Board of Aldermen Regular Session

BOARD OF ALDERMAN REGULAR AGENDA Monday, July 24, 2023 7:00 p.m. Community Building 601 W Main Street Odessa, MO 64076 Please click the link below to join the webinar: Zoom Meeting Passcode: 178394 In addition, the meeting will be viewable on the City of Odessa, Missouri Government Facebook page @odessamissouri CALL TO ORDER Mayor Stephen Wright PLEDGE OF ALLEGIANCE Mayor Stephen Wright ROLL CALL City Clerk Karen Findora WELCOME TO VISITORS Mayor Stephen Wright CONSENT AGENDA Approval of Minutes All matters under the Consent Agenda, are ● July 10, 2023 – Regular Session Considered to be routine by the Aldermen and will be enacted by one motion with no Sale of Personal Property - 2006 Kubota Tractor separate discussion. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the Aldermen. MAYOR’S REPORT ALDERMEN REPORTS PUBLIC COMMENTS OLD BUSINESS NEW BUSINESS Special Event Permit Date: Each Tuesday of the Month Bass Fishing Tournament Time: 6:00 p.m. – 9:00 p.m. Request: Fishing Tournament at the Odessa Reservoir. Submitted by: Justin Marten Resolution No. 2023-26 Proposed Resolution No. 2023-26 stating facts and reasons for the FY 23 Budget Amendments necessity to amend and increase certain components of the City’s annual budget for the fiscal year ending March 31, 2023. Shawna Davis, City Administrator Resolution No. 2023-27 Contract for the Engineering and Design of the Downtown Engineering/Design Contract Infrastructure Improvements with Anderson Engineering Downtown Infrastructure Improvements Shawna Davis, City Administrator Discussion Motor Bikes in City Limits Next Scheduled Meeting Monday, August 14, 2023, at 7:00 p.m. Regular Session Adjourn to Closed Session Pursuant to RSMO 610.021 (1) Legal actions, causes of action, litigation, or confidential attorney/client communication Pursuant to RSMO 610.021 (2) Real Estate Negotiations Pursuant to RSMO 610.021 (3) Personnel Adjourn Upcoming Municipal Schedule: July 25, 2023 – Park Board – 7:00 p.m. @ Community Bldg. August 14, 2023 – Board of Alderman – 7:00 p.m. @ Community Bldg. Upcoming Community Schedule: Third Thursday – Downtown Odessa Shops stay open until 8:00 p.m. Third Friday each month, Country Jubilee – 6:00 p.m. @ Community Bldg.Every Saturday – City Market - 8:00 a.m. @ Railroad Park Odessa Stuff the Bus–School supply donations may be dropped off @ 701 S 3rd Street or mailed to Odessa R-VII Central Office c/o Stuff the Bus August 3rd - 6th, 2023 - Odessa Puddle Jumper Days ELECTED OFFICIALS Mayor Stephen Wright steve.wright@cityofodessamo.com (816) 918-6634 Ward 1 Alderwoman Mickey Starr mickey.starr@cityofodessa.com (816) 260-8448 Ward 1 Alderwoman Karla Polson karla.polson@cityofodessamo.com (816) 739-2224 Ward 2 Alderwoman Donna Ehlert donna.ehlert@cityofodessamo.com (816) 263-9559 Ward 2 Alderman Bryan Barner bryan.barner@cityofodessamo.com (816) 985-0361 Ward 3 Alderman Bob Carey bob.carey@cityofodessamo.com (805) 320-4877 Ward 3 Alderman Shawn Cramer shawn.cramer@cityofodessamo.com (816) 522-3827 Posted July 21, 2023 City Hall & City Website Emailed to The Odessan Karen Findora, City Clerk PO Box 128 ∙ 125 S Second ∙ Odessa, MO 64076 Email | Phone: (816) 230-5577 | Fax: (816) 633-4985 | www.cityofodessa.com  City of Odessa, Missouri Board of Aldermen Odessa Community Building | 601 W. Main Street Regular Meeting ~ July 10, 2023 | 7:00 p.m. Meeting Minutes MEDIA LINK CALL TO ORDER / PLEDGE OF ALLEGIANCE Mayor Stephen Wright called the meeting to order at 7:00 p.m., and led in the pledge of allegiance. ROLL CALL Karen Findora, City Clerk called the roll and confirmed a quorum. Mayor Stephen Wright Present Alderman Bob Carey Present Alderwoman Karla Polson Present Alderwoman Donna Ehlert Present Alderman Bryan Barner Present Alderwoman Mickey Starr Present Alderman Shawn Cramer Present OTHERS IN ATTENDANCE Shawna Davis, City Administrator Kenny Snider, Wastewater Mallory Chiesa-Cullum, Finance Director Darrin Lamb, Streets Karen Findora, City Clerk Troy Woutzke, Electric Josh Thompson, Police Chief Lindsey Kolisch, Lauber Municipal Law PUBLIC IN ATTENDANCE Hannah Spaar, Odessan Bobby Long Heriberto & Renee Landa Jerry Gartner Leslie Brice APPROVAL OF CONSENT AGENDA Approval of minutes • June 26, 2023 – Regular Session • Finance Rpt. March, April, May • Police Rpt. June • Municipal Court Rpt. June • Addendum to the Letter of Engagement with Dana F. Cole & Company, LLP for audit services Alderwoman Ehlert moved to approve the Consent Agenda items, seconded by Alderwoman Polson. Motion carried 6-0 MAYOR’S REPORT Mayor Wright expressed gratitude to the City Staff and VFW for organizing the Independence Day event for Odessa residents. ALDERMEN REPORTS • Alderman Barner expressed gratitude to the residents of South Russell Street and Crestview Drive for their patience during the ongoing road construction. • Alderman Carey – No Report • Alderwoman Ehlert – No Report • Alderwoman Polson – No Report • Alderwoman Starr – No Report • Alderman Cramer expressed gratitude to the City Staff and VFW for organizing the 4th of July event, which was enjoyed by the residents of Odessa. PUBLIC COMMENTS Jerry Gartner, a resident, expressed concern about the rising number of mini bikes and scooters in town and asked staff to investigate. OLD BUSINESS None NEW BUSINESS Recognition Odessa In Focus 2023 Photo Contest Winners Mayor Wright and Shawna Davis, City Administrator recognized three Odessa residents for their outstanding participation in the Odessa In Focus Photo Contest. Thank you to Jenny Riedl, Police Clerk for overseeing the process to put together the Odessa In Focus Photo Contest. • Odessa Outdoors: Leslie Brice, Calm Reservoir • Favorite Place in Odessa: Bobbie Long, Odessa Rodeo • Life in Odessa: Heriberto Landa, America’s Town Each of the winners received a $25.00 Chamber Bucks price that they could use at any Odessa business. Congratulations to the winners! Leslie Brice, Mayor Steve Wright, Bobbie Long, Heriberto Landa Motion of Approval School Resource Officers Mayor Wright asked for a motion of approval for the 2023/2024 Third and Fourth School Resource Officers Memorandum of Understanding “MOU” with the Odessa Missouri R- VII School District. Motion was made by Alderwoman Ehlert, to approve the “MOU” for the Third and Fourth School Resource Officers with the Odessa Missouri R-VII School District, seconded by Alderman Barner. Discussion: Alderman Cramer inquired about the school district's responsibility for the cost over five years and what happens thereafter. Police Chief Josh Thompson responded that they aim to sustain the process by securing grants to support the SRO's positions. Next