HomeMy WebLinkAboutRES.2602.04-04-2011 CONTRACT
For
Transportation Trust Fund 4 (TTF4) Projects
CONSULTANT NAME: CDG Engineers Architects Planners Inc.
THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City",
and (name and address of consulting firm), hereinafter referred to as the "Consultant".
INASMUCH as funds have been made available by the City through its Transportation Trust Fund 4,
the City intends to complete the attached projects and requires professional engineering services. The
Consultant, upon the City's request through written Task Orders, will provide the City with any and
all professional services hereinafter detailed for the planning, design and/or construction inspection of
the desired improvements and the City will pay the Consultant as provided in this contract and
subsequent Task Orders. It is mutually agreed as follows:
ARTICLE I - SCOPE OF SERVICES
A. DESIGN PHASE - The Consultant will if requested by the City:
1. determine the needs of the City for the project;
2. conduct topographic, property and utility surveys sufficient to develop plans for the
project;
3. arrange for subsurface investigations if needed;
4. conduct hydraulic studies, prepare alternative designs and cost estimates, develop
preliminary plans, and recommend to the City the best overall general design based on
these studies;
5. submit appropriate copies of preliminary plans, estimates and/or studies for review by
the City;
6. prepare detailed construction plans, cost estimates, specifications and related documents
as necessary for the purpose of soliciting bids for constructing the project. Provision
will be made in the contract documents for that portion of the work that will be
performed by City's forces;
7. secure adequate property title information, determine right-of-way requirements, prepare
right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary
easements needed for the project;
— ] — Revised 3-28-11
8. ensure compliance with water quality requirements by coordinating with the Missouri
Department of Natural Resources and the U.S. Army Corps of Engineers and also
ensure compliance with the requirements of the Federal Emergency Management
Agency (FEMA);
9. ensure compliance with historic preservation requirements through coordination with
the Missouri Department of Natural Resources, and if deemed necessary, arrange to
have the site examined by a qualified archaeologist on a subcontract basis;
10. ensure compliance with all regulations in regards to noise abatement and air quality, if
necessary; and
11. after making fmal corrections resulting from reviews by agencies involved, provide the
City with the appropriate sets of completed plans, specifications, studies and/or cost
estimates for the purpose of obtaining construction authorization from the City.
B. BIDDING PHASE - The Consultant will if requested by the City:
1. assist the City in advertising for bids and evaluating bids.
2. Bids Exceedin� Cost Estimate: If all bids exceed Consultant's Estimate, due to gross
errors in plan quantities or gross misjudgment of costs, the Consultant shall, at the
request of City and for no additional cost, prepare a report for City identifying why all
the bids exceed the estimate. The City has four (4) options if all bids exceed
Consultant's Estimate. The City may: (1) give written approval of an increase in the
Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this
Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all
as necessary to reduce the construction cost. In the case of (4), Consultant, without
additional charge to City, shall consult with City and shall revise and modify the scope,
plans, or specifications as necessary to achieve compliance with the "Consultant's
Estimate".
C. CONSTRUCTION PHASE— if requested by the City, the Consultant will serve as the�City's
representative for administering the terms of the construction contract between City and their
Contractor. Consultant will endeavor to protect the City against defects and deficiencies in
workmanship and materials in work by the Contractor. However, the furnishing of such
project representation will not make Consultant responsible for the construction methods and
procedures used by the Contractor or for the Contractor's failure to perform work in
accordance with the contract documents. Consultant's services will include more specifically
as follows if needed:
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. The Consultant will
accompany City representatives on visits of the project site as reyuested;
- Z - Revised 3-28-11
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, postings, equal employment opportunity and other related items
called for in the contract documents;
7. inspect materials, review material certifications furnished by Contractor, sample
concrete and other materials as required, and arrange for laboratory testing of samples
by others on a subcontract basis. Independent assurance samples and tests will be
performed by City personnel and such sampling and testing is excluded from the work
to be performed by the Consultant under this contract;
8. maintain progress diary and other project records, measure and document quantities,
and review monthly estimates for payments due the Contractor;
9. be present during critical construction operations, including but not limited to the
following:
a. structure layout;
b. excavation and backfilling;
c. driving of piles;
d. checking of reinforcing steel prior to concrete placement;
e. concrete batching and pouring;
f. placement of girders; and
g. placement of surfacing materials; and
10. participate in final inspection, provide the City with project documentation (diaries,
test results, certifications, etc.), and provide as-built plans for the City's records.
