HomeMy WebLinkAboutRes.2775.08-19-2013BILL NO. 13-119 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A GENERAL SERVICES AGREEMENT WITH CRAWFORD,
MURPHY AND TILLY, INC., FOR BUSINESS PARK CDBG
IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
General Services Agreement with Crawford, Murphy and Tilly,
Inc., for Business Park CDBG Improvements, in the City of Cape
Girardeau, Missouri, The Agreement is attached hereto as Exhibit
A, which document is hereby approved by the City Council, with
such changes therein as shall be approved by the officers of the
City executing the same.
PASSED AND ADOPTED THIS
ATTEST:
Gayle Conrad
City � erk
r
,qyA
DAY OF
E.(Rediger, Mayor
2013.
CONTRACT
For
Business Park CDBG Improvements
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PS&E, - ubmittal the EnRineer i# Re Ord will b� redresent n� tc� tl�e City that the, clesi�� r.� is`Meetin
the intent of` the prognam AAy re�ie��T or approval by 'it of an} clocurnents prepared by the
Consultant arA tor, its consultants, including but not Wnitecl to the plans and. specifications, shall b
oleJy dor the puzi)ose Of dderrnitt n Nether such do c,ut gents are onsistent � it � City's constructi�ii
rozrain and. ' intent :and shall not be construed as approval of sane by' Citi. o z aiew of such
documents shall relieve Consultant of its responsibility for the accuracy,. adequacy] fitness� suitability
and coordination of its wor product.
Consultant shall assigm only qualified personnel to perform any sennrice eoncetninj4 the Project, At
the time of e c:.,, iotz of the Task {order, the parties will a�r�e on the .project �ttna�er for the Task.
This person shall be the primary tit ith the City's Project IanaRer and shall have authodty to
bindConsultant,
onsultant.
ARTICLE X RETENTION OF RECORD
ARTICLE XIII - DECISIONS UNDER THIS CONTRACT
The -City will determine the acceptability of work performed under this contract,and will decide all.
questions which may arise concerning the project= The City`s decision shall be, final and conclusive.
ARTICLE SIV - SUCCESSORS AND ASSIGNS
Subject to the restrictions on assignments in Article V111 above, the: City and the Consultant' agree
that this contract and all contracts entered into under thepro3isions'oFthi contract shall be binding
upon tneparties hereto and their successors and assigns;
ARTICLE XV- COMPLIANCE N ITH LAWS
The Consultant shall comply. With all federal, state, and local laws, ordinances, and regulations
applicable to the work, including Title. V1 of the, Civil Riglits Act of 19614 and tmon7discrimination
clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of
obligations under this contract Consultant shall Further comply with 'the following stag lai,'
requirements:
ll'01k 41.wPvr-ization Program, If the Contract is for services expected to cast mare than 55,000.00
the Consultant shall comply with of Section 285;530 RSMo.,' pertaining to enrollment and
participation in, a federal work authorization prod>ranr (as defined therein) and shall provide
verification through an affidavit (attached as Attachment C). that the _ Consultant (1) docs not
knowingly employ any person who is an unauthorized alien in connection with the Contract and () is
enrolled ul a federal work 'authorization prograi and provide doculneilraryf pr of thereof. The
affidavit shall contain the notarized signature of the registered agent, legal representative or corporate
officer of the Consultant including but not limited to the human resources director or their. equivalent.
Proof trf Laiifint Presence, Section 20 .009 RS3Mo,, re -quires that all applicants at the tinhe of
application for any contract provided by a local goy errunent provide "affirmative proof that the
applicant is a citizen ora Ipermanent resilient of the United States or is lawfully present iii the united
States," Consultant's affi tilativ& proof n ust be established through (i) a Missouri driver's license,
(il) any "documentary evidence recognized by: the d partinent of revenue when processing an
application fora driv er`s license," or (iii) "any document issued by the federal govetnunent that
confirms all alien's lawful presence in the United States," §208.{}09.3
ARTICLE XVI - R; SPONSIBIL TY FQR.CLAIMS AND LIABILITY'
The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts
or the negligent acts of his employees, agents or subcontractors. The pity shall be entitled to recover
its actual attorlwys' fees frorri Consultant for the City<'s enforcement of this Agreement.
ARTICLE XVII — INSURANCE
r"I.TTACUMENT B
ATTACWgE T C
AFFIDAVIT OF PARTICIPATION IN
ATTACMAIENT D
Terms and Condition s
This Scope of Services is appentletl tee and made a,:part of ac antraet by and between the City of gape Girardcau, Missouri
and Crawford, Mutp1w and Tilly Inc. for proviSion oaf engxineenng services in cotjunction with a Comt 7unity
Development Block Grant prov=ided to the City; pursuant to the terms hereof.
