HomeMy Public PortalAboutORD16360BILL NO. 2023-020
SPONSORED BY Councilmember Spencer
ORDINANCE NO. /1(09&0
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNITED
MECHANICAL SERVICES LLC, AIR CONDITIONING AND REFRIDGERATION
MAINTENANCE SERVICES.
WHEREAS, United Mechanical Services, LLC, has become the apparent best bidder
for Heating, Air Conditioning and Refrigeration Maintenance services.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of United Mechanical Services, LLC, is declared to be the
lowest and best bid and is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with United Mechanical Services, LLC for Heating, Air
Conditioning and Refrigeration Maintenance services.
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: �7 23
Presiding Officer
ATTEST:
Approved:
Mayor Ron itzwater
APPROVED AS TO FORM:
City At me
CITY OF JEFFERSON
HEATING, AIR CONDITIONING AND REFRIGERATION AGREEMENT
THIS AGREEMENT made and entered into the date last executed by a party as indicated below, by
and between the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City,"
and United Mechanical Services, LLC hereinafter referred to as "Contractor."
WHEREAS, the City of Jefferson, Missouri, is desirous of obtaining maintenance, repair and
replacement services for City heating, air conditioning and refrigeration units; and
WHEREAS, Contractor is willing to enter into this agreement with respect to their employment and
services upon the terms and conditions herein set forth.
NOW, THEREFORE, be it agreed as follows:
1. Scope of Services.
Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies
for the preventative maintenance, service, repairs, replacement or related work on City
heating, air conditioning and refrigeration systems which include the following City buildings
(any other location added by the City after the contract has commenced):
Police Department
401 Monroe Street, Jefferson City, MO
Water Pollution Control Plant
(All related buildings)
401 Old Mokane Road, Jefferson City, MO
Animal Control
919 E. Miller Street, Jefferson City, MO
Fire Museum
911 E. Miller Street, Jefferson City, MO
Collections System Maintenance
2320 Hyde Park Road, Jefferson City, MO
Fire Station No. 1
621 W. High Street, Jefferson City, MO
Fire Station No. 2 Fire Station No. 3
2935 E. McCarty Street, Jefferson City, MO 302 Rock Hill Road, Jefferson City, MO
Fire Station No. 4
820 Ellis Boulevard, Jefferson City, MO
Fire Station No. 5
1005 Fairgrounds Road, Jefferson City, MO
Jefferson City Memorial Airport
(All related buildings)
500 Airport Road, Jefferson City, MO
City Annex
427 Monroe Street, Jefferson City, MO
305 E. Miller Street, Jefferson City, MO
Fire Apparatus Building
2304Hyde Park Road, Jefferson City, MO
Parking Division
201 Madison Street, Jefferson City, MO
Street Division
2310 Hyde Park Road, Jefferson City, MO
Fire Drill Tower
915 E. Miller Street, Jefferson City, MO
John G. Christy Building Transit/Central Maintenance Facility
320 E. McCarty Street, Jefferson City, MO 820 E. Miller Street, Jefferson City, MO
Binder Park - Caretakers House Memorial Park Aquatic Center
5525 Henwick Lane, Jefferson City, MO 120 Binder Drive, Jefferson City, MO
- 1 -
Binder Park - Caretakers House
5518 Rainbow Drive, Jefferson City, MO
Binder Park - Caretakers House
5422 Rainbow Drive, Jefferson City, MO
Washington Park - Caretakers House
900 Indiana Street, Jefferson City, MO
Animal Control Shelter
2308 Hyde Park Road, Jefferson City, MO
Binder Campground - Bath House Washington Park Recreation Center
114 Campground Court, Jefferson City, MO 1203 Missouri Boulevard, Jefferson City, MO
Washington Park Maintenance Building
810 Myrtle Avenue, Jefferson City, MO
Parks Maintenance & Operations Center
935 Ellis Boulevard, Jefferson City, MO
Golf Course Maintenance & Operations Ctr
930 Ellis Boulevard, Jefferson City, MO
Historic House - Riverside Park
401 Ellis Porter Drive, Jefferson City, MO
McClung Park - Indoor Pavilion McClung Park - Little Theater Bldg.
