HomeMy Public PortalAboutORD16365BILL NO. 2023-025
SPONSORED BY Councilmember Spencer
ORDINANCE NO. /(p 3('5
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH TRILEAF
CORPORATION OF ST. LOUIS, MISSOURI FOR ARCHAEOLOGICAL SERVICES
NOT TO EXCEED $100,000.
WHEREAS, Trileaf Corporation of St. Louis, Missouri through competitive procurement
is the lowest bidder for anticipated archaeological services.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Trileaf Corporation through a competitive procurement process is
hereby awarded the archeology contract.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Trileaf Corporation for archaeological 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:
Presiding • icer
ATTEST:
Approved: 0 8/0 845
Mayor Ron Fitzwater
APPROVED AS TO FORM:
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 TrileafCorporation hereinafter referred to as "Contractor".
WITNESSETH:
THAT WHEREAS, the City desires to engage the Contractor to render certain services for
archeological and cultural resource surveys for the City, hereinafter described in Exhibit A.
Wl-lEREAS, 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
archeological and cultural resource surveys, 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 Planning and Protective Services, and in accordance with the rates and/or amounts stated in
the bid of Contractor dated 12/13/2022 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 the prices referenced hereinafter in Exhibit A.
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, within one ( 1) year
of the date last executed by a party below of this contract. This contract shall automatically renew for up to
(2) two additional one (1) year terms unless a written notice of non-renewal is provided to the City no later
tha~ (30) thirty days prior to the renewal date.
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.
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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
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.
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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
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.
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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.
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 3 0 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.
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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,
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. Federal Terms.
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.
28. 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 65 I 0 I
If to the Contractor:
Trileaf Corporation
Lisa Singer
1515 Des Peres Road, Ste. 200
St. Louis, Missouri 63 I 3 I
[Signatures to follow on next page.]
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CITY OF JEFFERSON, MISSOURI
Jefferson Ci kra or
Date: DO O L3
TRILEAF CORPOR. N
Title: C€,>
Date: _waits.
ATTEST: ATTEST:
City'Clerk � Title:
APPROVED AS TO FORM:
~TRILEAF
environmental architecture engineering
1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131-314.997.6111-www.trileaf.com
December 12, 2022
Office of the Purchasing Agent
City of Jefferson
320 E McCarty St
Jefferson City, MO 65101
RE: Proposal No. RFP4084 -Archeological Services -City of Jefferson, Missouri
Dear Leigh Ann Corrigan:
Trileaf Corporation (Trileaf) is pleased to submit the following Letter of Interest in response to the City
of Jefferson's request for archaeological services (Proposal No. RFP4084). As a crucial department
within Trileaf, our cultural resources group takes great pride in hiring some of the best professionals in
the industry who are driven to provide exceptional service built on a foundation of ethical practices. As
such, Trilear s team is prepared to navigate the intricacies of preservation and innovation while balancing
our clients' unique project needs.
I believe that our experienced staff has the requisite knowledge and expertise in order to meet the
archaeological services needs of Jefferson City. We appreciate your consideration and are hopeful that
we will have an opportunity to work with you in the future
Kindest Regards,
~~·;{}~
Cori Rich, M.S., RP A
Group Manager, Cultural Resources
EXECUTIVE SUMMARY
Your dedicated Trileaf cultural resources professionals have special expertise in the precontact and
historical archaeology of Missouri, including extensive experience addressing the specific guidelines and
requirements of the MO State Historic Preservation Office (SHPO) and consulting Native American Tribes
statewide.
Trilears cultural resources team consists of highly experienced professionals who meet or exceed the
Secretary of the Interior's (SOl) Historic Preservation Qualification Standards in the fields of archaeology,
history, and architectural history. This expertise enhances our ability to offer an extensive list of cultural
resources management services, including:
• Phase l archaeological reconnaissance • Phase II archaeological testing
• Archaeological monitoring • SHPO and Tribal consultation
• National Register of Historic Places (NRHP) nominations • Architectural surveys
• Viewshed Analysis via Balloon Testing and Photo Simulations • GIS Mapping
• Artifact analysis • Curation
Trileaf understands that our service requires the utmost attention to detail. We know that our deliverables
facilitate our clients' compliance responsibilities under the regulatory frameworks ofNEPA and Section
1 06 reviews. As such, we embody that responsibility by acting in our clients' best interests at all times.
Trileaf is Responsive: One of the most consistent pieces of feedback we receive from clients is related
to our exceptional responsiveness. This stems from Trileaf's internal management training: Trileaf
managers answer all emails within one ( 1) hour of receipt and complete all projects on time.
Trileafis its Employees: We employ only full-time professionals-not contractors-to perform all aspects
of our primary suite of services. This ensures consistent responsiveness, quality deliverables, and rapid
turnaround times. Trileaf is committed to employing professionals devoted to being true partners. We
believe commitment to our employees yields commitment to our clients.
