HomeMy Public PortalAboutORD16408BILL NO. 2023-076
SPONSORED BY Councilmember Spencer
ORDINANCE NO. 4O
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MACC
CONTRACTING, INC, FOR THE CLEANUP OF THE CITY CONTROLLED SECTION
OF PROPERTY LOCATED AT 102 N. CHESTNUT ST, OTHERWISE KNOWN AS
MSP.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. MACC Contracting, INC is hereby approved as the best qualified firm
to provide services related to the cleanup of the City controlled section of MSP
addressed as 102 N Chestnut St. and their proposal is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with MACC Contracting, INC to provide services for cleanup of City
controlled section of MSP addressed as 102 N Chestnut St.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed:
4.,14- 2,02,4
Presiding Office
ATTEST:
Approved: X B • 6 , Zo Z �L
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 MACC Contracting, Inc hereinafter referred to as “Contractor”.
WITNESSETH:
THAT WHEREAS, the City desires to engage the Contractor to render certain services to mow,
and remove all brush, weeds, small tress (under 12” in diameter), trash, metal, and other debris on the
property located at 102 Chestnut Street for both pricing and optional scopes of work, hereinafter described
in Exhibit A.
WHEREAS, Contractor has made certain representations and statements to the City with respect
to the provision of such services and the City has accepted said proposal to enter into a contract with the
Contractor for the performance of services by the Contractor.
NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City
and the Contractor as follows:
1. Scope of Services.
Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for services to
mow, and remove all brush, weeds, small tress (under 12” in diameter), trash, metal, and other debris on
the property located at 102 Chestnut Street for both pricing and optional scopes of work, 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 January 16, 2024, 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 Sixty Thousand Dollars and Zero Cents ($60,000.00).
3. Term.
This contract shall commence on the date last executed by a party as indicated below. The Contractor shall
perform said work in accordance with the contract documents as set forth in Exhibit A, by March 31, 2024
or as approved by the City.
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.
12. Termination.
If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under
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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.
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
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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, $3,500,000 Annual
Aggregate; provided that nothing herein shall be deemed a waiver of the City’s sovereign immunity. An
endorsement shall be provided which states that the City is named as an additional insured and stating that
the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements
of this section, or not renewed without 30 days advance written notice of such event being given to the City.
21. Documents.
Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be
delivered upon request to and become the property of the City upon termination or completion of work.
Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under
this contract shall be made available, upon request, to the City without restrictions or limitations on their
use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and
delivering same.
22. Books and Records.
The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and
other evidence pertaining to costs incurred in connection with this contract, and shall make such materials
available at their respective offices at all reasonable times during the contract and for a period of three (3)
years following completion of the contract.
23. Nonsolicitation.
The Contractor warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warranty, the
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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: If to the Contractor:
City of Jefferson MACC Contracting, Inc
Department of Planning & Protective Services Alex Straughn
320 East McCarty Street 8870 Frost Street
Jefferson City, Missouri 65101 Berkeley, Missouri 63134
[Signatures to follow on next page.]
APPROVED AS TO FORM:
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CITY OF JEFFERSON, MISSOURI MACC CONTRACT G, INC
Mayor, Ron Fi
Date:
(/<°:
Title: v/
Date: i-o?-aY
ATTEST: ATTEST:
Title:
EXHIBIT A
ATTACHMENT A-PRICING FORM
(Only lllle tbl11 form is submittlnx a l1ard-copy bid. Electronic: bids must submit prlcb1g vh1
Bonfire Pridng Form)
Bidders shall indicate firm, ji.u:d pricing/or lhe sites below for demolition se,,,/ces as described
f1ereln. Bidders 111u11 bid on one or boll, ru r1/!!S.
Line
#
I.
2.
SUBCONTRACTORS
-Sum Cost
ofWork
All subcontraclom shDII be lislcd iftbe bidda-Intends lo use subcoallllClOn.
DiscOWll for prompl payment oa invoices only_%_ days. (Discount will not be 8Vlllualcd.)
Do you rcpreaent a disadvantaged busillcss? YES _NO X
Do you represent a WOIDID-OWIICd buslllCII? YES L NO_
//We the und11nl,ned do herby r:erd/J 1hat rhe ln/onuallan praellled In 1111:, bJd f:, rrne and accurate and
agra to prollltk the sp«ffla ·11 and 1o,ifca at th• prlet1 and rinll #llted if awardt:d 1/uJ bid.
