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HomeMy WebLinkAboutRES.1640.02-05-2001 . , BILL NO. 2001 -?4 RESOLUTION NO. /(p�{C� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BOWEN ENGINEERING & SURVEYING, INC. , FOR THE BLOOMFIELD ROAD BRIDGE OVER RAMSEY CREEK 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 a Contract with Bowen Engineering & Surveying, Inc. , for the Bloomfield Road Bridge over Ramsey Creek. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS F` � DAY OF - , 20L' . � i� A. . Spradling, III, ayor ATTEST: �� o� CAP,E �� .. � -ZCt ` h,'� ,?��,�, Gayle . Conrad, City Clerk V'`' � /!`"`� �'d+ ,,, �. - ' � ` �_; ,,. �k 1 ,����'�;;�,��, � ..� ,n� a � I � �a �� �.;r� �� _„ `.�.� ��� � ak 1� . City of Cape Girardeau BLOOMFIELD ROAD,RAMSEY CREEK BRIDGE NO.1130003 ENGINEERING SERVICES CONTRACT This contract is between City of Cape Girardeau, Missouri, hereinafter referred to as the "CITY," and Bowen Engineering & Surveying, Inc., 1078 Wolverine Lane, Suite J, Cape Girardeau, Missouri, hereinafter called the "Engineer," INASMUCH as funds have been made available by the Federal Highway Administration through its Off-System Bridge Replacement and Rehabilitation Program, coordinated through the Missouri Highway & Transportation Department, the CITY requires professional engineering services to replace Bridge No.1130003, located on Bloomfield Road, over Ramsey creek. The engineer will provide the CITY with professional services hereinafter detailed for the planning, design and construction inspection of said structure and the CITY will pay the Engineer as provided in this contract. It is mutually agreed as follows: ARTICLE I- SCOPE OF SERVICES � i A. DESIGN PHASE---The Engineer will: 1. Determine the needs of the CITY for the project. 2. Conduct topographic, property and utility surveys sufficient to develop plans for the project. 3. Arrange for a subcontractor to conduct subsurface investigations. 4. Prepare alternative designs and cost estimates, develop preliminary plans, and recommend the best overall general design based on these studies. 5. Submit five copies of preliminary plans, estimates and studies for review by the CITY, MoDOT and the Federal Highway Administration (FHWA). , i 6. Based on approvals of preliminary plans, prepare detailed construction plans, cost estimates, specifications, and related documents as necessary for soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by CITY's forces. G1 7. Secure adequate property title information, prepare right of way plans, and assist the CITY in acquiring right of way, for the project. 8. Insure compliance with water quality requirement by coordinating with the Missouri Department of Natural Resources and the U. S. Army Corps of Engineers. 9. Insure compliance with the office of Historic Preservation Requirements through coordination with the Department of Natural Resources, and if deemed necessary, arrange to have the site and any borrow areas examined by a qualified archaeologist on a subcontract basis. 10. Provide the CITY with seven sets of completed plans, specifications, and cost estimates for the purpose of obtaining construction authorization from the Federal Highway , Administration. 11. Detailed hydraulic and flood plain studies of Ramsey Creek are not included in this contract. The determination of the bridge elevation in accordance with criteria presented in the Off Systems Manual and urban design manual will be employed. � B. BIDDING PHASE--The Engineer upon receipt of construction ; authorization from the Federal Highway Administration, will: � � i I 1. Provide the CITY with a list of qualified area bidders and assist � CITY in advertising for bids, provide assistance to potentiat bidders in understanding the plans and answering questions. i 2. Assist the CITY in evaluating bids and requesting concurrence in I award from MODOT AND FHWA. ', , i C. CONSTRUCTION PHASE The Engineer will serve as the CITY's representative for i � administering the terms of the construction contract between the i CITY and the Contractor. Engineer will advise the CITY of � defects in workmanship and materials. However, the furnishing of such project representation will not make the Engineer responsible for the construction methods and procedures or for the Contractor's failure to perform work in accordance with the contract documents. Engineer's services more specifically, will include following: C-2 � 1. Assist the CITY with a preconstruction conference to discuss project details with the Contractor. 