng Accessory 180.00 234.00 1,450.60 455.00 1 QSC TSC-70.63 Touchsaeen Controller 1,905.00 3 Q5C NC -12x80 Camera 4,625.00 1 QSC 1/0 USB Bridge Audio Video 2,085.00 Endpoint 1 Service Labor & Misc Parts for Install, 3,500.00 3,500.00 Design, & Training 1 QSC NV -32H Video and Audio Endpoint 4,170.00 4,170.00 1 QSC N510-125+ Network Switch 1,320.00 1,320.00 4 QSC QIOML41 Analog Audio Expander 710.00 2,840.00 1 QSC Qsys Core 110F 4,170.00 4,170.00 SUBTOTAL 36,184.00 180.00 234.00 1,450.00 455.00 TOTAL 1,905.00 13,875.00 2,085.00 36,184.00 This system will unHj the audio and video of the coundl chambers as well as allowing the capability of automatic preset recalls for camera positioning. A single customizable user interface for control of video and audio will be added for the components on this bid bringing together a single unified experience. All products on this proposal have a 3 year manufacturer limited warranty covered through our store and WUI West Music & Sound offers free on -site support and service for 3 years alter installation. Page 1 of 1 12399: Oty Of Jefferson MO Administration ACCT: 12399 REF: 50771 BILL SUMMARY BILL NO: 2022-107 SPONSOR: Councilmember Schreiber SUBJECT: Authorizing $50,237.73 in Insurance Proceeds to be Utilized in Covering the Cost of Replacement and Purchase of Necessary Equipment to Outfit a New Police Vehicle DATE INTRODUCED: February 6, 2023 DEPARTMENT DIRECTOR(S) : CITY ADMINISTRATOR: Staff Recommendation: Approve. Summary: This bill would authorize a budget amendment within the general fund for the Jefferson City Police Department to utilize insurance proceeds from two prior Police vehicle losses to cover the cost of the replacement and purchase of necessary equipment to outfit the vehicles. Origin of Request: Police Department Department Responsible: Police Department PERSON RESPONSIBLE: CHIEF ERIC WILDE Background Information: The Jefferson City Police Department had two prior Police vehicle accidents that resulted in total losses. The first was a 2011 Chevrolet Tahoe training vehicle which is in the process of being replaced with an older vehicle from the fleet, but additional equipment will need to be purchased for it to be completed. The equipment needed includes interior lighting and a radio. The second vehicle that was a total loss was a 2021 Ford Police Utility car. The department is asking to purchase an additional vehicle to replace one of the lost vehicles. With the insurance proceeds, an additional vehicle could be purchased as well as the equipment needed to outfit the Police vehicles. Fiscal Information: Of the $50,237.73 in insurance claims, $41,556 would be placed into account 10-300-572010 Purchase of Vehicles and $8,681.73 into account 10-300-572020 Purchase of Equipment. BILL NO. 2022-107 SPONSORED BY Councilmember Schreiber ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2022- 2023 ANNUAL BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE POLICE DEPARTMENT FUND. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. There is hereby granted a budget amendment within the General Fund for the Jefferson City Police Department in the amounts of $11,263.40 and $38,974.33 as indicated in Exhibit A, attached hereto, allowing the Jefferson City Police Department to utilize insurance proceeds from two prior Police vehicle total losses to cover the cost of the replacement and purchase of necessary equipment to outfit the vehicles. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer ATTEST: City Clerk Mayor Carrie Tergin APPROVED AS TO FORM: City AttOrney Bill 2022-107 Exhibit A BUDGET AMENDMENT FISCAL YEAR 2022 — 2023 BUDGET General Fund: 10-100-481077 Insurance Claims 10-300-572010 Purchase of Vehicles 10-300-572020 Purchase of Equipment $50,237.73 $41,556.00 $8,681.73 Leamon Peterson & Bello b400 Glenwood • Suite 316 • Overland Park • KS • 66202 Phone 913-362-1309 TOTAL LOSS EVALUATION Insured: City of Jefferson City Claim No.: MPR220536 Date of Loss: 11/26/2022 LPB File No.: L7A-2861-NS Vehicle Owner: City of Jefferson City Year: 2021 Make: Ford Model: Explorer Police Interceptor Mileage: 13,816 BOOK VALUATION NADA MARKET SURVEY Autoboutique (904-677-3333) Uftring Automall (309-323-8884) $40,575.00 $31,500.00 $42,988.00 ACTUAL CASH VALUE (ACV) $40,575.00 + $31,500.00 + $42,988.00 = $115,063.00 $115,063.00 / 3 = $38,354.33 Insurance Claim Services Since 1956 Kansas & Missouri Auto • Property • Liability J.D. POWER 2021 Ford Police Interceptor AWD Pricing What People Are Paying MA 0A i�l �i �aaa Prices displayed are the final prices people paid for the 2021 Ford Police Interceptor AWD after negotiating with dealers. Average Price Paid $40,575 Invoice: $39,620 MSRP: $40,845 Data from 6 transactions - Updated 09/10/22 Add Options Info and Definitions Get Free Price Quote 80% of People Paid $38,952 - $43,055 Trade In to Dealer < Back Next Listing 2021 Ford Police Interceptor Utility Used • AWD List Price $31,500 Excellent Price $3,474 (11%) below avg. list price Est. Monthly Payment $522/mo View & Edit Jacksonville, FL Check out our Inventory! www.AutoBoutiqueFlorida.com Lowest Prices Upfront Show all photos Mileage 15,444 Availability Get Your TruePrice We use cookies on our site. To learn more about the information we collect, how we use it and your choices, visit our Privacy Policy. Westlake Financial' Get your loan for this car prequalified by Westlake Financial. This action will have no impact on your credit score. x Vehicle Overview Condition History Popular Features Price Summary Pricing Con Vehicle Overview Style Exterior Color Interior Color SUV 6 Silver Grey Metallic o Unknown Engine 3.3L V-6 Gas Transmission Automatic Drive Type AWD Vehicle History Report Avaiia Fuel Type Gas We use cookies on our site. To learn more about the information we collect, how we use it and your choices, visit our Privacy Policy.. Accidents 0 Number of Owners 1 Condition data as of 11/15/2022 Popular Features Multi -Zone Climate Control Backup Camera Standard Features • All Wheel Drive • Tow Hitch • Power Steering • ABS • 4 -Wheel Disc Brakes • Brake Assist • Conventional Spare Tire • Steel Wheels • Tires - Front All -Season • Tires - Front Performance • Tires - Rear All -Season • Tires - Rear Performance • Tow Hooks • Power Mirror(s) • Rear Defrost Con irn Availability Title 0 Clean Use Type 0 Personal Use Adaptive Cruise Control Bluetooth X O Q) Get Your TruePrice J CarGurus Buy Sell Finance Research : Q Sign in i Register Home / Used Cars / Ford Explorer / Police Interceptor Utility AWD All reslilts 0$31,500 0 $42,988 2021 Ford Explorer Police Interceptor Utility AWD - $42,988 East Peoria, IL • Home delivery available Send to )hone 2 Email 309-3)3- Vggq Uftring Automall www.uftringautomall.com 1] dab 2021 Ford Explo... 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Mileage: 20,267 • East Peoria, IL $42,988 Q FAIR DEAL $1,476 Above market BILL SUMMARY BILL NO: 2022-100 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing a $1,244,046 Design/Build Contract with Burns and McDonnell Engineering Co., Inc. for the Biosolids Improvements Project DATE INTRODUCED: February 6, 2023 DEPARTMENT DIRECTOR(S): ill/41Ci, CITY ADMINISTRATOR: e4.1 Staff Recommendation: Approve. Summary: This will approve a Phase 1 Design/Build Contract for Biosolids Improvement at the Regional Treatment Facility Origin of Request: City Staff Department Responsible: Public Works PERSON RESPONSIBLE: MATTHEW J. MORASCH, P.E./Eric Seaman, P.E. Background Information: This was identified as part of a bond project from the issue in April, 2022. The biosolids reuse system was last upgraded in 1998 and has become antiquated. The new system will be safer for employees and operate more efficiently. Fiscal Information: The project will be expensed from the wastewater enterprise fund. It will be reimbursed by a State Revolving Fund loan as this project is on the State Intended Use Plan. Burns and McDonnell Engineering Company, Inc. ($1,244,046) Account Available Required Remaining 64-988-579866 $1,244,046 $1,244,046 $0 BILL NO. 2022-100 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $1,244,046 DESIGN/BUILD AGREEMENT WITH BURNS AND MCDONNELL ENGINERING COMPANY, INC. FOR THE BIOSOLIDS IMPROVEMENTS PROJECT. WHEREAS, Burns and McDonnell Engineering Company, Inc. has selected as the firm best qualified to provide professional design/build services related to the Biosolids Improvement Project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Burns and McDonnell Engineering Company, Inc. is declared to be the best qualified and is hereby approved as the best firm to provide professional design/build services for the Biosolids Improvement Project. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Burns and McDonnell Engineering Company, Inc. for the Biosolids Improvement Project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City Ptt whey FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid RFSQ4052 — Biosolids Improvement at Regional Water Reclamation Facility Public Works, Wastewater, Opened September 20, 2022 RECOMMENDATION: Staff recommends the award of the request for qualifications, RFSQ40652 to Burn and McDonnel of Chesterfield, Missouri for professional engineering and design and construction services for biosolid improvements at the Regional Water Reclamation Facility (MO -0094846). This proposal was evaluated by a committee and awarded to the most qualified vendor. The initial contract amount for Phase 1 of these services is $1,244,046. BIDS RECEIVED: Burns & McDonnell, Chesterfield, MO Goodwin Brothers Construction, St Louis, MO River City Construction, East Peoria, IL This bid was advertised in the News Tribune on 8/21/2022 and was posted on Bonfire. Bid notifications were sent to 1,330 vendors of which 20 were recommended vendors. FISCAL NOTE: Account Number Description .*.u,-.6 FY 2023 Budget Expended or Encumbered Amount Bid Amount 64-990-579886 Biosolids Improvement — Wastewater Fund $1,244,046.00 $0 $1,244,046.00 Bid Total $1,244,046.00 ATTACHMENTS — SUPPORTING DOCUMENTATION Signature: ng Agent 1/ /23 Balance $0 4 Evaluation Report City of Jefferson Request for Qualifications: RFSQ404052 Subject: Design Build Biosolid Project Opening Date: September 20, 2022 Criteria Points Burns & McDonnell Goodwin Brothers Construction River City Construction Team Organization, Experience, Qualifications 15 14.00 14.00 11.00 Past Performance 35 32.00 32.00 25.00 Design -Build Design, Engineering Past Performance 20 20.00 . 16.00 14.00 Design -Build Construction Past Performance 30 25.00 27.00 24.00 Total 100 91.00 89.00 74.00 I hereby attest that the points awarded to each bidder listed aboe were scored in accordance with the established evaluation criteria and represent my best judgment of the bid. As indicated by the highest total score, my selection of the bid which offers the lowest and best bid tothe City of Jefferson is: Recommended vendor: Burns and McDonnell Evaluator Name: Group: Ryan Moehlman, Matt Morasch, David Bange, Eric Seaman Date: 22 -Sep -22 Department/Division: Public Works Signature: DBIA r� DESIGN -BUILD INSTITUTE OF AMERICA Progressive Design -Build Agreement This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the day of in the year of 2023 , by and between the following parties, for services in connection with the Project identified below: OWNER: City of Jefferson 320 E McCarty St Jefferson City, MO 65101 DESIGN -BUILDER: Burns & McDonnell Engineering Company, Inc. 9400 Ward Parkway Kansas City, MO 64114 PROJECT: Biosolids Improvement at Regional Water Reclamation Facility 401 Mokane Rd Jefferson City, MO 65101 State Revolving Fund: The Missouri State Revolving Fund, established by the sale of Missouri Water Pollution. Control bonds and federal Capitalization Grants to Missouri, is financing this project In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder agree as set forth herein. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 1 Article 1 General 1.1 Duty to Cooperate. Owner and Design -Builder commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith to permit each party to realize the benefits afforded under this Agreement. 1.2 Definitions. Terms, words and phrases used in this Agreement shall have the meanings given them in DBIA Document No. 535, General Conditions of Contract Between Owner and Design -Builder ("General Conditions of Contract"). 1.3 Design Services. Design -Builder shall, consistent with applicable state licensing laws, provide design services, including architectural, engineering, and other design professional services required by this Agreement. Such design services shall be provided through qualified, licensed design professionals who are either (i) employed by Design -Builder, or (ii) procured by Design - Builder from independent sources. Nothing in this Agreement is intended to create any legal or contractual relationship between Owner and any independent design professional. Article 2 Design -Builder's Services and Responsibilities 2.1 General Services. 2.1.1 Owner shall provide Design -Builder with Owner's Project Criteria during Phase 1 of the Project. 2.2 Phased Services. 2.2.1 Phase 1 Services. Design -Builder shall perform the services of design, pricing, and other services for the Project based on Owner's Project Criteria, as may be revised in accordance with Section 2.1 hereof, as set forth in Exhibit B, Phase 1 Scope of Services. Design -Builder shall perform such services to the level of completion required for Design -Builder and Owner to establish the Contract Price for Phase 2, as set forth in Section 2.3 below. The Contract Price for Phase 2 shall be developed during Phase 1 on an "open -book" basis. Design -Builder's Compensation for Phase 1 Services is set forth in Section 7.0 herein. The level of completion required for Phase 1 Services is defined in Exhibit B, Phase 1 Scope of Services. 2.2.2 Phase 2 Services. Design -Builder's Phase 2 services shall consist of the completion of design services for the Work, the procurement of all materials and equipment for the Work, the performance of construction services for the Project, the start-up, testing, and commissioning of the Work, and the provision of warranty services, all as further described in the Phase 2 Contract Price Amendment. Upon receipt of Design -Builder's proposed Contract Price for Phase 2, Owner may proceed as set forth in Article 2.3. 2.3 Proposal. Upon completion of the Phase 1 Services and any other Basis of Design Documents upon which the parties may agree, Design -Builder shall submit a proposal to Owner (the "Proposal") for the completion of the design and construction for the Project for the Contract Price, which may be based on Design -Builder's Fee and Cost of the Work with an option for a Guaranteed Maximum Price (GMP). DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 2 2.3.1 The Proposal shall include the following unless the parties mutually agree otherwise: 2.3.1.1 The Contract Price that may be based on a Design -Builder's Fee and Cost of the Work, with an option for a GMP, which shall be the sum of: Design -Builder's Fee as defined in Section 7.4.1 hereof; ii. The estimated Cost of the Work as defined in Section 7.5 hereof, inclusive of any Design -Builder's Contingency as defined in Section 7.6.2 hereof. 2.3.1.2 The Basis of Design Documents, which may include, by way of example, Owner's Project Criteria, which are set forth in detail and are attached to the Proposal; 2.3.1.3 A list of the assumptions and clarifications made by Design -Builder in the preparation of the Proposal, which list is intended to supplement the information contained in the drawings and specifications and is specifically included as part of the Basis of Design Documents; 2.3.1.4 The Scheduled Substantial Completion Date upon which the Proposal is based, to the extent said date has not already been established under Section 6.2.1 hereof, and a schedule upon which the Scheduled Substantial Completion Date is based and a Project Schedule for the Work; 2.3.1.5 If applicable, a list of Allowance Items, Allowance Values, and a statement of their basis; 2.3.1.6 If applicable, a schedule of alternate prices; 2.3.1.7 If applicable, a schedule of unit prices; 2.3.1.8 If applicable, a statement of Additional Services which maybe performed but which are not included in the Proposal, and which, if performed, shall be the basis for an increase in the Contract Price and/or Contract Time(s); 2.3.1.9 If applicable, a Savings provision; 2.3.1.10 If applicable, Performance Incentives; 2.3.1.11 The time limit for acceptance of the Proposal; and 2.3.1.12 An Owner's permit list, a list detailing the permits and governmental approvals that Owner will bear responsibility to obtain. 2.3.2 Review and Adjustment to Proposal. 2.3.2.1 After submission of the Proposal, Design -Builder and Owner shall meet to discuss and review the Proposal. If Owner has any comments regarding the Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design -Builder of such comments or findings. If appropriate, Design -Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the Proposal. 2.3.2.3 Acceptance of Proposal. If Owner accepts the Proposal, as may be amended by Design -Builder, the Contract Price and its basis shall be set forth in an amendment to this Agreement, when mutually agreed between the parties (Phase 2 Contract Price Amendment). Once the parties have agreed upon the Contract Price and Owner has issued a Notice to Proceed with Phase 2, Design -Builder shall perform the Phase 2 DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 3 Services, all as further described in the Phase 2 Contract Price Amendment, as it may be revised. 2.3.2.4 Failure to Accept the Proposal. If Owner rejects the Proposal, or fails to notify Design -Builder in writing on or before the date specified in the Proposal that it accepts the Proposal, the Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: Owner may suggest modifications to the Proposal, whereupon, if such modifications are accepted in writing by Design -Builder, the Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 2.3.2.3 above; ii. Owner may authorize Design -Builder to continue to proceed with the Work on the basis of reimbursement as provided in Section 7.1.2 hereof without a Contract Price, in which case all references in this Agreement to the Contract Price shall not be applicable; or Owner may terminate this Agreement for convenience in accordance with Article 9 hereof; provided, however, in this event, Design -Builder shall not be entitled to the payment provided for in Section 9.2 hereof. If Owner fails to exercise any of the above options, Design -Builder shall have the right to (a) continue with the Work as if Owner had elected to proceed in accordance with Item 2.3.2.4 ii. above, and be paid by Owner accordingly, unless and until Owner notifies it in writing to stop the Work, (b) suspend performance of Work in accordance with Section 11.3.1 of the General Conditions of Contract, provided, however, that in such event Design - Builder shall not be entitled to the payment provided for in Section 9.2 hereof and the, or (c) may give written notice to Owner that it considers this Agreement completed. If Owner fails to exercise any of the options under Section 2.3.2.4 within ten (10) days of receipt of Design -Builder's notice, then this Agreement shall be deemed completed. If Owner terminates the relationship with Design -Builder under Section 2.3.2.4(iii), or if this Agreement is deemed completed under this paragraph, then Design -Builder shall have no further liability or obligations to Owner under this Agreement. Article 3 Contract Documents 3.1 The Contract Documents are comprised of the following: 3.1.1 All written modifications, amendments, minor changes, and Change Orders to this Agreement issued in accordance with the General Conditions of Contract; 3.1.2 The Phase 2 Contract Price Amendment referenced in Section 2.3.2.3 herein or the Proposal accepted by Owner in accordance with Section 2.3 herein. 3.1.3 This Agreement, including all exhibits set forth in Article 12; and 3.1.4 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract; DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 4 Article 4 Interpretation and Intent 4.1 Design -Builder and Owner, at the time of acceptance of the Proposal by Owner in accordance with Section 2.3 hereof, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents for any conflicts or ambiguities. Design -Builder and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement, or if applicable, prior to Owner's acceptance of the Proposal. 4.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after Owner's acceptance of the Proposal, Design -Builder and Owner shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 3.1 hereof. 4.3 Terms, words, and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 4.4 If Owner's Project Criteria contain design specifications: (a) Design -Builder is entitled to reasonably rely on the accuracy of the information represented in the design specifications and their compatibility with other information set forth in Owner's Project Criteria, including any design performance specifications; and (b) Design -Builder shall be entitled to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 4.5 The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. 4.6 In the event of some ambiguity in the Contract Documents, the parties shall be deemed to have jointly authored them and nothing shall be construed against or in favor of one party based on it being deemed the sole author. Article 5 Ownership of Work Product 5.1 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design -Builder to Owner under this Agreement ("Work Product") are deemed to be instruments of service and Design -Builder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights, and/or patents, including any Architectural Works, subject to the provisions set forth in Sections 5.2 through 5.5 below. 5.2 Owner's Limited License upon Project Completion and Payment in Full to Design -Builder. Upon Owner's payment in full for all Work performed under the Contract Documents, Design -Builder shall grant Owner a limited license to use the Work Product in connection with Owner's occupancy of this Project only, conditioned on Owner's express understanding that its alteration of the Work Product without the involvement of Design Builder is at Owner's sole risk and without liability or legal exposure to Design -Builder or anyone working by or through Design -Builder, including Design Consultants of any tier (collectively the "Indemnified Parties"), and on the Owner's obligation to provide the indemnity set forth in Section 5.5 herein. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 5 The Work Product cannot be used for other projects without Design -Builder's express written consent and appropriate compensation and agreement on terms of use and indemnity. 5.3 Owner's Limited License upon Owner's Termination for Convenience or Design -Builder's Election to Terminate. If Owner terminates this Agreement for its convenience as set forth in Article 9 hereof, or if Design -Builder elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Design -Builder shall, upon Owner's payment in full of the amounts due Design - Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights as set forth in Section 5.2 above, conditioned on the following: 5.3.1 Use of the Work Product is at Owner's sole risk without liability or legal exposure to any Indemnified Party, and on the Owner's obligation to provide the indemnity set forth in Section 5.5 herein, and 5.3.2 In the event Owner resumes the Project through its employees, agents, or third parties and in so doing uses the Work Product pursuant to its rights set forth above in Sections 5.2 and 5.3, Owner agrees to pay Design -Builder an additional sum equal to the reasonable value of the Work Product it uses in so doing. 5.4 Owner's Limited License upon Design -Builder's Default. If this Agreement is terminated due to Design -Builder's default pursuant to Section 11.2 of the General Conditions of Contract, then Design - Builder grants Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section 5.2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design -Builder was not in default, Owner shall be deemed to have terminated the Agreement for convenience, and Design - Builder shall be entitled to the rights and remedies set forth in Section 5.3 above. 5.5 Owner's Indemnification for Use of Work Product. Owner recognizes that in the event of an early termination of the Work, whether for convenience or for cause, Design -Builder will not have the opportunity to finish or to finalize its Work Product. Therefore, if Owner uses the Work Product, in whole or in part, or if Owner is required to indemnify any Indemnified Parties based on the use or alteration of the Work Product under any of the circumstances identified in this Article 5, Owner shall defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses, and expenses, including attorneys' fees, arising out of or resulting from the use or alteration of the Work Product, to the fullest extent permitted by applicable law. 5.6 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Design -Builder's rights. 5.7 The Owner shall not utilize the Documents, designs, or specifications furnished by Design -Builder to solicit bids or obtain negotiated prices from other contractors. 5.8 This Article 5 shall survive any termination of this Agreement by either Party. Article 6 Contract Time 6.1 Date of Commencement. The Phase 1 Services shall commence within five (5) days of Design - Builder's receipt of Owner's Notice to Proceed unless the parties mutually agree otherwise in writing. The Phase 2 Services shall commence within five (5) days of Design -Builder's receipt of Owner's Notice to Proceed for Phase 2 Services ("Date of Commencement") if the Proposal is accepted and the Contract Price Amendment is amended to this Agreement unless the parties mutually agree otherwise in writing. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 6 6.2 Substantial Completion and Final Completion. 6.2.1 Substantial Completion of the entire Work shall be achieved no later than the date set forth in the Phase 2 Contract Price Amendment ("Scheduled Substantial Completion Date"). Substantial Completion shall be defined as set out in the General Conditions. 6.2.2 Not used. 6.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.7 of the General Conditions of Contract. 6.2.4 All of the dates set forth in this Article 6 ("Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. 6.2.5 If the Design -Builder is delayed in the progress of this Project by acts or neglect by the Owner, its employees, separate contractors employed by Owner, or others, governmental action, or by change orders in the Work not caused in any part by the fault of the Design -Builder; then the Contract Time for completion shall be extended, and the Contract Amount shall be equitably adjusted by a written Change Order. 6.2.6 Where the Design -Builder reasonably establishes that delays as set forth above or that are caused by shortage of labor, strikes, supply chain issues, lockout, tornado, flood, wind damage, fire, unusual delay in transportation, adverse weather conditions beyond the quantity of lost days anticipated in the Project Schedule per Exhibit "I" Anticipated Lost Days to Inclement / Adverse Weather, explosion, sabotage, accidents, riots, civil commotion, acts of war, casualty, condemnation, or other Force Majeure beyond the Design -Builder's reasonable control impact the cost and/or Contract Time, the Design -Builder shall be entitled to recover all extra costs and an appropriate extension of the Contract Time. Design -Builder shall provide written notice of the existence of such cause of delay, together with back-up documentation that verifies the impact in accordance with the Contract Documents. 6.2.7 For purposes of determining weather delays, the parties shall use Exhibit "I," Anticipated Lost Days to Inclement / Adverse Weather. The days shown on Exhibit "I" shall not accumulate month -to -month, but are to be used for determining only the anticipated adverse weather in a given month. Adverse weather for a period of two (2) hours on any day shall constitute one complete day since crews sent home are not able to be re -called once they abandon the Work. Adverse weather days shall also include those days when site conditions are such that Work cannot be performed, or cannot be performed efficiently, due to adverse weather on the preceding day or days (including a weekend) which impact on site conditions. 6.3 Time. Owner and Design -Builder mutually agree that time is important with respect to the dates and times set forth in the Contract Documents. 6.4 Liquidated Damages. Design -Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date in Section 6.2.1 above, Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Substantial Completion is not attained by fourteen (14) days after the Scheduled Substantial Completion Date (the "LD Date"), Design - Builder shall pay Owner Five Hundred Dollars ($500.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date. 6.5 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties, and any other damages, whether special or DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 7 consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in achieving Substantial Completion, Interim Milestone Dates (if any) or Final Completion. 6.6 Owner and Design -Builder agree that the maximum aggregate liability Design -Builder has for any liquidated damages that may be assessed under this Agreement shall be Thirty Thousand Dollars ($30,000.00). 6.7 In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 of the General Conditions of Contract, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price. Article 7 Contract Price 7.1 Contract Price. 7.1.1 For Phase 1 Services, Design -Builder will be paid on an hourly basis in accordance with Exhibit D — Design -Builder's Phase 1 Hourly Rates. For other expenses incurred such as travel, print services, and services provided by subcontractors, the Design -Builder will be paid the actual cost plus a fee of ten percent (10%). The total payment to Design -Builder for the Phase 1 Services set forth in Exhibit B — Phase 1 Scope of Service shall not exceed One Million, Two Hundred Forty -Four Thousand, Forty - Six Dollars ($1,244,046). Owner shall pay Design -Builder in accordance with Article 6 of the General Conditions of Contract, subject to adjustments made in accordance with the General Conditions of Contract. 7.1.2 For Phase 2 Services, Owner shall pay Design -Builder in accordance with Article 6 of the General Conditions of Contract a contract price ("Contract Price") equal to the Design -Builder's Fee (as defined in Section 7.4 hereof) plus the Cost of the Work (as defined in Section 7.5 hereof), subject to any GMP established in Section 7.6 hereof or as set forth in the Phase 2 Contract Price Amendment and any adjustments made in accordance with the General Conditions of Contract. 7.2 Not Used. 7.3 Markups for Changes. If the Contract Price requires an adjustment due to changes in the Work, and the cost of such changes is determined under Sections 9.4.1.3 or 9.4.1.4 of the General Conditions of Contract, the following markups shall be allowed on such changes: 7.3.1 For additive Change Orders, including additive Change Orders arising from both additive and deductive items, it is agreed that Design -Builder shall receive a Fee of ten percent (10%) of the additional costs incurred for that Change Order. In addition to mark-up for Fee, Design -Builder shall be entitled to mark-up for insurance and bond in an amount of two percent (2%). 7.3.2 For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items, the deductive amounts shall include a reduction in the Design - Builder's Fee consistent with the percentage established in Section 7.4. This percentage will be established in the Phase 2 Contract Price Amendment. 7.4 Design -Builder's Fee. 7.4.1 Design -Builder's Fee shall be established in the Phase 2 Contract Price Amendment. The Design -Builder's Fee will be calculated as a percentage applied to the estimated Cost of the Work. This percentage will be established in the Phase 2 Contract Price Amendment. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 8 7.5 Cost of the Work. 7.5.1 The term Cost of the Work shall mean costs reasonably incurred by Design -Builder in the proper performance of the Work. The Cost of the Work shall include only the following: 7.5.1.1 Design -Builder's employees engaged in the performance of the Work and who are located at the Site or working off -Site at the rates as set forth in Exhibit E — Design -Builder's Phase 2 Hourly Rates. 7.5.1.2 The reasonable portion of the cost of travel, accommodations and meals for Design -Builder's personnel necessarily and directly incurred in connection with the performance of the Work, including per diem and site vehicles for staff temporarily stationed at the Site. 7.5.1.3 Payments properly made by Design -Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 7.5.1.4 Costs incurred by Design -Builder in repairing or correcting defective, damaged or nonconforming Work (including any warranty or corrective Work performed after Substantial Completion), provided that such Work was beyond the reasonable control of Design -Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design -Builder or those working by or through Design -Builder. If the costs associated with such Work are recoverable from insurance, Subcontractors or Design Consultants, Design -Builder shall exercise best efforts to obtain recovery from the appropriate source and provide a credit to Owner if recovery is obtained. 7.5.1.5 Costs, including transportation, inspection, testing, storage, and handling of materials, equipment, and supplies incorporated or reasonably used in completing the Work. 7.5.1.6 Costs of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design -Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling, and removing such items. 7.5.1.7 Costs of removal of debris and waste from the Site. 7.5.1.8 The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying, and reasonable petty cash expenses. 7.5.1.9 Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design -Builder at the Site, whether rented from Design -Builder or others, and incurred in the performance of the Work. 7.5.1.10 Premiums for insurance and bonds required by this Agreement or the performance of the Work. 7.5.1.11 Insurance deductibles and expenses arising out of insurance claims associated with the performance of the Work. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 9 7.5.1.12 All fuel and utility costs incurred in the performance of the Work. 7.5.1.13 Sales, use, or similar taxes, tariffs, or duties incurred in the performance of the Work. 7.5.1.14 Legal costs, court costs, and costs of mediation and arbitration reasonably arising from Design -Builder's performance of the Work, provided such costs do not arise from disputes between Owner and Design -Builder. 7.5.1.15 Costs for permits, royalties, licenses, tests and inspections incurred by Design - Builder as a requirement of the Contract Documents. 7.5.1.16 The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design -Builder resulting from such suits or claims, and paying settlements made with Owner's consent. 7.5.1.17 Deposits which are lost, except to the extent caused by Design -Builder's negligence. 7.5.1.18 Costs incurred in preventing damage, injury, or loss in case of an emergency affecting the safety of persons and property. 7.5.1.19 Accounting and data processing costs related to the Work. 7.5.1.20 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 7.5.1.21 Owner and Design -Builder agree that an escrow account shall be established prior to Final Completion, which escrow shall be used to reimburse Design -Builder for the Costs of the Work incurred after Final Completion to perform warranty Work. The amount to be deposited into the escrow account will be established in the Phase 2 Contract Price Amendment. The escrow agreement will provide that any sums not used at the expiration of the warranty period shall be returned to Owner, subject to any savings Design -Builder may be entitled to under this Agreement. In the event the warranty escrow account is exhausted, but funds remain under the GMP, Owner shall be obligated to pay Design - Builder the Costs of the Work incurred after Final Completion to perform warranty Work up to the GMP. 7.5.1.22 Design -Builder has the sole discretion to apply payment due to overruns in one line item to savings due to under -runs in any other line item. 7.5.2 Non -Reimbursable Costs. The following shall be excluded from the Cost of the Work: 7.5.2.1 Compensation for Design -Builder's personnel stationed at Design -Builder's principal or branch offices, except as provided for in Sections 7.5.1.1 hereof. 7.5.2.2 Overhead and general expenses, except as provided for in Section 7.5.1 hereof, or which may be recoverable for changes to the Work. 7.5.2.3 The cost of Design -Builder's capital used in the performance of the Work. 7.5.2.4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded. 7.6 The Guaranteed Maximum Price. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 10 7.6.1 Design -Builder guarantees that it shall not exceed the GMP established in the Phase 2 Contract Price Amendment. Documents used as a basis for the GMP shall be identified in the Phase 2 Contract Price Amendment to this Agreement. Design -Builder does not guarantee any specific line item provided as part of the GMP, and has the sole discretion to apply payment due to overruns in one line item to savings due to underruns in any other line item. Design -Builder agrees, however, that it will be responsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with the Contract Documents. 7.6.2 The GMP will include a Contingency, the amount of which will be established in the Phase 2 Contract Price Amendment. The Contingency is available for Design -Builder's exclusive use for unanticipated costs it has incurred that are not the basis for a Change Order under the Contract Documents. By way of example, and not as a limitation, such costs may include: (a) trade buy-out differentials; (b) overtime or acceleration; (c) escalation of materials; (d) correction of defective, damaged or nonconforming Work, design errors or omissions, however caused; (e) Subcontractor defaults; or (f) those events under Section 8.2.2 of the General Conditions of Contract that result in an extension of the Contract Time but do not result in an increase in the Contract Price. The Contingency is not available to Owner for any reason, including changes in scope or any other item which would enable Design -Builder to increase the GMP under the Contract Documents. Design -Builder shall provide Owner notice of all anticipated charges against the Contingency, and shall provide Owner as part of the monthly status report required by Section 2.1.2 of the General Conditions of Contract an accounting of the Contingency, including all reasonably foreseen uses or potential uses of the Contingency in the upcoming three (3) months. Design -Builder agrees that with respect to any expenditure from the Contingency relating to a Subcontractor default or an event for which insurance or bond may provide reimbursement, Design -Builder will in good faith exercise reasonable steps to obtain performance from the Subcontractor and/or recovery from any surety or insurance company. Design -Builder agrees that if Design -Builder is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency. 7.6.3 Savings. 7.6.3.1 If the sum of the actual Cost of the Work and Design -Builder's Fee is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference ("Savings") shall be shared as follows: Fifty percent (50%) to Design -Builder and Fifty percent (50%) to Owner. 7.6.3.2 Savings shall be calculated and paid as part of Final Payment under Section 8.4 hereof, with the understanding that to the extent Design -Builder incurs costs after Final Completion which would have been payable to Design -Builder as a Cost of the Work, the parties shall recalculate the Savings in light of the costs so incurred, and Design -Builder shall be paid by Owner accordingly. 7.7 Allowance Items and Allowance Values. 7.7.1 Allowance Items, as well as their corresponding Allowance Values, are set forth in the Phase 2 Contract Price Amendment or the Proposal. 7.7.2 Design -Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design -Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 11 constitute a guarantee by Design -Builder that the Allowance Item in question can be performed for the Allowance Value. 7.7.3 No work shall be performed on any Allowance Item without Design -Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design -Builder is not provided written authorization to proceed by the date set forth in the Project schedule, due to no fault of Design -Builder, Design -Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price. 7.7.4 The Allowance Value includes the direct cost of labor, materials, equipment, transportation, taxes, and insurance associated with the applicable Allowance Item. 7.7.5 Whenever the actual cost for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 7.3. The amount of the Change Order shall reflect the difference between actual costs incurred by Design -Builder for the particular Allowance Item and the Allowance Value, with an adjustment to the Design -Builder's Fee in accordance with Section 7.3. 7.8 Not Used. Article 8 Procedure for Payment 8.1 Payment for Preliminary Services. Design -Builder and Owner agree upon the following method for partial and final payment to Design -Builder for the services hereunder: For Phase 1 Services, Design -Builder will submit an Application for Payment to Owner each month based on work completed during the period since the last Application for Payment was submitted. 8.2 Contract Price Progress Payments. 8.2.1 Design -Builder shall submit to Owner on the Fifth (5th) day of each month, beginning with the first month after the Date of Commencement, Design -Builder's Application for Payment in accordance with Article 6 of the General Conditions of Contract. 8.2.2 Owner shall make payment within ten (10) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 8.2.3 If Design -Builder's Fee under Section 7.4 hereof is a fixed amount, the amount of Design - Builder's Fee to be included in Design -Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design -Builder's Fee. 8.3 Retainage on Progress Payments. 8.3.1 Owner will retain five percent (5%) of each Application for Payment provided, however, that when fifty percent (50%) of the Work has been completed by Design -Builder by cost, and Design -Builder is otherwise in compliance with its contractual obligations, Owner will not retain any additional retention amounts from Design -Builder's subsequent Applications for Payment. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 12 8.3.2 Within fifteen (15) days after Substantial Completion of the entire Work or, if applicable, any portion of the Work, pursuant to Section 6.6 of the General Conditions of Contract, Owner shall release to Design -Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to: (a) the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion; and (b) all other amounts Owner is entitled to withhold pursuant to Section 6.3 of the General Conditions of Contract. 8.3.3 If a warranty reserve has been established pursuant to Section 7.5.1.23 above, Owner shall at the time of Substantial Completion retain the agreed -upon amounts and establish an escrow account as contemplated by Section 7.5.1.23 above. 8.4 Final Payment. Design -Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design - Builder's properly submitted and accurate Final Application for Payment (less any amount the parties may have agreed to set aside for warranty work) within ten (10) days after Owner's receipt of the Final Application for Payment, provided that: (a) Design -Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract. 8.5 Interest. Payments due and unpaid by Owner to Design -Builder, whether progress payments or final payment, shall bear interest commencing five (5) days after payment is due at the rate of one and one- half percent (1.5%) per month until paid. In any legal action or arbitration by Design -Builder to recover amounts due and not paid, Design -Builder shall be permitted to recover its attorney's fees and costs from Owner. 8.6 Record Keeping and Finance Controls. Design -Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work. Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants shall be afforded access to, and the right to audit from time to time, upon reasonable notice, Design -Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda, and other data relating to the Work, all of which Design -Builder shall preserve for a period of three (3) years after Final Payment. Such inspection shall take place at Design -Builder's offices during normal business hours unless another location and time is agreed to by the parties. Any billing rates, rate sheets, multipliers, or markups agreed to by the Owner and Design -Builder as part of this Agreement are only subject to audit to confirm that such billing rate, rate sheet, multiplier, or markup has been charged in accordance with this Agreement, but the composition of such billing rate, rate sheet, multiplier, or markup is not subject to audit. Any lump sum agreed to by the Owner and Design -Builder as part of this Agreement is not subject to audit. Such inspection shall take place at Design -Builder's offices during normal business hours unless another location and/or time is agreed by the parties. Article 9 Termination for Convenience 9.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design -Builder for the following: 9.1.1 All services performed and Work executed and for loss, cost, or expense in connection with the services and Work; DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 13 9.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 9.1.3 Overhead and profit in the amount of ten percent (10%) on the sum of items 9.1.1 and 9.1.2 above. 9.2 In addition to the amounts set forth in Section 9.1 above, Design -Builder shall be entitled to receive one of the following as applicable: 9.2.1 If Owner terminates this Agreement prior to commencement of construction, Design - Builder shall be paid in full for the Phase 1 services already rendered, plus three percent (3%) of the remaining balance of the Contract Price or, if a GMP has not been established, the remaining balance of the most recent estimated Contract Price. 9.2.2 If Owner terminates this Agreement after commencement of construction, Design -Builder shall be paid five percent (5%) of the remaining balance of the Contract Price or, if a GMP has not been established, the remaining balance of the most recent estimated Contract Price. 9.3 If Owner terminates this Agreement pursuant to Section 9.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product shall be as set forth in Section 5.3 hereof. Such rights may not be transferred or assigned to others without Design -Builder's express written consent and such third parties' agreement to the terms of Article 5. Article 10 Representatives of the Parties 10.1 Owner's Representatives. 10.1.1 Owner designates the individual listed below as its Senior Representative ("Owner Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address, and telephone numbers.) Name: Title: Address: Telephone No.: E-mail.: 10.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: (Identify individual's name, title, address, and telephone numbers.) Name: Title: Address: Telephone No.: E-mail.: DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 14 10.1.3 The Owner represents and warrants to Design -Builder that Owner, if not the true owner of the real property upon which the Project is to be built, is the agent of the true owner, with express legal authority to enter into this Agreement for the purpose of improving that real property. The property cannot be used for the purpose intended by this Agreement without the making of the improvements described herein. 10.2 Design -Builder's Representatives. 10.2.1 Design -Builder designates the individual listed below as its Senior Representative ("Design -Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address, and telephone numbers.) Name: Title: Address: Telephone No.: E-mail.: 10.2.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify individual's name, title, address, and telephone numbers.) Name: Title: Address: Telephone No.: E-mail.: Article 11 Bonds and Insurance 11.1 Insurance. Design -Builder and Owner shall procure the insurance coverages set forth below and in accordance with Article 5 of the General Conditions of Contract. Design -Builder shall include Owner as an additional insured on the Commercial General Liability, Automobile Liability and Umbrella/Excess Liability insurance policies required herein. The Commercial General Liability, Automobile Liability and Umbrella/Excess Liability insurance policies shall include a waiver of subrogation in favor of Owner. TYPE: REQUIRED LIMITS: 1. Worker's Compensation Insurance Statutory Amount 2. Employer's Liability 3. Commercial General Liability (CGL) $500,000 by disease, $500,000 each accident, $500,000 each employee by disease General Aggregate: $2,000,000 Completed Operations Aggregate: $2,000,000 Limit Per Occurrence: $1,000,000 DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 15 4. Automobile Liability: (Hired, Owned and Non -owned Included) Combined Single Limit per Accident $1,000,000 5. Builder's Risk Contract/Completed Value of Project Work At the time of placement prior to mobilization to the site and/or construction start whichever is earlier, Design -Builder will provide an all-risk Builder's Risk insurance policy insuring the Work during construction at the Project site with a limit equal to the Contract/Completed Value of the Work, until Substantial Completion of the Work. This policy will include the Owner, subcontractors of every tier as additional insureds and include the suppliers, vendors, manufacturers, architects, and engineers as additional insureds as their interest appear while on the Project site. This policy shall include a waiver of subrogation in favor of Owner. 6. Umbrella/Excess Policy occurrence and in the aggregate $1,000,000 per 11.2 Bonds and Other Performance Security. Design -Builder shall provide the following performance bond and labor and material payment bond or other performance security for Phase 2 Services: Performance Bond. ® Required Payment Bond. ® Required 12.1 General Exclusions ❑ Not Required ❑ Not Required Article 12 Other Provisions 12.1.1 Owner acknowledges that if conditions at the site differ from those shown in the survey and soils report, such costs shall be reimbursable outside of the GMP sum. Design -Builder's GMP is premised on the assumptions, clarifications, and exclusions shown in Exhibit "C". 12.2 Statutory Notices NOTICE TO OWNER FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO ME A WAIVER OF DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 16 ANY PROTECTIONS DUE TO GOVERNMENTAL BODIES FROM MECHANIC'S OR MATERIALMAN'S LIENS. 12.3 Special Provisions 12.3.1 Buy American Iron and Steel Products. In accordance with Sec. 608.(a) of the Federal Water Pollution Control Act, the Design -Builder assures that it, as well as its subcontractors, will only use iron and steel products in the Project which are produced in the United States in a manner consistent with United States obligations under international agreements. The term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The Design -Builder understands that this requirement may only be waived by the applicable federal agency in limited situations as set out in Sec. 608.(d) of the Federal Water Pollution Control Act. Items of de minimis value (5% of the total materials cost) will be waived from this requirement. A waiver is also granted for pig iron and direct reduced iron manufactured outside the U.S. in the manufacturing of pig iron and steel products. 12.3.2 Domestic Products Procurement Law. All manufactured goods or commodities used or supplied in the performance of any contract or subcontract awarded on this Project shall be manufactured, assembled, or produced in the United States, unless obtaining American -made products would increase the cost of the goods or commodities by more than ten (10%). In accordance with sections 34.350 through 34.359 RSMo a waiver may be requested from the Owner. 12.3.3 Davis -Bacon Act Requirements. The Design -Builder will pay, and require its subcontractors to pay, all laborers and mechanics employed on the Project at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title 40, United States Code (Davis -Bacon Act), as required by Sec. 602(b)(6) of the Federal Water Pollution Control Act. The Design -Builder agrees to include information about these requirements in solicitation documents. To the extent that the work performed by Design -Builder is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Design -Builder acknowledges that Design -Builder knows the prevailing hourly rate of wages for this project because Design -Builder has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 29, Section 014; Callaway County rates as set forth in Exhibit L. The Design -Builder further agrees that Design -Builder will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent of the Jefferson City Finance Department each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City One Hundred Dollars ($100.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 12.3.4 Pursuant to §285.530.1, RSMo, the Design -Builder assures that it, as well as its subcontractors, do not knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri, and shall affirm, by sworn affidavit and provision of documentation, its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further, the Design -Builder assures that it, as well as its subcontractors, shall sign an affidavit affirming that it does not knowingly employ any person DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 17 who is an unauthorized alien in connection with the contracted services. In accordance with sections 285.525 to 285.550, RSMo a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of section 285.530, RSMo if the contract binding the contractor and subcontractor affirmatively states that the direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo and shall not henceforth be in such violation and the contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor's employees are lawfully present in the United States. 12.3.5 Anti -Lobbying Act. The Parties shall comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, and file an Anti -Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required. 12.3.6 Equal Employment Opportunity 41 CFR 60-4; E.O. 11246. The goals and timetables for minority and female participation, expressed in percentage terms for the Design -Builder's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade Goals for female participation in each trade All years 10% 5% These goals are applicable to all the Design -Builder's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Design -Builder performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Design -Builder also is subject to the goals for both its federally involved and non -federally involved construction. The Design -Builder's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Design -Builder shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. The Design -Builder shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 12.4 Listing of Exhibits and documents incorporated herein: Exhibit A — Not Used Exhibit B — Phase 1 Scope of Services Exhibit C — Assumptions, Clarifications & Exclusions — Not applicable to Phase 1 Exhibit D — Design -Builder's Phase 1 Hourly Rates Exhibit E — Design -Builder's Phase 2 Hourly Rates — Not applicable to Phase 1 Exhibit F — DBIA Document No. 535, General Conditions of Contract Between Owner and Design - Builder (2010 Edition) ("General Conditions of Contract") Exhibit G — Design -Builder's Allowances — Not Applicable to Phase 1 Exhibit H — Permit & Easement Matrix — Not applicable to Phase 1 DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 18 Exhibit I — Anticipated Lost Days to Inclement / Adverse Weather — Not applicable to Phase 1 Exhibit J — Project Schedule — Not applicable to Phase 1 Exhibit K — Geotechnical Soils Report — Not applicable to Phase 1 Exhibit L - State/Federal Wage Rates Exhibit M - Additional State Revolving Loan fund Provisions In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. OWNER: DESIGN -BUILDER: (Name of Owner) (Name of Design -Builder) (Signature) (Signature) (Printed Name) (Printed Name) (Title) (Title) Date: Date: Approved as to Form: Caution: An original DBIA document has this caution printed in blue. This is a printable copy and an original assures that changes will not be obscured as may occur when documents are reproduced. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 19 Exhibit B — Phase 1 Scope of Services Project Kickoff Meeting Design -Builder shall coordinate and lead a Project Kickoff meeting at the facility. During the Project Kickoff meeting, the collective project team will identify the project goals, coordinate activities, discuss project requirements, establish a project schedule, identify key project issues/concerns, identify key personnel who are to provide input on the project, and get initial input on design items. Progress Meetings/Conference Calls Design -Builder will prepare for, attend, and conduct monthly design progress meetings. These meetings will be held either at the City's offices or virtually. Design -Builder will provide meeting minutes with a decision log and a list of action items. Meeting minutes will be distributed via e-mail. Phase 1 will be a nine (9) month (270 Day) duration. This task assumes a total of five (5) onsite meetings with the remainder of the progress meetings being virtual. Project Management This task is for internal coordination of the individual disciplines, budget tracking, and invoice preparation. Quality Control/Quality Assurance The project team will follow BMcD's QA/QC program. This task includes internal review of the project by qualified staff. Review of Existing Studies, Reports, Flow/Load Data, & Design Documents Design -Builder will collect and review existing reports/design documents and facility operational data to support our understanding of the facility. This information will be used to generate a baseline for the planning and design of the new upgrades. Information provided by Owner will be assumed accurate and complete without independent verification. Project Schedule Design -Builder will develop a master project schedule in critical path format that includes all major design activities. The schedule shall be updated monthly. Phase 1 will be a nine (9) month duration. Additional Equipment Scope Evaluation Design -Builder will perform an additional site visit and review available design documents/drawings for each of the other scope items not covered in the previous Biosolids Management Study, including the following: ► Electrical — Evaluation of replacing multiple existing generators with a single generator for the entire facility, requiring review of existing drawings, review of loads across the facility, and one day of gathering site data ► Structural — One day on -site for visual observation of the lime storage silo ► Odor Control — Evaluation of gravity thickeners to determine feasibility and benefits of adding odor control covers, requiring review of existing drawings and coordination with equipment manufacturers ► Grit Removal — Evaluation of replacing grit removal equipment within the existing grit chambers. ► Grit Dewatering — Evaluation of replacing two grit classifiers with a similar technology, within the existing Headworks Building. The Design -Builder will summarize the information collected from the evaluations to deliver a technical memorandum providing recommendations and opinions of probable cost. The City will use the memorandum to determine if additional upgrades will be added to the design project's scope via an amendment. Initial Project Scoping — Opinion of Probable Construction Cost After the Design -Builder conducts the Additional Equipment Scope Evaluation, the Owner will confirm the scope to be included in the project. Before the Design -Builder proceeds with Conceptual Design Services, the Design -Builder will prepare an opinion PAGE 1 OF 5 of probable cost for the project. The City and Design -Builder will meet to review the cost. The City will then confirm the project scope. Geotechnical Investigation Assistance Design -Builder shall subcontract with a licensed geotechnical firm to conduct soil borings and laboratory tests at key locations as needed to determine subsurface conditions. The geotechnical firm shall provide a geotechnical report with recommendations for the foundation and design of new centrifuge building and various site paving. Survey Design -Builder shall subcontract with a licensed surveyor to conduct field surveys in sufficient detail to provide a topographic map suitable for detailed design. The survey shall show property boundaries and easements necessary for the project, as well as the location of all known utilities and surface features that are likely to affect the project. Existing Lime Storage Silos Inspection Design -Builder shall subcontract with a certified SSPC QP-5 inspection company to inspect the coatings on the existing lime silos and provide an inspection report. The report will include photos and be based on common painting practices developed by NACE and SSPC. The report will include recommendations on coating rehabilitation. Model Development Design -Builder will utilize existing as -built pdf documents to create an as -built 3D Model (in Autodesk Revit) of the existing infrastructure. This task only consists of modeling the existing infrastructure, as necessary, to complete the design of this project. Permitting Design -Builder will coordinate with MDNR for required permitting and project approval requirements. Design -Builder does not anticipate that MDNR will require a permit for this project. Additionally, the Design -Builder will assemble a list of anticipated permits required for the project. The Design -Build will research requirements for the following entities to create this list; Environmental Protection Agency (EPA), US Army Corps of Engineers, Jefferson City Memorial Airport, and the Jefferson City Building Department. The City and Design -Builder will meet to review the list and determine responsible parties for obtaining the permits. Conceptual Design Documents Conceptual Design Services will include a Basis of Design Report (BODR) that documents basis of design for each unit process and a codes and standards review. During conceptual design, the Design -Builder will also establish a Contract Drawing and specification list for the Preliminary Design. The following engineering discipline -specific deliverables will be included as part of the Concept Design: ► Civil Site: Establish general location of new facilities, identify laydown areas, preliminary grading plan, and basic yard piping elements. ► Structural: Identify structural design requirements for the facility and recommended materials of construction. ► Architectural: General arrangement and footprint of major structures, occupancy code, major materials of construction, elevation and section drawings. ► Mechanical: Identify classification of key areas of the facility per NFPA 820. ► Process: Document capacity and process design criteria, develop process flow diagrams for the solid stream process, include process -level process and instrumentation diagrams [showing equipment, lines/valves (material, type and size), and instruments], and develop general site layout and yard piping corridors. ► Electrical/Instrumentation: Coordinate site layout with electrical distribution, develop conceptual one -line diagrams, prepare preliminary load calculations, prepare preliminary control system architecture, develop preliminary process instrumentation diagram (PID) based on process flow diagram, and size major electrical equipment. This scope does PAGE 2 OF 5 not include any cost for the Utility provider. Additional cost may be required for the Utility to evaluate their existing service, as well as any new utility requirements. The City shall be given at least one (1) week to review the plans and outline specifications prior to holding a review meeting. PDF documents of the plans along with the specifications will be provided to the City for review. The design fee estimate is based on the following primary upgrades at the facility. Should any infrastructure upgrades deviate from the scope outlined below, or the City decides to perform additional upgrades following the evaluation of existing infrastructure, this will be considered supplemental services and require an amendment: Gravity Thickeners ► Replace -in -kind internal scraper mechanisms in both thickeners Existing Dewatering Building ► Solids handling pumps o Replace -in -kind thickened sludge pumps o Replace -in -kind scum pump o New centrifuge feed pumps (or could be located in new Dewatering Building) o Recoat basement room process piping associated with solids handling pumps ► Lime Stabilization System o Replace -in -kind blower and pneumatic transfer system between silos ► Dry Polymer System o Replace dry polymer feed system with like technology ► Replace some windows, doors, and floor hatches ► Install H2S sensors New Dewatering Building ► Demolish biofilter cells ► Replace -in -kind and relocate VS456 tank ► New pre-engineered metal dewatering building to include: o New dewatering centrifuges o New dewatered cake conveyor o New sludge -lime blender o New sludge loadout bay with conveyor o New polymer feed point from existing dewatering building dry polymer system o New electrical room to power centrifuges and appurtenances Conceptual Design Opinion of Probable Construction Cost Based on the conceptual design documents, Design -Builder will prepare an opinion of probable cost for the project. This cost opinion will be submitted along with the design documents for review and comment by the City. The cost opinion will be based on recent bid tabulation information, historical cost data, and discussions with local suppliers and contractors. All assumptions will be included for reference. Conceptual Design Review Meeting After the City has had an opportunity to review the conceptual design documents, Design -Builder shall conduct a conceptual design review meeting. The purpose of this meeting is to provide the City and Design -Builder an opportunity to clarify City comments on the documents. Design -Builder will provide meeting minutes with a decision log and a list of action items. Meeting minutes will be distributed via e-mail and document comments will be incorporated into the preliminary design documents as appropriate. Preliminary Design Documents Preliminary Design Services will include detailed design progression information with respect to civil, structural, architectural, mechanical, process, and electrical work, controls work, major equipment lists, and sequences of operations. A preliminary 3D PAGE 3 OF 5 Model will be developed in Revit, Plant 3D or Civil 3D based on the discipline. The following design deliverables, including drawings, draft specifications, and a written work description will be developed: ► Civil Site: Draft site plan, rough grading plan, and yard piping. Draft specifications started. ► Structural: Draft plan and section drawings of each structure completed, structure calculations complete, and draft specifications started. ► Architectural: Draft plans developed drawings for the new building, draft demolition requirements, and draft specifications started. ► Mechanical: Develop U -value and heat load calculations, establish required ventilation rates for the new building, size equipment, provide general arrangement of equipment, develop equipment schedule and sequence of operation. Draft specifications started. No riser diagrams will be developed. ► Process: Draft plans and specifications will be started for all unit processes. Process flow diagram, major equipment list, and process and instrumentation diagrams will be finalized. ► Electrical/Instrumentation: Develop draft instrumentation details, update instrumentation device schedule, develop rough draft I/O list, detailed control system block diagram, and finalize process and instrumentation drawings. Draft sequence of operations completed. The City shall be given at least one (1) week to review the plans and outline specifications prior to holding the Preliminary Design Review Meeting. PDF documents of the plans along with the specifications will be provided to the City for review. Preliminary Design Opinion of Probable Construction Cost Based on the preliminary design documents, Design -Builder will prepare an opinion of probable cost for the project. This cost opinion will be submitted along with the design documents for review and comment by the City. The cost opinion will be based on recent bid tabulation information, historical cost data, and discussions with local suppliers and contractors. All assumptions will be included for reference. Preliminary Design Review Meeting After the City has had an opportunity to review the Preliminary design documents, Design -Builder will conduct a preliminary design review meeting. The purpose of this meeting is to provide the City and Design -Builder an opportunity to clarify City comments on the documents. Design -Builder will provide meeting minutes with a decision log and a list of action items. Meeting minutes will be distributed via e-mail and comments will be incorporated as appropriate. Phase 2 Pricing Development Design -Builder will provide a Phase 2 Price Proposal based on the Preliminary Design Documents. This pricing will be compiled in an open book format to give the Owner transparency into pricing development. Design -Builder will complete the following tasks to produce the Phase 2 Pricing Proposal: ► Generate a Phase 2 Price estimate based on the Preliminary Design. ► Develop a Procurement Plan for approval by the Owner. This Procurement Plan will identify how the Design -Builder will delineate the work scopes to complete construction of the project in Phase 2. The work will be divided into Subcontract Packages. Each Subcontract Package will be accompanied by a list of potential bidders. The Procurement Plan will also identify all permanent equipment and materials to be directly procured by the Design -Builder, accompanied by a list of proposed vendors and manufacturers for each. If the Design -Builder proposes to self - perform any work, this work will also be identified in the Procurement Plan. ► The Owner is seeking financing through the Missouri State Revolving Fund. As such, there are procurement requirements that the project will need to meet. The Procurement Plan will outline these requirements and describe PAGE 4 OF 5 how the requirements will be met through the subcontracting and procurement process. The Owner and Design - Builder will review this information jointly in the Procurement Plan to confirm the requirements are adequate. ► Design -Builder will conduct a prequalification process to confirm the proposed subcontractors meet the minimum safety and financial requirements to participate in the project. ► Design -Builder will develop Request for Proposal (RFP) documents for each subcontract and procurement package identified in the Procurement Plan. The RFP will include the necessary commercial and design documents to solicit competitive pricing from subcontractors and vendors at the Preliminary Design stage. ► The Design -Builder will conduct the procurement process for each subcontract and procurement package. This includes issuing the RFP documents to prequalified subcontractors and vendors, managing correspondence from bidders including receiving questions and responding through the issuance of addenda, conducting pre -bids and site walks with bidders as required, and receiving bidder proposals. ► Design -Builder will evaluate subcontractor and vendor proposals. This will include analyzing bid schedules submitted in the proposals, reviewing clarifications and exceptions provided by bidders, and conducting bid review meetings with bidders as required. The Design -Builder will use the data collected through this review process to tabulate the bids and provide a comparison for each package. The Design -Builder will use this information as an input into the Phase 2 Pricing Proposal. ► Design -Builder will develop a Phase 2 project schedule in critical path format that includes all final design and preconstruction activities. Design -Builder will host a Phase 2 Price review workshop with Owner to review the Phase 2 Price build-up/estimate, equipment bid tabs, proposed Phase 2 project schedule, clarifications, and proposed allowance items. MDNR Review/Coordination Design -Builder shall prepare and submit the plans and specifications to MDNR for their review and comment. Comments will be addressed and appropriately shown in the drawings to permit the project with the State of Missouri. PAGE 5 OF 5 I BMcD Total Labor ExpensesActivity Sub- Consultants Total Cost Hours Cost Direct Cost Project Management 248 -1.- $ 66,996 $64,416 $2,580 Project Team Kickoff Meeting 64 $14,807 $5,590 $ 20,397 Project Schedule 10 $2,516 $100 $ 2,616 Progress Meetings/Conference Calls 372 $86,498 $13,460 $ 99,958 Quality Control/Quality Assurance 162 $37,985 $1,520 $ 39,505 Review of Existing Studies, Reports, Flow/Load Data, & Design Documents 150 $30,832 $1,230 $ 32,062 Additional Equipment Scope Evaluation 184 $38,129 $1,530 $10,000 $ 49,659 Initial Project Scoping Opinion of Probable Construction Cost 24 $6,288 $250 $ 6,538 Survey 18 $4,372 $170 $11,600 $ 16,142 Geotechnical Investigation Assistance 46 $11,748 $470 $24,000 $ 36,218 Model Development 100 $19,885 $800 $ 20,685 Conceptual Design Documents/BODR 1,112 $238,906 $9,560 $ 248,466 Conceptual Design Documents/BODR Opinion of Probable Construction Cost 152 $38,827 $1,550 $ 40,377 Conceptual Design Documents/BODR Review Meeting 30 $7,546 $3,300 $ 10,846 Permitting 24 $5,112 $200 $ 5,312 Preliminary Design Documents 1,780 $378,500 $15,140 $ 393,640 Preliminary Design Documents Opinion of Probable Construction Cost 130 $33,079 $1,320 $ 34,399 Preliminary Design Documents Review Meeting 24 $6,022 $3,240 $ 9,262 Phase 2 Pricing Development 420 $101,600 $4,060 $ 105,660 MDNR Review/Coordination 24 $5,112 $200 $ 5,312 0 $0 $0 $ - 0 $0 $0 $ - Sub Total 5,074 $1,132,176 $66,270 $45,600 $1,244,046 Project Subtotals 5,074 $1,132,176 $66,270 $45,600 $1,244,046 Project Total $1,244,046 Prepared by BMcD 12/8/2022 Page 1 General Conditions of Contract Between Owner and Design -Builder This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. Table of Contents Article 1: General Article 2: Design -Builder's Services and Responsibilities Article 3: Owner's Services and Responsibilities Article 4: Hazardous Conditions and Differing Site Conditions Article 5: Insurance and Bonds Article 6: Payment Article 7: Indemnification Article 8: Time Article 9: Changes to the Contract Price and Time Article 10: Contract Adjustments and Disputes Article 11: Stop Work and Termination for Cause Article 12: Electronic Data Article 13: Miscellaneous Article 1 General 1.1 Mutual Obligations .1 Owner and Design -Builder commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract Documents. 1.2 Basic Definitions .1 Agreement refers to the executed contract between Owner and Design -Builder under DBIA Document No. 545, Progressive Design Build Agreement, as modified by the parties. .2 Not Used. .3 Construction Documents are the documents, consisting of Drawings and Specifications, to be prepared, furnished or assembled by the Design -Builder. .4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. .5 Design -Build Team is comprised of the Design -Builder, the Design Consultant, and key Subcontractors identified by the Design -Builder. .6 Design Consultant is a qualified, licensed design professional who may be an employee of Design -Builder, or who is retained by Design -Builder, or employed or retained by anyone under contract with Design -Builder, to furnish design services required under the Contract Documents. A Design Sub -Consultant is a qualified, licensed design professional who is not an employee of the Design Consultant, but is retained by the Design Consultant or employed or retained by any one under contract to Design Consultant, to furnish design services required under the Contract Documents. Owner recognizes that Design -Builder is an integrated company with in-house design capabilities and that the function of Design Consultant may, in some instances, be self - performed by Design -Builder. .7 Final Completion is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any items identified in the punch list prepared under Section 6.6.1 and the submission of all documents set forth in Section 6.7.2. .8 Force Majeure Events are those events that are beyond the control of both Design - Builder and Owner, including the events of war, terrorism, vandalism, floods, labor disputes, supply chain issues, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, acts or inactions of government, quarantines, pandemics, and other acts of God. .9 General Conditions of Contract refer to these General Conditions of Contract Between Owner and Design -Builder (2010 Edition), as modified by the parties. .10 Phase 2 Contract Price Amendment means the amendment to the Agreement for Phase 2 services comprised of the accepted Proposal as developed by Design -Builder in accordance with Section 2.3 of the Agreement between Owner and Design -Builder. .11 Phase 2 Proposal means that proposal developed by Design -Builder in accordance with Section 2.3 of the Agreement. .12 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 1 Rev 10_20_2010 DB-15 (DBIA 535-2010) be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements. .13 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. .14 Owner's Project Criteria are developed by or for Owner to describe Owner's program requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design -Builder's performance of the Work. .15 Site is the land or premises on which the Project is located. .16 Subcontractor is any person or entity retained by Design -Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers and shall not include the Design Consultants retained by the Design -Builder. .17 Sub -Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers. .18 Substantial Completion or Substantially Complete means the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes. .19 Work is comprised of all Design -Builder's design, construction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents. Article 2 Design -Builder's Services and Responsibilities 2.1 General Services .1 Design -Builder's Representative shall be reasonably available to Owner and shall have the necessary skill and experience required to supervise the Work. Design -Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder's Representative may be replaced only with the mutual agreement of Owner and Design -Builder, unless such person is no longer employed by Design -Builder, which shall not be unreasonably withheld by the Owner. It is understood and accepted that Design -Builder does not plan to have a full-time, on -site Superintendent or Project Manager until amount of Work on site warrants that level of presence on site. .2 Design -Builder shall provide Owner with a monthly status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work; (iv) status of the contingency account to the extent provided for in the Agreement; and (v) other items that require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s). .3 Unless a schedule for the execution of the Work has been attached to the Agreement as DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 2 Rev 10_20_2010 DB-15 (DBIA 535-2010) an exhibit at the time the Agreement is executed, Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section 2.1.4 hereof, a schedule for the execution of the Work for Owner's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design -Builder to achieve the Contract Time(s). The schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner's review of, and response to, the schedule shall not be construed as relieving Design - Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. .4 The parties will meet within seven (7) days after execution of the Agreement to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.2 Design Professional Services .1 Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant. 2.3 Standard of Care for Design Professional Services .1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. 2.4 Design Development Services .1 Design -Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Interim design submissions shall be consistent with the Basis of Design Documents, as the Basis of Design Documents may have been changed through the design process set forth in this Section 2.4.1. On or about the time of the scheduled submissions, Design -Builder and Owner shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any changes to the Basis of Design Documents, or, if applicable, previously submitted design submissions. Changes to the Basis of Design Documents, including those that are deemed minor changes under Section 9.3.1, shall be processed in accordance with Article 9. Minutes of the meetings, including a full listing of all changes, will be maintained by Design -Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and approve the interim design submissions and meeting minutes in a time that is consistent with the turnaround times set forth in Design -Builder's schedule. .2 Design -Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting and recorded in the meetings minutes. The parties shall have a design review meeting to discuss, and Owner shall DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 3 Rev 10_20_2010 DB-15 (DBIA 535-2010) review and approve, the Construction Documents in accordance with the procedures set forth in Section 2.4.1 above. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. .3 Owner's review and approval of interim design submissions, meeting minutes, and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions, meeting minutes, and Construction Documents shall be deemed to transfer any design liability from Design -Builder to Owner. .4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design - Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. .5 Upon completion of the Design Development Phase, the Design -Builder shall provide the Owner with drawings, outline specifications and other documents for written acceptance by the Owner. Owner shall provide written approval and / or comments within ten (10) working days of the receipt of the same. 2.5 Legal Requirements .1 Design -Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. .2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design - Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price. Such effects may include, without limitation, revisions Design -Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits .1 Except as identified in the Permit List attached as an exhibit to the Agreement as Design - Builder's responsibility, Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi -government entity having jurisdiction over the Project. .2 Design -Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility. 2.7 Design -Builder's Construction Phase Services .1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design -Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design -Builder to complete construction of the Project consistent with the Contract Documents. .2 Design -Builder shall perform all construction activities efficiently and with the requisite experience, skill and competence to satisfy the requirements of the Contract Documents. Design -Builder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction. .3 Design -Builder shall employ only Subcontractors who are duly licensed (where DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 4 Rev 10_20_2010 DB-15 (DBIA 535-2010) applicable) and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design -Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design -Builder's cost and/or time of performance. .4 Design -Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any negligent acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub -Subcontractor, including but not limited to any third -party beneficiary rights. .5 Design -Builder shall coordinate the activities of its Subcontractors. If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design - Builder agrees to reasonably cooperate with such separate contractors so that the Project can be completed in an orderly manner without unreasonable disruption. However, unless otherwise stated, Design -Builder is not responsible to schedule or coordinate Owner's separate contractors. .6 Design -Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design -Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design -Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. 