NAMB OF COMPANY~·~11:...w....i..--,1-""'ll.,;..1.£.-"i""iU.:....;..:.~,_-;.;q. ____ _
AGENT AND TITLE ~µ..r..a,...__:~.:..:..l~~.,:-:-.a......,,---.11...'---r----:"".'--
ADDRESS 8 lo -f
TELEPHON~717'lf ~~ADDRESS
SIONATUREOFBD>DER_"'7..,,,~c;._....,.;~,1:, __ __,,__ ____ _
'Form ofB111inna: _ Sole Pnipric1vnhip _ hnnenihlp ~on _ Umltcd Lillbilliy Corponllion
10
EXHIBIT A -SITE PHOTOS Primary Scope of Work
102 Chestnut-Primary Scope of Work
18
MAP OF AREA FOR OPTIONAL WORK
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EXlllBIT B -FEDERAL CLAUSES
The City of Jefferson is a recipient federal grant funds through HUD's Community Development Block Grant
program. Therefore, the following requirements shall be fully considered in preparing responses and performing
work under any resulting award.
Access to Records and Record Retention
Contractor shall maintain records in accordance with requirements prescribed by Treasury, the State of
Missouri, with respect to all matters covered by this contract. Such records shall be maintained for a
period of five (5) years after receipt of the final payment under this contract. If, however, any
litigation, claim or audit is started before the expiration of the five-year period, then records must be
retained for five years after the litigation claim or audit is resolved.
All documents pertaining in whole or in part to this contract shall be clearly identified and readily
accessible.
Contactor must give the State, OED, Treasury, Treasury's Office of the Inspector General, the
Government Accountability Office, the Missouri State Auditor, and their authorized representatives,
access to any records ( electronic and otherwise) of Contractor related to this Subaward in order to
conduct inspections, audits, or other investigations. Contractor must also give timely and reasonable
access to its personnel for the purpose of interview and discussion related to such records.
General Reporting Obligations
The Contractor agrees to complete and submit all reports, in such form and according to such schedule,
as may be required by Treasury, the State of Missouri or the local government entity. The Contractor
further agrees to require any subcontractors to submit reports that may be required and to incoi:porate
such language in its agreements.
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.
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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.
Businesses Registered to Do Business in Missouri and in Good Standing
Contractor must ensure that its vendors, contractors, or subcontractors are registered and in good
standing with the State of Missouri (unless not required by law to register under law) by checking the
entity on the Missouri Secretary of State's business entity search or by requiring a copy of a certificate
of good standing.
Energy Policy and Conservation Act
The contractor must comply with standards and policies relating to energy efficiency which are contained in
the state energy conservation plan (Missouri Office of Administration's Comprehensive State
Energy Plan) issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89
Stat 871).
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 (10) 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.
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.
The contractor certifies, to the best of its knowledge and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, 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
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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;
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor
shall complete and submit Standard Form-LLL," Disclosure Form to Report Lobbying," in
accordance with its instructions; and In addition to other provisions required by the Federal
agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal
award must contain provisions covering the following, as applicable.
iii. Contractor must require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Compliance with Federal, Local and State Laws
The contractor shall be bound by, and comply with all applicable federal, state, and local laws and
regulations, including but not limited to 2 CFR Part 200 Appendix II (Contract Provisions for non-
Federal Entity Contracts Under Federal Awards) and 24 CFR Parts 570.
Contract Work Houn 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.
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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, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraph (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 surrooodings 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 Orden 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 0MB 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.
Title VI of the Civil Rights Act of 1964, as amended (Nondiscrimination in Federally Assisted
Programs)
The contractors, subcontractors, successors, transferees, and assignees shall comply with Title VI of
the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding
from a program or activity, denying benefits of, or otherwise discriminating against a person on the
basis of race, color. or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department
of the Treasury's Title VI regulations, 31 CFR part 22, which are herein incorporated by reference and
made a part of this agreement. Title VI also includes protection to persons with "Limited English
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Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et
seq., as implemented by the Deparbnent of tpe Treasury's Title VI regulations 31 CFR part 22, and
herein incorporated by reference and made a part of this agreement.
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 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 of the 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.
38
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 of the 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 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.
