HomeMy WebLinkAboutRes.2740.02-04-2013BILL NO. 13-23 RESOLUTION NO. 02 9vo
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A GENERAL SERVICES AGREEMENT WITH FGM
ARCHITECTS, INC., FOR A FACILITY ASSESSMENT OF THE
POLICE STATION HEADQUARTERS, 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 FGM Architects, Inc., for a
facility assessment of the Police Station Headquarters located
at 40 South Sprigg Street, in the City of Cape Girardeau,
Missouri. A copy of said Agreement is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS '//VA DAY OF 2013.
H r y E_ ed er, Mayor
ATTEST:
CONTRACT
For
Facility Assessments
CONSULTANT NAME: FGM Architects Inc.
THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City",
and (FGM Architects Inc., 475 Regency Park, Suite 200, O'Fallon, Illinois 62269), hereinafter
referred to as the "Consultant".
INASMUCH as funds have been made available by the City through its Casino Funds, the City
intends to complete the referenced projects and requires professional design services. The
Consultant, upon the City's request through written Task Orders, will provide the City with any and
all professional services hercinafler detailed for the planning, design and/or construction observation
of the desired improvements and the City will pay the Consultant as provided in this contract and
subsequent'fask Orders. It is mutually agreed as follows:
ARTICLE I - SCOPE OF SERVICES
A. PROGRAMMING PHASE — the Consultant will if requested by the City:
1. develop and define the needs for the project based upon the Owner's initial information
and information obtained through the data gathering process such as interviews,
charetles, surveys and operations;
2. review, develop and document detailed requirements for the project, covering items
such as project goals and objectives, design objectives, limitations and criteria; gross
area and space requirements; spatial relationships; needs and options for flexibility or
expansion; identify the need for special equipment and systems; site requirements;
development of the project schedule and budget requirements;
3. space concepts and flow diagrams, functional relationships, access, circulation, and flow
patterns within the building and on the site;
4. review existing conditions, assembling and reviewing information to identify and
document areas for alterations, additions, repairs or demolition;
5. define and develop programmatic and conceptual level documents with the following
information at a minimum:
a. Architectural — preparation of conceptual site and building diagrams for each floor
or level, taking into account ADA design requirements and the building codes
currently adopted by the City, diagrammatic elevations and/or sections,
recommendations of building systems and materials, development of approximate
dimensions, areas and volumes, and review of existing project documentation;
— I — Revised 01-25-13
b. Structural — recommendations regarding structural materials and systems;
c. Mechanical and Electrical — recommendations regarding mechanical, electrical,
plumbing, fire suppression, and fire and security alarm systems and equipment,
develop conceptual solutions for energy sources, conservation and space
requirements;
d. Civil — site analysis including layout of site features consistent with the City's
Development Code and Zoning Code, building position, general topography,
location of walkways, driveways, parking and landscaping, connections for building
utilities such as water, sanitary and storm sewer, gas, electric, and fiber optic;
e. Budget — develop and refine project budget based on concept designs, including
construction estimate, design fees and all other identifiable costs;
f Scheduling/Phasing — develop and refine project schedule
6. provide digital or physical copies of the Programming documents.
B. DESIGN PHASE - The Consultant will if requested by the City:
1. determine the needs of the City 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 City the best overall general design based on
these studies;
5. submit appropriate copies of preliminary plans, estimates and/or studies for review by
the City;
6. prepare detailed wnstruction 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 City's forces;
7. secure adequate property title information, determine right-of-way requirements, prepare
right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary
easements needed for the project;
R. 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
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ensure 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;
10. ensure compliance with all regulations in regards to noise abatement and air quality, if
necessary; and
11. after making final corrections resulting from reviews by agencies involved, provide the
City with the appropriate sets of completed plans, specifications, studies and/or cost
estimates for the purpose of obtaining construction authorization from the City.
C. BIDDING PHASE - The Consultant will if requested by the City:
assist the City in advertising for bids and evaluating bids.