931 McClung Park Drive, Jefferson City, MO 1005 Chestnut Street, Jefferson City, MO
Washington Park Ice Arena
(Non -Ice Related Equipment Only)
711 Kansas Avenue, Jefferson City, MO
Shikles Rec Center (LaSalette Building)
1200 Linden Drive, Jefferson City, MO
Oak Hills Golf Course Clubhouse
932 Ellis Boulevard, Jefferson City, MO
North Jefferson City Multipurpose Bldg.
810 Sandstone, Jefferson City, MO
Green Berry Acres Indoor Cabin
1915 Green Berry Road, Jefferson City, MO
Optimist Sports Complex
2000 Optimist Court, Jefferson City, MO
Street Division
901 E. Miller Street, Jefferson City, MO
Church Annex
415 Monroe Street, Jefferson City, MO
Binder Sports Complex Rest/Concession
280 S. Binder Lake Road, Jefferson City, MO
Contract Period.
This contract shall be in effect from the date of last executed signature for one (1) year. This
agreement shall automatically renew for two (2) additional one (1) year periods unless the City
provides Contractor a written notice of non -renewal at least thirty (30) days prior to the first
day of a renewal period.
3. Rates.
The City hereby agrees to pay Contractor for the work done pursuant to this contract according to
the payment rates set forth in Exhibit A.
4. Response Time.
Repair service is to be provided on same day the call is received or on next regular working
day. In the event emergency service is required after regular work day, Contractor will be
paid the overtime labor rate.
5. Normal and Overtime Work Hours.
Normal working hours are 8:00 a.m. to 5:00 p.m. on weekdays. Overtime hours are 5:00 p.m.
to 8:00 a.m. on weekdays. Saturday, Sunday and holiday hours are 12:00 a.m. to 11:59 p.m.
The quantity of work for which payment will be made will be for work man hours actually
performed at the site.
-2-
Payment for work hours will be paid for the quantity as above determined at the unit price
shown above, which price includes cost of labor, equipment normally associated with the type
of repair, travel, benefits, overhead, profit, insurance and else necessary therefor and
incidental thereto.
6. Payment.
Payment shall be made to Contractor by City on a monthly basis following the submission by
Contractor of an itemized, detailed statement of services rendered, which shall be presented
to the Finance Department of the City no later than the fifth (5th) day of the month following
rendition of the services.
7. Prevailing Wage Law.
To the extent that the work performed by Contractor is subject to prevailing wage law, the
Contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for
each craft or type of workman required to execute this contract as determined by the
Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210
through 290.340 inclusive, RSMo., Prevailing Wage is not required for any work under
$75,000.00 in aggregate cost. Work exceeding the $75,000.00 will be bid and will not be covered
under this agreement.
8. Prompt Payment.
The Contractor agrees to pay each subcontractor under this contract for satisfactory
performance of its contract no later than thirty (30) days from receipt of payment the
Contractor receives from the City. The Contractor further agrees to return retainage payments
to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily
completed. Any delay or postponement of payment from the above -referenced timeframe may
occur only for good cause following written approval of the City. This clause applies to both
DBE and none -DBE subcontractors.
9. Estimate and Work WritemUn.
For any work performed by the Contractor in excess of $1,000.00, the Contractor will provide
a written estimate of cost to the appropriate department head before proceeding with work.
After work is completed, Contractor will provide a write-up of work performed to the
department head.
10. Parts and Materials.
The Contractor shall provide all necessary parts and will invoice the department according to
the rates in Exhibit A. All work shall be according to the provisions of the appropriate codes
and regulations of the City, state and federal governments.
11. Reports.
The contractor shall maintain a monthly log of all service performed that month, if any. The
monthly log shall remain on the premises of each building at a mutually agreed upon location
accessible to both the contractor and the designated contact person for each City building.