2.8 Design -Builder's Responsibility for Project Safety .1 Design -Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on -Site or off - Site, and (iii) all other property at the Site or adjacent thereto. Design -Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design -Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, Design -Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design -Builder's personnel, Subcontractors and others as applicable. The Safety Representative may be the Design -Builder's Superintendent or Project Manager. .2 Design -Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner -specific safety requirements set forth in the Contract Documents, provided that such Owner -specific requirements do not violate any applicable Legal Requirement. Design -Builder will immediately report in writing any safety -related injury, loss, damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasi -government authorities having jurisdiction over safety - related matters involving the Project or the Work. .3 Design -Builder's responsibility for safety under this Section 2.8 is not intended in any way to relieve Subcontractors and Sub -Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injuries, losses, damages or accidents resulting from their performance of the Work. Design -Builder is not responsible for any safety violations, acts or omissions of the Owner or its separate contractors, consultants and their subcontractors. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 5 Rev 10_20_2010 DB-15 (DBIA 535-2010) 2.9 Design -Builder's Warranty .1 For a period of one year following Substantial Completion, Design -Builder warrants to Owner that the construction, including the materials and equipment furnished and procured by Design -Builder as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design -Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work in a commercially reasonable manner. Nothing in this warranty is intended to duplicate or limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this Section 2.9 or the Contract Documents. Design -Builder will provide Owner with all manufacturers' warranties upon Substantial Completion. .2 The Design -Builder agrees to assign to the Owner at the time of Final Completion of the Work manufacturer's warranties and/or guarantees relating to materials and equipment used in the Work. Owner agrees to look solely to such manufacturer(s) for remedies for defects in equipment and material, and not to Design -Builder. Design -Builder's sole obligation is to provide reasonable assistance to Owner in obtaining relief under such manufacturer's warranties. .3 The warranties and remedies provided in this Section 2.9 are in lieu of all other warranties and/or guarantees, express or implied, included but not limited to the implied warranties of merchantability and fitness for a particular purpose. All Design -Builder liability shall end upon expiration of the one-year warranty period, provided that Owner may continue to enforce any claim for which it has given notice prior to that date. Article 3 Owner's Services and Responsibilities 3.1 Duty to Cooperate .1 Owner shall, throughout the performance of the Work, cooperate with Design -Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design - Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design -Builder's performance of its obligations under the Contract Documents. .2 Owner shall provide timely reviews and approvals of interim design submissions and Construction Documents consistent with the turnaround times set forth in Design -Builder's schedule. .3 Owner shall give Design -Builder timely notice of any Work that Owner notices to be defective or not in compliance with the Contract Documents. 3.2 Furnishing of Services and Information .1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design -Builder's information and use the following, all of which Design -Builder is entitled to rely upon in performing the Work: .1 Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; .2 Geotechnical studies describing subsurface conditions, and other DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 6 Rev 10_20_2010 DB-15 (DBIA 535-2010) surveys describing other latent or concealed physical conditions at the Site; .3 Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project and enable Design -Builder to perform the Work; .4 A legal description of the Site; . 5 To the extent available, record drawings of any existing structures at the Site; and . 6 To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. .2 Owner is responsible for securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable Design -Builder to perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in securing these necessary agreements. 3.3 Financial Information .1 At Design -Builder's request, Owner shall promptly furnish reasonable evidence satisfactory to Design -Builder that Owner has adequate funds available and committed to fulfill all of Owner's contractual obligations under the Contract Documents. If Owner fails to furnish such financial information in a timely manner, Design -Builder may stop Work under Section 11.3 hereof or exercise any other right permitted under the Contract Documents. .2 Design -Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Design -Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design -Builder to assume obligations or responsibilities greater than those existing obligations Design -Builder has under the Contract Documents. .3 Any consent to assignment of this Agreement to Owner's lenders shall be conditioned upon Design -Builder being paid in full for all outstanding sums due at the time of the assignment, and upon the assignee being responsible for all of Owner's remaining obligations under this Agreement. 3.4 Owner's Representative .1 Owner's Representative shall be responsible for providing Owner -supplied information and approvals in a timely manner to permit Design -Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design -Builder with prompt notice if it observes any failure on the part of Design -Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Owner's Representative shall communicate regularly with Design -Builder and shall be vested with the authority to act on behalf of Owner. 3.5 Government Approvals and Permits .1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees set forth in the Permit List attached as an exhibit to the Agreement. .2 Owner shall provide reasonable assistance to Design -Builder in obtaining those permits, DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 7 Rev 10_20_2010 DB-15 (DBIA 535-2010) approvals and licenses that are Design -Builder's responsibility. 3.6 Owner's Separate Contractors .1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under Owner's control. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design -Builder in order to enable Design -Builder to timely complete the Work consistent with the Contract Documents. .2 Owner shall require its separate contractors to name Design -Builder as an additional insured on their general liability and excess/umbrella liability insurance and to waive rights of subrogation against Owner, Design -Builder and its Design Consultant, consistent with Section 5.3.5, below. Article 4 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions .1 Design -Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design -Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi -government entities with jurisdiction over the Project or Site. .2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts and contractors to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless, (iii) remove, abate and remediate such Hazardous Conditions. Design -Builder is entitled to rely on the information and work of Owner's separate experts and contractors as being complete and accurate. .3 Design -Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi -government entities having jurisdiction over the Project or Site. .4 Design -Builder will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. .5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. .6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions brought to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. To the fullest extent permitted by law, Design -Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents from DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 8 Rev 10_20_2010 DB-15 (DBIA 535-2010) and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions brought to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. .7 Design -Builder and Owner acknowledge and understand that Owner shall retain ownership of and title to any Hazardous Conditions at the Site. The parties agree that such Hazardous Conditions were not caused by and are not the responsibility of Design -Builder; and that Agreement or any documents or exhibits associated with the Agreement, do not attempt to nor do they actually transfer responsibility, liability, or ownership for Hazardous Conditions to Design -Builder. Under no circumstances shall Design -Builder assume ownership of or legal liability for such Hazardous Conditions under any law, rule, order, or regulation pertaining to Hazardous Conditions, or assume the status of generator, transporter, storer, treater, or disposal facility, or arranger of transport, storage, or disposal, for Hazardous Conditions. .8 Design -Builder makes no representation, warranty, or guarantee, express or implied, that the environmental consulting services will result in a complete resolution for Owner of responsibilities and liabilities for contaminants, Hazardous Conditions, and their residuals associated with the site, or that the site will become completely free of all contaminants and Hazardous Conditions or fit for all uses. No warranty shall apply to Design -Builder's environmental consulting services performed under this Agreement. Design -Builder's services are based upon the limited scope authorized by Owner. .9 If Design -Builder provides Owner with a written report in connection with the environmental consulting services performed, the report will present such findings and conclusions respecting the site as Design -Builder may reasonably make with the information gathered in accordance with the environmental consulting services. The report shall be based only upon Design -Builder's environmental consulting services. In preparing the report, Design - Builder may review and interpret certain information provided by third -parties, including government authorities, title companies, testing laboratories, and other entities. Design -Builder will not independently evaluate the accuracy or completeness of such information, and shall not be responsible for any errors or omissions contained in such information. Design -Builder's services will be performed solely for the benefit of Owner and not for the benefit of any other persons or entities. Nothing contained in the Agreement is intended to benefit anyone other than the parties hereto, nor to create a contractual relationship with, or a cause of action in favor of, a third -party. Design -Builder does not authorize any sharing of any information, report, or other deliverables, instruments of service or work product provided to Owner, with any third -party. If Owner shares with any third -party any information, report, or other deliverable, instrument of service, or work product as result of Design -Builder's environmental consulting services, Owner does so at its sole risk. Third -parties shall not rely on Design -Builder's environmental consulting services. Design -Builder assumes no liability for any decision or course of action by any third - party based on information and deliverables and environmental consulting services provided to Owner. Owner shall waive, release, and otherwise indemnify, defend, and hold harmless Design - Builder from any injury, damage, liability, cost, or expense brought by any third -party that arises out or is related to such unauthorized disclosure or sharing of Design -Builder's deliverables, instruments of service, or work product with any third -party. Certification or verification by Design - Builder of test results or reports constitute a statement of the professional judgment of Design - Builder based on the facts and data known to Design -Builder. Certification, verification, or other confirmation are not guarantees or warranties concerning current or future considerations or performance of the facilities surveyed, or that Owner or others will be entitled to any innocent land Owner or purchaser defenses that may be available under applicable environmental laws including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. 4.2 Differing Site Conditions .1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 9 Rev 10_20_2010 DB-15 (DBIA 535-2010) nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as "Differing Site Conditions." If Design - Builder encounters a Differing Site Condition, Design -Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. .2 Upon encountering a Differing Site Condition, Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than fourteen (14) days after such condition has been encountered. Design -Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. Article 5 Insurance and Bonds 5.1 Design -Builder's Insurance Requirements .1 Design -Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in the Insurance Exhibit to the Agreement. Coverage shall be secured from insurance companies authorized to do business in the state in which the Project is located, and with a minimum AM Best rating set forth in the Agreement. .2 Design -Builder's insurance shall specifically delete any design -build or similar exclusions that could compromise coverages because of the design -build delivery of the Project. .3 Prior to commencing any construction services hereunder, Design -Builder shall provide Owner with Acord certificates evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no insurance coverage will be canceled or renewal refused unless at least thirty (30) days prior written notice is given to Owner. If any of the foregoing insurance coverages are required to remain in force after final payment are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the Final Application for Payment. .4 Design -Builder shall include Owner as an additional insured on the Commercial General Liability, Automobile Liability and Umbrella/Excess Liability required policies. Nothing in this Agreement shall require the Design -Builder or its Design Consultants to name the Owner or others as additional insureds on any Professional Liability, Employer's Liability, or Workers Compensation policies. 5.2 Owner's Liability Insurance .1 Owner shall procure and maintain from insurance companies authorized to do business in the state in which the Project is located such liability insurance as required of Design -Builder in the Agreement, except Builder's Risk, to protect Owner from claims which may arise from the performance of Owner's obligations under the Contract Documents or Owner's conduct during the course of the Project. 5.3 Owner's Property Insurance .1 Owner shall procure and maintain from insurance companies authorized to do business in the state in which the Project is located property insurance for the existing property at the Project and for the Work upon Substantial Completion, to the full insurable value of the property or Work, including professional fees, overtime premiums and all other expenses incurred to DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 10 Rev 10_20_2010 DB-15 (DBIA 535-2010) replace or repair the insured property. The property insurance obtained by Owner shall be the broadest coverage commercially available, and shall include as additional insureds the interests of Owner, Design -Builder, Design Consultants and Subcontractors of any tier. Such insurance shall include but not be limited to the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, windstorm, debris removal and other perils or causes of loss as called for in the Contract Documents. The property insurance shall include physical loss or damage to the existing property at the Project and the Work (upon Substantial Completion), including materials and equipment in transit, and at the Site. The Owner is responsible for the payment of any deductibles under the insurance required by this Section 5.3.1 .2 Prior to Design -Builder commencing any Work, Owner shall provide Design -Builder with certificates evidencing that (i) all Owner's insurance obligations required by the Contract Documents are in full force and in effect and (ii) no insurance coverage will be canceled or renewal refused unless at least thirty (30) days prior written notice is given to Design -Builder. .3 Owner and Design -Builder waive against each other and Owner's separate contractors, Design Consultants, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein or that could be covered by property insurance, if self -insured, including deductibles, and including rights of subrogation, except such rights as they may have to the proceeds of such insurance. Design -Builder and Owner shall, where appropriate, require similar waivers of subrogation from Owner's separate contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. These waivers of subrogation shall not contain any restriction or limitation that will impair the full and complete extent of its applicability to any person or entity unless agreed to in writing prior to the execution of this Agreement. 5.4 Bonds and Other Performance Security .1 Owner requires Design -Builder to obtain performance and payment bonds. .2 All bonds furnished by Design -Builder shall be on the Design -Builder's form. The surety shall be a company qualified and registered to conduct business in the state in which the Project is located. Article 6 Payment 6.1 Schedule of Values .1 Unless required by the Owner upon execution of this Agreement, within ten (10) days of execution of the Agreement, Design -Builder shall submit for Owner's review and approval a schedule of values for all of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout the Work. .2 The Owner will timely review and approve the schedule of values so as not to delay the submission of the Design -Builder's first application for payment. The Owner and Design -Builder shall timely resolve any differences so as not to delay the Design -Builder's submission of its first application for payment. 6.2 Monthly Progress Payments .1 On or before the date established in the Agreement, Design -Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 11 Rev 10_20_2010 DB-15 (DBIA 535-2010) performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.4 hereof. .2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. .3 All discounts offered by Subcontractor, Sub -Subcontractors and suppliers to Design - Builder for early payment shall accrue one hundred percent to Design -Builder to the extent Design -Builder advances payment. Unless Owner advances payment to Design -Builder specifically to receive the discount, Design -Builder may include in its Application for Payment the full undiscounted cost of the item for which payment is sought. .4 The Application for Payment shall constitute Design -Builder's representation that the Work described herein has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon Design - Builder's receipt of payment. 6.3 Withholding of Payments .1 On or before the date established in the Agreement, Owner shall pay Design -Builder all amounts properly due. If Owner determines that Design -Builder is not entitled to all or part of an Application for Payment as a result of Design -Builder's failure to meet its obligations hereunder, it will notify Design -Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design -Builder must take to rectify Owner's concerns. Design -Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design -Builder may pursue its rights under the Contract Documents, including those under Article 10 hereof. .2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design -Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 6.4 Right to Stop Work and Interest .1 If Owner fails to pay timely Design -Builder any amount that becomes due, Design - Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to Section 11.3 hereof. All payments due and unpaid shall bear interest at the rate set forth in the Agreement. 6.5 Design -Builder's Payment Obligations .1 Design -Builder will pay Design Consultants and Subcontractors, in accordance with its contractual obligations to such parties, all the amounts Design -Builder has received from Owner on account of their work. Design -Builder will impose similar requirements on Design Consultants and Subcontractors to pay those parties with whom they have contracted. Provided Owner makes all payments to Design -Builder when due, Design -Builder will indemnify and defend Owner against any claims for payment and mechanic's liens as set forth in Section 7.3 hereof. 6.6 Substantial Completion .1 Design -Builder shall notify Owner when it believes the Work, or to the extent permitted in DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 12 Rev 10_20_2010 DB-15 (DBIA 535-2010) the Contract Documents, a portion of the Work, is Substantially Complete. Within five (5) days of Owner's receipt of Design -Builder's notice, Owner and Design -Builder will jointly inspect such Work to verify that it is Substantially Complete in accordance with the requirements of the Contract Documents. The Owner and Design -Builder shall prepare a written list (Punch List) of all incomplete items of Work existing at the time, including any deficiencies noted. If such Work is Substantially Complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design - Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. .2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner shall release to Design -Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. .3 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design -Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) Owner and Design -Builder agree that Owner's use or occupancy will not interfere with Design -Builder's completion of the remaining Work. .4 If Owner occupies or attempts to use any portion of the Work prior to Substantial Completion, it agrees to it does so at its own risk and shall sign any reasonable release or indemnity agreement required by Design -Builder as a condition of such use or occupancy. 6.7 Final Payment .1 After receipt of a Final Application for Payment from Design -Builder, Owner shall make final payment by the time required in the Agreement, provided that Design -Builder has achieved Final Completion. .2 At the time of submission of its Final Application for Payment, Design -Builder shall provide the following information: .1 an affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests, or that any existing liens have been bonded by Design -Builder; .2 a general release executed by Design -Builder waiving, upon receipt and bank clearance of final payment by Design -Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; .3 consent of Design -Builder's surety, if any, to final payment; .4 all operating manuals, warranties and other deliverables required by the Contract Documents; and .5 certificates of insurance confirming that required coverages will remain in DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 13 Rev 10_20_2010 DB-15 (DBIA 535-2010) effect consistent with the requirements of the Contract Documents. .3 Upon making final payment, Owner waives all claims against Design -Builder except claims relating to (i) Design -Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design -Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion and (iii) the terms of any special warranties required by the Contract Documents. .4 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the Punch List if discovered earlier, shall be deemed warranty Work. Such deficiencies shall be corrected by Design -Builder under Sections 2.9 and 2.10 herein, and shall not be a reason to withhold final payment from Design Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient work until such work is completed. Article 7 Indemnification 7.1 Patent and Copyright Infringement .1 Design -Builder shall defend any action or proceeding brought against Owner based on any claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Design -Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design -Builder shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys' fees and expenses awarded against Owner or Design -Builder in any such action or proceeding. Design -Builder agrees to keep Owner informed of all developments in the defense of such actions. .2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Design -Builder shall at its sole expense take reasonable steps to procure the right to operate or use the Work. If Design -Builder cannot so procure such right within a reasonable time, Design -Builder shall promptly, at Design - Builder's option and at Design -Builder's expense, (i) modify the Work so as to avoid infringement of any such patent or copyright or (ii) replace said Work with Work that does not infringe or violate any such patent or copyright. .3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Design -Builder to Owner or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless Design -Builder to the same extent Design -Builder is obligated to defend, indemnify and hold harmless Owner in Section 7.1.1 above. .4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between the parties relating to liability for infringement of violation of any patent or copyright. 7.2 Tax Claim Indemnification .1 If, in accordance with Owner's direction, an exemption for all or part of the Work is claimed for taxes, Owner shall indemnify, defend and hold harmless Design -Builder from and DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 14 Rev 10_20_2010 DB-15 (DBIA 535-2010) against any liability, penalty, interest, fine, tax assessment, attorneys' fees or other expenses or costs incurred by Design -Builder as a result of any action taken by Design -Builder in accordance with Owner's directive. Owner shall furnish Design -Builder with any applicable tax exemption certificates necessary to obtain such exemption, upon which Design -Builder may rely. 7.3 Payment Claim Indemnification .1 Providing that Owner is not in breach of its contractual obligation to make payments to Design -Builder for the Work, Design -Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design -Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design -Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond or Owner's indemnity bond. If Design -Builder fails to do so within thirty (30) days after receipt of written notice from Owner to do so, Owner will have the right to discharge the claim or lien and hold Design -Builder liable for costs and expenses incurred, including attorneys' fees. However, in the event that a lien is a result of disputed sums, the Owner shall give the Design - Builder reasonable time and opportunity to negotiate settlement with its Subcontractor prior to the Owner taking steps to discharge the lien directly. 7.4 Design -Builder's General Indemnification .1 Subject to Section 10.5 and any limitations in the Agreement, Design -Builder, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Owner, its officers, directors, and employees from and against losses, damages, and expenses, including reasonable attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself) to the extent resulting from the negligent acts or omissions of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable. .2 If an employee of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Design -Builder's indemnity obligation set forth in Section 7.4.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Design -Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. 7.5 Owner's General Indemnification .1 In addition to other specific indemnities elsewhere in this Agreement, Owner, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Design -Builder and any of Design -Builder's officers, directors, and employees, from and against losses, damages, and expenses including reasonable attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself) to the extent resulting from the negligent acts or omissions of Owner's separate contractors or anyone for whose acts any of them may be liable. .2 If an employee of Owner or its separate contractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Design -Builder, its officers, directors, employees, or agents, Owner's indemnity obligation set forth in Section 7.5.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Owner, Owner's separate contractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 15 Rev 10_20_2010 DB-15 (DBIA 535-2010) Article 8 Time 8.1 Obligation to Achieve the Contract Times .1 Design -Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the Agreement. 8.2 Delays to the Work .1 If Design -Builder is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design -Builder is responsible, the Contract Time(s) for performance shall be reasonably extended by Change Order. By way of example, events that will entitle Design -Builder to an extension of the Contract Time(s) include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events. .2 In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 above, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price. .3 For purposes of this Article 8, Force Majeure Events include not only adverse weather conditions, but the resulting impact on the Project after such weather condition ceases, such as mud, standing water, frozen soil or weather damage due to hail, high wind or other weather event. Article 9 Changes to the Contract Price and Time 9.1 Change Orders .1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design -Builder, stating their agreement upon all of the following: .1 The scope of the change in the Work; .2 The amount of the adjustment to the Contract Price; and .3 The extent of the adjustment to the Contract Time(s). .2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. .3 If Owner requests a proposal for a change in the Work from Design -Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design -Builder for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 16 Rev 10_20_2010 DB-15 (DBIA 535-2010) 9.2 Work Change Directives .1 A Work Change Directive is a written order prepared and signed by Owner, directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). .2 Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 9.3 Minor Changes in the Work .1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design -Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however that Design -Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design -Builder. 9.4 Contract Price Adjustments .1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: .1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties; .2 A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; .3 Costs, fees and any other markups set forth in the Agreement; and .4 If an increase or decrease cannot be agreed to as set forth in items .1 through .3 above and Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. .2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design - Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. .3 If Owner and Design -Builder disagree upon whether Design -Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design -Builder shall resolve the disagreement pursuant to Article 10 hereof. As part of the negotiation process, Design -Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design -Builder to perform the services in accordance with Owner's interpretations, Design - Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design -Builder (i) directing Design -Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. If this occurs, Design -Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 17 Rev 10_20_2010 DB-15 (DBIA 535-2010) Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design -Builder does not prejudice Design -Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 9.5 Emergencies .1 In any emergency affecting the safety of persons and/or property, Design -Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this Article 9. Article 10 Contract Adjustments and Disputes 10.1 Requests for Contract Adjustments and Relief .1 If either Design -Builder or Owner believes that it is entitled to relief against the other for any event arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions of Contract. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty- one (21) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. 10.2 Dispute Avoidance and Resolution .1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design -Builder and Owner each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. .2 Design -Builder and Owner will first attempt to resolve disputes or disagreements at the field level through discussions between Design -Builder's Representative and Owner's Representative which shall conclude within fourteen (14) days of the written notice provided for in Section 10.1.1 unless the Owner and Design -Builder mutually agree otherwise. .3 If a dispute or disagreement cannot be resolved through Design -Builder's Representative and Owner's Representative, Design -Builder's Senior Representative and Owner's Senior Representative, upon the request of either party, shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Five (5) days prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. .4 If after meeting the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit within thirty (30) days of the conclusion of the meeting of Senior Representatives the dispute or disagreement to non -binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the parties. The mediation DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 18 Rev 10_20_2010 DB-15 (DBIA 535-2010) will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Unless otherwise mutually agreed by the Owner and Design -Builder and consistent with the mediator's schedule, the mediation shall commence within ninety (90) days of the submission of the dispute to mediation. .5 In the event that a dispute arises between the parties is submitted to mediation under this Section, the parties agree to split the mediator's and any filing fees equally. The mediation shall be held in Kansas City, Missouri. In the event that it is necessary to file a lawsuit or demand arbitration in order to meet the requirements of a statute of limitations which is about to expire, the parties agree, nonetheless, to submit the dispute to mediation within thirty (30) days after the filing of such lawsuit or demand. Any agreements reached in mediation shall be enforceable as a settlement agreement. 10.3 Arbitration .1 Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 10.2 above shall be decided by arbitration. The number of arbitrators shall be one (1) and the place of the arbitration shall be Kansas City, Missouri, unless the parties agree otherwise in writing. .2 The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the courts. Judgment may be entered upon it in accordance with applicable law by any court having jurisdiction thereof. .3 Design -Builder and Owner expressly agree that any arbitration pursuant to this Section 10.3 may be joined or consolidated with any arbitration involving any other person or entity (i) necessary to resolve the claim, dispute or controversy, or (ii) substantially involved in or affected by such claim, dispute or controversy. Both Design -Builder and Owner will include appropriate provisions in all contracts they execute with other parties in connection with the Project to require such joinder or consolidation. .4 The prevailing party in any arbitration, or any other final, binding dispute proceeding upon which the parties may agree, shall be entitled to recover from the other party reasonable attorneys' fees and expenses incurred by the prevailing party. A "prevailing party" is one who wins more than 75% of what it claimed was owed, or one who defends more than 75% of the opposing party's claim. 10.4 Duty to Continue Performance .1 Unless provided to the contrary in the Contract Documents, Design -Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design - Builder, pending the final resolution of any dispute or disagreement between Design -Builder and Owner. 10.5 CONSEQUENTIAL DAMAGES .1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY (EXCEPT AS SET FORTH IN SECTION 10.5.2 BELOW), NEITHER DESIGN -BUILDER NOR OWNER SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, ANTICIPATED PROFITS, PRODUCTION, BUSINESS, REPUTATION OR FINANCING, RETURN ON INVESTMENT, OR INCREASED COST OF OPERATION,. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 19 Rev 10_20_2010 DB-15 (DBIA 535-2010) .2 The consequential damages limitation set forth in Section 10.5.1 above is not intended to affect the payment of liquidated damages or lost early completion bonus, if any, set forth in Article 5 of the Agreement, which both parties recognize has been established, in part, to reimburse Owner or reward Design -Builder for some damages that might otherwise be deemed to be consequential. Article 11 Stop Work and Termination for Cause 11.1 Owner's Right to Stop Work .1 Owner may, without cause and for its convenience, order Design -Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. .2 Design -Builder is entitled to seek an adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of the Work by Owner. 11.2 Owner's Right to Perform and Terminate for Cause .1 If Design -Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below. .2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide written notice to Design -Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design -Builder's receipt of such notice. If Design -Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design -Builder of its intent to terminate within an additional seven (7) day period. If Design -Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design -Builder of such declaration. .3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased for the Work, which are planned to be turned -over as part of the Work or planned for consumption of the Work, all of which Design -Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Design -Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design -Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design -Builder will only be entitled to be paid for Work performed prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design -Builder shall be obligated to pay the difference to DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 20 Rev 10_20_2010 DB-15 (DBIA 535-2010) Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in connection with the reprocurement and defense of claims arising from Design -Builder's default, subject to the waiver of consequential damages set forth in Section 10.5 hereof. .4 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Article 8 of the Agreement. .5 Design -Builder shall not be liable for the Work (including, but not limited to, equipment installation) that is incomplete due to a termination by Owner for cause or for convenience under this Agreement, including without limitation, any errors, omissions or defects in such designs or Work which Design -Builder is prevented from correcting and completing due to any termination. .6 Owner shall pay Design -Builder as a Cost of the Work to make reasonably safe any incomplete Work or Site conditions left open due to any termination under this Agreement. Thereafter, Owner assumes full risk and control of the Site. 11.3 Design -Builder's Right to Stop Work .1 Design -Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop the Work for the following reasons: .1 Owner's failure to provide financial assurances as required under Section 3.3 hereof; or .2 Owner's failure to pay amounts properly due under Design -Builder's Application for Payment. .2 Should any of the events set forth in Section 11.3.1 above occur, Design -Builder has the right to provide Owner with written notice that Design -Builder will stop the Work unless said event is cured within seven (7) days from Owner's receipt of Design -Builder's notice. If Owner does not cure the problem within such seven (7) day period, Design -Builder may stop the Work. In such case, Design -Builder shall be entitled to make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted by such stoppage. 11.4 Design -Builder's Right to Terminate for Cause .1 Design -Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: .1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof, provided that such stoppages are not due to the acts or omissions of Design -Builder or anyone for whose acts Design -Builder may be responsible. .2 Owner's failure to provide Design -Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design -Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof. .3 Owner's failure to cure the problems set forth in Section 11.3.1 above DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 21 Rev 10_20_2010 DB-15 (DBIA 535-2010) after Design -Builder has stopped the Work. .2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design -Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem, then Design - Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design -Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design -Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Article 8 of the Agreement. 11.5 Bankruptcy of Owner or Design -Builder .1 If either Owner or Design -Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: .1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non -Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and .2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations, the non - Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non -Bankrupt Party under this Article 11. .2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the ability of the non -Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design -Builder to stop Work under any applicable provision of these General Conditions of Contract. Article 12 Electronic Data 12.1 Electronic Data. The parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design -Builder and others in electronic media as an alternative to paper hard copies (collectively "Electronic Data"). 12.2 Transmission of Electronic Data .1 Owner and Design -Builder shall agree upon the software and the format for the DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 22 Rev 10_20_2010 DB-15 (DBIA 535-2010) transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed -upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. .2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. .3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 12.3 Electronic Data Protocol .1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3. .2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above, including file conventions and document properties, unless prior arrangements are made in advance in writing. .3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. .4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. Article 13 Miscellaneous 13.1 Confidential Information .1 Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 23 Rev 10_20_2010 DB-15 (DBIA 535-2010) considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the Project. 13.2 Assignment .1 Neither Design -Builder nor Owner shall, without the written consent of the other assign, transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 13.3 Successorship .1 Design -Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. 13.4 Governing Law .1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project, without giving effect to its conflict of law principles. Arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. sec. 1, et seq. 13.5 Severability .1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 13.6 No Waiver .1 The failure of either Design -Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 13.7 Headings .1 The headings used in these General Conditions of Contract, or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 13.8 Notice .1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the facsimile number of the intended recipient, or (iv) if transmitted by email with receipt confirmation received by the transmitting party, by the time stated in the receipt confirmation. 13.9 Amendments .1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 24 Rev 10_20_2010 DB-15 (DBIA 535-2010) Clean Water State Revolving Fund Specifications Requirements State Revolving Fund: The Missouri State Revolving Fund, established by the sale of Missouri Water Pollution Control bonds and federal Capitalization Grants to Missouri, is financing this project. Equal Employment Opportunity and Nondiscrimination in Employment — 41 CFR 60-4; E.O. 11246: 41 CFR 60-4 published April 7, 1978 and amended October 3, 1980, requires that the SRF funding applicant and selected bidders comply with Executive Order 11246 for bids, contracts, and subcontracts for all federally assisted construction contracts exceeding $10,000. The specifications explain the requirements for bidders and contractors under E.O. 11246. • Bidders please see document titled "Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)" Disadvantaged Business Enterprises (DBE) (includes Minority -owned Business Enterprises/Women-owned Business Enterprises, MBE/WBE) — 40 CRF Part 33, 10 CSR 20-4.040(17), E.O. 11625 and 12138: The applicant is an Equal Opportunity Employer and invites the submission of bids from Disadvantaged Business Enterprises. • Bidders please see document titled "Missouri State Revolving Fund Procedures for Implementation Minority Business Enterprise/Women's Business Enterprise" • Bidders please see Missouri Executive Order 05-30 • Bidders please see Missouri Executive Order 15-06 ➢ The selected bidders must complete the "Missouri State Revolving Fund Disadvantaged Business Enterprise (Minority and Women's Business Enterprise) Utilization Worksheet" Employment of Unauthorized Aliens Prohibited — &285.530 RSMo: Pursuant to §285.530.1, RSMo, the contractor assures that it, as well as its subcontractors, does not knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri, and shall affirm, by sworn affidavit and provision of documentation, its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further, the contractor assures that it, as well as its subcontractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. In accordance with §285.525 to 285.550, RSMo a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of §285.530, RSMo if the contract binding the contractor and subcontractor affirmatively states that the direct subcontractor is not knowingly in violation of subsection 1 of §285.530, RSMo and shall not henceforth be in such violation and the contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor's employees are lawfully present in the United States. ➢ The selected contractor(s) must complete the "Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization" form. ➢ In addition, the selected contractor(s) must enroll in the federal E -verify system, provide supporting documentation of enrollment, and provide verification documentation for enrollment in the Federal E - Verify system. Davis -Bacon Act: • Bidders please see "Davis Bacon Act Requirements" • Bidders please see "Davis -Bacon Act Requirements Funding Recipient Requirements" Contract Work Hours and Safety Standards Act — 40 U.S.C. 327-330: The contractor(s) and subcontractor(s) shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). U.S. Environmental Protection Agency Certification of Non -segregated Facilities: ➢ The selected bidders must complete this form. OSHA Training — &292.675, RSMo: Any person signing a contract to work on the construction of public works for any public body shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction Updated July 8, 2022 Page 1 of 5 Clean Water State Revolving Fund Specifications Requirements safety program for their on -site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. All employees are required to complete the program within sixty days of beginning work on such construction project. Debarment and Suspension —10 CSR 20-4.040(17): E.O. 12549: The Code of Federal Regulations at Title 2, Part 180, prohibits participation in USEPA funded contracts by persons excluded or disqualified from doing business with the federal government. Bidders are responsible for advising the Owner if they are excluded or disqualified, and to check whether subcontractors they intend to use are excluded or disqualified. All tiers of subcontractors have the same responsibility to notify the one for which they are providing services if they are excluded or disqualified, and to check the status of any subcontractors they intend to use. Status can be checked on the System for Award Management (SAM) located on the Internet at https://www.sam.gov/SAM/. All subcontracts at any tier should include this language. > The selected bidders must complete the "Certification Regarding Debarment and Suspension" form. Small Business Act — P.L. 100-590: Prior to awarding contracts, the SRF funding applicant and any contractor awarding subcontracts must take the following affirmative steps in accordance with Section 129 of Public Law 100- 590, Small Business Administration Reauthorization and Amendment Act of 1988: a. Placing Small Business in Rural Areas (SBRA) on solicitation lists; b. Ensuring that SBRAs are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; d. Establishing delivery schedules, where the requirements of work will permit which would encourage participation by SBRAs; and e. Utilizing the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate. Award of Contract —10 CSR 20-4.040(18): The applicant will award the contract to the lowest responsive, responsible bidder. The contract must be for a firm fixed -price. The contract award will be awarded only to responsible contractors possessing the ability to perform successfully, which will be determined by considering such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. Central Contractor Registration: In accordance with the Federal Funding Accountability Act of 2006, the contractor assures that it, as well as its subcontractor(s), shall register in the the System for Award Management (SAM). SAM is the Official U.S. Government system that consolidated the capabilities of Central Contractor Registration (CCR)/FedReg, Online Representations and Certifications Application (ORCA), and Excluded Parties List System (EPLS). There is NO fee to register for this site. If you had an active record in CCR, you have an active record in SAM. You do not need to do anything in SAM at this time, unless a change in your business circumstances requires updates to your Entity record(s) in order for you to be paid or receive an award, or you need to renew your Entity(s) prior to its expiration. To update or renew your Entity records(s) in SAM, you will need to create a SAM User Account located on the Internet at https://www.sam.gov and link it to your migrated Entity records. You will need a user account to search for registered entities in SAM. If the prime contractor is not currently registered in SAM, they are required to do so, as their status will be checked in SAM using the Unique Entity Identifier (UEI) provided by SAM. Privity of Contract: The Missouri Department of Natural Resources, its divisions, nor its employees are or will be a party to the contract(s) at any tier. Protests: Neither the U.S. Environmental Protection Agency (USEPA) nor the Missouri Department of Natural Resources will be involved in protest(s) and their resolution. Updated July 8, 2022 Page 2 of 5 Clean Water State Revolving Fund Specifications Requirements Domestic Products Procurement Law —10 CSR 20-4.040(17); §&34.350 - 34.359 RSMo: All manufactured goods or commodities used or supplied in the performance of any contract or subcontract awarded on this project shall be manufactured, assembled or produced in the United States, unless obtaining American -made products would increase the cost of the contract by more than ten percent (10%). In accordance with §34.350 through 34.359 RSMo, a waiver may be requested from the owner. ➢ The selected bidders must complete the "Domestic Products Procurement Act — §§34.350 - 34.359 RSMo Certification" form. Anti -Lobbying Act — P.L. 101-121: Sub -recipients who request or receive from the grant recipient a sub -grant, contract, or sub -contract exceeding $100,000, at any tier under a federal grant shall comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, and file an Anti -Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above. • Selected bidders must complete one of the following forms: o If the selected bidder lobbied on the behalf of this project, the contractor will complete the "Disclosure of Lobbying Activities" form. o If the selected bidder did not lobby on the behalf of this project, the contractor will complete the "Certification Regarding Lobbying" form. Record Retention: The contractor(s) and sub-contractor(s) shall retain all project related records for three years after final payment(s) and all other pending matters are closed. Access to Construction Site and Contract Records —10 CSR 20-4.040(17); Clean Water Act sec. 308 (B)i: The contractor shall provide access to the project site and project records by, the Missouri State Auditor, the Missouri Department of Natural Resources, the Missouri Clean Water Commission, the Environmental Improvement and Energy Resources Authority, the USEPA, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Payment Provisions —10 CSR 20-4.040(20): The owner shall make payment to the contractor in accordance with §8.960, RSMo. Retainage can be no more than 5%. False Claims Act: The contractor(s) and sub-contractor(s)s, if required by future OMB guidance, shall promptly refer to the State of Missouri or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. Clean Air Act - 42 U.S.C. 7506(C): The contractor(s) and sub-contractor(s) shall comply with the Clean Air Act. Clean Water Act - 33 U.S.C. 1368: The contractor(s) and sub-contractor(s) shall comply with the Clean Water Act. Energy Efficiency Requirements — Energy Policy and Conservation Act (P.L.94-163, 89 Stat. 871): The contractor(s) and sub-contractor(s) shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871). Recycled Materials — U.S.C. 6962 (RCRA Section 6002): In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA), preference shall be given to the procurement of specific products containing recycled materials identified in guidelines developed by the USEPA. Current guidelines are contained in 40 CFR Part 247-254. Historical and Archaeological — P.L. 93-291: If during the course of construction evidence of deposits of historical or archaeological interest is found, the contractor shall cease operations affecting the find and shall notify the owner who shall notify the Missouri Department of Natural Resources and the Director, Division of State Parks, P.O. Box 176, Jefferson City, Missouri 65102-0176, Telephone (573) 751-2479. The contractor shall halt any further disturbances of the deposits until notified by the owner that they may proceed. The owner will issue a notice to Updated July 8, 2022 Page 3 of 5 Clean Water State Revolving Fund Specifications Requirements proceed only after the state official has surveyed the find and made a determination to the Missouri Department of Natural Resources and the owner. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the specifications. Missouri Products — Chap. 71.140 RSMo: Preference shall be given to Missouri products in accordance with Chapter 71.140, Revised Statutes of Missouri. • This applies to loan only funded projects. Please contact the solicitor to determine if applicable to this project. Missouri Firms — §34.076 RSMo: Pursuant to §34.076, Revised Statutes of Missouri, preference shall be given to those persons doing business as Missouri firms, corporations, or individuals, or which maintain Missouri offices or places of business, when the quality of performance promised is equal or better and the price quoted is the same or less. In addition, in order for a non -domiciliary Missouri bidder to be successful, his bid must be that same percentage lower than a domiciliary Missouri bidder's bid, as would be required for a Missouri bidder to successfully bid in the non-domiciliary's state. • This applies to loan only funded projects. Please contact the solicitor to determine if applicable to this project. Prohibition on certain telecommunications and video surveillance services or equipment Certification — 2 CFR 200.216: In accordance with 2 CFR 200.216, recipients and sub -recipients are prohibited from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Anti -Discrimination Against Israel Act — §34.600, RSMo: In compliance with §34.600 RSMo, the contracting company certifies that it is not currently engaged in and shall not, for the duration of the contract, engage in a boycott of goods or services from the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel, in accordance with §34.600, RSMo. Any contract that fails to comply with the provisions of this section shall be void against public policy. • This provision does not apply to contracts with a total potential value of less than one hundred thousand dollars or to contractors with fewer than ten employees. American Iron and Steel — Sec. 608(a) of the Federal Water Pollution Control Act: In accordance with Sec. 608(a) of the Federal Water Pollution Control Act, the Participant assures that it, as well as its contractors and sub- contractors, will only use iron and steel products in the Project which are produced in the United States in a manner consistent with United States obligations under international agreements. The term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The Participant understands that this requirement may only be waived by the applicable federal agency in limited situations as set out in §608(d) of the Federal Water Pollution Control Act. The contractor shall submit all AIS certifications for any iron and steel requested for reimbursement. No applicable items will be reimbursed without the necessary AIS documentation. Updated July 8, 2022 Page 4 of 5 Clean Water State Revolving Fund Specifications Requirements • Please see AIS guidance titled "Implementation of American Iron and Steel provisions." • Please see AIS waivers: o De-Minimis Waiver o National Product Waiver for Pig Iron and Direct Reduced Iron for State Revolving Fund Projects o National Product Waiver for Minor Components within Iron and Steel Products (with cost ceiling) for State Revolving Fund Projects • Contractors bidding on this project must complete and include with their bid the "American Iron and Steel Certification" form. Updated July 8, 2022 Page 5 of 5 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction Contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL REGISTER in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and training programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting it's EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than once month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m.Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory affect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. n. Ensure that all facilities and company activities re nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications providing that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligation under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41-CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade Goals for female participation in each trade All years % 6.9% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any) Current goals for minority and female participation for each trade can be found at the US Depai lment of Labor, Office of Federal Contract Compliance Programs (OFCCP) compliance assistance guides https://www.dol.gov/ofccp/CAGuides/. Construction Technical Assistance Guide https://www.dol.gov/ofccp/TAguides/TAC FedContractors JRF QA 508c.pdf 5/17/18 MISSOURI STATE REVOLVING FUND Procedures for Implementation Minority Business Enterprise/Women's Business Enterprise Each bidder/offeror must fully comply with the requirements, terms, conditions of 40 CFR Part 33 and DNR's regulations to award a fair share of subagreements to minority and women's business enterprises. The bidder/offeror commits itself to taking affirmative steps and complying with the Six Good Faith Efforts contained herein. Bidders/offerors will take affirmative steps prior to submission of bids/proposals. Affirmative Steps 1. When feasible, segmenting total work requirements to permit maximum minority business and women business enterprises (MBE/WBE) participation. 2. Assuring that MBEs and WBEs are solicited whenever they are potential sources of goods or services. This step may include: a. Sending letters or making other personal contacts with MBEs and WBEs (e.g. those whose names appear on lists prepared by the Missouri Office of Administration, the Missouri Department of Transportation, or the funding recipients and other MBEs and WBEs known to the bidder/offeror.) MBEs and WBEs should be contacted when other potential subcontractors are contacted, within reasonable time (fifteen days) prior to bid submission or closing date for receipt of initial offers. Those letters or other contacts should communicate the following: i. Specific description of the work to be subcontracted; ii. How and where to obtain a copy of plans and specifications or other detailed information needed to prepare a detailed price quotation; iii. Date the quotation is due to the bidder/offeror; iv. Name, address, and phone number of the person in the bidder/offeror's firm whom the prospective MBE/WBE subcontractor should contact for additional information. b. Sending letters or making other personal contacts with local, state, federal and private agencies and DBE associations relevant to the project. Such contacts should provide the same information provided in the direct contacts to DBE firms. 3. Where feasible, establishing delivery schedules which will encourage participation by MBEs and WBEs. 1 5/17/18 Determination of Compliance It is to be noted that bidders/offerors must demonstrate compliance with DBE requirements in order to be deemed responsible. Demonstration of compliance shall include, but is not limited to, the following information: 1. Names, addresses and phone numbers of MBEs/WBEs expected to perform work; 2. Work to be performed by the MBEs and WBEs; 3. Aggregate dollar amount of work to be performed by MBEs and WBEs, showing aggregate to MBEs and aggregate to WBEs separately; 4. Description of contacts to MBE and WBE organizations, agencies and associations which serve MBEs/WBEs, including names of organizations, agencies and associations and dates of contacts; 5. Description of contacts to MBEs and WBEs, including number of contacts, fields, (i.e. equipment or material supplier, excavators, transport services, electrical subcontractors, plumbers, etc.) and dates of contacts. The Six Good Faith Efforts, and Minority and Women's Business Enterprise Utilization Worksheet shall be included in the specifications. All bidders/offerors should complete the Minority and Women's Business Enterprise Utilization Worksheet and submit to the funding recipient prior to contract award. Additional information on DBE requirements can be found at https://www.epa.gov/osbp/dbe team.htm Lists of Certified Disadvantaged Business Enterprises — To help comply with the Six Good Faith Efforts, please visit the following web sites to access existing lists of certified DBEs: Small Business Administration https://dsbs.sba.gov/dsbs/search/dsp dsbs.cfm Missouri Department of Transportation https://www.modot.mo.gov/ecr/index.htm Office of Equal Opportunity https://oeo.mo.gov/ The contractor shall not discriminate on the basis of race, color, nation origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. 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 other legally available remedies. (Funding recipients may establish alternative methods of compliance equivalent to or more stringent than the above.) 2 5/17/18 "Six Good Faith Efforts" The Six Good Faith Efforts are required methods to be used by all Loan and Grant recipients to ensure that all disadvantaged business enterprises (DBEs) have the opportunity to compete for procurements funded by EPA financial assistance dollars. The prime contractor must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the recipient. A recipient must be notified in writing by its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor. If a DBE subcontractor fails to complete work under its subcontract for any reason, the recipient must require the prime contractor to employ the six good faith efforts described below if soliciting a replacement subcontractor. A recipient must require its prime contractor to employ the six good faith efforts even if the prime contractor has achieved its Fair Share Goals. The current Fair Share Goals are 10% for Minority Business Enterprises and 5% for Women Business Enterprises in accordance with 40 CFR, Part 33, Subpart D. The Six Good Faith Efforts are: 1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before bid or proposal closing date. 3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and Local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 5. Use the services and assistance of the SBA and the Minority Business development Agency of the Department of Commerce. 6. If the prime contractor awards subcontracts, require the prime contractor to take the above steps. 3 5/17/18 MISSOURI STATE REVOLVING FUND DISADVANTAGED BUSINESS ENTERPRISE (MINORITY AND WOMEN'S BUSINESS ENTERPRISE) UTILIZATION WORKSHEET Funding Recipient Project No.: Contractor/Engineer: Contract Name: Contract Contact Person: Contractor MBE/WBE: Yes OA / MODOT / EPA Certification No.: Address: No Telephone No.: Amount of Contract Email Address Total Contract MBE% WBE % 1. MBE Subcontractor WBE Address Contact Person Email Address: OA MBE/WBE Certification Number Telephone No. MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 2. MBE Subcontractor WBE Address Contact Person Email Address: OA MBE/WBE Certification Number Telephone No. MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 4 5/17/18 3. MBE Subcontractor WBE Address Contact Person Email Address: Telephone No. OA MBE/WBE Certification Number MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 4. MBE Subcontractor WBE Address Contact Person Email Address: OA MBE/WBE Certification Number Telephone No. MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 5. MBE Subcontractor WBE Address Contact Person Email Address: OA MBE/WBE Certification Number Telephone No. MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 6. MBE Subcontractor WBE Address Contact Person Email Address: OA MBE/WBE Certification Number Telephone No. MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 5 5/17/18 Comments: Prepared By: Telephone Number: Date: 6 EXECUTIVE ORDER 05-30 RECEIVED & FILED SEP 0 8 2005 S10N I SION WHEREAS, since 1990, the Office of Administration, State of Missouri has endeavored to "establish and implement a plan to increase and maintain the participation of certified socially and economically disadvantaged small business concerns or minority business enterprises, directly or indirectly, in contracts for supplies, services, and construction contracts, consistent with targets determined after an appropriate study conducted to determine the availability of socially and economically disadvantaged small business concerns and minority business enterprises in the marketplace;" pursuant to Senate Bills 808 & 672 passed by the General Assembly and signed into law by then Governor Ashcroft; and WHEREAS, such a study was conducted and found statistically significant disparities in state contractual expenditures for construction and the purchase of goods and services, as compared to the ready, willing and able minority and women -owned business enterprises (M/WBEs) in the state; and WHEREAS, Executive Order 98-21 established goals to increase the percentage of goods and services procured from certified M/WBEs; and WHEREAS, the goals for M/WBE participation established in Executive Order 98-21 have not been substantially met; and statistically significant disparities in state contractual expenditures for construction and the purchase of goods and services from minority and women -owned businesses in the state still exist; and WHEREAS, on September 27, 2004, Behavioral Interventions, Inc. filed a lawsuit in the U.S. District Court, in the Western District of Missouri challenging the propriety of Missouri's M/WBE program. In January 2005, a preliminary injunction was issued ordering the Office of Administration, State of Missouri to suspend the placing of M/WBE requirements in any procurement by the State of Missouri. Because of the uncertainty created in the aftermath of the litigation, the program has undergone comprehensive revision not only to withstand constitutional scrutiny, but also to more adequately address the compelling needs and obstacles of minority and women -owned businesses to gain greater access to business opportunities, both public and private, within the state of Missouri; and WHEREAS, the State of Missouri is dedicated to the compelling governmental interest in remedying race and sex based discrimination in a manner consistent with state and federal law; and WHEREAS, the State of Missouri is committed to enhancing the economic health and prosperity of the state by promoting the greater use of minority and women -owned businesses. Job creation for Missouri residents, and therefore the success of minority and women -owned businesses, are paramount goals of this Administration; and WHEREAS, the State of Missouri will gain enormously from improvements in expanded business opportunities for Missouri residents created by the expansion of minority and women -owned businesses and through the additional tax revenues generated by those individuals and businesses; and WHEREAS, to further these goals, which are of the highest priority of this Administration, it is the policy of this Administration to develop economic opportunities for minority and women -owned businesses wherever possible. NOW, THEREFORE, I, Matt Blunt, Governor of the State of Missouri, under the authority vested in me under the constitution and the laws of this state, to fulfill the mandate of the General Assembly in Senate Bills 808 & 672 and to pursue the compelling interest of remedying discrimination, do hereby declare the following narrowly tailored policies and procedures shall be adopted by the Executive Branch of state government in procuring all types of goods and services: 1. The Office of Supplier and Workforce Diversity (OSWD) is established to replace the Office of Equal Opportunity. All the authority, powers and privileges of the Office of Equal Opportunity is transferred to the OSWD. The Director of OSWD shall be appointed by the Governor. The Director of OSWD shall report to the Commissioner of Administration. The Director shall have primary responsibility for assisting in the coordination and implementation of affirmative action throughout all departments of the executive branch of state government, including programs to increase M/WBE participation, and advising the Governor on issues regarding equal employment opportunity, affirmative action, and efforts to administer affirmative action goals and timetables for implementation throughout the departments of the executive branch. The Office of State Compliance Officer is hereby abolished. The Director of OSWD shall be the State's chief compliance officer for the executive branch of state government to ensure that the State of Missouri is complying with all federal and state laws concerning equal employment opportunity and affirmative action. If needed, the Director shall assist each department in developing an Affirmative Action Plan of Implementation. Additionally, the Director of OSWD shall review progress reports of the departments and shall meet biannually with each department director to evaluate departmental results and determine the course of future affirmative action goals, timetables, recruiting, planning, and implementation. The results of each meeting shall be reported in writing to the Governor and Commissioner of Administration. Not later than January first of each calendar year, the Director of OSWD shall provide a report to the Governor and the Commissioner of Administration which summarizes the activities of each department pursuant to this Order and which contains recommendations for additional programs to accomplish the purposes of this Order. The Commissioner of Administration shall provide the Director of OSWD with such facilities, staff, resources, equipment, and supplies as are necessary to carry out the duties set forth herein. The Director of OSWD shall submit a proposal each fiscal year to the Commissioner of Administration detailing the needs of the Office of Supplier and Workforce Diversity. 2. All state agencies shall continue to make every feasible effort to target the percentage of goods and services procured from certified MBEs and WBEs to 10% and 5%, respectively. These efforts shall include participation in an Executive Branch Contract Compliance Council which shall, in cooperation with the OSWD, review procurement efforts to assist in meeting the requirements of this Executive Order. 3. The Divisions of Purchasing and Materials Management (PMM) and Facilities Management, Design and Construction (FMDC) within the Office of Administration shall be authorized to implement the following programs to increase M/WBE procurement: a. PMM shall be authorized to encourage prime contractors to subcontract with M/WBEs on all contracts of $100,000 or greater. OSWD contracts shall include a provision for participation which will allow the bidders to tailor a plan to fit the contract. Mandatory percentage goals of M/WBE participation shall not be established in violation of federal or state law. M/WBE participation shall be encouraged by PMM in consultation with OSWD and the user agency depending on the availability of M/WBE vendors in the applicable commodity/service and geographical area. PMM shall consider M/WBE participation as a significant factor in a contract bid. The M/WBE participation will be evaluated along with other criteria in the award of a bid. It is intended that 10% MBE and 5% WBE percentage is desired. The participation can be met through the use of prime contractors, subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful opportunities for M/WBE participation. 2 OSWD in conjunction with PMM shall also appoint a M/WBE Purchasing Manager for the purpose of promoting and coordinating the participation of M/WBEs in State of Missouri contracts. b. FMDC shall be authorized to evaluate M/WBE participation in design contracts, as part of the quality -based selection process, for construction projects worth $1.5 million or more. On contracts with lesser value, FMDC shall make special efforts to target M/WBEs as prime contractors. Overall participation targets for each fiscal year shall be 10% MBE and 5% WBE; however, mandatory percentage goals shall not be established in violation of federal or state law. The targets may be met through the use of prime contractors, subcontractors, joint ventures, or other arrangements that afford meaningful opportunities for M/WBE participation. FMDC shall also be authorized to seek participation of M/WBEs on construction contracts. The targets shall be set on a project by project basis by FMDC in consultation with the OSWD, taking into account the availability of M/WBE contractors in the applicable geographic area and construction trade, with the overall participation targets for each fiscal year at 10% MBE and 5% WBE. The targets may be met through the use of prime contractors, subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful opportunities for M/WBE participation. c. Both FMDC and the PMM shall establish policies or rules to implement these programs which shall include a waiver provision for prime contractors who make a good faith effort to attain such targets but do not succeed. They shall also establish enforcement procedures in cooperation with the OSWD to assist contractors to meet subcontracting commitments. Their programs shall be reviewed annually to determine whether targets should be modified. d. FMDC and PMM are authorized and directed to identify and consult with such entities as the St. Louis Minority Business Council, the Kansas City Minority Supplier Council and the Kansas City Council of Women Business Owners in identifying M/WBEs to participate in state procurements. 4. OSWD shall monitor the programs and work with FMDC and PMM in their implementation. The OSWD shall have the following responsibilities and carry out the following tasks: a. to actively recruit, facilitate and serve as a clearinghouse for M/WBE contractors to participate in the programs; b. to cooperate with the PMM and the FMDC in the administration and enforcement of the M/WBE participation programs; c. to cooperate with the PMM and the FMDC in the development of policies, forms, and procedures to carry out the requirements of the M/WBE participation programs; d. to participate in M/WBE target setting; e. to perform fact -gathering and record -keeping to determine both the effectiveness of state participation programs and the availability and utilization of eligible M/WBEs on individual projects, including levels of participation and availability in specific areas; f. to certify contractors as M/WBEs; g. to assess the continuing need for M/WBE participation targets for specific contracting areas; h. to monitor contractor participation with M/WBE targets; and 3 i. to recommend sanctions for contractors who fail to faithfully execute M/WBE participation plans during the course of contract performance. 5. The programs shall be reviewed annually to monitor the level of M/WBE participation achieved in state contracting areas during the previous year. An assessment of the programs and whether their continuation is necessary shall be delivered to the Governor and the General Assembly. After it is determined that M/WBEs participate in state contracts in a manner commensurate with their presence and capability in the state marketplace, the programs set forth in section 2 will be terminated. 6. Executive Order No. 98-21 (1998) and article II of Executive Order 94-03 (1994) are hereby superseded and replaced by this Executive Order. ATTEST: IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 8th day of September, 2005. Matt Blunt Governor 04<a4, Robin Carnahan Secretary of State 4 EXECUTIVE ORDER 15-06 RECEIVED & FILED OCT 21 2015 SECRETARY OF STATE COMMISSIONS DIVISION WHEREAS, the State of Missouri is committed to enhancing the economic health and prosperity of Minority and Women Business Enterprises (M/WBEs) through the use of M/WBE contract benchmarks established in state contracts for supplies, services, and construction that are consistent with §§37.020 — 37.023, RSMo, and the findings of the most current disparity study; and WHEREAS, upon funding being appropriated by the General Assembly in 2013, the Office of Administration (OA) commissioned a Disparity Study which was completed on October 24, 2014, that studied the utilization of M/WBEs in state contracts and the availability of M/WBEs in the applicable marketplace; and WHEREAS, Executive Order 14-07 established the Disparity Study Oversight Review Committee to review the findings of the 2014 Disparity Study and to produce meaningful recommendations to assist the State of Missouri in developing a contracting process that is inclusive, promotes diversity, and provides greater opportunity for M/WBEs; and WHEREAS, after conducting a thorough review and analysis of the findings of the 2014 Disparity Study, the Disparity Study Oversight Review Committee submitted its report to the Governor on January 27, 2015; and WHEREAS, the Disparity Study Oversight Review Committee's report sets forth recommendations to help eliminate the lingering effects of discrimination to ensure a level playing -field for all Missouri business owners; and WHEREAS, on September 14, 2015, the Ferguson Commission, created pursuant to Executive Order 14-15, released its final report which called for Missouri to implement a statewide M/WBE program "with outcomes measures that incorporate capacity building, mentoring, and education with respect to the state and local procurement system;" and WHEREAS, the State of Missouri is dedicated to the compelling governmental interest of remedying race and sex based discrimination in a manner consistent with state and federal law. NOW, THEREFORE, I, JEREMIAH W. (JAY) NIXON, GOVERNOR OF THE STATE OF MISSOURI, in recognition of the obligations of the State of Missouri and by virtue of the authority vested in me by the Constitution and the Laws of the State of Missouri, do hereby state that the following narrowly tailored policies and procedures shall be adopted by the Executive Branch of state government in procuring goods and services: 1. All state agencies shall make every feasible effort to increase the percentage of goods and services procured from certified M/WBEs in order to achieve the annual goals of 10% MBEs and 10% WBEs of all annual Executive Branch procurement funds. These efforts shall include participation in an Executive Branch Contract Compliance Council which shall, in cooperation with the Office of Administration, Office of Equal Opportunity (OEO), review procurement efforts to assist in meeting the requirements of this Executive Order. 2. Both the Division of Purchasing and Facilities Management, Design and Construction (FMDC) within the Office of Administration shall be authorized to implement the following program to increase M/WBE procurements: a. Division of Purchasing and FMDC shall encourage prime contractors to subcontract with M/WBEs on state contracts. Division of Purchasing and FMDC contracts are permitted to include a provision setting forth participation of M/WBEs as prime contractors or subcontractors who perform a commercially useful function. M/WBE participation requirements shall be determined by the Division of Purchasing and FMDC, in consultation with OEO and the user agency, by evaluating the availability of M/WBE vendors in the applicable commodity/service and geographical area as determined by the most recent disparity study and other applicable factors. Division of Purchasing and FMDC shall use individual contract percentages to help meet the state's annual program goals. The M/WBE participation will be evaluated for responsiveness along with other criteria in the award of a bid. The participation can be met through the use of prime contractors, subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful opportunities for M/WBE participation. b. Division of Purchasing and FMDC shall revise their policies and regulations to further implement this program which shall include a waiver provision for prime contractors who make a good faith effort to take all necessary and reasonable steps to attain such percentages but are otherwise unable to achieve them. Division of Purchasing and FMDC shall also establish enforcement procedures, in cooperation with OEO and the Contract Oversight Office within the Office of Administration, which shall include consequences for failure to meet percentage commitments unless a good faith waiver is obtained from the Division of Purchasing or FMDC, respectively. c. Division of Purchasing and FMDC are authorized and directed to identify and consult with such other certifying entities as recommended by OEO in order to facilitate M/WBEs to participate in state procurements. 