Trileaf Corporation maintains a vigorous system of Quality Control and Quality Assurance
(QA/QC). This QA/QC system includes the following basic tenets:
1. Assignment of a Single Point of Contact: Each client of Trileaf Corporation is assigned a single,
experienced Trileaf Point of Contact (POC). This person is a Project Manager of a Job Grade 7 or
above with the experience necessary to actively manage and proactively anticipate challenges that
may affect the timeline or budget of the project. This POC is responsible for the acceptance,
initiation, active tracking, QA/QC, and ultimate delivery of the project(s) deliverable(s).
2. Real-Time Tracking: Trileaf employees utilize Trilears homegrown, network-based project
tracking software application called 'Trinet.' Trinet includes both date fields as well as comment
fields, and all employees are required to keep it updated in real-time. As such, at any time, Trilears
POC can retrieve real-time information on the status of the project. In addition, Trileaf's POC can
pull 'project trackers' out of Trinet, in excel format, to both run statistics and ensure project
timelines and budgets are being met.
a. As a standard Trileafvalue-added service, Trileaf can run and submit project trackers at
any interval requested by our client utilizing this system.
~TRILEAF
DESRIPTION OF QUALIFICATIONS AND EXPEREINCE
Trileafs Cultural Resources Team includes two (2) Project Managers, ten ( 1 0) Field Archaeologists, one
( 1) Archaeological Technician, three (3) Architectural Historians, one (1) Historian, and one (1) GIS
Specialist. Our Tribal Consultation Team consisting of one (1) Project Manager and six (6) Tribal
Consultation Coordinators. Our breadth of knowledge and experience results in quality service,
anticipation of project needs in real time, and proactive communication of challenges.
• All Project Manager and Field Archaeologists possess a master's degrees in Archaeology or
Anthropology.
• Two Architectural Historians have master's degrees in Historic Preservation.
• Our Historian has a master's degree in Social Science Education/History
• Our staffing size allows us to mobilize to any project location statewide in a timely manner.
• Our experienced staff is equipped with the regional knowledge base to handle any nuances and
complexities that may arise during your project to keep promised deadlines.
• Trileaf prides itself on maintaining the strong relationships we've built with both State and Tribal
Historic Preservation Offices in Missouri and nationwide.
Trileaf Cultural Resources professionals work to ensure high quality, time sensitive, and cost-
effective project completion, which is supported by our project success both locally and nationwide.
1. In the last ten years, Trileafs Tribal Consultation Team has completed over 970 projects in
Missouri requiring Tribal Consultation.
2. Trileafs Cultural Resources Team has completed over 4,400 archaeological investigations and
over 180 tribal monitoring jobs nationwide since January 2017.
a. Trileaf completes all pre-field archival research, SHPO file reviews for above ground and
archaeological resources, GIS mapping, fieldwork, report production, and THPO and
SHPO consultation.
b. All Trileaf projects meet Federal, State, and Tribal standards.
3. Trileafs archaeologists have successfully completed over 400 projects in Missouri, receiving both
SHPO and THPO clearance.
a. This includes archaeological monitoring and phase I archaeological surveys.
4. Trileaf works throughout the state of Missouri on telecom projects and has recently been awarded
multiple non-telecom projects, including Recreational Trails Projects (RTP) for Perry County
Heritage Tourism and the City of Ironton, Land and Water Conservation Fund (LWCF)
improvement projects for the City of Manchester and the Boonslick Regional Planning
Commission, and Community Development Block Grant (CDBG) projects for the City of Poplar
Bluff.
a. Trileaf is also experienced in completing USDA Rural Development Business and Industry
and Clean Water State Revolving Fund (CWSRF) projects nationwide.
b. Trileaf has successfully executed Memoranda of Agreement in multiple states to mitigate
adverse effects findings with the preparation of architectural Condition Assessment
Reports (CAR), Permanent Archival Records (PAR), and windshield-level historic
architectural resources survey.
c. Trileafs Architectural History staff is also currently in the process of preparing
deliverables for two mitigation projects in Oklahoma, which include NRHP nominations
and photographic archive updates for a WPA-constructed school building and an
automobile service station associated with historic Route 66.
5. Trileaf Cultural Resources staff are experienced in the identification and NRHP-eligibility
assessment ofprecontact and historical-period archaeological sites.
~TRILEAF 2
a. This includes site recordation, artifact analysis and curation, site interpretation, and
recommendations regarding the need for further research and project-related effects.
Trileaf archaeologists have the experience and expertise to provide our clients with guidance-in
consultation with agency/SHPO/THPO reviewers-toward best practices in site avoidance,
minimization of project effects, or creative strategies for mitigation, when necessary.
METHOD OF PERFORMANCE
Trileaf s cultural resources team is led by skilled Project Managers with the ability to identify and manage
specific project objectives, provide technical guidance and assistance in completion of project tasks by
qualified staff members, and anticipate any project needs or nuances. Our project managers believe that
proactive and regular communication with our clients and stakeholders is paramount to successful project
completion. For instance, using our in house project management software, Project Managers can provide
stakeholders with regular project trackers, which can be run to monitor project progress in real time to
ensure project milestones and deliverables are completed on time. Additionally, all cultural resources
deliverables are subject to a rigorous process of review by both peers and project managers to assure quality
and client satisfaction.