2. Make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. It is contemplated that survey staking and layout will be accomplished by the Contractor's forces. The Engineer will accompany MODOT and FHWA representatives during inspections of the project site. 3. Check shop drawings and review schedules and drawings submitted by the Contractor. 4. Reject work not conforming to the project documents. 5. Prepare change orders for issuance by the CITY as necessary and assure that proper approvals are made prior to work being performed. ! 6. Review wage rates, posting, equal employment opportunity and other related items called for in the contract documents. 7. Inspect materials, review material certifications furnished by the Contractor, sample concrete and other material as required, and arrange for laboratory testing of samples. I 8. Maintain construction diary and other project records, measure and � � document quantities, and prepare monthty estimates for payments due the Contractor. 9. Be present during critical construction operations, including but not limited to the following: a. Structure layout b. Excavation and backfilling c. Driving of piles d. Checking of reinforcing steel prior to concrete placement e. Concrete batching and pouring f. Placement of girders g. Placement of surFacing materials 10. Participate in final inspection, provide the CITY with project documentation (diaries, test results, certifications, etc.) and a copy of record drawing of the project. C-3 ARTI LE II-ADDITIONAL SERVI ES i C C The CITY reserves the right to request additional work, if changed or unforeseen � conditions require services beyond the scope of this contract. In this event, a supplement to this agreement will be executed and submitted for the approval of FHWA prior to performing the additional services, and before incurring any cost. Any change in compensation will be set forth in the supplement agreement. ARTICLE III--RESPONSIBILITIES OF CITY The CITY will cooperate fully with the engineer in the development of the project Including the following: A. Provide all information pertaining to the project possessed by the CITY. B. Provide the Engineer with the CITY's requirements for the project. C. Make provisions for the Engineer to enter upon property at the project site i II for the performance of his duties. , i j D. Examine all studies and layouts developed by the Engineer, obtain i i reviews by MODOT and FHWA, and render decisions thereon in a prompt ' manner so as not to delay the Engineer. E. Designate a person in the CITY's employ to act as CITY's � Representative under this contract, such person to have authority to transmit instructions, interpret the CITY's policies and render decisions with respect to matters covered by this agreement. F. The CITY will perform appraisals, negotiate with property owners and i otherwise provide all services in connection with acquiring right of way for � this project. ARTICLE IV--PERIOD OF SERVICE The Engineer will commence work within two weeks after receiving notice to proceed , from the CITY. The general phases of work will be completed in accordance with the ' following schedule: � A. Preliminary design phase--within 90 calendar days after receipt of "notice to proceed.". B. Final design phase--within 90 calendar days after completion of review of � C-4 i 'i ' � preliminary plans by the CITY, MODOT and FHWA. I , �!� C. Construction Phase--As desired by the CITY. The Engineers schedule will � not delay the Contractor. All services under this contract will be completed ' �, 60 days after final acceptance of construction work. , i � ! The above times are exclusive of review time by other agencies and exclusive of time , required to acquire right of way. The CITY will grant time extensions for unavoidable � delays beyond the control of the Engineer, stating fully the reasons for the request. I ; ARTICLE V--STANDARDS � ' Design criteria and project planning will be in accordance with Standard Specifications , , for Highway bridges as promulgated by the American Association of Highway and ' , Transportation Officials and as contained in the Federal Aid Highway Off System Bridge I Replacement and Rehabilitating Program Manual. Geometric