3. The Office of Administration shall also be authorized to: a. Conduct a comprehensive review of OEO and determine the need for increased funding and personnel to enable OEO to carry out the work it has been assigned. b. Evaluate the state's current M/WBE eligibility standards and determine what revisions, if any, should be considered to applicable statutes and regulations. This includes an evaluation of whether M/WBE eligibility should be capped based upon a firm's gross income and/or personal net worth. The Office of Administration should refer to the Disparity Study and the Committee's report as a reference regarding potential revisions to the program's eligibility standards. c. Research existing bonding and financing programs for small vendors that enhance access to bonding and working capital in order to reduce barriers to business development and success, and determine the feasibility of developing such a program within OEO. d. Evaluate the existing experience and surety bonding requirements and determine what adjustments, if any, should be considered to facilitate increased M/WBE participation. e. Evaluate the possibility of lengthening solicitation periods for vendors, whenever possible, in an effort to increase M/WBE participation. f. Research the feasibility and consider establishing a Mentor -Protege Program within OEO, whereby a larger firm provides instruction and training to an emerging firm to increase the protege's skills, capacities, and business areas. g. Educate and advise state agencies on implementing internal procedures that ensure compliance with §8.690 RSMo. h. Implement an electronic contracting system that provides access to state contracting information and collects measureable data to document the achievement of M/WBE goals. 4. OEO shall work with the Division of Purchasing and FMDC in the implementation of this Executive Order, and shall have the following responsibilities: a. Actively recruit, certify, and serve as a clearinghouse for M/WBEs to participate in the program. b. Partner with agencies and organizations that conduct similar services that can provide technical assistance and supportive services. c. Cooperate with the Division of Purchasing, FMDC, and the Contract Oversight Office in the administration and enforcement of the M/WBE participation program and contract requirements. d. Cooperate with the Division of Purchasing and FMDC in the development of policies, forms, and procedures to carry out the requirements of the M/WBE participation program. e. Provide guidance to the Division of Purchasing and FMDC in the setting of M/WBE individual contract percentages. f. Review and record the effectiveness of the state agencies' participation in the program in light of the availability and utilization of eligible M/WBEs on individual contracts, and make recommendations to the agencies for improvement and enforcement of the program. g. Provide outreach to M/WBEs to educate firms about the program, the state's procurement process, and business elements such as obtaining bonding, lines of credit, or other related services. Outreach efforts shall also serve to foster enhanced working relationships between M/WBEs and prime contractors. h. Recommend sanctions for contractors who fail to faithfully execute M/WBE participation requirements during the course of contract performance. 5. OEO shall review the program annually to monitor the level of M/WBE participation achieved in state contracting areas during the previous fiscal year. An assessment of the program and whether the continuation is necessary shall be prepared by OEO and delivered to the Governor and the General Assembly by March after the completion of the fiscal year. After it is determined by OEO that M/WBEs participate in state contracts at a level commensurate with their presence and capability in the state marketplace, then the program set forth in this Executive Order shall be terminated. If the program is still deemed to be necessary on March 1, 2019, a new Disparity Study should be conducted and a new Disparity Study Oversight Review Committee should be appointed to review the results of that study. 6. This Order shall take effect immediately and supersedes Executive Order 05-30. ATTEST: IN WITNESS WHEREOF, I have hereunto set my hand and cause to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 21st day of October, 2015. eremiah . . y) Nixon overnor Jason Kander Secretary of State Q \O MISSOURI DEPARTMENT OF NATURAL RESOURCES DIVISION OF ENVIRONMENTAL QUALITY FINANCIAL ASSISTANCE CENTER Certification Regarding Debarment and Suspension Applicant Name: Project Name: Project No.: SAM.gov UEI No.: The prospective participant certifies to the best of its knowledge and belief that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any governmental (federal, state, or local) entity; b) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for: 1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; 2) Violation of federal or state antitrust statutes relating to the submission of offers; or 3) Commission of embezzlement, theft, forgery, bribery, falsification ordestruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with, commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not, within a three-year period preceding this certification, had one or more public transactions (federal, state, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. n I am able to certify to the above statements. ❑ I am unable to certify to the above statements and attached my explanation. Typed Name of Authorized Representative Title of Authorized Representative Signature of Authorized Representative Date Last Revised March 25, 2022 Q MISSOURI DEPARTMENT OF NATURAL RESOURCES DIVISION OF ENVIRONMENTAL QUALITY FINANCIAL ASSISTANCE CENTER Certification Regarding Debarment and Suspension Instructions The Missouri Department of Natural Resources receives assistance from the federal government, and the funds provided to a community constitute a sub -agreement. Accordingly, each prospective recipient of a grant, loan, or cooperative agreement and any contractor or subcontractor must agree to fully comply with Executive Order 12549, 2 C.F.R. Part 180, and 2 C.F.R. Part 1532 regarding Debarment and Suspension. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within an entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). The prospective grant, loan, or cooperative agreement recipient should return the signed certification, and explanation if needed, with its application to: Missouri Department of Natural Resources Financial Assistance Center PO Box 176 Jefferson City, MO 65102-0176 Or email to fac@dnr.mo.gov. The recipient of funding should also obtain a certification from their consulting engineer and prime contractor. The funding recipient shall also check the status on the System for Award Management (SAM) located on the Internet at https://www.sam.gov/portal/public/SAM/. Each prospective subcontractor should submit a completed certification or explanation to the prime contractor for the project. Last Revised March 25, 2022 U.S. ENVIRONMENTAL PROTECTION AGENCY WATER QUALITY OFFICE CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related sub -contracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Signature Date Name and Title of Signer (Print or Type) Firm Name NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Attachment 6 EXHIBIT BUSINESS ENTITY CERTIFICATION, ENROLLMENT DOCUMENTATION. AND AFFIDAVIT OF WORK AUTHORIZATION BUSINESS ENTITY CERTIFICATION: The bidder/contractor must certify their current business status by completing either Box A or Box B or Box C on this Exhibit. BOX A: BOX B: BOX C: To be completed by a non -business entity as defined below. To be completed by a business entity who has not yet completed and submitted documentation pertaining to the federal work authorization program as described at http://www.dhs.gov/files/programs/gc 1185221678150.shtm. To be completed by a business entity who has current work authorization documentation on file with a Missouri state agency including Division of Purchasing and Materials Management. Business entity, as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, is any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. The term "business entity" shall include but not be limited to self-employed individuals, partnerships, corporations, contractors, and subcontractors. The term "business entity" shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from obtaining such a business permit, and any business entity that is operating unlawfully without such a business permit. The term "business entity" shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. Note: Regarding governmental entities, business entity includes Missouri schools, Missouri universities (other than stated in Box C), out of state agencies, out of state schools, out of state universities, and political subdivisions. A business entity does not include Missouri state agencies and federal government entities. BOX A — CURRENTLY NOT A BUSINESS ENTITY I certify that (Company/Individual Name) DOES NOT CURRENTLY MEET the definition of a business entity, as defined in section 285.525, RSMo pertaining to section 285.530, RSMo as stated above, because: (check the applicable business status that applies below) 0 I am a self-employed individual with no employees; OR O The company that I represent employs the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. I certify that I am not an alien unlawfully present in the United States and if (Company/Individual Name) is awarded a contract for the services requested herein under (Bid/SFS/Contract Number) and if the business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then, prior to the performance of any services as a business entity, (Company/Individual Name) agrees to complete Box B, comply with the requirements stated in Box B and provide the (insert agency name) with all documentation required in Box B of this exhibit. Authorized Representative's Name (Please Print) Authorized Representative's Signature Company Name (if applicable) Date Attachment 6 EXHIBIT , continued (Complete the following if you DO NOT have the E -Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box B, do not complete Box C.) BOX B — CURRENT BUSINESS ENTITY STATU. I certify that (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530. Authorized Business Entity Representative's Authorized Business Entity Name (Please Print) Representative's Signature Business Entity Name Date E -Mail Address As a business entity, the bidder/contractor must perform/provide each of the following. The bidder/contractor should check each to verify completion/submission of all of the following: O Enroll and participate in the E -Verify federal work authorization program (Website: http://www.uscis.gov/e-verify; Phone: 888-464-4218; Email: e- verify@dhs.gov) with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND O Provide documentation affirming said company's/individual's enrollment and participation in the E - Verify federal work authorization program. Documentation shall include EITHER the E -Verify Employment Eligibility Verification page listing the bidder's/contractor's name and company ID OR a page from the E -Verify Memorandum of Understanding (MOU) listing the bidder's/contractor's name and the MOU signature page completed and signed, at minimum, by the bidder/contractor and the Department of Homeland Security — Verification Division. If the signature page of the MOU lists the bidder's/contractor's name and company ID, then no additional pages of the MOU must be submitted; AND O Submit a completed, notarized Affidavit of Work Authorization provided on the next page of this Exhibit. EXHIBIT ,continued AFFIDAVIT OF WORK AUTHORIZATION: The bidder/contractor who meets the section 285.525, RSMo, definition of a business entity must complete and return the following Affidavit of Work Authorization. Attachment 6 Comes now (Name of Business Entity Authorized Representative) as (Position/Title) first being duly sworn on my oath, affirm (Business Entity Name) is enrolled and will continue to participate in the E -Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that (Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided under the contract(s) for the duration of the contract(s), if awarded. In Affirmation thereof the facts stated above are true and correct. (The undersigned understands that false statements made in this filing are subject to the penalties provided under section 575.040, RSMo.) Authorized Representative's Signature Printed Name Title Date E -Mail Address E -Verify Company ID Number Subscribed and sworn to before me this (DAY) of . I am (MONTH, YEAR) commissioned as a notary public within the County of , State of (NAME OF STATE) , and my commission expires on (NAME OF COUNTY) (DATE) Signature of Notary Date EXHIBIT _,continued Attachment 6 (Complete the following if you have the E -Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box C, do not complete Box B.) BOX C — AFFIDAVIT ON FILE - CURRENT BUSINESS ENTITY STATUS I certify that (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, and have enrolled and currently participates in the E -Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri. We have previously provided documentation to a Missouri state agency or public university that affirms enrollment and participation in the E -Verify federal work authorization program. The documentation that was previously provided included the following. ✓ The E -Verify Employment Eligibility Verification page OR a page from the E -Verify Memorandum of Understanding (MOU) listing the bidder's/contractor's name and the MOU signature page completed and signed by the bidder/contractor and the Department of Homeland Security — Verification Division ✓ A current, notarized Affidavit of Work Authorization (must be completed, signed, and notarized within the past twelve months). Name of Missouri State Agency or Public University* to Which Previous E -Verify Documentation Submitted: (*Public University includes the following five schools under chapter 34, RSMo: Harris -Stowe State University — St. Louis; Missouri Southern State University — Joplin; Missouri Western State University — St. Joseph; Northwest Missouri State University — Maryville; Southeast Missouri State University — Cape Girardeau.) Date of Previous E -Verify Documentation Submission: Previous Bid/Contract Number for Which Previous E -Verify Documentation Submitted: (if known) Authorized Business Entity Representative's Authorized Business Entity Name (Please Print) Representative's Signature E -Verify MOU Company ID Number E -Mail Address Business Entity Name Date FOR STATE USE ONLY Documentation Verification Completed By: Buyer Date Domestic Products Procurement Act — RSMo 34.350 — 34.359 Certification Each contract for the purchase or lease of manufactured goods or commodities by any public agency, and each contract made by a public agency for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States. (34.353.1 RSMo) Project Name: Project Number: Contract Name: Please check one of the following and sign where indicated. All of the iron, steel, and manufactured goods used in the project are produced in the United States. A waiver is being requested from the to the domestic (owner) products provision due to the following exception: ❑ The specified products are not manufactured or produced in the United States in sufficient quantities or manufactured or produced in the United States within the necessary time frames in sufficient quantities. ❑ The cost for the specified products would increase the contract by more than 10 percent*; or ❑ Only one line of a product is manufactured or produced in the United States. Documentation of at least one of the cases above must be provided. List below the materials that cannot comply with the Domestic Product Procurement Act provisions. ❑ Additional sheets (attach if necessary) Name of Contracting Firm Signature Date Name and Title of Signer (Please type) *In accordance with the Federal Water Pollution Control Act, Section 608, all iron and steel products used in a State Revolving Fund project should be produced in the United States. This requirement does not apply where the inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Missouri DNR CWSRF (03/31/15) 6EPA United States ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460 OMB Control No. 2030-0020 Approval expires 04/30/2021 EPA Project Control Number CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, 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 undersigned, 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 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 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 sub -contracts, 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. Typed Name & Title of Authorized Representative Signature and Date of Authorized Representative The public reporting and recordkeeping burden for this collection of information is estimated to average 15 minutes per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA Form 6600-06 (Rev. 06/2014) Previous editions are obsolete. Approved by OMB 0348-0046 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 1. Type of Federal Action: a. contract b. grant 2. Status of Federal a. bid/offer/application b. initial Action: award 3. Report Type: a. initial filing b. material change c. cooperative agreement d. loan e. loan guarantee f. loan insurance c. post -award For material change only: Year quarter Date of last report 4. Name and Address of Reporting Entity: Prime Subawardee Known: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: Tier , if Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program CFDA Number, Name/Description: if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. IOa) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Title: Date: Telephone No.: Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 MAR 2 0 2014 MEMORANDUM OFFICE OF WAfER SUBJECT: Implementation of American Iron and Steel provisions of P.L. 113-76, Consolidated Appropriations Act, 2014 FROM: f ( Andrew D. Sawyers, Director C. \) Office of Wastewater Management (4201 Peter C. Grevatt, Director Office of Ground Water and rinking Water (4601M) TO: Water Management Division Directors Regions I- X P.L. 113-76, Consolidated Appropriations Act, 2014 (Act), includes an "American Iron and Steel (AIS)" requirement in section 436 that requires Clean Water State Revolving Loan Fund (CWSRF) and Drinking Water State Revolving Loan Fund (DWSRF) assistance recipients to use iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of a public water system or treatment works if the project is funded through an assistance agreement executed beginning January 17, 2014 (enactment of the Act), through the end • of Federal Fiscal Year 2014. Section 436 also sets forth certain circumstances under which EPA may waive the AIS requirement. Furthermore, the Act specifically exempts projects where engineering plans and specifications were approved by a State agency prior to January 17,2014. The approach described below explains how EPA will implement the AIS requirement. The first section is in the form of questions and answers that address the types of projects that must comply with the AIS requirement, the types of products covered by the AIS requirement, and compliance. The second section is a step-by-step process for requesting waivers and the circumstances under which waivers may be granted. Internet Address (URL) • http.//Wwwepa.gov Recycled/Recyclable -Printed with Vegetalie Oil Based I nks on 100% Postconsumer. Process Chbrine Free Recycled Paper Implementation The Act states: Sec. 436. (a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the "Administrator") finds that — (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out 2 the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. (f) This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of the enactment of this Act. The following questions and answers provide guidance for implementing and complying with the AIS requirements: Project Coverage 1) What classes of projects are covered by the AIS requirement? All treatment works projects funded by a CWSRF assistance agreement, and all public water system projects funded by a DWSRF assistance agreement, from the date of enactment through the end of Federal Fiscal Year 2014, are covered. The AIS requirements apply to the entirety of the project, no matter when construction begins or ends. Additionally, the AIS requirements apply to all parts of the project, no matter the source of funding. 2) Does the AIS requirement apply to nonpoint source projects or national estuary projects? No. Congress did not include an AIS requirement for nonpoint source and national estuary projects unless the project can also be classified as a `treatment works' as defined by section 212 of the Clean Water Act. 3) Are any projects for the construction, alteration, maintenance, or repair of a public water system or treatment works excluded from the AIS requirement? Any project, whether a treatment works project or a public water system project, for which engineering plans and specifications were approved by the responsible state agency prior to January 17, 2014, is excluded from the AIS requirements. 4) What if the project does not have approved engineering plans and specifications but has signed an assistance agreement with a CWSRF or DWSRF program prior to January 17, 2014? The AIS requirements do not apply to any project for which an assistance agreement was signed prior to January 17, 2014. 3 5) What if the project does not have approved engineering plans and specifications, but bids were advertised prior to January 17, 2014 and an assistance agreement was signed after January 17, 2014? If the project does not require approved engineering plans and specifications, the bid advertisement date will count in lieu of the approval date for purposes of the exemption in section 436(f). 6) What if the assistance agreement that was signed prior to January 17, 2014, only funded a part of the overall project, where the remainder of the project will be funded later with another SRF loan? If the original assistance agreement funded any construction of the project, the date of the original assistance agreement counts for purposes of the exemption. If the original assistance agreement was only for planning and design, the date of that assistance agreement will count for purposes of the exemption only if there is a written commitment or expectation on the part of the assistance recipient to fund the remainder of the project with SRF funds. 7) What if the assistance agreement that was signed prior to January 17, 2014, funded the first phase of a multi -phase project, where the remaining phases will be funded by SRF assistance in the future? In such a case, the phases of the project will be considered a single project if all construction necessary to complete the building or work, regardless of the number of contracts or assistance agreements involved, are closely related in purpose, time and place. However, there are many situations in which major construction activities are clearly undertaken in phases that are distinct in purpose, time, or place. In the case of distinct phases, projects with engineering plans and specifications approval or assistance agreements signed prior to January 17, 2014 would be excluded from AIS requirements while those approved/signed on January 17, 2014, or later would be covered by the AIS requirements. 8) What if a project has split funding from a non-SRF source? Many States intend to fund projects with "split" funding, from the SRF program and from State or other programs. Based on the Act language in section 436, which requires that American iron and steel products be used in any project for the construction, alteration, maintenance, or repair of a public water system or treatment works receiving SRF funding between and including January 17, 2014 and September 30, 2014, any project that is funded in whole or in part with such funds must comply with the AIS requirement. A "project" consists of all construction necessary to complete the building or work regardless of the number of contracts or assistance agreements involved so long as all contracts and assistance agreements awarded are closely related in purpose, time and place. This precludes the intentional splitting of SRF projects into separate and smaller contracts or assistance agreements to avoid AIS coverage on some portion of a larger 4 project, particularly where the activities are integrally and proximately related to the whole. However, there are many situations in which major construction activities are clearly undertaken in separate phases that are distinct in purpose, time, or place, in which case, separate contracts or assistance agreement for SRF and State or other funding would carry separate requirements. 9) What about refinancing? If a project began construction, financed from a non-SRF source, prior to January 17, 2014, but is refinanced through an SRF assistance agreement executed on or after January 17, 2014 and prior to October 1, 2014, AIS requirements will apply to all construction that occurs on or after January 17, 2014, through completion of construction, unless, as is likely, engineering plans and specifications were approved by a responsible state agency prior to January 17, 2014. There is no retroactive application of the AIS requirements where a refinancing occurs for a project that has completed construction prior to January 17, 2014. 10) Do the AIS requirements apply to any other EPA programs, besides the SRF program, such as the Tribal Set -aside grants or grants to the Territories and DC? No, the AIS requirement only applies to funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) Covered Iron and Steel Products 11) What is an iron or steel product? For purposes of the CWSRF and DWSRF projects that must comply with the AIS requirement, an iron or steel product is one of the following made primarily of iron or steel that is permanently incorporated into the public water system or treatment works: Lined or unlined pipes or fittings; Manhole Covers; Municipal Castings (defined in more detail below); Hydrants; Tanks; Flanges; Pipe clamps and restraints; Valves; Structural steel (defined in more detail below); Reinforced precast concrete; and Construction materials (defined in more detail below). 5 12) What does the term `primarily iron or steel' mean? `Primarily iron or steel' places constraints on the list of products above. For one of the listed products to be considered subject to the AIS requirements, it must be made of greater than 50% iron or steel, measured by cost. The cost should be based on the material costs. 13) Can you provide an example of how to perform a cost determination? For example, the iron portion of a fire hydrant would likely be the bonnet, body and shoe, and the cost then would include the pouring and casting to create those components. The other material costs would include non -iron and steel internal workings of the fire hydrant (i.e., stem, coupling, valve, seals, etc). However, the assembly of the internal workings into the hydrant body would not be included in this cost calculation. If one of the listed products is not made primarily of iron or steel, United States (US) provenance is not required. An exception to this definition is reinforced precast concrete, which is addressed in a later question. 14) If a product is composed of more than 50% iron or steel, but is not listed in the above list of items, must the item be produced in the US? Alternatively, must the iron or steel in such a product be produced in the US? The answer to both question is no. Only items on the above list must be produced in the US. Additionally, the iron or steel in a non -listed item can be sourced from outside the US. 15) What is the definition of steel? Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. Metallic elements such as chromium, nickel, molybdenum, manganese, and silicon may be added during the melting of steel for the purpose of enhancing properties such as corrosion resistance, hardness, or strength. The definition of steel covers carbon steel, alloy steel, stainless steel, tool steel and other specialty steels. 16) What does `produced in the United States' mean? Production in the United States of the iron or steel products used in the project requires that all manufacturing processes, including application of coatings, must take place in the United States, with the exception of metallurgical processes involving refinement of steel additives. All manufacturing processes includes processes such as melting, refining, forming, rolling, drawing, finishing, fabricating and coating. Further, if a domestic iron and steel product is taken out of the US for any part of the manufacturing process, it becomes foreign source material. However, raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS requirement, and the 6 material(s), if any, being applied as a coating are similarly not covered. Non -iron or steel components of an iron and steel product may come from non -US sources. For example, for products such as valves and hydrants, the individual non -iron and steel components do not have to be of domestic origin. 17) Are the raw materials used in the production of iron or steel required to come from US sources? No. Raw materials, such as iron ore, limestone, scrap iron, and scrap steel, can come from non -US sources. 18) If an above listed item is primarily made of iron or steel, but is only at the construction site temporarily, must such an item be produced in the US? No. Only the above listed products made primarily of iron or steel, permanently incorporated into the project must be produced in the US. For example trench boxes, scaffolding or equipment, which are removed from the project site upon completion of the project, are not required to be made of U.S. Iron or Steel. 19) What is the definition of `municipal castings'? Municipal castings are cast iron or steel infrastructure products that are melted and cast. They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and surface infrastructure. They are typically made of grey or ductile iron, or steel. Examples of municipal castings are: Access Hatches; Ballast Screen; Benches (Iron or Steel); Bollards; Cast Bases; Cast Iron Hinged Hatches, Square and Rectangular; Cast Iron Riser Rings; Catch Basin Inlet; Cleanout/Monument Boxes; Construction Covers and Frames; Curb and Corner Guards; Curb Openings; Detectable Warning Plates; Downspout Shoes (Boot, Inlet); Drainage Grates, Frames and Curb Inlets; Inlets; Junction Boxes; Lampposts; Manhole Covers, Rings and Frames, Risers; 7 Meter Boxes; Service Boxes; Steel Hinged Hatches, Square and Rectangular; Steel Riser Rings; Trash receptacles; Tree Grates; Tree Guards; Trench Grates; and Valve Boxes, Covers and Risers. 20) What is `structural steel'? Structural steel is rolled flanged shapes, having at least one dimension of their cross-section three inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock, and for numerous other constructional purposes. Such shapes are designated as wide -flange shapes, standard I -beams, channels, angles, tees and zees. Other shapes include H -piles, sheet piling, tie plates, cross ties, and those for other special purposes. 21) What is a `construction material' for purposes of the AIS requirement? Construction materials are those articles, materials, or supplies made primarily of iron and steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered "structural steel". This includes, but is not limited to, the following products: wire rod, bar, angles, concrete reinforcing bar, wire, wire cloth, wire rope and cables, tubing, framing, joists, trusses, fasteners (i.e., nuts and bolts), welding rods, decking, grating, railings, stairs, access ramps, fire escapes, ladders, wall panels, dome structures, roofing, ductwork, surface drains, cable hanging systems, manhole steps, fencing and fence tubing, guardrails, doors, and stationary screens. 22) What is not considered a `construction material' for purposes of the AIS requirement? Mechanical and electrical components, equipment and systems are not considered construction materials. Mechanical equipment is typically that which has motorized parts and/or is powered by a motor. Electrical equipment is typically any machine powered by electricity and includes components that are part of the electrical distribution system. The following examples (including their appurtenances necessary for their intended use and operation) are NOT considered construction materials: pumps, motors, gear reducers, drives (including variable frequency drives (VFDs)), electric/pneumatic/manual accessories used to operate valves (such as electric valve actuators), mixers, gates, motorized screens (such as traveling screens), blowers/aeration equipment, compressors, meters, sensors, controls and switches, supervisory control and 8 data acquisition (SCADA), membrane bioreactor systems, membrane filtration systems, filters, clarifiers and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt presses), conveyors, cranes, HVAC (excluding ductwork), water heaters, heat exchangers, generators, cabinetry and housings (such as electrical boxes/enclosures), lighting fixtures, electrical conduit, emergency life systems, metal office furniture, shelving, laboratory equipment, analytical instrumentation, and dewatering equipment. 23) If the iron or steel is produced in the US, may other steps in the manufacturing process take place outside of the US, such as assembly? No. Production in the US of the iron or steel used in a listed product requires that all manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives. 24) What processes must occur in the US to be compliant with the AIS requirement for reinforced precast concrete? While reinforced precast concrete may not be at least 50% iron or steel, in this particular case, the reinforcing bar and wire must be produced in the US and meet the same standards as for any other iron or steel product. Additionally, the casting of the concrete product must take place in the US. The cement and other raw materials used in concrete production are not required to be of domestic origin. If the reinforced concrete is cast at the construction site, the reinforcing bar and wire are considered to be a construction material and must be produced in the US. Compliance 25) How should an assistance recipient document compliance with the AIS requirement? In order to ensure compliance with the AIS requirement, specific AIS contract language must be included in each contract, starting with the assistance agreement, all the way down to the purchase agreements. Sample language for assistance agreements and contracts can be found in Appendix 3 and 4. EPA recommends the use of a step certification process, similar to one used by the Federal Highway Administration. The step certification process is a method to ensure that producers adhere to the AIS requirement and assistance recipients can verify that products comply with the AIS requirement. The process also establishes accountability and better enables States to take enforcement actions against violators. Step certification creates a paper trail which documents the location of the manufacturing process involved with the production of steel and iron materials. A step certification is a process under which each handler (supplier, fabricator, manufacturer, 9 processor, etc) of the iron and steel products certifies that their step in the process was domestically performed. Each time a step in the manufacturing process takes place, the manufacturer delivers its work along with a certification of its origin. A certification can be quite simple. Typically, it includes the name of the manufacturer, the location of the manufacturing facility where the product or process took place (not its headquarters), a description of the product or item being delivered, and a signature by a manufacturer's responsible party. Attached, as Appendix 5, are sample certifications. These certifications should be collected and maintained by assistance recipients. Alternatively, the final manufacturer that delivers the iron or steel product to the worksite, vendor, or contractor, may provide a certification asserting that all manufacturing processes occurred in the US. While this type of certification may be acceptable, it may not provide the same degree of assurance. Additional documentation may be needed if the certification is lacking important information. Step certification is the best practice. 26) How should a State ensure assistance recipients are complying with the AIS requirement? In order to ensure compliance with the AIS requirement, States SRF programs must include specific AIS contract language in the assistance agreement. Sample language for assistance agreements can be found in Appendix 3. States should also, as a best practice, conduct site visits of projects during construction and review documentation demonstrating proof of compliance which the assistance recipient has gathered. 27) What happens if a State or EPA finds a non -compliant iron and/or steel product permanently incorporated in the project? If a potentially non -compliant product is identified, the State should notify the assistance recipient of the apparent unauthorized use of the non -domestic component, including a proposed corrective action, and should be given the opportunity to reply. If unauthorized use is confirmed, the State can take one or more of the following actions: request a waiver where appropriate; require the removal of the non -domestic item; or withhold payment for all or part of the project. Only EPA can issue waivers to authorize the use of a non -domestic item. EPA may use remedies available to it under the Clean Water Act, the Safe Drinking Water Act, and 40 CFR part 31 grant regulations, in the event of a violation of a grant term and condition. It is recommended that the State work collaboratively with EPA to determine the appropriate corrective action, especially in cases where the State is the one who identifies the item in noncompliance or there is a disagreement with the assistance recipient. If fraud, waste, abuse, or any violation of the law is suspected, the Office of Inspector General (OIG) should be contacted immediately. The OIG can be reached at 1- 10 888-546-8740 or OIG_Hotline@epa.gov. More information can be found at this website: http://www.epa.gov/oig/hotline.htm. 28) How do international trade agreements affect the implementation of the AIS requirements? The AIS provision applies in a manner consistent with United States obligations under international agreements. Typically, these obligations only apply to direct procurement by the entities that are signatories to such agreements. In general, SRF assistance recipients are not signatories to such agreements, so these agreements have no impact on this AIS provision. In the few instances where such an agreement applies to a municipality, that municipality is under the obligation to determine its applicability and requirements and document the actions taken to comply for the State. Waiver Process The statute permits EPA to issue waivers for a case or category of cases where EPA finds (1) that applying these requirements would be inconsistent with the public interest; (2) iron and steel products are not produced in the US in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the US will increase the cost of the overall project by more than 25 percent. In order to implement the AIS requirements, EPA has developed an approach to allow for effective and efficient implementation of the waiver process to allow projects to proceed in a timely manner. The framework described below will allow States, on behalf of the assistance recipients, to apply for waivers of the AIS requirement directly to EPA Headquarters. Only waiver requests received from states will be considered. Pursuant to the Act, EPA has the responsibility to make findings as to the issuance of waivers to the AIS requirements. Definitions The following terms are critical to the interpretation and implementation of the AIS requirements and apply to the process described in this memorandum: Reasonably Available Quantity: The quantity of iron or steel products is available or will be available at the time needed and place needed, and in the proper form or specification as specified in the project plans and design. Satisfactory Quality: The quality of iron or steel products, as specified in the project plans and designs. Assistance Recipient: A borrower or grantee that receives funding from a State CWSRF or DWSRF program. 11 Step -By -Step Waiver Process Application by Assistance Recipient Each local entity that receives SRF water infrastructure financial assistance is required by section 436 of the Act to use American made iron and steel products in the construction of its project. However, the recipient may request a waiver. Until a waiver is granted by EPA, the AIS requirement stands, except as noted above with respect to municipalities covered by international agreements. The waiver process begins with the SRF assistance recipient. In order to fulfill the AIS requirement, the assistance recipient must in good faith design the project (where applicable) and solicit bids for construction with American made iron and steel products. It is essential that the assistance recipient include the AIS terms in any request for proposals or solicitations for bids, and in all contracts (see Appendix 3 for sample construction contract language). The assistance recipient may receive a waiver at any point before, during, or after the bid process, if one or more of three conditions is met: 1. Applying the American Iron and Steel requirements of the Act would be inconsistent with the public interest; 2. Iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or 3. Inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Proper and sufficient documentation must be provided by the assistance recipient. A checklist detailing the types of information required for a waiver to be processed is attached as Appendix 1. Additionally, it is strongly encouraged that assistance recipients hold pre -bid conferences with potential bidders. A pre -bid conference can help to identify iron and steel products needed to complete the project as described in the plans and specifications that may not be available from domestic sources. It may also identify the need to seek a waiver prior to bid, and can help inform the recipient on compliance options. In order to apply for a project waiver, the assistance recipient should email the request in the form of a Word document (.doc) to the State SRF program. It is strongly recommended that the State designate a single person for all AIS communications. The State SRF designee will review the application for the waiver and determine whether the necessary information has been included. Once the waiver application is complete, the State designee will forward the application to either of two email addresses. For CWSRF waiver requests, please send the application to: cwsrfwaiver@epa.gov. For DWSRF waiver requests, please send the application to: dwsrfwaiver@epa.gov. 12 Evaluation by EPA After receiving an application for waiver of the AIS requirements, EPA Headquarters will publish the request on its website for 15 days and receive informal comment. EPA Headquarters will then use the checklist in Appendix 2 to determine whether the application properly and adequately documents and justifies the statutory basis cited for the waiver — that it is quantitatively and qualitatively sufficient — and to determine whether or not to grant the waiver. In the event that EPA finds that adequate documentation and justification has been submitted, the Administrator may grant a waiver to the assistance recipient. EPA will notify the State designee that a waiver request has been approved or denied as soon as such a decision has been made. Granting such a waiver is a three -step process: 1. Posting — After receiving an application for a waiver, EPA is required to publish the application and all material submitted with the application on EPA's website for 15 days. During that period, the public will have the opportunity to review the request and provide informal comment to EPA. The website can be found at: https://water.epa.gov/grants funding/aisrequirement.cfm 2. Evaluation — After receiving an application for waiver of the AIS requirements, EPA Headquarters will use the checklist in Appendix 2 to determine whether the application properly and adequately documents and justifies the statutory basis cited for the waiver — that it is quantitatively and qualitatively sufficient — and to determine whether or not to grant the waiver. 3. Signature of waiver approval by the Administrator or another agency official with delegated authority — As soon as the waiver is signed and dated, EPA will notify the State SRF program, and post the signed waiver on our website. The assistance recipient should keep a copy of the signed waiver in its project files. Public Interest Waivers EPA has the authority to issue public interest waivers. Evaluation of a public interest waiver request may be more complicated than that of other waiver requests so they may take more time than other waiver requests for a decision to be made. An example of a public interest waiver that might be issued could be for a community that has standardized on a particular type or manufacturer of a valve because of its performance to meet their specifications. Switching to an alternative valve may require staff to be trained on the new equipment and additional spare parts would need to be purchased and stocked, existing valves may need to be unnecessarily replaced, and portions of the system may need to be redesigned. Therefore, requiring the community to install an alternative valve would be inconsistent with public interest. EPA also has the authority to issue a public interest waiver that covers categories of products that might apply to all projects. 13 EPA reserves the right to issue national waivers that may apply to particular classes of assistance recipients, particular classes of projects, or particular categories of iron or steel products. EPA may develop national or (US geographic) regional categorical waivers through the identification of similar circumstances in the detailed justifications presented to EPA in a waiver request or requests. EPA may issue a national waiver based on policy decisions regarding the public's interest or a determination that a particular item is not produced domestically in reasonably available quantities or of a sufficient quality. In such cases, EPA may determine it is necessary to issue a national waiver. If you have any questions concerning the contents of this memorandum, you may contact us, or have your staff contact Jordan Dorfman, Attorney -Advisor, State Revolving Fund Branch, Municipal Support Division, at dorfman.jordan@epa.gov or (202) 564-0614 or Kiri Anderer, Environmental Engineer, Infrastructure Branch, Drinking Water Protection Division, at anderer.kirsten@epa.gov or (202) 564-3134. Attachments 14 Appendix 1: Information Checklist for Waiver Request The purpose of this checklist is to help ensure that all appropriate and necessary information is submitted to EPA. EPA recommends that States review this checklist carefully and provide all appropriate information to EPA. This checklist is for informational purposes only and does not need to be included as part of a waiver application. Items ✓ Notes General • Waiver request includes the following information: — Description of the foreign and domestic construction materials — Unit of measure — Quantity — Price — Time of delivery or availability — Location of the construction project — Name and address of the proposed supplier — A detailed justification for the use of foreign construction materials • Waiver request was submitted according to the instructions in the memorandum • Assistance recipient made a good faith effort to solicit bids for domestic iron and steel products, as demonstrated by language in requests for proposals, contracts, and communications with the prime contractor Cost Waiver Requests • Waiver request includes the following information: — Comparison of overall cost of project with domestic iron and steel products to overall cost of project with foreign iron and steel products — Relevant excerpts from the bid documents used by the contractors to complete the comparison — Supporting documentation indicating that the contractor made a reasonable survey of the market, such as a description of the process for identifying suppliers and a list of contacted suppliers Availability Waiver Requests • Waiver request includes the following supporting documentation necessary to demonstrate the availability, quantity, and/or quality of the materials for which the waiver is requested: — Supplier information or pricing information from a reasonable number of domestic suppliers indicating availability/delivery date for construction materials — Documentation of the assistance recipient's efforts to find available domestic sources, such as a description of the process for identifying suppliers and a list of contacted suppliers. — Proj ect schedule — Relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of construction materials • Waiver request includes a statement from the prime contractor and/or supplier confirming the non -availability of the domestic construction materials for which the waiver is sought • Has the State received other waiver requests for the materials described in this waiver request, for comparable projects? Appendix 2: HQ Review Checklist for Waiver Request Instructions: To be completed by EPA. Review all waiver requests using the questions in the checklist, and mark the appropriate box as Yes, No or N/A. Marks that fall inside the shaded boxes may be grounds for denying the waiver. If none of your review markings fall into a shaded box, the waiver is eligible for approval if it indicates that one or more of the following conditions applies to the domestic product for which the waiver is sought: 1. The iron and/or steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. 2. The inclusion of iron and/or steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Review Items Yes No N/A Comments Cost Waiver Requests • Does the waiver request include the following information? — Comparison of overall cost of project with domestic iron and steel products to overall cost of project with foreign iron and steel products — Relevant excerpts from the bid documents used by the contractors to complete the comparison — A sufficient number of bid documents or pricing information from domestic sources to constitute a reasonable survey of the market • Does the Total Domestic Project exceed the Total Foreign Project Cost by more than 25%? no Availability Waiver Requests • Does the waiver request include supporting documentation sufficient to show the availability, quantity, and/or quality of the iron and/or steel product for which the waiver is requested? — Supplier information or other documentation indicating availability/delivery date for materials — Project schedule — Relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of materials • Does supporting documentation provide sufficient evidence that the contractors made a reasonable effort to locate domestic suppliers of materials, such as a description of the process for identifying suppliers and a list of contacted suppliers? • Based on the materials delivery/availability date indicated in the supporting documentation, will the materials be unavailable when they are needed according to the project schedule? (By item, list schedule date and domestic delivery quote date or other relevant information) • Is EPA aware of any other evidence indicating the non -availability of the materials for which the waiver is requested? Examples include: — Multiple waiver requests for the materials described in this waiver request, for comparable projects in the same State — Multiple waiver requests for the materials described in this waiver request, for comparable projects in other States — Correspondence with construction trade associations indicating the non -availability of the materials • Are the available domestic materials indicated in the bid documents of inadequate quality compared those required by the project plans, specifications, and/or permits? 16 Appendix 3: Example Loan Agreement Language ALL ASSISTANCE AGREEMENT MUST HAVE A CLAUSE REQUIRING COMPLIANCE WITH THE AIS REQUIREMENT. THIS IS AN EXAMPLE OF WHAT COULD BE INCLUDED IN SRF ASSISTANCE AGREEMENTS. EPA MAKES NO CLAIMS REGARDING THE LEGALITY OF THIS CLAUSE WITH RESPECT TO STATE LAW: Comply with all federal requirements applicable to the Loan (including those imposed by the 2014 Appropriations Act and related SRF Policy Guidelines) which the Participant understands includes, among other, requirements that all of the iron and steel products used in the Project are to be produced in the United States ("American Iron and Steel Requirement") unless (i) the Participant has requested and obtained a waiver from the Agency pertaining to the Project or (ii) the Finance Authority has otherwise advised the Participant in writing that the American Iron and Steel Requirement is not applicable to the Project. Comply with all record keeping and reporting requirements under the Clean Water Act/Safe Drinking Water Act, including any reports required by a Federal agency or the Finance Authority such as performance indicators of program deliverables, information on costs and project progress. The Participant understands that (i) each contract and subcontract related to the Project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the Clean Water Act/Safe Drinking Water Act and this Agreement may be a default hereunder that results in a repayment of the Loan in advance of the maturity of the Bonds and/or other remedial actions. Appendix 4: Sample Construction Contract Language ALL CONTRACTS MUST HAVE A CLAUSE REQUIRING COMPLIANCE WITH THE AIS REQUIREMENT. THIS IS AN EXAMPLE OF WHAT COULD BE INCLUDED IN ALL CONTRACTS IN PROJECTS THAT USE SRF FUNDS. EPA MAKES NO CLAIMS REGARDING THE LEGALITY OF THIS CLAUSE WITH RESPECT TO STATE OR LOCAL LAW: The Contractor acknowledges to and for the benefit of the City of ("Purchaser") and the (the "State") that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States ("American Iron and Steel Requirement") including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. 18 Appendix 5: Sample Certifications The following information is provided as a sample letter of step certification for AIS compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: American Iron and Steel Step Certification for Project (X)X0XXXXX0X() I, (company representative), certify that the (melting, bending, coating, galvanizing, cutting, etc.) process for (manufacturing or fabricating) the following products and/or materials shipped or provided for the subject project is in full compliance with the American Iron and Steel requirement as mandated in EPA's State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx Such process took place at the following location: If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative 19 The following information is provided as a sample letter of certification for AIS compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: American Iron and Steel Certification for Project (XXXX)X0X(XX) I, (company representative), certify that the following products and/or materials shipped/provided to the subject project are in full compliance with the American Iron and Steel requirement as mandated in EPA's State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx Such process took place at the following location: If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative 20 4� PRO UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF WATER DECISION MEMORANDUM SUBJECT: De Minimis Waiver of Section 436 of P.L. 113-76, Consolidated Appropriations Act (CAA), 2014 FROM: Nancy K. Stoner Acting Assistant Administrator The EPA is hereby granting a nationwide waiver pursuant to the "American Iron and Steel (AIS)" requirements of P.L. 113-76, Consolidated Appropriations Act, 2014 (Act), section 436 under the authority of Section 436(b)(1) (public interest waiver) for de minimis incidental components of eligible water infrastructure projects. This action permits the use of products when they occur in de minimis incidental components of such projects funded by the Act that may otherwise be prohibited under section 436(a). Funds used for such de minimis incidental components cumulatively may comprise no more than a total of 5 percent of the total cost of the materials used in and incorporated into a project; the cost of an individual item may not exceed 1 percent of the total cost of the materials used in and incorporated into a project. P.L. 113-76, Consolidated Appropriations Act, 2014 (Act), includes an "American Iron and Steel" (AIS) requirement in section 436 that requires Clean Water State Revolving Loan Fund (CWSRF) and Drinking Water State Revolving Loan Fund (DWSRF) assistance recipients to use specific domestic iron and steel products that are produced in the United States if the project is funded through an assistance agreement executed beginning January 17, 2014 (enactment of the Act), through the end of Fiscal Year 2014, unless the agency determines it necessary to waive this requirement based on findings set forth in Section 436(b). The Act states, "[the requirements] shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency... finds that— (1) applying subsection (a) would be inconsistent with the public interest" 436(b)(1). In implementing section 436 of the Act, the EPA must ensure that the section's requirements are applied consistent with congressional intent in adopting this section and in the broader context of the purposes, objectives, and other provisions applicable to projects funded under the SRF. Water infrastructure projects typically contain a relatively small number of high -cost components incorporated into the project. In bid solicitations for a project, these high -cost components are generally described in detail via project specific technical specifications. For these major components, utility owners and their contractors are generally familiar with the conditions of availability, the potential alternatives for each detailed specification, the approximate cost, and the country of manufacture of the available components. Internet Address (URA) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer. Process Chlorine Free Recycled Paper Every water infrastructure project also involves the use of thousands of miscellaneous, generally low-cost components that are essential for, but incidental to, the construction and are incorporated into the physical structure of the project. For many of these incidental components, the country of manufacture and the availability of alternatives is not always readily or reasonably identifiable prior to procurement in the normal course of business; for other incidental components, the country of manufacture may be known but the miscellaneous character in conjunction with the low cost, individually and (in total) as typically procured in bulk, mark them as properly incidental. Examples of incidental components could include small washers, screws, fasteners (i.e., nuts and bolts), miscellaneous wire, corner bead, ancillary tube, etc. Examples of items that are clearly not incidental include significant process fittings (i.e., tees, elbows, flanges, and brackets), distribution system fittings and valves, force main valves, pipes for sewer collection and/or water distribution, treatment and storage tanks, large structural support structures, etc. The EPA undertook multiple inquiries to identify the approximate scope of de minimis incidental components within water infrastructure projects during the implementation of the American Reinvestment and Recovery Act (ARRA) and its requirements (Buy American provisions, specifically). The inquiries and research conducted in 2009 applies suitably for the case today. In 2009, the EPA consulted informally with many major associations representing equipment manufacturers and suppliers, construction contractors, consulting engineers, and water and wastewater utilities, and performed targeted interviews with several well -established water infrastructure contractors and firms who work in a variety of project sizes, and regional and demographic settings to ask the following questions: • What percentage of total project costs were consumables or incidental costs? • What percentage of materials costs were consumables or incidental costs? • Did these percentages vary by type of project (drinking water vs. wastewater treatment plant vs. pipe)? The responses were consistent across the variety of settings and project types, and indicated that the percentage of total costs for drinking water or wastewater infrastructure projects represented by these incidental components is generally not in excess of 5 percent of the total cost of the materials used in and incorporated into a project. In drafting this waiver, the EPA has considered the de minimis proportion of project costs generally represented by each individual type of these incidental components within the many types of such components comprising those percentages, the fact that these types of incidental components are obtained by contractors in many different ways from many different sources, and the disproportionate cost and delay that would be imposed on projects if the EPA did not issue this waiver. Assistance recipients who wish to use this waiver should in consultation with their contractors determine the items to be covered by this waiver and must retain relevant documentation (i.e., invoices) as to those items in their project files. If you have any questions concerning the contents of this memorandum, please contact Timothy Connor, Chemical Engineer, Municipal Support Division, at connor.timothy@epa.gov or (202) 566-1059 or Kirsten Anderer, Environmental Engineer, Drinking Water Protection Division, at anderer.kirsten@epa.gov or (202) 564-3134. Issued on: Approved by: APR 15 2014 Nancy K. Ston�r Acting Assista t Administrator UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D C 20460 FEB 18 2C3 DECISION MEMORANDUM OFFICE OF WATER SUBJECT: National Product Waiver for Pig Iron and Direct Reduced Iron for State Revolving Fund Projects /W/) i,144,4 FROM: enneth J. Kopocis Deputy Assistant Administrator The U.S. Environmental Protection Agency is hereby granting a national product waiver pursuant to the "American Iron and Steel" provisions of the Clean Water Act and Public Law 113-235, the "Consolidated and Further Continuing Appropriations Act, 2015," for certain intermediate goods used in the manufacture of iron and steel products.' This waiver permits the use of pig iron and direct reduced iron manufactured outside of the United States in domestic manufacturing processes for iron and steel products used in projects funded by a Clean Water or Drinking Water State Revolving Fund that may otherwise be prohibited absent this waiver. The waiver is retroactive and thus also applies to the use of non -domestic pig iron and direct reduced iron before the signature date. Background: Pig iron and direct reduced iron are intermediate products of iron and steel manufacturing used as material feed sources in iron and steel foundries and steel mills. Pig iron is a product of iron ore smelting in a blast furnace. It is made from molten iron, which has been cast in the shape of "pigs" as it comes from the blast furnace. Direct reduced iron ore is produced from iron ore, pellets or fines, which are reduced in a solid state using natural gas. Hot briquetted iron, or HBI, is a compacted form of direct reduced iron with enhanced physical characteristics for shipment and storage. Coverage: This waiver permits the use of iron and steel products that were manufactured using non -domestic pig iron and direct reduced iron in projects that receive funds from either the CWSRF or DWSRF. Any project that received or will receive funds from the CWSRF or DWSRF beginning with the enactment of P.L. 113-76, the "Consolidated Appropriations Act, 2014," may use this waiver for iron and steel that use these intermediate goods. Rationale: The AIS provisions require CWSRF and DWSRF assistance recipients to use specific domestic iron and steel products that are produced in the United States if the project is funded 'Absent a waiver, all treatment works and drinking water facilities that are constructed, in whole or in part. with funds from the CWSRF or the DWSRF, must use American made iron and steel. EPA is allowed under certain circumstances to provide waivers of this requirement. Internet Address (URL) • httpllwww epa gov Recycled/Recyclable • Printed with Vegetable Oil Based inks on 10B% Postconsumer Process Chlorine Free Recycled Paper through an SRF assistance agreement unless the Agency determines that it is necessary to waive this requirement. EPA has authority to issue waivers in accordance with Section 608(c)(2) of the Clean Water Act and the AIS provisions extended by P.L. 113-235, the "Consolidated and Further Continuing Appropriations Act, 2015," under the authority of Section 424(b)(2). The provision states in part: "[the requirements] shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency... finds that — iron and steel products are not produced in the United States in sufficient and reasonably available quantities and ofa satisfactory quality." Product manufacturers and suppliers informed EPA of concerns about the sufficient availability of domestically produced pig iron and direct reduced iron. The iron and steel products produced at steel mills and foundries that use non -domestic intermediate goods are not compliant with the AIS requirements. AIS compliant products used at water and wastewater projects could be in extremely short supply should a waiver of the intermediate goods not be available. EPA conducted extensive market research on the supply of pig iron and direct reduced iron and found that domestic supplies of these goods sold on the open market are generally not available. There are three major types of facilities that manufacture iron and steel finished products: basic oxygen furnace steel mills (BOF), electric arc furnace steel mills (EAF) and foundries. BOF steel mills undertake both iron making and steel making, as molten iron from the blast furnace is the required feedstock for BOF steel production. EAF steel mills and foundries, on the other hand, use iron and steel scrap as their principal feedstock, which must be supplemented with the use of pig iron and/or direct reduced iron in their manufacturing processes to achieve required steel qualities. EPA market research has shown that BOF steel mills are able to produce adequate amounts of pig iron to meet their own demands, but these mills use the bulk of this production for their own processes and do not sell pig iron on the open market in sufficient quantities. At this time, there is only one producer of direct reduced iron operating in the U.S. and the company uses the output internally for EAF steel production. Therefore, EAF steel mills and foundries must import pig iron and direct reduced iron to meet their iron needs. At least 60 percent of the nation's steel production comes from the EAF steel mills that use non - domestic pig iron and direct reduced iron in their manufacturing processes. Consequently, the majority of steel used in water and wastewater projects would not be compliant with the AIS requirements absent this waiver. Similarly, most, if not all, of the iron foundries in the United States use non -domestic pig iron and direct reduced iron to produce cast and ductile iron products used by water and wastewater projects. Therefore, the majority of iron used in water and wastewater projects would not be compliant with the AIS requirements absent this waiver. Hence, EPA is hereby providing a nationwide waiver pursuant to AIS requirements to cover the non -domestic intermediate iron goods used in the manufacture of iron and/or steel components and products for water and wastewater projects. Public Comments: EPA requested comments on the draft national waiver and a majority of the comments received were supportive ofa national waiver. The commenters in support of the waiver agreed with the Agency's conclusion that pig iron and direct reduced iron are not 2 produced in the United States in sufficient and reasonably available quantities to meet the needs of many domestic foundries and steel mills. These commenters believe that the waiver will ensure that pig iron and direct reduced iron are treated similarly to raw material inputs in iron and steel manufacturing and by doing so the EPA will preserve the viability of the AIS requirement. These commenters also state that the waiver would treat pig iron and direct reduced iron in a manner consistent with the implementation of other similar federal laws such as the Federal Highway Administration's Buy America requirement. The FHWA issued a similar nationwide waiver of the Buy America requirements in 1995 for pig iron and processed, pelletized and reduced iron ore. A few commenters challenged the Agency's issuance of a nationwide waiver of the AIS requirements for pig iron and direct reduced iron. These commenters disagreed with the Agency's interpretation of the AIS requirements and stated that raw materials used in iron and steel production must also be produced in the United States. In addition, the commenters questioned whether the Agency could exempt iron and steel products that are composed of non - domestic materials. The statutory language lists the categories of products that are considered "iron and steel products." The statutory requirements include provisions that allow the EPA to issue waivers under defined conditions, including the case where iron and steel products are not produced in the United States in sufficient and reasonably available quantities. The Agency's market research, supported by comments from manufacturers, has shown that pig iron and direct reduced iron are not produced in the United States in sufficient and reasonably available quantities. Therefore the Agency is -authorized to issue a waiver for iron and steel products composed of non -domestic pig iron and direct reduced iron. Legal Authority: Legal authority for the AIS requirements for CWSRF projects is included under Sec. 608(c)(2) of the Clean Water Act and previously under P.L. 113-76, the "Consolidated Appropriations Act, 2014," under the authority of Section 436(b)(2). Legal authority for the AIS requirements for DWSRF projects is included under P.L. 113-235, the "Consolidated and Further Continuing Appropriations Act, 2015," under the authority of Section 424(b)(2) and also previously under P.L. 113-76. This waiver will continue in force for DWSRF projects under any continuing resolutions or statutes that use similar language as in Section 424 of the "Consolidated and Further Continuing Appropriations Act, 2015." If you have questions concerning the contents of this memorandum, please contact Timothy Connor, Chemical Engineer, Municipal Support Division, at connor.tirnothy@epa.gov or (202) 566-1059 or Kiri Anderer, Environmental Engineer, Drinking Water Protection Division, at anderer.kirsten@epa.gov or (202) 564-3134. 3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D . 20460 OCT 2 7 2015 DECISION MEMORANDUM OFFICE OF WATER SUBJECT: National Product Waiver for Minor Components within Iron and Steel Products (with Cost Ceiling) for State Revolving Fund Projects FROM: Kenneth J. Kopocis Deputy Assistant Administrator The U.S. Environmental Protection Agency is hereby granting a national product waiver pursuant to the "American Iron and Steel" provisions of the Clean Water Act and Public Law 113-235, the "Consolidated and Further Continuing Appropriations Act, 2015," (hereinafter referred to as "the Acts") for minor components within a product under an established cost ceiling) The waiver will permit projects funded by the Clean Water State Revolving Fund or Drinking Water State Revolving Fund to use non -domestically produced miscellaneous minor components within an otherwise domestically produced iron and steel product for up to 5 percent of the total material cost of the product. These products could be prohibited absent this waiver. This waiver is retroactive, and so also applies to products purchased before the signature date of this waiver. Coverage: The items covered by this waiver include miscellaneous minor components within iron and steel products as defined in the AIS provisions of the Acts. The specific minor components in covered iron and steel products will vary by product and manufacturer. Pursuant to this waiver, non -domestically produced miscellaneous minor components comprising up to 5 percent of the total material cost of an otherwise domestically produced iron and steel product may be used. This waiver does not exempt the whole product from the AIS requirements, and the primary iron or steel components of the product must be produced domestically. Unless subject to a separate waiver, all other iron and steel components in these products must still meet the AIS requirements. Valves and hydrants are also subject to the cost ceiling requirements described here. This waiver supersedes the EPA's previous guidance issued on May 30, 2014, (Question 1) related to minor components in valves and hydrants. The coverage of this waiver is different from that of the existing national de minimis waiver. While the national de minimis waiver covers entire products (when those products are generally of low cost and incidental to the construction of the project), this waiver covers minor components within an iron and steel product. In addition, the national de minimis waiver is intended for assistance recipients to use for their projects, while this minor components waiver is intended to allow manufacturers to certify that their products comply with the AIS requirements. Absent a waiver. all treatment works and drinking water facilities that are constructed, in whole or in part, with funds from the CWSRF or the ❑WSRF• must use American made iron and steel. The EPA is allowed under certain circumstances to provide waivers of this requirement. Internet Address (URL) • http Ilwww epa.gov Recycled/Recyclable • Primed with Vegetable Oil Based inks on 100% Postconsumer, Process Chlorine Free Recycled Paper Rationale: The AIS provisions require recipients of CWSRF and DWSRF assistance to use specific domestically -produced iron and steel products in their project, unless the Agency determines it is necessary to waive this requirement. The EPA has authority to issue waivers in accordance with Section 608(c)(1) of the Clean Water Act and the AIS provisions extended by P.L. 1 13-235, the "Consolidated and Further Continuing Appropriations Act, 2015," under the authority of Section 424(b)(1). The provisions state in part: "[the requirements] shaftnot apply in any case or category of cases in which the Administrator of the Environmental Protection Agency...finds that...applying subsection (a) would be inconsistent with the public interest." Many product manufacturers and suppliers identified significant compliance challenges absent this waiver. Water and wastewater utilities are generally unable to obtain a range of AIS compliant iron and steel products (such as valves, hydrants and pipe restraints) that contain 100 percent domestic components. The manufacturers stated that the origin of a significant proportion of very small minor components cannot be reliably tracked or even discerned. They provided examples of product lines that would need duplicative inventories of extremely [ow -cost miscellaneous minor components in order to supply AIS compliant products. Manufacturers also raised concerns related to challenges of inventory tracking, inventory control and excessive costs associated with duplicative inventory needed to supply utilities with essential domestic products. The EPA concludes that requiring manufacturers and suppliers to overcome the challenges identified above would be inconsistent with the public's interest. In order to balance the reliability, availability and maximum supply of domestically produced iron and steel products, it is acceptable for a manufacturer to incorporate a relatively small proportion of miscellaneous minor components of non -domestic or unknown origin within an otherwise domestically manufactured product. Legal Authority: Legal authority for the AIS requirements for CWSRF projects is included under Sec. 608(c)(1) of the Clean Water Act and previously under P.L. 113-76, "Consolidated Appropriations Act, 2014," under the authority of Section 436(6)(1). Legal authority for the AIS requirements for DWSRF projects is included under F.L. 113-235, the "Consolidated and Further Continuing Appropriations Act, 2015", under the authority of Section 424(b)(1) and also previously under P.L. 113-76. This waiver will continue in force for DWSRF projects under any continuing resolutions or statutes that use similar language as Section 424 of the "Consolidated and Further Continuing Appropriations Act, 2015." If you have any questions concerning the contents of this memorandum, please contact Timothy Connor, Chemical Engineer, Municipal Support Division, at connor.timothy@epa.gov or (202) 566-1059 or Kiri Anderer, Environmental Engineer, Drinking Water Protection Division, at anderer.kirsten@epa.gov or (202) 564-3134. American Iron and Steel Certification The Contractor acknowledges to and for the benefit of and the State of Missouri that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements (see attached) commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States ("American Iron and Steel Requirement") including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. Name of Contracting Firm Signature Date Name and Title of Signer (Please type) Davis Bacon Act Requirements Pursuant to the Federal Appropriations Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Appropriations Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Additional guidance can be located at DOL's web site at https://www.wdol.gov/index.aspx 1. The Davis -Bacon (DB) prevailing wage requirements apply to the construction, alteration, and repair activity of infrastructure, including all construction, alteration and repair activity involving waste water or drinking water treatment plants is subject to DB. Prime contractors and subcontractors must follow the wage determination incorporated into the prime contract. 2. Contract and Subcontract provisions. (a) Minimum wages. (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3) ), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(2) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) Any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The EPA award official shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the funding recipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the funding recipient (s) to the MDNR. The MDNR will transmit the report, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the MDNR or will notify the MDNR within the 30 -day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the and the funding recipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the funding recipient shall refer the questions, including the views of all interested parties and the recommendation of the MDNR, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (5) The wage rate (including fringe benefits where appropriate) shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (6) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (7) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (b) Withholding. (1) The funding recipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (c) Payrolls and basic records. (1) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (2) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the funding recipient, that is, the entity that receives the grant or loan from the MDNR. As to each payroll copy received, the funding recipient shall provide written confirmation in a form satisfactory to the MDNR indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the funding recipient (s) for transmission to the MDNR or EPA if requested by EPA, the MDNR, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the funding recipient (s). (3) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (4) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (c)(3) of this section. (5) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (6) The contractor or subcontractor shall make the records required under paragraph (c)(1) of this section available for inspection, copying, or transcription by authorized representatives of the MDNR, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (d) Apprentices and trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (e) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (h) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (i) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (j) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and funding recipient(s), MDNR, EPA, the U.S. Department of Labor, or the employees or their representatives. (k) Certification of eligibility. (1) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 3. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The following clauses shall be inserted in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (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 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 (a)(1) of this section the contractor and any subcontractor responsible therefore 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 forth in paragraph (a)(1) of this section, 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 (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The funding recipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall 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 (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors 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 (a)(1) through (4) of this section. (b) In any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the MDNR and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 4. Compliance Verification (a) The funding recipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. (b) The funding recipient must conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor's submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. Funding recipients must conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. Funding recipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. (c) The funding recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The funding recipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the funding recipient must spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Funding recipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB . In addition, during the examinations the funding recipient shall verify evidence of fringe benefit plans and payments there under by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The funding recipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Funding recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/esa/contacts/whd/america2.htm. CW/DW SRF P&S E Recipient Notice Davis -Bacon Act Requirements Funding Recipient Requirements If the funding recipient encounters a unique situation at a site that presents uncertainties regarding Davis Bacon (DB) applicability, the funding recipient must discuss the situation with the MDNR before authorizing work on that site. The funding recipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. The funding recipients may obtain wage determinations from the U.S. Department of Labor's web site, www.wdol.gov. While the solicitation remains open, the funding recipient shall monitor www.wdol.gov. on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The funding recipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the funding recipients may request a finding from the MDNR that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The MDNR will provide a report of its findings to the funding recipient. If the funding recipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the MDNR, at the request of the funding recipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The funding recipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. If the funding recipient carries out an activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the funding recipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. Funding recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a funding recipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the funding recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the funding recipient shall either terminate the contract or CW/DW SRF P&S E Recipient Notice ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The funding recipient's contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. The funding recipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1, the following clauses: 1) The funding recipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The funding recipient must use Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. 