HomeMy WebLinkAboutRes.2879.03-16-2015BILL NO. 15-37
RESOLUTION N0. ; -?
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH LOCHMUELLER GROUP,
FOR THE DOWNTOWN PARKING STUDY, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE 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 an Agreement with Lochmueller Group, for the Downtown
Parking Study Project #TEAP-1501 (007), in the City of Cape
Girardeau. The Agreement shall be in substantially the form
attached hereto as Exhibit A, which document is hereby approved
by the City Council, and incorporated herein by reference, with
such changes therein as shall be approved by the officers of the
City executing the same.
PASSED AND ADOPTED THIS DAY OF 2015.
ATTEST:
Harry E. Rediger, Mayor
&B. 11
Gayle a. Conrad, City Clerk
E UN E
W-
en:
E UN E
SPONSOR- Cj*t-Y of Cap,eGiTat-ileatt
LOCA,"Irff"),N.- 0"Id, Town Cape Commititii", Y -nipr,ovement tvict,, Cape Girardeau,
PR.0,JEC.,'I',,* Downtown Ptarkin,g StudyProject #TIE -AP -1501, (0,07)
7�� (.70NTRACT -is, between City, ofCape Girardeau, Missouri,., hereinafter referred "to as the "Local,
1 P11
ngir
Agen,cy", aj,'idt,ochnimller ("'trotip hereinafter rel�brred to as, the "T"'." , ieer
JAIAS'-HUC7 I as fiA,nds har"ve 'been n1ade available by, tbe'Federal I-Jighway Its
e I M
Ir,affic Engmeer Assistcanc I rogra-m (TEAP), coordinated through the MiSSOUr' Depart- ent of
ran.sportatloli, the I'll ocal Agency in'tends -to, perfor-im, a p,zarking study withm the Lower
Broadwa,0
ap-,
,a
Broa
eyReasOTwt,eoetermce dwcay,
SCIVIC,
I II 'I,"]* M"
on fift"Llre high. occupan.ey scienar'ios and requ,re proll eng" I'lle Engineer
1 s, esstona e e - it 91 eso
w it I N i n 1 1
I pt-ov"de the Local Agency with proffe'ssio, al, sierv'ces, hereinafter detailed fw the study and the
k�
Locall, Ageticy will, pay the Engineer, as provilded,in this contract. I't IS MILtaIly agreed cciiS follows:
ARTICLEISERVICES,
See Atta,chmeiWA for the Scope, of Servi , Ce speciffic to, this p,r(kiect.
ARTIC"I"...'JE 11 - DISADVAN'TAGEID BUSINESS ENTERPRISE,,(DRE) R Ul,RE NTSO
INWRN _ _mm
A
,,I C. m DBE Goal,-. 'The Bollowi.ng DBE goal has, been established fb)th.is Agreement,, The dollar
V
val,-ule of'services za,nd re'ated equipnnent stipplies., and m.,atedals, used 'n furtherancetherelof
whiA''h is cred"ited toward this goa], wtll 'be based, on, flie amount actuallY paid, to DBE fir,1,11s.
11s
The go,al I"or the perel
le'ltage of serviC, C%S, t be aawarded to DBE fit171IS 01, 00% of the total
Agreement dollar value.
ii,eer. -tied DRE,11. pai-0, i
Bm D,"Bf""l',,Patl'lc'],patlo'll, O'bitattled. by Dig"i 71"he EI,ngineer has, obta'l', copation., and
tota serv"ces to be, e formed undej�. th"'
agrees to os,e DBE firni.Sto complete, 0,00% of the I I p r is
I *I
Agreernient,'by dollar valtie., The DBE,firniswnlch the Eng`neer S1 1 Use, atid, the type and
,dollar valuile ofthe se-rvices, each DBE will per.form, is as
Yrs
NAME.,
STREETAND
COMPL." ETE TYPE OF
MIAII.,ING DBE
IRVICE,
ADDRESS, S.F.'"11
N o t fieca.ble
MRINIMMI
PER,(.'1."'IFNTAIGF.
OF
SUBCONe"I"RACF11
[)01, dIdA R VAI JLJJE
-11 f
A0
PPI oWA."B''I'al ....... ..... 1�
TOTAL GOAL
VA"I'Lit' ",a
THE DBE
TO "I"O"',rA L
SUBCONTRA, CT
DBE, G'OAL,
PER,(.'1."'IFNTAIGF.
OF
SUBCONe"I"RACF11
[)01, dIdA R VAI JLJJE
-11 f
A0
PPI oWA."B''I'al ....... ..... 1�
TOTAL GOAL
The Local Agency reserves the right to request additional work, and changed or unforeseen
st* 0
condi ions 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.
M
IN I'M U-01 W
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. Parking Study Results and Recommendations shall be compi
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
00 '0
[he events giving rise to the request and jushiication for the time extension requested.
JA
FAI
sr
•
For services provided under this cointract�', the Local Agency will compensate the Engineer as �followi
A. For parking study services, the Local Agency will pay the Engineer the actual costs incurred
plus a predetermined fixed fee of $1,707.30, with a ceiling established for said design services
in the amount of
$14,9 "7.30, which amount shall not be exceeded.
I A�
B. The compensation outlined above has been derivect trom estimates of cost which are detailed
0 0
in Attachment B. Any major c,hanges in work, extra work, exceeding of the contract ceiling,
a
or change in the predetermined fixed fee will require a supplement to this contract, as covered
0
in Article III - ADDITIONAL SERVICES.
C. Actual costs in Section A above are defined
Actual payroll salaries paid to employees for time that they are productively
engaged in work covered by this contract., plus
2. An amount estimated at 70.76% of actual salaries in Item I above for payroll
9
additives,, including payroll taxes, holiday and vacation pay, sick leave pay,
0
insurance benefits, retirement and incentive pay, plus
3. An amount estimated at 115.04% of actual salaries in Item I 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 abov
0
overhead, such as vehicle mileae, meals and lodging, printing, surveI9rf yin
expendables, and computer time, plus
5. Project costs incurred by others on a subcontract basis, said costs to be passed
1 1
through the Engineer on the basis of reasonable and actual cost as Invoicea Dy
the subcontractors.
The rates shown for additives and overhead in Sections VII. D.2 and VII. D.3 above are
approximate and will be used for interim bining purposes. Fi , nal payment will be based on tht
0
actual rates experienced during the period of performance, as indicated by the Engineer's
1 1
accounting records, and as determined by final audit of the En,gincer'si recorcis t)iy MoD;OT.
E. The payment of costs under this contract will be limited to, costs which are allowable under 23
CFR 172 and 48 CFR 3 1.
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.
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 considerati"on or otherwise recover the full amount of such fee commission, percentage,
brokerage fee, gift, or contingent fee, plus reasonable attorney's fees.
A IN
q M,■ll q
kil F ", 5 , M, � � � � � � 1 9 � 4, A, iE: M SUM
No portion of the wor1c, covered by t�hisi contractexcept as provided hereshall 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: No sub -,consultants
required.
Sub -Consultant Name Address Services
IF
Z
TO 1, """ I TH
"a MAN
11 1 01 US I
All plans, specifications and other documents shall be endorsed by the Enineer and shall refle
gct th*
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
6
intent of the federal aid programs.
The Engineer shall, maintain all records, survey notes, design documents, cost and accounting
records, construction records and other records pertaining to thi's 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.
arw
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' for 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 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, Af4reement during its life, 'including those giving rise to a termination for non -
4 -
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
0
in a, timely manner.
3. Any material contract breach by the Local Agency.
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.
FmA I
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.
The Engineer shall comply with all federal, state, and local laws, ordinances,, and regulations
applicable to the work, including Title VII 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.
The Engineer agrees, to save harmless the Local Agency, MoDOT and FHWA from all claims and
liability due to his neligent acts or the negligent ace
ts of his mployees, age
gnts or subcontractors.
a W -We
Alp
9 W
ARTICLE XIX — LOBiBY CERTIFICATIO 1`1
CERTIFICATION ON LOBBYING. Since federal ftinds are being used for this agreement, the
Engineer's signature on this agreement constitutes the execution of all certin I cations 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 4 9 C.F.R. Pail 20 which are 'incorporated
herein by reference.
-UML
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 Worl,,,er'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 al 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.
C. The Engineer's insurance coverage shall be for not, less than the following limits of liability:
ins,'u.rance At.nount
P L i n Y'requu,"emel"It's of
Worker,"s Con�i, im.slat' In 1, .111, Can(-i"Pha Ce with, staftttor
qederal and, State of Missouri,
Genlet-al and Pomo Bona 'I tab! 111 tY: $409!J23 lead -i, person
VX7,489 elach. OCCL[rrence
Co'111 pre 1,4 e n s 1 v e A t,ftoil-vo b 11, c L i Cib I 1i ty
Emplpyet, Liabilfty:
City's:Prot ective'tidily 11Iy hieft,,ild " in g Death:
Oty's, -)roltect &,ve P70i, per ly Daniage:
t It
$40% 123 eachpe-isot,i,
$2,727,489 eac,hocctn-rence
$409,123 each 11)et,son
$2,7273,489, each, OCCL117.1-C11,Ce'
$ 3 1 11.1c 1, h, pet -so 1' i
4,09, 11 21 e,
$2,727,489 each, locali-retice
$4,09,123 each pers,oll
$2,727,489 each occurrence
Pi n
'd "..oc A
D. n e E ni. sha 11, , u t (1v le the J al ge cy with, Cerfificates, of
gineei, pon request at a,n,) ume,
1 "0
IN O ity ("Erilors and,
Im�trance evidencili,g the Inc er S COMinc,,rctal general aj, professiODal Iii(abil''
Omissions"),plo'llicies and evidenc I n, g t hatthey and a1l otlier requiredi imsurcance are,, in effict, as
to the sei-viiees und,eil- this Agreeti,,i,ent.
