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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: Local Agency Guidelines Page 1 of 19 December 2000 ~_.._------ .__n.~__ 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. Local Agency Guidelines Page 2 of 19 December 2000 ~------ ------ --_.~~-_....,._--- 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. Local Agency Guidelines Page 3 of 19 December 2000 - ------- --'-_.._~-' -------- 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 Local Agency Guidelines Page 4 of 19 December 2000 . --~~._._--- 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. Local Agency Guidelines Page 5 of 19 December 2000 .----.."---- --.. ._~-- 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 Local Agency Guidelines Page 6 of 19 December 2000 - .._~_.n_ ________ .m ._~_.__ .____n_____ 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 Local Agency Guidelines Page 7 of 19 December 2000 ,--~ -- _..~._..._~- 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 Local Agency Guidelines Page 8 of 19 December 2000 r/ "----..-- - -------- ~-- 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 Local Agency Guidelines Page 9 of 19 December 2000 r7 -.....-..--.---.. .~....._~-_._.- 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 Local Agency Guidelines Page 10 of 19 December 2000 ~~ --_.._~------_..- 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 ------------------. _..--~-_..__....._-_.- 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 - --~._-------- 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 ~,~_.._--~-----_.---- ------.-..-,-.....--.--- --'---'--"-'---""--~ 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 - _H -"._--~~--_.- ..--.-.---..- --~-,.__..-._-- 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 - ..-..------- ._-'-'--'~'- 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 - - -~._--_.._- ~ --~--- - -'-'---- ..-.---------.. -,,-...-. --- 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 - -.__..._..__._____._.._~._._______.___ .v'_____ _~..~...._____ 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 -- ----.-_. -------", ~----,..__._,.~._.__.._---~--- ..----