HomeMy WebLinkAboutRES.2699.06-18-2012 BILL N0. 12-78 RESOLUTION N0. ���'E���
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACT WITH HORNER & SHIFRIN,
INC. , FOR THE BROADWAY STORMWATER RELIEF
SEWER SYSTEM PROJECT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE l . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to enter into
contract with Horner & Shifrin, Inc. , for the Stormwater Relief
Sewer System Project, in the City of Cape Girardeau, Missouri .
A copy of said Contract is attached to this Resolution and made
a part hereof.
PASSED AND ADOPTED THIS � DAY OF ` �YZ�_ , 2012 .
Ha y E. ediger, Mayor
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ay L. Conrad, City Clerk �► >�c , '�' �i�; ;�
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*THE UNIp11l �'
Qfi?�t' �;
�'�AL
CON?RACT
For
Broadway Stormwater Relief 3ewer System
CONSULTANT NAME: Horncr�i Shifrie,Ine.
THIS CO1V7'RACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City",
and (Horner & Shifrin, Inc., 5200 Oakland Avenue, St. Louis, MO 63110), hereinafter referred to as
the"Consultant".
INASMUCH as funds have been made available by the City through its Stormwater Sales Tax and/or
Sewer Capital Improvement Tax, the City intends to complete the referenced project 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 mutuaily 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 investi�ations 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 C ity;
6. prepare detailed construction plans, cost estimates, specifications and related docurr�ents
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 wili be
performed by City's forces;
7. secure adequate property title information, detertnine right-of-way requirements,prepare
right-of-way pl�ns, and assist the City in acquiring the right-of-way deeds and neccssary
e�sements needed for the project;
8. ensure compliance with water qu�lity requirements by coordinating with the Missvuri
Department of Natural Resot�rces and the U.S. Army Corps of Engineers and also
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ensure compliance with the requirements of the Federal Emerger�cy Management
Agency(FEMA);
9. ensure compliance with historic preservation requirements through coordination with
the Missouri Department of Natural Resources, and if deemed necessary, amange 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
1 l. after making final corrections resulting from reviews by agencies involved, provide the
City with the appropriate sets of completed plans, specifications, studies and/or cost
estimates for the purpose of obtaining construction authorization from the City.
B. BIDDING PHASE -The Consu(tant will if requested by the City:
1. assist the City in advertising for bids and evaluating bids.
2. Bids Ex�eedin� Cost Estimate: If all bids exceed ConsultanYs 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
additioeai charge to City, shall consult with City and shatl revise and modify the scope,
plans, or specifications as necessary to achieve compliance with the "Consultant's
Estimate".
C. CON3TRUC"TION PHASE—if requested by the City,the Consultant will serve as the City's
representative for a�ministering 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 fi�mishing 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:
l. assist the City with a preconstruction conference to discuss project details with the
Contr�ctor;
2. make periodic site visits to observe the Contractor's progress and qu�lity of work, and
to determine if the work conforms to the contract documents. The Consultant will
accompany City representatives on visits of the project site as requested;
3. check shop drawings and review schedules and drawings submitted by the Contr�ctor;
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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 pro�ress 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
followin�:
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 thc approval of City prior to performing the additional or
changed work or incurring any additioflal cost thereof. Any change in compensation will be covered
in the supplement.
ARTICLE III-RE5PONSIBILITIES 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;
B. provide the Consultant with the City's requirements for the project;
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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 rnatters covered by this agreement;
F. perform appraisals and a�praisal 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 shail be completed in accordance witM 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 re�ns for the request.
ARTICLE V-STANDARD3
The Consultant shall be responsible for working with the City in determining the appropriate design
parameters and coestruction 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 v�rsion of Engineering Policy Guide (EPG) and Missouri Standard Specifications for
Highw�y 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 ConsultanYs Charge Out Rates as determined below:
l. Charge Out rates shall include all direct payroll, general and administrative overhead,
specialized equipment costs, payrotl taxes, holiday and vacation p�y, sick leave pay,
insurance benefits, retirement and incentive pay.
2. additional work incurred by others on a subcontract basis, said costs ar� to be passed through
the Coesultant on the basis of reasonable and actual cost as invoiced by the subcontractors,
only if required and approved by the City.
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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 iternized 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 Riaht to Withhold Payment• In the event City becomes informed that
any representations of Consultant provided in its monthly billing, are wholly or
partially inaccurate, City may withhold payment of sums then or in the future
otherwise due to Consultant until the inaccuracy and the cause thereof, is
corrected to City's reasonable satisfaction. Consultaa�t shall correct or revise
any enors or deficiencies in its designs, drawings or specifications without
additional compensation when due solely to Consultant's negligent acts, errors,
or omissions.