E. Any insurance pofic,,y requixed aLs specitfied 'n(ARTICLIE-11,' X. s ], be written by a company
1(- L
based in the Un'ted States of
which is m,corporated in the Unj'ted States of America or is
11
America. Eac1i. insilrance poficy must 'bile issued by, a co -nip -any authofrized to, is&lue s-11c.li
I C t1ce In iffie, Sta,te- of M`
1111SU1,111 'ISSOU I'll
ARTICTE XXI - ATIACHMENTS
The fol,loving, exhlbitis,ectre aittcal ched hereto and are, hereby D lade of thIs contract:
Attachi,n,ent A o
— Scope, Service
11 ''
Attachment B - Est'imate ofCost
Attachment Breakdown of Overtiead-'Rates
Attcac'li,lni,ent D Regarding Debarnient, Suspiension, cand, Oither
:7i,red "I"ransactiolls,
Res onsIbility Matters -1 rli-riar, IF
,P Y Uove
Attachment T -C'ertilfitcatlion Rega-rdIng Debarjlien.t, Suspenslori,, and, Ineligibility and
'V'o,lun'll,at,,-,y,'Exclu,s,,I,on - Lowerl ler Cover d Transac tl,()l,lS,,,,,
Attachni,ent F DB Contract Provisions
Attaclini.c-tlt Cl ® Fllig. 1,36.4.15 Conffict of"" interest DIsclostit-e or.
r •
�
Executed by the Engineer this )� day of .�a-c � , 20�S.
Executed by the City this f�day of ���„� , 20�
FOR: CITY OF C IRARDEAU, MISSOURI
����
4,�'�I����v,��u
BY G4` �� ` ��i
Sc t ey r, City Manager 0 ~�- `��,,
�
.`� �
� � � � � � t�
U � �
ATTEST: �T�t�: vxiox �'
ity Clerk � *
S'E.�L
FOR: LOCHMUELLER GROUP, INC.
BY: I J�1�� ���t�c.� 1'1<itic• �r
Title
ATTEST: � �`✓��
I hereby certify under Section 50.660 RSMo there is either: (1) a balance of funds, otherwise
unencumbered, to the credit of the appropriation to which the obligation contained herein is
chargeable, and a cash balance otherwise unencumbered, in the Treasury, to the credit of the fund
from which payment is to be made, each sufficient to meet the obligation contained herein; or (2)
bonds or taxes have been authorized by vote of the people and there is a sufficient unencumbered
amount of the bonds yet to be sold or of the t�es levied and yet to be collected to meet the obligation
in case there is not a sufficient unencumbered cash balance in the treasury.
� ,�n�, �w�,��is�W
. Jo Richbourg, Di ctor of Finance
Ai,,,rrACHME,I,NT 'A
Scope of Sel-V'Ice"S
Down,,townill at-ki`ng Study
Under this a�greement, Lochmueller Group will prepare a parking study focused! on three,
p 'irn�a nt D'str"d for Downtown Cape Girairdeau:
rr,y areas wIthin the Cornmun'Ity Improverne 1 1, 1
0 Upper Broadway: gelinerally bounded by Bellevue, T'hemis, Hende,rso,n and'Sprigg
0
LowerBroaa�way,,-,,,generallyb,oundedbyB,e'llev- Tfi�m.is, Lorirner and Fre,der"ck
* Riv,erfront DistriCt.- generally boundedby Beflevuel,W1111am, LoOmer and the river
'The prImary purpose of this stUdy 'is to, clocurnent existing on-stre,et and off-street parkin
h*
usage within these areas and project parki'ng neelds if the buildIngs, within thes,fe areas ac iev
hi�gh occupancy ratesi. Based on projected� dem�,ands, recommenidations, W1111 be made regardin,l
a,
improved parkling management and/orthe needfor alcId'Itionalsupply.
ill identify available p,lann" Maes, u I g
,In addiltion, we w ing research that g, rba,in areas in deployn
public, infrastructure assets that� encourage private develiopmehnt and erih,ance the pedestrian
txperience,. Finally, the poternt`ia] reduction 'in congestion iand� traffic loads on Broadway ancl
Main Street that could achIeved with par,king improvements will be assessed.
Mzzi � I'm
q
5., C,alculatei par'Hing d"5e,mand increases that would result within ea,ch study area under a high-
ity a rid
Occup,ancy Duilding scenlario,@ Target occupancy rates would be provided� by the C*
would ref"Iect any significant change in, use (e.,1g,, chanlge from office to residentlial)
ant'IcIpated in the foreseeAle future,.
0,
i., Dlstrl'bute the projecte-d increase in parking demand within the 'three study zones to
establis'll a total hourly partking, demia�Mi unider high occupancy conditions.
7. Based on th4s analysis,'Identify any, ant ' icip,ated defilcienciles in off-street or on -street parking
wit h 1 n, th e stu dy a reha th ro ugh OLIt th e co u rse of a typ 11ca I weekd ay.
8,. Provide relcommendat'ions regardling the need for a,ddIt'lonal parking or imiproved
I P I
managenient of existing paring resou�rces ��to accommodate fo,recastea demands,
9. Identify avala planning research thiat guldes urban areas in deploying pub[tc
W
snfres trucwre assets that encourage, privatedevelopment, and enhance the pedestrian
experience,
10. Assess, the potential reduction in congestion and trafficloads on Broadway andMa'InSerest
that could be achieved with the parking improvements recommended in Task, 8,,.
11. Prepare a leitter ire,t surn�marizing our arialysis, findings and conclusions.
PARKING' STUDY
ATTACHMEN'rl 11 B
ESTIMATE OF COST
"Rate
I.-Jours
(SgJ'Aa 1mm� cost
Senior, Prqject Etignicer
16
$51.56
S824.96
Pn,ijectErneer If
35
$32.81
$1.1148.35
a +
Civil 1'.tigilwernig Specialist
21
$28.12
$590.52
Planner
6, 1
$2.5.00
$1.1525.00
0
Engf,ncerltig Designel.-
6
St,,,,TBTOTAL
139
K266.97
Pqyi -oll Overhead 999 at 70. 76% X SUB.7 OTAL))
$31019-31.
(,Avrhcod (Es -,t IRual 15.04%,X',SI(Jl,�'37"07",AL,))
$41908.72
TO LB R OHH
"I'AL, A 0 . & VER EAD
$121 195 - 1010
,Fixed Fee (14.Percen't 710TALLABOR &
$ 1, 17 0,7-3 0
TOTAI I ABOIIR OVER1,1EAD
l.'40'D IT E
FIX 1
$13 30
IN,2
Other Die" I 01SIS
T'ravel, 5 trip, @ 300 rililes Ix 0.50 ll.'RS Mcite $7501MO
Pel- Dietil, (cannat exceed nl,13 xilliuln, plier dieni rates PerF"edera-] TI-avell
Reguilatlons) $345.00
Computet- "I"'ir'ne
Printing
SLYRTOTAL DIRECT COSTS $ 11 Jo 95 woo
1 4-11.
I I "' 'S T IJ'I)Y'
TOTAll"I'd F01,11, ZPARKING $1.14
ATTACHMENT C
OVERHE1110AD RATE BREA"KDOWN'
FOR YEAR 2043
SEE ATTACIIED, OVr4,RHEA'D,A"U'I')I,T.I,ZE,PORTI
DI
I L'
EC S
LABOR, BIAIIIE
VAYROI jL ADDITIVES
I
(Jist individual ooni�'pouents)
DIRECT'
PL
....... . .....................................................
. . .....................
' r
Tomll Payro.111A (Ithoves $
a
GENERALAND ADMINtsTRATIVE OVERI]EAD
(Jist individual canapohnents)
. . . ..... ......... .. .
. ................. . . --- .......... .. .. %
7'i.,'Val' General Overhead $'
0
"IN OTAL OVER'",'EAD
0
0,
9
I.,less,'Unallowable Item's (111-einize) $
ffAr
SVM
m
"�'Ov el -head ' pile rcefl ta gles should be taken otit, to,2, dectni'al Places
BEI I AI DIN, LOCHMUELLER AND ASSOCIATES, INC.