Upon receipt of a project request from the City of Jefferson, TrileafProject Managers will review and assess
our cultural resources team's capacity to complete the work. If it is determined that Trileaf is unable to
complete the project, we will notify the city within I 0 days. On the other hand, if our cultural resources
team can accept the project, Trileaf will submit a work plan to the city for review and approval within five
(5) business days. This work plan will be initiated by Trileafs Project Managers, who will first review the
project to determine the necessary scope of work and best-suited staff to assist with project tasks.
Our project managers and qualified staff have extensive experience establishing the background and context
for projects utilizing resources that include, but are not limited to, the Missouri State Historic Preservation
Office's National Register Sites and Districts, Certified Local Districts and Architectural Surveys online
map and the Archaeology Viewer online maps, and locally relevant archival resources and repositories.
Archaeological and archival background research will be completed prior to all field investigations.
When needed, Trileafstaffwill complete Missouri SHPO Section 106 Project Information forms on behalf
of the city. Our multi-disciplinary Cultural Resources Team is well equipped to identify project locations,
define project descriptions, identify the projects' areas of potential effects (APE), and document any
previously recorded archaeological and above ground historic properties within the appropriate APE. When
required, a Trileaf Architectural Historian will mobilize to complete assessment and documentation of
above ground resources. Our GIS specialist will compile all requisite graphics and maps using ArcGIS. The
final Section 106 Project Information package will be complied and reviewed for QA/QC by a Project
Manager.
When background research indicates the need for field investigations to identify or evaluate historic
properties-whether archaeological and/or above ground resources-Trileaf is prepared to efficiently
mobilize the appropriate, experienced staff for boots on the ground survey. All archaeological or
architectural survey methods will be based upon the guidelines for survey and reporting provided by the
MO SHPO and any consulting Tribes.
Based upon the results ofTrileafs background research and cultural resources field investigations, our staff
will consult with both the client and staff of the MO SHPO to determine the next best steps for any
additional project needs. Recommendations regarding project-related effects and the need for additional
~TRILEAF 3
investigations will be communicated clearly with the client and the work plan will be coordinated with the
MO SHPO. Trileafs Secretary of the Interior Qualified (36 CFR Part 61) cultural resources staff has the
expertise required to provide the client with creative and ethical solutions to avoid, minimize, or mitigate
project-related effects upon cultural resources. Whether the project requires Phase II testing and assessment
or Phase III data recovery and mitigation, Trileaf is dedicated to balancing the needs of the client with best
practices in historic preservation.
Trileaf utilizes handheld GPS units and digital data collection software for accurate and secure recordation
and mapping of cultural resources during all field investigations. For production of forms, reports, and all
other deliverables, Trileaf utilizes Microsoft Office Suite, Adobe Acrobat Pro, and ArcGIS. Trileaf utilizes
Microsoft One Drive for ease of secure file sharing with clients.
TESTIMONIALS
"TVe are so excited to get our park project back on track! Thank you for your expert leadership and
understanding qf what we needed even when we didn 't. The Trileaf team was quick to help and wonde1ful
to work with. "-Trish Erzfeld, Perry County Heritage Tourism
"Thank you for keeping us in the loop so well with all ofyour updates. You are one of the few people who
consistently keeps us abreast of the project as is continues. fVe greatly appreciate the extra work you do to
send us out these updates. "-Virginia Mae O'Boyle, Spirt Lake Nation
"!just want to take this opportunity to say what a pleasure it has been receiving your submittals. They are
very well formatted and are used.for reference when training my replacement and any tempora1y employees
we 've had over the years. I have truly appreciated the level of excellence provided by you and Trileaj " -
Fawn Cheshewalla, Osage Nation
~TRILEAF 4
ATTACHMENT A-PRICING FORM
Proposers should provide pricing in accordance with the provisions and requirement of this RFP. If additional
space is needed, the proposer may attach additional copies of this page.
Cultural Resources Reviews -The proposer shall state the job title proposed to provide services and the firm,
fixed price per hour for the original contract period and the renewal periods for Initial Project Reviews and
Section 106 Reviews.
Item Review ..
# Proposed Job Title Descriptio~
Project Archaeologist Initial Project $25 $26 $28
Reviews
Project Archaeologist Section 106 $25 $26 $28
2 Reviews
GIS Specialist Section 106 $20 $21 $22
3 Reviews
Architectural Historian Section 106 $25 $26 $28
4 Reviews
Cultural Investigations -The proposer shall state the job title proposed to provide services and the fmn, fixed
price per hour for the original contract period and the renewal periods for Phase I, Phase II, and Phase III
Cultural Investigations.
Item
I # Prop_osed J.~b Title
Principal Investigator
5 Phase I $32 $33 $34
6 Phase II $34 $35 $36
7 Phase III $36 $37 $38
Field Director
8 Phase I $28 $29 $30
9 Phase II $30 $31 $32
10 Phase III $32 $33 $34
11 Crew Chief
Phase I $23 $24 $25
12
Phase II $25 $26 $27
13
Phase III $27 $28 $29
Phase I $18 $19 $20
Phase II $18 $19 $20
Phase III $18 $19 $20
Phase I $25 $26 $27
Phase II $25 $26 $27
Phase III $25 $26 $27
Phase I $20 $21 $22
Phase II $20 $21 $22
Phase III $20 $21 $22
Phase I $28 $29 $30
Phase II $28 $29 $30
Phase III $28 $29 $30
Phase I $18 $19 $20
Phase II $18 $19 $20
Phase III $18 $19 $20
Phase I $28 $29 $30
Phase II $28 $29 $30
Phase III $28 $29 $30
Phase I $25 $26 $27
Phase II $25 $26 $27
Phase III $25 $26 $27
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Additional Services -The proposer shall state the job title proposed to provide services and the firm, fixed price
per hour for the original contract period and the original contract period and the renewal periods for Additional
Consultation.