The City shall notify the contractor of any service inadequately performed. The contractor
shall review the notification and correct services within twenty-four (24) hours of receipt of
notification. The contractor must notify the department that he has corrected the service that
was inadequately performed.
12. Unclassified Work.
Should the nature of a repair require labor, equipment and/or material not susceptible to
classification under any items scheduled in the contract, the City can authorize the use of the
unclassified labor. The rule for unclassified labor shall be the number of hours actually worked
and the repairs plus reasonable travel time and will consist of the individual's hourly rate plus
hourly fringe benefits plus employer's payroll contributions with a fifteen percent (15%)
additional for overhead and profit.
-3-
Payment for equipment not susceptible to classification under any scheduled items in the
contract will be limited to:
A. For equipment rented by the vendor, the actual rental paid plus fifteen percent
(15%) for overhead and profit.
B. For equipment owned by the vendor, the monthly rental rate charged by
recognized rental organizations times the number of hours the equipment was
necessary for repairs plus reasonable travel time from the storage location to
the site, all divided by one hundred seventy-six (176) hours.
Payment for material not susceptible to classification under any scheduled items in the
proposal will be applicable column price plus fifteen percent (15%) for overhead and profit.
Prior to payment being authorized, the Contractor shall submit an itemized breakdown of the
unclassified labor, equipment and/or material. The breakdown shall include information and
documentation sufficient to substantiate the Contractor's claim.
13. Visit Notice.
Contractor shall sign in at site locations and enter the date, time in and time out of each service
visit, and name and service level (shopman, journeyman, etc.) of the individual performing the
service. Tickets without this information will not be paid.
14. Identification.
Employees of the Contractor shall have proper identification and present same prior to
servicing. Identification must show the employee's service level (shopman, journeyman, etc.)
15. Insurance.
Contractor agrees to obtain and maintain throughout the term of this contract
A. Workmen's Compensation Insurance for all of its employees to be
engaged in work under this contract.
B. Contractor's Public Liability Insurance in an amount not less than
$3,000,000 for all claims arising out of a single occurrence and $500,000 for
any one person in a single accident or occurrence, except for those claims
governed by the provisions of the Missouri Workmen's Compensation Law,
Chapter 287, RSMo., and Contractor's Property Damage Insurance in an
amount not less than $2,000,000 for all claims arising out of a single accident
or occurrence and $300,000 for any one person in a single accident or
occurrence. The City shall be endorsed as an additional insured on any such
policy for the entire term of this contract;
C. Automobile Liability Insurance in an amount not less than $3,000,000
for all claims arising out of a single accident or occurrence and $500,000 for
any one person in a single accident or occurrence.
E. 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.
F. The Certificates of Insurance furnished to the City showing proof of
compliance with these insurance requirements shall contain a provision that
coverage under such policies shall not be canceled or materially changed until
at least fifteen days prior written notice has been given to the City.
-4-
16. Indemnity.
Contractor agrees to indemnify, defend, and hold harmless the City for any and all damages,
injuries, actions, costs, attorney's fees and other expenses whatsoever arising out of the
performance of said work whether the property or persons damaged are the servants and
employees of the Contractor or third parties in no manner connected with said work.
17. Contract Documents.
The contract documents shall consist of the following:
a. This Contract
b. Addenda
c. IFB4128 Solicitation Document
d. Contractor's Bid Response
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. Reserved Rights of the City.
The City reserves the right to separate any individual unit or location from coverage in this
contract and to pursue any other methods of servicing that it desires.
19. 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 prior to issuance of
the Notice to Proceed
20. OSHA Trainino.
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 a worksite without documentation 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 B, C, or D, the Contractor shall forfeit
as a penalty two thousand five hundred dollars plus 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 A or B, 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
-5-
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.
21. Federal Funds to be Used.
The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements
in Exhibit B shall be fully considered in preparing responses and performing work under any
resulting award.
22. Failure to Perform.
Should Contractor fail to provide services as set forth pursuant to this contract, or fail to meet
any of the contract provisions, this contract may be canceled at the sole option of the City upon
giving five (5) days written notice to Contractor.