Statement of Direct Labor, Fringe Benefits, and General Overhead
For the Year Ended December 31, 2013
Description
DIRECT LABOR
5090 Direct - Salaries
5091 Premium Labor
Direct Labor subtotal
FRINGE BENEFITS
6810 Vacation
/6811 Holiday
681 Illness
6820 Employee Benefits
6825 Retirement Plan Contributions
6826 401 k Expense Administrative Foos
6830 FICA Expense
6831 Prig Prepaid Accrual Differential
6832 St, Louis Payroll Expense Tax
6838 Life Insurance
6839 Health Insurance Claims
6840 Health Insurance
6841 Long Terra Disability Insurance
6842 Short Terra Disability & Life Ins rance
6843 Employee Assistance Program
6844 Flexible Spending - Administration Fees
6856 Unemployment Tax - Federal
6851 Unem ployrnent Tax - Indianan
6852 Unemployment Tax - Kentucky
6853 Unemployme t Tax - Illinois
6355 Unemployment Tac - Missouri
6856 Unemployment Tac - Pennsylvania
6866 Insurance-1lorler's Compensation
6890 Other Labor Delated Costs
Fringe Benefits subtotal
Unadjusted Unallowable Allowable
able
Costs Costs Notes Costs
$ 6,686,753
56,374
6.842.127
671,235
409,498
277,388
57,554
446,591
3,208
869,886
92
4,'175
23,052
,656,341
223,630
45,247
6,047
}260
5#214
20,120
27,716
326
13,218
3,198
313
42,453
(44,082) d), ()a (i
(5,307) q)
90,261 (8,459)
43898,963 (57,848)
M
6,686,753
156,374
6.842.127
671,235
/409,498
277, 388
13,472
446,591
3,208
864,579
92
4,175
23,052
1,655,341
223,630
45,247
6}047
3x200
5,214
20? 120
27,716
326
13,213
3,198
313
42,453
81,802
4.841.115
GENERAL OVERHEAD
7090 Indirect Salaries
45050}468
(1434678)
(b), (nn)
3,906,790
7525 Auto Mileage (Compensation)
27,875
27,875
7091 Indirect Salaries - Seminars/Training Seminars/Training
203,047
203,047
8916 Current Year Salary Adjustments
51
1
8966 Indirect Salaries - Business Development
14,491
(14,491)
(M)
0
7095 Bonus - Salaries 1
24,603
247603
8976 Bonus - Salaries 2
832,095
(188,327)
(b)
143,678
8974 Non -allowable Admin Salaries
-,1--14 -I
33,984
(33,984)
nrwrw.w.....
(b)
nrn.n.r.........-,N,4,r11_I.FI..,•I,_1•F. N•N_I+w_wfla�N��w+F+iw��.irw.wrirw�n.w�r.irn.�rnn
0
w.wnswriar....rnr..... .nrnwnriwr. W .1 1,.-•
732 r Dent
rn,rw
1,1245336
(314,652)
(n)
Fn••I,r+.-I.u1,H_-Ii-lanir.��w I..rnsnr...... r n. w. w arv,awn,wawriwrwr.ern.wrnunwwwrw�w�irni�.�w�ta�Nr..w�l+rw-I.n_N+Ir�N•I_N.N•r
Nriyli•.•rl•_waw.w�law+w•+niwrw�.,.n.nrnwnriwrwwwi„iwrwrn,rl,1�.WO
(130,554)
(n
.... .... �.��wuwu..�iw.wu.�w�w.wrivwrinrwrw�nr.iwrrn�rn.nrifn,wwn�rn�rnn,rn�.
679,130
wi •ir n n, w ri,.,ern �n,n„i wrFwrn
,.7530 Auto -Lease *Payment
160,078
(82,424)
(
771664
7531 Auto - Gas
182,239
(93,835)
(
881404
7532 Auto - Maintenance
85,667
(445105)
()
41,552
7533 Auto 7 Insurance
39,267
(20,219)
(
19,048
7634 Auto - License & Registration
11,058
(5,694)
(o)
5,304
7535 Auto - Depreciation
71,070
(36,594)
(o)
34,476
i_I.-I+_I I r u l F I-H,III,4-14-1',.--I,r„`1r1Tt N--Ni-IIwi Win Lwiwi.w��uwir.��nr.»w.i�,iw,rv,wrnrni�rnm�riwnrrn�.nrnan��nri�rnnrrnrnine�n�rnn,in-n,n�i„iwri„n,rnrn,nrn„i�rn�.nwnnwrnnwn,in,nrnirnrn,wr•�ri�.nirnni�wwrnrvwnirn�nrn........I•_Nnr.nn.w,...i»wnnr..w,n.,nr..riawnwwwrw-nN--h-N.1_N.i_1...
7539 Auto .. Unit Price I ecovery
(209,295)
209,298
(o)
11,175
....,__....w...,.....,....wr..r,.µ,.�.,.,,
(o)
n Mr, nr, � ,...._..,�...�,_...._...........,3,765
11,175 .�„
u bcontract l r� d r root�,
......,..�..,..w.,..w.,H.w....nµ,r�,n,
M „
13, 765
Soo accompanying notes.
3
% Direct
Labor
Description
EBNA DI , LOCHMUL,LER AND ASSOCIATES, INC.
Statement f Direct Labor, Fringe Benefits, and General Overhead
For the Year Ended December 31, 201
Unadjusted Unallowable Allowable % Direct
Casts Costs motes Costs Labor
GENERAL OVERHEAD_( TINUEDI
7120
Professional - Services
374,946
(216,504)
(Q2 (1)3 (inn), (r)
158,361
36000
Project - Legal Costs
40}934
(40,934)
{
0
7121
Software Support
385,149
385,149
7235
Computer Services
814625
81,625
7410
Computer Supplies
28,338
231338
7440
Office Supplies
88,117
85,117
7230
Dues & Subscriptions
4,548
4,548
7240
Filing Fees
3,036
3,036
7242
Insurance - Professional Liability
94,022
94,022
7243
Insurance - General
50,177
60,177
7244
Bonding
160
160
7250
Professional Licenses & Permits
25,874
25,874
7260
Pcstage1UP IFr lght
18,254
18,254
7270
Publications & Maps
87402
8,402
7290
Professional Dues & Registration
54,892
(1;909)
(k)
52,988
7300
Reproduction Costs
17148
1, 48
7310
Printing
14,41714,417
7325
Equipment Rental
159,799
159,799
7330
Equipment Repairs & Maintenance nce
122,100
122,100
7335
CADDIGPS Recovery
(64,712)
(64,712)
7390
Other Costs
11,347
1 1 , 347
7420
Drafting Supplies
7,964
7,964
7430
Field Supplies
20,431
20,431
7450
Printing Supplies
1 1, 912
11,912
7460
Proposal Supplies & Costs
11,324
11,324
7511
Meals Indirect
60,137
(14,993)
(d)� (t)# (o)
4 TI44
7515
Training & Education - Fees
106,340
106,340
7616
Training & Education - Travel
49,411
(8,243)
(f, {0)
41,168
7517
Training & Education - Meals
10,892
(3,378)
(d)f e), f
7,514
7510
Travel Expenses
51,212
14,688)
MI ( 9 (
36,524
7520
Mileage Reimbursement ent
(39,050)
(39,050)
7521
Indirect/Proposal Mileage Reimbursement
19,847
(10? 219)
(o)
9,628
7730
Tolls/Parking
24,298
24,298
7710
Utilities
77,427
77,427
7716
Budding Maintenance
144,754
(11,825)
f}, (n)
132,929
7720
Telephone
148,171
(2,446)
M
145,725
7220
Depreciation
651,915
5,602
)
657,517
7610
Sales & Use Takes
2,436
21436
7650
Property Takes
49,895
49,895
7690
Other Takes
4,190
4,190
8915
Friar Period State Income Tax
160
160
9981
Lass (Gain) on Disposal of Asset
(8,824)
(8,824)
3920
Contributions - Political
22,635
(22,635)
0
8925
Contributions - fon-Political
23,827
(23,827)
c
0
8931
Advertising - Other
9,525
(9,525)
0
8948
Interest '
34,903
(84,903)
)
0
See accompanying notes.
BERNARDIN, LOCHMUELLER AND ASSOCIATES, INC.
Statement of Direct Labor, Fringe Benefits, and General Overhead
For the Year Ended December 31, 2013
Description
GENERAL OVERHEAD (CONTINUEDI
8980 Selling & Promotional - Special Advertising
8951 Selling & Promotional - Other
8983 Selling & Promotional - Travel
8988 Selling & Promotional -11,I1eals
8988 Bulk 11 ail/UP /Mail
8970 Lobbying Expenses
8980 Bad DebYA/R Write Offs
General Overhead Subtotal
Fringe Benefits & General Overhead Total
Unadjusted
Unallowable
Allowable % Direct
Dosis
Costs
Notes
Costs Labor
}902
(8,902)
(rte)
0
76,585
(78,805)
(rte)
0
8,421
(8,421)
{rte)
0
33,774
(33,774)
h)a
0
1,923
(1,923)
(M)
0
2,853
(2,883)
(k)
0
98,350
(98,859)
(a)
0
9,4505898
(1,579,370)
7,871,328
$ 14,349,801 13637,218
FAR OVERHEAD DATE
FACILITIES CAPITAL COST OF MONEY RATE (refer to Note F)
712443 185.80%
Footnotes
() Unallowable bad debts per FAIL 31 205-3.
b) Unallowable compensation for personal services per FAR 31.208-8.
(c) Unallowable contributions or donations per FAR 31.205-8,
(d) Unallowable costs of alcoholic beverages per FAR 31,205-51,
(e) Unallowable direct costs per FAIL 31.202.
(f) Unallowable due to insufficient documentation per FAIL 31.201-2(d.
( Unallowable employee morale, health, welfare, food service, and dormitory costs, and credits per FAH 31.205-13.
{h) Unallowable entertainment costs per FAH 31.205-14.
I) Unallowable costs due to reasonableness per FAR 31.201-3,
(j) Unallowable interest and other financial costs per FAQ: 31.205-0.
) Unallowable lobbying and political activity costs per FAIL 31.205-22.
(1) Unallowable organization casts per FAIL 31.205-27.
{ Unallowable public relations and advertising costs per FAR 31.205-1.
(n) Unallowable rental costs per FAR 31.205-36,
Unallowable travel costs per FAR 31.205-46.
Adjustment for inclusion of depreciation expense related to property, plant, and equipment.
q) Unallowable employer payroll taxes related to unallowable compensation footnoted at b) and m).
(r) Unallowable personal expenses of owners, officers, and employees.
Sae accompanying notes.
5
185.80%
0.38%
M, I
ATTACH, ..'ENT -D
.............