Specialist (Faunal, Bio
Arch, and Paleo Botanist
Additional
Consultation
$35 $36 $37
20
21
Tribal Consultation
Coordinator
Additional
Consultation
$20 $21 $22
Discount for prompt payment on invoices only N/ A %_ days. Discount will not be evaluated.
The prices contained in this proposal are firm for 120 days.
Are the items bid manufactured, produced or assembled in the United States? YES .X. NO_
Do you represent a disadvantaged business? YES _NO X
Do you represent a woman-owned business? YES _NO X
Do you represent a minority-owned business? YES _NO X
Do you agree to cooperative procurement by Cole County? YES ~NO_
Do you agree to cooperative procurement by the Housing Authority? YES ~NO _
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rnve the undersigned c/o herby certify that the information presentee/ in this proposal is true anti accurate and
agree to pro,•ide the specified products and ser\•ices at the price ancltime statecl if aware/eel the hid
NAME OF COMPANY TrilcafComoration
AGENT AND TITLE _lisa Singcr_Controllcr ___ _
ADDRESS ISIS Des Peres Road. Suite 200
St. Louis, MO 63131
EMAIL ADDRESS l.singcr@trilcaf.com
TELEPHONE (314)997 6111 DATE 12/12/2122
AUTHORIZEDSIGNATURE L{,1/:>'\ ~
Fonn of Business: _Sole Proprietorship _Partnership X Corporation _Limited Liability Corporation
4
ATTACHMENT 8-EXPERIENCE CERTIFICATION Revised
Vendor Experience -The vendor should indicate whether they meet each of the experience
requirements below by checking either "Yes" or "No".
1. The vendor has experience using cultural resource records and the Geographic Information
System (GIS) database at the State Historic Preservation Office.
X Yes No
2. The vendor has experience using the process and requirements of Section 1 06 of the National
Historic Preservation Act (NHP A).
X Yes No
3. The vendor has experience applying field techniques and methodologies of prehistoric and
historic archeology .
.A. Yes No
4. The vendor has knowledge of Missouri's prehistoric and historic archeology and the various
cultures that have inhabited the state.
X Yes No
5. The vendor has experience writing technical and professional reports, including results of
cultural resource surveys.
X Yes No
6. The vendor has experience using theories, principles, and techniques of archeology.
X Yes No
7. The vendor has experience implementing cultural resource management programs.
X Yes No
8. The vendor has experience using computers, databases, and information management systems.
X Yes No
9. The vendor has experience using Microsoft Office (Word, Access, Excel, and PowerPoint).
X Yes No
10. The vendor has experience using ESRI Shapefiles in ArcMap/ArcPRO GIS and GPS equipment.
~Yes No
11. The vendor has experience using and interpreting results from LiDAR, ground penetrating radar,
and other imaging products.
X Yes No
12. The vendor has experience applying land surveying techniques and methods to accurately locate
archeological features.
X Yes No
13. The vendor has experience with archeological investigations and cultural resource activities
including NHPA Section I 06 report preparation .
.X. Yes No
14. The vendor has knowledge of land management disciplines including timber management,
hydrology, soils, wildlife habitat management, and construction activities .
.X.. Yes No
15. The vendor has experience with tribal consultation with a tribe claiming ties to Missouri within
the past ten (1 0) years.
X Yes No
Vendor's Personnel Experience-The vendor should indicate whether they have personnel who meet
all of the experience requirements below by checking either "Yes" or "No". The vendor should provide
a curriculum vitae, supporting documentation, and references for all personnel proposed to provide
services.
1. The vendor's personnel have a Masters or PhD of Archeology, or a Masters or PhD of
Architectural History or History.
~Yes No
2. The vendor's personnel have documented experience conducting archeological surveys,
writing and submitting reports to the Missouri SHPO for projects that require cultural
clearances.
_x_ Yes No
ATTACHMENT C-REFERENCES
Please provide three (3) references for contracts of similar scope and size within the past three (3) years. These
customers may be contacted by the City. Responses will be considered by the City during the proposal evaluation
process.