Equal Employment Opportunity. DurinLT the performance of this contract, the Consultant agrees as follows;
a, The Consultant will not discriminate against any empIclyee or applicantt for employment because of disability,
race, creed; sex, color or national origin: The Consultant will take affirmative action to ensure that applicants are
employed, and that ernployees are treated during employment, Without regard to their disability, race, creed, sex, calor or
national origin. Such action shall include_, but nate be limited to, the fallowing: Employment, upgrading, demotion, or
transfer; recruitment or recruitment ads=ertising; layoff' or termination; rates of pay or, other formsof compensation, and
selection for training, including apprenticeship. ,- The Consultant agrees to pose in conspicuous places, available to
employees and applicants for employment, notices to be provided by the. City setting forth the provisions of this non
discrimination clause.
b. The Consultant will, in all solicitation or advertisements far employees placed by or on behalf of the
Consultant; state that all q alihed applicants will receive- consideration for etriploy rent without regard to disability, racer
creed, calor, sex, or national origin.
e, :The Consultant will cause the foregoing previsions to be it-serted in all subcontracts for any work covered by
this contracts that such provisions will be binding upon each subcontractor, provided that the. foregoing provisions shall
notapply to Contracts orsubcontracts for standard commercial supplies or raw materials.
d, The Consultant will comply with all provisions 'o Executive Order 11246 of September 24, 1965, and of the
rules, regulations and relevant orders of the Secretary of Labor.
e. The Consultant Will furnish all information and reports' required by Executive Order 11?46 of September 24,
1965, and by the rules, regulations. and orders of the Secretary of Labor, or pursuant thereto, andwilt permit access to his
books, records, and accounts by the City of'Housinu and Urban Development and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules. regulations and orders.
f. In the event of the Consultant's noncompliance with the lion-campliance'clauses of this Agreement or with any
of such rules, regulations or orders -this Agreement'may be canceled, terminated; or suspended in whole or: in part and the
Cuutstdtarrt:rna}} be: declared ineligible for further C;oyerninent contracts in aceardance with procedures authorised in
Executive 'Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided iti Etecuti i, -e Order 11246 of eptdmber 2=1, 1965, or by mile. ,regulation, or order of the Secretary of Labor, oras
otherwise provided, 'bylaw.
U; The Consultant will include the provisions of paragraphs (a) through (g)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 subcontractor or
vendor, The Consultant will take such action with respect to any subcontractor purchase order as the City relay direct as a
means of. enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the
Consultant becomes involved in, or is threatened` with- l tir~atioii with a 'subcontractor or vendor as a result of such
direction by the t ity, the Consultant may request the United States'Gaveetnent to enter into such litigation to protect the
interests ofthe United States.
Title Vf of the Civil Rights Act of 1964 provides that no person in (lie United States shall, on the ground of racer �.alor, or
national origin, be excluded from participation in. be denied the benefits of or be subjected to discrunination tinder any
program or activity receiv-ii g Federal financial assistance.
l�
demotion or transfer, recruitment. advertisinglayoff, or termination, rates of Fav or other forces of
compensation, and selection for training, including apprenticeship.
b) The contractor agrees to. comply with the rules, regulations, and relevant orders of the Secretary of Labor
issued,pursuant to the Act.
c r In the event of the contracto?s:noncompliance witlithe'reguirements of this clause, actions for noncompliance
may be takenin accordance with the Pules, regulations, and relevant arders of the Secretary or Labor issued
pursu .ant to tine Act.
d) The contractor 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 or through the contracting officer- Such notices
shall static the contractor's obliggatiAn under the lane to tale affirmative. action to employ and advance in
employment qualified handicapped employees and applicants for employment, and the rights of applicants and
employees.
e) The contractorwill notify each labor anion or representative of workers with which it has a collective
bargaining agremenk or other t tntract understanding, that the contractor is bound by the terms of Section 503'
d the Rehabilitation Act of 1073_ and is committed to take'affirmative action to employ and advance in
employment physically and mentally handicapped individuals.
fl The contractor will, include the provisions, of this clause in every subcontract or purchase order of 52,500 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 contractor Nvill take such
action' N ith respect to any subcontractor or. purchase Girder as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions, hicludin,_> 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/her handicap in benefiting from any program or activity receiving federal financial
assistance.' Tilt recipients must certify to compliance with all provisions of this Section.
Age Discrimination Act of 1915,
No person in the united States. on the basis of age, be excluded .from participation in, be denied the beciefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance.
Interest of City, I4ot the City nor ally employee or agent of the City who exercises any functions or responsibilities in
connection. witll the planning and carryimx.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 compliatim
interest of Cit+, or,Local-Public Officials. Not the City of men -lberof the uo�ernYi�tg body of the locality= and no other
public official of such locality, who exercises any functions or responsibilities in connection with the_ptanning- and
carryin4 out of rile program. shall have any, personal financial interest. direct or indirect, in this Col tract, and the
Consultant shall take appropriate steps to assure compliance.
Interest of Consultant and Emplovees: The Consultant covenants that it presently has on 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 of degree with the performance of its services hereunder, The Consultant further covenants that in the
performance of this contract, no person having any such interest shall be ediploved_
Executive Order 11663% as amended. The City and the Cot pliant are directed to tale all action iec 6sary and
Appropriate to prevent discrimination in housing and related facilities owned or operated by the Federal Government of
,provided. with Federal financial assistance and in the lending practices with respect to residential property, and related
facilities (includina land to be developed forresidential uses) of`Ieliding institutions_ insofar as stteh practices related to
loans insured or guaranteed by the Federal Government.
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