HomeMy WebLinkAboutKrazan & Assoc Inc AG-C-206
Local Agency ConsultantlAddresslT elephonE!
Krazan & Associates, Inc.
Standard Consultant 1501 15th Street NW Ste 106
Agreement Auburn WA 98002
Agreement Number Phone # 253.939.2500
AG-C-206
Federal Aid Number Project Title And Work Description
Annual on-call special inspection and testing
Agreement Type (Choose one) services.
D Lump Sum
Lump Sum Amount $
DBE Participation
0 Cost Plus Fixed Fee DYes [8J No %
Overhead Progress Payment Rate %
Overhead Cost Method WBE Participation
D Actual Cost DYes [8J No %
D Actual Cost Not To Exceed % Federal Aid Number or Social Security Number
D Fixed Rate % Do you require a 1099 for IRS? Completion Date
Fixed Fee $ DYes [8J No 12/31/04
[8J Specific Rates Of Pay Total Amount Authorized $ 24.000.00
[8J Negotiated Hourly Rate Management Reserve Fund $ 0.00
D Provisional Hourly Rate Maximum Amount Payable $ 24.000.00
D Cost Per Unit of Work
THIS AGREEMENT, made and entered into this J ~ \L\r-- day of ~(t~~..u~ between the
Local Agency of City of Auburn, Washington, hereinafter called the "PI. ENCY", and e above organization
hereinafter called the "CONSULTANT".
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above-referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems
it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for
the PROJECT; and
WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes
relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services
to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or
attached and incorporated and made a part hereof, the parties hereto agree as follows:
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I
GENERAL DESCRIPTION OF WORK All reports, PS&E materials, and other data
The work under this AGREEMENT shall consist furnished to the CONSULTANT by the
AGENCY shall be returned. All designs,
of the above-described work and services as drawings, specifications, documents, and other
herein defined and necessary to accomplish work products prepared by the CONSULTANT
the completed work for this PROJECT. The prior to completion or termination of this
CONSULTANT shall furnish all services, labor AGREEMENT are instruments of service for
and related equipment necessary to conduct this PROJECT and are property of the
and complete the work as designated AGENCY. Reuse by the AGENCY or by others
elsewhere in this AGREEMENT. acting through or on behalf of the AGENCY of
II any such instruments of service, not occurring
SCOPE OF WORK as a part of this PROJECT, shall be without
liability or legal exposure to the CONSULTANT.
The Scope of Work and project level of effort
for this project is detailed in Exhibit "B" attached IV
hereto, and by this reference made a part of TIME FOR BEGINNING AND COMPLETION
this AGREEMENT.
The CONSULTANT shall not begin any work
III under the terms of this AGREEMENT until
GENERAL REQUIREMENTS authorized in writing by the AGENCY. All work
under this AGREEMENT shall be completed by
All aspects of coordination of the work of this the date shown in the heading of this
AGREEMENT, with outside agencies, groups AGREEMENT under completion date.
or individuals shall receive advance approval by The established completion time shall not be
the AGENCY. Necessary contacts and
meetings with agencies, groups or individuals extended because of any delays attributable to
shall be coordinated through the AGENCY. the CONSULTANT, but may be extended by
the AGENCY, in the event of a delay
The CONSULTANT shall attend coordination attributable to the AGENCY, or because of
, unavoidable delays caused by an act of GOD
progress and presentation meetings with the
AGENCY or such Federal, Community, State, or governmental actions or other conditions
City or County officials, groups or individuals as beyond the control of the CONSULTANT. A
may be requested by the AGENCY. The prior supplemental agreement issued by the
AGENCY will provide the CONSULTANT AGENCY is required to extend the established
sufficient notice prior to meetings requiring completion time.
CONSULTANT participation. The minimum
number of hours or days notice--required shall V
be agreed to between the AGENCY and the PAYMENT
CONSULTANT and shown in Exhibit "B" The CONSULTANT shall be paid by the
attached hereto and made part of this
AGREEMENT. The CONSULTANT shall AGENCY for completed work and services
prepare a monthly progress report, in a form rendered under this AGREEMENT as provided
approved by the AGENCY, that will outline in in Exhibit "C" attached hereto, and by this
written and graphical form the various phases reference made part of this AGREEMENT.
and the order of performance of the work in Such payment shall be full compensation for
sufficient detail so that the progress of the work work performed or services rendered and for all
can easily be evaluated. Goals for labor, materials, supplies, equipment, and
Disadvantaged Business Enterprises (DBE) incidentals necessary to complete the work
and Women Owned Business Enterprises specified in Section II, "Scope of Work." The
(WBE) if required shall be shown in the heading CONSULTANT shall conform with all applicable
of this AGREEMENT. portions of 48 CFR 31.