1. Name: Peny County Heritage Tourism
Address: 508 N Main Street
City, State, Zip:_ Perryville, MO 63775 ______________ _
Telephone /Email: 573-517-2069 I trish@pen:yyillemo.com
Contact Person: Trish Erzfeld Duration of Contract: Project Specific
Description of Services: Phase I Archaeological Survey
2. Name: Crawford, Murphy & Tilly, Inc.
Address: 2750 West Washington Street
City, State, Zip:_ Springfield, IL 6270 ______________ _
Telephone !Email: 217 -572 -1051 /tsumner@cmtengr.com
Contact Person: Tim Sumner _______ .Duration of Contract: Ongoing
Description of Services: Phase I Archaeological Survey
3. Name: Tillman Infrastructure
Address: I 52 West 57th Street 27th Fl
City, State, Zip:_ New York, NY 10019 ______________ _
Telephone /Email:914-714-9065/ dmstipo@tillmaninfrastructure.com
.Contact Person: Donna-Marie Stipo Duration of Contract: Ongoing
Description of Services: Phase I Archaeological Survey, Archaeological Monitoring, THPO/SHPO
Consultation, Balloon Testing/Photo Simulations, Architectural Resources Surveys, Memorandum of
Agreements, Eligibility Assessments, and GIS Mapping.
5
ATTACHMENT D
Affidavit of Compliance with Section 285.525-285.550 RSMo
For All Services in Excess of $5,000.00
Statcof M I ssov~J
County of S1-L 0 V L .S
)
)
) ss.
l, Ll$4 'SlY\~A'-, am an authorized agent of Jn {ec. b (Bidder). This business
is enrolled and patticipa cs m a federal work authorazat10n program for all employees workmg m connectJon wtth servtces
provided to the City of Jefferson. This business does not knowingly employ any person that is an unauthorized alien in
connection with the services being provided. Documentation of participation in a federal work authorization program
(signature page of the MOU with Homeland Security) is attached to this affidavit.
Furthermore, all subcontractors working on this contract shall affinnatively state in writing in their contracts that they
arc not in violation of Section 285.530.1 RSMo, shall not thereafter be in violation and submit a sworn affidavit under
penalty of perjury that all employees arc lawfully present in the United States.
~~Sut~
Subscribed and sworn to before me this __ =6lloo&....,_
My commission expires:
If bidder is an i11dividual and does not /rave any employees of any sort, complete tllis section.
I, the undersigned, being at least eighteen years of age, swear upon my oath that I am either a United States citizen or am
classified by the United States government as being lawfully admitted for pennanent residence.
Date Signature
Subscribed and sworn to before me this ___ day of ____ _.. __ _
Notary Public
My commission expires:--------
8
EXHIBIT l, continued
(Complete the following if you ltave theE-Verify documentation and a cu rrent Affidavit of Work A uthorization
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 ce rt ify th at __ TRILEAF (B us iness Entity Na me) ME ETS the defin ition of a business entity as
defin ed in sec ti on 285.525 , RSMo , pert aini ng to sec tion 285.530 , RSMo, and have enr olled and cu rrentl y
participates in the E-Verify fede ral work auth or iza ti on program with respect to th e employees h ired after
enrollm ent in th e program who are proposed to wo rk in connection with th e servic es related to contrac t(s) wit h
th e State of Mi sso uri. We have pre viously prov ide d documentat ion to a Missouri state agency o r publ ic
unive rsity th at affirm s enr ollment and part icipat ion in the E-Verify fede ral work autho ri zat ion prog ram. The
docume nta tion that was prev iou sly prov ided in clud ed the foll ow ing .
../ TheE-Verify Em pl oy ment Eli gib ility Ve ri fication page OR a page from theE-VerifY Memor andum of
Understandin g (MOU) li st ing the contracto r's name and th e MOU signatu re page comp leted and
s igned by th e co ntrac tor an d the Department of Homel and Security-Verifica ti on Div ision
../ A current, nota ri ze d Affid avit of Work Authorization (m ust be com pleted, signed, and notarized with in
the pa st twe lve month s).
Na me of Missouri State Agency or Publi c Uni ve rsity* to Whi ch Previous E-Ver ifY Documentat io n
Subm itt ed:
(*Pu blic Univers ity includes the follo wi ng five schools under chapter 34 , RSMo: Harris-Stowe State University -S t. Lou is;
Missouri South ern State Uni vers it y-Joplin; Mis so uri Wes te rn S tate University-St. J oseph; Northwest Mi ssouri State University
-Maryv ill e: Southeast Mi ssouri State University-Cape G irard eau.)
Date of Prev io us E-Verify Docum entati o n Submission: 8-19-22 -------------------
Prev ious Bid /Co ntract Number fo r Whi ch Prev ious E-Verify Documen tation Submi tted :
(if known)
Kimber ly C lair -HR Ma nage r
Aut hori zed Bu sin ess Entity Represe ntative's
Name (Pl ease Print)
1871307
E-Verify MOU Co mp a ny ID Nu mber
TRILEAF
Bu s ines s Enti ty Name
FORST ATE USE ONLY
Doc um entat ion Ve rifi cati on Co mpleted By:
Buyer
Page 4 of4
Authorized Bu siness En tity
Representative's Signat ure
k.clair@tri leaf.com
E-Ma il Addre ss
10-1 9-2022
Date
Dat e
Rev ised 03/0 1/12
~TRILEAF
environmental architecture engineering
I, I <'\ s~ Sl Y'tJAfl certify that I am the Controller of the Corporation named as Proposer
herein above; that 1\Cl ( '(q± . who signed the foregoing contract on behalf of
the Proposer was then ll.~l2~cl . of said corporation; that said bid was duly signed for and
in behalf of said corporation by authority of its governing body, and is within the scope of its corporate
powers.