Scheduled Meeting: Monday, July 24, 2023, at 7:00 p.m. Adjourn to Closed Session There being no further business to come before the Board of Alderman in open session, motion was made by Alderman Barner, seconded by Alderwoman Ehlert, to move the meeting into closed session at 7:10 p.m. pursuant to RSMo 610.021 (2) Real Estate Negotiations. Vote as follows: Alderman Cramer yes Alderwoman Ehlert yes Alderman Carey yes Alderwoman Polson yes Alderwoman Starr yes Alderman Barner yes Motion carried 6-0. Adjourn There being no further business to come before the Board of Alderman, motion was made by Alderman Cramer, seconded by Alderman Barner, to adjourn the meeting at 7:26 p.m. Motion carried 6-0. Adjourn There being no further business to come before the Board of Alderman, motion was made by Alderman Cramer, seconded by Alderman Barner, to adjourn the meeting at 7:26 p.m. Motion carried 6-0. Approved: CITY OF ODESSA _______________________ ________________________________ Stephen L. Wright, Mayor ATTEST _____________________ Karen Findora, City Clerk  BOARD OF ALDERMEN ACTION REPORT ISSUE: Approval - Permission to allow the City Administrator to sell city-owned personal property of a 2006 Kubota Tractor. ACTION REQUESTED: Motion/Second to approve allowing the City Administrator to sell city-owned personal property of a 2006 Kubota Tractor. BACKGROUND: The Street Department currently has a 2006 Kubota Tractor that is having PTO and transmission issues as well as air conditioner problems. This tractor has had two complete motor rebuilds and the air conditioner has been repaired and is primarily used for mowing. Repairs for this equipment would be $6,000 to repair the transmission and PTO issues. Due to this asset planned to be replaced in the 2024-25 fiscal year, it is proposed to trade this asset into Martin’s Tractor for $9,500. Staff plan to trade this tractor in for a 6-foot skid loader brush cutter for $6,700. Martin Tractor would pay out the difference of $2,800 for the sale of the asset. The Street Department has another tractor mower that can be used for the remaining mowing season. The brush cutter can also be used as a mower. The brush cutter would be used to cut underbrush and help mow right-of-way, the City lake property, and other small areas in town. This will not replace the tractor replacement planned in next year’s Capital Improvement Plan. FINANCIAL CONSIDERATIONS: Net profit of sale is $2,800 ATTACHMENTS: Email quote from Martin Tractor PREPARED BY: ______ DATED: July 24, 2023 Shawna Davis, City Administrator  1.855.732.3843 PRODUCTS > ALL > BRUSH MOWER SUPER DUTY DIRECT DRIVE BRUSH MOWER SUPER DUTY DIRECT DRIVE Sizes 6' Add-on Push Bar Quantity  1 1.855.732.3843 ADD TO INSTANT QUOTE Estimated Lead Time 1 Weeks The heavy-duty Jenkins Iron & Steel Super Duty Mower is a step up from our standard Brush Mower. Utilizing a direct drive motor, as opposed to the standard gearbox, and a 1/4″ free-floating deck, this mower is ready for any challenge, including trees up to 7″ in diameter. With 4 easy-to-replace blades, a 500 lb flywheel for maximum brush clearing and a standard flow rate of 14-25 GPM, you won’t find another mower like this. The deck is constructed of heavy-duty 1/4" steel and is completely free floating. This means the mounting plate moves independently of the mower deck, making cutting on the uneven ground or ditches a breeze. The back of our mower is designed to be rolled across the ground on a heavy-duty 6" roller standard and the front is picked up with the tilt on the skid steer using two 13,000 lb heavy-duty non-weather rated straps, which takes the shock out of your machine and body. This makes our mowers smoother and quieter than our competitors. V slots are cut into the deck to help funnel material into the blades as well as allowing the mower to mow up to a fence post or tree without cutting it off. Mower manifolds are designed to bypass fluid should blades become lodged and the mower comes to an abrupt halt ensuring that you will not damage the mower! This standard flow mower requires 14-25 GPM of flow to run highly effectively! Optional wheels or push bars are available. FEATURES • 1/4″ HD free floating deck • Eaton Char-Lynn motor • 4 easy to replace blades • Wheel kit available • Standard flow rate 14-26 gpm • No gearbox • 500 lb flywheel for maximum brush clearing capability  RESOLUTION NO. 2023-26 A RESOLUTION STATING FACTS AND REASONS FOR THE NECESSITY TO AMEND AND INCREASE CERTAIN COMPONENTS OF THE CITY’S ANNUAL BUDGET FOR THE FISCAL YEAR ENDING MARCH 31, 2023. ________________________________________________________ WHEREAS, Section 67.010 of the Revised Statutes of Missouri requires each political subdivision of the State of Missouri (“State”) to prepare an annual budget and establishes the requirements for that budget; and WHEREAS, the City of Odessa, Missouri (“City”), is a city of the fourth classification created pursuant to Chapter 79, RSMo, and is a political subdivision of the State of Missouri; and WHEREAS, the Board of Aldermen adopted and approved the City’s annual budget for the Fiscal Year Ending March, 31 2023 (“Fiscal Year 2022-23”) by Ordinance No. 3067 in accordance with the requirements of Section 67.010, RSMo; and WHEREAS, Sections 67.030 and 67.040 authorize and provide a procedure for the Board of Aldermen to amend the City’s annual budget to increase expenditures in any fund; and WHEREAS, certain revenues for City’s operations for Fiscal Year 2022-23, have been higher than budgeted; and WHEREAS, certain expenses for City’s operations for Fiscal Year 2022-23, have been higher than budgeted, but do not exceed revenues plus the City’s unencumbered balance brought forward from previous years; and WHEREAS, the Board of Aldermen desires to state the facts and reasons necessitating an amendment to increase certain expenditures in the Fiscal Year 2022-23 annual budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: Section 1. An amendment to the Fiscal Year 2022-23 Annual Budget is necessary for the following facts and reasons: A. With the approval of a 2nd SRO MOU, funded by a grant from Lafayette County Children Services, the costs to roll out a new position were incurred by the Police Department in various line items. The Odessa School District paid the City of Odessa for these expenses resulting in the SRO Income to increase $128,125.92 beyond what was initially budgeted. B. In relation to the City Hall project, costs were incurred by the General Fund to pay for engineering and various needs for the construction of the building. The City of Odessa applied for reimbursement from the lease for expenses during FYE 2023. This