�IIS1110111"
By sig""i, I I Its Piloll 'l.g t1fit
1. ling and, sublnitfitg t -I )osal, the pros ect" Kirticipant i I
p ivep't,in'lary 1,-a provi J
A
certificati I on, set, out below.
a,
e Inability of"z''I persoli tio, provide the ceilificati,oll requit-ed below will not necessarily reSIIJI in
I I n.,
SIiill suI)n t a
d le j i, ka I of pat,fic i pat 1011, in this covered tralisaet,1011i. Tfie PI, Svictive parficipan't, s
expjanati'(�)n of Wh"Y it efilliflot Provide thecertj-fica-tI(,,),n set out below, The certificatiloll 0,11
exp1ai'm-tion will be, consiM dered in, C.011,111ection, w"th the department or agency's d etervM iii ill at I'l 011,
i I ive pirtin,al, Part icipailt to
Whettler to enter, Illito flu stra,11saiction. I-iowever, fFaHt'ire oft! LA prospect' Y
ffirnish a lee ttt fijc,(r� P W t u1, i's
,ttk.)n tilt, an exp ai'liat"on I. d"sq,tialify sLIC11 Piel"S011 loin articipation ill
ti'matislachot'i".
3. Tile cei-tifitcation in, this clatise is a nn,,ateria'I rep,i,,eslen..t,(r,i,t.,i..oti of fact upoll Which relitancewi,,is placed
I 1 1, Ill- tr(al-Isact Joill. If it Is I, C -ni
w1len, 11le depatIn-will or agency, det(,.,-rmvned to ei tex"`nto th's (It 1, ld,eten,� I" ]tied
,
that t'lle p rosipect Ive PJAFInia"ry plartil cipant kill,Owai,'gl,ie(t-ed all, erillotills cei-fifica,bion W in add-jitioii
,".ty teruihl ate
her re li d'iesavailable to the Fed,eral Governuirwlit thle departme:iit or la,genc-y 111Cl
to Ot I C
W
this transaction fbr cause of defatilt.,
a
rectivM i
W M.
4'11-ile pospe pr'mary particJj,)an,t shll i
wi-tten i
,
11110tce to t,'Ilee p�.-tl-tljrnent olI
agellicy, to, Whom this Proposal is sub.nu,tted if mly tillne the proSpectiVe P111.11"ni ary Participant
Iln I - has,becoinit erroneous 'b reaso.1"I of earns that its, ceillfication was, erroneous when s6b, "'tte,d oY
c1lan i a
,ge,d,Ci'lqCLIM,,St IICCS.
5. The terms "covered transact"on, "clebarIT(i ll; U lower t t ered
1 pended," ieligiI)Ie,,' J e , cov
111)111 11 11
briansaetion, Partic,11,I),ant," "'peill-sol"I".1,11 "prtr
iniary, covered allslllctioll�l ncI' P aI5 propos,al and
trily excluded," "Prop,osa]" and ",voltjtilatJly OXCIUded," as used, in tliis clause, have fle
vollunt2l
the tIg 'eCti
nieanii,gs, setolut in tDiefirittiloins a,tld Cbverage selict,ions of thC 1,1111eS` I I'll P lIEXt,ive
Orl* 1.2549. YOU, ala y colano- the depax'(11.1,eilt OT, a,gellil to W111''ICII t1fis proposal Is being
W
in, obtaini[ig a,, copy of egUlat"1011S.
6. The prospective mnary particip,zlint aggrees by StIbMifting tIllts Proposal that, sh.oulld the prolposed
PI 1,
ki,w,wulg,!
covered tr�,)Jvs,,Caction 'be entered into, it shall not Y'ly entei+ Into -atiy lower ti" er covetllled
Ifth, a person whio is (I I cNarred, stis, ie'tided, ecIared ",nel"g ble, or vo
trasact oil wl P , (I I [if I Ituntarily, eXrCILided
1041 tinless authorized by the departil'ien't oi- agency
froln, pat-ticipation in, this Covered transact"
enterin, 1 h I 1 11, 1011'.
itothis tratisact"
d,
7. "I'lie prospective p,tii, lary ft"'e'pa iffurther agreesby submittiti,g thts proposal tha
I pa i, J t A it will, includ,e
I i Ineligibitit and Voluntary
tl'ie elat'ise titled "Ce�t:ltificatlon Reg�� Ming D`ebarnient, SU-spensionY
4M I
Exektsion-Lower I ler Cov,ered "Iransact,1011" PI"Ovided 'by the departi-ilen't or agelicy ent-'eting into
N
'1 1,th
ilowe-, tiel". Cov III i on, s a tl d i n i,s covei-ed tv,nisadion wittit'nit niodtkaflon, I'll all ered fi-111111 Sact, all
so] ie ittatiotis 11)1. lowle, 1, tief,covel',red tran sactioll's.
ive, arti atit irt
8. A in a,, covered, transactioll 11.11ay rely upon a certification, of'a ptospect' C Ip
p
a, lower; tier covered tratisaction th,at it is n(:)t debal-red, suspended, Inefigiblle,, or volu'l.-Itarily
eXCI'L[ded- I`r'oni the covered tratisa,choll, 1111less, ""it, knows ffiat the cei-tificalio1i is erroneotis. A
f
hic it deter,ii,'n,,es the el I I I I
pCartici.pl'tn't, ri'my decIde tile tiletl,,lod and fireqtieticy by NY]
I a a
principals. E,Cicli, pal-ficipant rilay, but is, not required to check the NOIIPI'OCLII'e iien,'t LA's, - t ttle
Excluded P(mlieS List System.
9. Not,11mg cotitained "ill tile, fiolVIVIng shall be constlItted to require est"Ca blislAIllent of a systein, of
rec(,,)rds "in order to reti.der til, good ffiifli flie ceil"I't,,"icatioll, rCqLl,IrCd, 'by, t1iis, clatise., The knowledge
and. of a, participan't is riot reciti,ired to exceed that wOuell, I'S1.10,11,11a.11y possessed by'a
pl-tidenl person In the ordifiary courlse of I business cleallir 19S.
10ii s, i I pa J ipant iti, a
x tot"ms, alUt I p I
cept f6r transmet" hor zed, under paragra, 11 6 of'flnesze 'nstruct' a rt' 6
4 - covet -ed t -a, ii sact" on w *t1i a person, who iwx s
covered tra,tisactloii knoWingly eliters I'lito a lower tuet 1 1, '1
suspeildled debarred, Iliefigibleoj7 voluntarily excluded fi-om pat-ticipation ui this
d Goveriliulen't th,e depmAtmetit or agency n-tay
addition 'to other l-ertwdles available to, the F'C(lerd:
mise ot' defaIlIt.
ternu.nat,effilis tra.nSactiutl, for Ca
t "* I rttl attel-S, - -Y
Cet"tificatiou Regai-d*ng Debai-tuletilt stisperisl (I Otber Rospoii,sibility M' Rrilnm
I
Covet -ed Tran.sactions
f i I - mt -it and mts
1. TITe prospeetive ru-nary partleiplant certifies to the best o' �t's ktimledge atid belief 11 1,
p
I* I
j.) r mc , j
ao' osed, for plc line declared g,"(m
,. Ate rio-e
t pilsentIe
lY dbarred, suspended pt - P 1 hiel. ble 11 11 5 M
41
voluntarily excluded firwii covered, transaction,s Iby an,y Federal, departillent or age:ticy-
14ave i.-Iot j i i this proposal, been convicted of or Iiad ,a
R w t1liti -.i tl-iree-ye�ar period, I'Veced'"ng,
,W A
civ.14 jn.ietit ud-g11cridered against t1ielli ,f6ir ora, of Fr ata' ora, erminial offense in
in or p ing a State or
co'll,tiection with obtaitung, al ellipt"Ing to obta" el"16riA public (Fedet-, 1,,
Iocal) tratisactioll 01(.;,ot1tr,!,
act (Inder a,, PLIMIC ti'alls,cwtion,-, viol.atloti, of Federal or Sfiatle
A
0,
atitilrust stattites or cotntyussl,oll of embezzlem&nt, t1left, f rgery, bribery, fiats fivittoti. or
r receivilig stolen propertyp
destrt-iction of records, nutkitig false statements, o
I w -n, w i o eiv� 0', Ily charged by a,
e., Are not 'pmse.ntly indlicted ft)r ori (..Allerwise ctn' ma. My r I
ent'Ity, (11ertc1.l State or local) wit1l, cot"11111ission of anof fl,e of ,,ises
perr agit-kipl:i, (1)(b), of this certification; and,
d. Have iiot within,ca, (bree-yea r pieri,,od lir, -,eced"tilg,"'tL],-,i.i.s ap, 'p 11 ication/pt-opo sal 1i 1" o.n,,e or ail or
public transactioii,,c,; (Federa 1, State or loca]), tel-ni illf"It ed for cause or, de-fii uIt.
4 W
2. Wicre the prospective pritrialoy piarticlapant Is tuiffilbIe 'to, certify to, miy of flie state n�i ellts in t1lis
ton 'IS, pt"Op'(SC
fficat' 1 � st'le, I i i ip )s'.1
certi 101, h p -ospecflve pad'e' atit. s,' flattach, a'l expIanat' to th
I I "YAND
CERTIFICATION REGARDING' D ERARMENT, SI)SPENSION, INEI JGJBI'1111.411111.,
"Ll"USION—LOWER TIER, COVEREI)TRANSACTIONS
'VOI jUNTARY EXC I
INSTRUCTIONS FOR (".ERTIFICATION
By signing atid SU,b,tlii't,tg this pr(,)p11o.sa1,, the prospective lowei- t 'I W el* Pat4tpatit is providinig the
eerfificatiot'i set, out helow.