PROPERTY ACCOUNTABILI'fY-If it becomes necessary to acquire any specialized equipment
for the performance of this contract,�ppropriate 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 wanants 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 warr�nty, 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 reasonabk 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 Consultartt 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 titie, archaeological studies and environmental studies, if required and
approved by the C ity.
ARTICLE IX-PROFESSIONAL ENDORSEMENT
All plans, specifications and other documents sMatl be endorsed by the Consultant aad shall reflect
the name and seal of the Prof�ssional Engineer endorsing the work. By signing ar►d sealin� the
PS&E submittals the Engineer of Record will be representing to the City that the design is meeting
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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 attd 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 wili 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 Conswltant shall maintain ali 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 followin� 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.
ART'ICLE 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 availabte 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 contrdct is terminated
because the project is abandoned or postponed by the City, the Consultant will be paid for actual time
and covered expenses incuned 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
rernedy the cause for termination. The Consuttant 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
Consuttant then existing or which may later accrue. Similariy, any retention or payment of monies
due the Consultant shall not release the Consultant from li�bility.
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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 A5SIGNS
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�nd assigns.
ARTICLE XV-COMPLIANCE WITH LAWS
The Consultant shall comp(y 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 Authoriaation Program. 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 enroliment and
participation in a federal work authorization program (as defined therein) and shali provide
verification through an affidavit (attached as Attscbment D) that the Consultant (1) does not
knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is
enroll�d in a federal work authorization program and provide documentary proof thereof. The
affidavit shall contain the notarized signature of the registered agent, legal representative or corporate
officer of the Consultant including but not limited to tt�e human resources director or their equivalent.
Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of
application for any contract provided by a local government provide "affirmative proof that the
applicant is a citizen or a permanent resident of the United States or is lawfully present in the United
States." Consultant's affirmative proof must be established through (i) a Missouri driver's license,
(ii) any "documentary evidence recognized by th� department of revenue when processing an
application for a driver's license," or (iii) "any document issued by the federal govemment that
confirms an alien's lawful presence in the United States." §208.009.3
ARTICLE XVI•RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts
or the ne�ligent acts of his empioyees, a�ents or subcontractors. The City shall be entitled to recover
its actual attorneys'fees from Consultant for the City's enforcement of this Agreement.
ARTICLE XVII—INSURANCE
The Consultant shall maintain comrnercial general liability, automobile liability, and worker's
compensation and employer's liability insurance in full force and effect to protect the Consultant
from claims under Worker's Compensation Acts, claims for dama�es for personal injury or death,
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and for damages to property arising from the negligent acts, errors, or omissions of the Consultant
and its employees, agents and Subconsultants in the performance of the services covered by this
Agreement, including, without limitation, risks insured against in commercial general liability
policies.
The Consultant shall also maintain professiona( liability insurance to protect the Consultant against
the negligent acts, errors, or omissions,of the Consultant and those for whom it is legally responsible,
arising out of the performance of professional services under this Agreement.
Unless another amount is a�reed to by the City Engineer based on the circumstances, the Consultant
and his Subconsultarrts shall procure and maintain during the tife of this Agreement insurance of the
types and minimucn amounts as follows:
lnsunnce Tvee �
Worker's Compensation: In full compliance with statutory requirements
of Federal and State of Missourf
Comprehensive General Liability: 5393,000 each person
�2,620,000 each occurrence
Comprehensive Automobile Liability: $393,000 each person
52,620,000 each occurrence
Employer Liability: $393,000 each person
$2,6Z0,000 each occurrence
City's Protective Bodily Injury Including Death: $393,000 each person
$Z,620,000 each occurrence
City's Protective Property Damage: $393,000 each person
$2,6Z0,000 each occurrence
The City's Protective policy shall name the City as the Insured. Certificates evidencing such
insurance sMall be furnished the City prior to Consultant commencing the work on this project. The
certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City
Engineer reserves the right to adjust the limit coverage requirements proportionately with changes in
the statutory sovereign immunity limits over the life of this contract to reflect any changes in the
limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo.
§337.610.
The Consultant shall, upon request at any time, provide the City with certificates of insurance
evidencing the Consult�nt's commercial general or professional liability policies and evidencing that
they and all oth�r reqwired insurance is in effect, as to the services under this Contract.