ARTICLE II-ADDITIONAL SERVICES
The City reserves the right to request additional work; changed or unforeseen conditions may require
changes and work beyond the scope of this contract. In this event, a supplement to this agreement
shall be executed and submitted for the approval of City prior to performing the additional or
changed work or incurring any additional cost thereof. Any change in compensation will be covered
in the supplement.
ARTICLE III - RESPONSIBILITIES OF CITY
The City will cooperate fully with the Consultant in the development of the project, including the
following:
A. make available all information pertaining to the project which may be in the possession of the
City;
— 3 — Revised 3-28-t t
B. provide the Consultant with the City's requirements for the project;
C. make provisions for the Consultant to enter upon property at the project site for the
performance of his duties;
D. examine all studies and layouts developed by the Consultant and render decisions thereon in a
prompt manner so as not to delay the Consultant;
E. designate a City's employee to act as City's representative under this contract, such person
shall have authority to transmit instructions, interpret the City's policies and render decisions
with respect to matters covered by this agreement;
F. perform appraisals and appraisal review, negotiate with property owners and otherwise
provide all services in connection with acquiring all right-of-way and easements needed to
construct this project.
ARTICLE IV- PERIOD OF SERVICE
The Consultant will commence work within two weeks after receiving signed Task Order and notice
to proceed from the City. The phases of work shall be completed in accordance with the associated
Task Order.
The times are exclusive of review time by other agencies and exclusive of time needed to acquire
right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the
Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating
fully the reasons for the request.
ARTICLE V - STANDARDS
The Consultant shall be responsible for working with the City in determining the appropriate design
parameters and construction specifications for the project using good Engineering judgment based on
the specific site conditions, City needs, and guidance provided in the most current version of City of
Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right-of-Way,
then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for
Highway Construction shall be followed.
ARTICLE VI - COMPENSATION
For services provided under this contract, the City will compensate the Consultant as determined in
the Task Order based on Consultant's Charge Out Rates as determined below:
1. Charge Out rates shall include all direct payroll, general and administrative overhead,
specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay,
insurance benefits, retirement and incentive pay.
2. additional work incurred by others on a subcontract basis, said costs are to be passed through
the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors,
only if required and approved by the City.
- 4 - Revised 3-28-11
METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be
made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the
City.
1. Invoices will be submitted monthly. Invoices submitted on or before the 20th
day of any month shall become due and payable on the lOth day of the
following month. Invoices for each Task Order shall be submitted separately.
2. Citv's Right to Withhold Pa,� In the event City becomes informed that
any representations of Consultant provided in its inonthly billing, are wholly or
partially inaccurate, City may withhold payment of sums then or in the future
otherwise due to Consultant until the inaccuracy and the cause thereof, is
corrected to City's reasonable satisfaction. Consultant shall correct or revise
any errors or deficiencies in its designs, drawings or specifications without
additional compensation when due solely to Consultant's negligent acts, errors,
or omissions.
PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized equipment
for the performance of this contract, appropriate credit will be given for any residual value of
said equipment after completion of usage of the equipment.
ARTICLE VII - COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that he has not employed or retained any company or person, other than a
bona fide employee working for the Consultant, to solicit or secure this agreement, and that 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 shall
have the right to annul this agreement without liability, or in its discretion to deduct from the contract
price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee, plus reasonable attorney's fees.
ARTICLE VIII - SUBLETTING,ASSIGNMENT OR TRANSFER
No portion of the work covered by this contract, the contract itself, or any Task Order, except as
provided herein, shall be assigned, sublet or transferred without the written consent of the City. The
subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and
performance of the work. The Consultant may engage subcontractors for the purposes of: foundation
borings and tests, abstracts of title, archaeological studies and environmental studies, if required and
approved by the City.