2. Tlie cettificafiot[ti this elaltse is a material re'Prese' titit io,ii offid Llp,Ofl. Wilich relip1rincle WEIS l)lfaeed
wheti this traiiisaction wase'titered int'o. Ifit, is later let et'll"llhie(I th,zit flite prospective lower tier
pat-tidpal,"it ktlowti�i,gly reii.dereid an errotleous cet-tific�crlti,011, 111 add,�Itloii to other 171emledies ava.11 I abl
11 m M
overilln leito - agency wi,ttiwhieh Ill's transact", -Ig1
to the Federal ("j" ien,( the depailti 1 1 1 lon 01, tiatedtnay
PLU'SUe, avallable t-eniedles, inClUdI119 S,Uspensioiri and/or, debariment,
4 &
I T"he pros"pective 10'Wel,''fle"I'tishde all", Pi-ovi1*111111ete writteii nofice to, thepers,oli'to
W11:1011, thts, 1,-moposa] i's subalit-ted if atanytime the prospect'I've lowel" fter pal-ticipant learnS t[tat, its,
certlit"ication was erroneousl, when subin',itted or has become ei-rotleotis 'by reasoli ofebanged,
C il'C'11111.'Stances.
4. 'rtw tenni s ,covered transactionOldebar,f,eld "stispended," "Ine.1,10ble "lower tter covered
T11 IT 11 -it-nary covered traunsactl 10 Hipr,rtwipal," "propo,sf,,111. Tf a nd
transaction 1111parrici,, at'it pells,on pi .1 1011
P,
VOIL111tai-ily, excluded," as 'used in this claUse, have tlire imatungs, set olUt In th.0 Definitians cand
Covet-age see tions, ofrtrIleS Executive Oi-der 1.2549. You inay canfact flue person to
'WhIlch this proposal is submittedAbim assi , statice in obtaunij'ig a copy of those regtdati "tions.
5N The Pros pecti've lower tier pat"tic.ipant agrees, by, sub.mi lting this proposal that, should, the
proposed covered transaction. with ,a peison, who 'is debart-ed, suspended, declared, mell.gl'ble, or
roni pa i 1 11,01,11 UnIeSS 'ItIthot`.zed by the
volui,itarily excluded, I' t-fle"pation in this cove,ed triansact"
departliwtit or aV,,Y, tic,
Y
I
1 1119 Ul S ro 0 1
t ter pat- 1 1, ffirthei", agyrices by subm'u,,- Seal that it Will
6. e prospectiVe ]owe - fi flOpant p p
incki,de this, cla-use talled "Cet"fificatlion Regarding Debarment, kSu,,s.,pej1sn3 Inell,gibifily, and
VOIL1,11tary Exc,it,isi'o...ier Covered T
"wtio"I'llWittlotit "tilod"Ification, 'I'Ai all lower tet"
Co
I'ansact' vered tra''nsaetion is, aid in all solicitalloils lower for lotiet, Co"MILM, tr
I if, IMIS,
17 A pm-dicipailt in a, Covered tt-tansactionMalypn fiyUoat"oilof a prospective pa"t"ficipatit, in
i
a1iot ered11 1 -
Ig1V1e7 ar, Volluntatily
suspemled i1nel" lower ti,el* covered, transiaeon t
fll,,,t I
i,,a't, "s dbar,
tI 'fition, jis eJ'TO11eOUS. A,
excluded, fi-oni he coveiti
-ed -ansact,1011It
, tLness ikl-iowt
s hat the cert.ifiec
parti C ay decide th.e method and fteqtieticy by, wIllich it deteraunes, the eligibility of''Its
ipant 'in,
P11, I t 'n List, at the
111cipals, Eacti participatft nlay. bul "s lot ed, to,, check the Nonpmcuren ent IIL
Ex�cfudied es I.Asit SYS'llelil.
http,s:,//www.e, Is.g( v,/epl,s/searcl,��i.�do?pa,gle=A.&s,,t",a"tt,li,s:�;�:ctj.i�i,,`ei,it&ageticy=69#,A,�.
p IN
8. Nothing coll'tained ln the f6re1111,19 sliall be cio%nsfi,�ued to [Vquire establisJunnent o 'a system, of
'90 f
records in order, to iret- in good ffil'th -the,,, certific
catio.n. rCqL11jvd'by thiLs elfauSe. Thee knowledge
and, 'unf6rtliatfoti of" (a P,artleipant is not reqUITed t,(,) exceed that, wh,Ich umrnmlly possessed 'by a
prtident persoti,,in the ordi,nary cauirse of busuiess deal iii�,gs.
9. E-oxcept R,)r tt-tcil 'n sac tio ns aulliorized il-rider pa.114agraph 5 of these 1''nstructlons, ifa participant i ui a
olovei-ed tratisact'llon knowingly entelis HAW a kmet. tlieir covelred ftansacticn) With a person who, is
ij
Slis, el,xialt debarred, i'neligible, 017 VOILIntat"Hy exel't'ided fton parflcpadon 'ti, tl,"lJs ti-ansactiol
in
p
a, d't"on to oth,Cl 7e I 1 1. et- r tiied'es ava-i able to the Fedlerictl Govemille"Jil.
the 1, r , n ent, or agerwy with,
whilchthitt
s masa
nl,Cti.oll arillgillcaltled MAY PLIl-Sue avallable I-emed.ile's, InClUdifig sttspeinsion and/or,
debart nent.
Cel,tl* file a, t'i on 'Rega, rd j* u, g Debwrin en, ti, Suspen's,10 I'll, Inell1gl"bl"114yamd, Voluittary Exclus,ioiii--,Lowe'l-T"I"et',
Co,vej,-ed 11*811sact-liolls
I'll 4 C . , it, j, or
� '. a I ,, , t, c Fj e -)y s ubniiss, to n o mat ne'dier'
'I"'Ille pros'pectwe lo-weritier p ftkip in , '' L,
sl I f t1il's, proposal,,fl 1 1, '1
It's, pill, I 11111c] -pals is presently debarred, sus'pendled, pmplosed tordebarnietrtt, (leclared inellgItAe,, or,
0',
voltintarily,excluded ftatil patliel"patloti I'll this transa-et'llon by any Fcderal departmellt '011* a,g,clley.
2. Where th-e prospe et, lve lower ti"ei, participant is unable "to Cellify to ailly ofthe staletilents lin. t1lis
certi-fwatlon,, S-11,C]"l, pros ect,
p ive participlant, sluill attilch ztn ex,plariation, tothis, ro
.p 1 osal.
Attach,nreef F
a 0
Di'sa4vantage Busitiiess Eulet-Pd , Se Conti'l PI"OVIS1,011S
P It- 1:t "is the pollicyl of the US. Departmej t of TranspoillatIon, (at,ulthe
L
f C ocal Agenc), that bulsi, esses owned' by S'lociii'lly C`1111 ical ly d,1sadva,n1--aged ind" lid U11,1 (DRES.), as
'11el-ft),rillance of'conti-acts
niaxitnuit-n opplo I 1613a"te in theli I
defintid'Un, 49 C.F.R.Paft 26 have the I, 11'"tt"11''ity to plal t" I
Fui hole
I p w"th fWeral I'Lind.s. Th L! S, th lie req Ll I i,e inelits of 49 01''R Part 26 and, Slection,
ailced n wor i I 'i I I I
I 1.0111(b) ofthe "I�'11'all,,s,[,,),ortatl,()n,"ir�-',quit.y Act, l`br the 21st Cetitut-y ("FEA-2 1) appl,y to this Ykgreefiien.t.
,4 '01,11 J1
2. bi I S11 le nigulleer ag�t,eesto asSLHV, that
of t1le Ni,,gineerto DBE"-. F
A
in the perl"61-tii,ancle I this greement llarty,
DBEs 1 -Ill tile maxitnuiu opportunity to parthicipcate, , � , u —
st,'iblelonsultant agreei-nent fina.filced in whole Ilor in part wilth fed,eralhlids. 1n th is regard flie El"'I"lligineer shal I
take all, necessal-y rectson,able steps toassilre that D"BEs, Jica.ve the IMIX111IL1111 OPP101111111ty to Colylpett
1, C0,101t -el" treecl
for art,d Pler,fi)rlil set -vices. The Eilgineei" shall riot, dISCIA111114i,ate on'thebas"s ofrace, �.i 1910111�1 C
d"I'sability, sex, agie, oi,,- nation.al origin, I'll t1le pei-format, a
l ol�A,1-11-,S Agreetiwnit or I'll the ward of m
subsequieuit subcol.isultan't agreernent
3. G I*c la fibr Solicitat o o,f'DBEs:; !",he E sliall seek
Ilphi
s D
-o
ogrt-� othej* subcol'isultant's "I's iiialde. If the, (1 iri. the scime geelc area in whi,611 the soficitation f
I .l gineel- canD a, 1119 ineer sha,11, as, a pait
J I ,of tile DBE goM ii,s' DBE.sfi,olu, that geogi-aptue flie 'Eng'
o
Her geographic area,. f the eft"c-)rt to meet t"he goal, expaand the slea-rch, to a, reasonably wt
4, Detertn''inlCatiol"I Of Pqtlicipatioi,i "Foward Me��t B 1 F
jhie D E Gpal,, DBE
pa
bows,-
rti,cipait-ion shall be ,Mile 1. toward" 111eet-i'lig, the goal'as f ll
A, Onice a firin is detei'Mu"i"Ie d t Icert"Ified DBE, the total dollar
value of the sub"Collstilt'a tit 4a,greenient awal-Cied, to that DBE is, Coul"Ited toward, the DBE goal set fbIll
above.