23. Cancellation.
The City reserves the right to cancel, without cause, this contract with fifteen (15) days written
notice.
24. Notices.
All notices, consents, authorizations, requests and statements hereunder shall be deemed to
have been properly given if delivered by and or mailed by first class United States mail,
postage prepaid, to the City of Jefferson, 320 East McCarty, Jefferson City,- Missouri, 65 10 1.
and United Mechanical Services, LLC, 1515 E. High Street, Suite 103, Jefferson City, Missouri
65101.
CITY OF JEFFERSON, MISSOURI
Ron Fitzwater, Mayor
Date:
ATTEST:
APPROVED ASTO FORM:
('it • r tto ev
.6-
UNITED MECHANICAL SERVICES, LLC
— -- L-- , Title: ) -C nn y LJ : t «� �-�✓
Date: /_-7-2ot;
ATTEST:
000,
e:
United Mechanical Services LLC
Primary Responses
Success: All data is voildl
Group 7 - Fire Department
EXHIBIT A
Success: An values provided Bid ai.1 Labor Cast per Hour- Nomlar Working Hours- 565.00 567.00 E6900 $65.00
Commercial
SaGcow All values provided Bid 41.2 Labor Cost per Hour- Overtime Working Hours - S 10500 5 107 00 S 10900 '. S 105.00
Commercial
Success: All values provtded Bid 41.3 Labor Cost per Hour - Saturday, Sunday, or g 15000 S 155.00 $160.00 S 150.00
Holiday Working Hours - Commercial,
Group 2 - Public Works and Other
Success: All values provided
Bid
a2-1
Labor Cost per Hour- Normal Working Hours -
$ 65 00
S 67.0o
3 E9 00
S 65.00
Commercial
'..
Success: Ali values provided
Bid
42.2
Labor Cost per Hour- Overtime Working Hours -
f 105.00
E 107.00
E 109,00
E 10500
Commercial
Success: All values provided
Bid
a2.3
Labor Cost per Hour- Saturday, Sunday, or
E 160.OP
E t55.00
E 160.00
S 150 00
Holiday Working Hours - Commercial
_
Group 3 - Park Facilities
Succcss:Allvafuasprovidatl
Bid
p3-1
Labor Cost per Hour- Normal Working Hours -
565.00
$67,00
$69,00
$65,00
Commercial
'.
Success: Alf values promdod
Bid
s3-2
Labor Cost per Hour- Normal Working Hvvm-
S6500
56700
S6900
565.00
Residential
Success: All values provided
Bid
43-3
Labor Cost per Hour. -Overtime Working Hours -
S t5000
E 155.00
E 160,00
E t50,00
Commercial
Success: All values provided
Bid
034
Labor Cost per Hour -Overtime Working Hours -
515000
E 15500
E 16000
E 15000
Residential
Success: All values provided
Bid
03.5
- Labor Cost per Hour- Saturday, Sunday, or
g i50.00
$ 155.00
f 160,00
S 150.00
Holiday Working Hours - Commercial
Success: All values provided
Bid
c34i
Labor Cost per Hour- Saturday, Sunday, or
5150.00
S 15500
5 16000
$ 150.00
Holiday Working Hours - Residential
Group A - Police Department
Facilities
Success: Ali values provided
Bid
e4-1
Labor Cost per Hour- Normal Working Hours-
$B0.00
S62.W
$0400
E60.00
Commercial
Bid
Labor Cost per Hour- Overtime Working Hours -
S
S 12600
5 12000
success: All -1- pravldod
04-2
Commemial
E 120.00
12300
-
tabor Cost per Hour- Saturday, Sunday, or
success: All values provided
Bid
ire-3
Holiday Working Hours - Commercial
S 150 00
S 75500
-
S 16000
S 150.00
-
Group 5 - Parts and Supplies - Enter as
a number (2.5 % is entered at 2.5)
Success: All values provided
Bid
dS1
Percentage markup for and supplies $0 -
20 00%
20.00%
20,00%
20.0046
f50parts
Success: All values provided
Bid
95-2
Percentage markup forS100s and supplies $50.01 •
18.00%
78.00%
18.00%
'I. 10,00%
Success -All values provided
Bid
e5-3
Percemags markup for pans and supplies
75.00%
15.110%
15.00%
15.DO%
$100.01 or more
EXHIBIT B — FEDERAL CLAUSES
No Government Obligation to Third Parties —
(1) The City and contractor acknowledge and agree that, notwithstanding any concurrence by the US
Government in or approval of the solicitation or award of the underlying contract, absent the express
written consent by the US Government, the US Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the City, the contractor, or any other party (whether or not a
party to that contract) pertaining to any matter resulting from the underlying contract.