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VI Any and all employees of the CONSULTANT or
SUBCONTRACTING other persons while engaged in the
The AGENCY permits subcontracts for those performance of any work or services required
of the CONSULTANT under this
items of work as shown in Exhibit "G" to this AGREEMENT, shall be considered employees
Agreement. of the CONSULTANT only and not of the
Compensation for this subconsultant work shall AGENCY, and any and all claims that mayor
be based on the cost factors shown on Exhibit might arise under any Workmen's
"G", attached hereto and by this reference Compensation Act on behalf of said employees
made a part of this AGREEMENT. or other persons while so engaged, and any
The work of the subconsultant shall not exceed and all claims made by a third party as a
consequence of any act or omission on the part
its maximum amount payable unless a prior of the CONSULTANT's employees or other
written approval has been issued by the persons while so engaged on any of the work
AGENCY. or services provided to be rendered herein,
All reimbursable direct labor, overhead, direct shall be the sole obligation ,and responsibility of
non-salary costs and fixed fee costs for the the CONSULTANT.
subconsultant shall be substantiated in the The CONSULTANT shall not engage, on a full
same manner as outlined in Section V. All or part time basis, or other basis, during the
subcontracts exceeding $10,000 in cost shall period of the contract, any professional or
contain all applicable provisions of this technical personnel who are, or have been, at
AGREEMENT. any time during the period elf the contract, in
The CONSULTANT shall not subcontract for the employ of the United States Department of
the performance of any work under this Transportation, the STATE, or the AGENCY,
AGREEMENT without prior written permission except regularly retired employees, without
of the AGENCY. No permission for written consent of the public employer of such
subcontracting shall create, between the person.
AGENCY and subcontractor, any contractor or VIII
any other relationship. NONDISCRIMINATION
VII The CONSULTANT agrees not to discriminate
EMPLOYMENT against any client, employee or applicant for
The CONSULTANT warrants that he/she has employment or for services because of race,
not employed or retained any company or creed, color, national origin, marital status, sex,
person, other than a bona fide employee age or handicap except for a bona fide
working solely for the CONSULTANT, to solicit occupational qualification with regard to, but not
or secure this contract, and that it has not paid limited to the following: employment upgrading,
or agreed to pay any company or person, other demotion or transfer, recruitment or any
than a bona fide employee working solely for recruitment advertising, a layoff or terminations,
the CONSULTANT, any fee, commission, rates of payor other forms of compensation,
percentage, brokerage fee, gift, or any other selection for training, rendition of services. The
consideration, contingent upon or resulting from CONSULTANT understands and agrees that if
the award or making of this contract. For it violates this provision, this AGREEMENT
breach or violation of this warrant, the may be terminated by the AGENCY and further
AGENCY shall have the right to annul this that the CONSULTANT shall be barred from
AGREEMENT without liability, or in its performing any services for the AGENCY now
discretion, to deduct from the AGREEMENT or in the future unless a showing is made
price or consideration or otherwise recover the satisfactory to the AGENCY that discriminatory
full amount of such fee, commission, practices have terminated and that recurrence
percentage, brokerage fee, gift, or contingent of such action is unlikely.
fee.
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During the performance of this AGREEMENT, grounds of race, creed, color, sex, age,
the CONSULTANT, for itself, its assignees and marital status, national origin and
successors in interest agrees as follows; handicap.
A. COMPLIANCE WITH REGULATIONS: D. INFORMATION AND REPORTS: The
The CONSULTANT shall comply with CONSULTANT shall provide all
the Regulations relative to non information and reports required by the
discrimination in the same manner as in Regulations, or directives issued
Federal-assisted programs of the pursuant thereto, and shall permit
Department of Transportation, Title 49, access to its books, records, accounts,
Code of Federal Regulations, part 21, as other sources of information, and its
they may be amended from time to time, facilities as may be determined by the
(hereinafter referred to as the AGENCY to be pertinent to ascertain
Regulations), which are herein compliance with such Regulations or
incorporated by reference and made a directives. Where any information
part of this AGREEMENT. The required of the CONSULTANT is in the
consultant shall comply with the exclusive possession of another who
American Disabilities Act of 1992, as fails or refuses to furnish this
amended. information the CONSULTANT shall so
B. NONDISCRIMINATION: The certify to the AGENCY, or the United
CONSULTANT, with regard to the work States Department of Transportation as
performed by it during the appropriate, and shall set forth what
AGREEMENT, shall not discriminate on efforts it has made to obtain the
the grounds of race, creed, color, sex, information.