B. l".. i 'Port",
I,gitieet nI,lay (,,%ou,i,1t towal7d th,e 11)"13"E. 90al a on, ol,f (11e
4 "ble Ullde' the DBE stlIndatIlds,
'total dollar, vahlie ofa subco. insu1tali-t agivement with ajoint vej,,,it,LIje eligi. I
equ,al to, the pereenten
ge ofthe (l)-wilcil,sIlip and clontrol, of the DB,E pallnet- in theJoin" 've ItUre',.,
Thoal expenduttu're"S to
C. e En, *
galeerniay count towa,rd the DBE g,
C 001,11P let ("M of Sei'v'ices requ red in this
DBI -A's Who perforni a co,nlillei-cially useffil funetion� hrl t1l",
Agree ni le n t, DBE is considered to perfioir,lll a. eoiiiniti:-Oally 'Ise ll funcl'ioi, wheri the DBE I"
I espoti;s*13 le for the exeeutk ri, o- a d'st"i ct elenwill of tile slery , ices specified h- the Agr e.,tilei"it and, the
4, 1 41) 1 1
hose i.,e 11 -h,e servi. , ces
carl"Y11190'u"t Of t l n s 1b][Ifies, by pct perf6rulh g,, nuna,gi g aiid supervisij,,Ig I,,
llivolved, andproviding tile des'117ed prodt,iet.
A Eli ' 1 1` 1 11 4
giiiecr Ilay co'Lu'A towllurd the DBI'.' goal, 'Its expelld,,ttA"u"e's to,
ro I. I IN I Ce S
dijig a, bwia, fide se ",
11 S Col of t&s or con)1111SSIOns clun-ged prov 1, 1 luch as
D BE Ifi 1, 1 i s I IS1,11, 111g, c
fessloilail", technical, const,dtant,,, or Ii-lanaprial ser S, and assistanze , i t,i, t , he procurenielit or essentia]
persoi,u,iel, fiaeilitiesl equipi'llelit, niatertalS Or SLIJ)PHies 1--equired for tile perfOr,nic,"111ce of this Ag,tlleement;
Pf
)OT' JE rjul 0-0 Rights Div s'*o,j 'to be "Ovided tha,t the fiele orl cloniniission Is det.er-mined bly MOLI
relasion bile wild u")t excessive as,, cotll,p",affl,eld wi th fe•es eustonla,rily allowled fog- sinliliallset,vices.
T-7
E. 11le Engluneer is encouragecl, to use the servilce"S of banks owned and
controlled by socially, and econot"ni"cafly' disad,vai�i't',-c,-ig.,7L2s�,�(I Midi vidUals.
V
RgVLJqcg,tl,lqq1t of DBE SUbcoi"Isuirtants" The fillgii'llee.t- slIall", make good
fit"t], effbils to re, itan,'t', who 's u able: to pert"orm salisfactorlily with another DBE
place a,, DBE S I 011SU i n, n
ivil *gI -ts D'V*
ion
RePlacenlent Firtils nitisf be appl-lovedby MoDO'l s External C R i j i's .
6. Veii[fication of DBE Pri'lor to� final pa, 1 - the . [,.oca]
................................................................ piient by
,Agency-, t1le Erigirteer, Isill'iall, file a list with, thile 11,ocal Agen.cy showing trlie DBEs Used mid the services,
'ble -to the
perk-millec. 1111'e Iist shlall show ttie aeftial dicAllar larnolt"in't paid to each DBE t1liat is applicz't,
percentage parOcipafi,o-ti, establishedA,greern,entl Falkire oil the part of flicEn,glneerto acl:ijevie the
DBE 'l pa,"110111. SPCTIw,lay I'lesid n 1119 111111
I a rt i i, t"' flied, �1]1 thiS Agreen'tent, nu t "n sanctions bei Posed on the C oin,,tni SS] Oil
tol, 11, 01111il I'll PI ia ii,ee with 49 C.F`AlR1l+ "Pati: 26 and/oir Sectic),t,i, I 101,11(b) of TEA -21. If the total DBE
a
Pt,11,11CIP8,tio,il i's less, an the 'go I aiiloutil stated by the MoDO`1117s External Civil Rights Division,
I , Nt,riclated clarnages, may be,,assessed to the En,
-e? -etweeii the atiliolunt of the DBE
Therefore, in ol,,der to li(Itticiate such darnag,ges, the i-n.on,,etary d*ff' i ii,ce b
f rin oal dol alTIOL1,111 leirmil the ' all
(1,1110un't actUy paid -to the D,B1`,s fior per itig a coni'tTlercially u,seftil
11 11 m F &
1 !191 ver.),"ie i
ftiiiietion, will be, deducted ftolii file I.. neer's paplierit SL C'is fiqLddated, daniages. If flik Ag,t 11,11 S
alwarlded with, less t1lan l goal aniotint stiq:("Iecl above by MoDOT's, External. CIVI, Rlglits, Division, that
lesser arno-tint, Sha.11 beconi.le the goal atilotint atid sliall be used, to deteruitile liquidated daniages, No sLIC11,
&
90 1 1
deditchan wi, 1 .1, be made wtieri,, fbr, reasons beyond 11ile contro, I olfthe Eiigin,,eei-11, th,e DBE a], aiii, ount s not
,niet,
& ctl l I1
7. Documentablori of Ciood Faith, Efffifts to Meet t, e DBE Goal: "I"he
Aglree,rri,ent, goal csAablis]"iled by' MoDOT"s Extel,.,nall CIV,il 1`,6* ilits Division., The Eligineer, 11,111st docurneat
g.
the good-fitith effforts,it made to achieve that.DBE goal, if t1h,e agreed Pellveiltage specified is le,,",,, than the
pe
Y rage centstatecl. Glood fin'th efforts to meet this, DBE goal,, am,ot:trit in.8 i lellUde such itenis as, bUt ar
imit li-mitedto, t1he flollow,,ing:
A
I F r . Attended, a ifleeting, scl-led,uIed by the Depiartmen,'t 'to, in forill
DBEs, lof cotit"naictiiig or coiisultilig Opplortunit''ICS1.
B. Adveftised iri gell,eral ci..i.-culation, trade association and siocUdly
and cemioinically di's-cadvantaged, busilless, directed inedica coneernJti,g DBE s,tibc,oii�-t,rict"ijigop,po,i,'-tL['Ili,'ti�esi,.
R 0,
C. Provided written notices to a reasojii,,a:plc nu,'inber of specific
DBES d"i'lat tilteir Intei-est in a stibconsultant ag.recinei,'A i's solicited, fin stufficlentfinie 'to allow the DBEsto
participate efi-,`ectively.
D. Followe(" Li
1 .1.), oil initia.1 soficitations of intemst bY co.ntacting
mtereste in stibconsult" th,
DBES 'to determille Wit'll w"liether the DBL, were, ld rlig wolk 1,01 IS
A, gi-leetimil m
1 "0
E. Selected portions of th,le services, to be pethfort-ned by DBFOS it')
Op! I I
order to increase'the fikefillood of recti ng fli.e DBE goal, (Includiti,& where appt, , "ate, briclak rig down
subconstiltatit agreenvilts Itito econotiii,, , ically feasible tu"i.its participa(I-011).
Pi"Ovided interested DB,Es wittiadc,"qla,te 111forml,"ion iabotft
pla,11"S si,)CCiflications a id ol t1iis Agreenient.,
p 1VCjL1're:ni.,ej1'ts f
fil r ,at qjecting
'r
G. Negiotlated ill 9010d aith wilh inte ested DBEs id, not i
,IDBEs as tinqualified, without sound rea,solins 'based ona thioroll-p-l'i itiv,estigation of their capabilities.
It llt�
111-4 "1 terested, DBEs ii:i obtcctining any bond11191,
14. Mad,e efl"O',ril's to "ass's Ul
lines of credit or insurance requi, ed by the Coini"nissl0ii, or b3� the Engijnccm
Made et ctive tis e of 'the serye of available disadvantaged
bLlStlless orga.,titzations, nlillolllty� cot''itractors 9,110,U)PS, dis,advantaged business as,.s,i.,s;,t,,C,ui,ce offices, and ather,
i I
Organizalioi,.�is tliat: prOvide assIstailcel 11, the recruituie,'nt and placenletit of 'DBE filrins.
le 11, 1,19 1
8. Good Faith 1"'I'lf,'61415 to Obtain DB F"'," Part"c"' fftl E 'neei's, agreed, DBE
. . ..................... . . .... .
goaetheiticei,, cerlifics., that
goa U
I a nlo, ti, cit, as speci fied iehan th
s, lss, te estab I ished D, B11.74. l givti, l'i the Eng,
-Collowillg go,Ocl ficlith effbils were take"ll Oy EngineerlD, an affenipt,to obtain the level ofDIIE p,carticip,atioll
set, by WDOT's Externa, I I Civil R1,9111s,
^.
w
Attachment G — Fig. 136.4.15
Conflict of Interest Disclosure Form for LPA/Consultants
Local Federal-aid Transportation Projects
Firm Name (Consultant): Lochmueller Group,Inc
Project Owner(LPA): City of Cape Girardeau
Project Name: Downtown Parking Study
Project Number: TEAP-1501(007)
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 Consultant
Printed Name:_�.�� N� Printed Name: ��t%n �n�
Signature:����$1/�W�� Signature: ���
Date: �� r` 1��'�� Date: �/�b��%�S
.. . _
:�r `
SPONSOR: City of Cape Girardeau
LOCATION: Old Town Cape Community Improvement District, Cape Girardeau
PROJECT: Downtown Parking Study Project#TEAP-1501 (007)
THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "Local
Agency", and Lochmueller Group hereinafter referred to as the "Engineer".