2) The funding recipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the funding recipient must conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor's submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. The funding recipients must conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. The funding recipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. 3) The funding recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The funding recipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the funding recipient must spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. The funding recipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB . In addition, during the examinations the funding recipient shall verify evidence of fringe CW/DW SRF P&S E Recipient Notice benefit plans and payments there under by contractors and subcontractors who claim credit for fringe benefit contributions. The funding recipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the funding recipient, that is, the entity that receives the grant or loan from the MDNR. As to each payroll copy received, the funding recipient shall provide written confirmation in a form satisfactory to the MDNR indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The funding recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at https://www.dol.gov/esa/contacts/whd/america2.htm. CW/DW SRF P&S E Recipient Notice Statement of Compliance (To be submitted with contractor's weekly payroll if not using form WH-347 or LS -57) I hereby certify the following: 1) The payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii) and 8 CSR 30-3.010(6), and that the appropriate information is being maintained under 29 CFR 5.5 (a)(3)(i) and Section 290.290 RSMo, and that such information is correct and complete; 2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3.5 and Section 290.315 RSMo; 3) That each laborer or mechanic has been paid not less than the applicable state or federal wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable state or federal wage determination incorporated into the contract. 4) The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See section 1001 of Title 18 and section 231 of Title 31 of the United States Code. Signature of Contractor or Subcontractor Date EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 April 18, 2022 M-22-11 MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: Shalanda D. Young Director oag, SUBJECT: Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act ("IIJA"), Pub. L. No. 117-58, which includes the Build America, Buy America Act ("the Act"). Pub. L. No. 117-58, §§ 70901-52. The Act strengthens Made in America Laws 1 and will bolster America's industrial base, protect national security, and support high -paying jobs. The Act requires that no later than May 14, 2022-180 days after the enactment of the IIJA—the head of each covered Federal agency2 shall ensure that "none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States."3 The Act affirms, consistent with Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers ("the Executive Order"), this Administration's priority to "use terms and conditions of Federal financial assistance awards to maximize the use of goods, products, and materials produced in, and services offered in, the United States."4 The Act provides statutory authorities for the Made in America Office ("MIAO") in the Office of Management and Budget ("OMB") to maximize and enforce compliance with Made in "Made in America Laws" means all statutes, regulations, rules, and Executive Orders relating to Federal financial assistance awards or Federal procurement, including those that refer to "Buy America" or "Buy American," that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States. Made in America Laws include laws requiring domestic preference for maritime transport, including the Merchant Marine Act of 1920 (Pub. L. No. 66-261), also known as the Jones Act. Exec. Order No. 14,005, 86 Fed. Reg. 7475, § 2(b) (Jan. 28, 2021), available at haps://www.federalregister.gov/documents/2021 /01 /28/2021-02038/ensuring-the-future-is-made-in-all-of-america-by-all-of-americas-workers. Made in America Laws also include laws that give preference to Indian -owned and -controlled businesses, such as the Buy Indian Act (25 U.S.C. 47), that produce items in the United States. 2 For the purposes of this guidance, the terms "Federal agency" and "agency" mean any authority of the United States that is an "agency" (as defined in section 3502 of title 44, United States Code), other than an independent regulatory agency (as defined in that section). IIJA, § 70912(3). ' IIJA, § 70914(a). Exec. Order No. 14,005 (see footnote 1). America Laws.' MIA() aims to increase reliance on domestic supply chains and reduce the need for waivers through a strategic process aimed at: achieving consistency across agencies; gathering data to support decision -making to make U.S. supply chains more resilient; bringing increased transparency to waivers in order to send clear demand signals to domestic producers; and concentrating efforts on changes that will have the greatest impact.6 This memorandum provides implementation guidance to Federal agencies on the application of: (1) a "Buy America" preference? to Federal financial assistance programs for infrastructure; and (2) a transparent process to waive such a preference, when necessary. A Federal financial assistance program for infrastructure is any program under which an award may be issued for an infrastructure project, regardless of whether infrastructure is the primary purpose of the award. The term "project" means any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States.8 Agencies should determine how this guidance is best applied to their infrastructure programs and processes, and consult with OMB, as needed, on establishing criteria, processes, and procedures for applying a Buy America preference and issuing waivers. OMB may update or provide additional guidance, as appropriate, to further assist agencies in the implementation of a Buy America preference. I. Application of a Buy America Preference By May 14, 2022, agencies must ensure that all applicable programs comply with section 70914 of the Act, including by the incorporation of a Buy America preference in the terms and conditions of each award with an infrastructure project.9 The Act requires the following Buy America preference: (1) All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 5 IIJA, § 70923(a) & (b)(1). 6 OMB Memorandum M-21-26, Increasing Opportunities for Domestic Sourcing and Reducing the Need for Waivers from Made in America Laws available at: https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-06.pdf For the purposes of this guidance, a "Buy America" preference is a domestic content procurement preference as defined in IIJA, § 70912(2). 8 IiJA, § 70912 (5) & (7). 9 See Appendix I: Example of Award Term - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials. 2 (3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.1°' 11 II. Applicability to Federal Financial Assistance Programs This guidance applies to all Federal financial assistance as defined in section 200.1 of title 2, Code of Federal Regulations12—whether or not funded through IIJA—where funds are appropriated or otherwise made available and used for a project for infrastructure. Federal financial assistance means assistance that non -Federal entities receive or administer in the form of grants, cooperative agreements, non -cash contributions or donations of property, direct assistance, loans, loan guarantees, and other types of financial assistance. The term "non -Federal entity" includes States, local governments, territories, Indian tribes, Institutions of Higher Education (IHE), and nonprofit organizations.13 For purposes of this guidance, for-profit organizations are not considered non -Federal entities. However, this guidance does not alter independent statutory authorities that agencies may have to include domestic content requirements in awards of Federal financial assistance issued to for-profit organizations. Federal agencies are encouraged to consult with OMB if they are uncertain about the applicability of this guidance to any particular infrastructure program. Before applying a Buy America preference to a covered program that will affect Tribal communities, Federal agencies should follow the consultation policies established through Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, and consistent with policies set forth in the Presidential Memorandum of January 26, 2021, on Tribal Consultation and Strengthening Nation -Nation Relationships. Federal agencies should commence consultation promptly. This guidance does not apply to "expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 16 5170c, 5172, 5174, or 5192) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre and post disaster or emergency response expenditures."14 "[P]re and post disaster or emergency response expenditures" consist of expenditures for financial assistance that are (1) authorized by statutes other than the Stafford Act, 42 U.S.C. §§ 5121 et seq., and (2) made in anticipation of or response to an event or events that qualify as an "emergency" or "major disaster" within the meaning of the Stafford Act, id. § 5122(1), (2). Awards made to support the construction or improvement of infrastructure to mitigate the damage that may be caused by a non -imminent future emergency or disaster, such as awards IIJA, § 70912 (2) & (6)(B)(ii). 11 See Section VIII. of this guidance for more information on construction materials. 12 IIJA § 70912(4)(A) 13 See 2 C.F.R. § 200.1. 14 ILIA § 70912(4)(B) 3 made under FEMA's Flood Mitigation Assistance program,15 do not qualify as "pre and post disaster or emergency response expenditures." Subawards should conform to the terms and conditions of the Federal award from which they flow.16 The IIJA's definition of "infrastructure" encompasses public infrastructure projects. Thus, the term "infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property.17 Agencies should treat structures, facilities, and equipment that generate, transport, and distribute energy - including electric vehicle (EV) charging - as infrastructure. When determining if a program has infrastructure expenditures, Federal agencies should interpret the term "infrastructure" broadly and consider the definition provided above as illustrative and not exhaustive. When determining if a particular construction project of a type not listed in the definition above constitutes "infrastructure," agencies should consider whether the project will serve a public function, including whether the project is publicly owned and operated, privately operated on behalf of the public, or is a place of public accommodation, as opposed to a project that is privately owned and not open to the public. Projects with the former qualities have greater indicia of infrastructure, while projects with the latter quality have fewer. Projects consisting solely of the purchase, construction, or improvement of a private home for personal use, for example, would not constitute an infrastructure project. Federal agencies are strongly encouraged to consult with OMB when making such determinations. Agencies should consult with MIAO regarding their readiness to apply the requirements of the Act to covered programs. Agencies with questions regarding the application of a Buy America preference to agency -specific programs, including questions about the possible use of waivers during adjustment periods as agencies work to implement the Act, are advised to reach out to MIAO for technical assistance and advice. III. Consistency with International Agreements Pursuant to section 70914(e) of the Act, this guidance must be applied in a manner consistent with the obligations of the United States under international agreements. IV. Avoid Unnecessary Disruption The Act makes clear that its preferences apply to a Federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described 15 See 42 U.S.C. § 4104c. 6 2 CFR 200.101 (b) (2) 17 IIJA, § 70912(5). 4 in section 70914 of the Act does not already apply to iron, steel, manufactured products, and construction materials.18 Agencies should consider whether existing domestic content requirements meet the standards in the Act, as described in this memorandum. Agencies must make necessary changes to come into compliance with the Act's requirements, while preserving policies and provisions that already meet or exceed the standards required by the Act. For example, a program in which the standards for iron and steel already meet the standards in the Act may nevertheless be required to adopt new standards for manufactured products and construction materials. Maintaining current policies where appropriate avoids unnecessary disruption to programs, or elements of programs, that already meet or exceed Build America, Buy America requirements. V. Effective Date for Awards Agencies must ensure that, starting on May 14, 2022, all Federal financial assistance programs for infrastructure comply with the requirements of section 70914 of the Act. Therefore, new awards made on or after May 14, 2022, must take appropriate steps to ensure financial assistance awards comply with these requirements, which may include appropriate terms and conditions19 incorporating a Buy America preference. Renewal awards and amendments obligating additional funds to existing awards that are executed on or after May 14, 2022, must also include a Buy America preference. This means that agencies must include a Buy America preference in awards issued on or after May 14, 2022, even if Notices of Funding Opportunities for those awards did not include a Buy America preference. In these cases, agencies may consider whether public interest waivers may be needed to avoid undue increases in the time and cost of a project. Similarly, public interest waivers may be needed for awards and amendments made on or after May 14, 2022, where budgets for purchase of covered materials have already been agreed upon (including if materials have been ordered and construction has begun). Consistent with the guidance provided below, agencies should issue waivers judiciously and clearly communicate to recipients the limitations and conditions of any such waivers. VI. Articles, Materials, and Supplies for Infrastructure A Buy America preference, as defined in section I of this guidance, only applies to the iron and steel, manufactured products, and construction materials used for the infrastructure project under an award. If an agency has determined that no funds from a particular award under a covered program will be used for infrastructure, a Buy America preference does not apply to that award. Similarly, for a covered program, a Buy America preference does not apply to non - infrastructure spending under an award that also includes a covered project. A Buy America preference applies to an entire infrastructure project, even if it is funded by both Federal and non -Federal funds under one or more awards. A Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply 18 ILIA, § 70917(a) &(b). 19 See Appendix I: Example of Award Term - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials for exemplary language. 5 to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of or permanently affixed to the structure. For the purposes of this guidance, an article, material, or supply should only be classified into one of the following categories: (1) iron or steel; (2) a manufactured product; or (3) a construction material. For ease of administration, an article, material, or supply should not be considered to fall into multiple categories. Agencies should apply the iron and steel test to items that are predominantly iron or steel, unless another standard applies under law or regulation. Any waivers from these requirements must be in writing and meet the requirements of section 70914(b). VII. Issuing Buy America Waivers Pursuant to Section 70914(c) of the Act, the head of a Federal agency may waive the application of a Buy America preference under an infrastructure program in any case in which the head of the Federal agency finds that — (1) applying the domestic content procurement preference would be inconsistent with the public interest (a "public interest waiver"); (2) types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (a "nonavailability waiver"); or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an "unreasonable cost waiver"). Federal agencies are responsible for processing and approving all waivers, including waivers requested by recipients and on behalf of subrecipients. To the greatest extent practicable, waivers should be targeted to specific products and projects.20 Before issuing a waiver, the head of the Federal agency must make publicly available on the agency's website a detailed written explanation for the proposed determination to issue the waiver and provide at least 15 days for public comment on the proposed waiver.21 General applicability waivers are subject to a minimum 30 -day public comment period.22 By April 29, 2022, agencies should provide the website address where they will be posting proposed waivers for public comment to MBX.OMB.MadeInAmerica@omb.eop.gov. Pursuant to sections 70914(c) and 70937 of the Act, the waiver must be cross -posted to a centralized waiver transparency website managed by GSA, BuyAmerican.gov,23 no later than November 15, 2022. 20 See Section VII of this guidance for information on waiver principles and criteria. 21 Executive Order, § 4(b)(i)(2); IIJA, § 70914(c); IIJA, § 70937 (note that "Buy American" as used in this section also refers to Buy America preferences, per IBA, § 70932(1)). 22 IBA § 70914(d)(2)(A)(ii). See Section VII of this guidance for information on general applicability waivers. 23 BuyAmerican.gov redirects to MadehiAmerica.gov. 6 To minimize duplication and promote efficiency, MIAO and GSA will coordinate with agencies on the expansion of the existing website's functionality to display waivers for Federal financial assistance and provide further instructions to agencies as necessary. Federal agencies are responsible for performing due diligence and approving or rejecting waivers consistent with the Act, this guidance, and any other applicable Buy America laws. Federal agencies should notify MIAO in advance of posting an award- or project -level proposed waiver for public comment. However, Federal agencies must consult with MIAO for proposed waivers with broader applicability (such as a general applicability waiver) before posting them for public comment. The purpose of the consultation is to identify any opportunities to structure the waiver in order to maximize the use of goods, products, and materials produced in the United States to the greatest extent possible consistent with law. Federal agencies should send proposed waivers for review to MBX.OMB.MIAwaivers@omb.eop.gov. Federal agencies must submit to MIAO a proposed waiver for review after the public comment period has concluded. MIAO will review the proposed waiver to determine if it is consistent with applicable law and policy,24 and will notify the Federal agency of its determination. All waiver requests must include a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States25 and a certification that there was a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with potential suppliers.26 In addition, at a minimum and to the greatest extent practicable, each proposed waiver submitted to MIAO should include the following information, as applicable: • Waiver type (nonavailability, unreasonable cost, or public interest) • Recipient name and Unique Entity Identifier (UEI) • Federal awarding agency organizational information (e.g., Common Government - wide Accounting Classification (CGAC) Agency Code) • Financial assistance listing name and number • Federal financial assistance program name • Federal Award Identification Number (FAIN) (if available) • Federal financial assistance funding amount • Total cost of infrastructure expenditures, including all Federal and non -Federal funds (to the extent known) • Infrastructure project description and location (to the extent known) • List of iron or steel item(s), manufactured products, and construction material(s) proposed to be excepted from Buy America requirements, including name, cost, country(ies) of origin (if known), and relevant PSC and NAICS code for each. • A certification that the Federal official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. 24 Executive Order, § 4(c). 25 ILIA, § 70937(c)(2)(A). 26IIJA, § 70937(c)(2)(D). 7 • A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach), by the Federal awarding agency and, and in the case of a project or award specific waiver, by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America -compliant bids received in response to a solicitation. • Anticipated impact if no waiver is issued. • Any relevant comments received through the public comment period. The purpose of the information is to ensure that the agency has adequate information to perform due diligence, that MIAO has sufficient information to determine whether the proposed waiver is consistent with law and policy, and that sufficient information is available for public review. Information provided for public review should help interested manufacturers gauge the demand for products for which agencies are considering waiving a Buy America preference. To avoid a need for duplicative waiver requests from entities that receive funding for one infrastructure project through multiple Federal agencies, the Federal agency contributing the greatest amount of Federal funds for the project should be considered the "Cognizant Agency for Made in America" and should take responsibility for coordinating with the other Federal awarding agencies. Such coordination will provide uniform waiver criteria and adjudication processes, minimize duplicative efforts among Federal agencies, and reduce burdens on recipients. The Cognizant Agency for Made in America shall be responsible for consulting with the other Federal awarding agencies, publicizing the proposed joint waiver, and submitting the proposed joint waiver for review to MIAO. a. Exceptions for Unforeseen and Exigent Circumstances In limited situations where there is an urgent need in an unforeseen and exigent circumstance, agencies have the authority to waive the application of Buy America preferences without submitting the waiver for public comment and MIAO determination. 27 As an exception to the public transparency requirements of the Act, agencies should exercise that authority only when necessary. Further, to ensure MIAO can fulfill its role as a central and transparent source of Made in America waivers, an agency that issues a waiver without first seeking public comment and MIAO approval must, within 30 days of the waiver's issuance, submit a report to MIAO explaining its reliance upon the "unforeseen and exigent circumstance" exception.28 MIAO will provide further instructions to agencies on how to submit those reports. Although public posting and MIAO review may be waived in exigent circumstances, agencies remain responsible for performing due diligence appropriate to the circumstances, consistent with the principles and criteria in paragraphs VII(b) and (c) below. 27 ILIA, § 70937(b)(2). 28 This reporting process was established pursuant to Executive Order 14,005, § 4(d) and OMB Guidance on Improving the Transparency of Made in America Waivers available at: https://www.whitehouse.gov/wp-content/uploads/2021/10/Guidance-Memo-Improving-the-Transparency- of-Made-in-America-Waivers.pdf. 8 b. Waiver Principles and Criteria To ensure they are scrupulously monitoring, enforcing, and complying with applicable Buy America Laws and minimizing the use of waivers,29 agencies must apply standard criteria to determine whether to grant a waiver in a given circumstance. Agencies with existing criteria must review it for consistency with this guidance and update it as appropriate. All other agencies must establish criteria. Agencies may reject or grant waivers in whole or in part. To the greatest extent practicable, waivers should be issued at the project level and be product -specific. Overly broad waivers undermine market signals designed to boost domestic supply chains, particularly for key articles, materials and supplies in critical supply chains (i.e., critical supply chains identified in Executive Order 14017, America's Supply Chains). When necessary, agencies may consider issuing a waiver that has applicability beyond a single project; however, agencies should always issue, construe, and apply waivers to ensure the maximum utilization of goods, products, and materials produced in the United States, consistent with applicable law. Federal agencies may consult with MIAO when establishing or modifying criteria for granting waivers. They may also work within the Made in America Council, a practice that will help to foster consistency across agencies to the greatest extent practical and appropriate, given agency and program missions. Federal agencies should use the following principles before issuing a waiver of any type: • Time -limited: In certain limited circumstances, a Federal agency may determine that a waiver should be constrained principally by a length of time, rather than by the specific projects to which it applies. Waivers of this type may be appropriate, for example, when an item that is "nonavailable" is widely used in projects funded by a particular program's awards. When issuing such a waiver, the agency should identify a short, definite time frame (e.g., no more than one to two years) designed to ensure that, as domestic supply becomes available, domestic producers will have prompt access to the market created by the program. • Targeted: Waivers that are not limited to particular projects should apply only to the item(s), product(s), or material(s) or category(ies) of item(s), product(s), or material(s) necessary. Waivers that are overly broad will tend to undermine domestic preference policies. Broader waivers will receive greater scrutiny from MIAO. • Conditional: Federal agencies are encouraged to issue waivers with specific conditions that support the policies of the Act and the Executive Order. These principles and criteria should be viewed as minimum requirements for the use of waivers by Federal agencies.3° Nonavailability Waivers Before granting a nonavailability waiver, agencies should consider whether the recipient has performed thorough market research, which may be accomplished with assistance from the agency, and adequately considered, where appropriate, qualifying alternate items, products, or 29 ILIA § 70933(2). 30 See Section IV. of this guidance for agencies that have existing regulations or guidance. 9 materials. Waivers should describe the market research activities and methods to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources. Agencies are encouraged to engage with the Made in America Council to develop resource lists for common items, goods, or materials. Unreasonable Cost Waivers An unreasonable cost waiver is available if the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. Before granting an unreasonable -cost waiver, to the extent permitted by law, agencies should ensure the recipient has provided adequate documentation that no domestic alternatives are available within this cost parameter. Agencies may assist recipients in gathering documentation. For requests citing unreasonable cost as the statutory basis of the waiver, the waiver justification must include, as applicable, a comparison of the cost of the domestic product to the cost of the foreign product or a comparison of the overall cost of the project with domestic products to the overall cost of the project with foreign -origin products, pursuant to the requirements of the applicable Made in America law.31 Publicly available cost comparison data may be provided in lieu of proprietary pricing information.32 Unreasonable -cost waivers should be no broader than necessary. Public Interest Waivers A waiver in the public interest may be appropriate where an agency determines that other important policy goals cannot be achieved consistent with the Buy America requirements established by the Act and the proposed waiver would not meet the requirements for a nonavailability or unreasonable cost waiver. Such waivers shall be used judiciously and construed to ensure the maximum utilization of goods, products, and materials produced in the United States.33 To the extent permitted by law, determination of public interest waivers shall be made by the head of the agency with the authority over the Federal financial assistance award.34 Public interest waivers may have a variety of bases. As with other waivers, they should be project -specific whenever possible, as what is in the public interest may vary depending upon the circumstances of the project, recipient, and specific items, products, or materials in question. Federal agencies may wish to consider issuing a limited number of general applicability public interest waivers in the interest of efficiency and to ease burdens for recipients. The agency remains responsible for determining whether such a waiver is appropriate to apply to any 31 ILIA, § 70937(c)(2)(B). 32 IIJA, § 70937(c)(2)(B). 33IIJA, § 70935(a). 34 ILiA, § 70935(b). 10 given project; the Made in America Office will not review each application of such a waiver. The following are examples of types of public interest waivers an agency may consider issuing.35 • De Minimis: Ease of administration is important to reduce burden for recipients and agencies. Federal agencies may consider whether a general applicability public interest waiver should apply to infrastructure project purchases below a de minimis threshold. An agency may consider whether a public interest waiver should apply when necessary to ensure that recipients and Federal agencies make efficient use of limited resources, especially if the cost of processing the individualized waiver(s) would risk exceeding the value of the items waived. Agencies may consider adopting an agency -wide public interest waiver that sets a de minimis threshold, for example, of 5 percent of project costs up to a maximum of $1,000,000. • Small Grants: Agencies may wish to consider whether it is in the public interest to waive application of a Buy America preference to awards below the Simplified Acquisition Threshold. This type of waiver may be particularly relevant in the initial years after enactment of IIJA, and may be phased out over time as agencies develop efficient waiver review capabilities. • Minor Components: Agencies may wish to consider whether it is in the public interest to allow minor deviations for miscellaneous minor components within iron and steel products. A minor components waiver in the public interest may allow non - domestically produced miscellaneous minor components comprising no more than 5 percent of the total material cost of an otherwise domestically produced iron and steel product to be used. It would not be in the public interest to use a minor components waiver to exempt a whole product from the iron and steel requirements, or to allow the primary iron or steel components of the product to be produced other than domestically. • Adjustment Period: Agencies should consider whether brief, time limited waivers to allow recipients and agencies to transition to new rules and processes may be in the public interest. • International Trade Obligations: If a recipient is a State that has assumed procurement obligations pursuant to the Government Procurement Agreement or any other trade agreement, a waiver of a Made in America condition to ensure compliance with such obligations may be in the public interest. • Other Considerations: A waiver may be in the public interest in one circumstance, but not in another, and considerations will depend upon the nature and amount of resources available to the recipient, the value of the items, goods, or materials in question, the potential domestic job impacts, and other policy considerations, including sustainability, equity, accessibility, performance standards, and the domestic content (if any) of and conditions under which the non -qualifying good was produced. All proposed waivers citing the public interest as the statutory basis must include a detailed written statement, which shall address all appropriate factors, such as potential 3s The list is not exhaustive and no agency is required to issue the types of waivers noted as examples. As with other general applicability waivers, generally applicable public interest waivers must be reviewed at least every five years and more often as appropriate. 11 obligations under international agreements, justifying why the requested waiver is in the public interest.36 Before granting a waiver in the public interest, to the extent permitted by law, agencies shall assess whether a significant portion of any cost advantage of a foreign -sourced product is the result of the use of dumped steel, iron, or manufactured products or the use of injuriously subsidized steel, iron, or manufactured products.37 Agencies may consult with the International Trade Administration (ITA) in making this assessment if the granting agency deems such consultation to be helpful. The agency shall integrate any findings from the assessment into its waiver determination as appropriate.38 MIA() will work with ITA and agencies to develop standard processes to expedite this required assessment, such as by ensuring agencies know how to easily access lists of dumped or injuriously subsidized products. c. General Applicability Waivers The term "general applicability waiver" refers to a waiver that applies generally across multiple awards. A general applicability waiver can be "product -specific" (e.g., applies only to a product or category of products) or "non -product specific" (e.g., applies to all "manufactured products"). General applicability waivers should be issued only when necessary to advance an agency's missions and goals, consistent with IIJA, the Executive Order, and this guidance. For example, an agency might issue a general waiver for a product for which there are well - established domestic sourcing challenges. General applicability waivers will require appropriate justification from the Federal agency. Federal agencies with one or more existing general applicability waivers, including public interest waivers, must review such waivers within five years of the date on which the waiver was issued. Agencies issuing new general applicability waivers must review such waivers at least every five years from the date of issuance. Agencies are encouraged to review general applicability waivers more frequently, when appropriate. In conducting a review of any general applicability waiver, the head of a Federal agency shall— (A)publish in the Federal Register a notice that— (i) describes the justification for a general applicability waiver; and (ii) requests public comments for a period of not less than 30 days on the continued need for a general applicability waiver; and (B) publish in the Federal Register a determination on whether to continue or discontinue the general applicability waiver, considering the comments received in response to the notice published under paragraph (A).39 36 ILIA, § 70937(c)(2)(C). Executive Order, § 5. 38 Executive Order, § 5. 39 ILIA, § 70914(d)(1) & (2). 12 For a period of five years beginning on the date of enactment of the Act, paragraphs (A) and (B) above shall not apply to any product -specific general applicability waiver that was issued more than 180 days before November 15, 2021.4° By no later than November 15, 2022, agencies with existing, non -product specific general applicability waivers that were issued more than five years before November 15, 2021 should promptly commence review of each such waiver by publishing a Federal Register notice as required in section 70914(d)(2)(A) of the IIJA. Should the review justify retaining the waiver, agencies should consider narrowing the waiver in a manner that would support supply chain resilience and boost incentives to manufacture key products domestically, as appropriate. To ensure prompt commencement of projects funded by IIJA, MIAO plans to work with agencies to expedite consideration of general applicability waivers for products or categories of products for which domestic sourcing challenges have been well documented. Agencies should align such waivers with complementary policies, such as work to boost supply chain resiliency and domestic employment. General applicability waivers should include appropriate expiration dates designed to ensure that, once available, Buy America qualifying products receive appropriate consideration. VIII. Preliminary Guidance for Construction Materials For construction materials, the Act requires that, not later than 180 days after November 15, 2021, OMB must issue standards that define the term "all manufacturing processes" in the case of construction materials. These standards must require that each manufacturing process required for the manufacture of the construction material and the inputs of the construction material occurs in the United States. They must also reflect efforts to maximize the direct and indirect jobs benefited or created in the production of the construction materia1.41 Although the deadline to issue such guidance has not yet passed, OMB is providing preliminary and non -binding guidance to assist agencies in determining which materials are construction materials so that agencies can begin applying Buy America requirements to those materials. This preliminary guidance addresses the requirements as set forth in section 70915(b) of the IIJA while providing sufficient time for OMB to receive additional stakeholder input. The IIJA finds that "construction materials" includes an article, material, or supply — other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives42— that is or consists primarily of: • non-ferrous metals; • plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); 40IIJA, § 70914(d)(3). 4' IIJA, § 70915(b). 42 ILIA, § 70917(c)(1). 13 • lumber; or • drywall.43 To provide clarity to item, product, and material manufacturers and processers, we note that items that consist of two or more of the listed materials that have been combined together through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction materials. For example, a plastic framed sliding window should be treated as a manufactured product while plate glass should be treated as a construction material. Pending OMB's issuance of final standards on construction materials, and absent any existing applicable standard in law or regulation that meets or exceeds these preliminary standards, agencies should consider "all manufacturing processes" for construction materials to include at least the final manufacturing process and the immediately preceding manufacturing stage for the construction material. OMB is seeking additional stakeholder input before issuing further guidance identifying initial manufacturing processes for construction materials that should be considered as part of "all manufacturing processes." Agencies should consult with MIAO, as needed, to ensure that any waiver issued for construction materials is explicitly targeted and time -limited, in order to send a clear market signal that additional standards for "all manufacturing processes" in the case of construction materials will be forthcoming. 43 See IIJA, § 70911(5). 14 Appendix I: Example of Award Term - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Where applicable, the Federal agency must include appropriate terms and conditions in all awards, in accordance with applicable legal requirements and its established procedures, in order to effectuate the requirements of the Act and this guidance. The following is sample language. To achieve the greatest possible consistency across agencies and programs, agencies should send their proposed terms and conditions to MIA() for review prior to incorporating them into applicable awards. Agencies should begin including appropriate language in NOFOs published before May 14, 2022 to provide applicants fair notice of the Buy America conditions that will apply to funds obligated on or after that date. ** ** ** Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials44 are manufactured in the United States —this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. 44 Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. 15 Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at [link to awarding agency web site with information on currently applicable general applicability waivers]. Definitions45 "Construction materials" includes an article, material, or supply —other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives46—that is or consists primarily of: • non-ferrous metals; • plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. 45 Federal agencies may choose to provide definitions on a public -facing website and reference that website in the terms and conditions, rather than including all definitions in the terms and conditions itself. If an agency chooses to do provide definitions on a public -facing website, it is not considered a deviation from the terms and conditions provided and does not need to be reviewed by OMB. ae IIJA, § 70917(c)(1). 16 "Domestic content procurement preference" means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. "Infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. "Project" means the construction, alteration, maintenance, or repair of infrastructure in the United States. 17 Missouri Division of Labor Standards WAGE AND HOUR SECTION MICHAEL L. PARSON, Governor Annual Wage Order No. 28 Section 014 CALLAWAY COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102- 0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by Taylor Burks, Director Division of Labor Standards Filed With Secretary of State: March 10, 2021 Last Date Objections May Be Filed: April 8, 2021 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for Section 014 CALLAWAY County OCCUPATIONAL TITLE **Prevailing Hourly Rate Asbestos Worker $65.54 Boilermaker *$28.12 Bricklayer *$28.12 Carpenter $46.07 Lather Linoleum Layer Millwright Pile Driver Cement Mason *$28.12 Plasterer Communications Technician $52.65 Electrician (Inside Wireman) $52.66 Electrician Outside Lineman *$28.12 Lineman Operator Lineman - Tree Trimmer Groundman Groundman - Tree Trimmer Elevator Constructor *$28.12 Glazier $26.23 Ironworker $61.58 Laborer *$28.12 General Laborer First Semi -Skilled Second Semi -Skilled Mason *$28.12 Marble Mason Marble Finisher Terrazzo Worker Terrazzo Finisher Tile Setter Tile Finisher Operating Engineer $60.20 Group I Group 11 Group III Group III -A Group IV Group V Painter $38.57 Plumber $75.20 Pipe Fitter Roofer $50.44 Sheet Metal Worker $52.69 Sprinkler Fitter *$28.12 Truck Driver *$28.12 Truck Control Service Driver Group I Group II Group III Group IV *The Division of Labor Standards received less than 1,000 reportable hours for this occupational title. Public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. **The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title. ANNUAL WAGE ORDER NO. 28 3/21 Heavy Construction Rates for CALLAWAY County OCCUPATIONAL TITLE **Prevailing Hourly Rate Carpenter *$28.12 Millwright Pile Driver Electrician (Outside Lineman) *$28.12 Lineman Operator Lineman - Tree Trimmer Groundman Groundman - Tree Trimmer Laborer $54.70 General Laborer Skilled Laborer Operating Engineer $63.09 Group I Group II Group III Group IV Truck Driver *$28.12 Truck Control Service Driver Group I Group II Group III Group IV Section 014 Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational title that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate Sheet. *The Division of Labor Standards received less than 1,000 reportable hours for this occupational title. Public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. **The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title. ANNUAL WAGE ORDER NO. 28 3/21 OVERTIME and HOLIDAYS OVERTIME For all work performed on a Sunday or a holiday, not less than twice (2x) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. For all overtime work performed, not less than one and one-half (11/2) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work or contractual obligation. For purposes of this subdivision, "overtime work" shall include work that exceeds ten hours in one day and work in excess of forty hours in one calendar week; and A thirty -minute lunch period on each calendar day shall be allowed for each worker on a public works project, provided that such time shall not be considered as time worked. HOLIDAYS January first; The last Monday in May; July fourth; The first Monday in September; November eleventh; The fourth Thursday in November; and December twenty-fifth; If any holiday falls on a Sunday, the following Monday shall be considered a holiday. ANNUAL WAGE ORDER NO. 28 3/21 BILL SUMMARY BILL NO: 2022-100 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing a $1,244,046 Design/Build Contract with Burns and McDonnell Engineering Co., Inc. for the Biosolids Improvements Project DATE INTRODUCED: February 6, 2023 DEPARTMENT DIRECTOR(S): ill/41Ci, CITY ADMINISTRATOR: e4.1 Staff Recommendation: Approve. Summary: This will approve a Phase 1 Design/Build Contract for Biosolids Improvement at the Regional Treatment Facility Origin of Request: City Staff Department Responsible: Public Works PERSON RESPONSIBLE: MATTHEW J. MORASCH, P.E./Eric Seaman, P.E. Background Information: This was identified as part of a bond project from the issue in April, 2022. The biosolids reuse system was last upgraded in 1998 and has become antiquated. The new system will be safer for employees and operate more efficiently. Fiscal Information: The project will be expensed from the wastewater enterprise fund. It will be reimbursed by a State Revolving Fund loan as this project is on the State Intended Use Plan. Burns and McDonnell Engineering Company, Inc. ($1,244,046) Account Available Required Remaining 64-988-579866 $1,244,046 $1,244,046 $0 BILL NO. 2022-100 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $1,244,046 DESIGN/BUILD AGREEMENT WITH BURNS AND MCDONNELL ENGINERING COMPANY, INC. FOR THE BIOSOLIDS IMPROVEMENTS PROJECT. WHEREAS, Burns and McDonnell Engineering Company, Inc. has selected as the firm best qualified to provide professional design/build services related to the Biosolids Improvement Project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Burns and McDonnell Engineering Company, Inc. is declared to be the best qualified and is hereby approved as the best firm to provide professional design/build services for the Biosolids Improvement Project. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Burns and McDonnell Engineering Company, Inc. for the Biosolids Improvement Project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City Ptt whey FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid RFSQ4052 — Biosolids Improvement at Regional Water Reclamation Facility Public Works, Wastewater, Opened September 20, 2022 RECOMMENDATION: Staff recommends the award of the request for qualifications, RFSQ40652 to Burn and McDonnel of Chesterfield, Missouri for professional engineering and design and construction services for biosolid improvements at the Regional Water Reclamation Facility (MO -0094846). This proposal was evaluated by a committee and awarded to the most qualified vendor. The initial contract amount for Phase 1 of these services is $1,244,046. BIDS RECEIVED: Burns & McDonnell, Chesterfield, MO Goodwin Brothers Construction, St Louis, MO River City Construction, East Peoria, IL This bid was advertised in the News Tribune on 8/21/2022 and was posted on Bonfire. Bid notifications were sent to 1,330 vendors of which 20 were recommended vendors. FISCAL NOTE: Account Number Description .*.u,-.6 FY 2023 Budget Expended or Encumbered Amount Bid Amount 64-990-579886 Biosolids Improvement — Wastewater Fund $1,244,046.00 $0 $1,244,046.00 Bid Total $1,244,046.00 ATTACHMENTS — SUPPORTING DOCUMENTATION Signature: ng Agent 1/ /23 Balance $0 4 Evaluation Report City of Jefferson Request for Qualifications: RFSQ404052 Subject: Design Build Biosolid Project Opening Date: September 20, 2022 Criteria Points Burns & McDonnell Goodwin Brothers Construction River City Construction Team Organization, Experience, Qualifications 15 14.00 14.00 11.00 Past Performance 35 32.00 32.00 25.00 Design -Build Design, Engineering Past Performance 20 20.00 . 16.00 14.00 Design -Build Construction Past Performance 30 25.00 27.00 24.00 Total 100 91.00 89.00 74.00 I hereby attest that the points awarded to each bidder listed aboe were scored in accordance with the established evaluation criteria and represent my best judgment of the bid. As indicated by the highest total score, my selection of the bid which offers the lowest and best bid tothe City of Jefferson is: Recommended vendor: Burns and McDonnell Evaluator Name: Group: Ryan Moehlman, Matt Morasch, David Bange, Eric Seaman Date: 22 -Sep -22 Department/Division: Public Works Signature: DBIA r� DESIGN -BUILD INSTITUTE OF AMERICA Progressive Design -Build Agreement This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the day of in the year of 2023 , by and between the following parties, for services in connection with the Project identified below: OWNER: City of Jefferson 320 E McCarty St Jefferson City, MO 65101 DESIGN -BUILDER: Burns & McDonnell Engineering Company, Inc. 9400 Ward Parkway Kansas City, MO 64114 PROJECT: Biosolids Improvement at Regional Water Reclamation Facility 401 Mokane Rd Jefferson City, MO 65101 State Revolving Fund: The Missouri State Revolving Fund, established by the sale of Missouri Water Pollution. Control bonds and federal Capitalization Grants to Missouri, is financing this project In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder agree as set forth herein. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 1 Article 1 General 1.1 Duty to Cooperate. Owner and Design -Builder commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith to permit each party to realize the benefits afforded under this Agreement. 1.2 Definitions. Terms, words and phrases used in this Agreement shall have the meanings given them in DBIA Document No. 535, General Conditions of Contract Between Owner and Design -Builder ("General Conditions of Contract"). 1.3 Design Services. Design -Builder shall, consistent with applicable state licensing laws, provide design services, including architectural, engineering, and other design professional services required by this Agreement. Such design services shall be provided through qualified, licensed design professionals who are either (i) employed by Design -Builder, or (ii) procured by Design - Builder from independent sources. Nothing in this Agreement is intended to create any legal or contractual relationship between Owner and any independent design professional. Article 2 Design -Builder's Services and Responsibilities 2.1 General Services. 2.1.1 Owner shall provide Design -Builder with Owner's Project Criteria during Phase 1 of the Project. 2.2 Phased Services. 2.2.1 Phase 1 Services. Design -Builder shall perform the services of design, pricing, and other services for the Project based on Owner's Project Criteria, as may be revised in accordance with Section 2.1 hereof, as set forth in Exhibit B, Phase 1 Scope of Services. Design -Builder shall perform such services to the level of completion required for Design -Builder and Owner to establish the Contract Price for Phase 2, as set forth in Section 2.3 below. The Contract Price for Phase 2 shall be developed during Phase 1 on an "open -book" basis. Design -Builder's Compensation for Phase 1 Services is set forth in Section 7.0 herein. The level of completion required for Phase 1 Services is defined in Exhibit B, Phase 1 Scope of Services. 2.2.2 Phase 2 Services. Design -Builder's Phase 2 services shall consist of the completion of design services for the Work, the procurement of all materials and equipment for the Work, the performance of construction services for the Project, the start-up, testing, and commissioning of the Work, and the provision of warranty services, all as further described in the Phase 2 Contract Price Amendment. Upon receipt of Design -Builder's proposed Contract Price for Phase 2, Owner may proceed as set forth in Article 2.3. 2.3 Proposal. Upon completion of the Phase 1 Services and any other Basis of Design Documents upon which the parties may agree, Design -Builder shall submit a proposal to Owner (the "Proposal") for the completion of the design and construction for the Project for the Contract Price, which may be based on Design -Builder's Fee and Cost of the Work with an option for a Guaranteed Maximum Price (GMP). DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 2 2.3.1 The Proposal shall include the following unless the parties mutually agree otherwise: 2.3.1.1 The Contract Price that may be based on a Design -Builder's Fee and Cost of the Work, with an option for a GMP, which shall be the sum of: Design -Builder's Fee as defined in Section 7.4.1 hereof; ii. The estimated Cost of the Work as defined in Section 7.5 hereof, inclusive of any Design -Builder's Contingency as defined in Section 7.6.2 hereof. 2.3.1.2 The Basis of Design Documents, which may include, by way of example, Owner's Project Criteria, which are set forth in detail and are attached to the Proposal; 2.3.1.3 A list of the assumptions and clarifications made by Design -Builder in the preparation of the Proposal, which list is intended to supplement the information contained in the drawings and specifications and is specifically included as part of the Basis of Design Documents; 2.3.1.4 The Scheduled Substantial Completion Date upon which the Proposal is based, to the extent said date has not already been established under Section 6.2.1 hereof, and a schedule upon which the Scheduled Substantial Completion Date is based and a Project Schedule for the Work; 2.3.1.5 If applicable, a list of Allowance Items, Allowance Values, and a statement of their basis; 2.3.1.6 If applicable, a schedule of alternate prices; 2.3.1.7 If applicable, a schedule of unit prices; 2.3.1.8 If applicable, a statement of Additional Services which maybe performed but which are not included in the Proposal, and which, if performed, shall be the basis for an increase in the Contract Price and/or Contract Time(s); 2.3.1.9 If applicable, a Savings provision; 2.3.1.10 If applicable, Performance Incentives; 2.3.1.11 The time limit for acceptance of the Proposal; and 2.3.1.12 An Owner's permit list, a list detailing the permits and governmental approvals that Owner will bear responsibility to obtain. 2.3.2 Review and Adjustment to Proposal. 2.3.2.1 After submission of the Proposal, Design -Builder and Owner shall meet to discuss and review the Proposal. If Owner has any comments regarding the Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design -Builder of such comments or findings. If appropriate, Design -Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the Proposal. 2.3.2.3 Acceptance of Proposal. If Owner accepts the Proposal, as may be amended by Design -Builder, the Contract Price and its basis shall be set forth in an amendment to this Agreement, when mutually agreed between the parties (Phase 2 Contract Price Amendment). Once the parties have agreed upon the Contract Price and Owner has issued a Notice to Proceed with Phase 2, Design -Builder shall perform the Phase 2 DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 3 Services, all as further described in the Phase 2 Contract Price Amendment, as it may be revised. 2.3.2.4 Failure to Accept the Proposal. If Owner rejects the Proposal, or fails to notify Design -Builder in writing on or before the date specified in the Proposal that it accepts the Proposal, the Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: Owner may suggest modifications to the Proposal, whereupon, if such modifications are accepted in writing by Design -Builder, the Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 2.3.2.3 above; ii. Owner may authorize Design -Builder to continue to proceed with the Work on the basis of reimbursement as provided in Section 7.1.2 hereof without a Contract Price, in which case all references in this Agreement to the Contract Price shall not be applicable; or Owner may terminate this Agreement for convenience in accordance with Article 9 hereof; provided, however, in this event, Design -Builder shall not be entitled to the payment provided for in Section 9.2 hereof. If Owner fails to exercise any of the above options, Design -Builder shall have the right to (a) continue with the Work as if Owner had elected to proceed in accordance with Item 2.3.2.4 ii. above, and be paid by Owner accordingly, unless and until Owner notifies it in writing to stop the Work, (b) suspend performance of Work in accordance with Section 11.3.1 of the General Conditions of Contract, provided, however, that in such event Design - Builder shall not be entitled to the payment provided for in Section 9.2 hereof and the, or (c) may give written notice to Owner that it considers this Agreement completed. If Owner fails to exercise any of the options under Section 2.3.2.4 within ten (10) days of receipt of Design -Builder's notice, then this Agreement shall be deemed completed. If Owner terminates the relationship with Design -Builder under Section 2.3.2.4(iii), or if this Agreement is deemed completed under this paragraph, then Design -Builder shall have no further liability or obligations to Owner under this Agreement. Article 3 Contract Documents 3.1 The Contract Documents are comprised of the following: 3.1.1 All written modifications, amendments, minor changes, and Change Orders to this Agreement issued in accordance with the General Conditions of Contract; 3.1.2 The Phase 2 Contract Price Amendment referenced in Section 2.3.2.3 herein or the Proposal accepted by Owner in accordance with Section 2.3 herein. 3.1.3 This Agreement, including all exhibits set forth in Article 12; and 3.1.4 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract; DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 4 Article 4 Interpretation and Intent 4.1 Design -Builder and Owner, at the time of acceptance of the Proposal by Owner in accordance with Section 2.3 hereof, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents for any conflicts or ambiguities. Design -Builder and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement, or if applicable, prior to Owner's acceptance of the Proposal. 4.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after Owner's acceptance of the Proposal, Design -Builder and Owner shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 3.1 hereof. 4.3 Terms, words, and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 4.4 If Owner's Project Criteria contain design specifications: (a) Design -Builder is entitled to reasonably rely on the accuracy of the information represented in the design specifications and their compatibility with other information set forth in Owner's Project Criteria, including any design performance specifications; and (b) Design -Builder shall be entitled to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 4.5 The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. 4.6 In the event of some ambiguity in the Contract Documents, the parties shall be deemed to have jointly authored them and nothing shall be construed against or in favor of one party based on it being deemed the sole author. Article 5 Ownership of Work Product 5.1 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design -Builder to Owner under this Agreement ("Work Product") are deemed to be instruments of service and Design -Builder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights, and/or patents, including any Architectural Works, subject to the provisions set forth in Sections 5.2 through 5.5 below. 5.2 Owner's Limited License upon Project Completion and Payment in Full to Design -Builder. Upon Owner's payment in full for all Work performed under the Contract Documents, Design -Builder shall grant Owner a limited license to use the Work Product in connection with Owner's occupancy of this Project only, conditioned on Owner's express understanding that its alteration of the Work Product without the involvement of Design Builder is at Owner's sole risk and without liability or legal exposure to Design -Builder or anyone working by or through Design -Builder, including Design Consultants of any tier (collectively the "Indemnified Parties"), and on the Owner's obligation to provide the indemnity set forth in Section 5.5 herein. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 5 The Work Product cannot be used for other projects without Design -Builder's express written consent and appropriate compensation and agreement on terms of use and indemnity. 5.3 Owner's Limited License upon Owner's Termination for Convenience or Design -Builder's Election to Terminate. If Owner terminates this Agreement for its convenience as set forth in Article 9 hereof, or if Design -Builder elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Design -Builder shall, upon Owner's payment in full of the amounts due Design - Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights as set forth in Section 5.2 above, conditioned on the following: 5.3.1 Use of the Work Product is at Owner's sole risk without liability or legal exposure to any Indemnified Party, and on the Owner's obligation to provide the indemnity set forth in Section 5.5 herein, and 5.3.2 In the event Owner resumes the Project through its employees, agents, or third parties and in so doing uses the Work Product pursuant to its rights set forth above in Sections 5.2 and 5.3, Owner agrees to pay Design -Builder an additional sum equal to the reasonable value of the Work Product it uses in so doing. 5.4 Owner's Limited License upon Design -Builder's Default. If this Agreement is terminated due to Design -Builder's default pursuant to Section 11.2 of the General Conditions of Contract, then Design - Builder grants Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section 5.2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design -Builder was not in default, Owner shall be deemed to have terminated the Agreement for convenience, and Design - Builder shall be entitled to the rights and remedies set forth in Section 5.3 above. 5.5 Owner's Indemnification for Use of Work Product. Owner recognizes that in the event of an early termination of the Work, whether for convenience or for cause, Design -Builder will not have the opportunity to finish or to finalize its Work Product. Therefore, if Owner uses the Work Product, in whole or in part, or if Owner is required to indemnify any Indemnified Parties based on the use or alteration of the Work Product under any of the circumstances identified in this Article 5, Owner shall defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses, and expenses, including attorneys' fees, arising out of or resulting from the use or alteration of the Work Product, to the fullest extent permitted by applicable law. 5.6 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Design -Builder's rights. 5.7 The Owner shall not utilize the Documents, designs, or specifications furnished by Design -Builder to solicit bids or obtain negotiated prices from other contractors. 5.8 This Article 5 shall survive any termination of this Agreement by either Party. Article 6 Contract Time 6.1 Date of Commencement. The Phase 1 Services shall commence within five (5) days of Design - Builder's receipt of Owner's Notice to Proceed unless the parties mutually agree otherwise in writing. The Phase 2 Services shall commence within five (5) days of Design -Builder's receipt of Owner's Notice to Proceed for Phase 2 Services ("Date of Commencement") if the Proposal is accepted and the Contract Price Amendment is amended to this Agreement unless the parties mutually agree otherwise in writing. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 6 6.2 Substantial Completion and Final Completion. 6.2.1 Substantial Completion of the entire Work shall be achieved no later than the date set forth in the Phase 2 Contract Price Amendment ("Scheduled Substantial Completion Date"). Substantial Completion shall be defined as set out in the General Conditions. 6.2.2 Not used. 6.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.7 of the General Conditions of Contract. 6.2.4 All of the dates set forth in this Article 6 ("Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. 6.2.5 If the Design -Builder is delayed in the progress of this Project by acts or neglect by the Owner, its employees, separate contractors employed by Owner, or others, governmental action, or by change orders in the Work not caused in any part by the fault of the Design -Builder; then the Contract Time for completion shall be extended, and the Contract Amount shall be equitably adjusted by a written Change Order. 6.2.6 Where the Design -Builder reasonably establishes that delays as set forth above or that are caused by shortage of labor, strikes, supply chain issues, lockout, tornado, flood, wind damage, fire, unusual delay in transportation, adverse weather conditions beyond the quantity of lost days anticipated in the Project Schedule per Exhibit "I" Anticipated Lost Days to Inclement / Adverse Weather, explosion, sabotage, accidents, riots, civil commotion, acts of war, casualty, condemnation, or other Force Majeure beyond the Design -Builder's reasonable control impact the cost and/or Contract Time, the Design -Builder shall be entitled to recover all extra costs and an appropriate extension of the Contract Time. Design -Builder shall provide written notice of the existence of such cause of delay, together with back-up documentation that verifies the impact in accordance with the Contract Documents. 6.2.7 For purposes of determining weather delays, the parties shall use Exhibit "I," Anticipated Lost Days to Inclement / Adverse Weather. The days shown on Exhibit "I" shall not accumulate month -to -month, but are to be used for determining only the anticipated adverse weather in a given month. Adverse weather for a period of two (2) hours on any day shall constitute one complete day since crews sent home are not able to be re -called once they abandon the Work. Adverse weather days shall also include those days when site conditions are such that Work cannot be performed, or cannot be performed efficiently, due to adverse weather on the preceding day or days (including a weekend) which impact on site conditions. 6.3 Time. Owner and Design -Builder mutually agree that time is important with respect to the dates and times set forth in the Contract Documents. 6.4 Liquidated Damages. Design -Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date in Section 6.2.1 above, Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Substantial Completion is not attained by fourteen (14) days after the Scheduled Substantial Completion Date (the "LD Date"), Design - Builder shall pay Owner Five Hundred Dollars ($500.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date. 6.5 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties, and any other damages, whether special or DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 7 consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in achieving Substantial Completion, Interim Milestone Dates (if any) or Final Completion. 6.6 Owner and Design -Builder agree that the maximum aggregate liability Design -Builder has for any liquidated damages that may be assessed under this Agreement shall be Thirty Thousand Dollars ($30,000.00). 6.7 In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 of the General Conditions of Contract, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price. Article 7 Contract Price 7.1 Contract Price. 7.1.1 For Phase 1 Services, Design -Builder will be paid on an hourly basis in accordance with Exhibit D — Design -Builder's Phase 1 Hourly Rates. For other expenses incurred such as travel, print services, and services provided by subcontractors, the Design -Builder will be paid the actual cost plus a fee of ten percent (10%). The total payment to Design -Builder for the Phase 1 Services set forth in Exhibit B — Phase 1 Scope of Service shall not exceed One Million, Two Hundred Forty -Four Thousand, Forty - Six Dollars ($1,244,046). Owner shall pay Design -Builder in accordance with Article 6 of the General Conditions of Contract, subject to adjustments made in accordance with the General Conditions of Contract. 7.1.2 For Phase 2 Services, Owner shall pay Design -Builder in accordance with Article 6 of the General Conditions of Contract a contract price ("Contract Price") equal to the Design -Builder's Fee (as defined in Section 7.4 hereof) plus the Cost of the Work (as defined in Section 7.5 hereof), subject to any GMP established in Section 7.6 hereof or as set forth in the Phase 2 Contract Price Amendment and any adjustments made in accordance with the General Conditions of Contract. 7.2 Not Used. 7.3 Markups for Changes. If the Contract Price requires an adjustment due to changes in the Work, and the cost of such changes is determined under Sections 9.4.1.3 or 9.4.1.4 of the General Conditions of Contract, the following markups shall be allowed on such changes: 7.3.1 For additive Change Orders, including additive Change Orders arising from both additive and deductive items, it is agreed that Design -Builder shall receive a Fee of ten percent (10%) of the additional costs incurred for that Change Order. In addition to mark-up for Fee, Design -Builder shall be entitled to mark-up for insurance and bond in an amount of two percent (2%). 7.3.2 For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items, the deductive amounts shall include a reduction in the Design - Builder's Fee consistent with the percentage established in Section 7.4. This percentage will be established in the Phase 2 Contract Price Amendment. 7.4 Design -Builder's Fee. 7.4.1 Design -Builder's Fee shall be established in the Phase 2 Contract Price Amendment. The Design -Builder's Fee will be calculated as a percentage applied to the estimated Cost of the Work. This percentage will be established in the Phase 2 Contract Price Amendment. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 8 7.5 Cost of the Work. 7.5.1 The term Cost of the Work shall mean costs reasonably incurred by Design -Builder in the proper performance of the Work. The Cost of the Work shall include only the following: 7.5.1.1 Design -Builder's employees engaged in the performance of the Work and who are located at the Site or working off -Site at the rates as set forth in Exhibit E — Design -Builder's Phase 2 Hourly Rates. 7.5.1.2 The reasonable portion of the cost of travel, accommodations and meals for Design -Builder's personnel necessarily and directly incurred in connection with the performance of the Work, including per diem and site vehicles for staff temporarily stationed at the Site. 7.5.1.3 Payments properly made by Design -Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 7.5.1.4 Costs incurred by Design -Builder in repairing or correcting defective, damaged or nonconforming Work (including any warranty or corrective Work performed after Substantial Completion), provided that such Work was beyond the reasonable control of Design -Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design -Builder or those working by or through Design -Builder. If the costs associated with such Work are recoverable from insurance, Subcontractors or Design Consultants, Design -Builder shall exercise best efforts to obtain recovery from the appropriate source and provide a credit to Owner if recovery is obtained. 7.5.1.5 Costs, including transportation, inspection, testing, storage, and handling of materials, equipment, and supplies incorporated or reasonably used in completing the Work. 7.5.1.6 Costs of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design -Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling, and removing such items. 7.5.1.7 Costs of removal of debris and waste from the Site. 7.5.1.8 The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying, and reasonable petty cash expenses. 7.5.1.9 Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design -Builder at the Site, whether rented from Design -Builder or others, and incurred in the performance of the Work. 7.5.1.10 Premiums for insurance and bonds required by this Agreement or the performance of the Work. 7.5.1.11 Insurance deductibles and expenses arising out of insurance claims associated with the performance of the Work. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 9 7.5.1.12 All fuel and utility costs incurred in the performance of the Work. 7.5.1.13 Sales, use, or similar taxes, tariffs, or duties incurred in the performance of the Work. 7.5.1.14 Legal costs, court costs, and costs of mediation and arbitration reasonably arising from Design -Builder's performance of the Work, provided such costs do not arise from disputes between Owner and Design -Builder. 7.5.1.15 Costs for permits, royalties, licenses, tests and inspections incurred by Design - Builder as a requirement of the Contract Documents. 7.5.1.16 The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design -Builder resulting from such suits or claims, and paying settlements made with Owner's consent. 7.5.1.17 Deposits which are lost, except to the extent caused by Design -Builder's negligence. 7.5.1.18 Costs incurred in preventing damage, injury, or loss in case of an emergency affecting the safety of persons and property. 7.5.1.19 Accounting and data processing costs related to the Work. 7.5.1.20 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 7.5.1.21 Owner and Design -Builder agree that an escrow account shall be established prior to Final Completion, which escrow shall be used to reimburse Design -Builder for the Costs of the Work incurred after Final Completion to perform warranty Work. The amount to be deposited into the escrow account will be established in the Phase 2 Contract Price Amendment. The escrow agreement will provide that any sums not used at the expiration of the warranty period shall be returned to Owner, subject to any savings Design -Builder may be entitled to under this Agreement. In the event the warranty escrow account is exhausted, but funds remain under the GMP, Owner shall be obligated to pay Design - Builder the Costs of the Work incurred after Final Completion to perform warranty Work up to the GMP. 7.5.1.22 Design -Builder has the sole discretion to apply payment due to overruns in one line item to savings due to under -runs in any other line item. 7.5.2 Non -Reimbursable Costs. The following shall be excluded from the Cost of the Work: 7.5.2.1 Compensation for Design -Builder's personnel stationed at Design -Builder's principal or branch offices, except as provided for in Sections 7.5.1.1 hereof. 7.5.2.2 Overhead and general expenses, except as provided for in Section 7.5.1 hereof, or which may be recoverable for changes to the Work. 7.5.2.3 The cost of Design -Builder's capital used in the performance of the Work. 7.5.2.4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded. 7.6 The Guaranteed Maximum Price. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 10 7.6.1 Design -Builder guarantees that it shall not exceed the GMP established in the Phase 2 Contract Price Amendment. Documents used as a basis for the GMP shall be identified in the Phase 2 Contract Price Amendment to this Agreement. Design -Builder does not guarantee any specific line item provided as part of the GMP, and has the sole discretion to apply payment due to overruns in one line item to savings due to underruns in any other line item. Design -Builder agrees, however, that it will be responsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with the Contract Documents. 7.6.2 The GMP will include a Contingency, the amount of which will be established in the Phase 2 Contract Price Amendment. The Contingency is available for Design -Builder's exclusive use for unanticipated costs it has incurred that are not the basis for a Change Order under the Contract Documents. By way of example, and not as a limitation, such costs may include: (a) trade buy-out differentials; (b) overtime or acceleration; (c) escalation of materials; (d) correction of defective, damaged or nonconforming Work, design errors or omissions, however caused; (e) Subcontractor defaults; or (f) those events under Section 8.2.2 of the General Conditions of Contract that result in an extension of the Contract Time but do not result in an increase in the Contract Price. The Contingency is not available to Owner for any reason, including changes in scope or any other item which would enable Design -Builder to increase the GMP under the Contract Documents. Design -Builder shall provide Owner notice of all anticipated charges against the Contingency, and shall provide Owner as part of the monthly status report required by Section 2.1.2 of the General Conditions of Contract an accounting of the Contingency, including all reasonably foreseen uses or potential uses of the Contingency in the upcoming three (3) months. Design -Builder agrees that with respect to any expenditure from the Contingency relating to a Subcontractor default or an event for which insurance or bond may provide reimbursement, Design -Builder will in good faith exercise reasonable steps to obtain performance from the Subcontractor and/or recovery from any surety or insurance company. Design -Builder agrees that if Design -Builder is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency. 7.6.3 Savings. 7.6.3.1 If the sum of the actual Cost of the Work and Design -Builder's Fee is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference ("Savings") shall be shared as follows: Fifty percent (50%) to Design -Builder and Fifty percent (50%) to Owner. 7.6.3.2 Savings shall be calculated and paid as part of Final Payment under Section 8.4 hereof, with the understanding that to the extent Design -Builder incurs costs after Final Completion which would have been payable to Design -Builder as a Cost of the Work, the parties shall recalculate the Savings in light of the costs so incurred, and Design -Builder shall be paid by Owner accordingly. 7.7 Allowance Items and Allowance Values. 7.7.1 Allowance Items, as well as their corresponding Allowance Values, are set forth in the Phase 2 Contract Price Amendment or the Proposal. 7.7.2 Design -Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design -Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 11 constitute a guarantee by Design -Builder that the Allowance Item in question can be performed for the Allowance Value. 7.7.3 No work shall be performed on any Allowance Item without Design -Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design -Builder is not provided written authorization to proceed by the date set forth in the Project schedule, due to no fault of Design -Builder, Design -Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price. 7.7.4 The Allowance Value includes the direct cost of labor, materials, equipment, transportation, taxes, and insurance associated with the applicable Allowance Item. 7.7.5 Whenever the actual cost for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 7.3. The amount of the Change Order shall reflect the difference between actual costs incurred by Design -Builder for the particular Allowance Item and the Allowance Value, with an adjustment to the Design -Builder's Fee in accordance with Section 7.3. 7.8 Not Used. Article 8 Procedure for Payment 8.1 Payment for Preliminary Services. Design -Builder and Owner agree upon the following method for partial and final payment to Design -Builder for the services hereunder: For Phase 1 Services, Design -Builder will submit an Application for Payment to Owner each month based on work completed during the period since the last Application for Payment was submitted. 8.2 Contract Price Progress Payments. 8.2.1 Design -Builder shall submit to Owner on the Fifth (5th) day of each month, beginning with the first month after the Date of Commencement, Design -Builder's Application for Payment in accordance with Article 6 of the General Conditions of Contract. 8.2.2 Owner shall make payment within ten (10) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 8.2.3 If Design -Builder's Fee under Section 7.4 hereof is a fixed amount, the amount of Design - Builder's Fee to be included in Design -Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design -Builder's Fee. 8.3 Retainage on Progress Payments. 8.3.1 Owner will retain five percent (5%) of each Application for Payment provided, however, that when fifty percent (50%) of the Work has been completed by Design -Builder by cost, and Design -Builder is otherwise in compliance with its contractual obligations, Owner will not retain any additional retention amounts from Design -Builder's subsequent Applications for Payment. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 12 8.3.2 Within fifteen (15) days after Substantial Completion of the entire Work or, if applicable, any portion of the Work, pursuant to Section 6.6 of the General Conditions of Contract, Owner shall release to Design -Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to: (a) the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion; and (b) all other amounts Owner is entitled to withhold pursuant to Section 6.3 of the General Conditions of Contract. 8.3.3 If a warranty reserve has been established pursuant to Section 7.5.1.23 above, Owner shall at the time of Substantial Completion retain the agreed -upon amounts and establish an escrow account as contemplated by Section 7.5.1.23 above. 8.4 Final Payment. Design -Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design - Builder's properly submitted and accurate Final Application for Payment (less any amount the parties may have agreed to set aside for warranty work) within ten (10) days after Owner's receipt of the Final Application for Payment, provided that: (a) Design -Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract. 8.5 Interest. Payments due and unpaid by Owner to Design -Builder, whether progress payments or final payment, shall bear interest commencing five (5) days after payment is due at the rate of one and one- half percent (1.5%) per month until paid. In any legal action or arbitration by Design -Builder to recover amounts due and not paid, Design -Builder shall be permitted to recover its attorney's fees and costs from Owner. 8.6 Record Keeping and Finance Controls. Design -Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work. Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants shall be afforded access to, and the right to audit from time to time, upon reasonable notice, Design -Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda, and other data relating to the Work, all of which Design -Builder shall preserve for a period of three (3) years after Final Payment. Such inspection shall take place at Design -Builder's offices during normal business hours unless another location and time is agreed to by the parties. Any billing rates, rate sheets, multipliers, or markups agreed to by the Owner and Design -Builder as part of this Agreement are only subject to audit to confirm that such billing rate, rate sheet, multiplier, or markup has been charged in accordance with this Agreement, but the composition of such billing rate, rate sheet, multiplier, or markup is not subject to audit. Any lump sum agreed to by the Owner and Design -Builder as part of this Agreement is not subject to audit. Such inspection shall take place at Design -Builder's offices during normal business hours unless another location and/or time is agreed by the parties. Article 9 Termination for Convenience 9.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design -Builder for the following: 9.1.1 All services performed and Work executed and for loss, cost, or expense in connection with the services and Work; DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 13 9.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 9.1.3 Overhead and profit in the amount of ten percent (10%) on the sum of items 9.1.1 and 9.1.2 above. 9.2 In addition to the amounts set forth in Section 9.1 above, Design -Builder shall be entitled to receive one of the following as applicable: 9.2.1 If Owner terminates this Agreement prior to commencement of construction, Design - Builder shall be paid in full for the Phase 1 services already rendered, plus three percent (3%) of the remaining balance of the Contract Price or, if a GMP has not been established, the remaining balance of the most recent estimated Contract Price. 9.2.2 If Owner terminates this Agreement after commencement of construction, Design -Builder shall be paid five percent (5%) of the remaining balance of the Contract Price or, if a GMP has not been established, the remaining balance of the most recent estimated Contract Price. 