age, marital status, national origin or E. SANCTIONS FOR NONCOMPLIANCE:
handicap except for a bona fide In the event of the CONSULTANT's
occupational qualification in the noncompliance with the
selection and retention of nondiscrimination provisions of this
subconsultants, including procurements AGREEMENT, the AGENCY shall
of materials and leases of equipment. impose such sanctions as it or the
The CONSULTANT shall not participate Federal Highway Administration may
either directly or indirectly in the determine to be appropriate, including,
discrimination prohibited by Section 21.5 but not limited to:
of the Regulations, including 1. Withholding of payments to the
employment practices when the contract CONSULTANT under the
covers a program set forth in Appendix AGREEMENT until the
II of the Regulations. CONSULTANT complies, and/or
C. SOLICITATIONS FOR 2. Cancellation, termination or
SUBCONSULTANTS, INCLUDING
PROCUREMENTS OF MATERIALS suspension of the AGREEMENT,
AND EQUIPMENT: In all solicitations in whole or in part.
either by competitive bidding or F. INCORPORATION OF PROVISIONS:
negotiation made by the CONSULTANT The CONSULTANT shall include the
for work to be performed under a provisions of paragraphs (A) through (G)
subcontract, including procurements of in every subcontract, including
materials or leases of equipment, each procurements of materials and leases of
potential subconsultant or supplier shall equipment, unless exempt by the
be notified by the CONSULTANT of the Regulations or directives issued
CONSULTANT's obligations under this pursuant thereto. The CONSULTANT
AGREEMENT and the Regulations shall take such action with respect to
relative to nondiscrimination on the any subconsultant or procurement as
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the AGENCY or the Federal Highway performing the work to the date of termination,
Administration may direct as a means of the amount of work originally required which
enforcing such provisions, including was satisfactorily completed to date of
sanctions for noncompliance; provided, termination, whether that work is in a form or a
however, that, in the event a type which is usable to the AGENCY at the
CONSULTANT becomes involved in, or time of termination; the cost to the AGENCY of
is threatened with, litigation with a employing another firm to complete the work
subconsultant or supplier as a result of required and the time which may be required to
such direction, the CONSULTANT may do so, and other factors which affect the value
request the AGENCY to enter into such to the AGENCY of the work. performed at the
litigation to protect the interests of the time of termination. Under no circumstances
AGENCY, and in addition, the shall payment made under this subsection
CONSULTANT may request the United exceed the amount which would have been
States to enter into such litigation to made using the formula set forth in the
protect the interests of the United previous paragraph.
States. If it is determined for any reason that the
G. UNFAIR EMPLOYMENT PRACTICES: CONSULTANT was not in default or that the
The CONSULTANT shall comply with CONSULTANT's failure to perform is without it
RCW 49.60.180 and Executive Order or it's employee's fault or negligence, the
number E.O. 77-13 of the Governor of termination shall be deemed to be a
the State of Washington which prohibits termination for the convenience of the
unfair employment practices. AGENCY in accordance with the provision of
IX this AGREEMENT.
TERMINATION OF AGREEMENT In the event of the death of any member,
The right is reserved by the AGENCY to partner or officer of the CONSULTANT or any
of its supervisory personnel assigned to the
terminate this AGREEMENT at any time upon project, or, dissolution of the partnership,
ten days written notice to the CONSULTANT. termination of the corporation, or disaffiliation of
In the even this AGREEMENT is terminated by the principally involved employee, the surviving
the AGENCY other than for default on the part members of the CONSULTANT hereby agree
of the CONSULTANT, a final payment shall be to complete the work under the terms of the
made to the CONSULTANT as shown in AGREEMENT, if requested to do so by the
Exhibit "F" for the type of AGREEMENT used. AGENCY. The subsection shall not be a bar to
No payment shall be made for any work renegotiation of the AGREEMENT between the
completed after ten days following receipt by surviving members of the CONSULTANT and
the CONSULTANT of the Notice to Terminate. the AGENCY, if the AGENCY so chooses.