INASMUCH as funds have been made available by the Federal Highway Administration through its
Traffic Engineer Assistance Program (TEAP), coordinated through the Missouri Department of
Transportation, the Local Agency intends to perform a parking study within the Lower Broadway,
_ Upper Broadway and the Riverfront areas of Old Town Cape to determine parking space needs based
on future high occupancy scenarios and requires professional engineering services. The Engineer
will provide the Local Agency with professional services hereinafter detailed for the study 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 Service 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 0.00% 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, 0.00% 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
Not Applicable
r •
� '
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 far 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. Parking Study Results and Recommendations shall be completed on June 30, 2015
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.
�
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 parking study services, the Local Agency will pay the Engineer the actual costs incurred
plus a predetermined fixed fee of$1,707.30, with a ceiling established for said design services
in the amount of
$14,997.30, which amount shall not be exceeded.
B. 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.
C. Actual costs in Section A 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 estimated at 70.76% 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 estimated at 115.04% 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
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.
. •
� �
D. The rates shown for additives and overhead in Sections VII. D.2 and VII. D.3 above are
approximate and will be used for interim billing purposes. Final payment will be based on the
actual rates experienced during the period of performance, as indicated by the Engineer's
accounting records, and as determined by final audit of the Engineer's records by MoDOT.
E. The payment of costs under this contract will be limited to costs which are allowable under 23
CFR 172 and 48 CFR 31.
F. 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.
G. 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.
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
• �
a
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: No sub-consultants
required.
Sub-Consultant Name Address Services
Not A�plicable
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, far 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 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 Title VII 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.
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 Title VII of the Civil Rights Act of
1964, as amended. 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.
C. The Engineer's insurance coverage shall be for not less than the following limits of liability:
Insurance Tvpe Amount
Worker's Compensation: In full compliance with statutory requirements of
Federal and State of Missouri
Comprehensive General and Professional Liability: $409,123 each person
$2,727,489 each occurrence
Comprehensive Automobile Liability: $409,123 each person
$2,727,489 each occurrence
Employer Liability: $409,123 each person
$2,727,489 each occurrence
City's Protective Bodily Injury Including Death: $409,123 each person
$2,727,489 each occurrence
City's Protective Property Damage: $409,123 each person
$2,727,489 each occurrence
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 - Breakdown of Overhead Rates
Attachment D - Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions.
Attachment E - Certification Regarding Debarment, Suspension, and Ineligibility and
Voluntary Exclusion- Lower Tier Covered Transactions.
Attachment F—DBE Contract Provisions
Attachment G—Fig. 136.4.15 Conflict of Interest Disclosure Form
t
�
Executed by the Engineer this � �� day of �'�ar�� , 20 iS.
Executed by the City this�day of j�Q��� , 20/S
FOR: CITY OF C GI EAU,MISSOURI
GI��
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BY: G4`4� ����`��`''r,,
�'
Scot eyer, ity Manage �k4 `;,� ������
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E'� �/, 't��� b�
U _��t,. �} n`y
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ATTEST: , *THE UNyO� �w
it �'lerk ����'�f;�
EAL
FOR: LOCHMUELLER GROUP, INC.
BY: .% ���� f�r��`� '�ci U�;a �✓
Title
ATTEST:
I hereby certify under Section 50.660 RSMo there is either: (1) a balance of funds, otherwise
unencumbered, to the credit of the appropriation to which the obligation contained herein is
chargeable, and a cash balance otherwise unencumbered, in the Treasury, to the credit of the fund
from which payment is to be made, each sufficient to meet the obligation contained herein; or (2)
bonds or taxes have been authorized by vote of the people and there is a sufficient unencumbered
amount of the bonds yet to be sold or of the taxes levied and yet to be collected to meet the obligation
in case there is not a sufficient unencumbered cash balance in the treasury.
� John Richbourg, Director of ' ance
ATTACHMENT A
Scope of Services
Downtown Parking Study
Under this agreement, Lochmueller Group will prepare a parking study focused on three
primary areas within the Community Improvement District for powntown Cape Girardeau:
• Upper Broadway: generally bounded by Bellevue,Themis, Henderson and Sprigg
• Lower Broadway: generally bounded by Bellevue,Themis, Lorimer and Frederick
• Riverfront District: generally bounded by Bellevue, William, Lorimer and the river
The primary purpose of this study is to document existing on-street and off-street parking
usage within these areas and project parking needs if the buildings within these areas achieve
high occupancy rates. Based on projected demands, recommendations will be made regarding
improved parking management and/or the need for additional supply.
In addition, we will identify available planning research that guides urban areas in deploying
public infrastructure assets that encourage private development and enhance the pedestrian
experience. Finally, the potential reduction in congestion and traffic loads on Broadway and
Main Street that could achieved with parking improvements will be assessed.
1. Obtain information from the City, the Chamber of Commerce and Old Town Cape regarding
existing building sizes, uses and occupancy rates, if available. In addition, any available GIS
information pertaining to parcels within the study area will be obtained.
2. Review previous parking and traffic studies within the downtown area to better understand
the history and recent changes to building use and parking demand.
3. Collect an inventory of existing off-street and on-street parking within the three emphasis
areas described above.
4. Perform parking demand counts within the three study zones to document existing parking
use on a per-lot basis. These counts would be performed from 7:00 a.m. to 7:00 p.m. on a
typical weekday.
5. Calculate parking demand increases that would result within each study area under a high-
occupancy building scenario. Target occupancy rates would be provided by the City and
would reflect any significant change in use (e.g. change from office to residential)
anticipated in the foreseeable future.
6. Distribute the projected increase in parking demand within the three study zones to
establish a total hourly parking demand under high occupancy conditions.
7. Based on this analysis, identify any anticipated deficiencies in off-street or on-street parking
within the study area throughout the course of a typical weekday.
8. Provide recommendations regarding the need for additional parking or improved
management of existing parking resources to accommodate forecasted demands.
9. Identify available planning research that guides urban areas in deploying public
infrastructure assets that encourage private development and enhance the pedestrian
experience.
10. Assess the potential reduction in congestion and traffic loads on Broadway and Main Street
that could be achieved with the parking improvements recommended in Task 8.
11. Prepare a letter report summarizing our analysis, findings and conclusions.
ATTACHMENT B
ESTIMATE OF COST
PARKING STUDY Rate
Hours (Salarv Only� Cost
Senior Project Engineer 16 $51.56 $824.96
ProjectEngineerII 35 $32.81 $1,14835
Civil Engineering Specialist 2l $28.12 $590.52
Transportation Planner 61 $25.00 $1,525.00
Engineering Designer 6 $29.69 $178.]4
SUBTOTAL 139 $4,266.97
Payroll Overhead(Est. at 70.76%X SUBTOTAL)) $3,01931
General and Admin. Overhead(Est. at115.04%X SUBTOTAL)) $4,908.72
TOTAL LABOR&OVERHEAD $12,195.00
Fixed Fee(14 Percent TOTAL LABOR&OVERHEAD) $1,707.30
TOTAL LABOR,OVERHEAD&FIXED FEE $13,902.30
Other Direct Costs
Travel,5 trips @ 300 miles X 0.50 IRS Rate $750.00
Per Diem(cannot exceed maximum per diem rates per Federal Travel
Regulations) $345.00
Computer Time
Printing
SUBTOTAL DIRECT COSTS $1,095.00
TOTAL FOR PARKING STUDY $14,997.30
ATTACHMENT C
OVERHEAD RATE BREAKDOWN
FOR YEAR 2013
**SEE ATTACHED OVERHEAD AUDIT REPORT**
DIRECT LABOR BASE $
PAYROLL ADDITIVES
(list individual components) %
DIRECT
LABOR
$
%
$
%
$
%
�
%
Total Payroll Additives $
%
GENERAL AND ADMINISTRATNE OVERHEAD
(list individual components)
$
%
$
%
$
%
Total General and Administrative Overhead $
%
TOTAL OVERHEAD $
o�a
Less Unallowable Items(itemize) $
%
TOTAL ALLOWABLE OVERHEAD
%
*Overhead percentages should be taken out to 2 decimal places
� r
. ' BERNARDtN, L,OCHMUELLER AND ASSOCIATES, INC.