9.3 If Owner terminates this Agreement pursuant to Section 9.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product shall be as set forth in Section 5.3 hereof. Such rights may not be transferred or assigned to others without Design -Builder's express written consent and such third parties' agreement to the terms of Article 5. Article 10 Representatives of the Parties 10.1 Owner's Representatives. 10.1.1 Owner designates the individual listed below as its Senior Representative ("Owner Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address, and telephone numbers.) Name: Title: Address: Telephone No.: E-mail.: 10.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: (Identify individual's name, title, address, and telephone numbers.) Name: Title: Address: Telephone No.: E-mail.: DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 14 10.1.3 The Owner represents and warrants to Design -Builder that Owner, if not the true owner of the real property upon which the Project is to be built, is the agent of the true owner, with express legal authority to enter into this Agreement for the purpose of improving that real property. The property cannot be used for the purpose intended by this Agreement without the making of the improvements described herein. 10.2 Design -Builder's Representatives. 10.2.1 Design -Builder designates the individual listed below as its Senior Representative ("Design -Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address, and telephone numbers.) Name: Title: Address: Telephone No.: E-mail.: 10.2.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify individual's name, title, address, and telephone numbers.) Name: Title: Address: Telephone No.: E-mail.: Article 11 Bonds and Insurance 11.1 Insurance. Design -Builder and Owner shall procure the insurance coverages set forth below and in accordance with Article 5 of the General Conditions of Contract. Design -Builder shall include Owner as an additional insured on the Commercial General Liability, Automobile Liability and Umbrella/Excess Liability insurance policies required herein. The Commercial General Liability, Automobile Liability and Umbrella/Excess Liability insurance policies shall include a waiver of subrogation in favor of Owner. TYPE: REQUIRED LIMITS: 1. Worker's Compensation Insurance Statutory Amount 2. Employer's Liability 3. Commercial General Liability (CGL) $500,000 by disease, $500,000 each accident, $500,000 each employee by disease General Aggregate: $2,000,000 Completed Operations Aggregate: $2,000,000 Limit Per Occurrence: $1,000,000 DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 15 4. Automobile Liability: (Hired, Owned and Non -owned Included) Combined Single Limit per Accident $1,000,000 5. Builder's Risk Contract/Completed Value of Project Work At the time of placement prior to mobilization to the site and/or construction start whichever is earlier, Design -Builder will provide an all-risk Builder's Risk insurance policy insuring the Work during construction at the Project site with a limit equal to the Contract/Completed Value of the Work, until Substantial Completion of the Work. This policy will include the Owner, subcontractors of every tier as additional insureds and include the suppliers, vendors, manufacturers, architects, and engineers as additional insureds as their interest appear while on the Project site. This policy shall include a waiver of subrogation in favor of Owner. 6. Umbrella/Excess Policy occurrence and in the aggregate $1,000,000 per 11.2 Bonds and Other Performance Security. Design -Builder shall provide the following performance bond and labor and material payment bond or other performance security for Phase 2 Services: Performance Bond. ® Required Payment Bond. ® Required 12.1 General Exclusions ❑ Not Required ❑ Not Required Article 12 Other Provisions 12.1.1 Owner acknowledges that if conditions at the site differ from those shown in the survey and soils report, such costs shall be reimbursable outside of the GMP sum. Design -Builder's GMP is premised on the assumptions, clarifications, and exclusions shown in Exhibit "C". 12.2 Statutory Notices NOTICE TO OWNER FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO ME A WAIVER OF DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 16 ANY PROTECTIONS DUE TO GOVERNMENTAL BODIES FROM MECHANIC'S OR MATERIALMAN'S LIENS. 12.3 Special Provisions 12.3.1 Buy American Iron and Steel Products. In accordance with Sec. 608.(a) of the Federal Water Pollution Control Act, the Design -Builder assures that it, as well as its subcontractors, will only use iron and steel products in the Project which are produced in the United States in a manner consistent with United States obligations under international agreements. The term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The Design -Builder understands that this requirement may only be waived by the applicable federal agency in limited situations as set out in Sec. 608.(d) of the Federal Water Pollution Control Act. Items of de minimis value (5% of the total materials cost) will be waived from this requirement. A waiver is also granted for pig iron and direct reduced iron manufactured outside the U.S. in the manufacturing of pig iron and steel products. 12.3.2 Domestic Products Procurement Law. All manufactured goods or commodities used or supplied in the performance of any contract or subcontract awarded on this Project shall be manufactured, assembled, or produced in the United States, unless obtaining American -made products would increase the cost of the goods or commodities by more than ten (10%). In accordance with sections 34.350 through 34.359 RSMo a waiver may be requested from the Owner. 12.3.3 Davis -Bacon Act Requirements. The Design -Builder will pay, and require its subcontractors to pay, all laborers and mechanics employed on the Project at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title 40, United States Code (Davis -Bacon Act), as required by Sec. 602(b)(6) of the Federal Water Pollution Control Act. The Design -Builder agrees to include information about these requirements in solicitation documents. To the extent that the work performed by Design -Builder is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Design -Builder acknowledges that Design -Builder knows the prevailing hourly rate of wages for this project because Design -Builder has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 29, Section 014; Callaway County rates as set forth in Exhibit L. The Design -Builder further agrees that Design -Builder will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent of the Jefferson City Finance Department each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City One Hundred Dollars ($100.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 12.3.4 Pursuant to §285.530.1, RSMo, the Design -Builder assures that it, as well as its subcontractors, do not knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri, and shall affirm, by sworn affidavit and provision of documentation, its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further, the Design -Builder assures that it, as well as its subcontractors, shall sign an affidavit affirming that it does not knowingly employ any person DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 17 who is an unauthorized alien in connection with the contracted services. In accordance with sections 285.525 to 285.550, RSMo a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of section 285.530, RSMo if the contract binding the contractor and subcontractor affirmatively states that the direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo and shall not henceforth be in such violation and the contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor's employees are lawfully present in the United States. 12.3.5 Anti -Lobbying Act. The Parties shall comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, and file an Anti -Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required. 12.3.6 Equal Employment Opportunity 41 CFR 60-4; E.O. 11246. The goals and timetables for minority and female participation, expressed in percentage terms for the Design -Builder's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade Goals for female participation in each trade All years 10% 5% These goals are applicable to all the Design -Builder's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Design -Builder performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Design -Builder also is subject to the goals for both its federally involved and non -federally involved construction. The Design -Builder's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Design -Builder shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. The Design -Builder shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 12.4 Listing of Exhibits and documents incorporated herein: Exhibit A — Not Used Exhibit B — Phase 1 Scope of Services Exhibit C — Assumptions, Clarifications & Exclusions — Not applicable to Phase 1 Exhibit D — Design -Builder's Phase 1 Hourly Rates Exhibit E — Design -Builder's Phase 2 Hourly Rates — Not applicable to Phase 1 Exhibit F — DBIA Document No. 535, General Conditions of Contract Between Owner and Design - Builder (2010 Edition) ("General Conditions of Contract") Exhibit G — Design -Builder's Allowances — Not Applicable to Phase 1 Exhibit H — Permit & Easement Matrix — Not applicable to Phase 1 DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 18 Exhibit I — Anticipated Lost Days to Inclement / Adverse Weather — Not applicable to Phase 1 Exhibit J — Project Schedule — Not applicable to Phase 1 Exhibit K — Geotechnical Soils Report — Not applicable to Phase 1 Exhibit L - State/Federal Wage Rates Exhibit M - Additional State Revolving Loan fund Provisions Article 13 Limitation of Liability 13A Limitation. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of Design -Builder, its Design Consultants, and Subcontractors, surety (if any) and their respective officers, directors, employees, and agents, and any of them, to Owner and anyone claiming by, through or under Owner, for any and all claims, losses, liabilities, costs, or damages whatsoever arising out of, resulting from, or in any way related to, the Project or this Agreement from any cause, including but not limited to the negligence, indemnity, professional errors or omissions, strict liability, breach of contract, or warranty (express or implied) shall not exceed One Hundred percent (100%) of the Contract Price. The parties agree that specific consideration has been given by the Design -Builder for this limitation and that it is deemed adequate. In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. OWNER: DESIGN -BUILDER: (Name of Owner) (Name of Design -Builder) (Signature) (Signature) (Printed Name) (Printed Name) (Title) (Title) Date: Date: Approved as to form: DBIA Document No. 545 Progressive Design -Build Agreement for Water and Wastewater Projects © 2016 Design -Build Institute of America Page 19 Exhibit B — Phase 1 Scope of Services Project Kickoff Meeting Design -Builder shall coordinate and lead a Project Kickoff meeting at the facility. During the Project Kickoff meeting, the collective project team will identify the project goals, coordinate activities, discuss project requirements, establish a project schedule, identify key project issues/concerns, identify key personnel who are to provide input on the project, and get initial input on design items. Progress Meetings/Conference Calls Design -Builder will prepare for, attend, and conduct monthly design progress meetings. These meetings will be held either at the City's offices or virtually. Design -Builder will provide meeting minutes with a decision log and a list of action items. Meeting minutes will be distributed via e-mail. Phase 1 will be a nine (9) month (270 Day) duration. This task assumes a total of five (5) onsite meetings with the remainder of the progress meetings being virtual. Project Management This task is for internal coordination of the individual disciplines, budget tracking, and invoice preparation. Quality Control/Quality Assurance The project team will follow BMcD's QA/QC program. This task includes internal review of the project by qualified staff. Review of Existing Studies, Reports, Flow/Load Data, & Design Documents Design -Builder will collect and review existing reports/design documents and facility operational data to support our understanding of the facility. This information will be used to generate a baseline for the planning and design of the new upgrades. Information provided by Owner will be assumed accurate and complete without independent verification. Project Schedule Design -Builder will develop a master project schedule in critical path format that includes all major design activities. The schedule shall be updated monthly. Phase 1 will be a nine (9) month duration. Additional Equipment Scope Evaluation Design -Builder will perform an additional site visit and review available design documents/drawings for each of the other scope items not covered in the previous Biosolids Management Study, including the following: ► Electrical — Evaluation of replacing multiple existing generators with a single generator for the entire facility, requiring review of existing drawings, review of loads across the facility, and one day of gathering site data ► Structural — One day on -site for visual observation of the lime storage silo ► Odor Control — Evaluation of gravity thickeners to determine feasibility and benefits of adding odor control covers, requiring review of existing drawings and coordination with equipment manufacturers ► Grit Removal — Evaluation of replacing grit removal equipment within the existing grit chambers. ► Grit Dewatering — Evaluation of replacing two grit classifiers with a similar technology, within the existing Headworks Building. The Design -Builder will summarize the information collected from the evaluations to deliver a technical memorandum providing recommendations and opinions of probable cost. The City will use the memorandum to determine if additional upgrades will be added to the design project's scope via an amendment. Initial Project Scoping — Opinion of Probable Construction Cost After the Design -Builder conducts the Additional Equipment Scope Evaluation, the Owner will confirm the scope to be included in the project. Before the Design -Builder proceeds with Conceptual Design Services, the Design -Builder will prepare an opinion PAGE 1 OF 5 of probable cost for the project. The City and Design -Builder will meet to review the cost. The City will then confirm the project scope. Geotechnical Investigation Assistance Design -Builder shall subcontract with a licensed geotechnical firm to conduct soil borings and laboratory tests at key locations as needed to determine subsurface conditions. The geotechnical firm shall provide a geotechnical report with recommendations for the foundation and design of new centrifuge building and various site paving. Survey Design -Builder shall subcontract with a licensed surveyor to conduct field surveys in sufficient detail to provide a topographic map suitable for detailed design. The survey shall show property boundaries and easements necessary for the project, as well as the location of all known utilities and surface features that are likely to affect the project. Existing Lime Storage Silos Inspection Design -Builder shall subcontract with a certified SSPC QP-5 inspection company to inspect the coatings on the existing lime silos and provide an inspection report. The report will include photos and be based on common painting practices developed by NACE and SSPC. The report will include recommendations on coating rehabilitation. Model Development Design -Builder will utilize existing as -built pdf documents to create an as -built 3D Model (in Autodesk Revit) of the existing infrastructure. This task only consists of modeling the existing infrastructure, as necessary, to complete the design of this project. Permitting Design -Builder will coordinate with MDNR for required permitting and project approval requirements. Design -Builder does not anticipate that MDNR will require a permit for this project. Additionally, the Design -Builder will assemble a list of anticipated permits required for the project. The Design -Build will research requirements for the following entities to create this list; Environmental Protection Agency (EPA), US Army Corps of Engineers, Jefferson City Memorial Airport, and the Jefferson City Building Department. The City and Design -Builder will meet to review the list and determine responsible parties for obtaining the permits. Conceptual Design Documents Conceptual Design Services will include a Basis of Design Report (BODR) that documents basis of design for each unit process and a codes and standards review. During conceptual design, the Design -Builder will also establish a Contract Drawing and specification list for the Preliminary Design. The following engineering discipline -specific deliverables will be included as part of the Concept Design: ► Civil Site: Establish general location of new facilities, identify laydown areas, preliminary grading plan, and basic yard piping elements. ► Structural: Identify structural design requirements for the facility and recommended materials of construction. ► Architectural: General arrangement and footprint of major structures, occupancy code, major materials of construction, elevation and section drawings. ► Mechanical: Identify classification of key areas of the facility per NFPA 820. ► Process: Document capacity and process design criteria, develop process flow diagrams for the solid stream process, include process -level process and instrumentation diagrams [showing equipment, lines/valves (material, type and size), and instruments], and develop general site layout and yard piping corridors. ► Electrical/Instrumentation: Coordinate site layout with electrical distribution, develop conceptual one -line diagrams, prepare preliminary load calculations, prepare preliminary control system architecture, develop preliminary process instrumentation diagram (PID) based on process flow diagram, and size major electrical equipment. This scope does PAGE 2 OF 5 not include any cost for the Utility provider. Additional cost may be required for the Utility to evaluate their existing service, as well as any new utility requirements. The City shall be given at least one (1) week to review the plans and outline specifications prior to holding a review meeting. PDF documents of the plans along with the specifications will be provided to the City for review. The design fee estimate is based on the following primary upgrades at the facility. Should any infrastructure upgrades deviate from the scope outlined below, or the City decides to perform additional upgrades following the evaluation of existing infrastructure, this will be considered supplemental services and require an amendment: Gravity Thickeners ► Replace -in -kind internal scraper mechanisms in both thickeners Existing Dewatering Building ► Solids handling pumps o Replace -in -kind thickened sludge pumps o Replace -in -kind scum pump o New centrifuge feed pumps (or could be located in new Dewatering Building) o Recoat basement room process piping associated with solids handling pumps ► Lime Stabilization System o Replace -in -kind blower and pneumatic transfer system between silos ► Dry Polymer System o Replace dry polymer feed system with like technology ► Replace some windows, doors, and floor hatches ► Install H2S sensors New Dewatering Building ► Demolish biofilter cells ► Replace -in -kind and relocate VS456 tank ► New pre-engineered metal dewatering building to include: o New dewatering centrifuges o New dewatered cake conveyor o New sludge -lime blender o New sludge loadout bay with conveyor o New polymer feed point from existing dewatering building dry polymer system o New electrical room to power centrifuges and appurtenances Conceptual Design Opinion of Probable Construction Cost Based on the conceptual design documents, Design -Builder will prepare an opinion of probable cost for the project. This cost opinion will be submitted along with the design documents for review and comment by the City. The cost opinion will be based on recent bid tabulation information, historical cost data, and discussions with local suppliers and contractors. All assumptions will be included for reference. Conceptual Design Review Meeting After the City has had an opportunity to review the conceptual design documents, Design -Builder shall conduct a conceptual design review meeting. The purpose of this meeting is to provide the City and Design -Builder an opportunity to clarify City comments on the documents. Design -Builder will provide meeting minutes with a decision log and a list of action items. Meeting minutes will be distributed via e-mail and document comments will be incorporated into the preliminary design documents as appropriate. Preliminary Design Documents Preliminary Design Services will include detailed design progression information with respect to civil, structural, architectural, mechanical, process, and electrical work, controls work, major equipment lists, and sequences of operations. A preliminary 3D PAGE 3 OF 5 Model will be developed in Revit, Plant 3D or Civil 3D based on the discipline. The following design deliverables, including drawings, draft specifications, and a written work description will be developed: ► Civil Site: Draft site plan, rough grading plan, and yard piping. Draft specifications started. ► Structural: Draft plan and section drawings of each structure completed, structure calculations complete, and draft specifications started. ► Architectural: Draft plans developed drawings for the new building, draft demolition requirements, and draft specifications started. ► Mechanical: Develop U -value and heat load calculations, establish required ventilation rates for the new building, size equipment, provide general arrangement of equipment, develop equipment schedule and sequence of operation. Draft specifications started. No riser diagrams will be developed. ► Process: Draft plans and specifications will be started for all unit processes. Process flow diagram, major equipment list, and process and instrumentation diagrams will be finalized. ► Electrical/Instrumentation: Develop draft instrumentation details, update instrumentation device schedule, develop rough draft I/O list, detailed control system block diagram, and finalize process and instrumentation drawings. Draft sequence of operations completed. The City shall be given at least one (1) week to review the plans and outline specifications prior to holding the Preliminary Design Review Meeting. PDF documents of the plans along with the specifications will be provided to the City for review. Preliminary Design Opinion of Probable Construction Cost Based on the preliminary design documents, Design -Builder will prepare an opinion of probable cost for the project. This cost opinion will be submitted along with the design documents for review and comment by the City. The cost opinion will be based on recent bid tabulation information, historical cost data, and discussions with local suppliers and contractors. All assumptions will be included for reference. Preliminary Design Review Meeting After the City has had an opportunity to review the Preliminary design documents, Design -Builder will conduct a preliminary design review meeting. The purpose of this meeting is to provide the City and Design -Builder an opportunity to clarify City comments on the documents. Design -Builder will provide meeting minutes with a decision log and a list of action items. Meeting minutes will be distributed via e-mail and comments will be incorporated as appropriate. Phase 2 Pricing Development Design -Builder will provide a Phase 2 Price Proposal based on the Preliminary Design Documents. This pricing will be compiled in an open book format to give the Owner transparency into pricing development. Design -Builder will complete the following tasks to produce the Phase 2 Pricing Proposal: ► Generate a Phase 2 Price estimate based on the Preliminary Design. ► Develop a Procurement Plan for approval by the Owner. This Procurement Plan will identify how the Design -Builder will delineate the work scopes to complete construction of the project in Phase 2. The work will be divided into Subcontract Packages. Each Subcontract Package will be accompanied by a list of potential bidders. The Procurement Plan will also identify all permanent equipment and materials to be directly procured by the Design -Builder, accompanied by a list of proposed vendors and manufacturers for each. If the Design -Builder proposes to self - perform any work, this work will also be identified in the Procurement Plan. ► The Owner is seeking financing through the Missouri State Revolving Fund. As such, there are procurement requirements that the project will need to meet. The Procurement Plan will outline these requirements and describe PAGE 4 OF 5 how the requirements will be met through the subcontracting and procurement process. The Owner and Design - Builder will review this information jointly in the Procurement Plan to confirm the requirements are adequate. ► Design -Builder will conduct a prequalification process to confirm the proposed subcontractors meet the minimum safety and financial requirements to participate in the project. ► Design -Builder will develop Request for Proposal (RFP) documents for each subcontract and procurement package identified in the Procurement Plan. The RFP will include the necessary commercial and design documents to solicit competitive pricing from subcontractors and vendors at the Preliminary Design stage. ► The Design -Builder will conduct the procurement process for each subcontract and procurement package. This includes issuing the RFP documents to prequalified subcontractors and vendors, managing correspondence from bidders including receiving questions and responding through the issuance of addenda, conducting pre -bids and site walks with bidders as required, and receiving bidder proposals. ► Design -Builder will evaluate subcontractor and vendor proposals. This will include analyzing bid schedules submitted in the proposals, reviewing clarifications and exceptions provided by bidders, and conducting bid review meetings with bidders as required. The Design -Builder will use the data collected through this review process to tabulate the bids and provide a comparison for each package. The Design -Builder will use this information as an input into the Phase 2 Pricing Proposal. ► Design -Builder will develop a Phase 2 project schedule in critical path format that includes all final design and preconstruction activities. Design -Builder will host a Phase 2 Price review workshop with Owner to review the Phase 2 Price build-up/estimate, equipment bid tabs, proposed Phase 2 project schedule, clarifications, and proposed allowance items. MDNR Review/Coordination Design -Builder shall prepare and submit the plans and specifications to MDNR for their review and comment. Comments will be addressed and appropriately shown in the drawings to permit the project with the State of Missouri. PAGE 5 OF 5 I BMcD Total Labor ExpensesActivity Sub- Consultants Total Cost Hours Cost Direct Cost Project Management 248 -1.- $ 66,996 $64,416 $2,580 Project Team Kickoff Meeting 64 $14,807 $5,590 $ 20,397 Project Schedule 10 $2,516 $100 $ 2,616 Progress Meetings/Conference Calls 372 $86,498 $13,460 $ 99,958 Quality Control/Quality Assurance 162 $37,985 $1,520 $ 39,505 Review of Existing Studies, Reports, Flow/Load Data, & Design Documents 150 $30,832 $1,230 $ 32,062 Additional Equipment Scope Evaluation 184 $38,129 $1,530 $10,000 $ 49,659 Initial Project Scoping Opinion of Probable Construction Cost 24 $6,288 $250 $ 6,538 Survey 18 $4,372 $170 $11,600 $ 16,142 Geotechnical Investigation Assistance 46 $11,748 $470 $24,000 $ 36,218 Model Development 100 $19,885 $800 $ 20,685 Conceptual Design Documents/BODR 1,112 $238,906 $9,560 $ 248,466 Conceptual Design Documents/BODR Opinion of Probable Construction Cost 152 $38,827 $1,550 $ 40,377 Conceptual Design Documents/BODR Review Meeting 30 $7,546 $3,300 $ 10,846 Permitting 24 $5,112 $200 $ 5,312 Preliminary Design Documents 1,780 $378,500 $15,140 $ 393,640 Preliminary Design Documents Opinion of Probable Construction Cost 130 $33,079 $1,320 $ 34,399 Preliminary Design Documents Review Meeting 24 $6,022 $3,240 $ 9,262 Phase 2 Pricing Development 420 $101,600 $4,060 $ 105,660 MDNR Review/Coordination 24 $5,112 $200 $ 5,312 0 $0 $0 $ - 0 $0 $0 $ - Sub Total 5,074 $1,132,176 $66,270 $45,600 $1,244,046 Project Subtotals 5,074 $1,132,176 $66,270 $45,600 $1,244,046 Project Total $1,244,046 Prepared by BMcD 12/8/2022 Page 1 General Conditions of Contract Between Owner and Design -Builder This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. Table of Contents Article 1: General Article 2: Design -Builder's Services and Responsibilities Article 3: Owner's Services and Responsibilities Article 4: Hazardous Conditions and Differing Site Conditions Article 5: Insurance and Bonds Article 6: Payment Article 7: Indemnification Article 8: Time Article 9: Changes to the Contract Price and Time Article 10: Contract Adjustments and Disputes Article 11: Stop Work and Termination for Cause Article 12: Electronic Data Article 13: Miscellaneous Article 1 General 1.1 Mutual Obligations .1 Owner and Design -Builder commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract Documents. 1.2 Basic Definitions .1 Agreement refers to the executed contract between Owner and Design -Builder under DBIA Document No. 545, Progressive Design Build Agreement, as modified by the parties. .2 Not Used. .3 Construction Documents are the documents, consisting of Drawings and Specifications, to be prepared, furnished or assembled by the Design -Builder. .4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. .5 Design -Build Team is comprised of the Design -Builder, the Design Consultant, and key Subcontractors identified by the Design -Builder. .6 Design Consultant is a qualified, licensed design professional who may be an employee of Design -Builder, or who is retained by Design -Builder, or employed or retained by anyone under contract with Design -Builder, to furnish design services required under the Contract Documents. A Design Sub -Consultant is a qualified, licensed design professional who is not an employee of the Design Consultant, but is retained by the Design Consultant or employed or retained by any one under contract to Design Consultant, to furnish design services required under the Contract Documents. Owner recognizes that Design -Builder is an integrated company with in-house design capabilities and that the function of Design Consultant may, in some instances, be self - performed by Design -Builder. .7 Final Completion is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any items identified in the punch list prepared under Section 6.6.1 and the submission of all documents set forth in Section 6.7.2. .8 Force Majeure Events are those events that are beyond the control of both Design - Builder and Owner, including the events of war, terrorism, vandalism, floods, labor disputes, supply chain issues, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, acts or inactions of government, quarantines, pandemics, and other acts of God. .9 General Conditions of Contract refer to these General Conditions of Contract Between Owner and Design -Builder (2010 Edition), as modified by the parties. .10 Phase 2 Contract Price Amendment means the amendment to the Agreement for Phase 2 services comprised of the accepted Proposal as developed by Design -Builder in accordance with Section 2.3 of the Agreement between Owner and Design -Builder. .11 Phase 2 Proposal means that proposal developed by Design -Builder in accordance with Section 2.3 of the Agreement. .12 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 1 Rev 10_20_2010 DB-15 (DBIA 535-2010) be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements. .13 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. .14 Owner's Project Criteria are developed by or for Owner to describe Owner's program requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design -Builder's performance of the Work. .15 Site is the land or premises on which the Project is located. .16 Subcontractor is any person or entity retained by Design -Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers and shall not include the Design Consultants retained by the Design -Builder. .17 Sub -Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers. .18 Substantial Completion or Substantially Complete means the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes. .19 Work is comprised of all Design -Builder's design, construction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents. Article 2 Design -Builder's Services and Responsibilities 2.1 General Services .1 Design -Builder's Representative shall be reasonably available to Owner and shall have the necessary skill and experience required to supervise the Work. Design -Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder's Representative may be replaced only with the mutual agreement of Owner and Design -Builder, unless such person is no longer employed by Design -Builder, which shall not be unreasonably withheld by the Owner. It is understood and accepted that Design -Builder does not plan to have a full-time, on -site Superintendent or Project Manager until amount of Work on site warrants that level of presence on site. .2 Design -Builder shall provide Owner with a monthly status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work; (iv) status of the contingency account to the extent provided for in the Agreement; and (v) other items that require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s). .3 Unless a schedule for the execution of the Work has been attached to the Agreement as DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 2 Rev 10_20_2010 DB-15 (DBIA 535-2010) an exhibit at the time the Agreement is executed, Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section 2.1.4 hereof, a schedule for the execution of the Work for Owner's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design -Builder to achieve the Contract Time(s). The schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner's review of, and response to, the schedule shall not be construed as relieving Design - Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. .4 The parties will meet within seven (7) days after execution of the Agreement to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.2 Design Professional Services .1 Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant. 2.3 Standard of Care for Design Professional Services .1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. 2.4 Design Development Services .1 Design -Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Interim design submissions shall be consistent with the Basis of Design Documents, as the Basis of Design Documents may have been changed through the design process set forth in this Section 2.4.1. On or about the time of the scheduled submissions, Design -Builder and Owner shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any changes to the Basis of Design Documents, or, if applicable, previously submitted design submissions. Changes to the Basis of Design Documents, including those that are deemed minor changes under Section 9.3.1, shall be processed in accordance with Article 9. Minutes of the meetings, including a full listing of all changes, will be maintained by Design -Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and approve the interim design submissions and meeting minutes in a time that is consistent with the turnaround times set forth in Design -Builder's schedule. .2 Design -Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting and recorded in the meetings minutes. The parties shall have a design review meeting to discuss, and Owner shall DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 3 Rev 10_20_2010 DB-15 (DBIA 535-2010) review and approve, the Construction Documents in accordance with the procedures set forth in Section 2.4.1 above. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. .3 Owner's review and approval of interim design submissions, meeting minutes, and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions, meeting minutes, and Construction Documents shall be deemed to transfer any design liability from Design -Builder to Owner. .4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design - Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. .5 Upon completion of the Design Development Phase, the Design -Builder shall provide the Owner with drawings, outline specifications and other documents for written acceptance by the Owner. Owner shall provide written approval and / or comments within ten (10) working days of the receipt of the same. 2.5 Legal Requirements .1 Design -Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. .2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design - Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price. Such effects may include, without limitation, revisions Design -Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits .1 Except as identified in the Permit List attached as an exhibit to the Agreement as Design - Builder's responsibility, Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi -government entity having jurisdiction over the Project. .2 Design -Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility. 2.7 Design -Builder's Construction Phase Services .1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design -Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design -Builder to complete construction of the Project consistent with the Contract Documents. .2 Design -Builder shall perform all construction activities efficiently and with the requisite experience, skill and competence to satisfy the requirements of the Contract Documents. Design -Builder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction. .3 Design -Builder shall employ only Subcontractors who are duly licensed (where DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 4 Rev 10_20_2010 DB-15 (DBIA 535-2010) applicable) and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design -Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design -Builder's cost and/or time of performance. .4 Design -Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any negligent acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub -Subcontractor, including but not limited to any third -party beneficiary rights. .5 Design -Builder shall coordinate the activities of its Subcontractors. If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design - Builder agrees to reasonably cooperate with such separate contractors so that the Project can be completed in an orderly manner without unreasonable disruption. However, unless otherwise stated, Design -Builder is not responsible to schedule or coordinate Owner's separate contractors. .6 Design -Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design -Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design -Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. 2.8 Design -Builder's Responsibility for Project Safety .1 Design -Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on -Site or off - Site, and (iii) all other property at the Site or adjacent thereto. Design -Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design -Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, Design -Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design -Builder's personnel, Subcontractors and others as applicable. The Safety Representative may be the Design -Builder's Superintendent or Project Manager. .2 Design -Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner -specific safety requirements set forth in the Contract Documents, provided that such Owner -specific requirements do not violate any applicable Legal Requirement. Design -Builder will immediately report in writing any safety -related injury, loss, damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasi -government authorities having jurisdiction over safety - related matters involving the Project or the Work. .3 Design -Builder's responsibility for safety under this Section 2.8 is not intended in any way to relieve Subcontractors and Sub -Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injuries, losses, damages or accidents resulting from their performance of the Work. Design -Builder is not responsible for any safety violations, acts or omissions of the Owner or its separate contractors, consultants and their subcontractors. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 5 Rev 10_20_2010 DB-15 (DBIA 535-2010) 2.9 Design -Builder's Warranty .1 For a period of one year following Substantial Completion, Design -Builder warrants to Owner that the construction, including the materials and equipment furnished and procured by Design -Builder as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design -Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work in a commercially reasonable manner. Nothing in this warranty is intended to duplicate or limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this Section 2.9 or the Contract Documents. Design -Builder will provide Owner with all manufacturers' warranties upon Substantial Completion. .2 The Design -Builder agrees to assign to the Owner at the time of Final Completion of the Work manufacturer's warranties and/or guarantees relating to materials and equipment used in the Work. Owner agrees to look solely to such manufacturer(s) for remedies for defects in equipment and material, and not to Design -Builder. Design -Builder's sole obligation is to provide reasonable assistance to Owner in obtaining relief under such manufacturer's warranties. .3 The warranties and remedies provided in this Section 2.9 are in lieu of all other warranties and/or guarantees, express or implied, included but not limited to the implied warranties of merchantability and fitness for a particular purpose. All Design -Builder liability shall end upon expiration of the one-year warranty period, provided that Owner may continue to enforce any claim for which it has given notice prior to that date. Article 3 Owner's Services and Responsibilities 3.1 Duty to Cooperate .1 Owner shall, throughout the performance of the Work, cooperate with Design -Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design - Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design -Builder's performance of its obligations under the Contract Documents. .2 Owner shall provide timely reviews and approvals of interim design submissions and Construction Documents consistent with the turnaround times set forth in Design -Builder's schedule. .3 Owner shall give Design -Builder timely notice of any Work that Owner notices to be defective or not in compliance with the Contract Documents. 3.2 Furnishing of Services and Information .1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design -Builder's information and use the following, all of which Design -Builder is entitled to rely upon in performing the Work: .1 Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; .2 Geotechnical studies describing subsurface conditions, and other DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 6 Rev 10_20_2010 DB-15 (DBIA 535-2010) surveys describing other latent or concealed physical conditions at the Site; .3 Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project and enable Design -Builder to perform the Work; .4 A legal description of the Site; . 5 To the extent available, record drawings of any existing structures at the Site; and . 6 To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. .2 Owner is responsible for securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable Design -Builder to perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in securing these necessary agreements. 3.3 Financial Information .1 At Design -Builder's request, Owner shall promptly furnish reasonable evidence satisfactory to Design -Builder that Owner has adequate funds available and committed to fulfill all of Owner's contractual obligations under the Contract Documents. If Owner fails to furnish such financial information in a timely manner, Design -Builder may stop Work under Section 11.3 hereof or exercise any other right permitted under the Contract Documents. .2 Design -Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Design -Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design -Builder to assume obligations or responsibilities greater than those existing obligations Design -Builder has under the Contract Documents. .3 Any consent to assignment of this Agreement to Owner's lenders shall be conditioned upon Design -Builder being paid in full for all outstanding sums due at the time of the assignment, and upon the assignee being responsible for all of Owner's remaining obligations under this Agreement. 3.4 Owner's Representative .1 Owner's Representative shall be responsible for providing Owner -supplied information and approvals in a timely manner to permit Design -Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design -Builder with prompt notice if it observes any failure on the part of Design -Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Owner's Representative shall communicate regularly with Design -Builder and shall be vested with the authority to act on behalf of Owner. 3.5 Government Approvals and Permits .1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees set forth in the Permit List attached as an exhibit to the Agreement. .2 Owner shall provide reasonable assistance to Design -Builder in obtaining those permits, DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 7 Rev 10_20_2010 DB-15 (DBIA 535-2010) approvals and licenses that are Design -Builder's responsibility. 3.6 Owner's Separate Contractors .1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under Owner's control. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design -Builder in order to enable Design -Builder to timely complete the Work consistent with the Contract Documents. .2 Owner shall require its separate contractors to name Design -Builder as an additional insured on their general liability and excess/umbrella liability insurance and to waive rights of subrogation against Owner, Design -Builder and its Design Consultant, consistent with Section 5.3.5, below. Article 4 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions .1 Design -Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design -Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi -government entities with jurisdiction over the Project or Site. .2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts and contractors to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless, (iii) remove, abate and remediate such Hazardous Conditions. Design -Builder is entitled to rely on the information and work of Owner's separate experts and contractors as being complete and accurate. .3 Design -Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi -government entities having jurisdiction over the Project or Site. .4 Design -Builder will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. .5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. .6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions brought to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. To the fullest extent permitted by law, Design -Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents from DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 8 Rev 10_20_2010 DB-15 (DBIA 535-2010) and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions brought to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. .7 Design -Builder and Owner acknowledge and understand that Owner shall retain ownership of and title to any Hazardous Conditions at the Site. The parties agree that such Hazardous Conditions were not caused by and are not the responsibility of Design -Builder; and that Agreement or any documents or exhibits associated with the Agreement, do not attempt to nor do they actually transfer responsibility, liability, or ownership for Hazardous Conditions to Design -Builder. Under no circumstances shall Design -Builder assume ownership of or legal liability for such Hazardous Conditions under any law, rule, order, or regulation pertaining to Hazardous Conditions, or assume the status of generator, transporter, storer, treater, or disposal facility, or arranger of transport, storage, or disposal, for Hazardous Conditions. .8 Design -Builder makes no representation, warranty, or guarantee, express or implied, that the environmental consulting services will result in a complete resolution for Owner of responsibilities and liabilities for contaminants, Hazardous Conditions, and their residuals associated with the site, or that the site will become completely free of all contaminants and Hazardous Conditions or fit for all uses. No warranty shall apply to Design -Builder's environmental consulting services performed under this Agreement. Design -Builder's services are based upon the limited scope authorized by Owner. .9 If Design -Builder provides Owner with a written report in connection with the environmental consulting services performed, the report will present such findings and conclusions respecting the site as Design -Builder may reasonably make with the information gathered in accordance with the environmental consulting services. The report shall be based only upon Design -Builder's environmental consulting services. In preparing the report, Design - Builder may review and interpret certain information provided by third -parties, including government authorities, title companies, testing laboratories, and other entities. Design -Builder will not independently evaluate the accuracy or completeness of such information, and shall not be responsible for any errors or omissions contained in such information. Design -Builder's services will be performed solely for the benefit of Owner and not for the benefit of any other persons or entities. Nothing contained in the Agreement is intended to benefit anyone other than the parties hereto, nor to create a contractual relationship with, or a cause of action in favor of, a third -party. Design -Builder does not authorize any sharing of any information, report, or other deliverables, instruments of service or work product provided to Owner, with any third -party. If Owner shares with any third -party any information, report, or other deliverable, instrument of service, or work product as result of Design -Builder's environmental consulting services, Owner does so at its sole risk. Third -parties shall not rely on Design -Builder's environmental consulting services. Design -Builder assumes no liability for any decision or course of action by any third - party based on information and deliverables and environmental consulting services provided to Owner. Owner shall waive, release, and otherwise indemnify, defend, and hold harmless Design - Builder from any injury, damage, liability, cost, or expense brought by any third -party that arises out or is related to such unauthorized disclosure or sharing of Design -Builder's deliverables, instruments of service, or work product with any third -party. Certification or verification by Design - Builder of test results or reports constitute a statement of the professional judgment of Design - Builder based on the facts and data known to Design -Builder. Certification, verification, or other confirmation are not guarantees or warranties concerning current or future considerations or performance of the facilities surveyed, or that Owner or others will be entitled to any innocent land Owner or purchaser defenses that may be available under applicable environmental laws including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. 4.2 Differing Site Conditions .1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 9 Rev 10_20_2010 DB-15 (DBIA 535-2010) nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as "Differing Site Conditions." If Design - Builder encounters a Differing Site Condition, Design -Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. .2 Upon encountering a Differing Site Condition, Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than fourteen (14) days after such condition has been encountered. Design -Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. Article 5 Insurance and Bonds 5.1 Design -Builder's Insurance Requirements .1 Design -Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in the Insurance Exhibit to the Agreement. Coverage shall be secured from insurance companies authorized to do business in the state in which the Project is located, and with a minimum AM Best rating set forth in the Agreement. .2 Design -Builder's insurance shall specifically delete any design -build or similar exclusions that could compromise coverages because of the design -build delivery of the Project. .3 Prior to commencing any construction services hereunder, Design -Builder shall provide Owner with Acord certificates evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no insurance coverage will be canceled or renewal refused unless at least thirty (30) days prior written notice is given to Owner. If any of the foregoing insurance coverages are required to remain in force after final payment are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the Final Application for Payment. .4 Design -Builder shall include Owner as an additional insured on the Commercial General Liability, Automobile Liability and Umbrella/Excess Liability required policies. Nothing in this Agreement shall require the Design -Builder or its Design Consultants to name the Owner or others as additional insureds on any Professional Liability, Employer's Liability, or Workers Compensation policies. 5.2 Owner's Liability Insurance .1 Owner shall procure and maintain from insurance companies authorized to do business in the state in which the Project is located such liability insurance as required of Design -Builder in the Agreement, except Builder's Risk, to protect Owner from claims which may arise from the performance of Owner's obligations under the Contract Documents or Owner's conduct during the course of the Project. 5.3 Owner's Property Insurance .1 Owner shall procure and maintain from insurance companies authorized to do business in the state in which the Project is located property insurance for the existing property at the Project and for the Work upon Substantial Completion, to the full insurable value of the property or Work, including professional fees, overtime premiums and all other expenses incurred to DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 10 Rev 10_20_2010 DB-15 (DBIA 535-2010) replace or repair the insured property. The property insurance obtained by Owner shall be the broadest coverage commercially available, and shall include as additional insureds the interests of Owner, Design -Builder, Design Consultants and Subcontractors of any tier. Such insurance shall include but not be limited to the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, windstorm, debris removal and other perils or causes of loss as called for in the Contract Documents. The property insurance shall include physical loss or damage to the existing property at the Project and the Work (upon Substantial Completion), including materials and equipment in transit, and at the Site. The Owner is responsible for the payment of any deductibles under the insurance required by this Section 5.3.1 .2 Prior to Design -Builder commencing any Work, Owner shall provide Design -Builder with certificates evidencing that (i) all Owner's insurance obligations required by the Contract Documents are in full force and in effect and (ii) no insurance coverage will be canceled or renewal refused unless at least thirty (30) days prior written notice is given to Design -Builder. .3 Owner and Design -Builder waive against each other and Owner's separate contractors, Design Consultants, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein or that could be covered by property insurance, if self -insured, including deductibles, and including rights of subrogation, except such rights as they may have to the proceeds of such insurance. Design -Builder and Owner shall, where appropriate, require similar waivers of subrogation from Owner's separate contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. These waivers of subrogation shall not contain any restriction or limitation that will impair the full and complete extent of its applicability to any person or entity unless agreed to in writing prior to the execution of this Agreement. 5.4 Bonds and Other Performance Security .1 Owner requires Design -Builder to obtain performance and payment bonds. .2 All bonds furnished by Design -Builder shall be on the Design -Builder's form. The surety shall be a company qualified and registered to conduct business in the state in which the Project is located. Article 6 Payment 6.1 Schedule of Values .1 Unless required by the Owner upon execution of this Agreement, within ten (10) days of execution of the Agreement, Design -Builder shall submit for Owner's review and approval a schedule of values for all of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout the Work. .2 The Owner will timely review and approve the schedule of values so as not to delay the submission of the Design -Builder's first application for payment. The Owner and Design -Builder shall timely resolve any differences so as not to delay the Design -Builder's submission of its first application for payment. 6.2 Monthly Progress Payments .1 On or before the date established in the Agreement, Design -Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 11 Rev 10_20_2010 DB-15 (DBIA 535-2010) performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.4 hereof. .2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. .3 All discounts offered by Subcontractor, Sub -Subcontractors and suppliers to Design - Builder for early payment shall accrue one hundred percent to Design -Builder to the extent Design -Builder advances payment. Unless Owner advances payment to Design -Builder specifically to receive the discount, Design -Builder may include in its Application for Payment the full undiscounted cost of the item for which payment is sought. .4 The Application for Payment shall constitute Design -Builder's representation that the Work described herein has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon Design - Builder's receipt of payment. 6.3 Withholding of Payments .1 On or before the date established in the Agreement, Owner shall pay Design -Builder all amounts properly due. If Owner determines that Design -Builder is not entitled to all or part of an Application for Payment as a result of Design -Builder's failure to meet its obligations hereunder, it will notify Design -Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design -Builder must take to rectify Owner's concerns. Design -Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design -Builder may pursue its rights under the Contract Documents, including those under Article 10 hereof. .2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design -Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 6.4 Right to Stop Work and Interest .1 If Owner fails to pay timely Design -Builder any amount that becomes due, Design - Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to Section 11.3 hereof. All payments due and unpaid shall bear interest at the rate set forth in the Agreement. 6.5 Design -Builder's Payment Obligations .1 Design -Builder will pay Design Consultants and Subcontractors, in accordance with its contractual obligations to such parties, all the amounts Design -Builder has received from Owner on account of their work. Design -Builder will impose similar requirements on Design Consultants and Subcontractors to pay those parties with whom they have contracted. Provided Owner makes all payments to Design -Builder when due, Design -Builder will indemnify and defend Owner against any claims for payment and mechanic's liens as set forth in Section 7.3 hereof. 6.6 Substantial Completion .1 Design -Builder shall notify Owner when it believes the Work, or to the extent permitted in DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 12 Rev 10_20_2010 DB-15 (DBIA 535-2010) the Contract Documents, a portion of the Work, is Substantially Complete. Within five (5) days of Owner's receipt of Design -Builder's notice, Owner and Design -Builder will jointly inspect such Work to verify that it is Substantially Complete in accordance with the requirements of the Contract Documents. The Owner and Design -Builder shall prepare a written list (Punch List) of all incomplete items of Work existing at the time, including any deficiencies noted. If such Work is Substantially Complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design - Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. .2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner shall release to Design -Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. .3 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design -Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) Owner and Design -Builder agree that Owner's use or occupancy will not interfere with Design -Builder's completion of the remaining Work. .4 If Owner occupies or attempts to use any portion of the Work prior to Substantial Completion, it agrees to it does so at its own risk and shall sign any reasonable release or indemnity agreement required by Design -Builder as a condition of such use or occupancy. 6.7 Final Payment .1 After receipt of a Final Application for Payment from Design -Builder, Owner shall make final payment by the time required in the Agreement, provided that Design -Builder has achieved Final Completion. .2 At the time of submission of its Final Application for Payment, Design -Builder shall provide the following information: .1 an affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests, or that any existing liens have been bonded by Design -Builder; .2 a general release executed by Design -Builder waiving, upon receipt and bank clearance of final payment by Design -Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; .3 consent of Design -Builder's surety, if any, to final payment; .4 all operating manuals, warranties and other deliverables required by the Contract Documents; and .5 certificates of insurance confirming that required coverages will remain in DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 13 Rev 10_20_2010 DB-15 (DBIA 535-2010) effect consistent with the requirements of the Contract Documents. .3 Upon making final payment, Owner waives all claims against Design -Builder except claims relating to (i) Design -Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design -Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion and (iii) the terms of any special warranties required by the Contract Documents. .4 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the Punch List if discovered earlier, shall be deemed warranty Work. Such deficiencies shall be corrected by Design -Builder under Sections 2.9 and 2.10 herein, and shall not be a reason to withhold final payment from Design Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient work until such work is completed. Article 7 Indemnification 7.1 Patent and Copyright Infringement .1 Design -Builder shall defend any action or proceeding brought against Owner based on any claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Design -Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design -Builder shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys' fees and expenses awarded against Owner or Design -Builder in any such action or proceeding. Design -Builder agrees to keep Owner informed of all developments in the defense of such actions. .2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Design -Builder shall at its sole expense take reasonable steps to procure the right to operate or use the Work. If Design -Builder cannot so procure such right within a reasonable time, Design -Builder shall promptly, at Design - Builder's option and at Design -Builder's expense, (i) modify the Work so as to avoid infringement of any such patent or copyright or (ii) replace said Work with Work that does not infringe or violate any such patent or copyright. .3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Design -Builder to Owner or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless Design -Builder to the same extent Design -Builder is obligated to defend, indemnify and hold harmless Owner in Section 7.1.1 above. .4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between the parties relating to liability for infringement of violation of any patent or copyright. 7.2 Tax Claim Indemnification .1 If, in accordance with Owner's direction, an exemption for all or part of the Work is claimed for taxes, Owner shall indemnify, defend and hold harmless Design -Builder from and DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 14 Rev 10_20_2010 DB-15 (DBIA 535-2010) against any liability, penalty, interest, fine, tax assessment, attorneys' fees or other expenses or costs incurred by Design -Builder as a result of any action taken by Design -Builder in accordance with Owner's directive. Owner shall furnish Design -Builder with any applicable tax exemption certificates necessary to obtain such exemption, upon which Design -Builder may rely. 7.3 Payment Claim Indemnification .1 Providing that Owner is not in breach of its contractual obligation to make payments to Design -Builder for the Work, Design -Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design -Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design -Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond or Owner's indemnity bond. If Design -Builder fails to do so within thirty (30) days after receipt of written notice from Owner to do so, Owner will have the right to discharge the claim or lien and hold Design -Builder liable for costs and expenses incurred, including attorneys' fees. However, in the event that a lien is a result of disputed sums, the Owner shall give the Design - Builder reasonable time and opportunity to negotiate settlement with its Subcontractor prior to the Owner taking steps to discharge the lien directly. 7.4 Design -Builder's General Indemnification .1 Subject to Section 10.5 and any limitations in the Agreement, Design -Builder, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Owner, its officers, directors, and employees from and against losses, damages, and expenses, including reasonable attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself) to the extent resulting from the negligent acts or omissions of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable. .2 If an employee of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Design -Builder's indemnity obligation set forth in Section 7.4.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Design -Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. 7.5 Owner's General Indemnification .1 In addition to other specific indemnities elsewhere in this Agreement, Owner, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Design -Builder and any of Design -Builder's officers, directors, and employees, from and against losses, damages, and expenses including reasonable attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself) to the extent resulting from the negligent acts or omissions of Owner's separate contractors or anyone for whose acts any of them may be liable. .2 If an employee of Owner or its separate contractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Design -Builder, its officers, directors, employees, or agents, Owner's indemnity obligation set forth in Section 7.5.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Owner, Owner's separate contractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 15 Rev 10_20_2010 DB-15 (DBIA 535-2010) Article 8 Time 8.1 Obligation to Achieve the Contract Times .1 Design -Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the Agreement. 8.2 Delays to the Work .1 If Design -Builder is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design -Builder is responsible, the Contract Time(s) for performance shall be reasonably extended by Change Order. By way of example, events that will entitle Design -Builder to an extension of the Contract Time(s) include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events. .2 In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 above, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price. .3 For purposes of this Article 8, Force Majeure Events include not only adverse weather conditions, but the resulting impact on the Project after such weather condition ceases, such as mud, standing water, frozen soil or weather damage due to hail, high wind or other weather event. Article 9 Changes to the Contract Price and Time 9.1 Change Orders .1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design -Builder, stating their agreement upon all of the following: .1 The scope of the change in the Work; .2 The amount of the adjustment to the Contract Price; and .3 The extent of the adjustment to the Contract Time(s). .2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. .3 If Owner requests a proposal for a change in the Work from Design -Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design -Builder for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 16 Rev 10_20_2010 DB-15 (DBIA 535-2010) 9.2 Work Change Directives .1 A Work Change Directive is a written order prepared and signed by Owner, directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). .2 Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 9.3 Minor Changes in the Work .1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design -Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however that Design -Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design -Builder. 9.4 Contract Price Adjustments .1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: .1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties; .2 A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; .3 Costs, fees and any other markups set forth in the Agreement; and .4 If an increase or decrease cannot be agreed to as set forth in items .1 through .3 above and Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. .2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design - Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. .3 If Owner and Design -Builder disagree upon whether Design -Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design -Builder shall resolve the disagreement pursuant to Article 10 hereof. As part of the negotiation process, Design -Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design -Builder to perform the services in accordance with Owner's interpretations, Design - Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design -Builder (i) directing Design -Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. If this occurs, Design -Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 17 Rev 10_20_2010 DB-15 (DBIA 535-2010) Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design -Builder does not prejudice Design -Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 9.5 Emergencies .1 In any emergency affecting the safety of persons and/or property, Design -Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this Article 9. Article 10 Contract Adjustments and Disputes 10.1 Requests for Contract Adjustments and Relief .1 If either Design -Builder or Owner believes that it is entitled to relief against the other for any event arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions of Contract. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty- one (21) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. 10.2 Dispute Avoidance and Resolution .1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design -Builder and Owner each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. .2 Design -Builder and Owner will first attempt to resolve disputes or disagreements at the field level through discussions between Design -Builder's Representative and Owner's Representative which shall conclude within fourteen (14) days of the written notice provided for in Section 10.1.1 unless the Owner and Design -Builder mutually agree otherwise. .3 If a dispute or disagreement cannot be resolved through Design -Builder's Representative and Owner's Representative, Design -Builder's Senior Representative and Owner's Senior Representative, upon the request of either party, shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Five (5) days prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. .4 If after meeting the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit within thirty (30) days of the conclusion of the meeting of Senior Representatives the dispute or disagreement to non -binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the parties. The mediation DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 18 Rev 10_20_2010 DB-15 (DBIA 535-2010) will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Unless otherwise mutually agreed by the Owner and Design -Builder and consistent with the mediator's schedule, the mediation shall commence within ninety (90) days of the submission of the dispute to mediation. .5 In the event that a dispute arises between the parties is submitted to mediation under this Section, the parties agree to split the mediator's and any filing fees equally. The mediation shall be held in Kansas City, Missouri. In the event that it is necessary to file a lawsuit or demand arbitration in order to meet the requirements of a statute of limitations which is about to expire, the parties agree, nonetheless, to submit the dispute to mediation within thirty (30) days after the filing of such lawsuit or demand. Any agreements reached in mediation shall be enforceable as a settlement agreement. 10.3 Arbitration .1 Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 10.2 above shall be decided by arbitration. The number of arbitrators shall be one (1) and the place of the arbitration shall be Kansas City, Missouri, unless the parties agree otherwise in writing. .2 The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the courts. Judgment may be entered upon it in accordance with applicable law by any court having jurisdiction thereof. .3 Design -Builder and Owner expressly agree that any arbitration pursuant to this Section 10.3 may be joined or consolidated with any arbitration involving any other person or entity (i) necessary to resolve the claim, dispute or controversy, or (ii) substantially involved in or affected by such claim, dispute or controversy. Both Design -Builder and Owner will include appropriate provisions in all contracts they execute with other parties in connection with the Project to require such joinder or consolidation. .4 The prevailing party in any arbitration, or any other final, binding dispute proceeding upon which the parties may agree, shall be entitled to recover from the other party reasonable attorneys' fees and expenses incurred by the prevailing party. A "prevailing party" is one who wins more than 75% of what it claimed was owed, or one who defends more than 75% of the opposing party's claim. 10.4 Duty to Continue Performance .1 Unless provided to the contrary in the Contract Documents, Design -Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design - Builder, pending the final resolution of any dispute or disagreement between Design -Builder and Owner. 10.5 CONSEQUENTIAL DAMAGES .1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY (EXCEPT AS SET FORTH IN SECTION 10.5.2 BELOW), NEITHER DESIGN -BUILDER NOR OWNER SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, ANTICIPATED PROFITS, PRODUCTION, BUSINESS, REPUTATION OR FINANCING, RETURN ON INVESTMENT, OR INCREASED COST OF OPERATION,. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 19 Rev 10_20_2010 DB-15 (DBIA 535-2010) .2 The consequential damages limitation set forth in Section 10.5.1 above is not intended to affect the payment of liquidated damages or lost early completion bonus, if any, set forth in Article 5 of the Agreement, which both parties recognize has been established, in part, to reimburse Owner or reward Design -Builder for some damages that might otherwise be deemed to be consequential. Article 11 Stop Work and Termination for Cause 11.1 Owner's Right to Stop Work .1 Owner may, without cause and for its convenience, order Design -Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. .2 Design -Builder is entitled to seek an adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of the Work by Owner. 11.2 Owner's Right to Perform and Terminate for Cause .1 If Design -Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below. .2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide written notice to Design -Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design -Builder's receipt of such notice. If Design -Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design -Builder of its intent to terminate within an additional seven (7) day period. If Design -Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design -Builder of such declaration. .3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased for the Work, which are planned to be turned -over as part of the Work or planned for consumption of the Work, all of which Design -Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Design -Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design -Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design -Builder will only be entitled to be paid for Work performed prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design -Builder shall be obligated to pay the difference to DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 20 Rev 10_20_2010 DB-15 (DBIA 535-2010) Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in connection with the reprocurement and defense of claims arising from Design -Builder's default, subject to the waiver of consequential damages set forth in Section 10.5 hereof. .4 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Article 8 of the Agreement. .5 Design -Builder shall not be liable for the Work (including, but not limited to, equipment installation) that is incomplete due to a termination by Owner for cause or for convenience under this Agreement, including without limitation, any errors, omissions or defects in such designs or Work which Design -Builder is prevented from correcting and completing due to any termination. .6 Owner shall pay Design -Builder as a Cost of the Work to make reasonably safe any incomplete Work or Site conditions left open due to any termination under this Agreement. Thereafter, Owner assumes full risk and control of the Site. 11.3 Design -Builder's Right to Stop Work .1 Design -Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop the Work for the following reasons: .1 Owner's failure to provide financial assurances as required under Section 3.3 hereof; or .2 Owner's failure to pay amounts properly due under Design -Builder's Application for Payment. .2 Should any of the events set forth in Section 11.3.1 above occur, Design -Builder has the right to provide Owner with written notice that Design -Builder will stop the Work unless said event is cured within seven (7) days from Owner's receipt of Design -Builder's notice. If Owner does not cure the problem within such seven (7) day period, Design -Builder may stop the Work. In such case, Design -Builder shall be entitled to make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted by such stoppage. 11.4 Design -Builder's Right to Terminate for Cause .1 Design -Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: .1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof, provided that such stoppages are not due to the acts or omissions of Design -Builder or anyone for whose acts Design -Builder may be responsible. .2 Owner's failure to provide Design -Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design -Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof. .3 Owner's failure to cure the problems set forth in Section 11.3.1 above DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 21 Rev 10_20_2010 DB-15 (DBIA 535-2010) after Design -Builder has stopped the Work. .2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design -Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem, then Design - Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design -Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design -Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Article 8 of the Agreement. 11.5 Bankruptcy of Owner or Design -Builder .1 If either Owner or Design -Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: .1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non -Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and .2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations, the non - Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non -Bankrupt Party under this Article 11. .2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the ability of the non -Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design -Builder to stop Work under any applicable provision of these General Conditions of Contract. Article 12 Electronic Data 12.1 Electronic Data. The parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design -Builder and others in electronic media as an alternative to paper hard copies (collectively "Electronic Data"). 12.2 Transmission of Electronic Data .1 Owner and Design -Builder shall agree upon the software and the format for the DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 22 Rev 10_20_2010 DB-15 (DBIA 535-2010) transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed -upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. .2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. .3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 12.3 Electronic Data Protocol .1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3. .2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above, including file conventions and document properties, unless prior arrangements are made in advance in writing. .3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. .4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. Article 13 Miscellaneous 13.1 Confidential Information .1 Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 23 Rev 10_20_2010 DB-15 (DBIA 535-2010) considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the Project. 13.2 Assignment .1 Neither Design -Builder nor Owner shall, without the written consent of the other assign, transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 13.3 Successorship .1 Design -Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. 13.4 Governing Law .1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project, without giving effect to its conflict of law principles. Arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. sec. 1, et seq. 13.5 Severability .1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 13.6 No Waiver .1 The failure of either Design -Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 13.7 Headings .1 The headings used in these General Conditions of Contract, or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 13.8 Notice .1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the facsimile number of the intended recipient, or (iv) if transmitted by email with receipt confirmation received by the transmitting party, by the time stated in the receipt confirmation. 