design will conform to �, AASHTO green book design standards. The latest version of Missouri Standard ' Specifications for Highway Construction will be used for contract specifications, with , appropriate modifications thereto by the Engineer. ARTICLE VI--COMPENSATION ', A. For design services provided under this contact, the CITY will , I compensate the Engineer the actual costs incurred plus a predetermined fixed fee of $3,060.00. The Contract ceiling established for �i design services is $30,558.29. I B. For construction inspection services, the CITY will pay the Engineer the , � actual costs mcurred plus a predetermined fixed fee of $2,260.00. The ' Contract ceiling for construction inspection services is $22,595.84. I C The compensation outlined above has been derived from estimated costs � !, detailed in Attachment A. Included in the Contract ceilings amounts are ', contingencies within which the CITY may authorize minor changes in ', work. Major changes in the work which exceed the contract ceiling, will require a supplement to this contract, as covered in Article II-Additional I Services. ' I D. Actual costs in accordance with Sections A and B are defined as: 1. Actual payroll salaries paid to employees for the time they are ' ' engaged in work on this contract, and � , , 2 An amount estimated at 31.85% of actual salaries in Item 1 for �I GS I� - - ------- --��------------� payroll additives, including payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay, and 3. An amount estimated at 76.59°/a of actual salaries in Item 1 for general and administrative overhead, based on the Engineer's system for allocating indirect costs in accordance with sound accounting principles and practices, and 4 Other costs directly attributable to the project and not included in the above overhead, such as vehicle mileage, meals and lodging, printing, surveying expendables, and computer time, and � 5. Project costs incurred by others on a subcontract basis. Subcontract costs to be passed through the Engineer on the basis of reasonable and actual cost as invoiced by the subcontractors. E. The rates shown for additives and overhead in Sections, VI, D.2, and VI. II � 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, �I and as determined by final audit of the Engineer's records by MODOT. i F. The payment of costs under this contract will be limited to costs which are allowable under the Federal Policy Guide Manual Contract Costs Principles and Procedures, of the Federal Procurement Regulations. , ! G. METHOD OF PAYMENT--Partial payments for work satisfactorily � completed will be made to the Engineer upon receipt of itemized invoices by the CITY. Invoices will be submitted on a monthly basis. A pro-rated portion of the fixed fee will be paid with each invoice. H. PROPERTY ACCOUNTABILITY--If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate icredit will be given for any residual value of said equipment after ! � completion of usage. � ARTICLE VII--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 CITY hall have the right to annul , C-6 this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee, plus reasonable attorney's fees. ARTICLE VIII--SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract except as provided herein, shall be sublet or transferred without the written consent of the CITY. 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: foundation borings and special soil tests, abstracts of title, archaeological studies. ARTICLE IX--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. ARTICLE X--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 CITY, MODOT or the Federal government during regular working hours at the Engineers place of business. ARTICLE XI--OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered � to and become the property of the CITY upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the CITY upon request. All such information produced under this contract shall be available for use by the CITY without restriction or limitations on its use. If the CITY incorporates any portion of the work into a project other than that for which it was performed, the CITY shall save the Engineer harmless from any claims and liabilities resulting from such use. ARTICLE XII -TERMINATION � The CITY may terminate this contract at any time by giving written notice. If the I contract is terminated