2. Bids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to gross
errors in planquantities or gross misjudgment of costs, the Consultant shall, at the
request of City and for no additional cost, prepare a report for City identifying why all
the bids exceed the estimate. The City has four (4) options if all bids exceed
Consultant's Estimate. The City may: (1) give written approval of an increase in the
Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this
Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all
as necessary to reduce the construction cost. In the case of (4), Consultant, without
additional charge to City, shall consult with City and shall revise and modify the scope,
plans, or specifications as necessary to achieve compliance with the "Consultant's
Estimate".
D. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's
representative for administering the terms of the construction contract between City and their
Contractor. Consultant will endeavor to protect the City against defects and deficiencies in
workmanship and materials in work by the Contractor. However, the furnishing of such
project representation will not make Consultant 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. Consultant's services will include more specifically
as follows if needed:
assist the City with a preconsnuction 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. The Consultant will
accompany City representatives on visits of the project site as requested;
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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 City as necessary and assure that proper
approvals are made prior to work being performed;
6. review wage rales, postings, equal employment opportunity.and other related items
called for in the co6tract documents;
7. inspect materials, review material certifications furnished by Contractor, sample
concrete and other materials as required, and arrange for laboratory testing of samples
by others on a subcontract basis. Independent assurance samples and tests will be
performed by City personnel and such sampling and testing is excluded from the work
to be performed by the Consultant under this contract;
8. maintain progress diary and other project records, measure and document quantities,
and review monthly estimates for payments due the Contractor;
9. be present during critical construction operations, including but not limited to the
following:
a. structure layout;
b. excavation and backf i I I ing;
C. driving of piles;
d. checking of reinforcing steel prior to concrete placement;
e. concrete batching and pouring;
f, placement of girders; and
g. placement of surfacing materials; and
10. participate in final inspection, provide the City with project documentation (diaries,
test results, certifications, etc.), and provide as -built plans for the City's records.
ARTICLE 1I -ADDITIONAL SERVICES
The City reserves the right to request additional work; 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 City 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 Iii - RESPONSIBILITIES OF CITY
The City will cooperate fully with the Consultant 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
City;
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B. provide the Consultant with the City's requirements for the project;
C. make provisions for the Consultant to enter upon property at the project site for the
performance of his duties;
D. examine all studies and layouts developed by the Consultant and render decisions thereon in a
prompt manner so as not to delay the Consultant;
E. designate a City employee to act as City's representative under this contract, such person shall
have authority to transmit instructions, interpret the City's policies and render decisions with
respect to matters covered by this agreement;
F. perform appraisals and appraisal review, negotiate with property owners and otherwise
provide all services in connection with acquiring all right-of-way and easements needed to
construct this project.
ARTICLE IV - PERIOD OF SERVICE
The Consultant will commence work within two weeks after receiving signed Task Order and notice
to proceed from the City. The phases of work shall be completed in accordance with the associated
Task Order.
The times are exclusive of review time by other agencies and exclusive of time needed to acquire
right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the
Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating
fully the reasons for the request.
ARTICLE V - STANDARDS
The Consultant shall be responsible for working with the City in determining the appropriate design
parameters and construction specifications for the project using good Architectural judgment based
on the specific site conditions, City needs, and guidance provided in the most current version of City
of Cape Girardeau Standard Specifications and Drawings, if the project is on MoDOT Right -of -
Way, then the latest version of the Engineering Policy Guide (EPG) and Missouri Standard
Specifications for Highway Construction shall be followed.
ARTICLE VI - COMPENSATION
For services provided under this contract, the City will compensate the Consultant as determined in
the "Task Order based on Consultant's Charge Out Rates as determined below:
1. Charge Out rates shall include all direct payroll, general and administrative overhead,
specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay,
insurance benefits, retirement and incentive pay.
2. additional work incurred by others on a subcontract basis, said costs are to be passed through
the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors,
only if required and approved by the City.
- 5 - Rc,kcd 01-25-13
METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments wilt be
made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the
City.
Invoices will be submitted monthly. Invoices submitted on or before the 20th
day of any month shall become due and payable on the 10th day of the
following month. Invoices for each Task Order shall be submitted separately.