13.9 Amendments .1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Page 24 Rev 10_20_2010 DB-15 (DBIA 535-2010) Clean Water State Revolving Fund Specifications Requirements State Revolving Fund: The Missouri State Revolving Fund, established by the sale of Missouri Water Pollution Control bonds and federal Capitalization Grants to Missouri, is financing this project. Equal Employment Opportunity and Nondiscrimination in Employment — 41 CFR 60-4; E.O. 11246: 41 CFR 60-4 published April 7, 1978 and amended October 3, 1980, requires that the SRF funding applicant and selected bidders comply with Executive Order 11246 for bids, contracts, and subcontracts for all federally assisted construction contracts exceeding $10,000. The specifications explain the requirements for bidders and contractors under E.O. 11246. • Bidders please see document titled "Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)" Disadvantaged Business Enterprises (DBE) (includes Minority -owned Business Enterprises/Women-owned Business Enterprises, MBE/WBE) — 40 CRF Part 33, 10 CSR 20-4.040(17), E.O. 11625 and 12138: The applicant is an Equal Opportunity Employer and invites the submission of bids from Disadvantaged Business Enterprises. • Bidders please see document titled "Missouri State Revolving Fund Procedures for Implementation Minority Business Enterprise/Women's Business Enterprise" • Bidders please see Missouri Executive Order 05-30 • Bidders please see Missouri Executive Order 15-06 ➢ The selected bidders must complete the "Missouri State Revolving Fund Disadvantaged Business Enterprise (Minority and Women's Business Enterprise) Utilization Worksheet" Employment of Unauthorized Aliens Prohibited — &285.530 RSMo: Pursuant to §285.530.1, RSMo, the contractor assures that it, as well as its subcontractors, does not knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri, and shall affirm, by sworn affidavit and provision of documentation, its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further, the contractor assures that it, as well as its subcontractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. In accordance with §285.525 to 285.550, RSMo a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of §285.530, RSMo if the contract binding the contractor and subcontractor affirmatively states that the direct subcontractor is not knowingly in violation of subsection 1 of §285.530, RSMo and shall not henceforth be in such violation and the contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor's employees are lawfully present in the United States. ➢ The selected contractor(s) must complete the "Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization" form. ➢ In addition, the selected contractor(s) must enroll in the federal E -verify system, provide supporting documentation of enrollment, and provide verification documentation for enrollment in the Federal E - Verify system. Davis -Bacon Act: • Bidders please see "Davis Bacon Act Requirements" • Bidders please see "Davis -Bacon Act Requirements Funding Recipient Requirements" Contract Work Hours and Safety Standards Act — 40 U.S.C. 327-330: The contractor(s) and subcontractor(s) shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). U.S. Environmental Protection Agency Certification of Non -segregated Facilities: ➢ The selected bidders must complete this form. OSHA Training — &292.675, RSMo: Any person signing a contract to work on the construction of public works for any public body shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction Updated July 8, 2022 Page 1 of 5 Clean Water State Revolving Fund Specifications Requirements safety program for their on -site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. All employees are required to complete the program within sixty days of beginning work on such construction project. Debarment and Suspension —10 CSR 20-4.040(17): E.O. 12549: The Code of Federal Regulations at Title 2, Part 180, prohibits participation in USEPA funded contracts by persons excluded or disqualified from doing business with the federal government. Bidders are responsible for advising the Owner if they are excluded or disqualified, and to check whether subcontractors they intend to use are excluded or disqualified. All tiers of subcontractors have the same responsibility to notify the one for which they are providing services if they are excluded or disqualified, and to check the status of any subcontractors they intend to use. Status can be checked on the System for Award Management (SAM) located on the Internet at https://www.sam.gov/SAM/. All subcontracts at any tier should include this language. > The selected bidders must complete the "Certification Regarding Debarment and Suspension" form. Small Business Act — P.L. 100-590: Prior to awarding contracts, the SRF funding applicant and any contractor awarding subcontracts must take the following affirmative steps in accordance with Section 129 of Public Law 100- 590, Small Business Administration Reauthorization and Amendment Act of 1988: a. Placing Small Business in Rural Areas (SBRA) on solicitation lists; b. Ensuring that SBRAs are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; d. Establishing delivery schedules, where the requirements of work will permit which would encourage participation by SBRAs; and e. Utilizing the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate. Award of Contract —10 CSR 20-4.040(18): The applicant will award the contract to the lowest responsive, responsible bidder. The contract must be for a firm fixed -price. The contract award will be awarded only to responsible contractors possessing the ability to perform successfully, which will be determined by considering such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. Central Contractor Registration: In accordance with the Federal Funding Accountability Act of 2006, the contractor assures that it, as well as its subcontractor(s), shall register in the the System for Award Management (SAM). SAM is the Official U.S. Government system that consolidated the capabilities of Central Contractor Registration (CCR)/FedReg, Online Representations and Certifications Application (ORCA), and Excluded Parties List System (EPLS). There is NO fee to register for this site. If you had an active record in CCR, you have an active record in SAM. You do not need to do anything in SAM at this time, unless a change in your business circumstances requires updates to your Entity record(s) in order for you to be paid or receive an award, or you need to renew your Entity(s) prior to its expiration. To update or renew your Entity records(s) in SAM, you will need to create a SAM User Account located on the Internet at https://www.sam.gov and link it to your migrated Entity records. You will need a user account to search for registered entities in SAM. If the prime contractor is not currently registered in SAM, they are required to do so, as their status will be checked in SAM using the Unique Entity Identifier (UEI) provided by SAM. Privity of Contract: The Missouri Department of Natural Resources, its divisions, nor its employees are or will be a party to the contract(s) at any tier. Protests: Neither the U.S. Environmental Protection Agency (USEPA) nor the Missouri Department of Natural Resources will be involved in protest(s) and their resolution. Updated July 8, 2022 Page 2 of 5 Clean Water State Revolving Fund Specifications Requirements Domestic Products Procurement Law —10 CSR 20-4.040(17); §&34.350 - 34.359 RSMo: All manufactured goods or commodities used or supplied in the performance of any contract or subcontract awarded on this project shall be manufactured, assembled or produced in the United States, unless obtaining American -made products would increase the cost of the contract by more than ten percent (10%). In accordance with §34.350 through 34.359 RSMo, a waiver may be requested from the owner. ➢ The selected bidders must complete the "Domestic Products Procurement Act — §§34.350 - 34.359 RSMo Certification" form. Anti -Lobbying Act — P.L. 101-121: Sub -recipients who request or receive from the grant recipient a sub -grant, contract, or sub -contract exceeding $100,000, at any tier under a federal grant shall comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, and file an Anti -Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above. • Selected bidders must complete one of the following forms: o If the selected bidder lobbied on the behalf of this project, the contractor will complete the "Disclosure of Lobbying Activities" form. o If the selected bidder did not lobby on the behalf of this project, the contractor will complete the "Certification Regarding Lobbying" form. Record Retention: The contractor(s) and sub-contractor(s) shall retain all project related records for three years after final payment(s) and all other pending matters are closed. Access to Construction Site and Contract Records —10 CSR 20-4.040(17); Clean Water Act sec. 308 (B)i: The contractor shall provide access to the project site and project records by, the Missouri State Auditor, the Missouri Department of Natural Resources, the Missouri Clean Water Commission, the Environmental Improvement and Energy Resources Authority, the USEPA, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Payment Provisions —10 CSR 20-4.040(20): The owner shall make payment to the contractor in accordance with §8.960, RSMo. Retainage can be no more than 5%. False Claims Act: The contractor(s) and sub-contractor(s)s, if required by future OMB guidance, shall promptly refer to the State of Missouri or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. Clean Air Act - 42 U.S.C. 7506(C): The contractor(s) and sub-contractor(s) shall comply with the Clean Air Act. Clean Water Act - 33 U.S.C. 1368: The contractor(s) and sub-contractor(s) shall comply with the Clean Water Act. Energy Efficiency Requirements — Energy Policy and Conservation Act (P.L.94-163, 89 Stat. 871): The contractor(s) and sub-contractor(s) shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871). Recycled Materials — U.S.C. 6962 (RCRA Section 6002): In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA), preference shall be given to the procurement of specific products containing recycled materials identified in guidelines developed by the USEPA. Current guidelines are contained in 40 CFR Part 247-254. Historical and Archaeological — P.L. 93-291: If during the course of construction evidence of deposits of historical or archaeological interest is found, the contractor shall cease operations affecting the find and shall notify the owner who shall notify the Missouri Department of Natural Resources and the Director, Division of State Parks, P.O. Box 176, Jefferson City, Missouri 65102-0176, Telephone (573) 751-2479. The contractor shall halt any further disturbances of the deposits until notified by the owner that they may proceed. The owner will issue a notice to Updated July 8, 2022 Page 3 of 5 Clean Water State Revolving Fund Specifications Requirements proceed only after the state official has surveyed the find and made a determination to the Missouri Department of Natural Resources and the owner. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the specifications. Missouri Products — Chap. 71.140 RSMo: Preference shall be given to Missouri products in accordance with Chapter 71.140, Revised Statutes of Missouri. • This applies to loan only funded projects. Please contact the solicitor to determine if applicable to this project. Missouri Firms — §34.076 RSMo: Pursuant to §34.076, Revised Statutes of Missouri, preference shall be given to those persons doing business as Missouri firms, corporations, or individuals, or which maintain Missouri offices or places of business, when the quality of performance promised is equal or better and the price quoted is the same or less. In addition, in order for a non -domiciliary Missouri bidder to be successful, his bid must be that same percentage lower than a domiciliary Missouri bidder's bid, as would be required for a Missouri bidder to successfully bid in the non-domiciliary's state. • This applies to loan only funded projects. Please contact the solicitor to determine if applicable to this project. Prohibition on certain telecommunications and video surveillance services or equipment Certification — 2 CFR 200.216: In accordance with 2 CFR 200.216, recipients and sub -recipients are prohibited from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Anti -Discrimination Against Israel Act — §34.600, RSMo: In compliance with §34.600 RSMo, the contracting company certifies that it is not currently engaged in and shall not, for the duration of the contract, engage in a boycott of goods or services from the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel, in accordance with §34.600, RSMo. Any contract that fails to comply with the provisions of this section shall be void against public policy. • This provision does not apply to contracts with a total potential value of less than one hundred thousand dollars or to contractors with fewer than ten employees. American Iron and Steel — Sec. 608(a) of the Federal Water Pollution Control Act: In accordance with Sec. 608(a) of the Federal Water Pollution Control Act, the Participant assures that it, as well as its contractors and sub- contractors, will only use iron and steel products in the Project which are produced in the United States in a manner consistent with United States obligations under international agreements. The term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The Participant understands that this requirement may only be waived by the applicable federal agency in limited situations as set out in §608(d) of the Federal Water Pollution Control Act. The contractor shall submit all AIS certifications for any iron and steel requested for reimbursement. No applicable items will be reimbursed without the necessary AIS documentation. Updated July 8, 2022 Page 4 of 5 Clean Water State Revolving Fund Specifications Requirements • Please see AIS guidance titled "Implementation of American Iron and Steel provisions." • Please see AIS waivers: o De-Minimis Waiver o National Product Waiver for Pig Iron and Direct Reduced Iron for State Revolving Fund Projects o National Product Waiver for Minor Components within Iron and Steel Products (with cost ceiling) for State Revolving Fund Projects • Contractors bidding on this project must complete and include with their bid the "American Iron and Steel Certification" form. Updated July 8, 2022 Page 5 of 5 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction Contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL REGISTER in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and training programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting it's EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than once month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m.Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory affect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. n. Ensure that all facilities and company activities re nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications providing that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligation under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41-CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade Goals for female participation in each trade All years % 6.9% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any) Current goals for minority and female participation for each trade can be found at the US Depai lment of Labor, Office of Federal Contract Compliance Programs (OFCCP) compliance assistance guides https://www.dol.gov/ofccp/CAGuides/. Construction Technical Assistance Guide https://www.dol.gov/ofccp/TAguides/TAC FedContractors JRF QA 508c.pdf 5/17/18 MISSOURI STATE REVOLVING FUND Procedures for Implementation Minority Business Enterprise/Women's Business Enterprise Each bidder/offeror must fully comply with the requirements, terms, conditions of 40 CFR Part 33 and DNR's regulations to award a fair share of subagreements to minority and women's business enterprises. The bidder/offeror commits itself to taking affirmative steps and complying with the Six Good Faith Efforts contained herein. Bidders/offerors will take affirmative steps prior to submission of bids/proposals. Affirmative Steps 1. When feasible, segmenting total work requirements to permit maximum minority business and women business enterprises (MBE/WBE) participation. 2. Assuring that MBEs and WBEs are solicited whenever they are potential sources of goods or services. This step may include: a. Sending letters or making other personal contacts with MBEs and WBEs (e.g. those whose names appear on lists prepared by the Missouri Office of Administration, the Missouri Department of Transportation, or the funding recipients and other MBEs and WBEs known to the bidder/offeror.) MBEs and WBEs should be contacted when other potential subcontractors are contacted, within reasonable time (fifteen days) prior to bid submission or closing date for receipt of initial offers. Those letters or other contacts should communicate the following: i. Specific description of the work to be subcontracted; ii. How and where to obtain a copy of plans and specifications or other detailed information needed to prepare a detailed price quotation; iii. Date the quotation is due to the bidder/offeror; iv. Name, address, and phone number of the person in the bidder/offeror's firm whom the prospective MBE/WBE subcontractor should contact for additional information. b. Sending letters or making other personal contacts with local, state, federal and private agencies and DBE associations relevant to the project. Such contacts should provide the same information provided in the direct contacts to DBE firms. 3. Where feasible, establishing delivery schedules which will encourage participation by MBEs and WBEs. 1 5/17/18 Determination of Compliance It is to be noted that bidders/offerors must demonstrate compliance with DBE requirements in order to be deemed responsible. Demonstration of compliance shall include, but is not limited to, the following information: 1. Names, addresses and phone numbers of MBEs/WBEs expected to perform work; 2. Work to be performed by the MBEs and WBEs; 3. Aggregate dollar amount of work to be performed by MBEs and WBEs, showing aggregate to MBEs and aggregate to WBEs separately; 4. Description of contacts to MBE and WBE organizations, agencies and associations which serve MBEs/WBEs, including names of organizations, agencies and associations and dates of contacts; 5. Description of contacts to MBEs and WBEs, including number of contacts, fields, (i.e. equipment or material supplier, excavators, transport services, electrical subcontractors, plumbers, etc.) and dates of contacts. The Six Good Faith Efforts, and Minority and Women's Business Enterprise Utilization Worksheet shall be included in the specifications. All bidders/offerors should complete the Minority and Women's Business Enterprise Utilization Worksheet and submit to the funding recipient prior to contract award. Additional information on DBE requirements can be found at https://www.epa.gov/osbp/dbe team.htm Lists of Certified Disadvantaged Business Enterprises — To help comply with the Six Good Faith Efforts, please visit the following web sites to access existing lists of certified DBEs: Small Business Administration https://dsbs.sba.gov/dsbs/search/dsp dsbs.cfm Missouri Department of Transportation https://www.modot.mo.gov/ecr/index.htm Office of Equal Opportunity https://oeo.mo.gov/ The contractor shall not discriminate on the basis of race, color, nation origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. 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 other legally available remedies. (Funding recipients may establish alternative methods of compliance equivalent to or more stringent than the above.) 2 5/17/18 "Six Good Faith Efforts" The Six Good Faith Efforts are required methods to be used by all Loan and Grant recipients to ensure that all disadvantaged business enterprises (DBEs) have the opportunity to compete for procurements funded by EPA financial assistance dollars. The prime contractor must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the recipient. A recipient must be notified in writing by its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor. If a DBE subcontractor fails to complete work under its subcontract for any reason, the recipient must require the prime contractor to employ the six good faith efforts described below if soliciting a replacement subcontractor. A recipient must require its prime contractor to employ the six good faith efforts even if the prime contractor has achieved its Fair Share Goals. The current Fair Share Goals are 10% for Minority Business Enterprises and 5% for Women Business Enterprises in accordance with 40 CFR, Part 33, Subpart D. The Six Good Faith Efforts are: 1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before bid or proposal closing date. 3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and Local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 5. Use the services and assistance of the SBA and the Minority Business development Agency of the Department of Commerce. 6. If the prime contractor awards subcontracts, require the prime contractor to take the above steps. 3 5/17/18 MISSOURI STATE REVOLVING FUND DISADVANTAGED BUSINESS ENTERPRISE (MINORITY AND WOMEN'S BUSINESS ENTERPRISE) UTILIZATION WORKSHEET Funding Recipient Project No.: Contractor/Engineer: Contract Name: Contract Contact Person: Contractor MBE/WBE: Yes OA / MODOT / EPA Certification No.: Address: No Telephone No.: Amount of Contract Email Address Total Contract MBE% WBE % 1. MBE Subcontractor WBE Address Contact Person Email Address: OA MBE/WBE Certification Number Telephone No. MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 2. MBE Subcontractor WBE Address Contact Person Email Address: OA MBE/WBE Certification Number Telephone No. MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 4 5/17/18 3. MBE Subcontractor WBE Address Contact Person Email Address: Telephone No. OA MBE/WBE Certification Number MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 4. MBE Subcontractor WBE Address Contact Person Email Address: OA MBE/WBE Certification Number Telephone No. MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 5. MBE Subcontractor WBE Address Contact Person Email Address: OA MBE/WBE Certification Number Telephone No. MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 6. MBE Subcontractor WBE Address Contact Person Email Address: OA MBE/WBE Certification Number Telephone No. MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 5 5/17/18 Comments: Prepared By: Telephone Number: Date: 6 EXECUTIVE ORDER 05-30 RECEIVED & FILED SEP 0 8 2005 S10N I SION WHEREAS, since 1990, the Office of Administration, State of Missouri has endeavored to "establish and implement a plan to increase and maintain the participation of certified socially and economically disadvantaged small business concerns or minority business enterprises, directly or indirectly, in contracts for supplies, services, and construction contracts, consistent with targets determined after an appropriate study conducted to determine the availability of socially and economically disadvantaged small business concerns and minority business enterprises in the marketplace;" pursuant to Senate Bills 808 & 672 passed by the General Assembly and signed into law by then Governor Ashcroft; and WHEREAS, such a study was conducted and found statistically significant disparities in state contractual expenditures for construction and the purchase of goods and services, as compared to the ready, willing and able minority and women -owned business enterprises (M/WBEs) in the state; and WHEREAS, Executive Order 98-21 established goals to increase the percentage of goods and services procured from certified M/WBEs; and WHEREAS, the goals for M/WBE participation established in Executive Order 98-21 have not been substantially met; and statistically significant disparities in state contractual expenditures for construction and the purchase of goods and services from minority and women -owned businesses in the state still exist; and WHEREAS, on September 27, 2004, Behavioral Interventions, Inc. filed a lawsuit in the U.S. District Court, in the Western District of Missouri challenging the propriety of Missouri's M/WBE program. In January 2005, a preliminary injunction was issued ordering the Office of Administration, State of Missouri to suspend the placing of M/WBE requirements in any procurement by the State of Missouri. Because of the uncertainty created in the aftermath of the litigation, the program has undergone comprehensive revision not only to withstand constitutional scrutiny, but also to more adequately address the compelling needs and obstacles of minority and women -owned businesses to gain greater access to business opportunities, both public and private, within the state of Missouri; and WHEREAS, the State of Missouri is dedicated to the compelling governmental interest in remedying race and sex based discrimination in a manner consistent with state and federal law; and WHEREAS, the State of Missouri is committed to enhancing the economic health and prosperity of the state by promoting the greater use of minority and women -owned businesses. Job creation for Missouri residents, and therefore the success of minority and women -owned businesses, are paramount goals of this Administration; and WHEREAS, the State of Missouri will gain enormously from improvements in expanded business opportunities for Missouri residents created by the expansion of minority and women -owned businesses and through the additional tax revenues generated by those individuals and businesses; and WHEREAS, to further these goals, which are of the highest priority of this Administration, it is the policy of this Administration to develop economic opportunities for minority and women -owned businesses wherever possible. NOW, THEREFORE, I, Matt Blunt, Governor of the State of Missouri, under the authority vested in me under the constitution and the laws of this state, to fulfill the mandate of the General Assembly in Senate Bills 808 & 672 and to pursue the compelling interest of remedying discrimination, do hereby declare the following narrowly tailored policies and procedures shall be adopted by the Executive Branch of state government in procuring all types of goods and services: 1. The Office of Supplier and Workforce Diversity (OSWD) is established to replace the Office of Equal Opportunity. All the authority, powers and privileges of the Office of Equal Opportunity is transferred to the OSWD. The Director of OSWD shall be appointed by the Governor. The Director of OSWD shall report to the Commissioner of Administration. The Director shall have primary responsibility for assisting in the coordination and implementation of affirmative action throughout all departments of the executive branch of state government, including programs to increase M/WBE participation, and advising the Governor on issues regarding equal employment opportunity, affirmative action, and efforts to administer affirmative action goals and timetables for implementation throughout the departments of the executive branch. The Office of State Compliance Officer is hereby abolished. The Director of OSWD shall be the State's chief compliance officer for the executive branch of state government to ensure that the State of Missouri is complying with all federal and state laws concerning equal employment opportunity and affirmative action. If needed, the Director shall assist each department in developing an Affirmative Action Plan of Implementation. Additionally, the Director of OSWD shall review progress reports of the departments and shall meet biannually with each department director to evaluate departmental results and determine the course of future affirmative action goals, timetables, recruiting, planning, and implementation. The results of each meeting shall be reported in writing to the Governor and Commissioner of Administration. Not later than January first of each calendar year, the Director of OSWD shall provide a report to the Governor and the Commissioner of Administration which summarizes the activities of each department pursuant to this Order and which contains recommendations for additional programs to accomplish the purposes of this Order. The Commissioner of Administration shall provide the Director of OSWD with such facilities, staff, resources, equipment, and supplies as are necessary to carry out the duties set forth herein. The Director of OSWD shall submit a proposal each fiscal year to the Commissioner of Administration detailing the needs of the Office of Supplier and Workforce Diversity. 2. All state agencies shall continue to make every feasible effort to target the percentage of goods and services procured from certified MBEs and WBEs to 10% and 5%, respectively. These efforts shall include participation in an Executive Branch Contract Compliance Council which shall, in cooperation with the OSWD, review procurement efforts to assist in meeting the requirements of this Executive Order. 3. The Divisions of Purchasing and Materials Management (PMM) and Facilities Management, Design and Construction (FMDC) within the Office of Administration shall be authorized to implement the following programs to increase M/WBE procurement: a. PMM shall be authorized to encourage prime contractors to subcontract with M/WBEs on all contracts of $100,000 or greater. OSWD contracts shall include a provision for participation which will allow the bidders to tailor a plan to fit the contract. Mandatory percentage goals of M/WBE participation shall not be established in violation of federal or state law. M/WBE participation shall be encouraged by PMM in consultation with OSWD and the user agency depending on the availability of M/WBE vendors in the applicable commodity/service and geographical area. PMM shall consider M/WBE participation as a significant factor in a contract bid. The M/WBE participation will be evaluated along with other criteria in the award of a bid. It is intended that 10% MBE and 5% WBE percentage is desired. The participation can be met through the use of prime contractors, subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful opportunities for M/WBE participation. 2 OSWD in conjunction with PMM shall also appoint a M/WBE Purchasing Manager for the purpose of promoting and coordinating the participation of M/WBEs in State of Missouri contracts. b. FMDC shall be authorized to evaluate M/WBE participation in design contracts, as part of the quality -based selection process, for construction projects worth $1.5 million or more. On contracts with lesser value, FMDC shall make special efforts to target M/WBEs as prime contractors. Overall participation targets for each fiscal year shall be 10% MBE and 5% WBE; however, mandatory percentage goals shall not be established in violation of federal or state law. The targets may be met through the use of prime contractors, subcontractors, joint ventures, or other arrangements that afford meaningful opportunities for M/WBE participation. FMDC shall also be authorized to seek participation of M/WBEs on construction contracts. The targets shall be set on a project by project basis by FMDC in consultation with the OSWD, taking into account the availability of M/WBE contractors in the applicable geographic area and construction trade, with the overall participation targets for each fiscal year at 10% MBE and 5% WBE. The targets may be met through the use of prime contractors, subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful opportunities for M/WBE participation. c. Both FMDC and the PMM shall establish policies or rules to implement these programs which shall include a waiver provision for prime contractors who make a good faith effort to attain such targets but do not succeed. They shall also establish enforcement procedures in cooperation with the OSWD to assist contractors to meet subcontracting commitments. Their programs shall be reviewed annually to determine whether targets should be modified. d. FMDC and PMM are authorized and directed to identify and consult with such entities as the St. Louis Minority Business Council, the Kansas City Minority Supplier Council and the Kansas City Council of Women Business Owners in identifying M/WBEs to participate in state procurements. 4. OSWD shall monitor the programs and work with FMDC and PMM in their implementation. The OSWD shall have the following responsibilities and carry out the following tasks: a. to actively recruit, facilitate and serve as a clearinghouse for M/WBE contractors to participate in the programs; b. to cooperate with the PMM and the FMDC in the administration and enforcement of the M/WBE participation programs; c. to cooperate with the PMM and the FMDC in the development of policies, forms, and procedures to carry out the requirements of the M/WBE participation programs; d. to participate in M/WBE target setting; e. to perform fact -gathering and record -keeping to determine both the effectiveness of state participation programs and the availability and utilization of eligible M/WBEs on individual projects, including levels of participation and availability in specific areas; f. to certify contractors as M/WBEs; g. to assess the continuing need for M/WBE participation targets for specific contracting areas; h. to monitor contractor participation with M/WBE targets; and 3 i. to recommend sanctions for contractors who fail to faithfully execute M/WBE participation plans during the course of contract performance. 5. The programs shall be reviewed annually to monitor the level of M/WBE participation achieved in state contracting areas during the previous year. An assessment of the programs and whether their continuation is necessary shall be delivered to the Governor and the General Assembly. After it is determined that M/WBEs participate in state contracts in a manner commensurate with their presence and capability in the state marketplace, the programs set forth in section 2 will be terminated. 6. Executive Order No. 98-21 (1998) and article II of Executive Order 94-03 (1994) are hereby superseded and replaced by this Executive Order. ATTEST: IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 8th day of September, 2005. Matt Blunt Governor 04<a4, Robin Carnahan Secretary of State 4 EXECUTIVE ORDER 15-06 RECEIVED & FILED OCT 21 2015 SECRETARY OF STATE COMMISSIONS DIVISION WHEREAS, the State of Missouri is committed to enhancing the economic health and prosperity of Minority and Women Business Enterprises (M/WBEs) through the use of M/WBE contract benchmarks established in state contracts for supplies, services, and construction that are consistent with §§37.020 — 37.023, RSMo, and the findings of the most current disparity study; and WHEREAS, upon funding being appropriated by the General Assembly in 2013, the Office of Administration (OA) commissioned a Disparity Study which was completed on October 24, 2014, that studied the utilization of M/WBEs in state contracts and the availability of M/WBEs in the applicable marketplace; and WHEREAS, Executive Order 14-07 established the Disparity Study Oversight Review Committee to review the findings of the 2014 Disparity Study and to produce meaningful recommendations to assist the State of Missouri in developing a contracting process that is inclusive, promotes diversity, and provides greater opportunity for M/WBEs; and WHEREAS, after conducting a thorough review and analysis of the findings of the 2014 Disparity Study, the Disparity Study Oversight Review Committee submitted its report to the Governor on January 27, 2015; and WHEREAS, the Disparity Study Oversight Review Committee's report sets forth recommendations to help eliminate the lingering effects of discrimination to ensure a level playing -field for all Missouri business owners; and WHEREAS, on September 14, 2015, the Ferguson Commission, created pursuant to Executive Order 14-15, released its final report which called for Missouri to implement a statewide M/WBE program "with outcomes measures that incorporate capacity building, mentoring, and education with respect to the state and local procurement system;" and WHEREAS, the State of Missouri is dedicated to the compelling governmental interest of remedying race and sex based discrimination in a manner consistent with state and federal law. NOW, THEREFORE, I, JEREMIAH W. (JAY) NIXON, GOVERNOR OF THE STATE OF MISSOURI, in recognition of the obligations of the State of Missouri and by virtue of the authority vested in me by the Constitution and the Laws of the State of Missouri, do hereby state that the following narrowly tailored policies and procedures shall be adopted by the Executive Branch of state government in procuring goods and services: 1. All state agencies shall make every feasible effort to increase the percentage of goods and services procured from certified M/WBEs in order to achieve the annual goals of 10% MBEs and 10% WBEs of all annual Executive Branch procurement funds. These efforts shall include participation in an Executive Branch Contract Compliance Council which shall, in cooperation with the Office of Administration, Office of Equal Opportunity (OEO), review procurement efforts to assist in meeting the requirements of this Executive Order. 2. Both the Division of Purchasing and Facilities Management, Design and Construction (FMDC) within the Office of Administration shall be authorized to implement the following program to increase M/WBE procurements: a. Division of Purchasing and FMDC shall encourage prime contractors to subcontract with M/WBEs on state contracts. Division of Purchasing and FMDC contracts are permitted to include a provision setting forth participation of M/WBEs as prime contractors or subcontractors who perform a commercially useful function. M/WBE participation requirements shall be determined by the Division of Purchasing and FMDC, in consultation with OEO and the user agency, by evaluating the availability of M/WBE vendors in the applicable commodity/service and geographical area as determined by the most recent disparity study and other applicable factors. Division of Purchasing and FMDC shall use individual contract percentages to help meet the state's annual program goals. The M/WBE participation will be evaluated for responsiveness along with other criteria in the award of a bid. The participation can be met through the use of prime contractors, subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful opportunities for M/WBE participation. b. Division of Purchasing and FMDC shall revise their policies and regulations to further implement this program which shall include a waiver provision for prime contractors who make a good faith effort to take all necessary and reasonable steps to attain such percentages but are otherwise unable to achieve them. Division of Purchasing and FMDC shall also establish enforcement procedures, in cooperation with OEO and the Contract Oversight Office within the Office of Administration, which shall include consequences for failure to meet percentage commitments unless a good faith waiver is obtained from the Division of Purchasing or FMDC, respectively. c. Division of Purchasing and FMDC are authorized and directed to identify and consult with such other certifying entities as recommended by OEO in order to facilitate M/WBEs to participate in state procurements. 3. The Office of Administration shall also be authorized to: a. Conduct a comprehensive review of OEO and determine the need for increased funding and personnel to enable OEO to carry out the work it has been assigned. b. Evaluate the state's current M/WBE eligibility standards and determine what revisions, if any, should be considered to applicable statutes and regulations. This includes an evaluation of whether M/WBE eligibility should be capped based upon a firm's gross income and/or personal net worth. The Office of Administration should refer to the Disparity Study and the Committee's report as a reference regarding potential revisions to the program's eligibility standards. c. Research existing bonding and financing programs for small vendors that enhance access to bonding and working capital in order to reduce barriers to business development and success, and determine the feasibility of developing such a program within OEO. d. Evaluate the existing experience and surety bonding requirements and determine what adjustments, if any, should be considered to facilitate increased M/WBE participation. e. Evaluate the possibility of lengthening solicitation periods for vendors, whenever possible, in an effort to increase M/WBE participation. f. Research the feasibility and consider establishing a Mentor -Protege Program within OEO, whereby a larger firm provides instruction and training to an emerging firm to increase the protege's skills, capacities, and business areas. g. Educate and advise state agencies on implementing internal procedures that ensure compliance with §8.690 RSMo. h. Implement an electronic contracting system that provides access to state contracting information and collects measureable data to document the achievement of M/WBE goals. 4. OEO shall work with the Division of Purchasing and FMDC in the implementation of this Executive Order, and shall have the following responsibilities: a. Actively recruit, certify, and serve as a clearinghouse for M/WBEs to participate in the program. b. Partner with agencies and organizations that conduct similar services that can provide technical assistance and supportive services. c. Cooperate with the Division of Purchasing, FMDC, and the Contract Oversight Office in the administration and enforcement of the M/WBE participation program and contract requirements. d. Cooperate with the Division of Purchasing and FMDC in the development of policies, forms, and procedures to carry out the requirements of the M/WBE participation program. e. Provide guidance to the Division of Purchasing and FMDC in the setting of M/WBE individual contract percentages. f. Review and record the effectiveness of the state agencies' participation in the program in light of the availability and utilization of eligible M/WBEs on individual contracts, and make recommendations to the agencies for improvement and enforcement of the program. g. Provide outreach to M/WBEs to educate firms about the program, the state's procurement process, and business elements such as obtaining bonding, lines of credit, or other related services. Outreach efforts shall also serve to foster enhanced working relationships between M/WBEs and prime contractors. h. Recommend sanctions for contractors who fail to faithfully execute M/WBE participation requirements during the course of contract performance. 5. OEO shall review the program annually to monitor the level of M/WBE participation achieved in state contracting areas during the previous fiscal year. An assessment of the program and whether the continuation is necessary shall be prepared by OEO and delivered to the Governor and the General Assembly by March after the completion of the fiscal year. After it is determined by OEO that M/WBEs participate in state contracts at a level commensurate with their presence and capability in the state marketplace, then the program set forth in this Executive Order shall be terminated. If the program is still deemed to be necessary on March 1, 2019, a new Disparity Study should be conducted and a new Disparity Study Oversight Review Committee should be appointed to review the results of that study. 6. This Order shall take effect immediately and supersedes Executive Order 05-30. ATTEST: IN WITNESS WHEREOF, I have hereunto set my hand and cause to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 21st day of October, 2015. eremiah . . y) Nixon overnor Jason Kander Secretary of State Q \O MISSOURI DEPARTMENT OF NATURAL RESOURCES DIVISION OF ENVIRONMENTAL QUALITY FINANCIAL ASSISTANCE CENTER Certification Regarding Debarment and Suspension Applicant Name: Project Name: Project No.: SAM.gov UEI No.: The prospective participant certifies to the best of its knowledge and belief that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any governmental (federal, state, or local) entity; b) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for: 1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; 2) Violation of federal or state antitrust statutes relating to the submission of offers; or 3) Commission of embezzlement, theft, forgery, bribery, falsification ordestruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with, commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not, within a three-year period preceding this certification, had one or more public transactions (federal, state, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. n I am able to certify to the above statements. ❑ I am unable to certify to the above statements and attached my explanation. Typed Name of Authorized Representative Title of Authorized Representative Signature of Authorized Representative Date Last Revised March 25, 2022 Q MISSOURI DEPARTMENT OF NATURAL RESOURCES DIVISION OF ENVIRONMENTAL QUALITY FINANCIAL ASSISTANCE CENTER Certification Regarding Debarment and Suspension Instructions The Missouri Department of Natural Resources receives assistance from the federal government, and the funds provided to a community constitute a sub -agreement. Accordingly, each prospective recipient of a grant, loan, or cooperative agreement and any contractor or subcontractor must agree to fully comply with Executive Order 12549, 2 C.F.R. Part 180, and 2 C.F.R. Part 1532 regarding Debarment and Suspension. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within an entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). The prospective grant, loan, or cooperative agreement recipient should return the signed certification, and explanation if needed, with its application to: Missouri Department of Natural Resources Financial Assistance Center PO Box 176 Jefferson City, MO 65102-0176 Or email to fac@dnr.mo.gov. The recipient of funding should also obtain a certification from their consulting engineer and prime contractor. The funding recipient shall also check the status on the System for Award Management (SAM) located on the Internet at https://www.sam.gov/portal/public/SAM/. Each prospective subcontractor should submit a completed certification or explanation to the prime contractor for the project. Last Revised March 25, 2022 U.S. ENVIRONMENTAL PROTECTION AGENCY WATER QUALITY OFFICE CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related sub -contracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Signature Date Name and Title of Signer (Print or Type) Firm Name NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Attachment 6 EXHIBIT BUSINESS ENTITY CERTIFICATION, ENROLLMENT DOCUMENTATION. AND AFFIDAVIT OF WORK AUTHORIZATION BUSINESS ENTITY CERTIFICATION: The bidder/contractor must certify their current business status by completing either Box A or Box B or Box C on this Exhibit. BOX A: BOX B: BOX C: To be completed by a non -business entity as defined below. To be completed by a business entity who has not yet completed and submitted documentation pertaining to the federal work authorization program as described at http://www.dhs.gov/files/programs/gc 1185221678150.shtm. To be completed by a business entity who has current work authorization documentation on file with a Missouri state agency including Division of Purchasing and Materials Management. Business entity, as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, is any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. The term "business entity" shall include but not be limited to self-employed individuals, partnerships, corporations, contractors, and subcontractors. The term "business entity" shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from obtaining such a business permit, and any business entity that is operating unlawfully without such a business permit. The term "business entity" shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. Note: Regarding governmental entities, business entity includes Missouri schools, Missouri universities (other than stated in Box C), out of state agencies, out of state schools, out of state universities, and political subdivisions. A business entity does not include Missouri state agencies and federal government entities. BOX A — CURRENTLY NOT A BUSINESS ENTITY I certify that (Company/Individual Name) DOES NOT CURRENTLY MEET the definition of a business entity, as defined in section 285.525, RSMo pertaining to section 285.530, RSMo as stated above, because: (check the applicable business status that applies below) 0 I am a self-employed individual with no employees; OR O The company that I represent employs the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. I certify that I am not an alien unlawfully present in the United States and if (Company/Individual Name) is awarded a contract for the services requested herein under (Bid/SFS/Contract Number) and if the business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then, prior to the performance of any services as a business entity, (Company/Individual Name) agrees to complete Box B, comply with the requirements stated in Box B and provide the (insert agency name) with all documentation required in Box B of this exhibit. Authorized Representative's Name (Please Print) Authorized Representative's Signature Company Name (if applicable) Date Attachment 6 EXHIBIT , continued (Complete the following if you DO NOT have the E -Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box B, do not complete Box C.) BOX B — CURRENT BUSINESS ENTITY STATU. I certify that (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530. Authorized Business Entity Representative's Authorized Business Entity Name (Please Print) Representative's Signature Business Entity Name Date E -Mail Address As a business entity, the bidder/contractor must perform/provide each of the following. The bidder/contractor should check each to verify completion/submission of all of the following: O Enroll and participate in the E -Verify federal work authorization program (Website: http://www.uscis.gov/e-verify; Phone: 888-464-4218; Email: e- verify@dhs.gov) with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND O Provide documentation affirming said company's/individual's enrollment and participation in the E - Verify federal work authorization program. Documentation shall include EITHER the E -Verify Employment Eligibility Verification page listing the bidder's/contractor's name and company ID OR a page from the E -Verify Memorandum of Understanding (MOU) listing the bidder's/contractor's name and the MOU signature page completed and signed, at minimum, by the bidder/contractor and the Department of Homeland Security — Verification Division. If the signature page of the MOU lists the bidder's/contractor's name and company ID, then no additional pages of the MOU must be submitted; AND O Submit a completed, notarized Affidavit of Work Authorization provided on the next page of this Exhibit. EXHIBIT ,continued AFFIDAVIT OF WORK AUTHORIZATION: The bidder/contractor who meets the section 285.525, RSMo, definition of a business entity must complete and return the following Affidavit of Work Authorization. Attachment 6 Comes now (Name of Business Entity Authorized Representative) as (Position/Title) first being duly sworn on my oath, affirm (Business Entity Name) is enrolled and will continue to participate in the E -Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that (Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided under the contract(s) for the duration of the contract(s), if awarded. In Affirmation thereof the facts stated above are true and correct. (The undersigned understands that false statements made in this filing are subject to the penalties provided under section 575.040, RSMo.) Authorized Representative's Signature Printed Name Title Date E -Mail Address E -Verify Company ID Number Subscribed and sworn to before me this (DAY) of . I am (MONTH, YEAR) commissioned as a notary public within the County of , State of (NAME OF STATE) , and my commission expires on (NAME OF COUNTY) (DATE) Signature of Notary Date EXHIBIT _,continued Attachment 6 (Complete the following if you have the E -Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box C, do not complete Box B.) BOX C — AFFIDAVIT ON FILE - CURRENT BUSINESS ENTITY STATUS I certify that (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, and have enrolled and currently participates in the E -Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri. We have previously provided documentation to a Missouri state agency or public university that affirms enrollment and participation in the E -Verify federal work authorization program. The documentation that was previously provided included the following. ✓ The E -Verify Employment Eligibility Verification page OR a page from the E -Verify Memorandum of Understanding (MOU) listing the bidder's/contractor's name and the MOU signature page completed and signed by the bidder/contractor and the Department of Homeland Security — Verification Division ✓ A current, notarized Affidavit of Work Authorization (must be completed, signed, and notarized within the past twelve months). Name of Missouri State Agency or Public University* to Which Previous E -Verify Documentation Submitted: (*Public University includes the following five schools under chapter 34, RSMo: Harris -Stowe State University — St. Louis; Missouri Southern State University — Joplin; Missouri Western State University — St. Joseph; Northwest Missouri State University — Maryville; Southeast Missouri State University — Cape Girardeau.) Date of Previous E -Verify Documentation Submission: Previous Bid/Contract Number for Which Previous E -Verify Documentation Submitted: (if known) Authorized Business Entity Representative's Authorized Business Entity Name (Please Print) Representative's Signature E -Verify MOU Company ID Number E -Mail Address Business Entity Name Date FOR STATE USE ONLY Documentation Verification Completed By: Buyer Date Domestic Products Procurement Act — RSMo 34.350 — 34.359 Certification Each contract for the purchase or lease of manufactured goods or commodities by any public agency, and each contract made by a public agency for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States. (34.353.1 RSMo) Project Name: Project Number: Contract Name: Please check one of the following and sign where indicated. All of the iron, steel, and manufactured goods used in the project are produced in the United States. A waiver is being requested from the to the domestic (owner) products provision due to the following exception: ❑ The specified products are not manufactured or produced in the United States in sufficient quantities or manufactured or produced in the United States within the necessary time frames in sufficient quantities. ❑ The cost for the specified products would increase the contract by more than 10 percent*; or ❑ Only one line of a product is manufactured or produced in the United States. Documentation of at least one of the cases above must be provided. List below the materials that cannot comply with the Domestic Product Procurement Act provisions. ❑ Additional sheets (attach if necessary) Name of Contracting Firm Signature Date Name and Title of Signer (Please type) *In accordance with the Federal Water Pollution Control Act, Section 608, all iron and steel products used in a State Revolving Fund project should be produced in the United States. This requirement does not apply where the inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Missouri DNR CWSRF (03/31/15) 6EPA United States ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460 OMB Control No. 2030-0020 Approval expires 04/30/2021 EPA Project Control Number CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, 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 undersigned, 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 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 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 sub -contracts, 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. Typed Name & Title of Authorized Representative Signature and Date of Authorized Representative The public reporting and recordkeeping burden for this collection of information is estimated to average 15 minutes per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA Form 6600-06 (Rev. 06/2014) Previous editions are obsolete. Approved by OMB 0348-0046 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 1. Type of Federal Action: a. contract b. grant 2. Status of Federal a. bid/offer/application b. initial Action: award 3. Report Type: a. initial filing b. material change c. cooperative agreement d. loan e. loan guarantee f. loan insurance c. post -award For material change only: Year quarter Date of last report 4. Name and Address of Reporting Entity: Prime Subawardee Known: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: Tier , if Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program CFDA Number, Name/Description: if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. IOa) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Title: Date: Telephone No.: Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 MAR 2 0 2014 MEMORANDUM OFFICE OF WAfER SUBJECT: Implementation of American Iron and Steel provisions of P.L. 113-76, Consolidated Appropriations Act, 2014 FROM: f ( Andrew D. Sawyers, Director C. \) Office of Wastewater Management (4201 Peter C. Grevatt, Director Office of Ground Water and rinking Water (4601M) TO: Water Management Division Directors Regions I- X P.L. 113-76, Consolidated Appropriations Act, 2014 (Act), includes an "American Iron and Steel (AIS)" requirement in section 436 that requires Clean Water State Revolving Loan Fund (CWSRF) and Drinking Water State Revolving Loan Fund (DWSRF) assistance recipients to use iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of a public water system or treatment works if the project is funded through an assistance agreement executed beginning January 17, 2014 (enactment of the Act), through the end • of Federal Fiscal Year 2014. Section 436 also sets forth certain circumstances under which EPA may waive the AIS requirement. Furthermore, the Act specifically exempts projects where engineering plans and specifications were approved by a State agency prior to January 17,2014. The approach described below explains how EPA will implement the AIS requirement. The first section is in the form of questions and answers that address the types of projects that must comply with the AIS requirement, the types of products covered by the AIS requirement, and compliance. The second section is a step-by-step process for requesting waivers and the circumstances under which waivers may be granted. Internet Address (URL) • http.//Wwwepa.gov Recycled/Recyclable -Printed with Vegetalie Oil Based I nks on 100% Postconsumer. Process Chbrine Free Recycled Paper Implementation The Act states: Sec. 436. (a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the "Administrator") finds that — (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out 2 the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. (f) This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of the enactment of this Act. The following questions and answers provide guidance for implementing and complying with the AIS requirements: Project Coverage 1) What classes of projects are covered by the AIS requirement? All treatment works projects funded by a CWSRF assistance agreement, and all public water system projects funded by a DWSRF assistance agreement, from the date of enactment through the end of Federal Fiscal Year 2014, are covered. The AIS requirements apply to the entirety of the project, no matter when construction begins or ends. Additionally, the AIS requirements apply to all parts of the project, no matter the source of funding. 2) Does the AIS requirement apply to nonpoint source projects or national estuary projects? No. Congress did not include an AIS requirement for nonpoint source and national estuary projects unless the project can also be classified as a `treatment works' as defined by section 212 of the Clean Water Act. 3) Are any projects for the construction, alteration, maintenance, or repair of a public water system or treatment works excluded from the AIS requirement? Any project, whether a treatment works project or a public water system project, for which engineering plans and specifications were approved by the responsible state agency prior to January 17, 2014, is excluded from the AIS requirements. 4) What if the project does not have approved engineering plans and specifications but has signed an assistance agreement with a CWSRF or DWSRF program prior to January 17, 2014? The AIS requirements do not apply to any project for which an assistance agreement was signed prior to January 17, 2014. 3 5) What if the project does not have approved engineering plans and specifications, but bids were advertised prior to January 17, 2014 and an assistance agreement was signed after January 17, 2014? If the project does not require approved engineering plans and specifications, the bid advertisement date will count in lieu of the approval date for purposes of the exemption in section 436(f). 6) What if the assistance agreement that was signed prior to January 17, 2014, only funded a part of the overall project, where the remainder of the project will be funded later with another SRF loan? If the original assistance agreement funded any construction of the project, the date of the original assistance agreement counts for purposes of the exemption. If the original assistance agreement was only for planning and design, the date of that assistance agreement will count for purposes of the exemption only if there is a written commitment or expectation on the part of the assistance recipient to fund the remainder of the project with SRF funds. 7) What if the assistance agreement that was signed prior to January 17, 2014, funded the first phase of a multi -phase project, where the remaining phases will be funded by SRF assistance in the future? In such a case, the phases of the project will be considered a single project if all construction necessary to complete the building or work, regardless of the number of contracts or assistance agreements involved, are closely related in purpose, time and place. However, there are many situations in which major construction activities are clearly undertaken in phases that are distinct in purpose, time, or place. In the case of distinct phases, projects with engineering plans and specifications approval or assistance agreements signed prior to January 17, 2014 would be excluded from AIS requirements while those approved/signed on January 17, 2014, or later would be covered by the AIS requirements. 8) What if a project has split funding from a non-SRF source? Many States intend to fund projects with "split" funding, from the SRF program and from State or other programs. Based on the Act language in section 436, which requires that American iron and steel products be used in any project for the construction, alteration, maintenance, or repair of a public water system or treatment works receiving SRF funding between and including January 17, 2014 and September 30, 2014, any project that is funded in whole or in part with such funds must comply with the AIS requirement. A "project" consists of all construction necessary to complete the building or work regardless of the number of contracts or assistance agreements involved so long as all contracts and assistance agreements awarded are closely related in purpose, time and place. This precludes the intentional splitting of SRF projects into separate and smaller contracts or assistance agreements to avoid AIS coverage on some portion of a larger 4 project, particularly where the activities are integrally and proximately related to the whole. However, there are many situations in which major construction activities are clearly undertaken in separate phases that are distinct in purpose, time, or place, in which case, separate contracts or assistance agreement for SRF and State or other funding would carry separate requirements. 9) What about refinancing? If a project began construction, financed from a non-SRF source, prior to January 17, 2014, but is refinanced through an SRF assistance agreement executed on or after January 17, 2014 and prior to October 1, 2014, AIS requirements will apply to all construction that occurs on or after January 17, 2014, through completion of construction, unless, as is likely, engineering plans and specifications were approved by a responsible state agency prior to January 17, 2014. There is no retroactive application of the AIS requirements where a refinancing occurs for a project that has completed construction prior to January 17, 2014. 10) Do the AIS requirements apply to any other EPA programs, besides the SRF program, such as the Tribal Set -aside grants or grants to the Territories and DC? No, the AIS requirement only applies to funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) Covered Iron and Steel Products 11) What is an iron or steel product? For purposes of the CWSRF and DWSRF projects that must comply with the AIS requirement, an iron or steel product is one of the following made primarily of iron or steel that is permanently incorporated into the public water system or treatment works: Lined or unlined pipes or fittings; Manhole Covers; Municipal Castings (defined in more detail below); Hydrants; Tanks; Flanges; Pipe clamps and restraints; Valves; Structural steel (defined in more detail below); Reinforced precast concrete; and Construction materials (defined in more detail below). 5 12) What does the term `primarily iron or steel' mean? `Primarily iron or steel' places constraints on the list of products above. For one of the listed products to be considered subject to the AIS requirements, it must be made of greater than 50% iron or steel, measured by cost. The cost should be based on the material costs. 13) Can you provide an example of how to perform a cost determination? For example, the iron portion of a fire hydrant would likely be the bonnet, body and shoe, and the cost then would include the pouring and casting to create those components. The other material costs would include non -iron and steel internal workings of the fire hydrant (i.e., stem, coupling, valve, seals, etc). However, the assembly of the internal workings into the hydrant body would not be included in this cost calculation. If one of the listed products is not made primarily of iron or steel, United States (US) provenance is not required. An exception to this definition is reinforced precast concrete, which is addressed in a later question. 14) If a product is composed of more than 50% iron or steel, but is not listed in the above list of items, must the item be produced in the US? Alternatively, must the iron or steel in such a product be produced in the US? The answer to both question is no. Only items on the above list must be produced in the US. Additionally, the iron or steel in a non -listed item can be sourced from outside the US. 15) What is the definition of steel? Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. Metallic elements such as chromium, nickel, molybdenum, manganese, and silicon may be added during the melting of steel for the purpose of enhancing properties such as corrosion resistance, hardness, or strength. The definition of steel covers carbon steel, alloy steel, stainless steel, tool steel and other specialty steels. 16) What does `produced in the United States' mean? Production in the United States of the iron or steel products used in the project requires that all manufacturing processes, including application of coatings, must take place in the United States, with the exception of metallurgical processes involving refinement of steel additives. All manufacturing processes includes processes such as melting, refining, forming, rolling, drawing, finishing, fabricating and coating. Further, if a domestic iron and steel product is taken out of the US for any part of the manufacturing process, it becomes foreign source material. However, raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS requirement, and the 6 material(s), if any, being applied as a coating are similarly not covered. Non -iron or steel components of an iron and steel product may come from non -US sources. For example, for products such as valves and hydrants, the individual non -iron and steel components do not have to be of domestic origin. 17) Are the raw materials used in the production of iron or steel required to come from US sources? No. Raw materials, such as iron ore, limestone, scrap iron, and scrap steel, can come from non -US sources. 18) If an above listed item is primarily made of iron or steel, but is only at the construction site temporarily, must such an item be produced in the US? No. Only the above listed products made primarily of iron or steel, permanently incorporated into the project must be produced in the US. For example trench boxes, scaffolding or equipment, which are removed from the project site upon completion of the project, are not required to be made of U.S. Iron or Steel. 19) What is the definition of `municipal castings'? Municipal castings are cast iron or steel infrastructure products that are melted and cast. They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and surface infrastructure. They are typically made of grey or ductile iron, or steel. Examples of municipal castings are: Access Hatches; Ballast Screen; Benches (Iron or Steel); Bollards; Cast Bases; Cast Iron Hinged Hatches, Square and Rectangular; Cast Iron Riser Rings; Catch Basin Inlet; Cleanout/Monument Boxes; Construction Covers and Frames; Curb and Corner Guards; Curb Openings; Detectable Warning Plates; Downspout Shoes (Boot, Inlet); Drainage Grates, Frames and Curb Inlets; Inlets; Junction Boxes; Lampposts; Manhole Covers, Rings and Frames, Risers; 7 Meter Boxes; Service Boxes; Steel Hinged Hatches, Square and Rectangular; Steel Riser Rings; Trash receptacles; Tree Grates; Tree Guards; Trench Grates; and Valve Boxes, Covers and Risers. 20) What is `structural steel'? Structural steel is rolled flanged shapes, having at least one dimension of their cross-section three inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock, and for numerous other constructional purposes. Such shapes are designated as wide -flange shapes, standard I -beams, channels, angles, tees and zees. Other shapes include H -piles, sheet piling, tie plates, cross ties, and those for other special purposes. 21) What is a `construction material' for purposes of the AIS requirement? Construction materials are those articles, materials, or supplies made primarily of iron and steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered "structural steel". This includes, but is not limited to, the following products: wire rod, bar, angles, concrete reinforcing bar, wire, wire cloth, wire rope and cables, tubing, framing, joists, trusses, fasteners (i.e., nuts and bolts), welding rods, decking, grating, railings, stairs, access ramps, fire escapes, ladders, wall panels, dome structures, roofing, ductwork, surface drains, cable hanging systems, manhole steps, fencing and fence tubing, guardrails, doors, and stationary screens. 22) What is not considered a `construction material' for purposes of the AIS requirement? Mechanical and electrical components, equipment and systems are not considered construction materials. Mechanical equipment is typically that which has motorized parts and/or is powered by a motor. Electrical equipment is typically any machine powered by electricity and includes components that are part of the electrical distribution system. The following examples (including their appurtenances necessary for their intended use and operation) are NOT considered construction materials: pumps, motors, gear reducers, drives (including variable frequency drives (VFDs)), electric/pneumatic/manual accessories used to operate valves (such as electric valve actuators), mixers, gates, motorized screens (such as traveling screens), blowers/aeration equipment, compressors, meters, sensors, controls and switches, supervisory control and 8 data acquisition (SCADA), membrane bioreactor systems, membrane filtration systems, filters, clarifiers and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt presses), conveyors, cranes, HVAC (excluding ductwork), water heaters, heat exchangers, generators, cabinetry and housings (such as electrical boxes/enclosures), lighting fixtures, electrical conduit, emergency life systems, metal office furniture, shelving, laboratory equipment, analytical instrumentation, and dewatering equipment. 23) If the iron or steel is produced in the US, may other steps in the manufacturing process take place outside of the US, such as assembly? No. Production in the US of the iron or steel used in a listed product requires that all manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives. 24) What processes must occur in the US to be compliant with the AIS requirement for reinforced precast concrete? While reinforced precast concrete may not be at least 50% iron or steel, in this particular case, the reinforcing bar and wire must be produced in the US and meet the same standards as for any other iron or steel product. Additionally, the casting of the concrete product must take place in the US. The cement and other raw materials used in concrete production are not required to be of domestic origin. If the reinforced concrete is cast at the construction site, the reinforcing bar and wire are considered to be a construction material and must be produced in the US. Compliance 25) How should an assistance recipient document compliance with the AIS requirement? In order to ensure compliance with the AIS requirement, specific AIS contract language must be included in each contract, starting with the assistance agreement, all the way down to the purchase agreements. Sample language for assistance agreements and contracts can be found in Appendix 3 and 4. EPA recommends the use of a step certification process, similar to one used by the Federal Highway Administration. The step certification process is a method to ensure that producers adhere to the AIS requirement and assistance recipients can verify that products comply with the AIS requirement. The process also establishes accountability and better enables States to take enforcement actions against violators. Step certification creates a paper trail which documents the location of the manufacturing process involved with the production of steel and iron materials. A step certification is a process under which each handler (supplier, fabricator, manufacturer, 9 processor, etc) of the iron and steel products certifies that their step in the process was domestically performed. Each time a step in the manufacturing process takes place, the manufacturer delivers its work along with a certification of its origin. A certification can be quite simple. Typically, it includes the name of the manufacturer, the location of the manufacturing facility where the product or process took place (not its headquarters), a description of the product or item being delivered, and a signature by a manufacturer's responsible party. Attached, as Appendix 5, are sample certifications. These certifications should be collected and maintained by assistance recipients. Alternatively, the final manufacturer that delivers the iron or steel product to the worksite, vendor, or contractor, may provide a certification asserting that all manufacturing processes occurred in the US. While this type of certification may be acceptable, it may not provide the same degree of assurance. Additional documentation may be needed if the certification is lacking important information. Step certification is the best practice. 26) How should a State ensure assistance recipients are complying with the AIS requirement? In order to ensure compliance with the AIS requirement, States SRF programs must include specific AIS contract language in the assistance agreement. Sample language for assistance agreements can be found in Appendix 3. States should also, as a best practice, conduct site visits of projects during construction and review documentation demonstrating proof of compliance which the assistance recipient has gathered. 27) What happens if a State or EPA finds a non -compliant iron and/or steel product permanently incorporated in the project? If a potentially non -compliant product is identified, the State should notify the assistance recipient of the apparent unauthorized use of the non -domestic component, including a proposed corrective action, and should be given the opportunity to reply. If unauthorized use is confirmed, the State can take one or more of the following actions: request a waiver where appropriate; require the removal of the non -domestic item; or withhold payment for all or part of the project. Only EPA can issue waivers to authorize the use of a non -domestic item. EPA may use remedies available to it under the Clean Water Act, the Safe Drinking Water Act, and 40 CFR part 31 grant regulations, in the event of a violation of a grant term and condition. It is recommended that the State work collaboratively with EPA to determine the appropriate corrective action, especially in cases where the State is the one who identifies the item in noncompliance or there is a disagreement with the assistance recipient. If fraud, waste, abuse, or any violation of the law is suspected, the Office of Inspector General (OIG) should be contacted immediately. The OIG can be reached at 1- 10 888-546-8740 or OIG_Hotline@epa.gov. More information can be found at this website: http://www.epa.gov/oig/hotline.htm. 28) How do international trade agreements affect the implementation of the AIS requirements? The AIS provision applies in a manner consistent with United States obligations under international agreements. Typically, these obligations only apply to direct procurement by the entities that are signatories to such agreements. In general, SRF assistance recipients are not signatories to such agreements, so these agreements have no impact on this AIS provision. In the few instances where such an agreement applies to a municipality, that municipality is under the obligation to determine its applicability and requirements and document the actions taken to comply for the State. Waiver Process The statute permits EPA to issue waivers for a case or category of cases where EPA finds (1) that applying these requirements would be inconsistent with the public interest; (2) iron and steel products are not produced in the US in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the US will increase the cost of the overall project by more than 25 percent. In order to implement the AIS requirements, EPA has developed an approach to allow for effective and efficient implementation of the waiver process to allow projects to proceed in a timely manner. The framework described below will allow States, on behalf of the assistance recipients, to apply for waivers of the AIS requirement directly to EPA Headquarters. Only waiver requests received from states will be considered. Pursuant to the Act, EPA has the responsibility to make findings as to the issuance of waivers to the AIS requirements. Definitions The following terms are critical to the interpretation and implementation of the AIS requirements and apply to the process described in this memorandum: Reasonably Available Quantity: The quantity of iron or steel products is available or will be available at the time needed and place needed, and in the proper form or specification as specified in the project plans and design. Satisfactory Quality: The quality of iron or steel products, as specified in the project plans and designs. Assistance Recipient: A borrower or grantee that receives funding from a State CWSRF or DWSRF program. 11 Step -By -Step Waiver Process Application by Assistance Recipient Each local entity that receives SRF water infrastructure financial assistance is required by section 436 of the Act to use American made iron and steel products in the construction of its project. However, the recipient may request a waiver. Until a waiver is granted by EPA, the AIS requirement stands, except as noted above with respect to municipalities covered by international agreements. The waiver process begins with the SRF assistance recipient. In order to fulfill the AIS requirement, the assistance recipient must in good faith design the project (where applicable) and solicit bids for construction with American made iron and steel products. It is essential that the assistance recipient include the AIS terms in any request for proposals or solicitations for bids, and in all contracts (see Appendix 3 for sample construction contract language). The assistance recipient may receive a waiver at any point before, during, or after the bid process, if one or more of three conditions is met: 1. Applying the American Iron and Steel requirements of the Act would be inconsistent with the public interest; 2. Iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or 3. Inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Proper and sufficient documentation must be provided by the assistance recipient. A checklist detailing the types of information required for a waiver to be processed is attached as Appendix 1. Additionally, it is strongly encouraged that assistance recipients hold pre -bid conferences with potential bidders. A pre -bid conference can help to identify iron and steel products needed to complete the project as described in the plans and specifications that may not be available from domestic sources. It may also identify the need to seek a waiver prior to bid, and can help inform the recipient on compliance options. In order to apply for a project waiver, the assistance recipient should email the request in the form of a Word document (.doc) to the State SRF program. It is strongly recommended that the State designate a single person for all AIS communications. The State SRF designee will review the application for the waiver and determine whether the necessary information has been included. Once the waiver application is complete, the State designee will forward the application to either of two email addresses. For CWSRF waiver requests, please send the application to: cwsrfwaiver@epa.gov. For DWSRF waiver requests, please send the application to: dwsrfwaiver@epa.gov. 12 Evaluation by EPA After receiving an application for waiver of the AIS requirements, EPA Headquarters will publish the request on its website for 15 days and receive informal comment. EPA Headquarters will then use the checklist in Appendix 2 to determine whether the application properly and adequately documents and justifies the statutory basis cited for the waiver — that it is quantitatively and qualitatively sufficient — and to determine whether or not to grant the waiver. In the event that EPA finds that adequate documentation and justification has been submitted, the Administrator may grant a waiver to the assistance recipient. EPA will notify the State designee that a waiver request has been approved or denied as soon as such a decision has been made. Granting such a waiver is a three -step process: 1. Posting — After receiving an application for a waiver, EPA is required to publish the application and all material submitted with the application on EPA's website for 15 days. During that period, the public will have the opportunity to review the request and provide informal comment to EPA. The website can be found at: https://water.epa.gov/grants funding/aisrequirement.cfm 2. Evaluation — After receiving an application for waiver of the AIS requirements, EPA Headquarters will use the checklist in Appendix 2 to determine whether the application properly and adequately documents and justifies the statutory basis cited for the waiver — that it is quantitatively and qualitatively sufficient — and to determine whether or not to grant the waiver. 3. Signature of waiver approval by the Administrator or another agency official with delegated authority — As soon as the waiver is signed and dated, EPA will notify the State SRF program, and post the signed waiver on our website. The assistance recipient should keep a copy of the signed waiver in its project files. Public Interest Waivers EPA has the authority to issue public interest waivers. Evaluation of a public interest waiver request may be more complicated than that of other waiver requests so they may take more time than other waiver requests for a decision to be made. An example of a public interest waiver that might be issued could be for a community that has standardized on a particular type or manufacturer of a valve because of its performance to meet their specifications. Switching to an alternative valve may require staff to be trained on the new equipment and additional spare parts would need to be purchased and stocked, existing valves may need to be unnecessarily replaced, and portions of the system may need to be redesigned. Therefore, requiring the community to install an alternative valve would be inconsistent with public interest. EPA also has the authority to issue a public interest waiver that covers categories of products that might apply to all projects. 