income was not budgeted initially and was moved into a General Fund line item called Escrow Reimbursement in the amount of $664,092.13. C. The Odessa Police Department applied and was awarded several grants during the fiscal year in the amount of $39,263.67. This was not initially budgeted for. D. General Fund Professional Services line item was initially budgeted for $10,000. Due to the engineering/architect expenses incurred for the City Hall project this line item was over budget by $150,681.92. The majority of these expenses were reimbursed by the lease installment referenced above in section B. Any project expenses, not yet reimbursed will be in FYE 2024. E. It was initially budgeted to pay for one installment or half of the annual lease payment for the City Hall COP lease. Due to expediting the lease in order to get the lower interest rate a full year of payments was necessary for FYE 2023. This installment will come from General Fund reserves or can be reimbursed by the loan depending on the availability of funds. F. When the 2nd SRO MOU was approved it was decided that the Police Department would backfill the vehicle moved to the SRO position with an additional vehicle purchase in FYE 2023 and would reduce the vehicle budget in FYE 2024 from $80,000 to $40,000. The purchase of this vehicle was not budgeted for in FYE 2023 and will come from reserves. G. In relation to the City Hall project, costs were incurred by the Capital Improvement Fund to pay for general contracting and various needs for the construction of the building. The City of Odessa applied for reimbursement from the lease for expenses during FYE 2023. This income was not budgeted initially and was moved into a Capital Improvement Fund line item called Escrow Reimbursement in the amount of $42,737.07 H. A project account was created within the Capital Improvement fund to house expenses related to the City Hall Project. This line item was not initially budgeted for and incurred expenses in the amount of $200,906.15. A portion of these expenses were reimbursed by the lease installment referenced in section G. Any project expenses not yet reimbursed will be in FYE 2024. Section 2. This Resolution shall take effect immediately upon its execution by the Mayor, or otherwise as provided by law. APPROVED AND PASSED by the Board of Aldermen of the City of Odessa, Missouri, this 24th day of July 2023. (SEAL) Stephen L. Wright, Mayor ATTEST: Karen Findora, City Clerk  BOARD OF ALDERMEN ACTION REPORT ISSUE: Contract approval for engineering services for Mason Street Downtown Sidewalk Infrastructure project. ACTION REQUESTED: Motion/Second to authorize the Mayor to execute a contract with Anderson Engineering for the services outlined in Exhibit A for the Downtown Infrastructure Improvement Project [(Tap No. 9901(443)]. BACKGROUND: Back in January 2021, the Board authorized city staff to apply for Federal Transportation Alternatives Program funds to put towards improvements to the infrastructure in the historic downtown corridor. Later, the City was awarded the funds in an amount of approximately $274,000 for 2nd Street. The City chose to engage with Anderson Engineering, a professional engineering service company listed on the Missouri Department of Transportation’s vetted on-call professional services list. In October 2022, the City was awarded the same dollars for the Mason Street portion of the project for the amount of $499,626. Since the project has experienced slight delays due to setbacks from MoDOT. The City received the official notice of the award in January of 2023 and has then experienced some additional delays due to MoDOT staffing. City staff recommends that the Board of Aldermen approve the contract with Anderson Engineering to allow for the continuity of the project. Anderson Engineering was previously selected to complete the blight study that was completed in 2019, the preliminary engineering and construction cost estimates, the topographical scanned survey as well as the design engineering for 2nd Street. It is currently planned that this project would take place in the Spring of 2024. It is expected that the next steps for Mason Street will be expedited due to the size and similarities it has with the already-engineered 2nd Street. FINANCIAL CONSIDERATIONS: The contract includes a do not exceed for design services of $66,756 and $40,272 for construction inspection services. This will be paid for by the Transportation Sales Tax Fund and is budgeted. ATTACHMENTS: Resolution No. 2023-27 Professional Services Agreement Anderson Engineering PREPARED BY: ______ DATED: July 24, 2023 Shawna Davis, City Administrator  RESOLUTION NO. 2023-24 RESOLUTION OF THE CITY OF ODESSA, MISSOURI, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH ANDERSON ENGINEERING FOR THE SERVICES OUTLINED IN EXHIBIT A FOR THE DOWNTOWN INFRASTRUCTURE IMPROVEMENT PROJECT [TAP NO. 9901(443)]. ________________________________________________________ WHEREAS, during the 2018 Strategic Plan: Onward Odessa, the Board of Aldermen determined that infrastructure improvements to the Historic Downtown District were a priority, and; WHEREAS, the Board of Aldermen declared the downtown infrastructure as blighted by the adoption of Resolution No. 2019-13 in April of 2019, and; WHEREAS, the Board of Aldermen previously engaged with Anderson Engineering for the preliminary engineering, survey services, and the design of 2nd Street, and; WHEREAS, the City of Odessa was previously awarded funds made available by the Federal Highway Administration through its Transportation Alternatives Program for 2nd Street and most recently for Mason Street, and; WHEREAS, utilizing the Missouri Department of Transportation’s on-call engineering list, city staff recommends engaging with Anderson Engineering for professional services outlined in Exhibit A of the attached agreement for the continued continuity of this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: That the Board of Aldermen authorizes the Mayor to execute all documents necessary in accordance with the contractual specifications outlined in the attached contract. APPROVED AND PASSED by the Board of Aldermen of the City of Odessa, Missouri, this 24th day of July 2023. (SEAL) Stephen L. Wright, Mayor ATTEST: Karen Findora, City Clerk SPONSOR: City of Odessa LOCATION: Mason St from 3rd St to 1st St PROJECT: TAP-9901(443) Mason St Downtown District Improvments 3rd St to 1st St THIS CONTRACT is between City of Odessa, Missouri, hereinafter referred to as the "Local Agency", and Anderson Engineering, Inc. 941 W. 141st Terrace, Suite A Kansas City, MO 64145, hereinafter referred to as the "Engineer". INASMUCH