2. City's Right to Withhold Payment. In the event City becomes informed that
any representations of Consultant provided in its monthly billing, are wholly or
partially inaccurate, City may withhold payment of sums then or in the future
otherwise due to Consultant until the inaccuracy and the cause thereof, is
corrected to City's reasonable satisfaction. Consultant shall correct or revise
any errors or deficiencies in its designs, drawings or specifications without
additional compensation when due solely to Consultant's negligent acts, errors,
or omissions.
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 VH - COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that he has not employed or retained any company or person, other than a
bona fide employee working for the Consultant, to solicit or secure this agreement, and that lie 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 City 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.
ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER
No portion of the work covered by this contract, the contract itself, or any Task Order, except as
provided herein, shall be assigned, sublet or transferred without the written consent of the City. The
subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and
performance of the work. The Consultant may engage subcontractors for the purposes of. foundation
borings and tests, abstracts of title, archaeological studies and environmental studies, if required and
approved by the City.
ARTICLE IX - PROFESSIONAL ENDORSEMENT
All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect
the name and seal of the Architect endorsing the work. By signing and sealing the PS&E submittals,
the Architect of Record will be representing to the City that the design is meeting the intent of the
- 6 - Revised 01-25-13
program. Any review or approval by City of any document-, prepared by the Consultant and/or its
consultants including but not limited to the plans and specifications, shall be solely for the purpose of
determining whether such documents are consistent with City's construction program and intent and
shall not be construed as approval of same by City. No review of such documents shall relieve
Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its
work product.
Consultant shall assign only qualified personnel to perform any service concerning the Project. At
the time of execution of the Task Order, the parties will agree on the Project Manager for the Task.
This person shall be the primary contact with the City's Project Manager and shall have authority to
bind Consultant.
ARTICLE X - RETENTION OF RECORDS
The Consultant 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 City. Said
records shall be made available for inspection by authorized representatives of the City during regular
working hours at the Consultant's place of business.
ARTICLE XI - OWNERSHIP OF DOCUMENTS
Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become
the property of the City upon termination or completion of work. Basic survey notes, design
computations and other data prepared under this contract shall be made available to the City upon
request. All such information produced under this contract shall be available for use by the City
without restriction or limitation on its use. If the City incorporates any portion of the work into a
project other than that for which it was performed, the City shall save the Consultant harmless from
any claims and liabilities resulting from such use.
The Architect, however, shall retain the rights to all standard elements contained within plans,
tracings, maps and specifications, including standard details, specifications or other design details
previously generated and authored by the Architect in drawings, specifications, reports or other
instruments of service for its clients.
ARTICLE XII - TERMINATION
The City may terminate the contract at any time by giving written notice. If the contract is terminated
because the project is abandoned or postponed by the City, the Consultant will be paid for actual time
and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee.
If the contract is terminated due to the Consultant's set -vices being unsatisfactory in the judgment of
the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure
completion of the work in such manner as it deems to be in the best interest of the City. A Notice of
Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to
remedy the cause for termination. The Consultant will be responsible for any excess cost in addition
to that provided for in this contract or any damages the City may sustain by reason of the termination
of this contract due to unsatisfactory performances or prosecution. When Consultant services have
— % — Revised 01-25-13
been so terminated, such termination shall not affect any rights or remedies of the City against
Consultant then existing or which may later accrue. Similarly, any retention or payment of monies
due the Consultant shall not release the Consultant from liability.
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 XIV - SUCCESSORS AND ASSIGNS
Subject to the restrictions on assignments in Article VIII above, the City and the Consultant 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 XV - COMPLIANCE WITH LAWS
The Consultant shall comply with all federal, stale, and local laws, ordinances, and regulations
applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination
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 state law
requirements:
Work Authorization Program. if the Contract is for services expected to cost more than $5,000.00,
the Consultant shall comply with Section 285.530 RSMo., pertaining to enrollment and participation
in a federal work authorization program (as defined therein) and shall provide verification through an
affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person
who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work
authorization program and provide documentary proof 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 of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of
application for any contract provided by a local government provide "affirmative proof that the
applicant is a citizen or a permanent resident of the United States or is lawfully present in the United
States." Consultant's affirmative proof must be established through (i) a Missouri driver's license,
(ii) any "documentary evidence recognized by the department of revenue when processing an
application for a driver's license," or (iii) "any document issued by the federal government that
confirms an alien's lawful presence in the United States." §208.009.3
ARTICLE XVI - RESPONSIBILITY FOR 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 City shall be entitled to recover
its actual attorneys' fees from Consultant for the City's enforcement of this Agreement.