13 EPA reserves the right to issue national waivers that may apply to particular classes of assistance recipients, particular classes of projects, or particular categories of iron or steel products. EPA may develop national or (US geographic) regional categorical waivers through the identification of similar circumstances in the detailed justifications presented to EPA in a waiver request or requests. EPA may issue a national waiver based on policy decisions regarding the public's interest or a determination that a particular item is not produced domestically in reasonably available quantities or of a sufficient quality. In such cases, EPA may determine it is necessary to issue a national waiver. If you have any questions concerning the contents of this memorandum, you may contact us, or have your staff contact Jordan Dorfman, Attorney -Advisor, State Revolving Fund Branch, Municipal Support Division, at dorfman.jordan@epa.gov or (202) 564-0614 or Kiri Anderer, Environmental Engineer, Infrastructure Branch, Drinking Water Protection Division, at anderer.kirsten@epa.gov or (202) 564-3134. Attachments 14 Appendix 1: Information Checklist for Waiver Request The purpose of this checklist is to help ensure that all appropriate and necessary information is submitted to EPA. EPA recommends that States review this checklist carefully and provide all appropriate information to EPA. This checklist is for informational purposes only and does not need to be included as part of a waiver application. Items ✓ Notes General • Waiver request includes the following information: — Description of the foreign and domestic construction materials — Unit of measure — Quantity — Price — Time of delivery or availability — Location of the construction project — Name and address of the proposed supplier — A detailed justification for the use of foreign construction materials • Waiver request was submitted according to the instructions in the memorandum • Assistance recipient made a good faith effort to solicit bids for domestic iron and steel products, as demonstrated by language in requests for proposals, contracts, and communications with the prime contractor Cost Waiver Requests • Waiver request includes the following information: — Comparison of overall cost of project with domestic iron and steel products to overall cost of project with foreign iron and steel products — Relevant excerpts from the bid documents used by the contractors to complete the comparison — Supporting documentation indicating that the contractor made a reasonable survey of the market, such as a description of the process for identifying suppliers and a list of contacted suppliers Availability Waiver Requests • Waiver request includes the following supporting documentation necessary to demonstrate the availability, quantity, and/or quality of the materials for which the waiver is requested: — Supplier information or pricing information from a reasonable number of domestic suppliers indicating availability/delivery date for construction materials — Documentation of the assistance recipient's efforts to find available domestic sources, such as a description of the process for identifying suppliers and a list of contacted suppliers. — Proj ect schedule — Relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of construction materials • Waiver request includes a statement from the prime contractor and/or supplier confirming the non -availability of the domestic construction materials for which the waiver is sought • Has the State received other waiver requests for the materials described in this waiver request, for comparable projects? Appendix 2: HQ Review Checklist for Waiver Request Instructions: To be completed by EPA. Review all waiver requests using the questions in the checklist, and mark the appropriate box as Yes, No or N/A. Marks that fall inside the shaded boxes may be grounds for denying the waiver. If none of your review markings fall into a shaded box, the waiver is eligible for approval if it indicates that one or more of the following conditions applies to the domestic product for which the waiver is sought: 1. The iron and/or steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. 2. The inclusion of iron and/or steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Review Items Yes No N/A Comments Cost Waiver Requests • Does the waiver request include the following information? — Comparison of overall cost of project with domestic iron and steel products to overall cost of project with foreign iron and steel products — Relevant excerpts from the bid documents used by the contractors to complete the comparison — A sufficient number of bid documents or pricing information from domestic sources to constitute a reasonable survey of the market • Does the Total Domestic Project exceed the Total Foreign Project Cost by more than 25%? no Availability Waiver Requests • Does the waiver request include supporting documentation sufficient to show the availability, quantity, and/or quality of the iron and/or steel product for which the waiver is requested? — Supplier information or other documentation indicating availability/delivery date for materials — Project schedule — Relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of materials • Does supporting documentation provide sufficient evidence that the contractors made a reasonable effort to locate domestic suppliers of materials, such as a description of the process for identifying suppliers and a list of contacted suppliers? • Based on the materials delivery/availability date indicated in the supporting documentation, will the materials be unavailable when they are needed according to the project schedule? (By item, list schedule date and domestic delivery quote date or other relevant information) • Is EPA aware of any other evidence indicating the non -availability of the materials for which the waiver is requested? Examples include: — Multiple waiver requests for the materials described in this waiver request, for comparable projects in the same State — Multiple waiver requests for the materials described in this waiver request, for comparable projects in other States — Correspondence with construction trade associations indicating the non -availability of the materials • Are the available domestic materials indicated in the bid documents of inadequate quality compared those required by the project plans, specifications, and/or permits? 16 Appendix 3: Example Loan Agreement Language ALL ASSISTANCE AGREEMENT MUST HAVE A CLAUSE REQUIRING COMPLIANCE WITH THE AIS REQUIREMENT. THIS IS AN EXAMPLE OF WHAT COULD BE INCLUDED IN SRF ASSISTANCE AGREEMENTS. EPA MAKES NO CLAIMS REGARDING THE LEGALITY OF THIS CLAUSE WITH RESPECT TO STATE LAW: Comply with all federal requirements applicable to the Loan (including those imposed by the 2014 Appropriations Act and related SRF Policy Guidelines) which the Participant understands includes, among other, requirements that all of the iron and steel products used in the Project are to be produced in the United States ("American Iron and Steel Requirement") unless (i) the Participant has requested and obtained a waiver from the Agency pertaining to the Project or (ii) the Finance Authority has otherwise advised the Participant in writing that the American Iron and Steel Requirement is not applicable to the Project. Comply with all record keeping and reporting requirements under the Clean Water Act/Safe Drinking Water Act, including any reports required by a Federal agency or the Finance Authority such as performance indicators of program deliverables, information on costs and project progress. The Participant understands that (i) each contract and subcontract related to the Project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the Clean Water Act/Safe Drinking Water Act and this Agreement may be a default hereunder that results in a repayment of the Loan in advance of the maturity of the Bonds and/or other remedial actions. Appendix 4: Sample Construction Contract Language ALL CONTRACTS MUST HAVE A CLAUSE REQUIRING COMPLIANCE WITH THE AIS REQUIREMENT. THIS IS AN EXAMPLE OF WHAT COULD BE INCLUDED IN ALL CONTRACTS IN PROJECTS THAT USE SRF FUNDS. EPA MAKES NO CLAIMS REGARDING THE LEGALITY OF THIS CLAUSE WITH RESPECT TO STATE OR LOCAL LAW: The Contractor acknowledges to and for the benefit of the City of ("Purchaser") and the (the "State") that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States ("American Iron and Steel Requirement") including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. 18 Appendix 5: Sample Certifications The following information is provided as a sample letter of step certification for AIS compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: American Iron and Steel Step Certification for Project (X)X0XXXXX0X() I, (company representative), certify that the (melting, bending, coating, galvanizing, cutting, etc.) process for (manufacturing or fabricating) the following products and/or materials shipped or provided for the subject project is in full compliance with the American Iron and Steel requirement as mandated in EPA's State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx Such process took place at the following location: If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative 19 The following information is provided as a sample letter of certification for AIS compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: American Iron and Steel Certification for Project (XXXX)X0X(XX) I, (company representative), certify that the following products and/or materials shipped/provided to the subject project are in full compliance with the American Iron and Steel requirement as mandated in EPA's State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx Such process took place at the following location: If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative 20 4� PRO UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF WATER DECISION MEMORANDUM SUBJECT: De Minimis Waiver of Section 436 of P.L. 113-76, Consolidated Appropriations Act (CAA), 2014 FROM: Nancy K. Stoner Acting Assistant Administrator The EPA is hereby granting a nationwide waiver pursuant to the "American Iron and Steel (AIS)" requirements of P.L. 113-76, Consolidated Appropriations Act, 2014 (Act), section 436 under the authority of Section 436(b)(1) (public interest waiver) for de minimis incidental components of eligible water infrastructure projects. This action permits the use of products when they occur in de minimis incidental components of such projects funded by the Act that may otherwise be prohibited under section 436(a). Funds used for such de minimis incidental components cumulatively may comprise no more than a total of 5 percent of the total cost of the materials used in and incorporated into a project; the cost of an individual item may not exceed 1 percent of the total cost of the materials used in and incorporated into a project. P.L. 113-76, Consolidated Appropriations Act, 2014 (Act), includes an "American Iron and Steel" (AIS) requirement in section 436 that requires Clean Water State Revolving Loan Fund (CWSRF) and Drinking Water State Revolving Loan Fund (DWSRF) assistance recipients to use specific domestic iron and steel products that are produced in the United States if the project is funded through an assistance agreement executed beginning January 17, 2014 (enactment of the Act), through the end of Fiscal Year 2014, unless the agency determines it necessary to waive this requirement based on findings set forth in Section 436(b). The Act states, "[the requirements] shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency... finds that— (1) applying subsection (a) would be inconsistent with the public interest" 436(b)(1). In implementing section 436 of the Act, the EPA must ensure that the section's requirements are applied consistent with congressional intent in adopting this section and in the broader context of the purposes, objectives, and other provisions applicable to projects funded under the SRF. Water infrastructure projects typically contain a relatively small number of high -cost components incorporated into the project. In bid solicitations for a project, these high -cost components are generally described in detail via project specific technical specifications. For these major components, utility owners and their contractors are generally familiar with the conditions of availability, the potential alternatives for each detailed specification, the approximate cost, and the country of manufacture of the available components. Internet Address (URA) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer. Process Chlorine Free Recycled Paper Every water infrastructure project also involves the use of thousands of miscellaneous, generally low-cost components that are essential for, but incidental to, the construction and are incorporated into the physical structure of the project. For many of these incidental components, the country of manufacture and the availability of alternatives is not always readily or reasonably identifiable prior to procurement in the normal course of business; for other incidental components, the country of manufacture may be known but the miscellaneous character in conjunction with the low cost, individually and (in total) as typically procured in bulk, mark them as properly incidental. Examples of incidental components could include small washers, screws, fasteners (i.e., nuts and bolts), miscellaneous wire, corner bead, ancillary tube, etc. Examples of items that are clearly not incidental include significant process fittings (i.e., tees, elbows, flanges, and brackets), distribution system fittings and valves, force main valves, pipes for sewer collection and/or water distribution, treatment and storage tanks, large structural support structures, etc. The EPA undertook multiple inquiries to identify the approximate scope of de minimis incidental components within water infrastructure projects during the implementation of the American Reinvestment and Recovery Act (ARRA) and its requirements (Buy American provisions, specifically). The inquiries and research conducted in 2009 applies suitably for the case today. In 2009, the EPA consulted informally with many major associations representing equipment manufacturers and suppliers, construction contractors, consulting engineers, and water and wastewater utilities, and performed targeted interviews with several well -established water infrastructure contractors and firms who work in a variety of project sizes, and regional and demographic settings to ask the following questions: • What percentage of total project costs were consumables or incidental costs? • What percentage of materials costs were consumables or incidental costs? • Did these percentages vary by type of project (drinking water vs. wastewater treatment plant vs. pipe)? The responses were consistent across the variety of settings and project types, and indicated that the percentage of total costs for drinking water or wastewater infrastructure projects represented by these incidental components is generally not in excess of 5 percent of the total cost of the materials used in and incorporated into a project. In drafting this waiver, the EPA has considered the de minimis proportion of project costs generally represented by each individual type of these incidental components within the many types of such components comprising those percentages, the fact that these types of incidental components are obtained by contractors in many different ways from many different sources, and the disproportionate cost and delay that would be imposed on projects if the EPA did not issue this waiver. Assistance recipients who wish to use this waiver should in consultation with their contractors determine the items to be covered by this waiver and must retain relevant documentation (i.e., invoices) as to those items in their project files. If you have any questions concerning the contents of this memorandum, please contact Timothy Connor, Chemical Engineer, Municipal Support Division, at connor.timothy@epa.gov or (202) 566-1059 or Kirsten Anderer, Environmental Engineer, Drinking Water Protection Division, at anderer.kirsten@epa.gov or (202) 564-3134. Issued on: Approved by: APR 15 2014 Nancy K. Ston�r Acting Assista t Administrator UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D C 20460 FEB 18 2C3 DECISION MEMORANDUM OFFICE OF WATER SUBJECT: National Product Waiver for Pig Iron and Direct Reduced Iron for State Revolving Fund Projects /W/) i,144,4 FROM: enneth J. Kopocis Deputy Assistant Administrator The U.S. Environmental Protection Agency is hereby granting a national product waiver pursuant to the "American Iron and Steel" provisions of the Clean Water Act and Public Law 113-235, the "Consolidated and Further Continuing Appropriations Act, 2015," for certain intermediate goods used in the manufacture of iron and steel products.' This waiver permits the use of pig iron and direct reduced iron manufactured outside of the United States in domestic manufacturing processes for iron and steel products used in projects funded by a Clean Water or Drinking Water State Revolving Fund that may otherwise be prohibited absent this waiver. The waiver is retroactive and thus also applies to the use of non -domestic pig iron and direct reduced iron before the signature date. Background: Pig iron and direct reduced iron are intermediate products of iron and steel manufacturing used as material feed sources in iron and steel foundries and steel mills. Pig iron is a product of iron ore smelting in a blast furnace. It is made from molten iron, which has been cast in the shape of "pigs" as it comes from the blast furnace. Direct reduced iron ore is produced from iron ore, pellets or fines, which are reduced in a solid state using natural gas. Hot briquetted iron, or HBI, is a compacted form of direct reduced iron with enhanced physical characteristics for shipment and storage. Coverage: This waiver permits the use of iron and steel products that were manufactured using non -domestic pig iron and direct reduced iron in projects that receive funds from either the CWSRF or DWSRF. Any project that received or will receive funds from the CWSRF or DWSRF beginning with the enactment of P.L. 113-76, the "Consolidated Appropriations Act, 2014," may use this waiver for iron and steel that use these intermediate goods. Rationale: The AIS provisions require CWSRF and DWSRF assistance recipients to use specific domestic iron and steel products that are produced in the United States if the project is funded 'Absent a waiver, all treatment works and drinking water facilities that are constructed, in whole or in part. with funds from the CWSRF or the DWSRF, must use American made iron and steel. EPA is allowed under certain circumstances to provide waivers of this requirement. Internet Address (URL) • httpllwww epa gov Recycled/Recyclable • Printed with Vegetable Oil Based inks on 10B% Postconsumer Process Chlorine Free Recycled Paper through an SRF assistance agreement unless the Agency determines that it is necessary to waive this requirement. EPA has authority to issue waivers in accordance with Section 608(c)(2) of the Clean Water Act and the AIS provisions extended by P.L. 113-235, the "Consolidated and Further Continuing Appropriations Act, 2015," under the authority of Section 424(b)(2). The provision states in part: "[the requirements] shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency... finds that — iron and steel products are not produced in the United States in sufficient and reasonably available quantities and ofa satisfactory quality." Product manufacturers and suppliers informed EPA of concerns about the sufficient availability of domestically produced pig iron and direct reduced iron. The iron and steel products produced at steel mills and foundries that use non -domestic intermediate goods are not compliant with the AIS requirements. AIS compliant products used at water and wastewater projects could be in extremely short supply should a waiver of the intermediate goods not be available. EPA conducted extensive market research on the supply of pig iron and direct reduced iron and found that domestic supplies of these goods sold on the open market are generally not available. There are three major types of facilities that manufacture iron and steel finished products: basic oxygen furnace steel mills (BOF), electric arc furnace steel mills (EAF) and foundries. BOF steel mills undertake both iron making and steel making, as molten iron from the blast furnace is the required feedstock for BOF steel production. EAF steel mills and foundries, on the other hand, use iron and steel scrap as their principal feedstock, which must be supplemented with the use of pig iron and/or direct reduced iron in their manufacturing processes to achieve required steel qualities. EPA market research has shown that BOF steel mills are able to produce adequate amounts of pig iron to meet their own demands, but these mills use the bulk of this production for their own processes and do not sell pig iron on the open market in sufficient quantities. At this time, there is only one producer of direct reduced iron operating in the U.S. and the company uses the output internally for EAF steel production. Therefore, EAF steel mills and foundries must import pig iron and direct reduced iron to meet their iron needs. At least 60 percent of the nation's steel production comes from the EAF steel mills that use non - domestic pig iron and direct reduced iron in their manufacturing processes. Consequently, the majority of steel used in water and wastewater projects would not be compliant with the AIS requirements absent this waiver. Similarly, most, if not all, of the iron foundries in the United States use non -domestic pig iron and direct reduced iron to produce cast and ductile iron products used by water and wastewater projects. Therefore, the majority of iron used in water and wastewater projects would not be compliant with the AIS requirements absent this waiver. Hence, EPA is hereby providing a nationwide waiver pursuant to AIS requirements to cover the non -domestic intermediate iron goods used in the manufacture of iron and/or steel components and products for water and wastewater projects. Public Comments: EPA requested comments on the draft national waiver and a majority of the comments received were supportive ofa national waiver. The commenters in support of the waiver agreed with the Agency's conclusion that pig iron and direct reduced iron are not 2 produced in the United States in sufficient and reasonably available quantities to meet the needs of many domestic foundries and steel mills. These commenters believe that the waiver will ensure that pig iron and direct reduced iron are treated similarly to raw material inputs in iron and steel manufacturing and by doing so the EPA will preserve the viability of the AIS requirement. These commenters also state that the waiver would treat pig iron and direct reduced iron in a manner consistent with the implementation of other similar federal laws such as the Federal Highway Administration's Buy America requirement. The FHWA issued a similar nationwide waiver of the Buy America requirements in 1995 for pig iron and processed, pelletized and reduced iron ore. A few commenters challenged the Agency's issuance of a nationwide waiver of the AIS requirements for pig iron and direct reduced iron. These commenters disagreed with the Agency's interpretation of the AIS requirements and stated that raw materials used in iron and steel production must also be produced in the United States. In addition, the commenters questioned whether the Agency could exempt iron and steel products that are composed of non - domestic materials. The statutory language lists the categories of products that are considered "iron and steel products." The statutory requirements include provisions that allow the EPA to issue waivers under defined conditions, including the case where iron and steel products are not produced in the United States in sufficient and reasonably available quantities. The Agency's market research, supported by comments from manufacturers, has shown that pig iron and direct reduced iron are not produced in the United States in sufficient and reasonably available quantities. Therefore the Agency is -authorized to issue a waiver for iron and steel products composed of non -domestic pig iron and direct reduced iron. Legal Authority: Legal authority for the AIS requirements for CWSRF projects is included under Sec. 608(c)(2) of the Clean Water Act and previously under P.L. 113-76, the "Consolidated Appropriations Act, 2014," under the authority of Section 436(b)(2). Legal authority for the AIS requirements for DWSRF projects is included under P.L. 113-235, the "Consolidated and Further Continuing Appropriations Act, 2015," under the authority of Section 424(b)(2) and also previously under P.L. 113-76. This waiver will continue in force for DWSRF projects under any continuing resolutions or statutes that use similar language as in Section 424 of the "Consolidated and Further Continuing Appropriations Act, 2015." If you have questions concerning the contents of this memorandum, please contact Timothy Connor, Chemical Engineer, Municipal Support Division, at connor.tirnothy@epa.gov or (202) 566-1059 or Kiri Anderer, Environmental Engineer, Drinking Water Protection Division, at anderer.kirsten@epa.gov or (202) 564-3134. 3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D . 20460 OCT 2 7 2015 DECISION MEMORANDUM OFFICE OF WATER SUBJECT: National Product Waiver for Minor Components within Iron and Steel Products (with Cost Ceiling) for State Revolving Fund Projects FROM: Kenneth J. Kopocis Deputy Assistant Administrator The U.S. Environmental Protection Agency is hereby granting a national product waiver pursuant to the "American Iron and Steel" provisions of the Clean Water Act and Public Law 113-235, the "Consolidated and Further Continuing Appropriations Act, 2015," (hereinafter referred to as "the Acts") for minor components within a product under an established cost ceiling) The waiver will permit projects funded by the Clean Water State Revolving Fund or Drinking Water State Revolving Fund to use non -domestically produced miscellaneous minor components within an otherwise domestically produced iron and steel product for up to 5 percent of the total material cost of the product. These products could be prohibited absent this waiver. This waiver is retroactive, and so also applies to products purchased before the signature date of this waiver. Coverage: The items covered by this waiver include miscellaneous minor components within iron and steel products as defined in the AIS provisions of the Acts. The specific minor components in covered iron and steel products will vary by product and manufacturer. Pursuant to this waiver, non -domestically produced miscellaneous minor components comprising up to 5 percent of the total material cost of an otherwise domestically produced iron and steel product may be used. This waiver does not exempt the whole product from the AIS requirements, and the primary iron or steel components of the product must be produced domestically. Unless subject to a separate waiver, all other iron and steel components in these products must still meet the AIS requirements. Valves and hydrants are also subject to the cost ceiling requirements described here. This waiver supersedes the EPA's previous guidance issued on May 30, 2014, (Question 1) related to minor components in valves and hydrants. The coverage of this waiver is different from that of the existing national de minimis waiver. While the national de minimis waiver covers entire products (when those products are generally of low cost and incidental to the construction of the project), this waiver covers minor components within an iron and steel product. In addition, the national de minimis waiver is intended for assistance recipients to use for their projects, while this minor components waiver is intended to allow manufacturers to certify that their products comply with the AIS requirements. Absent a waiver. all treatment works and drinking water facilities that are constructed, in whole or in part, with funds from the CWSRF or the ❑WSRF• must use American made iron and steel. The EPA is allowed under certain circumstances to provide waivers of this requirement. Internet Address (URL) • http Ilwww epa.gov Recycled/Recyclable • Primed with Vegetable Oil Based inks on 100% Postconsumer, Process Chlorine Free Recycled Paper Rationale: The AIS provisions require recipients of CWSRF and DWSRF assistance to use specific domestically -produced iron and steel products in their project, unless the Agency determines it is necessary to waive this requirement. The EPA has authority to issue waivers in accordance with Section 608(c)(1) of the Clean Water Act and the AIS provisions extended by P.L. 1 13-235, the "Consolidated and Further Continuing Appropriations Act, 2015," under the authority of Section 424(b)(1). The provisions state in part: "[the requirements] shaftnot apply in any case or category of cases in which the Administrator of the Environmental Protection Agency...finds that...applying subsection (a) would be inconsistent with the public interest." Many product manufacturers and suppliers identified significant compliance challenges absent this waiver. Water and wastewater utilities are generally unable to obtain a range of AIS compliant iron and steel products (such as valves, hydrants and pipe restraints) that contain 100 percent domestic components. The manufacturers stated that the origin of a significant proportion of very small minor components cannot be reliably tracked or even discerned. They provided examples of product lines that would need duplicative inventories of extremely [ow -cost miscellaneous minor components in order to supply AIS compliant products. Manufacturers also raised concerns related to challenges of inventory tracking, inventory control and excessive costs associated with duplicative inventory needed to supply utilities with essential domestic products. The EPA concludes that requiring manufacturers and suppliers to overcome the challenges identified above would be inconsistent with the public's interest. In order to balance the reliability, availability and maximum supply of domestically produced iron and steel products, it is acceptable for a manufacturer to incorporate a relatively small proportion of miscellaneous minor components of non -domestic or unknown origin within an otherwise domestically manufactured product. Legal Authority: Legal authority for the AIS requirements for CWSRF projects is included under Sec. 608(c)(1) of the Clean Water Act and previously under P.L. 113-76, "Consolidated Appropriations Act, 2014," under the authority of Section 436(6)(1). Legal authority for the AIS requirements for DWSRF projects is included under F.L. 113-235, the "Consolidated and Further Continuing Appropriations Act, 2015", under the authority of Section 424(b)(1) and also previously under P.L. 113-76. This waiver will continue in force for DWSRF projects under any continuing resolutions or statutes that use similar language as Section 424 of the "Consolidated and Further Continuing Appropriations Act, 2015." If you have any questions concerning the contents of this memorandum, please contact Timothy Connor, Chemical Engineer, Municipal Support Division, at connor.timothy@epa.gov or (202) 566-1059 or Kiri Anderer, Environmental Engineer, Drinking Water Protection Division, at anderer.kirsten@epa.gov or (202) 564-3134. American Iron and Steel Certification The Contractor acknowledges to and for the benefit of and the State of Missouri that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements (see attached) commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States ("American Iron and Steel Requirement") including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. Name of Contracting Firm Signature Date Name and Title of Signer (Please type) Davis Bacon Act Requirements Pursuant to the Federal Appropriations Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Appropriations Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Additional guidance can be located at DOL's web site at https://www.wdol.gov/index.aspx 1. The Davis -Bacon (DB) prevailing wage requirements apply to the construction, alteration, and repair activity of infrastructure, including all construction, alteration and repair activity involving waste water or drinking water treatment plants is subject to DB. Prime contractors and subcontractors must follow the wage determination incorporated into the prime contract. 2. Contract and Subcontract provisions. (a) Minimum wages. (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3) ), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(2) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) Any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The EPA award official shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the funding recipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the funding recipient (s) to the MDNR. The MDNR will transmit the report, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the MDNR or will notify the MDNR within the 30 -day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the and the funding recipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the funding recipient shall refer the questions, including the views of all interested parties and the recommendation of the MDNR, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (5) The wage rate (including fringe benefits where appropriate) shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (6) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (7) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (b) Withholding. (1) The funding recipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (c) Payrolls and basic records. (1) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (2) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the funding recipient, that is, the entity that receives the grant or loan from the MDNR. As to each payroll copy received, the funding recipient shall provide written confirmation in a form satisfactory to the MDNR indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the funding recipient (s) for transmission to the MDNR or EPA if requested by EPA, the MDNR, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the funding recipient (s). (3) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (4) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (c)(3) of this section. (5) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (6) The contractor or subcontractor shall make the records required under paragraph (c)(1) of this section available for inspection, copying, or transcription by authorized representatives of the MDNR, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (d) Apprentices and trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (e) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (h) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (i) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (j) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and funding recipient(s), MDNR, EPA, the U.S. Department of Labor, or the employees or their representatives. (k) Certification of eligibility. (1) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 3. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The following clauses shall be inserted in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (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 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 (a)(1) of this section the contractor and any subcontractor responsible therefore 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 forth in paragraph (a)(1) of this section, 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 (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The funding recipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall 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 (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors 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 (a)(1) through (4) of this section. (b) In any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the MDNR and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 4. Compliance Verification (a) The funding recipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. (b) The funding recipient must conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor's submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. Funding recipients must conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. Funding recipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. (c) The funding recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The funding recipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the funding recipient must spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Funding recipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB . In addition, during the examinations the funding recipient shall verify evidence of fringe benefit plans and payments there under by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The funding recipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Funding recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/esa/contacts/whd/america2.htm. CW/DW SRF P&S E Recipient Notice Davis -Bacon Act Requirements Funding Recipient Requirements If the funding recipient encounters a unique situation at a site that presents uncertainties regarding Davis Bacon (DB) applicability, the funding recipient must discuss the situation with the MDNR before authorizing work on that site. The funding recipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. The funding recipients may obtain wage determinations from the U.S. Department of Labor's web site, www.wdol.gov. While the solicitation remains open, the funding recipient shall monitor www.wdol.gov. on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The funding recipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the funding recipients may request a finding from the MDNR that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The MDNR will provide a report of its findings to the funding recipient. If the funding recipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the MDNR, at the request of the funding recipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The funding recipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. If the funding recipient carries out an activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the funding recipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. Funding recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a funding recipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the funding recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the funding recipient shall either terminate the contract or CW/DW SRF P&S E Recipient Notice ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The funding recipient's contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. The funding recipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1, the following clauses: 1) The funding recipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The funding recipient must use Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. 2) The funding recipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the funding recipient must conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor's submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. The funding recipients must conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. The funding recipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. 3) The funding recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The funding recipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the funding recipient must spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. The funding recipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB . In addition, during the examinations the funding recipient shall verify evidence of fringe CW/DW SRF P&S E Recipient Notice benefit plans and payments there under by contractors and subcontractors who claim credit for fringe benefit contributions. The funding recipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the funding recipient, that is, the entity that receives the grant or loan from the MDNR. As to each payroll copy received, the funding recipient shall provide written confirmation in a form satisfactory to the MDNR indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The funding recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at https://www.dol.gov/esa/contacts/whd/america2.htm. CW/DW SRF P&S E Recipient Notice Statement of Compliance (To be submitted with contractor's weekly payroll if not using form WH-347 or LS -57) I hereby certify the following: 1) The payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii) and 8 CSR 30-3.010(6), and that the appropriate information is being maintained under 29 CFR 5.5 (a)(3)(i) and Section 290.290 RSMo, and that such information is correct and complete; 2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3.5 and Section 290.315 RSMo; 3) That each laborer or mechanic has been paid not less than the applicable state or federal wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable state or federal wage determination incorporated into the contract. 4) The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See section 1001 of Title 18 and section 231 of Title 31 of the United States Code. Signature of Contractor or Subcontractor Date EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 April 18, 2022 M-22-11 MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: Shalanda D. Young Director oag, SUBJECT: Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act ("IIJA"), Pub. L. No. 117-58, which includes the Build America, Buy America Act ("the Act"). Pub. L. No. 117-58, §§ 70901-52. The Act strengthens Made in America Laws 1 and will bolster America's industrial base, protect national security, and support high -paying jobs. The Act requires that no later than May 14, 2022-180 days after the enactment of the IIJA—the head of each covered Federal agency2 shall ensure that "none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States."3 The Act affirms, consistent with Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers ("the Executive Order"), this Administration's priority to "use terms and conditions of Federal financial assistance awards to maximize the use of goods, products, and materials produced in, and services offered in, the United States."4 The Act provides statutory authorities for the Made in America Office ("MIAO") in the Office of Management and Budget ("OMB") to maximize and enforce compliance with Made in "Made in America Laws" means all statutes, regulations, rules, and Executive Orders relating to Federal financial assistance awards or Federal procurement, including those that refer to "Buy America" or "Buy American," that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States. Made in America Laws include laws requiring domestic preference for maritime transport, including the Merchant Marine Act of 1920 (Pub. L. No. 66-261), also known as the Jones Act. Exec. Order No. 14,005, 86 Fed. Reg. 7475, § 2(b) (Jan. 28, 2021), available at haps://www.federalregister.gov/documents/2021 /01 /28/2021-02038/ensuring-the-future-is-made-in-all-of-america-by-all-of-americas-workers. Made in America Laws also include laws that give preference to Indian -owned and -controlled businesses, such as the Buy Indian Act (25 U.S.C. 47), that produce items in the United States. 2 For the purposes of this guidance, the terms "Federal agency" and "agency" mean any authority of the United States that is an "agency" (as defined in section 3502 of title 44, United States Code), other than an independent regulatory agency (as defined in that section). IIJA, § 70912(3). ' IIJA, § 70914(a). Exec. Order No. 14,005 (see footnote 1). America Laws.' MIA() aims to increase reliance on domestic supply chains and reduce the need for waivers through a strategic process aimed at: achieving consistency across agencies; gathering data to support decision -making to make U.S. supply chains more resilient; bringing increased transparency to waivers in order to send clear demand signals to domestic producers; and concentrating efforts on changes that will have the greatest impact.6 This memorandum provides implementation guidance to Federal agencies on the application of: (1) a "Buy America" preference? to Federal financial assistance programs for infrastructure; and (2) a transparent process to waive such a preference, when necessary. A Federal financial assistance program for infrastructure is any program under which an award may be issued for an infrastructure project, regardless of whether infrastructure is the primary purpose of the award. The term "project" means any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States.8 Agencies should determine how this guidance is best applied to their infrastructure programs and processes, and consult with OMB, as needed, on establishing criteria, processes, and procedures for applying a Buy America preference and issuing waivers. OMB may update or provide additional guidance, as appropriate, to further assist agencies in the implementation of a Buy America preference. I. Application of a Buy America Preference By May 14, 2022, agencies must ensure that all applicable programs comply with section 70914 of the Act, including by the incorporation of a Buy America preference in the terms and conditions of each award with an infrastructure project.9 The Act requires the following Buy America preference: (1) All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 5 IIJA, § 70923(a) & (b)(1). 6 OMB Memorandum M-21-26, Increasing Opportunities for Domestic Sourcing and Reducing the Need for Waivers from Made in America Laws available at: https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-06.pdf For the purposes of this guidance, a "Buy America" preference is a domestic content procurement preference as defined in IIJA, § 70912(2). 8 IiJA, § 70912 (5) & (7). 9 See Appendix I: Example of Award Term - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials. 2 (3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.1°' 11 II. Applicability to Federal Financial Assistance Programs This guidance applies to all Federal financial assistance as defined in section 200.1 of title 2, Code of Federal Regulations12—whether or not funded through IIJA—where funds are appropriated or otherwise made available and used for a project for infrastructure. Federal financial assistance means assistance that non -Federal entities receive or administer in the form of grants, cooperative agreements, non -cash contributions or donations of property, direct assistance, loans, loan guarantees, and other types of financial assistance. The term "non -Federal entity" includes States, local governments, territories, Indian tribes, Institutions of Higher Education (IHE), and nonprofit organizations.13 For purposes of this guidance, for-profit organizations are not considered non -Federal entities. However, this guidance does not alter independent statutory authorities that agencies may have to include domestic content requirements in awards of Federal financial assistance issued to for-profit organizations. Federal agencies are encouraged to consult with OMB if they are uncertain about the applicability of this guidance to any particular infrastructure program. Before applying a Buy America preference to a covered program that will affect Tribal communities, Federal agencies should follow the consultation policies established through Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, and consistent with policies set forth in the Presidential Memorandum of January 26, 2021, on Tribal Consultation and Strengthening Nation -Nation Relationships. Federal agencies should commence consultation promptly. This guidance does not apply to "expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 16 5170c, 5172, 5174, or 5192) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre and post disaster or emergency response expenditures."14 "[P]re and post disaster or emergency response expenditures" consist of expenditures for financial assistance that are (1) authorized by statutes other than the Stafford Act, 42 U.S.C. §§ 5121 et seq., and (2) made in anticipation of or response to an event or events that qualify as an "emergency" or "major disaster" within the meaning of the Stafford Act, id. § 5122(1), (2). Awards made to support the construction or improvement of infrastructure to mitigate the damage that may be caused by a non -imminent future emergency or disaster, such as awards IIJA, § 70912 (2) & (6)(B)(ii). 11 See Section VIII. of this guidance for more information on construction materials. 12 IIJA § 70912(4)(A) 13 See 2 C.F.R. § 200.1. 14 ILIA § 70912(4)(B) 3 made under FEMA's Flood Mitigation Assistance program,15 do not qualify as "pre and post disaster or emergency response expenditures." Subawards should conform to the terms and conditions of the Federal award from which they flow.16 The IIJA's definition of "infrastructure" encompasses public infrastructure projects. Thus, the term "infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property.17 Agencies should treat structures, facilities, and equipment that generate, transport, and distribute energy - including electric vehicle (EV) charging - as infrastructure. When determining if a program has infrastructure expenditures, Federal agencies should interpret the term "infrastructure" broadly and consider the definition provided above as illustrative and not exhaustive. When determining if a particular construction project of a type not listed in the definition above constitutes "infrastructure," agencies should consider whether the project will serve a public function, including whether the project is publicly owned and operated, privately operated on behalf of the public, or is a place of public accommodation, as opposed to a project that is privately owned and not open to the public. Projects with the former qualities have greater indicia of infrastructure, while projects with the latter quality have fewer. Projects consisting solely of the purchase, construction, or improvement of a private home for personal use, for example, would not constitute an infrastructure project. Federal agencies are strongly encouraged to consult with OMB when making such determinations. Agencies should consult with MIAO regarding their readiness to apply the requirements of the Act to covered programs. Agencies with questions regarding the application of a Buy America preference to agency -specific programs, including questions about the possible use of waivers during adjustment periods as agencies work to implement the Act, are advised to reach out to MIAO for technical assistance and advice. III. Consistency with International Agreements Pursuant to section 70914(e) of the Act, this guidance must be applied in a manner consistent with the obligations of the United States under international agreements. IV. Avoid Unnecessary Disruption The Act makes clear that its preferences apply to a Federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described 15 See 42 U.S.C. § 4104c. 6 2 CFR 200.101 (b) (2) 17 IIJA, § 70912(5). 4 in section 70914 of the Act does not already apply to iron, steel, manufactured products, and construction materials.18 Agencies should consider whether existing domestic content requirements meet the standards in the Act, as described in this memorandum. Agencies must make necessary changes to come into compliance with the Act's requirements, while preserving policies and provisions that already meet or exceed the standards required by the Act. For example, a program in which the standards for iron and steel already meet the standards in the Act may nevertheless be required to adopt new standards for manufactured products and construction materials. Maintaining current policies where appropriate avoids unnecessary disruption to programs, or elements of programs, that already meet or exceed Build America, Buy America requirements. V. Effective Date for Awards Agencies must ensure that, starting on May 14, 2022, all Federal financial assistance programs for infrastructure comply with the requirements of section 70914 of the Act. Therefore, new awards made on or after May 14, 2022, must take appropriate steps to ensure financial assistance awards comply with these requirements, which may include appropriate terms and conditions19 incorporating a Buy America preference. Renewal awards and amendments obligating additional funds to existing awards that are executed on or after May 14, 2022, must also include a Buy America preference. This means that agencies must include a Buy America preference in awards issued on or after May 14, 2022, even if Notices of Funding Opportunities for those awards did not include a Buy America preference. In these cases, agencies may consider whether public interest waivers may be needed to avoid undue increases in the time and cost of a project. Similarly, public interest waivers may be needed for awards and amendments made on or after May 14, 2022, where budgets for purchase of covered materials have already been agreed upon (including if materials have been ordered and construction has begun). Consistent with the guidance provided below, agencies should issue waivers judiciously and clearly communicate to recipients the limitations and conditions of any such waivers. VI. Articles, Materials, and Supplies for Infrastructure A Buy America preference, as defined in section I of this guidance, only applies to the iron and steel, manufactured products, and construction materials used for the infrastructure project under an award. If an agency has determined that no funds from a particular award under a covered program will be used for infrastructure, a Buy America preference does not apply to that award. Similarly, for a covered program, a Buy America preference does not apply to non - infrastructure spending under an award that also includes a covered project. A Buy America preference applies to an entire infrastructure project, even if it is funded by both Federal and non -Federal funds under one or more awards. A Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply 18 ILIA, § 70917(a) &(b). 19 See Appendix I: Example of Award Term - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials for exemplary language. 5 to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of or permanently affixed to the structure. For the purposes of this guidance, an article, material, or supply should only be classified into one of the following categories: (1) iron or steel; (2) a manufactured product; or (3) a construction material. For ease of administration, an article, material, or supply should not be considered to fall into multiple categories. Agencies should apply the iron and steel test to items that are predominantly iron or steel, unless another standard applies under law or regulation. Any waivers from these requirements must be in writing and meet the requirements of section 70914(b). VII. Issuing Buy America Waivers Pursuant to Section 70914(c) of the Act, the head of a Federal agency may waive the application of a Buy America preference under an infrastructure program in any case in which the head of the Federal agency finds that — (1) applying the domestic content procurement preference would be inconsistent with the public interest (a "public interest waiver"); (2) types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (a "nonavailability waiver"); or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an "unreasonable cost waiver"). Federal agencies are responsible for processing and approving all waivers, including waivers requested by recipients and on behalf of subrecipients. To the greatest extent practicable, waivers should be targeted to specific products and projects.20 Before issuing a waiver, the head of the Federal agency must make publicly available on the agency's website a detailed written explanation for the proposed determination to issue the waiver and provide at least 15 days for public comment on the proposed waiver.21 General applicability waivers are subject to a minimum 30 -day public comment period.22 By April 29, 2022, agencies should provide the website address where they will be posting proposed waivers for public comment to MBX.OMB.MadeInAmerica@omb.eop.gov. Pursuant to sections 70914(c) and 70937 of the Act, the waiver must be cross -posted to a centralized waiver transparency website managed by GSA, BuyAmerican.gov,23 no later than November 15, 2022. 20 See Section VII of this guidance for information on waiver principles and criteria. 21 Executive Order, § 4(b)(i)(2); IIJA, § 70914(c); IIJA, § 70937 (note that "Buy American" as used in this section also refers to Buy America preferences, per IBA, § 70932(1)). 22 IBA § 70914(d)(2)(A)(ii). See Section VII of this guidance for information on general applicability waivers. 23 BuyAmerican.gov redirects to MadehiAmerica.gov. 6 To minimize duplication and promote efficiency, MIAO and GSA will coordinate with agencies on the expansion of the existing website's functionality to display waivers for Federal financial assistance and provide further instructions to agencies as necessary. Federal agencies are responsible for performing due diligence and approving or rejecting waivers consistent with the Act, this guidance, and any other applicable Buy America laws. Federal agencies should notify MIAO in advance of posting an award- or project -level proposed waiver for public comment. However, Federal agencies must consult with MIAO for proposed waivers with broader applicability (such as a general applicability waiver) before posting them for public comment. The purpose of the consultation is to identify any opportunities to structure the waiver in order to maximize the use of goods, products, and materials produced in the United States to the greatest extent possible consistent with law. Federal agencies should send proposed waivers for review to MBX.OMB.MIAwaivers@omb.eop.gov. Federal agencies must submit to MIAO a proposed waiver for review after the public comment period has concluded. MIAO will review the proposed waiver to determine if it is consistent with applicable law and policy,24 and will notify the Federal agency of its determination. All waiver requests must include a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States25 and a certification that there was a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with potential suppliers.26 In addition, at a minimum and to the greatest extent practicable, each proposed waiver submitted to MIAO should include the following information, as applicable: • Waiver type (nonavailability, unreasonable cost, or public interest) • Recipient name and Unique Entity Identifier (UEI) • Federal awarding agency organizational information (e.g., Common Government - wide Accounting Classification (CGAC) Agency Code) • Financial assistance listing name and number • Federal financial assistance program name • Federal Award Identification Number (FAIN) (if available) • Federal financial assistance funding amount • Total cost of infrastructure expenditures, including all Federal and non -Federal funds (to the extent known) • Infrastructure project description and location (to the extent known) • List of iron or steel item(s), manufactured products, and construction material(s) proposed to be excepted from Buy America requirements, including name, cost, country(ies) of origin (if known), and relevant PSC and NAICS code for each. • A certification that the Federal official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. 24 Executive Order, § 4(c). 25 ILIA, § 70937(c)(2)(A). 26IIJA, § 70937(c)(2)(D). 7 • A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach), by the Federal awarding agency and, and in the case of a project or award specific waiver, by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America -compliant bids received in response to a solicitation. • Anticipated impact if no waiver is issued. • Any relevant comments received through the public comment period. The purpose of the information is to ensure that the agency has adequate information to perform due diligence, that MIAO has sufficient information to determine whether the proposed waiver is consistent with law and policy, and that sufficient information is available for public review. Information provided for public review should help interested manufacturers gauge the demand for products for which agencies are considering waiving a Buy America preference. To avoid a need for duplicative waiver requests from entities that receive funding for one infrastructure project through multiple Federal agencies, the Federal agency contributing the greatest amount of Federal funds for the project should be considered the "Cognizant Agency for Made in America" and should take responsibility for coordinating with the other Federal awarding agencies. Such coordination will provide uniform waiver criteria and adjudication processes, minimize duplicative efforts among Federal agencies, and reduce burdens on recipients. The Cognizant Agency for Made in America shall be responsible for consulting with the other Federal awarding agencies, publicizing the proposed joint waiver, and submitting the proposed joint waiver for review to MIAO. a. Exceptions for Unforeseen and Exigent Circumstances In limited situations where there is an urgent need in an unforeseen and exigent circumstance, agencies have the authority to waive the application of Buy America preferences without submitting the waiver for public comment and MIAO determination. 27 As an exception to the public transparency requirements of the Act, agencies should exercise that authority only when necessary. Further, to ensure MIAO can fulfill its role as a central and transparent source of Made in America waivers, an agency that issues a waiver without first seeking public comment and MIAO approval must, within 30 days of the waiver's issuance, submit a report to MIAO explaining its reliance upon the "unforeseen and exigent circumstance" exception.28 MIAO will provide further instructions to agencies on how to submit those reports. Although public posting and MIAO review may be waived in exigent circumstances, agencies remain responsible for performing due diligence appropriate to the circumstances, consistent with the principles and criteria in paragraphs VII(b) and (c) below. 27 ILIA, § 70937(b)(2). 28 This reporting process was established pursuant to Executive Order 14,005, § 4(d) and OMB Guidance on Improving the Transparency of Made in America Waivers available at: https://www.whitehouse.gov/wp-content/uploads/2021/10/Guidance-Memo-Improving-the-Transparency- of-Made-in-America-Waivers.pdf. 8 b. Waiver Principles and Criteria To ensure they are scrupulously monitoring, enforcing, and complying with applicable Buy America Laws and minimizing the use of waivers,29 agencies must apply standard criteria to determine whether to grant a waiver in a given circumstance. Agencies with existing criteria must review it for consistency with this guidance and update it as appropriate. All other agencies must establish criteria. Agencies may reject or grant waivers in whole or in part. To the greatest extent practicable, waivers should be issued at the project level and be product -specific. Overly broad waivers undermine market signals designed to boost domestic supply chains, particularly for key articles, materials and supplies in critical supply chains (i.e., critical supply chains identified in Executive Order 14017, America's Supply Chains). When necessary, agencies may consider issuing a waiver that has applicability beyond a single project; however, agencies should always issue, construe, and apply waivers to ensure the maximum utilization of goods, products, and materials produced in the United States, consistent with applicable law. Federal agencies may consult with MIAO when establishing or modifying criteria for granting waivers. They may also work within the Made in America Council, a practice that will help to foster consistency across agencies to the greatest extent practical and appropriate, given agency and program missions. Federal agencies should use the following principles before issuing a waiver of any type: • Time -limited: In certain limited circumstances, a Federal agency may determine that a waiver should be constrained principally by a length of time, rather than by the specific projects to which it applies. Waivers of this type may be appropriate, for example, when an item that is "nonavailable" is widely used in projects funded by a particular program's awards. When issuing such a waiver, the agency should identify a short, definite time frame (e.g., no more than one to two years) designed to ensure that, as domestic supply becomes available, domestic producers will have prompt access to the market created by the program. • Targeted: Waivers that are not limited to particular projects should apply only to the item(s), product(s), or material(s) or category(ies) of item(s), product(s), or material(s) necessary. Waivers that are overly broad will tend to undermine domestic preference policies. Broader waivers will receive greater scrutiny from MIAO. • Conditional: Federal agencies are encouraged to issue waivers with specific conditions that support the policies of the Act and the Executive Order. These principles and criteria should be viewed as minimum requirements for the use of waivers by Federal agencies.3° Nonavailability Waivers Before granting a nonavailability waiver, agencies should consider whether the recipient has performed thorough market research, which may be accomplished with assistance from the agency, and adequately considered, where appropriate, qualifying alternate items, products, or 29 ILIA § 70933(2). 30 See Section IV. of this guidance for agencies that have existing regulations or guidance. 9 materials. Waivers should describe the market research activities and methods to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources. Agencies are encouraged to engage with the Made in America Council to develop resource lists for common items, goods, or materials. Unreasonable Cost Waivers An unreasonable cost waiver is available if the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. Before granting an unreasonable -cost waiver, to the extent permitted by law, agencies should ensure the recipient has provided adequate documentation that no domestic alternatives are available within this cost parameter. Agencies may assist recipients in gathering documentation. For requests citing unreasonable cost as the statutory basis of the waiver, the waiver justification must include, as applicable, a comparison of the cost of the domestic product to the cost of the foreign product or a comparison of the overall cost of the project with domestic products to the overall cost of the project with foreign -origin products, pursuant to the requirements of the applicable Made in America law.31 Publicly available cost comparison data may be provided in lieu of proprietary pricing information.32 Unreasonable -cost waivers should be no broader than necessary. Public Interest Waivers A waiver in the public interest may be appropriate where an agency determines that other important policy goals cannot be achieved consistent with the Buy America requirements established by the Act and the proposed waiver would not meet the requirements for a nonavailability or unreasonable cost waiver. Such waivers shall be used judiciously and construed to ensure the maximum utilization of goods, products, and materials produced in the United States.33 To the extent permitted by law, determination of public interest waivers shall be made by the head of the agency with the authority over the Federal financial assistance award.34 Public interest waivers may have a variety of bases. As with other waivers, they should be project -specific whenever possible, as what is in the public interest may vary depending upon the circumstances of the project, recipient, and specific items, products, or materials in question. Federal agencies may wish to consider issuing a limited number of general applicability public interest waivers in the interest of efficiency and to ease burdens for recipients. The agency remains responsible for determining whether such a waiver is appropriate to apply to any 31 ILIA, § 70937(c)(2)(B). 32 IIJA, § 70937(c)(2)(B). 33IIJA, § 70935(a). 34 ILiA, § 70935(b). 10 given project; the Made in America Office will not review each application of such a waiver. The following are examples of types of public interest waivers an agency may consider issuing.35 • De Minimis: Ease of administration is important to reduce burden for recipients and agencies. Federal agencies may consider whether a general applicability public interest waiver should apply to infrastructure project purchases below a de minimis threshold. An agency may consider whether a public interest waiver should apply when necessary to ensure that recipients and Federal agencies make efficient use of limited resources, especially if the cost of processing the individualized waiver(s) would risk exceeding the value of the items waived. Agencies may consider adopting an agency -wide public interest waiver that sets a de minimis threshold, for example, of 5 percent of project costs up to a maximum of $1,000,000. • Small Grants: Agencies may wish to consider whether it is in the public interest to waive application of a Buy America preference to awards below the Simplified Acquisition Threshold. This type of waiver may be particularly relevant in the initial years after enactment of IIJA, and may be phased out over time as agencies develop efficient waiver review capabilities. • Minor Components: Agencies may wish to consider whether it is in the public interest to allow minor deviations for miscellaneous minor components within iron and steel products. A minor components waiver in the public interest may allow non - domestically produced miscellaneous minor components comprising no more than 5 percent of the total material cost of an otherwise domestically produced iron and steel product to be used. It would not be in the public interest to use a minor components waiver to exempt a whole product from the iron and steel requirements, or to allow the primary iron or steel components of the product to be produced other than domestically. • Adjustment Period: Agencies should consider whether brief, time limited waivers to allow recipients and agencies to transition to new rules and processes may be in the public interest. • International Trade Obligations: If a recipient is a State that has assumed procurement obligations pursuant to the Government Procurement Agreement or any other trade agreement, a waiver of a Made in America condition to ensure compliance with such obligations may be in the public interest. • Other Considerations: A waiver may be in the public interest in one circumstance, but not in another, and considerations will depend upon the nature and amount of resources available to the recipient, the value of the items, goods, or materials in question, the potential domestic job impacts, and other policy considerations, including sustainability, equity, accessibility, performance standards, and the domestic content (if any) of and conditions under which the non -qualifying good was produced. All proposed waivers citing the public interest as the statutory basis must include a detailed written statement, which shall address all appropriate factors, such as potential 3s The list is not exhaustive and no agency is required to issue the types of waivers noted as examples. As with other general applicability waivers, generally applicable public interest waivers must be reviewed at least every five years and more often as appropriate. 11 obligations under international agreements, justifying why the requested waiver is in the public interest.36 Before granting a waiver in the public interest, to the extent permitted by law, agencies shall assess whether a significant portion of any cost advantage of a foreign -sourced product is the result of the use of dumped steel, iron, or manufactured products or the use of injuriously subsidized steel, iron, or manufactured products.37 Agencies may consult with the International Trade Administration (ITA) in making this assessment if the granting agency deems such consultation to be helpful. The agency shall integrate any findings from the assessment into its waiver determination as appropriate.38 MIA() will work with ITA and agencies to develop standard processes to expedite this required assessment, such as by ensuring agencies know how to easily access lists of dumped or injuriously subsidized products. c. General Applicability Waivers The term "general applicability waiver" refers to a waiver that applies generally across multiple awards. A general applicability waiver can be "product -specific" (e.g., applies only to a product or category of products) or "non -product specific" (e.g., applies to all "manufactured products"). General applicability waivers should be issued only when necessary to advance an agency's missions and goals, consistent with IIJA, the Executive Order, and this guidance. For example, an agency might issue a general waiver for a product for which there are well - established domestic sourcing challenges. General applicability waivers will require appropriate justification from the Federal agency. Federal agencies with one or more existing general applicability waivers, including public interest waivers, must review such waivers within five years of the date on which the waiver was issued. Agencies issuing new general applicability waivers must review such waivers at least every five years from the date of issuance. Agencies are encouraged to review general applicability waivers more frequently, when appropriate. In conducting a review of any general applicability waiver, the head of a Federal agency shall— (A)publish in the Federal Register a notice that— (i) describes the justification for a general applicability waiver; and (ii) requests public comments for a period of not less than 30 days on the continued need for a general applicability waiver; and (B) publish in the Federal Register a determination on whether to continue or discontinue the general applicability waiver, considering the comments received in response to the notice published under paragraph (A).39 36 ILIA, § 70937(c)(2)(C). Executive Order, § 5. 38 Executive Order, § 5. 39 ILIA, § 70914(d)(1) & (2). 12 For a period of five years beginning on the date of enactment of the Act, paragraphs (A) and (B) above shall not apply to any product -specific general applicability waiver that was issued more than 180 days before November 15, 2021.4° By no later than November 15, 2022, agencies with existing, non -product specific general applicability waivers that were issued more than five years before November 15, 2021 should promptly commence review of each such waiver by publishing a Federal Register notice as required in section 70914(d)(2)(A) of the IIJA. Should the review justify retaining the waiver, agencies should consider narrowing the waiver in a manner that would support supply chain resilience and boost incentives to manufacture key products domestically, as appropriate. To ensure prompt commencement of projects funded by IIJA, MIAO plans to work with agencies to expedite consideration of general applicability waivers for products or categories of products for which domestic sourcing challenges have been well documented. Agencies should align such waivers with complementary policies, such as work to boost supply chain resiliency and domestic employment. General applicability waivers should include appropriate expiration dates designed to ensure that, once available, Buy America qualifying products receive appropriate consideration. VIII. Preliminary Guidance for Construction Materials For construction materials, the Act requires that, not later than 180 days after November 15, 2021, OMB must issue standards that define the term "all manufacturing processes" in the case of construction materials. These standards must require that each manufacturing process required for the manufacture of the construction material and the inputs of the construction material occurs in the United States. They must also reflect efforts to maximize the direct and indirect jobs benefited or created in the production of the construction materia1.41 Although the deadline to issue such guidance has not yet passed, OMB is providing preliminary and non -binding guidance to assist agencies in determining which materials are construction materials so that agencies can begin applying Buy America requirements to those materials. This preliminary guidance addresses the requirements as set forth in section 70915(b) of the IIJA while providing sufficient time for OMB to receive additional stakeholder input. The IIJA finds that "construction materials" includes an article, material, or supply — other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives42— that is or consists primarily of: • non-ferrous metals; • plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); 40IIJA, § 70914(d)(3). 4' IIJA, § 70915(b). 42 ILIA, § 70917(c)(1). 13 • lumber; or • drywall.43 To provide clarity to item, product, and material manufacturers and processers, we note that items that consist of two or more of the listed materials that have been combined together through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction materials. For example, a plastic framed sliding window should be treated as a manufactured product while plate glass should be treated as a construction material. Pending OMB's issuance of final standards on construction materials, and absent any existing applicable standard in law or regulation that meets or exceeds these preliminary standards, agencies should consider "all manufacturing processes" for construction materials to include at least the final manufacturing process and the immediately preceding manufacturing stage for the construction material. OMB is seeking additional stakeholder input before issuing further guidance identifying initial manufacturing processes for construction materials that should be considered as part of "all manufacturing processes." Agencies should consult with MIAO, as needed, to ensure that any waiver issued for construction materials is explicitly targeted and time -limited, in order to send a clear market signal that additional standards for "all manufacturing processes" in the case of construction materials will be forthcoming. 43 See IIJA, § 70911(5). 14 Appendix I: Example of Award Term - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Where applicable, the Federal agency must include appropriate terms and conditions in all awards, in accordance with applicable legal requirements and its established procedures, in order to effectuate the requirements of the Act and this guidance. The following is sample language. To achieve the greatest possible consistency across agencies and programs, agencies should send their proposed terms and conditions to MIA() for review prior to incorporating them into applicable awards. Agencies should begin including appropriate language in NOFOs published before May 14, 2022 to provide applicants fair notice of the Buy America conditions that will apply to funds obligated on or after that date. ** ** ** Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials44 are manufactured in the United States —this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. 44 Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. 15 Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at [link to awarding agency web site with information on currently applicable general applicability waivers]. Definitions45 "Construction materials" includes an article, material, or supply —other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives46—that is or consists primarily of: • non-ferrous metals; • plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. 45 Federal agencies may choose to provide definitions on a public -facing website and reference that website in the terms and conditions, rather than including all definitions in the terms and conditions itself. If an agency chooses to do provide definitions on a public -facing website, it is not considered a deviation from the terms and conditions provided and does not need to be reviewed by OMB. ae IIJA, § 70917(c)(1). 16 "Domestic content procurement preference" means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. "Infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. "Project" means the construction, alteration, maintenance, or repair of infrastructure in the United States. 17 Missouri Division of Labor Standards WAGE AND HOUR SECTION MICHAEL L. PARSON, Governor Annual Wage Order No. 28 Section 014 CALLAWAY COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102- 0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by Taylor Burks, Director Division of Labor Standards Filed With Secretary of State: March 10, 2021 Last Date Objections May Be Filed: April 8, 2021 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for Section 014 CALLAWAY County OCCUPATIONAL TITLE **Prevailing Hourly Rate Asbestos Worker $65.54 Boilermaker *$28.12 Bricklayer *$28.12 Carpenter $46.07 Lather Linoleum Layer Millwright Pile Driver Cement Mason *$28.12 Plasterer Communications Technician $52.65 Electrician (Inside Wireman) $52.66 Electrician Outside Lineman *$28.12 Lineman Operator Lineman - Tree Trimmer Groundman Groundman - Tree Trimmer Elevator Constructor *$28.12 Glazier $26.23 Ironworker $61.58 Laborer *$28.12 General Laborer First Semi -Skilled Second Semi -Skilled Mason *$28.12 Marble Mason Marble Finisher Terrazzo Worker Terrazzo Finisher Tile Setter Tile Finisher Operating Engineer $60.20 Group I Group 11 Group III Group III -A Group IV Group V Painter $38.57 Plumber $75.20 Pipe Fitter Roofer $50.44 Sheet Metal Worker $52.69 Sprinkler Fitter *$28.12 Truck Driver *$28.12 Truck Control Service Driver Group I Group II Group III Group IV *The Division of Labor Standards received less than 1,000 reportable hours for this occupational title. Public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. **The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title. ANNUAL WAGE ORDER NO. 28 3/21 Heavy Construction Rates for CALLAWAY County OCCUPATIONAL TITLE **Prevailing Hourly Rate Carpenter *$28.12 Millwright Pile Driver Electrician (Outside Lineman) *$28.12 Lineman Operator Lineman - Tree Trimmer Groundman Groundman - Tree Trimmer Laborer $54.70 General Laborer Skilled Laborer Operating Engineer $63.09 Group I Group II Group III Group IV Truck Driver *$28.12 Truck Control Service Driver Group I Group II Group III Group IV Section 014 Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational title that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate Sheet. *The Division of Labor Standards received less than 1,000 reportable hours for this occupational title. Public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. **The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title. ANNUAL WAGE ORDER NO. 28 3/21 OVERTIME and HOLIDAYS OVERTIME For all work performed on a Sunday or a holiday, not less than twice (2x) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. For all overtime work performed, not less than one and one-half (11/2) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work or contractual obligation. For purposes of this subdivision, "overtime work" shall include work that exceeds ten hours in one day and work in excess of forty hours in one calendar week; and A thirty -minute lunch period on each calendar day shall be allowed for each worker on a public works project, provided that such time shall not be considered as time worked. HOLIDAYS January first; The last Monday in May; July fourth; The first Monday in September; November eleventh; The fourth Thursday in November; and December twenty-fifth; If any holiday falls on a Sunday, the following Monday shall be considered a holiday. ANNUAL WAGE ORDER NO. 28 3/21 BILL SUMMARY BILL NO: 2022-101 SPONSOR: Councilmember Hensley SUBJECT: Authorizing a Contract with InfiniTech for the Storage Area Network Project, utilizing a Cooperative Procurement Contract Bid by the Midwestern Higher Education Compact DATE INTRODUCED: February 6, 2023 DEPARTMENT DIRECTOR(S): /tj;/ct CITY ADMINISTRATOR: Staff Recommendation: Approve. Summary: When approved, this bill will authorize a contract with InfiniTech in the amount of $213,147.32 for the Storage Area Network Replacement project. Origin of Request: City Staff Department Responsible: Finance and Information Technology PERSON RESPONSIBLE: SHIELA PEARRE/Richard Gerling Background Information: Staff requests approval to utilize the Midwestern Higher Education Compact cooperative agreement contract with InfiniTech and to approve the City's contract to replace the storage area network (SAN). By using this contract, the City will save 5% in usage fees if we were to use the State of Missouri contract for this equipment and installation services. Fiscal Information: Funds will come from ITS/GIS, Sales Tax G Funds (45-9980-578051). Account Available Required Remaining 45-990-578051 $330,572.11 $213,147.32 $117,424.79 BILL NO. 2022-101 SPONSORED BY Councilmember Hensley ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH INFINITECH IN THE AMOUNT OF $213,147.32 FOR THE STORAGE AREA NETWORK (SAN) REPLACEMENT PROJECT. WHEREAS, InfiniTech has become the apparent lowest and best bidder on the Storage Area Network Replacement project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of InfiniTech is declared to be the lowest and best bid and is hereby accepted for the Storage Area Network Replacement project. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with InfiniTech for the Storage Area Network Replacement project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City A`tftorney FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Cooperative Procurement — Dell, Contract MHEC-04 152022 Information Technology Services — Opened by MHEC December 14, 2021 RECOMMENDATION: Staff requests approval to utilize the Midwestern Higher Education Compact (MHEC) contract, MHEC-04152022 with Dell Marketing LP of Round Rock, Texas for the purchase and installation of a new SAN infrastructure. MHEC has competitively bid and evaluated this contract. The City will use our local authorized reseller through this contract, InfiniTech of Columbia, MO. In the past, the City has used InfiniTech through the State of Missouri's Prime Vendor contract which adds 5% to the contract cost. Utilization of this contract will remove the 5% usage charge. The contract is effective from April 15, 2022 through June 30, 2025. The MHEC contract was competitively bid and vendors were evaluated and ranked. Dell was ranked third with the first two vendors not being able to provide the equipment that we need. RSMo 173.700 attaches the State of Missouri to the Midwestern Higher Education Compact. FISCAL NOTE: Account Number Description FY 2023 Budget Expended or Encumbered Amount Bid Amount Balance 45-990-578051 !TS/GIS, Sales Tax G Funds $355,500.62 $24,928.51 $213,147.32 $117,424.79 Bid Total $213,147.32 PAST PERFORMANCE: City staff have utilized the services from InfiniTech in the past and have been very satisfied with their work. ATTACHMENTS — SUPPORTING DOCUMENTATION Signature: uric ing Agent 1/ /23 �� MIDWESTERN TION limit COMPACT RFP EVALUTATION FORM: END USER COMPUTING & PERIPHERALS, DEVICE LIFECYCLE MANAGEMENT, AND ASSOCIATED SERVICES MHEC-RFP-10282021 CONSENUS SCORING FEBRUARY 18, 2022 Points Guidance 10 Couldn't imagine a better response 9-3 ■ Excellent, insightful response 7-6 More than adequate response 5-4 Adequate response, no special insights 3-2 Inadequate response 1-0 Totally inadequate response 0 No response given , :' ---,Factor: . . Weight .. Proposal Requirements Pass/Fail Solution Proposal 30% MHEC Requirements 30% Pricing 30% Innovation 10% Criteria Scoring Range Apple Connection Dell HP Inc Lenovo Global tenovo US Vendor - G Vendor - H Vendor - I Comments Section A: Proposal Requirements Pass/Fail Fail Pass Pass Pass Pass Pass Fail Fail Fail Maximum Points Section B: Solution Proposal 300 0 233 263 233 195 195 0 0 0 Section C: MHEC Requirements 300 0 240 210 240 210 210 0 0 0 B.9 Pricing 300 0 210 210 210 210 210 0 0 0 Innovation 100 0 80 70 80 60 60 0 0 0 Total Score: 0 763 753 763 675 675 0 0 0 Dell Authorized MHEC Contract Resellers as of 12/2/2022 Midwestern Higher Education Compact (MHEC) Contract 04152022 Authorized MHEC Reseller Access Interactive MHEC Reseller Address MHEC Reseller Active Contract Code 46635 Magellan Drive, Novi, MI 48377 C000001000501 ACP CreativlT, LLC 851 Commerce Court, Buffalo Grove, IL 60089 C000000985904 ACP CreativlT, LLC 851 Commerce Court, Buffalo Grove, IL 60089 C000000985904 Arey Jones Educational Solutions 1055 Sixth Ave #101, San Diego, CA 92101 C000001016509 Avalon Technologies, Inc. 39533 Woodward Avenue, #125, Bloomfield MI 48304 0000001004505 Avalon Technologies, Inc 39533 Woodward Avenue, #125, Bloomfield MI 48304 C000001004505 Avalon Technologies, Inc. 39533 Woodward Avenue, #125, Bloomfield MI 48304 C000001004505 Avalon Technologies, Inc. 39533 Woodward Avenue, #125, Bloomfield MI 48304 0000001004505 0omputacenter US [-MC unIIVcrsaLynu riQe. JUIiC IUL, VVCSIwUUU, DAY, n)nnn C000001019727 Davenport Group 4166 Lexington Avenue North, #202, St. Paul, MN 55126 0000000981081 Davenport Group 4166 Lexington Avenue North, #202, St. Paul, MN 55126 0000000981081 DK Tech Solutions LLC 3340 Pacific Heights Rd, Honolulu, HI 96813 C000000985547 Electronic Strategies, Inc. 6855 Hillsdale Court, Indianapolis IN 46250 0000000978664 Government Computer Sales, Inc. (GCSIT Solutions) 1654 20th Avenue, Seattle, WA 98122 0000000983001 Government Computer Sales, Inc. (GCSIT Solutions) 1654 20th Avenue, Seattle, WA 98122 C000000983001 Government Computer Sales, Inc. (GCSIT Solutions) 1654 20th Avenue, Seattle, WA 98122 0000000983001 Government Computer Sales, Inc. (GCSIT Solutions) 1654 20th Avenue, Seattle, WA 98122 C000000983001 InfiniTech Consulting, LLC 2401 Bernadette Drive, Columbia, MO 65203 C000000985633 InfiniTech Consulting, LLC 2401 Bernadette Drive, Columbia, MO 65203 C000000985633 People Driven Technoigy, Inc 6300 Venture Hills Blvd SW, Byron Center, MI 49315 0000000978628 Presidio Networked Solutions LLC 7701 Las Colinas Ridge #600, Irving, TX 75063 C000000997507 Sterling Computers Corporation 303 Centennial Drive, North Sioux City, SD 57049 C000000978658 Sterling Computers Corporation 303 Centennial Drive, North Sioux City, SD 57049 C000000978658 Sterling Computers Corporation 303 Centennial Drive, North Sioux City, SD 57049 C000000978658 Sterling Computers Corporation 303 Centennial Drive, North Sioux City, SD 57049 0000000978658 Sterling Computers Corporation 303 Centennial Drive, North Sioux City, SD 57049 0000000978658 Sterling Computers Corporation 303 Centennial Drive, North Sioux City, SD 57049 C000000978658 Sterling Computers Corporation 303 Centennial Drive, North Sioux City, SO 57049 C000000978658 The Drala Project, Inc. (ReDesign Group) 2629 Manhattan Ave #307, Hermosa Beach, CA 90254 0000000985001 The Drala Project, Inc. (ReDesign Group) 2629 Manhattan Ave #307, Hermosa Beach, CA 90254 C000000985001 The Drala Project, Inc. (ReDesign Group) 2629 Manhattan Ave #307, Hermosa Beach, CA 90254 0000000985001 Thornburg Computer Services, LLC PO Box 11455, Olympia, WA 98508 0000000985529 Trace3, LLC n �JIUa I JJJJ L.UrpUldLe 1=AL.11d ,L riyC L JL, uid d MI C000000986501 Trace3, LLC �595 1.U,puIdLe _At.IIdIILj.0 LA...IL, l3IdIIU r\df.JIub IViI C000 000986501 LLC :13651UIPUI dLC LALI IdIIy.0 1.1 L., L�IdIIU r\dIJIUJ witTrace3. An�,� C000000986501 July 16, 2019 Page 1 of 1 Contract No.: MHEC-04152022 MASTER AGREEMENT BETWEEN MIDWESTERN HIGHER EDUCATION COMMISSION AND DELL MARKETING L.P. EFFECTIVE APRIL 15, 2022, through JUNE 30, 2025 THIS AGREEMENT, and amendments and supplements thereto, is made between the Midwestern Higher Education Commission (hereinafter MHEC) located at 105 Fifth Avenue South, Suite 450 Minneapolis, MN 55401, for the benefit of the Eligible Organizations located in the MHEC member states, and Dell Marketing L.P., (hereinafter Dell or Supplier) One Dell Way, Round Rock TX, 78682. For purposes of this Master Agreement MHEC and Dell are referred to collectively as the "Parties" or individually as "Party". Whereas, the Midwestern Higher Education Compact (Compact) is an interstate compact of twelve Midwestern states, such states being Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin (Member States); and MHEC, a nonprofit 501(c) (3), is a statutorily created governing body of the Compact established for the purposes, in part, of determining, negotiating and providing quality and affordable services for the Member States, the entities in those Member States, and the citizens residing in those Member States; and Whereas, MHEC has established a Technology Initiative for the purpose of which is to determine, negotiate and make available quality and affordable technology products and services to the not -for-profit and public education related entities in the MHEC Member States; and Whereas, MHEC has entered into separate agreements with the New England Board of Higher Education (NEBHE) and the Southern Regional Education Board (SREB) and the Western Interstate Commission for Higher Education (WICHE) respectively to allow entities in the NEBHE Member States, SREB Member States, and the WICHE Member States access MHEC's Technology Initiative contracts, including this Master Agreement; and Whereas, NEBHE Member States refers to any state that is a member, or affiliate member of NEBHE. Current NEBHE Member States are: Connecticut, New Hampshire, Maine, Massachusetts, Rhode Island, and Vermont. Whereas, SREB Member States refers to any state that is a member or an affiliate member of SREB. Current SREB Member States are: Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia; and Whereas, WICHE Member States refers to any state that is a member or an. affiliate member of WICHE. Current WICHE Member States are: Alaska, Arizona, California, Colorado, Hawai'i, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and U.S. Pacific Territories and Freely Associated States; and Whereas, Dell offers certain quality technology related products and services; and Whereas, MHEC conducted a competitive sourcing event for End User Computing and Peripherals, Device Lifecycle Management, and Associated Services MHEC-RFP-10282021, dated October 28, 2021, and upon completion of the competitive process Dell received an award; and Therefore, in consideration of mutual covenants, conditions, and promises contained herein, MHEC and Dell agree as follows: 1. DEFINITIONS Resellers: refers to marketing agents, agents or order fulfillers authorized by Dell to provide Products and Services under this Master Agreement. Dell will list Resellers on an internet site accessible to MHEC, its Member States and Eligible DELL EMC SLED MFCA Rev 20201005. 1 Page 1 of 58 Contract No.: MHEC-04152022 Organizations. Dell will provide to MHEC the general criteria used to authorize agents. At any time during the term of this Master Agreement should MHEC protest the inclusion of a firm on this list pursuant to commercially justifiable cause, Dell may require that firm to undergo re -approval. Dell branded Products: refers to any information technology Products that are made available under this agreement and are marked with the "Dell" brand, including all standard configurations thereof, but does not include any of the following items: (i) accessories or parts added to the Dell branded hardware products (ii) accessories or parts that are not installed in the Dell factory; or (iv) Third Party Software and Peripheral products. Documentation: refers to the any documentation made available by Dell to Procuring Eligible Organization relating to any Equipment or Software purchased as well as any manuals relating to the Equipment or Software. Deliverables: refers to the tangible materials, including reports, studies, base cases, drawings, findings, software, manuals, procedures, and recommendations that Dell delivers to Procuring Eligible Organization under a Statement of Work. Eligible Organizations: This Master Agreement shall be the framework under which Eligible Organizations can acquire solution offerings consisting as defined in section Products and acquire Services as defined in section Services from Dell. Eligible Organizations shall include: 1. All not -for-profit private and public institutions and/or systems of higher education (colleges, universities, community colleges, technical institutions and equivalent institutions; 2. All K-12 schools and school districts; 3, All city, county, and other local governments; and 4. All state governments and their departments. Eligible Organizations shall also include all not -for-profit private and public institutions and/or systems of higher education; K-12 schools and districts; city, county, and other local governments; and state governments and their departments located within the following other education Compacts in the country; the New England Board of Higher Education (NEBHE), the Southern Regional Education Board (SREB), and the Western Interstate Commission for Higher Education (WICHE). Equipment: refers to Dell's full catalog of a) end user computing and peripherals, b) device lifecycle management, and c) associated services made available for sale by Dell to Eligible Organizations under this Master Agreement. Large Order Negotiated Pricing: refers to the prices or additional discounts that may be offered to specific Eligible Organizations under defined additional terms and conditions. Selection and pricing of large order negotiated pricing shall be by mutual agreement of the Eligible Organization and Supplier. Large Order Negotiated Pricing shall apply only to those items that meet the applicable additional terms and conditions negotiated by Supplier and the Eligible Organization. Promotional Prices: refers to special prices that may be offered nationally or regionally under this Master Agreement to a specific category of customers intended to include similarly situated public entity and institutional Eligible Organizations for defined time periods and in similar quantities under defined terms and conditions. Order: refers to an Eligible Organization's purchase order or other ordering document evidencing its intent to procure Products or Services from Supplier under the terms and conditions of this Master Agreement. Procuring Eligible Organization: refers to an Eligible Organization which desires to purchase under this Master Agreement and has executed an Order. Products: refers to the full line of information technology Equipment, Software and Documentation Dell makes available under this Master Agreement. Retail Price List: refers to the Dell's retail price list and is a complete list of Products and Services with the corresponding retail prices for those Products and Services made available for purchase by Eligible Organizations under this Master DELL EMC SLED MFCA Rev 20201005.1 Page 2 of 58 IntiniI"Ei. Delivering Limitless Technology) 2401 Bernadette Dr, Ste 101, Columbia, MO 65203 t. 573-234-6540 f. 573-234-6539 Sold To City of Jefferson Richard Gerling 320 E McCarty Jefferson City, MO 65101 United States Phone (573) 634-6412 Fax Here is the quote you requested. QUOTE Number ITCQ8476 Date Jan 10, 2023 Ship To City of Jefferson Richard Gerling 320 E McCarty Jefferson City, MO 65101 United States Phone (573) 634-6412 Fax Jordan Bartels Line Qty Description Unit Price l Ext. Price 1 1 Unity Storage Array - Production Unity 480 DPE 25x2.5" Dell Field Rack D4 SYSPACK 4X1.6TB FLASH SSD 25X2.5 (3)Unity 400GB FAST CACHE 25X2.5 SSD (10)D4 1.6TB SAS FLASH 25X2.5 SSD UNITY 2X4 PORT IO 25GBE TWINAX UNITY 2X4 PORT SAS EXP FLD RCK NEMA 5-15P Power Cords Unity DPE Install Kit Dell Hardware Limited Warranty ProSupport Mission Critical 4 -Hour 7x24 Onsite Service with Emergency Dispatch 3 Years ProSupport Mission Critical 4 -Hour 7X24 Onsite Service with Emergency Dispatch 2 Years Extended ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years ProSupport: Mission Critical 4 -Hour 7x24 On -Site Low Capacity SSD Add -On, 5 Years Prodeploy for Unity X80 DPE Hybrid and All Flash Prodeploy for Unity X80 DPE Hybrid and All Flash Deployment Verification 2 2 Unity Storage Expansion - Production Unity 3U 15x3.5 DAE FLD RCK (15)D4 6TB NLSAS 15X3.5 DRIVE Unity 2x2M DAE SAS CBL ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years ProSupport Mission Critical 4 -Hour 7X24 Onsite Service with Emergency Dispatch 2 Years Extended ProSupport Mission Critical 4 -Hour 7x24 Onsite Service with Emergency Dispatch 3 Years Dell Hardware Limited Warranty ProSupport: Mission Critical 4 -Hour 7x24 On -Site Hard Disk Drive $57,308.00 $57,308.00 $21,173.00 $42,346.00 PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOUR FOR HARDWARE ONLY AND ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. 1 of 2 Line Qty Description Unit Price Ext. Price Add -On, 5 Years Prodeploy for Dell EMC Unity 15 25 Drive DAE Prodeploy for Dell EMC Unity 15 25 Drive DAE Deployment Verification 3 1 Unity Storage Array - Recovery Unity 480 DPE 25x2.5" Dell Field Rack D4 SYSPACK 4X1.6TB FLASH SSD 25X2.5 (3)Unity 400GB FAST CACHE 25X2.5 SSD (10)D4 1.6TB SAS FLASH 25X2.5 SSD UNITY 2X4 PORT IO 25GBE TWINAX UNITY 2X4 PORT SAS EXP FLD RCK NEMA 5-1SP Power Cords Unity DPE Install Kit Dell Hardware Limited Warranty ProSupport Mission Critical 4 -Hour 7x24 Onsite Service with Emergency Dispatch 3 Years ProSupport Mission Critical 4 -Hour 7X24 Onsite Service with Emergency Dispatch 2 Years Extended ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years ProSupport: Mission Critical 4 -Hour 7x24 On -Site Low Capacity SSD Add -On, 5 Years Prodeploy for Unity X80 DPE Hybrid and All Flash Prodeploy for Unity X80 DPE Hybrid and All Flash Deployment Verification 4 2 Unity Storage Expansion - Recovery Unity 3U 15x3.5 DAE FLD RCK (15)D4 6TB NLSAS 15X3.5 DRIVE Unity 2x2M DAE SAS CBL ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years ProSupport Mission Critical 4 -Hour 7X24 Onsite Service with Emergency Dispatch 2 Years Extended ProSupport Mission Critical 4 -Hour 7x24 Onsite Service with Emergency Dispatch 3 Years Dell Hardware Limited Warranty ProSupport: Mission Critical 4 -Hour 7x24 On -Site Hard Disk Drive Add -On, 5 Years Prodeploy for Dell EMC Unity 15 25 Drive DAE Prodeploy for Dell EMC Unity 15 25 Drive DAE Deployment Verification 5 3 2 -Port 10Gbe SFP+ Module 6 1 Dell - N3048 Switch 7 4 3M 10G Twinax Cables 8 1 Labor - Rack, Migrate Data, All Required Network Changes Please contact me if I can be of further assistance. $57,308.00 $57,308.00 $21,173.00 $42,346.00 $402.00 $2,500.00 $33.33 $10,000.00 $1,206.00 $2,500.00 $133.32 $10,000.00 SubTotal Tax $213,147.32 $0.00 Total $213,147.32 Shipping not induded. Actual shipping rates will be added to invoice. PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOUR FOR HARDWARE ONLY AND ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE W/TH ORIGINAL PACKAGING. 2 of 2 CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and InfiniTech hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render certain services for a Storage area network replacement, hereinafter described in Exhibit A. WHEREAS, Contractor has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for storage area network replacement, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Payment. The City hereby agrees to pay Contractor for the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson's Information Technology Department and in accordance with the rates and/or amounts stated in the bid of Contractor dated 1/10/2023, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The total amount for services rendered under this contract shall not exceed Two Hundred Thirteen Thousand One Hundred Forty -Seven Dollars and Thirty -Two Cents ($213,147.32) 3. Term. This contract shall commence on the date last executed by a party as indicated below. The Contractor shall perform said work by October 1, 2023. 4. Additional Services. The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed representatives. 5. Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all 2 personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. 6. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. Independent Contractor. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. 8. Benefits not Available. The Contractor shall not be entitled to any of the benefits established for the employees of the City and shall not be covered by the Workmen's Compensation Program of the City. 9. Nondiscrimination. The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 10. Illegal Immigration. Prior to commencement of the work: a. Contractor 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. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner. 11. Notice to Proceed. The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 12. Termination. lf, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The City reserves the right to terminate this contract for convenience by giving at least fourteen (14) days prior written notice to Contractor, without prejudice to any other rights or 3 remedies of the City, provide Contractor shall be entitled to payment for all work completed by Contractor through the date of termination. The Contractor may with cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 13. Waiver of Breach. Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 14. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that the City successfully enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any other relief, its reasonable attorney's fees, expenses and costs. 15. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 17. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 18. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 4 19. Indemnity. To the fullest extent permitted by law, the Contractor will defend, indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 20. Insurance. Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the Contractor, the City, and the City's officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, employees and agents, or any subcontractors of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City. 21. Documents. Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be delivered upon request to and become the property of the City upon termination or completion of work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same. 22. Books and Records. The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this contract, and shall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract. 23. Nonsolicitation. The Contractor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, 5 brokerage fee, gifts, or contingent fee. 24. Delays. That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Contractor be liable for indirect or consequential damages. 25. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 26. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 27. Notices. All notices required or permitted hereinunder and required to addressed to the following addresses. The date and delivery second full day after the day of its mailing. If to the City: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri 65101 be in writing may be given by first class mail of any notice shall be the date falling on the If to the Contractor: InfiniTech Jordan Bartels 2401 Bernadette Dr., Ste. 101 Columbia, Missouri 65203 [Signatures to Follow on Next Page] 6 CITY OF JEFFERSON, MISSOURI INFINITECH Mayor Date: ATTEST: City Clerk APPROVED AS TO FORM: City Tr() ` A i r Title: lip Of ra p n Date: Os/23 ATTEST: nfiniToM Delivering Limitless Technology' 2401 Bernadette Dr, Ste 101, Columbia, MO 65203 t.573-234-6540 f. 5/3-234-6539 Sold To City of Jefferson Richard Gerling 320 E McCarty Jefferson City, MO 65101 United States Phone (573) 634-6412 Fax Here is the quote you requested. EXHIBIT QUOTE Number ITCQ8476 Date Jan 10, 2023 Ship To City of Jefferson Richard Gerling 320 E McCarty Jefferson City, MO 65101 United States Phone (573) 634-6412 Fax Salesperson P.O. Number Ship Via Terms Jordan Bartels Line Qty Description Unit Price Ext. Price 1 1 Unity Storage Array - Production Unity 480 DPE 25x2.5" Dell Field Rack D4 SYSPACK 4X1.6TB FLASH SSD 25X2.5 (3)Unity 400GB FAST CACHE 25X2.5 SSD (10)D4 1.6TB SAS FLASH 25X2.5 SSD UNITY 2X4 PORT I0 25GBE TWINAX UNITY 2X4 PORT SAS EXP FLD RCK NEMA 5-15P Power Cords Unity DPE Install Kit Dell Hardware Limited Warranty ProSupport Mission Critical 4 -Hour 7x24 Onsite Service with Emergency Dispatch 3 Years ProSupport Mission Critical 4 -Hour 7X24 Onsite Service with Emergency Dispatch 2 Years Extended ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years ProSupport: Mission Critical 4 -Hour 7x24 On -Site Low Capacity SSD Add -On, 5 Years Prodeploy for Unity X80 DPE Hybrid and All Flash Prodeploy for Unity X80 DPE Hybrid and All Flash Deployment Verification 2 2 Unity Storage Expansion - Production Unity 3U 15x3.5 DAE FLD RCK (15)D4 6TB NLSAS 15X3.5 DRIVE Unity 2x2M DAE SAS CBL ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years ProSupport Mission Critical 4 -Hour 7X24 Onsite Service with Emergency Dispatch 2 Years Extended ProSupport Mission Critical 4 -Hour 7x24 Onsite Service with Emergency Dispatch 3 Years Dell Hardware Limited Warranty ProSupport: Mission Critical 4 -Hour 7x24 On -Site Hard Disk Drive $57,308.00 $57,308.00 $21,173.00 $42,346.00 PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE • ALL DEUVF-RY. TRAINING OR CONSULTING SERVICES TO BE RULED AT PUBLISHED RATES IOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARIS AND LABOUR FOI( HARDWARE ONLY AND ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NUT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY IICENSEO PRODUCTS. \%F SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL-, DATA. INTERRUPTION or RI131NE55, NOR FOR INCIDENT/AL OR COHSECUENTIAL MFRCIIANTABIUTY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIFIUM RESTOCKING FEE WITH ORIGINAL PACKAGING. 1 of 2 Line Qty Description Unit Price Ext. Price Add -On, 5 Years Prodeploy for Dell EMC Unity 15 25 Drive DAE Prodeploy for Dell EMC Unity 15 25 Drive DAE Deployment Verification 3 1 Unity Storage Array - Recovery Unity 480 DPE 25x2.5" Dell Field Rack D4 SYSPACK 4X1.6TB FLASH SSD 25X2.5 (3)Unity 400GB FAST CACHE 25X2.5 SSD (10)D4 1.6TB SAS FLASH 25X2.5 SSD UNITY 2X4 PORT I0 25GBE TWINAX UNITY 2X4 PORT SAS EXP FLD RCK NEMA 5-15P Power Cords Unity DPE Install Kit Dell Hardware Limited Warranty ProSupport Mission Critical 4 -Hour 7x24 Onsite Service with Emergency Dispatch 3 Years ProSupport Mission Critical 4 -Hour 7X24 Onsite Service with Emergency Dispatch 2 Years Extended ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years ProSupport: Mission Critical 4 -Hour 7x24 On -Site Low Capacity SSD Add -On, 5 Years Prodeploy for Unity X80 DPE Hybrid and All Flash Prodeploy for Unity X80 DPE Hybrid and All Flash Deployment Verification 4 2 Unity Storage Expansion - Recovery Unity 3U 15x3.5 DAE FLD RCK (15)D4 6TB NLSAS 15X3.5 DRIVE Unity 2x2M DAE SAS CBL ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years ProSupport Mission Critical 4 -Hour 7X24 Onsite Service with Emergency Dispatch 2 Years Extended ProSupport Mission Critical 4 -Hour 7x24 Onsite Service with Emergency Dispatch 3 Years Dell Hardware Limited Warranty ProSupport: Mission Critical 4 -Hour 7x24 On -Site Hard Disk Drive Add -On, 5 Years Prodeploy for Dell EMC Unity 15 25 Drive DAE Prodeploy for Dell EMC Unity 15 25 Drive DAE Deployment Verification 5 3 2 -Port 10Gbe SFP+ Module 6 1 Dell - N3048 Switch 7 4 3M 1OG Twinax Cables 8 1 Labor - Rack, Migrate Data, All Required Network Changes Please contact me if I can be of further assistance. $57,308.00 $57,308.00 $21,173.00 $42,346.00 $402.00 $2,500.00 $33.33 S10,000.00 $1,206.00 $2,500.00 5133.32 $10,000.00 SubTotal Tax $213,147.32 50.00 Total $ 213,147.32 Shipping not included. Actual shipping rates will be added to invoice. PRICES SUBJECT TO CHANGE - PRICES BASED UFON TOTAL PURCHASE - ALL DELIVERY. tHAMNJ, UR CONSULTING SERVICES TO RE BII.LFD A- PURI ISHED RATES FOR EACH ACTIVITY INVOLVED • GENERALLY Al. L HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY. COVERING PARTS AND LABOUR FOR HARDWARE ONLY AND ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR TMPI JFO. INCILJDTNG RUT NOT LIMITED IC ANY IMPLIED WARRANTIES OR V.TTII REGARD TO AUY I ICFNSED PRODUCTS. WE SHALL NOT BE LIABLE FOP. ANY LOSS OF PROFITS, BUSINESS, G00DWILL, DATA• INTERRUPTION OF BUSINESS, 00R FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. 2 of 2 BILL SUMMARY BILL NO: 2022-102 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing a $325,918 Construction Contract with Don Schnieders Excavating Company, Inc. for the Westview Forcemain Replacement Project 31188 DATE INTRODUCED: February 6, 2023 DEPARTMENT DIRECTOR(S): /1/.//t/iL/LAzAj CITY ADMINISTRATOR: ,14/0 Staff Recommendation: Approve. Summary: This construction contract will replace a section of sanitary sewer pressure main that has failed multiple times and has become unreliable. Origin of Request: City Staff Department Responsible: Public Works PERSON RESPONSIBLE: MATTHEW J. MORASCH, P.E./Eric Seaman, P.E. Background Information: The sewer pressure has failed multiple times resulting in damage to private property and discharges of untreated sewage to the environment. The replacement sewer will be reliable pressure grade pipe that is resistant to corrosion. Fiscal Information: The project will be expensed from the wastewater fund from the approved FY22-23 budget. Don Schnieders Excavating Company, Inc. ($325,918.00) Account Available Required Remaining 64-990-579891 $326,802.86 $325,918.00 $884.86 BILL NO. 2022-102 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $325,918 AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. FOR THE WESTVIEW FORCEMAIN REPLACEMENT PROJECT. WHEREAS, Don Schnieders Excavating Company, Inc. has become the lowest and best bidder on the Westview Forcemain Replacement Project. NOW, THEREFORE, BE 1T ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Don Schnieders Excavating Company, Inc is declared to be the lowest and best bid and is hereby accepted for the Westview Forcemain Replacement Project. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Don Schnieders Excavating Company, Inc. for the Westview Forcemain Replacement Project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City \tt drney FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 1FB4090 — Project 31188, Westview Forcemain Replacement Public Works, Wastewater, Opened January 17, 2023 RECOMMENDATION: Staff recommends the award of bid IFB4090 to Don Schnieders Excavating Company of Jefferson City, Missouri for the Westview Forcemain Replacement project. All bids were reviewed and evaluated. Five bids were received and Don Schnieders Excavating Company was the low bid. The Department recommends awarding DonSchnieder's bid of $325,918.00. BIDS RECEIVED: Don Schnieders Excavating, Jefferson City, MO GWH Landscape Contracting LLC, Jefferson City, MO Lamke Trenching & Excavating, Inc., MarthasviIle, MO Ryan Construction Company, LLC, Columbia, MO Twehous Excavating Co., Jefferson City, MO Bid Amount $325,918.00 $437,961.77 $483,146.00 $427,925.00 $396,058.50 This bid was advertised in the News Tribune on 12/18/2022 and posted on Bonfire. Bid notifications were sent to 3,078 vendors and had 34 document takers. FISCAL NOTE: Account Number Description FY 2023 Budget Expended or Encumbered Amount Bid Amount Balance 64-990-579891 Basin 10-Westview PS Upgrade, Wastewater Funds $433,486.82 $26,347.96 $325,918.00 $81,220,86 Bid Total $325,918.00 ATTACHMENTS — SUPPORTING DOCUMENTATION Signature. Pu rQ1 asing Agent / 1/25/23 110-1 #0-2 Item Description Mobilization Connect to Existing Forcemain 10 -inch C900 #0-3 Forcemain 110-4 Concrete Driveway Total Cost Unit of Quantity Measure Required LS 1 Don Schnieders Excavating Company $ 325,918.0 Unit Price 514,500.00 Total Cost $14,500.00 EA 2 1 56,000.00 512,000.00 IF 1337 SY 125 Concrete Pavement #0-5 Residential SY Concrete Pavement #0-6 Arterial SY Sidewalk #0-7 Replacement SY Concrete Encasement #0-8 (Pipe) LF 110-9 Locator Box installed EA Creek Bank #0-10 Protection SY Traffic Control: #0-11 Scruggs Station LS #0-12 Rock Excavation CY Fill Sewer to be #0-13 abandoned CY #0-14 Erosion Control l5 Curb and Gutter #0-15 Replacement LF #0-16 Sod SY 5113 5151,081.00 5185 523,125.00 70 5185 512,950.00 30 1 $275 $8,250.00 43 $118 $5,074.00 25 5104 $2,600.00 4 $345 51,380.00 190 $45 58,550.00 1 58,250.00 $8,250.00 40 5275 511,000.00 79 $322 1 523,200.00 GWH Landscaping Contracting LLC $ 437,961.77 Unit Price 551,632.00 Total Cost $51,632.00 $4,176.00 58,352.00 $209.05 5100.88 $279,499.85 512,610.00 $162.68 $11,387.60 $168.93 55,067.90 $104.44 54,490.92 5100 $2,500.00 5100 $400 546.82 $8,895.80 $6,800.00 $6,800.00 $180 $7,200.00 525,438.00 5169 513,351.00 $23,200.00 511,900.00 $11,900.00 30 $164 $4,920.00 $62.49 51,874.70 800 517 513,600.00 515 $12,000.00 Lamke Trenching & Excavating, Inc $ 483,146.0 Unit Price 565,000.00 Total Cost 565,000.00 511,250.00 522,500.00 $180 $240,660.00 $160 $20,000.00 5136.20 $264 $234 $220 $325 $115 59,534.00 $7,920.00 510,062.00 55,500.00 $1,300.00 521,850.00 $9,800.00 59,800.00 5300 512,000.00 5200 515,800.00 515,600.00 515,600.00 $114 $3,420.00 $27.75 $22,200.00 Ryan Construction Company, LLC $ 427,925.0 Unit Price 527,500.00 Total Cast 527,500.00 512,500.00 525,000.00 5200 5267,400.00 $120 515,000.00 $120 $8,400.00 5150 54,500.00 5125 55,375.00 580 52,000.00 $300 51,200.00 $75 514,250.00 57,500.00 57,500.00 5250 510,000.00 $200 $15,800.00 55,000.00 55,000.00 5100 $3,000.00 $20 $16,000.00 1 Twehous Excavating Co $ 396,058.5 Unit Price $14,400.00 Total Cost $14,400.00 59,800.00 519,600.00 5176.50 $235,980.50 $95 $11,875.00 $95 $6,650.00 $118 53,540.00 5166 57,138.00 $115 $2,875.00 $430 $1,720.00 5100 519,000.00 $2,250.00 $2,250.00 $260 510,400.00 $290 522,910.00 510,000.00 510,000.00 $44 51,320.00 $33 526,400.00 Department of Public Works Memorandum 320 E. McCarty Street • Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www jeffcitymo.orq Date: January 20, 2023 To: Leigh Ann Corrigan, Purchasing Agent From: Eric Seaman, Wastewater Division Director Subject: Project No. 31188 — Westview Pump Station Replacement Project — Bid No. IFB4090 Public Works has completed a review of the bids opened at 1:30 P.M. on January 17, 2023 for the above noted project. Based on our review, we recommend acceptance of the low alternate bid by Don Schnieders Excavating Company, Inc. The total amount of the contract will be $325,918.00. The project will be expensed as follows from approved FY22-23 Budget Don Schnieders Excavating Company, Inc. ($325,918.00) Account Available Required Remaining 64-990-579891 $326,802.86 $325,918.00 $884.86 If you need any other information please feel free to contact me at extension 6443. cc: Project file Writer's file FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 1FB4090 — Project 31188, Westview Forcemain Replacement Public Works, Wastewater, Opened January 17, 2023 RECOMMENDATION: Staff recommends the award of bid IFB4090 to Don Schnieders Excavating Company of Jefferson City, Missouri for the Westview Forcemain Replacement project. All bids were reviewed and evaluated. Five bids were received and Don Schnieders Excavating Company was the low bid. The Department recommends awarding DonSchnieder's bid of $325,918.00. BIDS RECEIVED: Don Schnieders Excavating, Jefferson City, MO GWH Landscape Contracting LLC, Jefferson City, MO Lamke Trenching & Excavating, Inc., MarthasviIle, MO Ryan Construction Company, LLC, Columbia, MO Twehous Excavating Co., Jefferson City, MO Bid Amount $325,918.00 $437,961.77 $483,146.00 $427,925.00 $396,058.50 This bid was advertised in the News Tribune on 12/18/2022 and posted on Bonfire. Bid notifications were sent to 3,078 vendors and had 34 document takers. FISCAL NOTE: Account Number Description FY 2023 Budget Expended or Encumbered Amount Bid Amount Balance 64-990-579891 Basin 10-Westview PS Upgrade, Wastewater Funds $433,486.82 $26,347.96 $325,918.00 $81,220,86 Bid Total $325,918.00 ATTACHMENTS — SUPPORTING DOCUMENTATION Signature. Pu rQ1 asing Agent / 1/25/23 110-1 #0-2 Item Description Mobilization Connect to Existing Forcemain 10 -inch C900 #0-3 Forcemain 110-4 Concrete Driveway Total Cost Unit of Quantity Measure Required LS 1 Don Schnieders Excavating Company $ 325,918.0 Unit Price 514,500.00 Total Cost $14,500.00 EA 2 1 56,000.00 512,000.00 IF 1337 SY 125 Concrete Pavement #0-5 Residential SY Concrete Pavement #0-6 Arterial SY Sidewalk #0-7 Replacement SY Concrete Encasement #0-8 (Pipe) LF 110-9 Locator Box installed EA Creek Bank #0-10 Protection SY Traffic Control: #0-11 Scruggs Station LS #0-12 Rock Excavation CY Fill Sewer to be #0-13 abandoned CY #0-14 Erosion Control l5 Curb and Gutter #0-15 Replacement LF #0-16 Sod SY 5113 5151,081.00 5185 523,125.00 70 5185 512,950.00 30 1 $275 $8,250.00 43 $118 $5,074.00 25 5104 $2,600.00 4 $345 51,380.00 190 $45 58,550.00 1 58,250.00 $8,250.00 40 5275 511,000.00 79 $322 1 523,200.00 GWH Landscaping Contracting LLC $ 437,961.77 Unit Price 551,632.00 Total Cost $51,632.00 $4,176.00 58,352.00 $209.05 5100.88 $279,499.85 512,610.00 $162.68 $11,387.60 $168.93 55,067.90 $104.44 54,490.92 5100 $2,500.00 5100 $400 546.82 $8,895.80 $6,800.00 $6,800.00 $180 $7,200.00 525,438.00 5169 513,351.00 $23,200.00 511,900.00 $11,900.00 30 $164 $4,920.00 $62.49 51,874.70 800 517 513,600.00 515 $12,000.00 Lamke Trenching & Excavating, Inc $ 483,146.0 Unit Price 565,000.00 Total Cost 565,000.00 511,250.00 522,500.00 $180 $240,660.00 $160 $20,000.00 5136.20 $264 $234 $220 $325 $115 59,534.00 $7,920.00 510,062.00 55,500.00 $1,300.00 521,850.00 $9,800.00 59,800.00 5300 512,000.00 5200 515,800.00 515,600.00 515,600.00 $114 $3,420.00 $27.75 $22,200.00 Ryan Construction Company, LLC $ 427,925.0 Unit Price 527,500.00 Total Cast 527,500.00 512,500.00 525,000.00 5200 5267,400.00 $120 515,000.00 $120 $8,400.00 5150 54,500.00 5125 55,375.00 580 52,000.00 $300 51,200.00 $75 514,250.00 57,500.00 57,500.00 5250 510,000.00 $200 $15,800.00 55,000.00 55,000.00 5100 $3,000.00 $20 $16,000.00 1 Twehous Excavating Co $ 396,058.5 Unit Price $14,400.00 Total Cost $14,400.00 59,800.00 519,600.00 5176.50 $235,980.50 $95 $11,875.00 $95 $6,650.00 $118 53,540.00 5166 57,138.00 $115 $2,875.00 $430 $1,720.00 5100 519,000.00 $2,250.00 $2,250.00 $260 510,400.00 $290 522,910.00 510,000.00 510,000.00 $44 51,320.00 $33 526,400.00 Department of Public Works Memorandum 320 E. McCarty Street • Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www jeffcitymo.orq Date: January 20, 2023 To: Leigh Ann Corrigan, Purchasing Agent From: Eric Seaman, Wastewater Division Director Subject: Project No. 31188 — Westview Pump Station Replacement Project — Bid No. IFB4090 Public Works has completed a review of the bids opened at 1:30 P.M. on January 17, 2023 for the above noted project. Based on our review, we recommend acceptance of the low alternate bid by Don Schnieders Excavating Company, Inc. The total amount of the contract will be $325,918.00. The project will be expensed as follows from approved FY22-23 Budget Don Schnieders Excavating Company, Inc. ($325,918.00) Account Available Required Remaining 64-990-579891 $326,802.86 $325,918.00 $884.86 If you need any other information please feel free to contact me at extension 6443. cc: Project file Writer's file CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT made and entered into the date iast executed by a party as indicated below, by and between Don Schnieders Excavating Company INC. hereinafter referred to as "Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City". WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No. 31188, Westview Forcemain Replacement. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to provide all labor, equipment, hardware and supplies to perform the work included in the project entitled "Westview Forcemain Replacement" in accordance with the plans and specifications on file with the Department of Public Works. 2. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amount stated in the bid of Contractor dated January 17, 2023 which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Three Hundred Twenty -Five Thousand Nine Hundred Eighteen Dollars and Zero Cents ($325,918.00). 3. Manner and time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within 90 calendar days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten (10) days after the date of this contract. 4. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 29, Section 026, Cole County rates as set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent of the Jefferson City Finance Department each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City One Hundred Dollars ($100.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 5. Insurance. (a) The Contractor shall obtain and maintain during the term of the Project and this Contract the insurance coverages at least equal to the coverages set forth in this paragraph 7, and as further provided in the General Conditions, but no event less than the individual and combined sovereign immunity limits established by Section 537.610 R.S.Mo. Insurance policies providing required coverages shall be with companies licensed to do business in the State of Missouri and rated no less than AA by Best or equivalent. All costs of obtaining and maintaining insurance coverages are included in the Bid Amount and no additional payment will be made therefor by the City. Comprehensive General Liability Insurance (including coverage for Bodily Injury and Property Damage) Comprehensive Automobile Insurance (including coverage for Bodily Injury and Property Damage) Employer's Liability Liability $500,000 per occurrence $3,000,000 aggregate $500,000 per occurrence $3,000,000 aggregate $3,000,000 bodily injury by accident (each accident) $3,000,000 bodily injury by disease (each employee) $3,000,000 bodily injury policy limit (b) Worker's Compensation - In addition, the Contractor and all subcontractors shall provide Worker's Compensation Insurance in at least statutory amounts for all workers employed at the Project site. (c) Builder's Risk - The Contractor shall also provide a policy of Builder's Risk Insurance in the amount of 100% of the complete insurable value of the Project, which policy shall protect the Contractor and the City, as their respective interests shall appear. (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than the individual and combined sovereign immunity limits established by Section 537.610 R.S.Mo., except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Before commencing any work, the Contractor shall provide to the City certificates of insurance evidencing the issuance and maintenance in force of the coverages required by this paragraph 4. Each such certificate shall show the City, and such other governmental agencies as may be required by the City to be insured by underlying grant or contract relating to the Project, as an additional insured, and shall bear an endorsement precluding cancellation of or change in coverage without at least thirty (30) days written notice to the City. The City may waive any insurance coverages or amounts required by this paragraph 4 when the City deems such waiver to be in the interest of the public health, safety, and general welfare. (f) Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. (g) Scope of Insurance and Special Hazard. The insurance required under Sub -paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 6. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. Liquidated Damages. The Contractor agrees and acknowledges that time is of the essence of this Agreement and that delay in the prosecution of the Work and the Project will inconvenience the public and increase administrative costs of the City, the costs of which the Contractor and the City are incapable of ascertaining at this time. Should the Contractor, or in the case of Contractor's default, the surety, fail to complete the Work within the time stipulated in this Agreement, or within such extension of time as may be allowed by the City in the manner set forth in the Contract Documents, the Contractor (or surety, as applicable) shall pay to the City as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) for each calendar day that the Work remains uncompleted after the time allowed for the completion, including approved extensions. In the sole discretion of the City, the amount of the liquidated damages may be deducted from any money due the Contractor under this Agreement. Permitting the Contractor to finish the Work or any part thereof after the expiration of the time for completion or any approved extension, shall in no way operate as a waiver of the City of any of rights under this Contract. 8. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 9. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 8, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, City ordinances, and state and federal laws. 10. Indemnity To the fullest extent permitted by law, the Contractor agrees to defend with counsel selected by the City, and defend, indemnify and hold harmless the City, its officers, engineers, representatives, agents and employees from and against any and all liabilities, damages, losses, claims or suit, including costs and attorneys' fees, for or on account of any kind of injury to person, bodily or otherwise, or death, or damage to or destruction of property, or money damages, or trespass, or any other circumstances, sustained by the City or others, arising from the Contractor's breach of the Contract or out of services or products provided by the Contractor or its subcontractors under the terms of this agreement. The Contractor shall not be liable for any loss or damage attributable solely to the negligence of the City. To the extent required to enforce this provision, the Contractor agrees that this indemnification requires the Contractor to obtain insurance in amounts specified in the Contract Documents and that the Contractor has had the opportunity to recover the costs of such insurance in the compensation set forth in this Agreement. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. The Contractor shall reimburse to the City any costs and attorneys' fees that the City may reasonably incur in pursuit of any remedies at law or equity or enforcement of any rights established in this Contract, which may result from the Contractor's breach of the Contract, the Contractor's failure to perform any obligation or requirement contained herein, or the City's enforcement of this Contract. 11. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to ensure the payment of all materials and labor used in the performance of this contract. 12. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 13. Performance and Materialman's Bonds Required. Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid. 14. Knowledge of Local Conditions. Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications and has fully considered such local conditions in making its bid herein. 15. Severability. If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 17. Contract Documents. The contract documents shall consist of the a. b. c. d. e. This Contract Addenda Information for Bidders Notice to Bidders Signed Copy of Bid following: f. General Provisions g. Special Provisions h. Technical Specifications i. Drawing and/or Sketches This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 18. Complete Understanding, Merger. Parties agree that this document including those documents described in the section entitled "Contract Documents" represent the full and complete understanding of the parties. This contact includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City. 19. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. 20. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whomsoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 21. Waiver of Breach . Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 22. Assignment. Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express consent of the remaining party. 23. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 24. Illegal Immigration. Prior to commencement of the work: A. Contractor 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. B. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services Contractor agrees in the performance. C. If contractor is a sole proprietorship, partnership, or limited partnership, contractor shall provide proof of citizenship or lawful` presence of the owner prior to issuance of the Notice to Proceed. 25. OSHA Training Prior to commencement of the work: A. Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on -site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program. B. All employees subject to this provision are required to complete the program within sixty days of beginning work on such construction project. C. Any employee, agent or subcontractor of the Contractor subject to this provision found on the worksite without aocurnentation of the successful completion of the course shall be afforded twenty days to produce such documentation after which time they shall be removed from the project. D. If Contractor fails the provisions of subsection A. h, or C, the Contractor shall forfeit as a penalty two thousand five hundred dollars plus an additional one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period in subsections B or C, whichever is applicable, of this section have elapsed. E. The City shall withhold and retain from any amount due under the contract, all sums and amounts due and owing as a result of any violation of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor, sufficient sums to cover any penalties the City has withheld from the contractor resulting from the subcontractor's failure to comply with the terms of this section. 26. Transient Employers. Every transient employer, as defined in section 285.230, RSMo, enclosed in the laws section, must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: (1) The notice of registration for employer withholding issued to such transient employer by the director of revenue; (2) Proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the department of revenue through the records of the division of workers' compensation; and (3) The notice of registration for unemployment insurance issued to such transient employer by the division of employment security. Any transient employer failing to comply with these requirements shall, under section 285.234, RSMo, enclosed in the laws section. be Iiabie for a penalty of $500 per day until the notices required by this section are posted as required by that statue. 27. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Department of Public Works, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at 1307 Fairgrounds Road, Jefferson City, MO 65109. The date of delivery of any notice shall be the second full day after the day of its mailing. CITY OF JEFFERSON CONTRACTOR Mayor: Carrie Tergin Title: Date: Date: ATTEST: ATTEST: City Clerk Title: APPROVED AS TO FORM: CITY ADMINISTRATOR: BILL SUMMARY BILL NO: 2022-106 SPONSOR: Councilmember Lester SUBJECT: Final Subdivision Plat of TC3C Subdivision (Planning & Zoning Commission Case No. P23004) DATE INTRODUCED: February 6, 2023 DEPARTMENT DIRECTOR(S): /s Staff Recommendation: Approve. Summary: Standard ordinance approving and accepting a final subdivision plat. Origin of Request: Property Owner through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS /Eric Barron Background Information: This bill would replat 6 existing vacant lots located along Marshall Street and Roland Street into 10 lots. The property is zoned RS -4 Single Family Residential. The purpose of the request is to pursue development of 10 single family residential houses. No new streets are proposed as a part of the Final Subdivision Plat and utilities exist in the vicinity. Please see attached Planning and Engineering Division staff reports for more information. Planning and Zoning Commission Review. The Planning and Zoning Commission reviewed the Anal Subdivision Plat at their meeting of January 12, 2023. The motion to recommend approval to the City Council PASSED on a vote of 7 in favor, 0 against. Public Comment Received. No public comment has been received to date. Fiscal Information: $400.00 in application fees were received. Planning and Zoning Recommendation: Approve. BILL NO. 2022-106 SPONSORED BY Councilmember Lester ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF TC3C SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. WHEREAS, Zeal Enterprise, LLC, owner of the real estate hereinafter described, having submitted to the City Council a plat of said real estate, being located in Jefferson City, Cole County, Missouri, and described as: All of Lots B, C, D, E, F, and G of REPLAT OF PART OF ROLAND L. WIGGINS SUBDIVISION, as per plat of record in Plat Book 12, page 114, Cole County Recorder's Office. Containing in all 1.88 acres; and WHEREAS, it appears that said plat has been fully and properly signed and accepted by the owner of said subdivision, known and referred to as TC3C Subdivision, that all taxes have been paid, that in all respects the requirements of Chapter 445, RSMo, entitled "Plats" have been fully complied with by the owner of said subdivision, and that in all respects the requirements of the Planning and Zoning Commission of the City of Jefferson, Missouri, relating to plats and subdivisions have been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. That the Final Subdivision Plat of TC3C Subdivision, lying, being and situated within the corporate limits of the City of Jefferson, Missouri, as shown by the said plat attached hereto and made a part of this ordinance, is hereby approved and accepted by the City Council of the City of Jefferson, Missouri. Section 2. The Mayor and City Clerk are hereby authorized and directed to endorse acceptance of said plat hereon and to certify approval of said plat under the City of Jefferson seal. Section 3. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer ATTEST: Mayor Carrie Tergin APPROVED AS TO FORM: City Clerk City At rney SITE LOCATION MAP r Lo:ilitiniY 2ir x MOW % 4.22 22 O. IAAPLIV . 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WIGGINS SUBDIVISION AS PER PLAT OF RECORD IN PLAT BOOK 12, PAGE 114 BEING A PART OF THE NORTHEAST QUARTER SECTION 18, TOWNSHIP 44 NORTH, RANGE 11 WEST JEFFERSON CITY, COLE COUNTY, MISSOURI ZONED: RS -4 AREA: 1.88 ACRES PROYERIY BOUNDARY DESCR11R10N N ofleo a,.-• 11,02 O d& EI oe MPS P MuwLosr1M3NOgev6O,415w pad maa a 021 bet IL pp 112. fde Conte a.rM4. Me. eeewrn w 4.1104. kow.caa, aMTP r41Pwd.o •wlw+rsw101ww, es pee pm dnr4. a PM 1.111;..1.11411 *,0, rRr 50101... OVINE." CERIIPIGTE wwr4w.t .r ma w WlM& w* O.neh meow. d Meson. Me Memo *sag. wed" 4.breve* .p.oe Dem.*, a.m lama ewe.wto be n.1.emoneyed end ,.4&0 11242. a51D54.1.01P. ex me. pep. .Ire aM P,mww aw b4. pr x M. 0 4.,e.0e.,441r4wpw11Ca wm.aarrOaNOMpmr.Wrrp Oeee pewee to.`ewutsow wvd 14.4444/ ,1000. M. 1+6.4.2 .Sett 24 4..20750 1.022 P Cole. qd Je-•aey 541$ Wen meneomeW peewee a,,,IPey4.14014 rwnyeed re110Me.ww1244 we imam 0 ko.n poem 4.M .In e,pd4. O.1aeN%1042n.e1 r 0e Meager of 4.40 [meNb1 Ilk 1 anpei,WrvOmmnr. 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(11 e4 rot: em1 .1 Cif 5.61 97-133 0L501L Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12, 2023 5:15 p.m. COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Gregory Butler Emily Fretwell Hank Vogt Treaka Young Jacob Robinett Sara Michael, Alternate COMMISSION MEMBERS ABSENT Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner Sonny Sanders, Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Jason Turner, Division Chief JCFD ATTENDANCE RECORD 7 of 7 7 of 7 4 of 7 6 of 7 7 of 7 6 of 7 5 of 7 1 of 1 6 of 7 6 of 7 0 of 2 1 of 2 Guests: Paul Samson with Central Missouri Professional Services, Council Members Laura Ward and Scott Spencer, Timothy A Joseph, Jeff and Jane Schaeperkoetter, Jacob Brooke, Lois Hogan, Teresa Tolksdorf, Joe Scheppers, Jay and Kim Fischer, and Carolyn McDowell. Case No. P23004 — 1000 Block of Marshall St., Final Subdivision Plat of TC3C Subdivision. Request filed by Zeal Enterprise, LLC, property owner, for a Final Subdivision Plat for 1.88 acres proposing creation of 10 lots. The property is zoned RS -4 Medium Density Residential and is located on the Marshall Street cul-de-sac 250 feet north of East Franklin Street and with frontage also on Roland Street and is described as Part of the Northeast Quarter Section 18, Township 45 North, Range 11 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss stated the applicants are requesting a final subdivision plat that would replat 1.88 acres from six existing lots into 10 new lots to be used for single family residential uses. Paul Samson with Central Missouri Professional Services (CMPS), representing property owner Zeal Enterprises, LLC, presented the case. The purpose of the replat of the subdivision is to create ten single family residential lots out of the existing six lots. The property is zoned RS -4 which has a minimum lot frontage of 60 feet. The proposal is to take the existing two lots on Roland Street and divide into three lots and divide the four lots on Marshall Street into seven lots. The intent is to build smaller homes with single family garages. All of the existing infrastructure is in place, no new streets are proposed. Utilities are on site including stormwater, sanitary sewer, water and electric. Ms. Bliss stated lot size dimensions were looked at, for the RS -4 district the minimum lot size acreage is 6,000 square feet and the lot width is a minimum of 50 feet, these lots are in compliance with the zoning code requirements. A fire hydrant exists along Roland Street, but the applicant will need to comply with the requirement of the fire code for fire hydrant placement on Marshall Street. Staff recommends approval of the final plat with the conditions that technical comments by city staff be addressed and a finalized plat be submitted prior to City Council. Mr. Wade advised infrastructure does exist in the vicinity, utilities appear to be in order other than the fire hydrant on Marshall Street. Minor comments have been sent back to the consultant for the final resubmittal. The plat, as presented, is in good order and the engineering division recommends approval. Ms. Quigg moved and Mr. Robinett seconded a motion to recommend approval to the City Council of the requested final subdivision plat of TC3C Subdivision with the following conditions: a. Address technical comments from city staff. b. Submittal of finalized and signed plat prior to introduction to City Council. The motion passed 7-0 with the following votes: Aye: Butler, Fretwell, Michael, Quigg, Robinett, and Vogt, and Young. Nay: None Jefferson City Planning & Zoning Commission January 12, 2023 Case No. P23004 1000 Block of Marshall Street Zeal Enterprise, LLC Final Subdivision Plat City ©f Jefferson Planning & Zoning Commission LOCAL" . N MAP Case No, P23004 WOO Block of Marshall Street Final' Subdivision Fiat s SIIO Feat E. City of Jefferson Pi . caning and Zoning Commission VICINITY Case No. P23004 1000 BFc ck of Marshall Street Final Subdivision Plat N 0 85 Rao} 340 Feet PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12, 2023 Case No. P23004 —1000 Block of Marshall St., Final Subdivision Nat of TC3C Subdivision. Request filed by Zeal Enterprise, LLC, property owner, for a Final Subdivision Plat for 1.88 acres proposing creation of 10 lots. The property is zoned RS -4 Medium Density Residential and is located on the Marshall Street cul-de-sac 250 feet north of East Franklin Street and with frontage also on Roland Street and is described as Part of the Northeast Quarter Section 18, Township 45 North, Range 11 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Description of Proposal A request was filed for a final subdivision plat. Given the name TC3C Subdivision, this final subdivision plat would consist of 1.88 acres currently zoned RS -4 Medium Density Residential. The final subdivision plat would replat 6 existing lots into 10 new lots to be used for single family residential units. Review and Approval Process Final subdivision plats are reviewed in accordance with Chapter 33 The Subdivision Code and Chapter 35 Zoning Code with recommendation from the Planning and Zoning Commission and final decision by the City Council. Staff Analysis Current zoning designation of RS -4 requires the subdivision to comply with density and dimensional standards of that particular district. This includes lot size and width specifications. The RS -4 district requires a minimum net lot area 6,000 square feet and minimum lot width of 50 feet. Final Subdivision Plat request - information for consideration: Proposed Subdivision Name: TC3C Subdivision Total Acreage: 1.88 acres. Number of Lots: 10 proposed lots Lot Sizes: Lot 7 is proposed to be the largest at approximately 11,571 square feet and Lot 10 is proposed to be the smallest at approximately 6,458 square feet. Sidewalks: Existing sidewalk is located along Roland Street and the northern side of Marshall Street, ending at the cul-de-sac. Streets: No new streets are proposed. Utilities: Utilities exist in the vicinity. Fire Hydrant: Fire hydrants exist on Roland Street with proper spacing. A fire hydrant will likely need to be installed on Marshall Street to serve the proposed lots. Staff Recommendation The proposed final subdivision plat has been reviewed with respect to applicable City Code requirements such as those laid out in Chapter 33 The Subdivision Code and Chapter 35 Zoning Code. Technical comments from staff will need to be addressed. Staff recommended approval of the final plat of TC3C Subdivision with the condition that technical comments by city staff be resolved. Form of Motion 1. Motion to recommend approval to the City Council of the requested final Subdivision plat of TC3C Subdivision with the following conditions: a. Address technical comments from city staff. b. Submittal of finalized and signed plat prior to introduction to City Council. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, January 12, 2023, 5:15pm Item 6. — New Business/ Public Hearings Case No. P23004 — Re -Plat/ Final Plat of TC3C Subdivision, 1000 block of Marshall Street (RS -4) ENGINEERING STAFF RECOMMENDATION - Recommend approval. Existing Infrastructure Summary • Public infrastructure exists in the vicinity. • Storm water facilities exist in the vicinity. • Sanitary sewer facilities exist in the vicinity. • Streets are existing in the vicinity. • Sidewalk exists for this subdivision. • A street light exists for this subdivision. • Utilities will need to be checked, to see if adequate facilities are in place to serve these proposed lots. It does not appear that any fire hydrants are present in the vicinity of the cul-de-sac. Technical Review of the Plat • A few very minor technical review comments for the plat have been sent back to the consultant for consideration. These comments will need to be addressed prior to consideration of the plat by the City Council. The plat as presented is in good order. cagy of Jeefaason Departrnon2 of Planning is: Protective Services 320 s. McCarty Street Jefferson City, MO 53101 Phone: 573-6344410 ic-, irasv.ke. rfT[ citym antra vvudw jeffersoncilymo.gov APPLICATION FOR SUBDIVISION PLAT The orld'ersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Mii'sso+uri for the following type of subdivision: Preliminary Pfa3 X Final Plat 1. Name of Subdivision: TC3C SUBDIVISION 2_ General location: WOO BLOCK OF MARSHALL ?. Existing!Proposed zoning: RS -4 4. ExistingJPaoposed use of the property: Single Family R'esi lel:t6at 5. Size of tire properly in acres: 1.88 Acres 15. 'Total number—anumber-a lots pvirpased: )U 7. Description deny to the Subdivision Reg #aficsis being requested {please nate seclian number of the regulation below and attach a fetter siatinn gjialstific.EVora for Vile variance(s): None. 8.. Application filing fee: $ 440.00 9. Signatures: Zeal Enterprise, tl.LC - Tim Joseph Pretimanavy flat =:$5115+ $ tJot_J4inor Revision = $250 +$5 per lot Final. Plat =$.160 r + $:5 errot lid P.rreliminary Plat (Reu£secil lolly 1„ze ------ti 4 Property Owner Name (type or print) Paul Samson, PE Engineer Maine (type or. print) Date 1 Brian Rockwell Surveyor Name (type or print) Properly Q .er Sigma "Date elm .}yon: Signature Engineer Signature /2 ',z 12/7/Zg Date Contact persi for ttli'Sapplication: Name: Pad Samson - CMPS Phone Wi[mber: 573-634-3455 mss.: 2'500 E. McCarty 5t Jefferson City, MO 8101 Efirteilt psarmson Imps-inc.com For Staff Ilse On1t : Attachments — Variance request lefler Notes: 14de+ameA docemeritatiorr forfiVeruaisshouitfcorrfacYtheADACaordinafora((573¢634.657(1 rargneefaccasurrrocralionsoraltemativeformalsasrequiredundertheAnaa arcs. mit Disabilities Act. Please allow three business days, 16 process Ole receesf_ Paget of 5 RESOLUTION SUMMARY RESOLUTIOIN NO: RS2022-43 SPONSOR: Councilmember Schreiber SUBJECT: Cole County and City of Jefferson Integrated Computer Aided Dispatch Intergovernmental Agreement DATE INTRODUCED: February 20, 2023 DEPARTMENT DIRECTOR(S): 444 CITY ADMINISTRATOR: ,AC-- , the---,/ Staff Recommendation: Approve. Summary: Approves an Agreement with Cole County governing the implementation, maintenance, and enhancements of an Integrated Computer Aided Dispatch (CAD) System to ensure prompt and efficient delivery of service. Origin of Request: Police Department Department Responsible: Police Department PERSON RESPONSIBLE: ERIC WILDE, Chief of Police Background Information: Authorizes the Mayor to execute an Agreement with Cole County for an Integrated Computer Aided Dispatch (CAD) System. Fiscal Information: No Fiscal Impact RESOLUTION RS2022-43 Sponsor: Councilmember Schreiber A RESOLUTION AUTHORIZING THE CITY TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH COLE COUNTY FOR AN INTEGRATED COMPUTER AIDED DISPATCH (CAD) SYSTEM WHEREAS, the City operates the Jefferson City Central Communications Center, which provides emergency telecommunication services for the Jefferson City Police Department, Jefferson City Fire Department, Cole County Sheriff's Department, Cole County EMS, and Cole County Fire Protection Districts; and WHEREAS, the County operates the Cole County EMS Emergency Communications Center which provides Emergency Medical Dispatch services for Cole County Emergency Medical Services; and WHEREAS, the City and County desire to share in the implementation, maintenance, and enhancements of an Integrated Computer Aided Dispatch (CAD) System comprised of computer hardware and software solutions, to ensure prompt and efficient delivery of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, that the Agreement between Cole County and the City of Jefferson attached hereto as Exhibit A is approved and the Mayor and City Clerk are authorized to execute the same. Adopted this 20th day of February, 2023 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City Attorney COLE COUNTY AND CITY OF JEFFERSON INTEGRATED COMPUTER AIDED DISPATCH INTERGOVERNMENTAL AGREEMENT This Agreement is entered into this day of , 2023, by and between the County of Cole, (hereinafter "County") and the City of Jefferson City, (hereinafter "City"). WITNESSETH: WHEREAS, The City operates the Jefferson City Central Communications Center, which provides emergency telecommunication services for the Jefferson City Police Department, Jefferson City Fire Department, Cole County Sheriff's Department, Cole County EMS, and County Fire Protection Districts. WHEREAS, the County operates the Cole County EMS Emergency Communications Center which provides Emergency Medical Dispatch services for Cole County Emergency Medical Services. WHEREAS, the City and County desire to share in the implementation, maintenance, and enhancements of an Integrated Computer Aided Dispatch (CAD) System comprised of computer hardware and software solutions, to ensure prompt and efficient delivery of service. DEFINITIONS: a. Participant- Parties who retain rights to governance of the Integrated CAD system by paying for costs associated with procurement, enhancements, and annual maintenance. The initial Participants to this Agreement shall be the City of Jefferson, acting through the Jefferson City Police Department and Jefferson City Fire Department, and Cole County, acting through the Cole County Sheriff's Department and Cole County Emergency Medical Services. b. Computer Aided Dispatch (CAD) - Refers to a computer software and functional solution that fully automates the call-taking/dispatching functions for public safety agencies, and initiates and manages dispatch of associated incidents. c. Governance Committee- Refers to those Participants responsible for direction and oversight of the Integrated CAD System initiative as appointed through Attachment A of this Agreement. d. Network Infrastructure- Computers, server hardware, operating software, additional third -party network support software, and physical devices (i.e., back- up/recovery), physical wiring, data base support, Local or Wide Area Network (LAN or WAN) telecommunications support. 1 e. Common Equipment — Equipment that is required for the Participant function on the Joint CAD System. Common equipment includes but is not limited to client workstation monitors, local central processing units, gateways, routers, switches, and other peripherals located in the Communication Centers that are required under the agreement with the Selected Vendor. f. Selected Vendor- The vendor selected and approved by the Participants to provide an Integrated CAD solution. g. "Other Participants" shall mean one or more entities that may choose to enter into Intergovernmental Cooperation Agreements with the Participants to join the Integrated CAD System. NOW, THEREFORE, the Parties in consideration of the foregoing recitals and the mutual covenants and promises contained herein, hereby agree as follows: 1. TERM OF AGREEMENT: The effective date of this MOU is the date on which the last participating governing body executes the MOU. The MOU shall remain in effect until terminated as provided herein. 2. GOVERNANCE COMMITTEE: The Participants of this Agreement do hereby sanction the formation of The Integrated Computer Aided Dispatch (CAD) System Governance Committee. Referenced in brief throughout this document as "The Governance Committee" is established to oversee the implementation and execution of the Integrated CAD System and to provide recommendations to the Participants as necessary. The Governance Committee shall adhere to the bylaws established in Attachment A of this Agreement and made a part hereof. Participants of this agreement shall adhere to and abide by the decisions properly before the Governance Committee. 3. COSTS OF PROCUREMENT AND IMPLEMENTATION: All costs and responsibility for hardware, software, computer communications equipment, supplies, data conversion, and extraordinary coordination services not expressly identified herein are the responsibility of each individual Participant initiating the purchase. 4. COSTS OF MAINTENANCE: Each Participant shall be responsible for any cost associated with maintenance of their respective Common Equipment or annual service fees due to the Selected Vendor. 5. COST OF ENHANCEMENTS: In consideration of the rights and obligations of the parties as provided in this Agreement, each Participant agrees to pay the Selected Vendor for any one-time costs accrued from enhancements agreed upon by the Governance Committee. Such costs and enhancements are subject to final approval by each Participant's governing body. 6. TECHNICAL SUPPORT: The Participants shall each provide departmental personnel, or contractual personnel at their discretion and funding, to support the Integrated CAD 2 System and Network Infrastructure. The Participants shall each be responsible for maintaining and upgrading the computer hardware and associated operational software necessary to effectively and efficiently operate the Integrated CAD System and Network Infrastructure as determined by the Technical Sub -Committee. The Participants acknowledge that maintenance and upgrades are crucial to the Integrated CAD System and agree to use their best efforts to comply with the system demands. 7. TECHNICAL SUB -COMMITTEE: A Technical Support Sub -Committee shall be created before or during implementation of the first software module of the Integrated CAD System. The purpose of the Technical Sub -Committee shall be to provide recommendations for the efficient and effective operation of the Integrated CAD System and Network Infrastructure. The Committee is directly responsible to the Governance Committee and as such share in the charter of this Committee. Activities of the committee shall focus on, but not be limited to, the following as they relate to the Integrated CAD System: a. Identify and recommend resolution for outstanding functional or operational integration issues. b. Determine computer software enhancement recommendations and priorities. c. Identify and prioritize additional integration solution educational and training need. d. Resolve computer hardware and software functional and operational support concerns. e. Schedule third party computer software upgrades. f. Identify, recommend, and prioritize computer hardware and network upgrades. g. Resolve outstanding data and or user security issues related to the integrated solution. h. Document and present any unresolved issues to the Governance Committee for resolution. The Participants shall provide representative membership for the Technical Sub - Committee, with membership comprised as follows: a. One each shall be selected as a member from the Jefferson City Police Department, Jefferson City Central Communications, Jefferson City Fire Department, Cole County Sheriff's Department, Cole County EMS, Cole 3 County EMS Emergency Communications, Jefferson City IT, Cole County IT. 8. OWNERSHIP: The Participants shall own and hold in their possession all contracts, licenses, and agreements related to the Integrated CAD System. Third Party software and these contracts, licenses, and agreements shall be under individual ownership of the responsible Participants. The exchange of data as provided in this Agreement shall not constitute a transfer of title or interest in the Integrated CAD System computer software, the associated data, or other data provided by the Participants. If the Integrated CAD System data is modified or merged into another computer file or program by one of the Participants or is integrated with other programs or data to form derivative products, it shall continue to be subject to the provisions of this Agreement. The Participants shall retain ownership of the Integrated CAD System computer software, the associated data, and all such modified merged, derivative, or integrated programs or products. The Participants acknowledge and agree that they may collectively enter into negotiations with other Participants for the use of any or all Integrated CAD System third party software modules. Any and all agreements for the use of the Integrated CAD System third party software modules shall require an amendment to this agreement and a subsequent Intergovernmental Cooperation Agreement with the Other Participants for the use of this software. The Participants of this agreement shall then become signatories of the Intergovernmental Cooperation Agreement with the Other Participants. Any increased costs caused by the joining of Other Participants shall be bourn solely by the other Participant and so reflected in an Intergovernmental Cooperation Agreement with the other Participant. The Participants acknowledge and agree that their respective Joint CAD System computer network equipment, data and software backup computer equipment, network operating systems, desktop computer hardware, and mobile computing equipment shall be owned by the Participant where the physical equipment resides. The Participants acknowledge and agree that their respective Joint CAD System data may be provided to representatives of the City and County, without amendment or other negotiation, while in the duty of administering the laws of the land. It shall be the responsibility of the Governance Committee to ensure the City and County recipients of Joint CAD System data adhere to established privacy policies. The Participants acknowledge and agree that their respective Joint CAD System data may be provided by the Governance Committee to other Participants that have entered into Intergovernmental Cooperation Agreements with the Participants and, additionally, to third parties as indicated in this Agreement providing all recipients adhere to the established privacy policies. The Participants acknowledge and agree that their respective Joint CAD System data may be released though subpoena and or through an open records request in accordance 4 with the Missouri Sunshine law, Chapter 610 RSMo. It will be the responsibility of each Participant to immediately notify Participants of any such subpoena or FOIA request. Nothing in this agreement requires a Participant to violate the Missouri Sunshine Law. 9. SECURITY REQUIREMENTS: Participants agree to maintain and enforce security requirements for the Integrated CAD System. Each Participant is responsible for the internal security of its records and any technical support necessary to ensure security. 10. DISTRIBUTION OF JOINT CAD SYSTEM INFORMATION: The Joint CAD System computer software and associated data is to be solely retained and used by the Participants. In no instance, except as provided in Section 8 of this Agreement, is the Joint CAD System computer software or data to be sold, leased, copied, loaned, or transferred, in whole or in part, to other public agencies, private individuals, private entities, or non-profit entities. 11. REQUESTS FOR JOINT CAD SYSTEM DATA: The Participants hereby acknowledge and agree to notify the Governance Committee in the event it receives a request for Joint CAD System Data. 12. INSURANCE: Each Participant, at its sole cost and expense, shall carry insurance, or self -insure, for its activities in connection with this MOU, and obtain, keep in force, and maintain, insurance or self-insurance, for general liability, workers compensation, and business automobile liability adequate to cover its potential liabilities hereunder. Each Agency shall provide property insurance coverage for any equipment that it provides. 13. INDEMNIFICATION: Each Participant (the "Indemnifying Party") shall defend, indemnify and hold the other Participant and its trustees, directors, officers, employees, agents, and representatives (the "Indemnified Party") harmless from and against, any and all losses, costs, claims, demands, liabilities, damages, fines and penalties, including but not limited to those relating to investigations, actions, suits, proceedings and hearings and reasonable attorneys' fees and costs (collectively, "Damages") arising out of, related to, or caused by (i) any act of gross negligence or willful misconduct committed by officers, directors, agents, representatives or employees of the Indemnifying Party during the term of this Agreement, however, that Damages shall not include any amount resulting from the Indemnified Party's (A) act of gross negligence or willful misconduct, or (B) breach of, or failure of performance under, this Agreement. The Participants hereby acknowledge and agree that the respective parties of this agreement make no warranty to each other, express or implied, including the warranties of merchantability or fitness for a particular purpose regarding the integrated solution or the associated Integrated CAD System data delivered hereof, nor assumes any legal liability or responsibility for the accuracy, functioning, completeness, or usefulness thereof. 5 The Participants acknowledge and agree that the Integrated CAD software solution and associated data are subject to constant change and are shared by each as is, with all faults and without warranty of any kind as to its accuracy, completeness, or correctness. 14. STATUS AS INDEPENDENT CONTRACTOR: The relationship of the Participants is and will continue to be that of independent governmental entities. No liability or benefits, such as workers' compensation, pension rights, or insurance rights, arising out of or related to a contract for hire or employee/employer relationship accrues to the Participants by virtue of this Agreement. 15. DISPUTE RESOLUTION: Should any dispute arise between any of the Participants concerning the terms, conditions, or requirements of this Agreement, the parties will attempt to resolve the dispute through discussions and negotiations with the members of the Governance Committee. 16. TERMINATION AND SUSPENSION: This Agreement may be sooner terminated on the first to occur of the following: a. Either Party, in its sole discretion, may terminate this Agreement at any time, with 90 days' notice. b. In the event either party shall fail by omission or commission in any substantial manner to provide for the fulfillment of the obligations contemplated herein, this Agreement may be terminated upon notice to the other party and failure to cure such omission on commission within thirty (30) days of receipt of such notice specifying such failure to fulfill its obligations. 17. GOVERNING LAW: This Agreement has been executed and delivered in, and shall be interpreted, construed, and enforced pursuant to and in accordance with the laws of the State of Missouri. 18. ASSIGNMENT: No assignment of this Agreement or the rights and obligations hereunder shall be valid without the specific written consent of both parties hereto. 19. WAIVER OF BREACH: The waiver by either party of a breach or a violation of any provision of this Agreement shall not operate as, or be construed to be a waiver of any subsequent breach of the same or other provisions hereof. 20. SEVERABILITY: In the event any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of this Agreement which shall remain in full force and effect and enforceable in accordance with its terms. 6 2I. HEADINGS: The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 22. ENTIRE AGREEMENT: No oral statements or prior written material not specifically incorporated herein shall be recognized unless incorporated herein by amendment, such amendment(s) to become effective on the date stipulated herein. 23. AUTHORITY: The parties executing this Agreement represent that they the authority to enter into this Agreement on behalf of City and the County respectively. This Agreement shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals as of the date above first written. COUNTY OF COLE CITY OF JEFFERSON CITY By: Sam Bushman Presiding Commissioner Title: Attest: County Clerk 7 APPROVED AS TO FORM: -'City Counselor ATTACHMENT A: Governance Committee Bylaws This document supersedes all previous agreements, promises, representations, understandings, and negotiations, whether written or oral, among the parties with respect to the Governance Committee. The Intergovernmental Cooperation Agreement authorizes the formation of an Integrated CAD System Governance Committee, which shall be referenced throughout the remainder of this document as the "Governance Committee." This Committee is created to administer, facilitate, and promote the long-term success of the Integrated CAD System initiative for its Participants. 1. MEMBERSHIP: Within 30 days from the day of execution of this Intergovernmental Cooperation Agreement, the Jefferson City Chief of Police, The Jefferson City Police Department Support Services Division Commander, the Chief of Jefferson City Fire Department, the Sheriff of Cole County, the Chief of Cole County EMS, the Cole County IT Director, and the City of Jefferson IT Director, or designees shall form the Joint CAD System Governance Committee. 2. ORGANIZATIONAL STRUCTURE: The Jefferson City Chief of Police shall serve as the Governance Committee Chairman. All committee members shall share equal voting power. In instances of a tie vote, the Chairman shall cast the deciding vote. 3. MEETINGS: The Governance Committee will meet on an as needed basis as determined by its members. Such needs include conflict or impasse by the Technical Sub -Committee or Communications Staff during continued operations of the Integrated CAD System. Meetings shall not be conducted without a quorum being present, and a quorum consists of four (4) members (2 County and 2 City) and the Chairman. As issues are presented, each Governance Committee member (or their designated expert) shall be granted reasonable time to present their position related to the policy or issue at hand. The Chairman will call for a vote and each Governance Committee member will cast a single vote with no abstentions. A majority vote will be required for resolution of a policy or issue. These bylaws may be amended by unanimous approval between the Participants. They are created to ensure fair and equitable management of human and technical resources in support of the implementation and ongoing maintenance of the Integrated CAD System while providing dynamic resolution to outstanding functional and/or technical issues. 4. POWERS AND DUTIES: a. The formation and execution of procedures for the timely resolution of outstanding issues as presented by Participants or other Participants of the Intergovernmental Cooperation Agreement, the Technical Sub -Committee, and other governing and/or legislative bodies. 8 b. The formation and execution of procedures to evaluate enhancements or modification and make recommendations to the Participants for these enhancements or modifications to the Integrated CAD System software modules and or Network Infrastructure. c. To provide recommendations for computer hardware upgrades to the Participants. d. Providing a communication conduit for all Participants and other Participants; seeking internal top-level understanding and approval on controversial issues; and conveying the Integrated CAD System direction and decisions to all appropriate internal personnel. 9