Executive Order 13166 Improving Access to services for Persons with Limited English
Proficiency
Contractor acknowledges that federal Executive Order 13166, "Improving Access to Services for
Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and
activities for individuals who, because of national origin, have Limited English Proficiency ("LEP").
Contractor understands that denying a person access to its programs, services, and activities because of
LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of
1964 and Treasury's implementing regulations. Accordingly, Contractor must initiate reasonable steps,
or comply with Treasury's directives, to ensure that LEP persons have meaningful access to its
programs, services, and activities. Contractor understands and agrees that meaningful access may
entail providing language assistance services, including oral interpretation and written translation
where necessary, to ensure effective communication in Contractor's programs, services, and activities.
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)
Contractor will comply with all relevant requirements of Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601-19, known as the Fair Housing Act), and implementing regulations, which provide that
no person shall, on the basis of race, color, religion, sex, familial status, national origin, or disability,
be discriminated against in the sale, rental, and :financing of dwellings, and in other housing-related
transactions.
Title U of the Americans with Disabilities Act (all services, programs, and activities provided or
made available by public entities)
Contractor will comply with all relevant requirements of Title II of the Americans with Disabilities Act
(42 U.S.C. 12101 et seq.) and implementing regulations, which prohibits discrimination on the basis of
39
disability in services, programs, and activities provided or made available by state or local
governments or instrumentalities or agencies thereto.
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 247 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 $10,000; 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 bas 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 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.
40
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 limited to iron,
aluminum, steel, cement, and other manufactured products.
Anti-Discrimination against Israel Act (§ 34.600, RSMo, passed in 2020)
Contractor certifies that it is not currently, and will not for the duration of the contract, engage in a
boycott of goods or services from: ( a) the State of Israel; (b) companies doing business in or with Israel
or authorized by, licensed by, or organized under the laws of the State of Israel; or (c) persons or
entities doing business in the State of Israel, and agrees to not engage in these activities for the
duration of this contract.
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.
41
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.
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.
Bonding Requirements -2 CFR § 200.326 Bonding Requirements
For construction or facility improvement contracts or sub contracts exceeding the Simplified
Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding
policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-
through entity has determined that the Federal interest is adequately protected. If such a determination
has not been made, the minimum requirements must be as follows:
(a)A bid guarantee from each bidder equivaltnt to five percent of the bid price. The "bid
guarantee" must consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of
the bid, execute such contractual documents as may be required within the time specified.
(b)A performance bond on the part of the contractor for 100 percent of the contract price. A
''performance bond" is one executed in connection with a contract to secure fulfillment of all
the contractor's requirements under such contract.
( c )A payment bond on the part of the contractor for 100 percent of the contract price. A
"payment bond .. is one executed in connection with a contract to assure payment as required by
law of all persons supplying labor and material in the execution of the work provided for in the
contract.
42
Prohibition on Employment of Unauthorized AJiens/E-Verify Participation Requirement
Pursuant to subsection I of section 285.530, RSMo, no contractor or subcontractor shall knowingly
employ, hire for employment, or continue to employ an unauthorized alien to perform work within the
state of Missouri.
Contractor covenants that it is not knowingly in violation of subsection 1 of 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 authorized to work in the
United States.
Pursuant to section 285.530, RSMo, for contracts in excess of$5,000, Contractor affirms its
enrollment and participation in a federal work authorization program (as of the date hereof, the
Employment Eligibility Verification Program (E-V erify) authorized by the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, as amended).
In accordance with sections 285.525 to 285.550, RSMo, a general contractor or subcontractor of any
tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor
who violates subsection 1 of section 285.530, RSMo, if the contract binding the contractor and
subcontractor affirmatively states that:
a. The direct subcontractor is not knowingly in violation of subsection 1 of section285.530,
RSMo, and shall not henceforth be in such violation.
b. The contractor or subcontractor receives a sworn affidavit under the penalty of perjury
attesting to the fact that the direct subcontractor's employees are lawfully present in the United
States.
Section 504 of the Rehabilitation Act of 1973
Contractor will comply with all relevant requirements of Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. § 794), and implementing regulations, which provide that no otherwise qualified person
shall, solely by reason of his or her disability, be subjected to discrimination in any program or activity
receiving federal :financial assistance.