Signed
ATTACHMENTF-ANIT-COLLUSIONSTATEMENT
ANTI-COLLUSION STATEMENT
sTATE oF ___ fV!-..L-t~S_S_o_tl_r_J __ _,>
COUNTYOF~42~+~~L-~_V __ t_S~--~>
LA s, S\ n 6"'i-,.... -being first duly sworn
deposes and says that he is C.lN\ b1 I, (-t &..:= of--:-~~-=-::l~J~e.~a~.~~~-------
TITLE OF PERSON SIGNING NAME O~PROPOOER
that all statements made and facts set out in the bid for the above project are true and correct; and that the Proposer (the
person, finn, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with
such bid of any contract which results from its acceptance.
Affiant further certifies that Proposer is not financially interested in, or financially affiliated with, any other Proposer for
the above project.
(BY)4t..vlh $t/Y) ~
(BY) _______________________________ _
Sworn to before me this __ <g_ day of DeretHber:. 2022.
Notary Public
My commission expires: 6/ ;). IJ /;;;._t.q --+-,--+-/-=--~--
10
ATTACHMENT G-DISADVANTAGED BUSINESS UTILIZATION AGREEMENT
A. The bidder agrees to attempt to expend at least TBD% of the contract, if awarded, for Disadvantaged
Business Enterprise (DBE). For purposes of this goal, the term "Disadvantaged Business Enterprise"
shall mean a business:
1. Which is at least 51 percent owned by one or more minorities or women, or, in the case of a
publicly owned business, at least 51 percent of the stock of which is owned by one or more
minorities or women; and
2. Whose management and daily business operations are controlled by one or more such
individuals.
"Disadvantaged Group Member" or "Disadvantaged" means a person who is a citizen or lawful
permanent resident of the United States, and who is:
1. Black (a person having origins in any of the black racial groups of Africa);
2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central
America, or the Caribbean Island, regardless of race);
3. Asian American (a person having origins in any of the original peoples of the Far East, Southeast
Asia, the Indian sub-continent, or the Pacific Islands);
4. American Indians and Alaskan Native (a person having origins in any of the original peoples of
North America);
5. Member of other groups, or other individuals, found to be economically and socially
disadvantaged by the Small Business Administration under Section 8(a) of the Small Business
Act, as amended [15 U.S.C. 637(a)].
6. A female person who requests to be considered as a DBE, and who "owns" and "controls" a
business as defined herein.
Disadvantaged Business Enterprises may be employed as contractors, subcontractors, or suppliers.
9
B. The bidder must indicate the Disadvantaged Business Enterprise(s) proposed for utilization as part of
this contract as follows:
. · ·. ::Oollar~Value·.ot·
Name and Address ofDBE Firms Nature ofParticipati(»ll : a>~tti~lliatilf&S< ,
TBD TBD TBD
· ··. Total Jli~ Aln~unt TBD
. Percentag~ ofDBE ParticiP.afioli TBD
C. The bidder agrees to certify that the disadvantaged business firm(s) engaged to provide materials or
services in the completion of this project: (a) is a bona fide Disadvantaged Business Enterprise; and (b)
has executed a binding contract to provide specific materials or services for a specific dollar amount.
A roster of bona fide Disadvantaged Business Enterprise firms will be furnished by the City of
Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson
indicating the Disadvantaged Business Enterprise(s) it intends to use in conjunction with this contract.
This written notice is due five days after notification to the lowest bidder.
Certification that the Disadvantaged Business Enterprise(s) has executed a binding contract with the
bidder for materials or services should be provided to the DBE Coordinator at the time the bidder's
contract is submitted to the DBE Coordinator.
D. The undersigned hereby certifies that he or she has read the terms of this agreement and is authorized to
bind the bidder to the agreement herein set forth.
Lisa Singer, Controller
Name of Authorized Officer
Date 12/12/2022
Signature of Authorized Officer
10
ATTACHMENT H-CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned Lt s ~ <;;'Lno -er 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form--LLL, "Disclosure Fonn 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 subcontrdcts at all
tiers and that all subcontractors 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 31, U.S.C. § 1352 (as amended
by the Lobbying Disclosure Act of I 995). Any person who fails to file the required certification shaU be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
The Contractor, ,-y=\ teCA.C-, certifies or affinns the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 380 l, et seq.,
apply to this certification and disclosure, if any.
Date
13
EXHIBIT B-FEDERAL CLAUSES
The City of Jefferson is a recipient federal grant funds through the American Rescue Plan Act of 2021.
Therefore, the following requirements shall be fully considered in preparing responses and performing work
under any resulting award.
Access to Records
Vendor agrees to provide the City, the Federal Government, and any applicable Federal Administrator, Director,
the Cotnptroller General of the United States, or any of their authorized representative's access to any books,
documents, papers, and records of the Vendor which are directly pertinent to this contract for the purposes of
n1aking audits, examinations, excerpts, and transcriptions. The Vendor agrees to pem1it any of the foregoing
parties to reproduce by any tneans whatsoever or to copy excerpts and transcriptions as reasonably needed.