If the accumulated payment made to the In the event of the death of any of the parties
CONSULTANT prior to Notice of Termination listed in the previous paragraph, should the
exceeds the total amount that would be due surviving members of the CONSULTANT, with
computed as set forth herein above, then no the AGENCY's concurrence, desire to
final payment shall be due and the terminate this AGREEMENT, payment shall be
CONSULTANT shall immediately reimburse made as set forth in the second paragraph of
the AGENCY for any excess paid. this section.
If the services of the CONSULTANT are Payment for any part of the work by the
terminated by the AGENCY for default on the AGENCY shall not constitute a waiver by the
part of the CONSULTANT, the above formula AGENCY of any remedies of any type it may
for payment shall not apply. In such an event, have against the CONSULTANT for any breach
the amount to be paid shall be determined by of this AGREEMENT by the CONSULTANT, or
the AGENCY with consideration given to the for failure of the CONSULTANT to perform
actual costs incurred by the CONSULTANT in work required of it by the AGENCY.
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Forbearance of any rights under the the State of Washington. The CONSULTANT
AGREEMENT will not constitute waiver of hereby consents to the personal jurisdiction of
entitlement to exercise those rights with respect the Superior court of the State of Washington,
to any future act or omission by the situated in the county in which the AGENCY is
CONSULTANT. located in.
X XIII
CHANGES OF WORK LEGAL RELATIONS AND INSURANCE
The CONSULTANT shall make such changes The CONSULTANT shall comply with all
and revisions in the complete work of this Federal, State, and local laws and ordinances
AGREEMENT as necessary to correct errors applicable to the work to be done under this
appearing therein, when required to do so by AGREEMENT. This AGREEMENT shall be
the AGENCY, without additional compensation interpreted and construed in accord with the
thereof. Should the AGENCY find it desirable laws of Washington.
for its own purposes to have previously The CONSULTANT shall indemnify and hold
satisfactorily completed work or parts thereof the AGENCY and the STATE, and their officers
changed or revised, the CONSULTANT shall and employees harmless from and shall
make such revision as directed by the process and defend at its own expense all
AGENCY. This work shall be considered as claims, demands, or suits allaw or equity
Extra Work and will be paid for as herein arising in whole or in part from the
provided under Section XIV. CONSULTANT's negligence or breach of any
XI of its obligations under this AGREEMENT;
DISPUTES provided that nothing herein shall require a
Any dispute concerning questions of fact in CONSULTANT to indemnify the AGENCY and
the STATE against and hold harmless the
connection with the work not disposed of by AGENCY and the STATE from claims,
AGREEMENT between the CONSULTANT and demands or suits based solely upon the
the AGENCY shall be referred for conduct of the AGENCY and the STATE, their
determination to the Director of Public Works or agents, officers and employees and provided
AGENCY Engineer, whose decision in the further that if the claims or suits are caused by
matter shall be final and binding on the parties or result from the concurrent negligence of (a)
of this AGREEMENT, provided however, that if the CONSULTANT's agents or employees and
an action is brought challenging the Director of (b) the AGENCY and the STATE, their agents,
Public Works or AGENCY Engineer's decision, officers and employees, this indemnity
that decision shall be subject to de novo judicial provision with respect to (1) claims or suits
review. based upon such negligence, (2) the costs to
XII the AGENCY and the STATE of defending
VENUE, APPLICABLE LAW AND such claims and suits, etc. shall be valid and
PERSONAL JURISDICTION enforceable only to the extent of the
In the event that either party deems it CONSULTANT's negligence or the negligence
necessary to institute legal action or proceeding of the CONSULTANT's agents or employees.
to enforce any right or obligation under this The CONSULTANT's relation to the AGENCY
AGREEMENT, the parties hereto agree that shall be at all times as an independent
any such action shall be initiated in the Superior contractor.
court of the State of Washington, situated in The CONSULTANT specifically assumes
the county the AGENCY is located in. The potential liability for actions brought by the
parties hereto agree that all questions shall be CONSULTANT's own employees against the
resolved by application of Washington law and AGENCY and, solely for the purpose of this
that the parties to such action shall have the indemnification and defense, the
right of appeal from such decisions of the CONSULTANT specifically waives any
Superior court in accordance with the laws of
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immunity under the state industrial insurance in the State of Washington. The
law, Title 51 RCW. The CONSULTANT CONSULTANT shall submit a verification of
recognizes that this waiver was specifically insurance as outlined above within 14 days of
entered into pursuant to the provisions of RCW the execution of this AGREEMENT to the
4.24.115 and was the subject of mutual AGENCY.
negotiation. No cancellation of the foregoing policies shall
Unless otherwise specified in the be effective without thirty (30) days prior notice
AGREEMENT, the AGENCY shall be to the AGENCY.
