HomeMy WebLinkAbout5223 Contract Number: 5223
Vendor: PARAMETRIX
Subject: Pacific Avenue Improvements Engineering Services
Department: Engineering
File Class: LEG 12 -1
Begin Date: 2/6/2013
End Date: 12/31/2014
Review Date:
Vault Date: 2016
Comments: SA #1 7/9/13; SA #2 5/27/14
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S p lemental A reement Organization and Address
Agreement Inc.
Number 02 4660 Kitsap Way, Suite A
Bremerton, WA 98312
Original Agreement Number Attention: David Dinkuhn
NA Phone: 360 - 377 -0014
Project Number Execution Date Completion Date
102160 2/6/2013 12/31/2014
Project Title New Maximum Amount Payable
Pacific Ave Improvements Engineering Services $ 101,083.65
Description of Work
WSDOT comments response, see Section 1, Scope of Work.
The Local Agency of City of Bremerton
desires to supplement the agreement entered into with Parametrix, Inc.
and executed on 2/6/2013 and identified as Agreement No. NA
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
Addressing WS110T comments regarding Pacific Avenue, wnrk added to existing tack 06 C'.nnstrnctinn Fngineering_
Support, including rewriting the original MFF and angled a: rking memn and preparing a deviation request for the
1 1 th and Pacific intersection design_
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read: The amended enmpletion date is 19/31/9014
III
Section V, PAYMENT, shall be amended as follows:
U,593 65 is added to the contract budget fora new maximum payable amount of 9,1(11,(1R3_h5_
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action.
By: — 8rGQY1f 0V T, • By:
1
5r7�44
Consultant Signature App ving Authority Signature
E!?7zo
DOT Form 140 -063 EF to
Revised 9/2005
Exhibit E -1
Consultant Fee Determination - Summary Sheet
(Cost Plus Fixex Fee )
Project: Pacific Avenue Improvements Engineering Services
Direct Salary Cost (DSC):
Classification Man Hours = Rate = Cost
Project Manager (David Dinkuhn) 4 X $53.48 $213.92
Engineer IV (Jack Wright) 4 X $46.22 $184.88
Senior Engineer (Owen Kikuta) 12 X $55.68 $668.16
Accounting 1 X $26.95 $26.95
Total DSC = $1,093.91
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 199.83 %x$ $1,093.91 $2,185.96
Fixed Fee (FF):
FF Rate x DSC of 20 %X$ $1,093.91 $218.78
Reimbursables:
Expenses $95.00
$95.00
Grand Total $3,593.65
Prepared By: D.Dinkuhn Date: 5/8/2014
DOT Form 140 -089 EF Exhibit E -1
Revised 6/05
Contract Number 5223
Vendor. PARAMETRIX
Subject Pacific Avenue Improvements Engineering Services
Department Engineering
File Class: LEG 12 -1
Begin Date 2/6/2013
End Date- 6/30/2014
Review Date
Vault Date 2016
Comments SA #1 7/9/13
I
Adft
Washington State
W/Af Department of Transportation
Sup Agreement Organization and Address
p p g Parametnx, Inc
Number Ol 4660 Kitsap Way, Suite A
Bremerton, WA 98312
Original Agreement Number Attention David Dinkuhn
NA Phone 360 - 377 -0014
Project Number Execution Date Completion Date
102160 2/6/2013 6/30/2014
Project Title New Maximum Amount Payable
Pacific Ave Improvements Engineering Services $ 97,490.00
Description of Work
Engineering Services during bidding and construction Please see attached Scope of Work.
