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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. 11/21/13) <br /> Printed on 2/8/2017 9:48:36 AM J-3 <br />