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b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or <br /> person in connection with carrying out the AGREEMENT or <br /> c) paid, or agreed to pay any firm, organization or person(other than a bona fide employee working solely for me or the above <br /> ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out <br /> the AGREEMENT. <br /> d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered <br /> transactions by any Federal department or agency; <br /> e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against <br /> them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public <br /> (Federal, State or local)transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, <br /> forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; <br /> f) are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with <br /> commission of any of the offenses enumerated in paragraph(e)of this certification; and <br /> g) have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal, State or local) <br /> terminated for cause or default. <br /> 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. <br /> 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent <br /> Amendment or Supplement. <br /> 13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT. <br /> 14. To be prequalified with the STATE in Construction Inspection when the ENGINEER or the ENGINEER's assigned staff is named as <br /> resident construction supervisor. The onsite resident construction supervisor shall have a valid Documentation of Contract <br /> Quantities certification. <br /> 15. Will provide, as required,project inspectors that have a valid Documentation of Contract Quantities certification. <br /> II. THE LA AGREES, <br /> 1. To furnish a full time LA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT <br /> activities. <br /> 2. To furnish the necessary plans and specifications. <br /> 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. <br /> 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the <br /> following compensation formulas: <br /> Cost Plus Fixed Fee <br /> Formulas <br /> ❑ FF= 14.5%[DL + R(DL)+ OH(DL)+ IHDC], or <br /> ® FF= 14.5%[(2.3+ R)DL+ IHDC] <br /> Where: DL = Direct Labor <br /> IHDC= In House Direct Costs <br /> OH = Consultant Firm's Actual Overhead Factor <br /> R= Complexity Factor <br /> FF=Fixed Fee <br /> SBO = Services by Others <br /> Total Compensation= DL+IHDC+OH+FF+SBO <br /> Specific Rate ❑ (Pay per element) <br /> Lump Sum ❑ <br /> Page 3 of 8 BLR 05611 (Rev.01/10/12) <br /> D,i.fo A—7/1R/)nlA 7-r'A-rfl PhA <br />