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4608
PARAMETRIX INC
Evergreen Park Groundwater Monitoring
Engineering
LEG 12-1
01/10/2007
01/09/2011
11/01/2010
PROFESSIONAL SERVICES AGREEMENT
EVERGREEN P ARK GROUNDWATER MONITORING
The City of Bremerton ("City") and Parametrix, Inc., ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated January, 2007, including any attachments thereto, attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VILG. of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the scope of work; provided
however, that additional time shall be granted by the City for excusable delays or extra work as
provided for in section IX (A) of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed Nineteen Thousand Two Hundred Eighty
Two Dollars and Seventy Three Cents ($19,282.73 Dollars.) Consultant's charges and bills shall
conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit B.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modifi ed pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit B. I
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. . Such withholding does not relieve
Consultant of its obligations under this Agreement.
Brem erton/P arametrix
Evergreen Park Groundwater Monitoring
Page 1 of6
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event ofliability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
Brem ertonJP aram etrix
Evergreen Park Groundwater Monitoring
Page 2 of6
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for errors and omissions and for injuries to persons or damage to
property which may arise from or in connection with the performance of the work hereunder by
the Consultant, its agents, representatives, employees, sub~consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCD) if applicable; and employer's
liability; and
3. Excess Liability insurance with limits not less than $2,000,000 limit per occurrence and
aggregate.
4. Professional Liability insurance with limits no less than $3,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
Bremerton/Parametrix
Evergreen Park Groundwater Monitoring
Page 3 of6
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
Bremerton/Parametrix
Evergreen Park Groundwater Monitoring
Page 4 of6
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
Department of Public Works and Utilities
3027 Olympus drive
Bremerton, W A 98310
Consultant Address
Parametrix, Inc.
4660 Kitsap Way, Suite A
Bremerton WA, 98312
I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for 'convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
Bremerton/Parametrix
Evergreen Park Groundwater Monitoring
Page 5 of6
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
~.y REMERTON.
~JI~
By:Phil WIlliams
Its: Director, PW&U
Date: / /~/ {)7
CONSULTANT
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BY:~
its: Nc...\.~
Date: \ - lo - 0'1-
BremertonJParametrix
Evergreen Park Groundwater Monitoring
Page 6 of6
SCOPE OF WORK
City of Bremerton
Evergreen Park Groundwater Monitoring
The City of Bremerton (City) requested Parametrix prepare a scope and budget for providing groundwater
monitoring for Evergreen Park in Bremerton, Washington. The requirements for post-remediation
groundwater monitoring are presented in Appendix B of the Agreed Order between the City of Bremerton
and Washington State Department of Ecology (Ecology) in 1999.
The following is a summary of the tasks and the assumptions used to develop cost estimates for each task.
A cost breakdown by task is presented on the last page of this submittal.
Task 1
Project Management
Goal:
Coordination and documentation of the project by the Project Manager.
Approach:
The following activities are included in this task:
. The primary objective of this task will be budget and progress tracking.
. Coordination with the City.
Deliverables: The following deliverables will be submitted under this task:
. Monthly progress reports and invoices.
Assumptions: The task budget is based on the following assumptions. Changes to these assumptions
may require modification of the budget.
. Attend two meetings, one hour each.
. Labor budget does not include annual salary escalation.
Task 2
Semi-Annual Groundwater Monitoring
Goal:
Conduct semi-annual groundwater monitoring activities for 4 years to satisfy the Agreed
Order, Appendix B.
Approach:
The following activities are included in this task:
. Survey the top of casing for each of the five monitoring wells (MW-l through 5) at
the site. The casing elevations were modified following completion of site regrading
and have not been resurveyed.
. Procure laboratory services.
. Monitor each of the five wells for the presence of light non-aqueous phase liquid
(LNAPL ).
City of Bremerton
Evergreen Park Groundwater Monitoring
Scope of Work and Budget
1
255-J896-XXX
January 2007
SOW - Evergreen GWM 010207
. Collect water level measurements from each well prior to sampling.
. Purge each well prior to sample collection and collect water quality parameters. Low
flow purging methods will be used.
. Collect one groundwater sample from each of the five monitoring wells (MW-I
through 5) at the site (5 samples total).
. Collect one each of the following quality assurance/quality control samples for each
round: trip blank, equipment blank, and field duplicate (3 samples total).
. Analyze the samples for the following per the Agreed Order:
~ Gasoline-range petroleum hydrocarbons using NWTPH-Gx.
~ Diesel-range petroleum hydrocarbons using NWTPH-Dx.
~ Benz~ne, toluene, ethylbenzene, and total xylenes (BTEX) using EP A Method
8260B.
~ Chloride using EP A Method 300A.
~ Total carbonate using SM 2320B.
. Prepare field sampling logs and field logbooks, as needed.
. Prepare samples and transport/ship to selected analytical laboratory for chemical
analysis.
Deliverables: The results of this task will be included in the Task 1 assessment report.