The Local Agency of City of Bremerton
desires to supplement the agreement entered into with Parametnx, Inc
and executed on 2/6/2013 and identified as Agreement No NA
All provisions in the basic agreement remain in effect except as expressly modified by this supplement
The changes to the agreement are described as follows
1
Section 1, SCOPE OF WORK, is hereby changed to read
See attached Exhibit A -1
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read The completion date remains the same
111
Section V, PAYMENT, shall be amended as follows
$21.990.00 is added to the contract budget for a new maximum pgyahle amount of X97,490 00
as set forth in the attached Exhibit A, and by this reference made a part of this supplement
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action G
By _ ` N L S Y u � By Ile4 T
Consultant Signature Approvipepwinority Signature
DOT Form 140-063 EF Date
Revised 9/2005
EXHIBIT A -1
SCOPE OF WORK
City of Bremerton
Pacific Avenue Improvements Engineering Services
Supplemental Agreement No. 01
INTRODUCTION
This Scope of-Work (SOW) describes Parametrix's proposed tasks to provide engineering support during
bidding and construction for the Pacific Avenue Improvements 6` Street to 11 Street protect This SOW
consists of Supplement No 1 to our existing Local Agency Standard Consultant Agreement Dated
February 6th, 2013
TASK 01 — MEETINGS, COORDINATION AND PROJECT MANAGEMENT — (SUPPLEMENT
TO EXISTING TASK 01 PROJECT MANAGEMENT)
Goal
To continue to manage scope, schedule, and budget, and periodically communicate with the City to
review project status
Activities
Specific work elements will include
• Preparation of monthly invoices
• Phone calls with the City to update progress as needed
Deliverables
Parametrix anticipates the following work products for this task
• Routine correspondence, budget updates, status reports on progress of work, and invoices
Assumptions
The task budget is based on the following assumptions
• Project management tasks will be performed through the project period, which is assumed will
extend through June 30, 2014
• Project update calls will be attended by the Parametrix project manager
City of Bremerton 233 - 1896 -112
Pacific Avenue Improvements 6 Street to I P Street 1 May 2013
Supplemental Agreement No 01
TASK 05 — REVISED 100 %, FINAL, AND BID SET PLANS, SPECIFICATIONS AND
ESTIMATE (SUPPLEMENT TO EXISTING TASK 05)
Objective: To prepare and submit Addenda 01 and 02 during the original bid period of April 11, 2013
through May 2, 2013, and prepare a revised Bid Package for a rebid during the period May
10, 2013 through May 31, 2013
Activities: The following activities performed as part of this task
• Addendum 01 was prepared including revisions to 25 plan sheets to reflect the expansion
of angle -in parking in front of the post office as directed by the City, relocation of the bus
shelter from that location, and addition of Plan Sheet TI for temporary channelization
• Addendum No 02 was prepared including revisions to the special provisions based on
WSDOT comments and the addition of cut sheets for a third luminaire option
• Revised Bid Documents were prepared for a re -bid including removal of the bus shelters
and both bid alternates
• Prepared revised Engineer's Cost Estimate
Deliverables: The following deliverables are associated with this task
• Addenda and Re -Bid Construction Documents
TASK 06 — CONSTRUCTION ENGINEERING SUPPORT — (NEW TASK)
Objective
Provide construction engineering support as requested by the City during the construction phase of the
project
Activities
The following activities may be performed
• Following bidding, produce a Conformance Set of construction documents including contract
documents, specifications, and drawings
• Attend a pre - construction meeting with the City and Contractor
• Attend protect meetings at the construction site as requested by the City
• Review Contractor's submittal schedule for compliance with the specifications
• Review Contractor work plans and reports and provide recommendations for approval or
acceptance to the City
City of Bremerton 233 -1896 -112
Pacific Avenue Improvements 6" Street to 11 m Street 2 May 2013
Supplemental Agreement No 01
• Review and respond to Contractor's material submittals, catalog cut sheets, and shop drawings
for non - commercial items or items with non - standard specifications such as the stamped
crosswalk and street tree receptacles
• Respond to applicable Contractor's Requests for Information (RFIs)
• Review completeness of Contractor's record drawings, draft modifications in AutoCAD and
provided final record drawings sealed by a professional engineer licensed in the state of
Washington
• Conduct a site walk at substantial completion to assist the City in the punch list inspection
Deliverables
The following deliverables may be submitted under this task
• Conformance Set of construction documents
• Record Drawings
• Hard copies and electronic copies of Parametrix's responses to material submittal, cut sheet, and
shop drawing review