responsible for administration of construction The CONSULTANT's professional liability to
contracts, if any, on the project. Subject to the the AGENCY shall be limited to the amount
processing of an acceptable, supplemental payable under this AGREEMENT or one million
agreement, the CONSULTANT shall provide dollars, whichever is the greater unless
on-call assistance to the AGENCY during modified by Exhibit "H". In no case shall the
contract administration. By providing such CONSULTANT's professional liability to third
assistance, the CONSULTANT shall assume parties be limited in any way.
no responsibility for proper construction
techniques, job site safety, or any construction The AGENCY will pay no progress payments
contractor's failure to perform its work in under Section V until the CONSULTANT has
accordance with the contract documents. fully complied with this section. This remedy is
The CONSULTANT shall obtain and keep in not exclusive; and the AGENCY and the
STATE may take such other action as is
force during the terms of the AGREEMENT, or available to them under other provisions of this
as otherwise required, the following insurance AGREEMENT, or otherwise in law.
with companies or through sources approved
by the State Insurance Commissioner pursuant XIV
to RCW 48. EXTRA WORK
Insurance Coverage A. The AGENCY may at any time, by
A. Worker's compensation and employer's written order, make changes within the
general scope of the AGREEMENT in
liability insurance as required by the the services to be performed.
STATE.
B. General commercial liability insurance in B. If any such change causes an increase
or decrease in the estimated cost of, or
an amount not less than a single limit of the time required for, performance of
one million and 00/100 Dollars any part of the work under this
($1,000,000.00) for bodily injury, AGREEMENT, whether or not changed
including death and property damage by the order, or otherwise affects any
per occurrence. other terms and conditions of the
Excepting the Worker's Compensation AGREEMENT, the AGENCY shall make
insurance and any professional liability an equitable adjustment in the (1)
insurance secured by the CONSULTANT, the maximum amount payable; (2) delivery
AGENCY will be named on all certificates of or completion schedule, or both; and (3)
insurance as an additional insured. The other affected terms and shall modify
CONSULTANT shall furnish the AGENCY with the AGREEMENT accordingly.
verification of insurance and endorsements C. The CONSULTANT must submit its
required by this AGREEMENT. The AGENCY "request for equitable adjustment"
reserves the right to require complete, certified (hereafter referred to as claim under this
copies of all required insurance policies at any clause within 30 days from the date of
time. receipt of the written order. However, if
All insurance shall be obtained from an the AGENCY decide!; that the facts
insurance company authorized to do business justify it, the AGENCY may receive and
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act upon a claim submitted before final suspension and other responsibility matters -
payment of the AGREEMENT. primary covered transactions, Exhibit "A-3"
D. Failure to agree to any adjustment shall Certification regarding the restrictions of the
be a dispute under the Disputes clause. use of Federal funds for lobbying, and Exhibit
However, nothing in this clause shall "A-4" Certificate of Current Cost or Pricing
excuse the CONSULTANT from Data. Exhibits "A-3" and "A,-4" are only
proceeding with the AGREEMENT as required in Agreements over $100,000.
changed. XVIII
E. Notwithstanding the terms and condition COMPLETE AGREEMENT
of paragraphs (a) and (b) above, the This document and referenced attachments
maximum amount payable for this contains all covenants, stipulations and
AGREEMENT, shall not be increased or provisions agreed upon by the parties. No
considered to be increased except by agent, or representative of either party has
specific written supplement to this authority to make, and the parties shall not be
AGREEMENT. bound by or be liable for, any statement,
XV representation, promise or agreement not set
ENDORSEMENT OF PLANS forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid
The CONSULTANT shall place his unless reduced to writing and signed by the
endorsement on all plans, estimates or any parties as an amendment to this
other engineering data furnished by him. AGREEMENT.
XVI XIX
FEDERAL AND STATE REVIEW EXECUTION AND ACCEPTANCE
The Federal Highway Administration and the This AGREEMENT may be simultaneously
Washington State Department of executed in several counterparts, each of which
Transportation shall have the right to participate shall be deemed to be an original having
in the review or examination of the work in identical legal effect. The CONSULTANT does
prog ress. hereby ratify and adopt all statements,
XVII representations, warranties, covenants, and
CERTIFICATION OF THE CONSULTANT agreements contained in the proposal, and the
AND THE AGENCY supporting materials submitted by the
CONSULTANT, and does hereby accept the
Attached hereto as Exhibit "A-1", are the AGREEMENT and agrees t,) all of the terms
Certifications of the Consultant and the Agency, and conditions thereof.