(2) The contractor agrees to include the above clause in each subcontract financed in whole or in part with
FTA assistance. It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts —
(1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31,
apply to its actions pertaining to this project. Upon execution of the underlying contract, the contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract
work is being performed. In addition to other penalties that may be applicable, the contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submittal, or certification, the US Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act (1986) on the contractor to the extent the US Government deems appropriate.
(2) If the contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submittal, or certification to the US Government under a contract connected with a project that is financed
in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the
right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on the contractor, to the extent the
US Government deems appropriate.
(3) The contractor shall include the above two clauses in each subcontract financed in whole or in part
with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
Access to Records and Reports — The following access to records requirements apply to this contract:
1. Where the City is not a State but a local government and is an FTA recipient or a subgrantee of FTA
recipient in accordance with 49 CFR 18.36(i), the contractor shall provide the City, the FTA, the US
Comptroller General or their authorized representatives access to any books, documents, papers and
contractor records which are pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions. The contractor shall also, pursuant to 49 CFR 633.17, provide authorized
FTA representatives, including any PMO contractor, access to the contractor's records and construction
sites pertaining to a capital project, defined at 49 USC 5302(a)l, which is receiving FTA assistance
through the programs described at 49 USC 5307, 5309 or 5311.
2. Where a City which is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 USC
5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)(1))
through other than competitive bidding, the contractor shall make available records related to the contract
.7.
to the City, the Secretary of USDOT and the US Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
3. The contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
4. The contractor shall maintain all books, records, accounts and reports required under this contract for a
period of not less than three (3) years after the date of termination or expiration of this contract, except in
the event of litigation or settlement of claims arising from the performance of this contract, in which case
contractor agrees to maintain same until the City, FTA Administrator, US Comptroller General, or any of
their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Re: 49 CFR 18.39(i)(11).
Federal Changes — The contractor shall comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Master Agreement
between the City and FTA, as they may be amended or promulgated from time to time during the term of
the contract. The contractor's failure to comply shall constitute a material breach of the contract.
Civil Rights Requirement — Use this one. The one below is the wording from FTA and it is very long
and confusing to figure out what actually applies to a contractor.
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of
the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and federal transit law at 49 U.S.C. §
5332, the contractor agrees that it will not discriminate against any employee or applicant for employment
because of race, color, creed, national origin, sex, age, or disability. In addition, the contractor agrees to
comply with applicable federal implementing regulations and other implementing requirements FTA may
issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to
the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and federal transit laws at 49 U.S.C. § 5332, the contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et sq., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable federal statutes, executive orders,
regulations, and federal policies that may in the future affect construction activities undertaken in
the course of the Project. The contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to their race,
color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the contractor agrees to comply with any implementing
requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and federal transit law at 49 U.S.C. § 5332, the contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to
employment of persons with disabilities. In addition, the contractor agrees to comply with any
implementing requirements FTA may issue.
(3) The contractor also agrees to include these requirements in each subcontract financed in whole or in
part with federal assistance provided by FTA, modified only if necessary to identify the affected parties.