Age Discrimination Act of 1975
Contractor will comply with all relevant requirements of the Age Discrimination Act of 1975 ( 42
U.S.C. §§ 6101 -6107), and implementing regulations, which provide that no person shall, on the
basis of age, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
Text Messaging while Driving
Contractor will comply with all relevant requirements of the Age Discrimination Act of 1975 (42
U.S.C. §§ 6101-6107), and implementing regulations, which provide that no person shall, on the
basis of age, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
43
Planning and Protective Services
320 E McCarty Street
JEFFERSON CITY, MISSOURI 65101
Change Order No. One (1) Date: 2/20/2024
Job & Location: 102 Chestnut Cleanup
Contractor. MACC Contracting
Account Number. No Cost Change Order
It Is hereby mutually agreed that when this change order has been signed by the contracting parties, the following described changes In the
work required by the contract shall be executed by the contractor without changing the terms of the contract except as herein stipulated and
agreed.
DESCRIPTION OF CHANGES:
Note: Item numbers prefixed with "EW" (Extra Work) are new line Items to the contract
Quantity in Quantity in Revised Amount of
Item Original Change Contract Overrun or
No. Description Unit Contract Order Quantity Unit Price Underrun
Change order removes the existing Exhibit B -
Federal Clauses and replaces it with the attached
1 Exhibit B - Federal Clauses 1 $0.00 $0.00
CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES:
I/We hereby agree to the modifications of the contract as described above and agree to furnish all materials and labor and perform all work in
connection therewith in accordance with the requirements for similar work in existing contract except as otherwise stipulated herein, for the
following considerations:
Contract Amount - Add To - or Dodeet-from - the Contract Amount $Zero Dollar Change Order
Contract Time - Add To - or Dedest-frere - the Contract is 0 Working - Calendar days
STATEMENT OF CONTRACT AMOUNT:
ORIGINAL CONTRACT
PREVIOUS APPROVED CHANGE ORDERS
TOTAL THIS CHANGE ORDER
TOTAL OF ALL CHANGE ORDERS
CONTRACT AMOUNT TO DATE
Recommended by:
Verification of Encumbrance:
Accepted by:
Approved as to form:
7�- ._ n or (MACC C ntracting)
Amount % Change Time
$60,000.00
$0.00 0.0% 0
$0.00 0.0% 0
$0.00 0.0% 0
$60,000.00
Ik"' ""`tadive Services or
\ A e
Finance Director
City Administrator
Date
S 411 -
De / c�.
2-A3
3 12
.
Data
Date
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 and Record Retention
Contractor shall maintain records in accordance with requirements prescribed by Treasury, the State of
Missouri, with respect to all matters covered by this contract. Such records shall be maintained for a
period of five (5) years after receipt of the final payment under this contract. If, however, any litigation,
claim or audit is started before the expiration of the five-year period, then records must be retained for
five years after the litigation claim or audit is resolved.
All documents pertaining in whole or in part to this contract shall be clearly identified and readily
accessible.
Contactor must give the State, DED, Treasury, Treasury's Office of the Inspector General, the
Government Accountability Office, the Missouri State Auditor, and their authorized representatives,
access to any records (electronic and otherwise) of Contractor related to this Subaward in order to conduct
inspections, audits, or other investigations. Contractor must also give timely and reasonable access to its
personnel for the purpose of interview and discussion related to such records.
General Reporting Obligations
The Contractor agrees to complete and submit all reports, in such form and according to such schedule, as
may be required by Treasury, the State of Missouri or the local government entity. The Contractor further
agrees to require any subcontractors to submit reports that may be required and to incorporate such
language in its agreements.
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.
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.
Businesses Registered to Do Business in Missouri and in Good Standing
Contractor must ensure that its vendors, contractors, or subcontractors are registered and in good standing
with the State of Missouri (unless not required by law to register under law) by checking the entity on the
Missouri Secretary of State's business entity search or by requiring a copy of a certificate of good
standing.
Energy Policy and Conservation Act
The contractor must comply with standards and policies relating to energy efficiency which are contained in
the state energy conservation plan (Missouri Office of Administration's Comprehensive State Energy
Plan) issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163,89 Stat. 871).
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 — 7671q), 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 (10) 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.
New Restrictions on Lobbying (contracts exceeding $100,000).