Exhibit "A-2" Certification regarding debarment,
In witness whereof, the parties hereto have executed this A
ab~f2 --
"- J
By ~- By
.
Peter B. Lewis, Mayor
Consultant Krazan & Associates. Inc. Agency City of Auburn
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Exhibit "A-1"
Certification Of Consultant
Agrl~ement No. AG-C-206
Local Agency: Citv of Auburn
I hereby certify that I am William B. Throne and duly authorized representative of the firm of _
Krazan & Associates. Inc. whose address is I SOl I Sth Street NW Ste 106 Auburn W A 98002
and that neither I nor the above firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employee or retain the
services of any firm or person in connection with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation or
consideration of any kind for, or in connection with procuring or carrying out the contract; except
as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington
and that the firm is in full compliance with the requirements of the Board of Professional Registration.
I acknowledge that this certificate is to be available to the State Department of Transportation and the
Federal Highway Administration, U.S. Department of Transportation, in connection with this contract
,.","., part,,,,,,oo of ...,,,1 .. food, ..d " ,"bjoct to 'PP'IZ S,." ..d ..."."_, both
criminal and civil. ~ .
II c;(V+ (.
Date Authorized Consultant Signature
CERTIFICATION OF AGENCY OFFICIAL
I hereby certify that I am the AGENCY Official of the Local Agency of Citv of Auburn, Washington and
that the above consulting firm or his representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this contra,;t to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Payor agree to pay to any firm, person or organization, any fee, contribution, donation or
consideration of any kind, except as here expressly stated (if any).
I acknowledge that this certificate is to be available to the Federal Highway Administration, U.S.
Department of Transportation, in connection with this contract involving participation of Federal aid
highway funds and is subject to applicable State and ~~minal and civil.
\~~3 tDY - ~~
Date City of Auburn Mayor, Peter B. Lewis
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Exhibit "A-2"
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 or 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph 1.b. of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): Krazan & Associates. Inc.
I/do~ ~L
, '(Date) (Signature) President or Authorized Official of Consultant
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Exhibit "A-3"
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any federal agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of ;~ny federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal
agency, a member of Congress, an officer or employee of Congress, or an employee of
a member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instruction.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which exceed
$100,000 and that all such sub recipients shall certify and disclose accordingly.
Consultant (Firm): Krazan & Associates. Inc.
\/5i''tte) ~12-
(Signature) President or Authorized Official of Consultant
Local Agency Guidelines Page 11 of19
December 2000
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Exhibit "A-4"
Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection
15.804-2) submitted, either actually or by specific identification in writing, to the contracting officer or to
the contracting officer's representative in support of ' are
accurate, complete, and current as of ". This certification includes the cost or
pricing data supporting any advance agreements and forward pricing rate agreements between the
offeror and the Government that are part of the proposal.
Firm Krazan & Associates. Inc.
Name N;,/~ L>. A i'W'tL-
Title ~f'0 I);y;s Un-? ~~
Date of Execution'" iCfo f
, Identify the proposal, quotation, request for price adjustment, or other submission
involved, giving the appropriate identifying number (e.g., RFP No.).
" Insert the day, month, and year when price negotiations were concluded and price
agreement was reached.
"'Insert the day, month, and year of signing, which should be as close as practicable
to the date when the price negotiations were concluded and the contract price was
agreed to.
Local Agency Guidelines Page 12 of 19
December 2000
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Exhibit "8"
Scope of Work
(Task Order Agreement)
Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will
be individually negotiated with the CONSULTANT. The amount established for each assignment will
be the maximum amount payable for that assignment unless modified in writing by the AGENCY. The
AGENCY is not obligated to assign any specific number of tasks to the CONSULTANT, and the
AGENCY's and CONSULTANT's obligation hereunder are limited to tasks assigned in writing. Task
assignments may include, but are not limited to, the following types of work:
Annual on-call special inspection and material testing services typically related to civil and structural
site and building activities:
A. Reinforcino Steel Placement
B. Auoer Cast Grouted Piles
C. Cast in Place Concrete
D. Exoansion Anchor/Eooxied Dowel Installation
E. Structural Masonrv Insoection
F. Post-Tensioned Concrete
G. Structural Shotcrete
H. Wall Framino and Roof Deck Nailino
I. Structural Steel Fabrication and Erection
J. Hioh Strenoth Boltino
K. Sorav Aoolied Fireoroofino
L. Roofino & Wateroroofino Insoection
M. Soil Testino
N. Soil Bearino Verification
O. Asohaltic Concrete Pavino Insoection
P. Proiect Manaoement
Q. Reoort Preoaration
Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment
Document similar in format to page 2 of this exhibit.