as funds have been made available by the Federal Highway Administration through its Transportation Alternatives Program, coordinated through the Missouri Department of Transportation, the Local Agency intends to Replace Sidewalk on Mason St from 3rd St to 1st St and requires professional engineering services. The Engineer will provide the Local Agency with professional services hereinafter detailed for the planning, design and construction inspection of the desired improvements and the Local Agency will pay the Engineer as provided in this contract. It is mutually agreed as follows: ARTICLE I – SCOPE OF SERVICES See Attachment A for the Scope of Services specific to this project. ARTICLE II - DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS: A. DBE Goal: The following DBE goal has been established for this Agreement. The dollar value of services and related equipment, supplies, and materials used in furtherance thereof which is credited toward this goal will be based on the amount actually paid to DBE firms. The goal for the percentage of services to be awarded to DBE firms is 0% of the total Agreement dollar value. B. DBE Participation Obtained by Engineer: The Engineer has obtained DBE participation, and agrees to use DBE firms to complete, 0% of the total services to be performed under this Agreement, by dollar value. The DBE firms which the Engineer shall use, and the type and dollar value of the services each DBE will perform, is as follows: DBE FIRM PERCENTAGE NAME, CONTRACT OF STREET AND TOTAL $ $ AMOUNT SUBCONTRACT COMPLETE TYPE OF VALUE OF TO APPLY DOLLAR VALUE MAILING DBE THE DBE TO TOTAL APPLICABLE TO ADDRESS SERVICE SUBCONTRACT DBE GOAL TOTAL GOAL Fig. 136.4.1 Contract Revised 05/27/2016 1 ARTICLE III-ADDITIONAL SERVICES The Local Agency reserves the right to request additional work, and changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of MoDOT prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE IV - RESPONSIBILITIES OF LOCAL AGENCY The Local Agency will cooperate fully with the Engineer in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the Local Agency; B. provide the Engineer with the Local Agency's requirements for the project; C. make provisions for the Engineer to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Engineer, obtain reviews by MoDOT, and render decisions thereon in a prompt manner so as not to delay the Engineer; E. designate a Local Agency's employee to act as Local Agency's Person in Responsible Charge under this contract, such person shall have authority to transmit instructions, interpret the Local Agency's policies and render decisions with respect to matters covered by this agreement (see EPG 136.3); F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way needed to construct this project. ARTICLE V - PERIOD OF SERVICE The Engineer will commence work within two weeks after receiving notice to proceed from the Local Agency. The general phases of work will be completed in accordance with the following schedule: A. PS&E Approval by MODOT shall be completed on March 31, 2024. B. Construction Phase shall be completed 60 days after construction final completion schedule. The Local Agency will grant time extensions for delays due to unforeseeable causes beyond the control of and without fault or negligence of the Engineer. Requests for extensions of time shall be made in writing by the Engineer, before that phase of work is scheduled to be completed, stating fully the events giving rise to the request and justification for the time extension requested. Fig. 136.4.1 Contract Revised 05/27/2016 2 ARTICLE VI – STANDARDS The Engineer shall be responsible for working with the Local Agency in determining the appropriate design parameters and construction specifications for the project using good engineering judgment based on the specific site conditions, Local Agency needs, and guidance provided in the most current version of EPG 136 LPA Policy. If the project is on the state highway system or is a bridge project, then the latest version of MoDOT’s Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be used (see EPG 136.7). The project plans must also be in compliance with the latest ADA (Americans with Disabilities Act) Regulations. ARTICLE VII - COMPENSATION For services provided under this contract, the Local Agency will compensate the Engineer as follows: A. For design services, including work through the construction contract award stage, the Local Agency will pay the Engineer the actual costs incurred plus a predetermined fixed fee of $ 8,435.99, with a ceiling established for said design services in the amount of $ 66,756.00, which amount shall not be exceeded. B. For construction inspection services, the Local Agency will pay the Engineer the actual costs incurred plus a predetermined fixed fee of $ 4462.57, with a ceiling established for said inspection services in the amount of $ 40,272.00, which amount shall not be exceeded. C. The compensation outlined above has been derived from estimates of cost which are detailed in Attachment B. Any major changes in work, extra work, exceeding of the contract ceiling, or change in the predetermined fixed fee will require a supplement to this contract, as covered in Article III - ADDITIONAL SERVICES. D. Actual costs in Sections A and B above are defined as: 1. Actual payroll salaries paid to employees for time that they are productively engaged in work covered by this contract, plus 2. An amount calculated at 61.5% of actual salaries in Item 1 above for payroll additives, including payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay, plus 3. An amount calculated at 105.8% of actual salaries in Item 1 above for general administrative overhead, based on the Engineer's system for allocating indirect costs in accordance with sound accounting principles and business practice, plus 4. Other costs directly attributable to the project but not included in the above overhead, such as vehicle mileage, meals and lodging, printing, surveying expendables, and computer time, plus Fig. 136.4.1 Contract Revised 05/27/2016 3  5. Project costs incurred by others on a subcontract basis, said costs to be passed through the Engineer on the basis of reasonable and actual cost as invoiced by the subcontractors. E. The rates shown for additives and overhead in Sections VII. D.2 and VII. D.3 above are the established Engineer’s overhead rate accepted at the time of contract execution and shall be utilized throughout the life of this contract for billing purposes. F. The payment of costs under this contract will be limited to costs which are allowable under 23 CFR 172 and 48 CFR 31. G. METHOD OF PAYMENT - Partial payments for work satisfactorily completed will be made to the Engineer upon receipt of itemized invoices by the Local Agency. Invoices will be submitted no more frequently than once every two weeks and must be submitted monthly for invoices greater than $10,000. A pro-rated portion of the fixed fee will be paid with each invoice. Upon receipt of the invoice and progress report, the Local Agency will, as soon as practical, but not later than 45 days from receipt, pay the Engineer for the services rendered, including the proportion of the fixed fee earned as reflected by the estimate of the portion of the services completed as shown by the progress report, less partial payments previously made. A late payment charge of one and one half percent (1.5%) per month shall be assessed for those invoiced amount not paid, through no fault of the Engineer, within 45 days after the Local Agency’s receipt of the Engineer's invoice. The Local Agency will not be liable for the late payment charge on any invoice which requests payment for costs which exceed the proportion of the maximum amount payable earned as reflected by the estimate of the portion of the services completed, as shown by the progress report. The payment, other than the fixed fee, will be subject to final audit of actual expenses during the period of the Agreement. H. PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VIII - COVENANT AGAINST CONTINGENT FEES The Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Engineer, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, 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 Local Agency shall have the right to annul this agreement 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, gift, or contingent fee, plus reasonable attorney's fees. Fig. 136.4.1 Contract Revised 05/27/2016 4 ARTICLE IX - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, except as provided herein, shall be sublet or transferred without the written consent of the Local Agency. The subletting of the work shall in no way relieve the Engineer of his primary responsibility for the quality and performance of the work. It is the intention of the Engineer to engage subcontractors for the purposes of: Sub-Consultant Name Address Services ARTICLE X - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Engineer and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to MoDOT that the design is meeting the intent of the federal aid programs. ARTICLE XI - RETENTION OF RECORDS The Engineer shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by FHWA. Said records shall be made available for inspection by authorized representatives of the Local Agency, MoDOT or the federal government during regular working hours at the Engineer's place of business. ARTICLE XII - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the Local Agency upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the Local Agency upon request. All such information produced under this contract shall be available for use by the Local Agency without restriction or limitation on its use. If the Local Agency incorporates any portion of the work into a project other than that for which it was performed, the Local Agency shall save the Engineer harmless from any claims and liabilities resulting from such use. ARTICLE XIII – SUSPENSION OR TERMINATION OF AGREEMENT A. The Local Agency may, without being in breach hereof, suspend or terminate the Engineer's services under this Agreement, or any part of them, for cause or for the convenience of the Local Agency, upon giving to the Engineer at least fifteen (15) days' prior written notice of the effective date thereof. The Engineer shall not accelerate performance of services during the fifteen (15) day period without the express written request of the Local Agency. B. Should the Agreement be suspended or terminated for the convenience of the Local Agency, the Local Agency will pay to the Engineer its costs as set forth in Attachment B including actual hours expended prior to such suspension or termination and direct costs as defined in this Fig. 136.4.1 Contract Revised 05/27/2016 5  Agreement for services performed by the Engineer, a proportional amount of the fixed fee based upon an estimated percentage of Agreement completion, plus reasonable costs incurred by the Engineer in suspending or terminating the services. The payment will make no other allowances for damages or anticipated fees or profits. In the event of a suspension of the services, the Engineer's compensation and schedule for performance of services hereunder shall be equitably adjusted upon resumption of performance of the services. C. The Engineer shall remain liable to the Local Agency for any claims or damages occasioned by any failure, default, or negligent errors and/or omission in carrying out the provisions of this Agreement during its life, including those giving rise to a termination for non-performance or breach by Engineer. This liability shall survive and shall not be waived, or estopped by final payment under this Agreement. D. The Engineer shall not be liable for any errors or omissions contained in deliverables which are incomplete as a result of a suspension or termination where the Engineer is deprived of the opportunity to complete the Engineer's services. E. Upon the occurrence of any of the following events, the Engineer may suspend performance hereunder by giving the Local Agency 30 days advance written notice and may continue such suspension until the condition is satisfactorily remedied by the Local Agency. In the event the condition is not remedied within 120 days of the Engineer's original notice, the Engineer may terminate this agreement. 1. Receipt of written notice from the Local Agency that funds are no longer available to continue performance. 2. The Local Agency's persistent failure to make payment to the Engineer in a timely manner. 