Any insurance policy required as specified in this Article shall be written by a cornpany that is
incorporated iR th� United States of America or is based in the United States of Am�rica. Each
-$' Reviscd 3-28-I I
insurance policy must by issued by a company authorized to issue such insurance in the State of
Missouri.
ARTICLE XVIII—FINDINGS CONFIDENTIAL
To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembied by
the Consultant under this contract are confidential, and the Consultant agrees they shall not be rr�ade
available to any individual or organization without the prior written approval of the City.
ARTICLE XIX-NONDISCRINIINATION
The Consultant, with regard to the work performed by it after award and prior to completion of the
contract work, will not discrirriinate on the ground of race, color or national origin in the selection
and retention of subcontractors. The Consultant witl comply with Title VI of the Civil Rights Act of
1964, as amended. More specifically, the Conswltant will comply with the regulations of the
Department of Transportation relative to noridiscrimination 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 contr�ct and the regulations
relative to non-discrimination on the ground of color, race or national origin.
ARTICLE XIX—PERIOD OF SERVICE
This contract shail remain in effect until the project is completed.
ARTICLE XX-ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contr�t:
Attachment A—Charge out rates for 2012
Attachment B—Certification Regarding Debarment, Suspension,and Other
Responsibility Matters-Primary Covered Transactions
Attachment C—Affidavit of Participation in Federal Work Authorization Program
Executed by the Consultant this/> day of �/�/� , 20�Z
sr
Executed by the City this�day of�cr.h.c_ ,20/L
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FOR: CITY OF CAPE GIRARDEAU
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BY: 0�"'"���',,� � �'�.�
City Manag tt Meyer p 'y'G,
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ATTEST: :E�"., ;� '"�� •"
ity Clerk �,� � ";=;I� v�
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FOR: H RNER& SHIFRIN,INC. ,�-
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ATTACHMENT A
Horner & Shifrin, Inc.
Hourly Billing Rates by Employee Categories
Rates Effective February 1, 2012
Technician IV $44.00
Technician III $66.00
Technician II $76.50
Technician I $98.00
Professional VII $65.50
Professional VI $80.00
Professional V $89.00
Professional IV $107.00
Professional III $138.00
Professional II $180.00
Professional I $190.00
Word Processor II $48.00
Clerical II $66.00
Horner & Shifrin, Inc.
Engineers
Missouri Office
5200 Oakland Avenue
St. Louis, Missouri 63110
314-531-4321
Illinois Office
640 Pierce Blvd., Suite 200
O'Fallon, Illinois 62269
618-622-3040
120201D
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 fumish 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
piaced 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 shali 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 trans�tion 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
inclvde the clause titled "Certification Regardin� Debarment, Suspension, Ineli�ibility and
Voluntary Exclusion--Lower Tier Covered Trar�saction" provided by the department or
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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 Dcbarment, Suspension, and Other Responsibility Matters -Primary
Covered Tran'actions
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 presentty indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (1)(b)of this certification;and
d. Have not within a three-year period preceding this application/proposal had one or
more public transactions(Federal, State or local)terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
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ATTACHMENT C
AFFIDAVIT OF PARTICIPATION IN
FEDERAL WORK AUTHORIZATION PROGRAM
LINDA R. VICE
Comes now HOPKINS as PRESIDENT first being duly sworn,on my oath,
(name) (o/flce held)
a�� HORNER � SHIFRIN, INC E"Consuit�nt")is enrolled and will conrinue to participate in a
(company name)
federal work authorization program in respect to employees that will work in connection with the
contracted se�vices related to ROADWAY/BRIDGE PROJECTS and any incidental items
(describe projectj
associated with this work for the duration of the 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 PROG1tAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE.AS PROVIDED 1N THE
GENERAL CONDITIONS�
/n AfJfrmatfon thenof, the facts stated above are true and correct (The unders�gned
understands thQt false statamsnts made in this jlling are subject to the pena/ties prov�ded under
Section 575.040,RSMo).
��'-�� LINDA R. HOPKINS
Signature(person with authority) Printed Name
VICE PRESIDENT 6/13/2011
Title Date
State of Missouri )
City ) ss.
�of St. Louis �
Subscribed and sworn to before me this 13tt�ay of June 1Z,
/�____._ ��_
My commission expires: 6/2/2013 Notary Public
VANESSA DAVIS
Notary Public, Notary Seal
State of Missourl _ �4- Revised3.2a-it
St. Louis County
Commisslon # 09722667
My Commissfon Expires June 02, 2013