Termination —
a. Termination for Convenience (General Provision) the City may terminate this contract, in whole or in
part, at any time by written notice to contractor when it is in the City's best interest. The contractor shall
be paid its costs, including contract close-out costs, and profit on work performed up to the time of
termination. The contractor shall promptly submit its termination claim to the City. If the contractor is in
possession of any of the City's property, the contractor shall account for same, and dispose of it as the
City directs.
b. Termination for Default [Breach or Causel (General Provision) If the contractor does not deliver items
in accordance with the contract delivery schedule, or, if the contract is for services, and the contractor
fails to perform in the manner called for in the contract, or if the contractor fails to comply with any other
provisions of the contract, the City may terminate this contract for default. Termination shall be affected
by serving a notice of termination to the contractor setting forth the manner in which contractor is in
default. The contractor shall only be paid the contract price for supplies delivered and accepted, or for
services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City that contractor had an excusable reason for not performing, such as a
strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the City,
after setting up a new delivery or performance schedule, may allow the contractor to continue work, or
treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) the City in its sole discretion may, in the case of a termination
for breach or default, allow the contractor an appropriately short period of time in which to cure the
defect. In such case, the notice of termination shall state the time period in which cure is permitted and
other appropriate conditions.
If the contractor fails to remedy to the City's satisfaction, the breach or default or any of the terms,
covenants, or conditions of this contract within ten (10) days after receipt by the contractor or written
notice from the City setting forth the nature of said breach or default, the City shall have the right to
terminate the contract without any further obligation to the contractor. Any such termination for default
shall not in any way operate to preclude the City from also pursuing all available remedies against
contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any
breach by contractor of any covenant, term or condition of this contract, such waiver by the City shall not
-9-
limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this
contract.
e. Termination for Default (Supplies and Service) If the contractor fails to deliver supplies or to perform
the services within the time specified in this contract or any extension or if the contractor fails to comply
with any other provisions of this contract, the City may terminate this contract for default. The City shall
terminate by delivering to contractor a notice of termination specifying the nature of default. The
contractor shall only be paid the contract price for supplies delivered and accepted, or services performed
in accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the contractor was not in
default, the rights and obligations of the parties shall be the same as if termination had been issued for the
City's convenience.
Breach of Contract
1. In the event of material breach of the contractual obligations by the contractor, the City may cancel the
contract. At its sole discretion, the City may give the contractor an opportunity to cure the breach or to
explain how the breach will be cured. The actual cure must be completed within no more than 10
working days from notification, or at a minimum the contractor must provide the City within 10
working days from notification a written plan detailing how the contractor intends to cure the breach.
2. If the contractor fails to cure the breach or if circumstances demand immediate action, the City will
issue a notice of cancellation terminating the contract immediately. If it is determined the City
improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in
accordance with the contract.
3. If the City cancels the contract for breach, the City reserves the right to obtain the equipment, supplies,
and/or services to be provided pursuant to the contract from other sources and upon such terms and in
such manner as the City deems appropriate and charge the contractor for any additional costs incurred
thereby.
4. The contractor understands and agrees that funds required to fund the contract must be appropriated by
the General Assembly of the State of Missouri for each fiscal year included within the contract period.
The contract shall not be binding upon the City for any period in which funds have not been
appropriated, and the City shall not be liable for any costs associated with termination caused by lack
of appropriations.
Disadvantaged Business Enterprise (DBE) —
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is
10%. The City's overall goal for DBE participation is listed elsewhere. If a separate contract goal for
DBE participation has been established for this procurement, it is listed elsewhere.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in
the award and administration of this contract. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy
-10-
as the municipal corporation deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. Since no separate contract goal has been established, the contractor will be required to report its DBE
participation obtained through race -neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract for
satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for
that work from the City. In addition, the contractor may not hold retainage from its subcontractors or must
return any retainage payments to those subcontractors within 30 days after the subcontractor's work
related to this contract is satisfactorily completed or must return any retainage payments to those
subcontractors within 30 days after incremental acceptance of the subcontractor's work by the City and
contractor's receipt of the partial retainage payment related to the subcontractor's work.
e. The contractor must promptly notify the City whenever a DBE subcontractor performing work related
to this contract is terminated or fails to complete its work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The contractor may not
terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of the City.