• Hard copies and electronic copies of Parametrix's responses to work plans, reports, RFIs, and
requests for change orders
Assumptions
The following assumptions apply
• The Parametrix Project Manager will attend site meetings as requested by the City
• Parametrix staff representing individual disciplines such as hardscape, transportation, or electrical
will attend on -site meetings as appropriate and as requested by the City
• For the Conformance Set, hard copies of the contract documents, specifications, and drawings
will be provided as requested Conformance Set production will require an estimated 2 hours for
the Parametrix Project Manager, 4 hours CADD Operator Labor, 2 hours of word processing, and
8 hours of Protect Coordinator labor
• Review of Contractor's submittal schedule will require an estimated 1 hours
• Contractor work plans or reports will be reviewed at an estimated 2 hours each
• Parametrix will review and respond to shop drawing submittals at an estimated 2 hours each and
material submittals at an estimated 1 hour each
• Parametrix will review and respond to all RFI's as requested by the City For estimating
purposes, it is assumed that RFI review and response will require 1 hour each
City of Bremerton 233 - 1896 -112
Pacific Avenue Improvements 6' Street to I P Street 3 May 2013
Supplemental Agreement No 01
• Record Drawing review, CADD work, and production of the sealed set will require an estimated
16 hours CADD Operator Labor, 2 hours of Project Coordinator labor, and 2 hours for the
Parametrix Project Manager This estimate assumes that up to twelve sheets will require
modification The remaining 44 sheets will be reproduced and sealed only
• Responses to RFIs will not require CADD Operator labor unless final plans have errors and
omissions requiring corrections
City of Bremerton 233 -1896 -112
Pacific Avenue Improvements 6" Street to 11 " Street 4 May 2013
Supplemental Agreement No 01
Budget Summary
Task 01 Project Management 1 $1,000
Task 05 Revised 100 %, Final, and Bid Set Plans and Specifications $11,990
Task 06 Construction Engineering Support $9,000
TOTAL .......................................................................................... ............................... $21,990
NOTES:
The estimated fees provided above were determined on a cost plus fixed fee basis and will not be
exceeded without written authorization by the City A detailed breakdown of costs is provided in the
attached Exhibit E -1
City of Bremerton 233- 1896 -112
Pacific Avenue Improvements a Street to I1 a Street I May 2013
Supplemental Agreement No 01
Exhibit A -2
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 obligations hereunder are limited to tasks assigned in writing Task assignments may
include but are not limited to, the following types of work
A Conduct traffic counts at additional intersection $1,10000
B Incorporated City water and sanitary sewer design into Bid Set, (4 sheets) $5,764 00
C Total (per attached Task T1) $6,864 00
D
E
F
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 -hour 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 the AGREEMENT) shall be provisional and subject
to final negotiation and acceptance by the AGENCY
DOT Forth 140-089 EF Exhibit A -2
Revised 6/05
Formal Task Assignment Document
Task Number T1
The general provisions and clauses of Agreement Executed 2/6/13 shall be in full force and effect for this
Task Assignment
Location of Project Bremerton, WA
Project Title Pacific Avenue Improvements Engineering Services
Maximum Amount Payable Per Task Assignment $6,86400
Completion Date June 30, 2014
Description of Work
(Note attachments and give brief description)
Consultant to perform additional services as directed and described under Task T1, according to attached Exhibit
A -2 Task T1 is to be paid under Management Reserve
Agency Project Manager Signature Date
Oral Authorization Date See Letter Dated
Consultant Signature Date
Agency Approving Authority ,ate
DOT Form 140 -089 EF Formal Task Assignment
Revised 6/05
Exhibit E -1
Consultant Fee Determination - Summary Sheet
(Cost Plus Fixex Fee )
Project Pacific Avenue Improvements Engineering Services - Supplemental Agreement No 01
Direct Salary Cost (DSC)
Classification Man Hours = Rate = Cost
Project Manager (David Dinkuhn) 60 X $4817 $2,89020
Engineer III (Dean Zavack) 5 X $3300 $16500
Designer III (Bob Kugen) 5 X $3667 $18335
Engineer IV (Jack Wright) 10 X $4202 $42020
Senior Engineer (Bob Franklin) 145 X $7000 $1,01500
CADD (S Rasmussen) 485 X $2620 $1,27070
CADD (K Braaten) 35 X $2500 $8750
CADD (J Peterson) 1 X $2500 $2500
Word Processing 155 X $3174 $49197
Accounting 5 X $2695 $13475
Project Support 6 X $2135 $12810
X $000
X $000
X $000
X $000
X $000
Total DSC = $6,81177
Overhead (OH Cost — including Salary Additives)
OH Rate x DSC of 19983 %x$ $6,81177 $13,61196
Fixed Fee (FF)
FF Rate x DSC of 1479 %x$ $6,81177 $1,00746
Reimbursables
Expenses $55881
$55881
Grand Total $21,99000
Prepared B Date a
DOT Form 140 -089 EF Exhibit E -1
Revised 6/05
Contract Number.