3. Any material contract breach by the Local Agency. ARTICLE XIV - DECISIONS UNDER THIS CONTRACT The Local Agency will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The Local Agency's decision shall be final and conclusive. ARTICLE XV - SUCCESSORS AND ASSIGNS The Local Agency and the Engineer agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XVI - COMPLIANCE WITH LAWS The Engineer shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as Fig. 136.4.1 Contract Revised 05/27/2016 6 amended (42 U.S.C. 2000d, 2000e), as well as with any applicable titles of the Americans with Disabilities Act (42 U.S.C. 12101, et seq.) and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. ARTICLE XVII - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Engineer agrees to save harmless the Local Agency, MoDOT and FHWA from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. ARTICLE XVIII - NONDISCRIMINATION The Engineer, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Engineer will comply with state and federal related to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, 2000e), as well as with any applicable titles of the Americans with Disabilities Act (42 U.S.C. 12101, et seq.). More specifically, the Engineer will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Engineer's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XIX – LOBBY CERTIFICATION CERTIFICATION ON LOBBYING: Since federal funds are being used for this agreement, the Engineer's signature on this agreement constitutes the execution of all certifications on lobbying which are required by 49 C.F.R. Part 20 including Appendix A and B to Part 20. Engineer agrees to abide by all certification or disclosure requirements in 49 C.F.R. Part 20 which are incorporated herein by reference. ARTICLE XX – INSURANCE A. The Engineer shall maintain commercial general liability, automobile liability, and worker’s compensation and employer’s liability insurance in full force and effect to protect the Engineer from claims under Worker’s Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Engineer and its employees, agents, and Subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. B. The Engineer shall also maintain professional liability insurance to protect the Engineer against the negligent acts, errors, or omissions of the Engineer and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Fig. 136.4.1 Contract Revised 05/27/2016 7 C. The Engineer's insurance coverage shall be for not less than the following limits of liability: 1. Commercial General Liability: $500,000 per person up to $3,000,000 per occurrence; 2. Automobile Liability: $500,000 per person up to $3,000,000 per occurrence; 3. Worker's Compensation in accordance with the statutory limits; and Employer’s Liability: $1,000,000; and 4. Professional (“Errors and Omissions”) Liability: $1,000,000, each claim and in the annual aggregate. D. The Engineer shall, upon request at any time, provide the Local Agency with certificates of insurance evidencing the Engineer’s commercial general or professional liability (“Errors and Omissions”) policies and evidencing that they and all other required insurance are in effect as to the services under this Agreement. E. Any insurance policy required as specified in (ARTICLE XX) shall be written by a company which is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XXI - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A – Scope of Service Attachment B - Estimate of Cost Attachment C - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment D - Certification Regarding Debarment, Suspension, and Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions. Attachment E – DBE Contract Provisions Attachment F – Fig. 136.4.15 Conflict of Interest Disclosure Form Fig. 136.4.1 Contract Revised 05/27/2016 8 Executed by the Engineer this 19th day of July, 2023. Executed by the City this day of , 2023. FOR: CITY OF ODESSA, MISSOURI BY: ___________________________________________________ City Administrator ATTEST: __________________________ FOR: ANDERSON ENGINEERING, INC. BY: ___________________________________________________ President ATTEST: __________________________ Project Manager Fig. 136.4.1 Contract Revised 05/27/2016 9  ATTACHMENT A Scope of Services A. DESIGN PHASE - The Engineer will: 1. determine the needs of the Local Agency for the project; 2. conduct topographic, property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations, if needed; 4. conduct hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the Local Agency the best overall general design based on these studies; 5. submit electronic copies of preliminary plans, estimates and studies for review by the Local Agency and Missouri Department of Transportation (MoDOT); 6. prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by Local Agency's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare right-of-way plans, and assist the Local Agency in acquiring the right-of-way deeds and easements needed for the project; 8. ensure compliance with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also insure compliance with the requirements of the Federal Emergency Management Agency (FEMA); 9. ensure compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis. Cost of an archaeological study is not included in this contract. A Supplemental Agreement will be issued if an archaeological study is required; 10. ensure compliance with all regulations in regards to noise abatement and air quality, if necessary; and Fig. 136.4.1 Contract Revised 05/27/2016  11. provide the Local Agency electronic copy of completed plans, specifications and/cost estimates for the purpose of obtaining construction authorization from the Missouri Department of Transportation. 12. arrange for hazardous waste inspection and, if deemed necessary, arrange to have the hazardous waste removed by a qualified disposer on a subcontract basis. Cost of hazardous waste mitigation is not included in this contract. A Supplemental Agreement will be issued if mitigation is required. B. BIDDING PHASE - The Engineer will: 1. upon receipt of construction authorization from MoDOT, make final corrections resulting from reviews by agencies involved, and provide an adequate number of plans, specifications, and bid documents to the Local Agency; 2. provide the Local Agency with a list of qualified area bidders and assist Local Agency in advertising for bids; and 3. assist the Local Agency in evaluating bids and requesting concurrence in award from MoDOT; C. CONSTRUCTION PHASE - The Engineer will serve as the Local Agency's representative for administering the terms of the construction contract between Local Agency and their Contractor. Engineer will endeavor to protect the Local Agency against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Engineer responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perform work in accordance with the contract documents. Engineer's services will include more specifically as follows: 1. assist the Local Agency with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. It is contemplated that survey staking and layout will be accomplished by the contractor's forces. The Engineer will accompany MoDOT and FHWA representatives on visits of the project site as requested; 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; 5. prepare change orders for issuance by the Local Agency as necessary and assure that proper approvals