- 8 - Revixd 01-25-13
ARTICLE XVII — INSURANCE
The Consultant shall maintain commercial general liability, automobile liability, and worker's
compensation and employer's liability insurance in full force and effect to protect the Consultant
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 Consultant
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.
The Consultant shall also maintain professional liability insurance to protect the Consultant against
the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible,
arising out of the performance of professional services under this Agreement.
Unless another amount is agreed to by the City Engineer based on the circumstances, the Consultant
and his Subconsultants shall procure and maintain during the life of this Agreement insurance of the
types and minimum amounts as follows:
Insurance Tyne
Worker's Compensation:
Comprehensive General Liability:
Comprehensive Automobile Liability:
Employer Liability:
City's Protective Bodily Injury Including Death:
City's Protective Property Damage:
Amount
In full compliance with statutory requirements
of Federal and State of Missouri
$399,000 each person
$2,660,000 each occurrence
$399,000 each person
$2,660,000 each occurrence
$399,000 each person
$2,660,000 each occurrence
$399,000 each person
$2,660,000 each occurrence
$399,000 each person
$2,660,000 each occurrence
The City's Protective policy shall name the City as the Insured. Certificates evidencing such
insurance shall be furnished the City prior to Consultant commencing the work on this project. The
certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City
Engineer reserves the right to adjust the limit coverage requirements proportionately with changes in
the statutory sovereign immunity limits over the life of this contract to reflect any changes in the
limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo.
§537.610.
—9— Revised 01-25-13
The Consultant shall, upon request at any time, provide the City with certificates of insurance
evidencing the Consultant's commercial general or professional liability policies and evidencing that
they and all other required insurance is in effect, as to the services under this Contract.
Any insurance policy required as specified in this Article shall be written by a company that is
incorporated in the United States of America or is based in the United States of America. Each
insurance policy must by issued by a company authorized to issue such insurance in the State of
Missouri.
ARTICLE XVIII —FINDINGS CONFIDENTIAL
To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by
the Consultant under this contract are confidential, and the Consultant agrees they shall not be made
available to any individual or organization without the prior written approval of the City.
ARTICLE XIX - NONDISCRIMINATION
The Consultant, 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 Consultant will comply with Title VI of the Civil Rights Act of
1964, as amended. More specifically, the Consultant will comply with the regulations of the
Department of Transportation relative to nondiscrinimation 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 Consultant for work to be performed under a
subcontract, including procurements of materials or equipment, each potential subcontractor or
supplier shall be notified by the Consultant's obligations under this contract and the regulations
relative to non-discrimination on the ground of color, race or national origin.
ARTICLE XIX — PERIOD OF SERVICE
This contract shall remain in effect for five years.
ARTICLE XX - AI"PACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract
Attachment A — Charge out rates for 2013, 2014, 2015, 2016, 2017, and 2018
Attachment B — Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
Attachment C — Affidavit of Participation in Federal Work Authorization Program
_10- Revised 01-25-13
r
Executed by the Consultant this ��day of ✓���� ,20�.
Executed by the City this�day of , 20�
FOR: CITY OF CAPE EAU
BY:
anager, ott Meye --
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v�
�/ ,. _ �.. �
. ,� �� �
ATTEST: �.�,� '�� ���;
;r �_ r�.