Vendor:
Sub�ect:
Department
File Class:
Begin Date:
End Date:
Review Date
Vault Date•
Comments .
E.'Yx.Ic3
PARAMETRIX
Pacific Avenue Improvements Engineering Services
Engineering
LEG 12-1
2/6/2013
6/30/2014
2016
Local Agency ConsultanUAddress/Telephone
Parametrix, Inc
Standard Consultant Parametrix, Inc
Agreement 4660 Kttsap Way, Suite A
Bremerton, WA 98312
� Architectural/Engmeenng ATTN Dav�d Dmkuhn 360-377-0014
❑ Personal Services
A reement Number
Pro�ect Title And Work Description
Federal Aid Number Pacific Avenue Improvements Engmeermg
Services
Agreement Type (Choose one)
Roadway, non-motorized transportat�on and
stormwater �mprovements on Pacific Avenue
❑ Lump Sum between 6th and l lth Streets
Lump Sum Amount $
� Cost Plus F�xed Fee
Overhead Progress Payment Rate 199 83 °/a
Overhead Cost Method DBE Partiapation
❑ Actual Cost ❑ Yes � No %
Federal ID Number or Social Security Number
❑ Actual Cost Not To Exceed % 91-0914810
� Fixed Overhead Rate 14 79 % Do you require a 1099 for IRS? Completion Date
Fixed Fee $ , ❑ Yes � No June 30, 2014
❑ Specific Rates Of Pay Total Amount Authonzed $ 68,636 36
❑ Negotiated Hourly Rate
❑ Provisional Hourly Rate Management Reserve Fund $ 6,863 64
❑ Cost Per Unit of Work Maximum Amount Payable $ 75,500 00
Index of Exhibits (Check all that apply)•
� Each�b�t A-1 Scope of Work
❑ E�ch�bit A-2 Task Order Agreement
❑ Exhibrt B-1 DBE Utilization Certification
� Exh�b�t C Electron�c Exchange of
❑ Exh�b�t D-1 Payment - Lump Sum
� E�ch�b►t D-2 Payment - Cost Plus
❑ Exhibit D-3 Payment - Hourly Rate
❑ Exhibit D-4 Payment - Provisional
� Exh�bit E-1 Fee - Lump/F�xed/Umt
❑ Exh�b�t E-2 Fee - Specific Rates
� E�ch►b�t F Overhead Cost
❑ E�chibrt G Subcontracted Work
❑ Exhibit G-1 Subconsultant Fee
❑ Exh►b►t G-2 Fee-Sub Spec►fic Rates
❑ Exhibrt G-3 Sub Overhead Cost
� Exh�brt H Trtle VI Assurances
� E�ch�brt I Payment Upon Termmation of Agreement
❑ Exhib�t J Alleged Consultant Des�gn Error Procedures
� Exhibit K Consultant Cla�m Procedures
❑ Exh�brt L L�ab�l�ty Insurance
� Exh�brt M-la Consultant Certification
� Exh�brt M-lb Agency Offic�al
� Exh�bit M-2 Certificat�on - Pnmary
� Exh�brt M-3 Lobbying Cert�fication
� Exhib�t M-4 Pr�cmg Data Cert�ficat►on
❑ App 31 910 Supplemental S�gnature Page
THIS AGREEMENT, made and entered mto this ��
between the Local Agency of City of Bremerton
and the above orgamzat�on here�nafter called the "CONSLTLTANT"
day of f %�idY�r , p�U�J ,
, Wash►ngton, hereina r called the "AGENCY"
DOT Form �ao-oes EF Page 1 of 8
Revised 3/2008
WITNESSETH THAT
WHEREAS, the AGENCY des�res to accompl�sh the above referenced pro�ect, and
WHEREAS, the AGENCY does not have suffic�ent staffto meet the requ�red commitment and therefore deems rt
adv�sable and des�rable to engage the ass�stance of a CONSULTANT to prov�de the necessary services for the PROJECT,
and
WHEREAS, the CONSULTANT represents that he/she �s m compl�ance w�th the Washmgton State Statutes relatmg to
profess�onal reg�stration, �f applicable, and has s�gmfied a wilhngness to fumish Consulhng sernces to the AGENCY,
NOW THEREFORE, m consideration of the terms, condrtions, covenants and performance contamed herem, or attached
and mcorporated and made a part hereof, the part�es hereto agree as follows
I General Description of Work
The work under th�s AGREEMENT shall consist of the above descr�bed work and services as herem defined and
necessary to accomplish the completed work for this PROJECT The CONSULTANT shall furnish all services, labor, and