An assignment shall become effective when a Formal Task Assignment Document is signed by the
CONSULTANT and the AGENCY, except that emergency actions requiring a 24-hQur or less response
can be handled by an oral authorization. Such oral authorization shall be followed up with a Formal
Task Assignment Document within four working days, and any billing rates agreed to orally (for
individuals, subconsultants, or organizations whose rates were not previously established in this
AGREEMENT) shall be provisional and subject to final negotiation and acceptance by the AGENCY.
Local Agency Guidelines Page 13 of 19
December 2000
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Formal Task Assignment Document
Task Number
The general provisions and clauses of Agreement shall be in full force and
effect for this Task Assignment.
Location of Project:
Project Title:
Maximum Amount Payable Per Task Assignment: $
Completion Date:
Description of Work:
(Note attachments and give brief description)
Agency Project Manager Signature: Date:
Oral Authorization Date: See Letter Dated:
Consultant Signature: Date:
Agency Approving Authority: Date:
Local Agency Guidelines Page 14 of 19
December 2000
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Exhibit "e"
Payment
(Negotiated Hourly Rate)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under
this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work
performed or services rendered and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the work. The CONSULTANT shall conform with all applicable portions of 48
CFR 31.
1. Hourly Rates
The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated
hourly rates shown in Exhibits "0" and "E" attached hereto and by this reference made part of
this AGREEMENT. The rates listed shall be applicable for the first 12-month period and shall
be subject to negotiation for the following 12-month period upon request of the CONSULTANT
or the AGENCY. If negotiations are not conducted for the second or subsequent 12-month
periods within 90 days after completion of the previous period, the rates listed in this
AGREEMENT or subsequent written authorization(s) from the AGENCY shall be utilized for the
life of the AGREEMENT. The rates are inclusive of direct salaries, payroll additives, overhead,
and fee.
In the event renegotiation of the hourly rates is conducted, the AGENCY reserves the right to
audit for any change in the overhead rate currently in use by the CONSULTANT and modify the
hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly. Any
changes in the CONSULTANT's fixed hourly rates may include salary or overhead
adjustments.
2. Direct Nonsalary Costs
Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These
charges may include, but are not limited to the following items: travel, printing, long distance
telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only
be reimbursed to economy class levels unless otherwise approved by the AGENCY.
Automobile mileage for travel will be reimbursed as the current rate approved for AGENCY
employees and shall be supported by the date and time of each trip with origin and designation
of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for
AGENCY employees. The billing for nonsalary cost, directly identifiable with the PROJECT,
shall be an itemized listing of the charges supported by the original bills, invoices, expense
accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the
original supporting documents shall be supplied to the AGENCY upon request. All above
charges must be necessary for the services provided under this AGREEMENT.
3. Management Reserve Fund
The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement
Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already
defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the
lesser of $50,000 or 10% of the Total Amount Authorized as shown in the heading of this
AGREEMENT. The amount included for the Management Reserve Fund is shown in the
Local Agency Guidelines Page 15 of 19
December 2000
_._----------_._~.~_..._..
heading of this agreement. This fund may be replenished in a subsequent supplemental
agreement. Any changes requiring additional costs in excess of the "Management Reserve
Fund" shall be made in accordance with Section XIV, "Extra Work."
4. Maximum Amount Payable
The maximum amount payable for completion of work under this AGREEMENT shall not
exceed the amount shown in the heading of this AGREEMENT. The maximum amount
payable includes the Management Reserve Fund, but does not include payment for extra work
as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under
this AGREEMENT.
5. Monthly Progress Payments
Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2
above. The monthly invoices shall be supported by detailed statements for hours expended at
the rates established in Exhibits "0" and "E", including names and classifications of all
employees, and invoices for all direct nonsalary expenses. To provide a means of verifying the
invoiced salary costs for the consultant's employees, the agency may conduct employee
interviews. These interviews may consist of recording the names, titles, salary rates, and
present duties of those employees performing work on the project at the time of the interview.
6. Inspection of Cost Records
The CONSULTANT and his/her subconsultants shall keep available for inspection by
representatives of the AGENCY, STATE, and the United States, for a period of three years
after final payment, the cost records and accounts pertaining to this AGREEMENT and all
items related to or bearing upon these records with the following exception: if any litigation,
claim, or audit is started before the three-year period, the records shall be retained until all
litigation, claims, or audit findings involving the records have been resolved. The three-year
retention period begins when the CONSULTANT receives final payment.