The contractor certifies, to the best of its knowledge and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, 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;
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit
Standard Form-LLL," Disclosure Form to Report Lobbying," in accordance with its instructions; and In
addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by
the non -Federal entity under the Federal award must contain provisions covering the following, as
applicable.
iii. Contractor must require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Compliance with Federal, Local and State Laws
The contractor shall be bound by, and comply with all applicable federal, state, and local laws and regulations,
including but not limited to 2 CFR Part 200 Appendix II (Contract Provisions for non -Federal Entity Contracts
Under Federal Awards) and 24 CFR Parts 570.
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, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime contractor,
or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (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.
Section 504 of the Rehabilitation Act of 1973
Contractor will comply with all relevant requirements of Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. § 794), and implementing regulations, which provide that no otherwise qualified person shall,
solely by reason of his or her disability, be subjected to discrimination in any program or activity
receiving federal financial assistance.
Age Discrimination Act of 1975
Contractor will comply with all relevant requirements of the Age Discrimination Act of 1975 (42 U.S.C.
§§ 6101 — 6107), and implementing regulations, which provide that no person shall, on the basis of age,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
Title VI of the Civil Rights Act of 1964, as amended (Nondiscrimination in Federally Assisted
Programs)
The contractors, subcontractors, successors, transferees, and assignees shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race,
color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR part 22, which are herein incorporated by reference and made a part of this
agreement. Title VI also includes protection to persons with "Limited English Proficiency" in any
program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by
the Department of the Treasury's Title VI regulations 31 CFR part 22, and herein incorporated by
reference and made a part of this agreement.
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
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 of the 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 of the 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 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.
Executive Order 13166 Improving Access to services for Persons with Limited English Proficiency
Contractor acknowledges that federal Executive Order 13166, "Improving Access to Services for Persons
with Limited English Proficiency," seeks to improve access to federally assisted programs and activities
for individuals who, because of national origin, have Limited English Proficiency ("LEP"). Contractor
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and Treasury's
implementing regulations. Accordingly, Contractor must initiate reasonable steps, or comply with
Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and
activities. Contractor understands and agrees that meaningful access may entail providing language
assistance services, including oral interpretation and written translation where necessary, to ensure
effective communication in Contractor's programs, services, and activities.
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)
Contractor will comply with all relevant requirements of Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601-19, known as the Fair Housing Act), and implementing regulations, which provide that no
person shall, on the basis of race, color, religion, sex, familial status, national origin, or disability, be
discriminated against in the sale, rental, and financing of dwellings, and in other housing -related
transactions.
Title II of the Americans with Disabilities Act (all services, programs, and activities provided or
made available by public entities)
Contractor will comply with all relevant requirements of Title II of the Americans with Disabilities Act
(42 U.S.C. 12101 et seq.) and implementing regulations, which prohibits discrimination on the basis of
disability in services, programs, and activities provided or made available by state or local governments
or instrumentalities or agencies thereto.
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 247 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 $10,000; 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 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 limited to iron,
aluminum, steel, cement, and other manufactured products.
Anti -Discrimination against Israel Act (§ 34.600, RSMo, passed in 2020)
Contractor certifies that it is not currently, and will not for the duration of the contract, engage in a
boycott of goods or services from: (a) the State of Israel; (b) companies doing business in or with Israel or
authorized by, licensed by, or organized under the laws of the State of Israel; or (c) persons or entities
doing business in the State of Israel, and agrees to not engage in these activities for the duration of this
contract.
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.
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.
Bonding Requirements
2 CFR § 200.326 Bonding requirements.
For construction or facility improvement contracts or sub contracts exceeding the Simplified Acquisition
Threshold, the Federal awarding agency or pass -through entity may accept the bonding policy and
requirements of the non -Federal entity provided that the Federal awarding agency or pass -through entity
has made a determination that the Federal interest is adequately protected. If such a determination has not
been made, the minimum requirements must be as follows:
(a)A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee"
must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such
contractual documents as may be required within the time specified.
(b)A performance bond on the part of the contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the
contractor's requirements under such contract.
(c)A payment bond on the part of the contractor for 100 percent of the contract price. A "payment
bond" is one executed in connection with a contract to assure payment as required by law of all persons
supplying labor and material in the execution of the work provided for in the contract.
Prohibition on Employment of Unauthorized Aliens/E-Verify Participation Requirement
Pursuant to subsection 1 of section 285.530, RSMo, no contractor or subcontractor shall knowingly
employ, hire for employment, or continue to employ an unauthorized alien to perform work within the
state of Missouri.