because the project is abandoned or postponed by the CITY, the Engineer will be paid for actual expenses incurred up to the date of termination, plus a pro-rated portion of the fixed fee. C-7 If the contract is terminated due to the Engineer's services being unsatisfactory in the judgement of the CITY, or if the Engineer fails to prosecute the work with due diligence, the CITY may procure completion of the work in such manner as it deems to be in the best interest of the CITY. ARTICLE XI11 - DECISIONS UNDER THIS CONTRACT The CITY will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The CITY's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS The CITY 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. I ARTICLE XV - COMPLIANCE WITH LAWS 'I The Engineer shall comply with all federal, state, and local laws, ordinances, and I� regulations applicable to the work, including Title VI of the Civil Right Act of 1964 and I non-discrimination clauses incorporated herein, and shall procure all licenses and � permits necessary for the fulfillment of obligations under this contract. ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Engineer agrees to save harmless the CITY, MODOT and FHWA from all claims ' and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. � i i ARTICLE XVII - NONDISCRIMINATION The Engineer, with regard to the work performed will not discriminate on the grounds of � race, color or national origin in the selection and retention of subcontractors. The Engineer will comply with Title VI 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 (b), which are herein incorporated by reference and made a part of this �I contract. In all solicitations either by competitive bidding or negotiation, made by the � Engineer for subcontract work to be performed, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified of the Engineer's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race, or national origin. _ ; C-8 I, ARTICLE XVIII , This contract is made and entered into subject to the approvai of the Federal Highway II Administration. '� � ARTICLE XIX - INSURANCE I Without limiting the liability hereunder, Bowen Engineering and Surveying, during the life of this agreement, shall maintain the following insurance and furnish the City certificates of insurance as evidence thereof. Such certificates shall provide that cancellation of said insurance shall not be effected without thirty (30) days prior written �' notice to the City. The certificates shall plainly designate the name of the project for , , which the certificate is provided. I 1. Workers' Compensation insurance, providing coverage in compliance with the laws of the state in which any part of the work is to be performed, and Employer's Liability Coverage in the minimum amount of $100,000 for each occurrence. 2. Architect's and Engineers Professional Liability Insurance. Bodily injury and property damage combined single limit - $1 million each claim, $5 million aggregate. ' ARTICLE XX - ATTACHMENTS I The following exhibits are attached hereto and are hereby made part of this contract: ' Attachment A - Estimate of Cost Attachment B - Breakdown of Overhead Rates , Attachment C - Certification Regarding Debarment, Suspension, and Other � Responsibility Matters - Primary Covered Transactions. Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Lower Tier Covered Transactions. I C-9 I' � --- ---------- I ' Executed by the Engineer this /Z��` day of .�cc�ivr6� 2000 i i Executed by the CITY this LO(� day of 2000 � � i For: City of Cape irardeau, Missouri ,.. _ , __,.�.. . ---- ---_ I _ � . M' ael G Miller,� City Manager � Attest " r � i I I , i �I i� For: Bowen Engineering & Surveying, Inc. I Richard I. Bowen, Presi en � � ' Attest � , I i I � I hereby certify under Section 50.660 RSMo there is either. (1) a balance of funds, j 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 I meet the obligation contained herein; or (2) bonds or taxes have been authorized by � ivote 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. � � �—C�^'C�ti�,.r� City ape Girardeau Accou in Officer 9 G10 Attachment "A" ESTIMATE OF DESIGN ENGINEERING SERVICES BRIDGE NO. 1130003 CITY OF CAPE GIRARDEAU BLOOMFIELD ROAD---RAMSEY CREEK BRIDGE DISCIPLINE HOURS RATE AMOUNT SENIOR ENGINEER 20 $ 30.00 $ 600.00 DESIGN ENGINEER 145 $ 22.63 $ 3,281.35 ENGINEER I 65 $ 17.50 $ 1,137.50 