related equ�pment necessary to conduct and complete the work as designated elsewhere m this AGREEMENT
II Scope of Work
The Scope of Work and pro�ected level of effort requ�red for th�s PROJECT is detailed in Exh�brt "A" attached hereto and
by this reference made a part of this AGREEMENT
III General Requirements
All aspects of coordmat�on of the work of th�s AGREEMENT wrth outside agencies, groups, or mdividuals shall rece�ve
advance approval by the AGENCY Necessary contacts and meetmgs wrth agenc�es, groups, and/or �ndividuals shall be
coordmated through the AGENCY The CONSULTANT shall attend coordmat�on, progress and presentat�on meetmgs
w�th the AGENCY and/or such Federal, State, Commumty, C�ty or County offic�als, groups or mdividuals as may be
requested by the AGENCY The AGENCY will prov�de the CONSULTANT sufficient not�ce pr�or to meetmgs requirmg
CONSULTANT partic�pat�on The mm�mum required hours or days not�ce shall be agreed to between the AGENCY and
the CONSULTANT and shown m Exhibit "A "
The CONSULTANT shall prepare a monthly progress report, m a form approved by the AGENCY, which w�ll outlme m
written and graph�cal form the vanous phases and the order of performance of the work m sufficient detail so that the
progress of the work can easily be evaluated
The CONSULTANT, and each SUBCONSULTANT, shall not d�scrimmate on the bas�s of race, color, national or�gm, or
sex m the performance of th�s contract The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 m the award and adm�mstratton of USDOT-ass�sted contracts Failure by the
CONSULTANT to carry out these requ�rements is a mater�al breach of this AGREEMENT that may result m the
termmat�on of th�s AGREEMENT
Partic�pat�on for Disadvantaged Busmess Enterprises (DBE), if required, per 49 CFR Part 26, or participat�on of Mmor�ty
Busmess Enterpnses (MBE), and Women Business Enterpr�ses (WBE), shall be shown on the headmg of th�s
AGREEMENT If D/M/WBE firms are ut�lized, the amounts author�zed to each firm and their cert�ficat�on number will be
shown on E�chibit "B" attached hereto and by this reference made a part of th�s AGREEMENT If the Pr�me
CONSULTANT �s a DBE firm they must comply wrth the Commerc�al Useful Funct�on (CUF) regulation outlmed m the
AGENCY'S "DBE Program Part�c�pation Plan" The mandatory DBE part�c�pation goals of the AGREEMENT are those
estabhshed by the WSDOT'S H�ghway and Local Programs Pro�ect Development Engmeer m consultahon w�th the
AGENCY
All Reports, PS&E mater�als, and other data furn�shed to the CONSULTANT by the AGENCY shall be returned All
electromc files, prepared by the CONSULTANT, must meet the requirements as outlmed m Exhibrt "C "
All des�gns, drawmgs, specifications, documents, and other work products, mcludmg all electromc files, prepared by the
CONSULTANT pnor to complehon or termmation of this AGREEMENT are mstruments of serv�ce for th�s PROJECT,
and are the property of the AGENCY Reuse by the AGENCY or by others, actmg through or on behalf of the AGENCY
of any such mstruments of serv�ce, not occurrmg as a part of th�s PROJECT, shall be without liabilrty or legal exposure to
the CONSULTANT
Page 2 of 8
IV Time for Beginning and Completion
The CONSULTANT shall not begm any work under the terms of th�s AGREEMENT unttl authonzed m wntmg by the
AGENCY
All work under th�s AGREEMENT shall be completed by the date shown �n the headmg of this AGREEMENT under
complet�on date
The established completion time shall not be extended because of any delays attr�butable to the CONSULTANT, but