Contractor covenants that it is not knowingly in violation of subsection 1 of 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 authorized to work in the United States.
Pursuant to section 285.530, RSMo, for contracts in excess of $5,000, Contractor affirms its enrollment
and participation in a federal work authorization program (as of the date hereof, the Employment
Eligibility Verification Program (E -Verify) authorized by the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, as amended).
In accordance with sections 285.525 to 285.550, RSMo, a general contractor or subcontractor of any tier
shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who
violates subsection 1 of section 285.530, RSMo, if the contract binding the contractor and subcontractor
affirmatively states that:
a. The direct subcontractor is not knowingly in violation of subsection 1 of section285.530,
RSMo, and shall not henceforth be in such violation.
b. The contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting
to the fact that the direct subcontractor's employees are lawfully present in the United States.
State Prevailing Wage
Contractor will comply with the State of Missouri Prevailing Wage requirements.
Text Messaging while Driving
Federal Executive Order 13513, 74 FR 51225
Contractor is encouraged to adopt and enforce policies that ban text messaging while driving.
Planning and Protective Services
320 E McCarty Street
JEFFERSON CITY, MISSOURI 65101
Change Order No. Two (2) Date: 3/7/2024
Jcb & Location: 102 Chestnut Cleanup
Contractor. MACC Contracting
Account Number. 10-142-522018
It is hereby mutually agreed that when this change order has been signed by the contracting parties, the following deserted changes in the
work required by the contract sha:l be executed by the contractor without changing the terms of the contract except as herein stipulated and
agreed.
DESCRIPTION OF CHANGES:
Note: Item numbers prefixed with "EW' (Extra Work) are new line items to the contract.
Quantity in Quantity in Revised Amount of
Item Original Change Contract Overrun or
No. Description Unit Contract Order Quantity Unit Price Underpin
Cleating additional area at 102 Chestnut that was
1 not visible during the Initial bid 1 $4,970.00 34,970.00
CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES:
I/We hereby agree to the modifications of the contract as descnbed above and agree to furnish all materials and labor and perform all work In
connection therewith In accordance with the requirements for similar work in existing contract except as otherwise stipulated herein, for the
fotiowing considerations:
Contract Amount - Add To - or pecitsst-fFeffi - the Contract Amount Four Thousand, Nine Hundred and Seventy Dollars
(4,970.00)
Contract Time - Add To - or Deduet-kern - the Contract is 0 Working - Calendar days
STATEMENT OF CONTRACT AMOUNT:
ORIGINAL CONTRACT
PREVIOUS APPROVED CHANGE ORDERS
TOTAL THIS CHANGE ORDER
TOTAL OF ALL CHANGE ORDERS
CONTRACT AMOUNT TO DATE
Amount % Change Time
560,000.00
$0.00 0.0% 0
54,970.00 8.3% 0
54,970.00 8.3% 0
564,970.00
Recommended by:
Verification of Encumbrance:
Accepted by:
Approved as to form:
Date
5-211
Dato
Corrigan, Leigh Ann
From Helmick, David
Sent Wednesday, March 6, 2024 427 PM
To: Corrigan, Leigh Ann
Subject FW: Notice to Proceed
Leigh Ann
We would like a change order issued to MACC for clearing of an additional City owned portion of MSP site that was not
visible during Initial bidding. Value of change order will be $4,970
Thank You
Dave Helmick
Housing/Property Supervisor
City of Jefferson
320 E McCarty Street
Jefferson City, MO 65101
573-634-6416 Office
www.ieffersonc ltvmo.sov
From: Alex Straughn <alex@macccontracting.com>
Sent Wednesday, March 6, 2024 2:47 PM
To: Helmick, David <DHeimick@jeffersoncitymo.gov>
Subject Re: Notice to Proceed
David
The cost would be $4,970 for this area.
Alex Straughn
573-745-7659
MACC Contracting. Inc
-CONTRACTING
---
On Fri, Feb 9, 2024 at 9:47 AM Helmick, David <DHelrliJckt )leffersoncitvmo.r ov> wrote:
Please see the attached "Notice to Proceed" for the Cleanup of 102 Chestnut protect. I will be your contact for the
proms
Thank You
Dave Helmick
1