LAND SURVEYOR 35 $ 25.00 $ 875.00 RESIDENT ENGINEER 0 $ 1623 $ - ENGtNEERING TECHNICIAN 45 $ 12.00 $ 540.00 TWO-MAN SURVEY CREW 24 $ 21.00 $ 504.00 THREE-MAN CREW 36 $ 29.00 $ 1,044.00 DRAFTSMAN 145 $ 11.75 $ 1,703.75 SECRETARY 75 $ 11.00 $ 825.00 SUB-TOTAL DIRECT PAYROLL $ 10,510.60 DIRECT OVERHEAD , 31.85% $ 3,347.63 GENERAL 8�ADMINISTRATIVE OVERHEAD, 76.59% $ 8,050.07 SUB-TOTAL DIRECT LABOR 8�OVERHEAD $21,908.29 MILEAGE 800.00 $ 0.30 $ 240.00 SUPPLIES $ 300.00 $ 300.00 PRINTING $ 250.00 $ 250.00 LABORATORY TESTING $ 800.00 $ 800.00 SUB-TOTAL $ 1,590.00 SUBSURFACE INVESTIGATIONS $4,000.00 $ 4,000.00 FIXED FEE $ 3,060.00 CONTRACT CEILING DESIGN PHASE $30,558.29 Attachment "A" ESTIMATE OF CONSTRUCTION ENGINEERING SERVICES BRIDGE NO. 1130003 BLOOMFIELD ROAD--RAMSEY CREEK CROSSING CITY OF CAPE GIRARDEAU DISCIPLINE HOURS RATE AMOUNT SENIOR ENGINEER 20 $ 30.00 $ 600.00 DESIGN ENGINEER 65 $ 22.63 $ 1,470.95 ENGINEER I 35 $ 17.50 $ 612.50 LAND SURVEYOR 35 $ 25.00 $ 875.00 RESIDENT ENGINEER 165 $ 16.23 $ 2,677.95 ENGINEERING TECHNICIAN 75 $ 12.00 $ 900.00 TWO-MAN SURVEY CREW 16 $ 21.00 $ 336.00 THREE-MAN CREW 24 $ 29.00 $ 696.00 DRAFTSMAN 0 $ 11.75 $ - SECRETARY 75 $ 11.00 $ 825.00 SUB-TOTAL DIRECT PAYROLL $ 8,993.40 DIRECT OVERHEAD , 31.85°/a $ 2,864.40 GENERAL 8o ADMINISTRATIVE OVERHEAD, 76.59% $ 6,888.05 SUB-TOTAL DIRECT LABOR& OVERHEAD $ 18,745.84 MILEAGE 800.00 $ 0.30 $ 240.00 SUPPLIES $ 300.00 $ 300.00 PRINTING $ 250.00 $ 250.00 LABORATORY TESTING $ 800.00 $ 800.00 SUB-TOTAL $ 1,590.00 FIXED FEE $ 2,260.00 CONTRACT CEILING CONSTRUCTION PHASE $22,595.84 Attachment "e" Overhead Rate Breakdown Qverhead Item Payroll Multi I�ier Vacation 3.85 Holiday 3.46 Sick Pay 1.86 Health Insurance 11.25 � Payroll Taxes 11.43 Total Direct Labor 31.85% �eneral And Administrative Overhead � " � P r en Rent 3.18 Phone 2 84 . Utilities 1.25 Postage 1.09 Car/Truck Expense 12:17 Travel / Employee Expense 2,4T lnsurance � 2.54 Legal 1 Accounting 0.26 Survey Supplies 2.54 Repairs 2.56 Depreciation g,52 Payroll Taxes 0,87 Fees, License Permits 1.86 Administrative Salaries � 22.13 Local Taxes � 0.27 Ins. General 2.30 Office Supplies 3.78 Testing Expense 1.51 Subcontract � 3.51 � Total General and Administrative Overhead: - 76.59°/a Attachment "C" Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. i 2. The inability of a person to provide the certification required below will not i , necessanly result in denial of participation in this covered transaction. The � prospective participant shall submit an explanation of why it cannot provide the j � certification set out below. The certification or explanation will be considered in � connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish i � a certification or an explanation shall disqualify such person from participation in i this transaction. I 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 i I 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. i 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, 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. , I 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 'i 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 ' �I method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List ', I', 9. Nothing contained in the foregoing shall be construed to require establishment of I� , 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 ��i 1. The prospective primary participant certifies to the best of its knowledge and �, belief, that it and its prin�ipals: I 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 �I receiving stolen property; i li c. Are not presently indicted for or otherwise criminally or civilly charged by a i governmental entity (Federal, State or local) with commission of any of the ', offenses enumerated in paragraph (1)(b) of this certification; and I I ------------- -- --- d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. � I i i I I ' � i I I ' � i i _ Attachment "D" Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. � 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a , participant in a covered transaction knowingly enters into a lower tier covered � transaction with a person who is suspended, debarred, ineligible, or voluntarily i 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 i � 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. , ; i � � � � � F:\W PDOCS\RICH\W ORDIR,4MSEY.CON � � �