Statement of Direct Labor� Pr[nge Benefits, and General Overhead
For the Year Ended December 31, 2015
Unadjusted Unalfowable Allowable ti6 Direct
Descr�ption Costs Coats Notes Costs LabAr
pIRECT LABOR
5090 Direct-Salaries $ 6,686,753 $ 6,fi86,753
5091 Fremium Labor 155,374 155,374
Dlrect Labor 8ubtotal 6,842,127 6,a42,�127
�RINGE BENEFITS ,
8810 Vacation 671,235 671,235
8811 Holiday 409,498 409,498
6812 iliness 277,388 277,388
6820 Employee Bene6ts 57,554 (44,082) (d),(g),(i) 13,472
6825 Retirement Plan ConMbutions 446,594 446,591
6826 401 k Expense Administrative Fees 3,208 3,208
6830 FICA Expense 869,886 (5,307) (q) 864,579
6831 Prior Prepaid Aocrual Differential 92 92
6832 St.touis Payroil E�ense Tax 4,175 4,175
6838 l:ife Insurance 23,052 23,052
6839 Health lnsuranoe Claims 1,655,341 1,655,341
6840 He�lth Insurance 223,630 223,630
6841 Long Term Disability Insurance 45,247 45,247
6842 Short Term DisabDity&Lffe insurance 6,047 6,047
6843 Empioyea Aasistance F'rogram 5,200 3,200
684�4 Flewble Spendinq-Admktistration Fees 5,214 5,214
6850 Unempioyment Tsx-Federal 20,�20 20,120
6851 Unempbyment Tax-indiana 27,7i6 27,716
6852 Unempl�oyment Tax-Kentucicy 326 326
6853 Ur�mpbyment Tax-tllinois 13,218 13,248
6855 Unemployment Tax-Misaouri 3,198 3,198
6856 Unempbymant Tax-Pennsyivania 313 313
6860 Inaurance-Worker's Compensa6on 42,453 42,453
B890 Other L�bor Relaked Costs 90,261 (8,459} (� 81,802
Fringe Benefits Sub#otal 4,898,963 (57,8,48) 4,847,115
(3ENERAL OVERH,�A[)
7090 indirect Salaries 4,050,468 (143,678) {b),{m) 3,906,794
7525 Auto Mileage�Compensation) 27,875 27,875
7091 Indirect Sataries-SeminarslTrafntng 2Q3,047 203,047
8916 CuRentYearSalaryAdjustments (51} (51)
8960 Indirect Salarfes-Business Development 14,�491 (94,49'{) (m) 0
7095 Bonus-Salaries 1 24,803 24,803
8976 Bonus-5alaries 2 332,005 {188,327) (b} 143,678
8974 Non-allowable Admin Salaries �� 33,984 (33,984) (b) �_ 0
7320 Rent 1,124,336 (314,652) (n) . �
_ �� 130,554��n� 679,130
• 7530 Auto-Lease Payments 160,Q78 (82,424) (o) 77,654
7b3'f Auto-Gas 182,239 (93,835) (o) 88,404
7532 Auto-Maintenance 85,657 (44,'I05) (o) 41,552
7533 Auto-Insurance 39,267 (20,219) (o) 19,048
7534 Auto-License d�Registration 1'l,058 (5,694j (o) 5,364
7535 Auto-De�eciation 71,070 ��36,594��� (o) 34,476
7539 Auto-Unit Pric•s Recovery (209,295) 209,295 (o)
� ��Y 11,175 (o) 19,175
7110�Subcontract indirect , r 13,765 13,�65
See accompanying notes.
3
� r
, • BERNARDIN, LOCHMUELLER AND ASSOCIATES, [NC.
Statement of Direct Labor, �'ringe Benefifs,and General Overhead
For the Year Ended December 31,2013
Unadjusted UnaUowabie lillowabie '�Direct
Description Costs Costs Notes Costs Labor
GENERAL OVERHEAD(CONIINUED)
7120 Professional-Services 374,945 (216,564) (f},(I),(m),(r) 158,381
8600 Project-Legai Costs 40,934 (40,934} (e} 0
7121 Softwrare Support 385,449 385,149
7235 Computer Services 81,625 81,825
7410 Computer Supplies 28,338 28,338
7440 Office Supplies 85,117 85,117
7230 Dues&Subscriptions 4,548 4,548
7240 Filing Fees 3,036 3,036
7242 Insurance-Professional Liability 94,022 94,022
7243 Insurance-General 60,177 60,177
7244 Banding 164 160
725Q Professional Licenses&Permits 25,574 25,874
7260 Postage/UPS/Freight 18,254 18,254
727� Publications&Maps 8,402 8,402
7290 Professianal Dues 8�Registration 54,892 (1,909) (k) 52,983
7300 Reproduction Costs 1,148 1,148
7310 Printing 94,417 14,417
7325 Equipmen#Rental 159,799 159,798
7330 Equipment Repairs&Maintenance 122,100 '(22,1Q0
7335 CADDiGPS Recovery (64,7i2} (64,712)
7390 OtherCosts 11,347 11,347
7420 Qrafting Supplies 7,964 7,9G4
7430 Field Suppliea 20,431 20,431
7450 PrinGny Suppfles 11,912 11,912
7460 Proposal Suppiies&Costs 11,324 11,324
751 f Meals Indirect 60,137 (14,993) (dj,(�,{o} 45,144
7515 Traininy&Education-Fees 106,340 106,340
7516 Training&Education-7ravel ' 49,411 (8,243) (fj,(o) 41,168
7517 Training&Education-Meals 10,892 (3,378) (d),(e),(fl 7,514
7510 Travel Expenses 51,212 (14,68$) (f�,(m),(o) 36,524
7520 Mileage Reimbursement (39,050) (39,030)
7521 Indirect/Proposal Mileage Reimbursement 19,847 (10,219) (o) 9,828
7730 Tolls/Parking �24,298 24,298
7710 Utilities 77,427 77,427
7715 Building Maintenance 144,754 {11,825) (fl,(n) 132,929
7720 Telephone 148,171 (2,448) {f) 145,'125
7220 Depreciation 651,915 5,602 (p) 657,617
7810 Sales�Use Taxes 2,436 2,436
7650 Property Taxes 49,895 49,895
7690 OtharTaxes 4,190 4,190
8915 Prior Period State income'fax 1&0 . 160
9981 Loss(Gain)on Disposal of Asset (8,824) {8,824)
8920 Contributions-Political 22,635 (22,635) (k) 0
8925 Contributions-Non-Political 23,627 (23,827) (c) 0
8931 Advertising-Other 9,525 (9,525) {m) 0
8945 InEerest 84,903 (84,903) Q) 0
See accompanying notes.
4
. •� BERNARDIN, LOCHMUELLER AND ASSOCIATES, INC.
Statement of D�rect Labor, Fringe Benefifs, and Generat Overhead
For the Year Ended December 31�2493
Unadjusted Unallowable AUowable °/,Direct
Description Costs Costs Notes Costs Labor
GENERAL OVERHEAD FCONTINUED)
8950 Selling&Promotional-Special Advertising 8,902 (8,902) (m) 0
8951 Selling&Rromotional-�ther 76,565 (76,565) (m} p
8953 Selling&Promotional-Travei 8,421 (8,421) (m) 0
8955 Selling&Promotional-Meals 33,774 (33,774) (h),(m) • 0
8965 Bulk MaIUUPSlAAsit 1,923 (1,923) (m) 0
8970 Lobbying Expenses 2,853 (2,853) (k) 0
8980 Bad Debt/A!R Write Offs 98,359 (98,359) (a) 0
General Overhead Subtotal 9,450,698 (1,579,370) 7,871,328
Fringe Benefits&General Qverhead Totaf S 14,349,661 s (1,637,218) $ 12,712,443 185.80°�6
�---�— �
PAR OVERHEAD RATE 785.80%
FACILITfES CAPITAL COST OF MONEY RA7E(refsr to Note F) 0.38°�
Foofiotes
(a) Unallowable bad debts per FAR 31.205-3.
(b) Unallowable compensation for personal services per FAR 31.305-6.
(c) Unallowable contributions or donations per FAR 31.205-8.
(d) Unallowable costs of alcoholic beverages per FAR 31.205-5t.
(o) Unallowable direct costs per FAR 31.202.
(fl Unallowabls due to insufficient documentation per FAR 31.2�1-2(d}.
(gj Unallowable�mployee morale,health,wetfare,food service,and dormitory costs,and cred(ts per FAR 31.205-73_
(h) Unel[owable entertainment costs per FAR 31.305-i4.
(i) Unailowable costs due to reasonableness per FAR 31.201-3.
(jj Unaliowable 4nterest and other financtal coats per FAR 31.205-20.
(k) Unallowabte)obbying and po�tical activity costs per FAR 3i.2U5-22.
{I) Unallowabte organization costs per FAR 31.205-27.
(m} Unallowable public relations and advertising cosEs per FAR 31.205-1.
(n) Unallowable renfal costs per FAR 31.205-36.
(o) Unallowable travel costs per FAR 31.205-46. .
{p) Adjustment for inctusion of depreciation expense related to property,planf,and equipment.
{q) Unallowabls employer payroll taxes related to unallowable compensation footnoted et(b)and{m).
(r) Unallowable personai expenses of owners,officers,and employees.
See accompanying notes.
5
♦ •
s
ATTACHMENT D
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 ar 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 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 ar 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.
. •
Y
ATTACHMENT E
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.
, , .
r
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, 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.
• � .,
Attachment F
Disadvantage Business Enterprise Contract Provisions
1. Policv: 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 ar 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 21 st Century(TEA-21)apply to this Agreement.
2. Obligation of the En�ineer 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. Geo�raphic 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,
eyual 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 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/ar 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 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. 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 ineeting 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.
I. Made effective use of the services of available disadvantaged
business arganizations, 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 the
following good faith efforts were taken by Engineer in an attempt to obtain the level of DBE participation
set by MoDOT's External Civil Rights.
� �° �
Attachment G — Fig. 136.4.15
Conflict of Interest Disclosure Form for LPA/Consultants
Local Federal-aid Transportation Projects
Firm Name(Consultant): Lochmueller Group,Inc
Project Owner(LPA): City of Cape Girardeau
Project Name: Downtown Parking Study
Project Number: TEAP-1501(007)
As the LPA and/or consultant for the above local federal-aid transportation project, I have:
l. 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 Consultant
Printed Name: �i(,�, Printed Name: ��. S���,�`�
�
Signature:_� Signature: 1 c ���
�
� '
Date: �,j� --� P r Date: ?' �� �ZO�S