ARTICLE IX- PROFESSIONAL ENDORSEMENT
All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect
the name and seal of the Professional Engineer endorsing the work. By signing and sealing the
PS&E submittals the Engineer of Record will be representing to the City that the design is meeting
- 5 - Revised 3-28-11
the intent of the program. Any review or approval by City of any documents prepared by the
Consultant and/or its consultants including but not limited to the plans and specifications, shall be
solely for the purpose of determining whether such documents are consistent with City's construction
program and intent and shall not be construed as approval of same by City. No review of such
documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability
and coordination of its work product.
Consultant shall assign only qualified personnel to perform any service concerning the Project. At
the time of execution of the Task Order, the parties will agree on the Project Manager for the Task.
This person shall be the primary contact with the City's Project Manager and shall have authority to
bind Consultant.
ARTICLE X - RETENTION OF RECORDS
The Consultant shall maintain all records, survey notes, design documents, cost and accounting
records, construction records and other records pertaining to this contract and to the project covered
by this contract, for a period of not less than three years following final payment by City. Said
records shall be made available for inspection by authorized representatives of the City during regular
working hours at the Consultant's place of business.
ARTICLE XI - OWNERSHIP OF DOCUMENTS
Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become
the property of the City upon tennination or completion of work. Basic survey notes, design
computations and other data prepared under this contract shall be made available to the City upon
request. All such information produced under this contract shall be available for use by the City
without restriction or limitation on its use. If the City incorporates any portion of the work into a
project other than that for which it was performed, the City shall save the Consultant harmless from
any claims and liabilities resulting from such use.
ARTICLE XII - TERMINATION
The City may terminate the contract at any time by giving written notice. If the contract is terminated
because the project is abandoned or postponed by the City, the Consultant will be paid for actual time
and covered expenses incurred up to the date of termination, plus a pro-rated portion of any fixed fee.
If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of
the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure
completion of the work in such manner as it deems to be in the best interest of the City. A Notice of
Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to
remedy the cause for termination. The Consultant will be responsible for any excess cost in addition
to that provided for in this contract or any damages the City may sustain by reason of the termination
of this contract due to unsatisfactory performances or prosecution. When Consultant services have
been so terminated, such termination shall not affect any rights or remedies of the City against
Consultant then existing or which may later accrue. Similarly, any retention or payment of monies
due the Consultant shall not release the Consultant from liability.
- ()- Revised 3-28-11
ARTICLE XIII - DECISIONS UNDER THIS CONTRACT
The City will determine the acceptability of work performed under this contract, and will decide all
questions which may arise concerning the project. The City's decision shall be final and conclusive.
ARTICLE XIV - SUCCESSORS AND ASSIGNS
Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree
that this contract and all contracts entered into under the provisions of this contract shall be binding
upon the parties hereto and their successors and assigns.
ARTICLE XV- COMPLIANCE WITH LAWS
The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations
applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination
clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of
obligations under this contract. Consultant shall further comply with the following state law requirements:
Work Autliorizatio» Progr-am. If the Contract is for services expected to cost more than $5,000.00, the
Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a
federal work autharization program (as defined therein) and shall provide verification through an affidavit
(attached as Attachment D) that the Consultant (1) does not knowingly employ any person who is an
unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program
and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered
agent, legal representative or corporate officer of the Consultant including but not litnited to the human
resources director or their equivalent.
Proof of Lawfiil Pr-esence. Section 208.009 RSMo., requires that all applicants at the time of application for
a»y contract provided by a local government provide "affirn�ative proof that the applicant is a citizen or a
per�nanent resident of the United States or is lawfully prese��t in the United States." Consultant's affirmative
proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized
by the department of revenue when processing an application for a driver's license," or (iii) "any document
issued by the federal government that confirms an alien's lawful presence in tl�e United States." §208.009.3
ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts
or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover its
actual attorneys' fees from Consultant for the City's enforcement of this Agreemei�t.
ARTICLE XVII—INSURANCE
The Consultant shall maintain commercial general liability, automobile liability, and warker's
compensation and employer's liability insurance in full force and effect to protect the Consultant
from claims under Worker's Compensation Acts, claims for damages for personal injury or death,
and for damages to property arising from the negligent acts, errors, or omissions of the Consultant
and its employees, agents and Subconsultants in the performance of the services covered by this
Agreement, including, without limitation, risks insured against in commercial general liability
policies.