are made prior to work being performed; Fig. 136.4.1 Contract Revised 01/27/2016  6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; 7. inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples. Independent assurance samples and tests will be performed by MoDOT personnel and such sampling and testing is excluded from the work to be performed by the Engineer under this contract; 8. maintain progress diary and other project records, measure and document quantities, and prepare monthly estimates for payments due the Contractor; 9. be present during critical construction operations, including but not limited to the following: a. sidewalk and crosswalk layout; b. excavation and backfilling; c. traffic control layout; d. concrete batching and pouring; e. placement of traffic control devices, including signing and signals g. placement of surfacing materials and pavement marking; 10. participate in final inspection, provide the Local Agency with project documentation (diaries, test results, certifications, etc.), and provide as-built plans for the Local Agency's records. Fig. 136.4.1 Contract Revised 01/27/2016  ATTACHMENT B City of Odessa Anderson Engineering, Inc. Mason St Downtown District Improvments 3rd St to 1st St 941 W. 141st Terrace, Suite A Kansas City, Missouri 64145 Attachment B Estimate of Cost Preliminary Engineering Task Hours Rate Base Cost Topo Survey 16 $ 52.00 $ 832.00 4% Legal Survey 16 $ 52.00 $ 832.00 4% Legal Descriptions 8 $ 55.00 $ 440.00 2% Base Map 16 $ 34.00 $ 544.00 3% Prelim/R-W Plans 100 $ 40.00 $ 4,000.00 19% Permitting 12 $ 53.00 $ 636.00 3% Utility Coord 20 $ 53.00 $ 1,060.00 5% Final Plans 120 $ 39.00 $ 4,680.00 22% Specifications 30 $ 32.00 $ 960.00 5% Estimate 8 $ 32.00 $ 256.00 1% PS&E Submittal 8 $ 53.00 $ 424.00 2% QA/QC 12 $ 68.00 $ 816.00 4% Project Management 40 $ 68.00 $ 2,720.00 13% Clerical 32 $ 25.00 $ 800.00 4% Client Meetings(6) 30 $ 68.00 $ 2,040.00 10% Base Salary Cost for PE = $ 21,040.00 100% 61.5% Payroll OH = $ 12,939.60 105.8% G&A OH = $ 22,260.32 15% Fixed Fee = $ 8,435.99 Total Labor, Overhead and Fixed Fee = $ 64,675.91 Expenses # of trips= 20 miles per trip = 100 Travel 2000 miles @ $0.625 $ 1,250.00 60% Per Diem 4 days @ $ 123 $ 492.00 24% Printing, Phone, Misc Expenses $ 338.09 16% Total Preliminary Engineering = $ 66,756.00 Fig. 136.4.1 Contract Revised 01/27/2016  ATTACHMENT B City of Odessa Anderson Engineering, Inc. Mason St Downtown District Improvments 3rd St to 1st St 941 W. 141st Terrace, Suite A Kansas City, Missouri 64145 Attachment B Estimate of Cost Construction Engineering Task Hours Rate Base Cost Bidding Questions 16 $ 65.00 $ 1,040.00 9% Bid Opening 10 $ 65.00 $ 650.00 6% Bid Concurrence 4 $ 25.00 $ 100.00 1% Engineering 20 $ 65.00 $ 1,300.00 12% Clerical 8 $ 25.00 $ 200.00 2% Construction Observation 245 $ 32.00 $ 7,840.00 70% Base Salary Cost for PE = $ 11,130.00 100% 61.5% Payroll OH = $ 6,844.95 105.8% G&A OH = $ 11,775.54 15% Fixed Fee = $ 4,462.57 Total Labor, Overhead and Fixed Fee = $ 34,213.06 Expenses # of trips= 40 miles per trip = 100 Travel 4000 miles @ $0.625 $ 2,500.00 41% Concrete Cyls 80 cylinders $40.00 $ 3,200.00 53% Phone, Misc expenses $ 358.94 6% Total Construction Engineering = $ 40,272.00 100% Total Project (PE+CE) = $ 107,028.00 Total Project Fixed Fee = $ 12,898.56 Total Project Expenses = $ 4,939.03 Fig. 136.4.1 Contract Revised 01/27/2016  ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS _________________________________________________________________________________ INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transaction" provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the Fig. 136.4.1 Contract Revised 01/27/2016  method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https://www.epls.gov/epls/search.do?page=A&status=current&agency=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Fig. 136.4.1 Contract Revised 01/27/2016  ATTACHMENT D CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION--LOWER TIER COVERED TRANSACTIONS _________________________________________________________________________________ INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List at the Excluded Parties List System. https://www.epls.gov/epls/search.do?page=A&status=current&agency=69#A. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, Fig. 136.4.1 Contract Revised 01/27/2016  debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Fig. 136.4.1 Contract Revised 01/27/2016  ATTACHMENT E DISADVANTAGE BUSINESS ENTERPRISE CONTRACT PROVISIONS _________________________________________________________________________________ 1. Policy: It is the policy of the U.S. Department of Transportation and the Local Agency that businesses owned by socially and economically disadvantaged individuals (DBE's) as defined in 49 C.F.R. Part 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Thus, the requirements of 49 C.F.R. Part 26 and Section 1101(b) of the Transportation Equity Act for the 21st Century (TEA-21) apply to this Agreement. 2. Obligation of the Engineer to DBE's: The Engineer agrees to assure that DBEs have the maximum opportunity to participate in the performance of this Agreement and any subconsultant agreement financed in whole or in part with federal funds. In this regard the Engineer shall take all necessary and reasonable steps to assure that DBEs have the maximum opportunity to compete for and perform services. The Engineer shall not discriminate on the basis of race, color, religion, creed, disability, sex, age, or national origin in the performance of this Agreement or in the award of any subsequent subconsultant agreement. 3. Geographic Area for Solicitation of DBEs: The Engineer shall seek DBEs in the same geographic area in which the solicitation for other subconsultants is made. If the Engineer cannot meet the DBE goal using DBEs from that geographic area, the Engineer shall, as a part of the effort to meet the goal, expand the search to a reasonably wider geographic area. 4. Determination of Participation Toward Meeting the DBE Goal: DBE participation shall be counted toward meeting the goal as follows: A. Once a firm is determined to be a certified DBE, the total dollar value of the subconsultant agreement awarded to that DBE is counted toward the DBE goal set forth above. B. The Engineer may count toward the DBE goal a portion of the total dollar value of a subconsultant agreement with a joint venture eligible under the DBE standards, equal to the percentage of the ownership and control of the DBE partner in the joint venture. C. The Engineer may count toward the DBE goal expenditures to DBEs who perform a commercially useful function in the completion of services required in this Agreement. A DBE is considered to perform a commercially useful function when the DBE is responsible for the execution of a distinct element of the services specified in the Agreement and the carrying out of those responsibilities by actually performing, managing and supervising the services involved and providing the desired product. D. A Engineer may count toward the DBE goal its expenditures to DBE firms consisting of fees or commissions charged for providing a bona fide service, such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for the performance of this Agreement, provided that the fee or commission is determined by MoDOT’s External Civil Rights Division to be reasonable and not excessive as compared with fees customarily allowed for similar services. E. The Engineer is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. 