Ci lerk --�/ �_,, ;,�
,�; �
'v,', `\ !��;
FOR: FGM ARCHITECTS INC. ��` '- 1�' "
.� „/
BY• � �'//
Title VICE PRESIDENT ` ~��"
ATTEST: � C-��,
BY: •
J HOA, PRESIDENT
—11— Revised 01-25-13
ATTACHMENT A
Break Out Rates
For Year 2013 - 2018
FGM ARCHITECTS
Billing Rates
Effective November 1, 2012
Rates Effective through
Oct 13
Oct 14
Oct 15
Oct 16
Oct 17
Oct 18
Arch 1
$
85.00
$
88.00
$
92.00
$
97.00
$
101.00
$
105.00
Arch II
$
105.00
$
109.00
$
114.00
$
120.00
$
125.00
$
130.00
Arch III
$
140.00
$
146.00
$
153.00
$
161.D0
$
167.00
$
174.00
Arch IV (Ray Lee)
$
185.00
$
192.00
$
202.00
$
212.00
$
220.00
$
229.00
Construction Admin III
$
140.00
$
146.00
$
153.00
$
161.00
$
167.00
$
174.00
Interior Designer 11
$
105.00
$
109.00
$
114.00
$
120.00
$
125.00
$
130.00
Interior Designer III
$
160.00
$
166.00
$
174.00
$
183.00
$
190.00
$
198.00
Interior Designer IV
$
170.00
$
177.00
$
186.00
$
195.00
$
203.00
$
211.00
Project Administrator II
$
70.00
$
73.00
$
77.00
$
81.00
$
84.00
$
87.00
Project Administrator III
$
105.00
$
109.00
$
114.00
$
120.00
$
125.00
$
130.00
Principal $ 225.00 $ 234.00 $ 246.00 $ 258.00 $ 268.00 $ 279.00
- Iz - Revised 01-25-13
ATTACHMENT B
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
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.
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.
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
—13— Revised 01-25-13
agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
S. 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. epl s. gov/epl s/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 terminale this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary
Covered Transactions
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.
-14- Revised 01-25-13
Company ID Number: 488214
E -VERIFY
CORPORATE COMPANY
If you have any questions, contact E -Verify at
888-464-4218.
INFORMATION REQUIRED
FOR E -VERIFY
Information relating to your Company:
Company Name: FGM Architects
Company Facility Address: 1211 W 22nd St, Ste 705
Oak Brook, 1L 60523
County or Pariah:
Information relating to the Corporate Administrator(s) for your Company on policy questions or operational problems:
. Name:
Catherine Carpenter
Telephone Number.
(618) 624 - 4125 -
E-mail Address:
cathyc@Igmarchitects.com
Name:
Elba Villalobos
Telephone Number:
(630) 574 - 7074
E-mail Address:
elbavov igmarchitects.com
Name:
Kathleen Miles
Telephone Number:
(630) 574 - 7072
E-mail Address:
hatitlecntnefgnmrcititects.com
Fax Number: (618) 624 - 3369
Fax Number: (630) 574 - 9292
Fax Number: (630) 574 - 9292
ATTACHMENT C
AFFIDAVIT OF PARTICIPATION IN
FEDERAL WORK AUTHORIZATION PROGRAM
Comes now Kathleen Miles as Chief Financial Officer first being duly sworn, on my oath,
(name) (office held)
affirm FGM Architects Inc. ("Consultant") is enrolled and will continue to participate in a
(romp.,�y�ame]
federal work authorization program in respect to employees that will work in connection with the
contracted services related to Facility Assessments and any incidental items
(describe project)
associated with this work for the duration of the contract, if awarded, in accordance with Section
285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not
knowingly employ a person who is an unauthorized alien in connection with the contracted services for
the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's
participation in a federal work authorization program.
(ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIAPTES IN FEDERAL WORK
AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE
GENERAL CONDITIONS)
In Affirmation thereof, the facts stated above are true and correct (The undersigned
understands that false statements made in this filing are subject to the penalties provided under
Section 575.040, RSMo).
4/ k4,A
Signature (person with authority)
Chief Financial Officer
Title
State of Illinois
kmi y-ro iyll tLr
Printed Name
X1301"1-5
Date
ss.
County of DuPage )
Subscribed and sworn to before me thisJ?-day of�Gt� 2013.
.,OFFICIAL SEAL"
(,AIR L RE SE
My commission expires: Notary P.1
State of luinois otary Public
My Commission Expires 02!08/16 .- -
- 1 S - Revised 01-25-13