- 7 - Revised 3-28-11
The Consultant shall also maintain professional liability insurance to protect the Consultant against
the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible,
arising out of the perforinance of professional services under this Agreement.
Unless another amount is agreed to by the City Engineer based on the circumstances, the Consultant and his
Subconsultants shall procure and maintain during the life of this Agreement insurance of the types and
minimum amounts as follows:
Insurance Tvne Amount
Workec's Compensation: In full compliance with statutory requirements of
Federal and State of Missouri
Comprehensive General Liability: $350,000 each person
$2,500,000 each occurrence
Comprehensive Automobile Liability: $350,000 each person
$2,500,000 each occurrence
Employer Liability: $350,000 each person
$2,500,000 each occurrence
City's Protective Bodily Injury Including Deatl�: $350,000 each person
$2,500,000 each occurrence
City's Protective Property Damage: $350,000 each person
$2,500,000 each occurrence
The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall
be furnished the City prior to Consultant commencing the work on this project. The certificates must state,
"The CITY OF CAPE GIRARDEAU is an additional insured". The City Engineer reserves the right to adjust
the limit coverage requirements proportionately with changes in the statutory sovereign immunity limits over
the life of this contract to reflect any changes in the limits as published by the Missouri Department of
Insurance in the state register pursuant to RSMo. §537.610.
The Consultant shall, upon request at any time, provide the City with certificates of insurance
evidencing the Consultant's commercial general or professional liability policies and evidencing that
they and all other required insurance is in effect, as to the services under this Contract.
Any insurance policy required as specified in this Article shall be written by a company that is
incorporated in the United States of America or is based in the United States of America. Each
insurance policy must by issued by a company authorized to issue such insurance in the State of
Missouri.
- $ - Revised 3-28-I 1
ARTICLE XVIII —FINDINGS CONFIDENTIAL
To the fullest extent pennitted by law, all reports, information, data, etc. prepared or assembled by
the Consultant under this contract are confidential, and the Consultant agrees they shall not be made
available to any individual or organization without the prior written approval of the City.
ARTICLE XIX - NONDISCRIMINATION
The Consultant, with regard to the work performed by it after award and prior to completion of the
contract work, will not discriminate on the ground of race, color or national origin in the selection
and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of
1964, as amended. More specifically, the Consultant will comply with the regulations of the
Department of Transportation relative to 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 Consultant for work to be performed under a
subcontract, including procurements of materials or equipment, each potential subcontractor or
supplier shall be notified by the Consultant's obligations under this contract and the regulations
relative to non-discrimination on the ground of color, race or national origin.
ARTICLE XIX—PERIOD OF SERVICE
This contract shall remain in effect until all TTF4 Projects are completed.
ARTICLE XX - ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract:
Attachment A—Charge out rates for 2011, 2012, 2013, 2014, 2015, and 2016
Attachment B - Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions.
Attachment C - Affidavit of Participation in Federal Work Autharization Program
- 9 - Revised 3-28-1 I
Executed by the Consultant this 30th day of March, 2011.
" lExecuted by the City thisV day of , 20 �
FOR: CITY OF CAPE GIRARD
���p�t��A�
BY: � �r
City Manager, Scott eyer VQ' -�' �, � U'
_. �� p
�����t.- � Q
ATTEST: o � -�-�`�'�'r�� •�i
�_-,��, � �
C t Clerk y�� .�:��.�,�t��
1� zYi� �,��
�. 9�� r��,?
r.�}�`
FOR: CDG ENGINEERS A HITECTS PLANNERS, INC.
BY: �• � �
President, Richard D. Lod yck
, �
ATTEST: K �
Director of Project Developme , Michael A. Augustine
- 1�- Revised 3-28-11
CDG Engineers Architects Pianners, Inc.