5. Replacement of DBE Subconsultants: The Engineer shall make good faith efforts to replace a DBE Fig. 136.4.1 Contract Revised 01/27/2016 Subconsultant, who is unable to perform satisfactorily, with another DBE Subconsultant. Replacement firms must be approved by MoDOT’s External Civil Rights Division. 6. Verification of DBE Participation: Prior to final payment by the Local Agency, the Engineer shall file a list with the Local Agency showing the DBEs used and the services performed. The list shall show the actual dollar amount paid to each DBE that is applicable to the percentage participation established in this Agreement. Failure on the part of the Engineer to achieve the DBE participation specified in this Agreement may result in sanctions being imposed on the Commission for noncompliance with 49 C.F.R. Part 26 and/or Section 1101(b) of TEA-21. If the total DBE participation is less than the goal amount stated by the MoDOT’s External Civil Rights Division, liquidated damages may be assessed to the Engineer. Therefore, in order to liquidate such damages, the monetary difference between the amount of the DBE goal dollar amount and the amount actually paid to the DBEs for performing a commercially useful function will be deducted from the Engineer's payments as liquidated damages. If this Agreement is awarded with less than the goal amount stated above by MoDOT’s External Civil Rights Division, that lesser amount shall become the goal amount and shall be used to determine liquidated damages. No such deduction will be made when, for reasons beyond the control of the Engineer, the DBE goal amount is not met. 7. Documentation of Good Faith Efforts to Meet the DBE Goal: The Agreement goal is established by MoDOT’s External Civil Rights Division. The Engineer must document the good faith efforts it made to achieve that DBE goal, if the agreed percentage specified is less than the percentage stated. The Good Faith Efforts documentation shall illustrate reasonable efforts to obtain DBE Participation. Good faith efforts to meet this DBE goal amount may include such items as, but are not limited to, the following: A. Attended a meeting scheduled by the Department to inform DBEs of contracting or consulting opportunities. B. Advertised in general circulation trade association and socially and economically disadvantaged business directed media concerning DBE subcontracting opportunities. C. Provided written notices to a reasonable number of specific DBEs that their interest in a subconsultant agreement is solicited in sufficient time to allow the DBEs to participate effectively. D. Followed up on initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested in subconsulting work for this Agreement. E. Selected portions of the services to be performed by DBEs in order to increase the likelihood of meeting the DBE goal (including, where appropriate, breaking down subconsultant agreements into economically feasible units to facilitate DBE participation). F. Provided interested DBEs with adequate information about plans, specifications and requirements of this Agreement. G. Negotiated in good faith with interested DBEs, and not rejecting DBEs as unqualified without sound reasons, based on a thorough investigation of their capabilities. H. Made efforts to assist interested DBEs in obtaining any bonding, lines of credit or insurance required by the Commission or by the Engineer. Fig. 136.4.1 Contract Revised 01/27/2016  I.Made effective use of the services of available disadvantaged business organizations, minority contractors' groups, disadvantaged business assistance offices, and other organizations that provide assistance in the recruitment and placement of DBE firms. 8. Good Faith Efforts to Obtain DBE Participation: If the Engineer's agreed DBE goal amount as specified is less than the established DBE goal given, then the Engineer certifies that good faith efforts were taken by Engineer in an attempt to obtain the level of DBE participation set by MoDOT’s External Civil Rights. Fig. 136.4.1 Contract Revised 01/27/2016  Attachment F – Fig. 136.4.15 Conflict of Interest Disclosure Form for LPA/Consultants Local Federal-aid Transportation Projects Firm Name (Consultant): ANDERSON ENGINEERING, INC. (DBA OWN, INC.) Project Owner (LPA): CITY OF ODESSA Project Name: 2ND STREET - MAIN STREET TO DRYDEN STREET Project Number: TAP-9901(440) As the LPA and/or consultant for the above local federal-aid transportation project, I have: 1. Reviewed the conflict of interest information found in Missouri’s Local Public Agency Manual (EPG 136.4) 2. Reviewed the Conflict of Interest laws, including 23 CFR § 1.33, 49 CFR 18.36. And, to the best of my knowledge, determined that, for myself, any owner, partner or employee, with my firm or any of my sub-consulting firms providing services for this project, including family members and personal interests of the above persons, there are: No real or potential conflicts of interest If no conflicts have been identified, complete and sign this form and submit to LPA Real conflicts of interest or the potential for conflicts of interest If a real or potential conflict has been identified, describe on an attached sheet the nature of the conflict, and provide a detailed description of Consultant’s proposed mitigation measures (if possible). Complete and sign this form and send it, along with all attachments, to the appropriate MoDOT District Representative, along with the executed engineering services contract. LPA - City of Odessa Consultant - Anderson Engineering, Inc. Printed Name: Shawna Davis Printed Name: J. Andrew Eckhart, P.E.__ Signature:_________________________ Signature: _________________________ Date: _________________________ Date: _July 19, 2023_____________ Fig. 136.4.1 Contract Revised 01/27/2016