Assumptions: The task budget is based on the following assumptions. Changes to these assumptions
may require modification of the budget.
. The Performance Compliance and Monitoring Plan presented as Appendix F of the
Interim Action Work Plan and Engineering Design Report (Exponent 1998) will be
used as the project sampling and analysis plan. No additional monitoring plans will
be completed.
. The Interim Action Work Plan and Engineering Design Report (Exponent 1998)
states groundwater monitoring will be conducted for a 5-year period; quarterly for the
first year and semi-annually for the next 4 years. Groundwater monitoring was
conducted quarterly in 2001, so it is assumed that monitoring can be completed semi-
annual for the remaining portion of the 5-year period.
. Groundwater sampling will be completed semi-annually for 4 years. A total of eight
(8) rounds of sampling will be conducted.
. Sampling can be done by a two-man team in one, 10-hour day.
City of Bremerton
Evergreen Park Groundwater Monitoring
Scope of Work and Budget
2
255-1896-XXX
January 2007
SOW - Evergreen GWM 010207
. A maximum of eight (8) samples (including quality control samples) will be
collected for each round of sampling.
. Labor budget does not include annual salary escalation.
. Budget for equipment assumes use of in-house sampling equipment. Additional
charges may be incurred if equipment is procured from an outside vendor.
. Disposal of investigation-derived waste will be the responsibility of the City.
Task 3
Reporting
Goal:
Complete semi-annual groundwater monitoring reports.
Approach:
The following activities are included in this task:
. Prepare draft semi-annual groundwater monitoring reports including:
~ Summary of sampling results.
~ Groundwater gradient and contaminant plume maps.
~ LNAPL monitoring results
~ Field and analytical data.
~ Recommendations for modifying the monitoring program, as needed.
. Finalize reports based on City review comments and submit to Ecology.
Deliverables: The following deliverables will be submitted under this task:
. Draft and fmal quarterly reports.
Assumptions: The task budget is based on the following assumptions. Changes to these assumptions
may require modification of the budget.
. A total of eight (8) groundwater monitoring reports will be completed.
. For the draft and fmal quarterly reports, two hard copies and one electronic copy
(PDF) will be submitted to the City.
. Only one round of comments from the City will be required to fmalize the report.
. Labor budget does not include annual salary escalation.
City of Bremerton
Evergreen Park Groundwater Monitoring
Scope of Work and Budget
3
255-1896-XXX
January 2007
SOW - Evergreen GWM 010207
PROPOSED BUDGET
Task 1: Project Management............ .................... ............. .................... .................... ......... ........... ....... $2,874
Task 2: Semi-Annual Groundwater Monitoring ................................................................................ $10,005
Task 3: Reporting............................ ... ....... ......... ....... ....... ........ .... ..... ..... ............. ............ ..................... $6,404
Total .................................................................... $19,283
City of Bremerton
Evergreen Park Groundwater Monitoring
Scope of Work and Budget
4
255-1896-XXX
January 2007
SOW - Evergreen GWM 010207
l!'>'
.
PARAMETRIX
Exhibit B
PROJECT: Evergreen Park Groundwater Monitoring
CLIENT: City of Bremerton
PMX# I 2-Man
BilLING MULTIPLIER: STAFF Project Managerl-senior Engineer Project Engineerr Project Survey Survey CADD Project
255-1896-XXX Scientist Support Coordinator
Crew TOTAL TOTAL
PHASE TASK ORG CODE 3.10 Bill RATES $150,00 I $125,00 I $100,00 I $71.30 I $105.71 $155,00 I $82,00 1$65,00 I I HOURS COST
~ ~- I I 2 I I
1.0 Evergreen Park Groundwater Monitoring I $15,139.32
~ -
1 Project Management 2 13 1 32 $2,711.30
2 Semi-Annual Groundwater Monitoring 2 . 1 4 2 i 75 $6,386,62
54
3 Reporting 2 2 I 3 38 I 16 18 79 $6,041,40
I
~
I
~ I
I
labor Subtotal 6 3 20 93 2 8 16 38 186 $15,139.32
In-House Expense Item Quantity I Unit Cost Direct Cost I
Expenses at 6% of Labor (Task 1) 1 $162.678 $162.68 $162.68
Expenses at 6% of Labor (Task 2) 1 $383.197 $383.20 $383.20
-
Expenses at 6% of Labor (Task 3) 1 $362,484 $362,48 $362,48
1
T
Outside Expenses Description I Direct Cost Markup % I ....\;!..;.......;.
Other Expenses '1 I I
Subconsultants Lab ~ $3,081.00 = 5% I $3,235.05
PROJECT 7iOTAL $19,282.73
A~~~~lo
Prepared By:
~^ /
'V ~
Reviewed By:
(Project Manager)
(Division Manager)
(Principal)
Project Delivery System
Page 'i of 1
File Name: Task 15 Budget
Oate Printed: 1/3/2007