Qttachment A-Charge Out Rates April 1, 2011 -March 31, 2012
Billabie
Hourly Rate
2011
Principal
PA. Augustine 139.75
M. Birchler 139.75
G. Brunkhorst 139.75
J. Ellington 139.75
J. Fillion 139.75
R. Lodewyck 178.85
J. Newcomer 139.75
G. Smith 139.75
M. Stark 139.75
Proiect Manaqer
L, Brennan 150.37
N. Doshi 167.06
L, Gallagher 134.07
J. Mueller 119.60
M. Rieske 133.01
A. Terry 108.44
Proiect Enqineer 1 Architect
D. Bemath 136.86
B. Eikmann 132.74
R. Marcinkiewicz 132.89
Sr. Enqineer/Sr.Architect
A. Baudendistel 171.48
J. Benbakir 122.88
D. Chervek 114.49
L. Hardin 110.97
S, Kohrs 105.17
N. Nafe 150.37
J. Vetter 105.17
D. Wiebke 12fi.91
Enqineer!Architect
T. Almeling 96.87
N. Barger 94.91
M. DuClos 86.43
T. Entwistle 91.45
J. Kinealy 103.96
D. McCuddy 84.45
T. Nugent 103.69
K. Polovina 84.45
M. Rahman 81.77
Jr. Enaineerl�esigner
S. Bailey 68.33
M. Caruso 77.17
C. Closser 71.51
D. Doerr 78.85
B. Genz 72.12
P. McEvoy 72.30
J. Parks 75.94
D. Rieck 80.30
M. Voss 72.12
Sr. Desiqner
A. Gao 72.87
F. Nanewinkel 92.36
G. Wellington 113.17
P. Wright 63.03
Qesiqner
W. Ems 71.54
T. Morrell 83.96
A. Worfier 68.15
Sr. Technician
H. Bowman 63.64
R. Jones 62•64
P. Wright 63.03
Technician
C. Bingham 56.21
Administrative
L. Adams 54.76
S. Evans 43.37
J. Lallinger 64.36
K. Lindquist 75.51
Years subsequent to 2011,we will generally utilize the CPI index
i�crease for each year. Individual employees may also receive
a promotion separately.
ATTACHMENT B
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result
in denial of participation in this covered transaction. The prospective participant shall submit
an explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective primary participant
to furnish a certification or an explanation shall disqualify such person fiom 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 Governinent, 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
- IZ - Revised 3-28-1 I
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/ep ls/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) ofthis certification; and
d. Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
— 13 — Revised 3-28-11
ATTACHMENT C
AFFIDAVIT OF PARTICIPATION IN
FEDERAL WORKAUTHORIZATION PROGRAM
Comes now Ricliard Lodewvck as President first being duly sworn,on my oath,
(na mc) (oFFicc held)
affirm CDG Engineers Architects Planners. Inc. ("Consultant") is enrolled and will continue to
(company name)
participate in a federal work authorization program in respect to employees that will work in
connection with the
contracted services related to Transnortation Trust Fund 4 (TTF4 Projects and any incidental items
(describe proJect)
associated with this work for the duration of Che contract, if awarded,in accordance with Section
285.530.2, Revised Statutes of Missouri. 1 also affirm that the Consultant does not and will not
knowingly employ a person who is an unauthorized alien in connection with the contracted services for
the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's
participation in a federal work authorization program.
(ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIAPTES IN FEDERAL WORK
AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE,AS PROVIDED IN THE
GENERAL CONDITIONS)
In Affirmation thereof, the facts stated above are true and correct (The undersigned
understands that jalse statements made in this filing are subject to the penalties provided under
Section 575.040 Mo).
/�• �• � Richard D. Lodewvck
Signature(person with aut ority) Printed Name
President March 30. 2011
Title Date
State of Missouri )
ss.
County of�t5. )
��u�iuuu�i
Subscribed and sworn to before me this�day of 2011. \\�.�`SP�LY EV,q`''%,�
.� '� %
`�. .•�ary P' s .�
� :'?° 46��• �;
_ o�•: .
=Corpmj8aion 750935-
My commission expires:Q�p�� a p ; :, ' 8 ounty �
�n'••ti ;
� ' .
�c+���y�'F°ta'�,gg'�.•J�����•�
°����i���F MISSO`\��.ryo�.
oi;ss�iii�innntN���o,
- 14 - Revised 3-28-1���xptres��'