Nothing contained herein shall be construed as intending to limit or prohibit audits or internal reviews by
Federal personnel or the Cotnptroller General of the United States.
Retention Requirements for Records
The contractor shall retain financial records, supporting documents, statistical records and all other records
pertinent to the financial assistance agreement for a period of three years starting from the date of submission of
the final payment request. Authorized representatives of federal awarding agencies, the Federal Inspectors
General, the Comptroller General of the United States, the City or any of their designees shall have access to
any pertinent books, documents, and records of contractor in order to conduct audits or examinations. The
contractor agrees to allow monitoring and auditing by the City and/or authorized representative. If any
litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration
of the three-year period, the contractor shall retain records until all litigations, claims or audit findings involving
the records have been resolved and final action taken.
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.
20
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.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)
Each contractor certifies to the tier above by completing the Certification Regarding Lobbying form, 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 the City, an 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 must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award.
Clean Air Act (42 U.S.C. 7401-7671q.) and Federal Water Pollution Control Act (33 U.S.C. 1251-1387)
The contractor must comply with the Federal Clean Air Act (42 U.S.C. 7401 -767lq), as amended, and the
Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Failure to abide by these laws is
sufficient grounds to cancel the agreement. By agreeing to this agreement, the contractor certifies that the
contractor, its board of directors and principals are following these specific federal laws. Further, the contractor
shall report to the City any instance in which the contractor or any member of its board of directors or principals
is determined by any administrative agency or by any court in connection with any judicial proceeding to be in
noncompliance with any of these specific federal laws. Such report shall be submitted within ten (1 0) working
days following such determination. Failure to comply with the reporting requirement may be grounds for
termination of this agreement or suspension or debarment of the contractor.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 -3708)
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 they are 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 (b) ( 1) of this section the contractor and any subcontractor responsible there for 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 (b) ( 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 (b) ( 1) of this section.
3. Withholding for unpaid wages and liquidated damages. The contractor shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or cause to be withheld,
21
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) ofthis section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (b) (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 (b) (1) through (4) of this
section.
5. 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. 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 City and the Department of Labor,
and the contractor or subcontractor will permit such representatives to interview employees during working
hours on the job.
6. Contracts for construction, alteration, and repair, including painting and decorating, must provide that no
contractor or subcontractor contracting for any part of the contract work shall require any laborer or
mechanic employed in the performance of the contract to work in surroundings or under working conditions
that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and
health standards the Secretary of Labor prescribes by regulation based on proceedings pursuant to section
553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section
553 of title 5.
Debarment and Suspension (Executive Orders 12549 and 12689)
A contract award will not be made to parties listed on the government wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines, 2 CFR 180. SAM exclusions contain the names
of parties debarred, suspended or otherwise excluded by agencies as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
22
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national
origin. 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. The contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, City that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which they have a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders ofthe Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order ofthe Secretary of Labor, or
as otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
23
September 24, 1965, so that such provisions will be binding upon each contractor or subcontractor. The
contractor will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with
a contractor or subcontractor as a result of such direction by the administering agency, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance.
Section I 09(a) of the Housing and Community Development Act of 1974
No person in the United States shall on the grounds of race, color, national origin, religion, or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this title. Any
prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with
respect to an otherwise qualified handicapped individual as provided in Section 504 of the
Rehabilitation Act of 1973, shall also apply to any such program or activity.
Section 503 of the Rehabilitation Act of 1973
As amended, provides for the nondiscrimination in contractor employment. All recipients of Federal
funds must certify to the following through all contracts issued.
Affirmative Action for Handicapped Workers
a. The consultant will not discriminate against any employee or applicant for employment
because of physical or mental handicap in regard to any position for which the employee or
applicant for employment is qualified. The consultant agrees to take affirmative action to
employ, advance in employment, and to otherwise treat qualified handicapped individuals
without discrimination based upon their physical or mental handicap in all employment
practices, such as employment upgrading, demotion or transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training
including apprenticeship.
b. The consultant agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
c. In the event of the consultant's noncompliance with the requirements of this clause, actions
for noncompliance may be taken in accordance with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Act.
d. The consultant agrees to post in conspicuous places, available to employees and applicants
for employment, notices in a form to be prescribed by the Director, provided by orthrough
the contracting officer. Such notices shall state the consultant's obligation under the law to
take affirmative action to employ and advance in employment qualified handicapped
24
employees and applicants for employment, and the rights of the applicants and employees.
e. The consultant will notify each labor union or representative of workers, if applicable, with
which it has a collective bargaining agreement or other contract understanding that the
contractor is bound by terms of Section 503 of the Rehabilitation Act of 1973 and is
committed to take affirmative action to employ and advance in employment physically and
mentally handicapped individuals.
f. The consultant will include the provisions of this clause in every subcontract, if applicable, or
purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the
Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding
upon each subcontractor or vendor. The consultant will take such action with respect to any
subcontractor or purchase order as the Director of the Office ofF ederal Contract Compliance
Programs may direct to enforce such provisions, including action for noncompliance.