Incorporation of Federal Transit Administration (FTA) Terms — All USDOT-required contractual
provisions, as stated in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this contract. The contractor shall not perform any act, fail to
perform any act, or refuse to comply with any request that would cause the City to be in violation of FTA
terms and conditions.
Government -wide Debarment and Suspension (Nonprocurement) — The City agrees to comply with
the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations
at 2 C.F.R. part 1200, which includes the following: (a) It will not enter into any arrangement to
participate in the development or implementation of contracts with any contractor that is debarred or
suspended except as authorized by: 1 U.S. DOT regulations, "Nonprocurement Suspension and
Debarment," 2 C.F.R. part 1200, 2 U.S. OMB, "Guidelines to Agencies on Government -wide Debarment
and Suspension (Nonprocurement)," 2 C.F.R. part 180, including any amendments thereto, and 3
Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, (b) It will
review the U.S. GSA "System for Award Management," https://www.sam.gov, if required by U.S. DOT
regulations, 2 C.F.R. part 1200.
The contractor also will comply with federal debarment and suspension requirements when hiring
subcontractors, and will review the "System for Award Management" at https://www.sam.gov, if
necessary, to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (2).
Buy America — The contractor shall comply with 49 USC 53230) and 49 CFR 661, stating that federal
funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are
produced in the United States, unless a waiver has been granted by FTA or the product is subject to a
general waiver. General waivers are listed in 49 CFR 661.7, and include software, microcomputer
equipment and small purchases (currently less than $150,000) made with capital, operating, or planning
funds. Separate requirements for rolling stock are stated at 53230)(2)(C) and 49 CFR 661.11. Rolling
stock must be manufactured in the US and have a minimum 60% domestic content for FY2016 and
-11-
FY2017, a minimum 65% domestic content for FY2018 and FY2019 and a minimum 70% domestic
content for FY2020 and beyond.
A bidder or offeror shall submit appropriate Buy America certification to the City with all bids on FTA-
funded contracts, except those subject to a general waiver. Proposals not accompanied by a completed
Buy America certification shall be rejected as nonresponsive. This requirement does not apply to lower
tier subcontractors.
Lobbying — Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an
award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on
Lobbying." Each tier certifies to the tier above that it will not and has not used federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act
of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that federal
contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to
the City.
Clean Air -
1) The contractor shall comply with all applicable standards, orders or regulations pursuant to the Clean
Air Act, 42 USC 7401 et seq. The contractor shall report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to FTA and the appropriate EPA
Regional Office.
2) The contractor shall include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with FTA assistance.
Clean Water — The contractor shall comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. The contractor
shall report each violation to the City and understands and agrees that the City shall, in turn, report each
violation as required to FTA and the appropriate EPA Regional Office. The contractor shall include these
requirements in each subcontract exceeding $150,000 financed in whole or in part with FTA assistance.
Energy Conservation — The contractor shall comply with mandatory standards and policies relating to
energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy
Policy & Conservation Act.
Recycled Products — The contractor agrees to comply with all the requirements of Section 6002 of the
Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not
limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the
procurement of the items designated in Subpart B of 40 CFR Part 247.
Access Requirements for Persons with Disabilities — The contractor shall comply with 49 USC
5301(d), stating federal policy that the elderly and persons with disabilities have the same rights as other
persons to use mass transportation services and facilities and that special efforts shall be made in planning
and designing those services and facilities to implement that policy. The contractor shall also comply with
all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which
-12-
prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990
(ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made
available to persons with disabilities, including any subsequent amendments thereto.
Domestic Preference for Procurements
As appropriate, and to the extent consistent with law (including 2 C.F.R. §200.322), the VENDOR
should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States. This includes, but is not limited to iron,
aluminum. steel. cement, and other manufactured products.
Prompt Payment — The prime contractor agrees to pay each subcontractor under this prime contract for
satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime
contract receives from the City. The prime contractor agrees further to return retainage payments to each
subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good cause following
written approval of the City. This clause applies to both DBE and non -DBE subcontracts.
-13-