7. Final Payment
Final payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other
related documents which are required to be furnished under this AGREEMENT. Acceptance of
such final payment by the CONSULTANT shall constitute a release of all claims for payment
which the CONSULTANT may have against the AGENCY unless such claims are specifically
reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its
acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY
may have against the CONSULTANT or to any remedies the AGENCY may pursue with
respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item
and at the time of final audit, all required adjustments will be made and reflected in a final
payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the
CONSULTANT will refund such overpayment to the AGENCY within ninety (90) days of notice
of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT or any
claims relating to the validity of a finding by the AGENCY of overpayment.
Local Agency Guidelines Page 16 of 19
December 2000
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Exhibit "0"
Consultant Fee Determination-Summary Sheet
(Specific Rates Of Pay)
Fee Schedule
SOILS TESTING & INSPECTION
Technician for compaction verification Hours $45.00
Geotechnical technician for subgrade Hours $55.00
Moisture density curves Each $200.00
Soils Gradation/Sieve Analysis Each $80.00
Nuclear density gauge charge Day $5.00
CONCRETE TESTING & INSPECTION
Technician for concrete testing Hours $42.00
Reinforced concrete special inspector Hours $42.00
Post-tensioned concrete inspector Hours $45.00
Compressive strength of concrete cylinders Each $15.00
Sample Pickup Each $30.00
MASONRY TESTING & INSPECTION
Structural masonry special inspector Hours $42.00
Compressive strength of masonry prisms Each $80.00
Compressive strength of mortar/grout Each $15.00
Sample Pickup Each $30.00
STRUCTURAL STEEUFIREPROOFING
Visual welding inspection Hours $55.00
High strength bolting inspection Hours $55.00
Fireproofing inspection Hours $55.00
Fireproofing density tests Each $45.00
ASPHAL T TESTING
Technician for compaction verification Hours $45.00
Asphalt extraction/gradation Each $200.00
Asphalt 'Rice' density test Each $80.00
Bulk density/thickness of AC cores Each $40.00
Technician for AC coring Hours $80.00
ENGINEERING SUPPORT
Project Engineer (geotechnical engineer) Hours $100.00
Staff Engineer (project manager) Hours $75.00
Project Assistant Hours $40.00
MISCELLANEOUS CHARGES
Overtime surcharge Hours 1.5(X) hourly rate
Mileage to project Each $0.00
Mileage for offsite inspections Each $0.40
Local Agency Guidelines Page 17 of 19
December 2000
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Exhibit liE"
Breakdown of Overhead Cost
Account Title $ Beginning Total % of Direct Labor
Direct Labor $20.00
Overhead Expenses:
FICA $1.40 7.00%
Unemployment $0.47 2.35%
Health/Accident Insurance $1.00 5.00%
Medical Aid & Industrial'nsurance $1.95 9.75%
HolidayNacation/Sick Leave $2.23 11.15%
Commission/Bonus/Pension $1.20 6.00%
Total Fringe Benefits $8.25 41.25%
General Overhead:
State B&O Taxes $0.35 1.75%
Insurance $0.29 1.45%
Administration & Time Not Assignable $0.08 0.40%
Printing, Stationery & Supplies $0.15 0.75%
Professional Services $0.04 0.20%
Travel Not Assignable $0.40 2.00%
Telephone & Telegraph Not Assignable $0.03 0.15%
Fees, Dues & Professional Meetings $0.10 0.50%
Utilities & Maintenance $0.45 2.25%
Professional Development $1.10 5.50%
Rent $1.31 6.55%
Equipment Support $0.20 1.00%
Office, Miscellaneous & Postage $0.15 0.75%
Total General Overhead $4.65 23.25%
Total Overhead (General + Fringe) $12.90
Overhead Rate (Total Overhead / Direct 64.50%
Local Agency Guidelines Page 18 of 19
December 2000
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Exhibit "F"
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously
made shall total the same percentage of the Lump Sum Amount as the work completed at the time of
termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be
paid for any authorized extra work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously
made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at
the time of termination is to the total work required for the Project. In addition, the CONSULTANT
shall be paid for any authorized extra work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of
this AGREEMENT.
Costs Per Unit of Work Contracts
A Final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
Local Agency Guidelines Page 19 of 19
December 2000
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