Section 504 of the Rehabilitation Act of 1973
As amended, provides for nondiscrimination of an otherwise qualified individual solely on the basis of
his handicap in benefiting from any program or activity receiving Federal fmancial assistance. All
recipients must certify to compliance with all provisions of this Section.
Age Discrimination Act of 1975
No person in the United States, on the basis of age, shall be excluded from participation in, be denied
benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial
assistance.
Authorized Employees
Consultant acknowledges that Section285.530, RSMo, prohibits any business entity or employer from
knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform
work within the State of Missouri. Consultant therefore covenants that is not knowingly in violation of
subsection 1 or Section 285.530, RSMo, and that it will not knowingly employ, hire for employment, or
continue to employ any unauthorized aliens to perform work on the Project, and that its employees are
lawfully to work in the United States.
Interest of Members of a City
No member ofthe governing body ofthe City and no other officer, employee, or agent ofthe City, who
exercises any functions or responsibilities in connection with the planning and carrying out of the
program, shall have any personal financial interest, direct or indirect, in this Contract, and the
Consultant shall take appropriate steps to assure compliance.
Interest of Other Local Public Officials
No member of the governing body of the locality and no other public official of such locality, who
exercises any functions or responsibilities in connection with the planning and carrying out of the
program, shall have any personal financial interest, direct or indirect, in this Contract, and the Consultant
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shall take appropriate steps to assure compliance.
Interest of Consultant and Employees
The Consultant covenants that he/she presently has no interest and shall not acquire interest, direct or
indirect, in the study area or any parcels therein or any other interest which would conflict in any
manner or degree with the performance of his/her services hereunder. The Consultant further
covenants that in the performance of this Contract, no person having any such interest shall be
employed.
Procurement of Recovered Materials
The contractor must comply with section 6002 of the Solid Waste Disposal Acts as amended by the Resources
Conservation and Recovery Act. The requirements of this section include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 24 7 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $1 0,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401)
If the contractor produces subject matter, which is or may be patentable in the course of work sponsored by this
agreement, the contractor shall promptly and fully disclose such subject matter in writing to the City. In the
event that the contractor fails or declines to file Letters of Patent or to recognize patentable subject matter, the
City reserves the right to file the same. The City grants to the contractor the opportunity to acquire an exclusive
license, including the right to sublicense, with a royalty consideration paid to the City. Payment of royalties by
contractor to the City will be addressed in a separate royalty agreement.
Termination
1. Termination for Cause. The City may terminate this agreement, in whole or in part, at any time before the
date of completion whenever it is determined that the contractor has failed to comply with the terms and
conditions of the agreement. The City shall promptly notify the contractor in writing of such a determination
and the reasons for the termination, together with the effective date. The City reserves the right to withhold
all or a portion of funds if the contractor violates any term or condition of this agreement. Termination for
cause may be considered for evaluating future agreements. The contractor may object to terminations with
cause and may provide information and documentation challenging the termination.
2. Termination for Convenience. Both the City and the contractor may terminate the agreement, in whole or in
part, when both parties agree that the continuation of the project would not produce beneficial results
commensurate with the further expenditure of funds.
3. The City reserves the right to terminate the contract at any time, for the convenience of the State of
Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar
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days prior to the effective date of such termination. The contractor shall be entitled to receive compensation
for services and/or supplies delivered to and accepted by the City pursuant to the contract prior to the
effective date of termination.
Domestic Preference for Procurements
As appropriate, and to the extent consistent with law (including 2 C.F.R. §200.322), the contractor 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 lhnited to iron, aluminum, steel, cement, and
other n1anufactured products.
Prohibition on certain telecommunications and video surveillance services or equipment
Contractors are prohibited from obligating or expending project funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. 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).
a. 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).
b. Telecommunications or video surveillance services provided by such entities or using such
equipment.
c, Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of the National Intelligence
or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned
or controlled by, or otherwise connected to, the government of a covered foreign country.
4. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1),
heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available
funding and technical support to assist affected businesses, institutions and organizations as is
reasonably necessary for those affected entities to transition from covered communications equipment
and services, to procure replacement equipment and services, and to ensure that communications service
to users and customers is sustained.
5. See Public Law 115-232, section 889 for additional information.
6. See also§ 200.471.
Disadvantaged Business Enterprise Statement
Contractors bidding on City contracts funded in whole or in part by assistance from a federal agency shall take
the following affirmative steps to assure that small, woman owned, and minority businesses are utilized when
possible as sources of supplies, services and construction items.
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a. Contractors will submit the name and other information, if any, about their DBE sub-contractors
along with their bid submissions.
b. Sufficient and reasonable efforts will be made to use qualified DBE sub-contractors when possible on
City contracts.
c. Qualified small, woman owned, and minority businesses will be included on solicitation lists as sub-
contractors for City supplies, services, and construction.
d. Qualified small, woman owned, and minority businesses will be solicited whenever they are potential
sources.
e. When economically feasible, contractors will divide total requirements into smaller tasks or quantities
so as to permit maximum small, woman owned, and minority business participation.
f. Where the requirements permit, contractors will establish delivery schedules which will encourage
participation by small, woman owned and minority businesses.
Contractors will use the services and assistance of the Small Business Administration, the Office of Equal
Opportunity, and the Community Services Administration.
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