may be extended by the AGENCY m the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT A prior supplemental agreement �ssued by the AGENCY �s requ�red to extend the established
completion time
V Payment Provisions
The CONSULTANT shall be pa�d by the AGENCY for completed work and services rendered under this
AGREEMENT as provided m Exh�b�t "D" attached hereto, and by reference made part ofth�s AGREEMENT Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, suppl�es,
equipment, and mctdentals necessary to complete the work The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31
A post aud�t may be performed on th�s AGREEMENT The need for a post audrt will be determmed by the State
Aud�tor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager
VI Sub-Contracting
The AGENCY permrts sub-contracts for those rtems of work as shown m Exh�b�t "G" attached hereto and by this
reference made part of thts AGREEMENT
Compensat�on for this sub-consultant work shall be based on the cost factors shown on Exhib�t "G "
The work of the sub-consultant shall not exceed rts maxtmum amount payable unless a prior written approval has been
�ssued by the AGENCY
All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be
substaritiated m the same manner as outlmed m Section V All sub-contracts shall contam all applicable prov�sions of
th�s AGREEMENT
W �th respect to sub-consultant payment, the CONSULTANT shall comply wrth all applicable sections of the Prompt
Payment laws as set forth m RCW 39 04 250 and RCW 39 76 O11 �
The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT wrthout pr�or
wr�tten perm�ssion of the AGENCY No permission for sub-contractmg shall create, between the AGENCY and sub-
contractor, any contract or any other relat�onship A DBE certtfied sub-consultant �s requ�red to perform a mmimum
amount of the�r sub-contracted agreement that is establtshed by the WSDOT H�ghways and Local Programs Pro�ect
Development Engineer m consultation wrth the AGENCY
VII Employment
The CONSULTANT warrants that they have not employed or retamed any company or person, other than a bona fide
employee workmg solely for the CONSULTANT, to solicit or secure this contract, and that �t has not paid or agreed to
pay any company or person, other than a bona fide employee workmg solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other considerat�on, cont�ngent upon or resultmg from the award or
makmg of th�s contract For breach or vtolation of th�s warrant, the AGENCY shall have the r�ght to annul th�s
AGREEMENT w�thout liab�lity or, m its discretion, to deduct from the AGREEMENT price or consideration or
otherw�se recover the full amount of such fee, comm�ssion, percentage, brokerage fee, g�ft, or contmgent fee
Any and all employees of the CONSULTANT or other persons while engaged m the performance of any work or
services required of the CONSULTANT under th�s AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all cla�ms that may ar�se under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services prov�ded to be rendered herem, shall be the sole obl�gation and
respons�btlrty ofthe CONSULTANT
The CONSULTANT shall not engage, on a full- or part-t�me basis, or other bas�s, durmg the period of the contract, any
professional or technical personnel who are, or have been, at any time dunng the penod of the contract, m the employ
of the Un�ted States Department of Transportation, or the STATE, or the AGENCY, except regularly ret�red
employees, wrthout written consent of the public employer of such person
VIII Nondiscrimination
Durmg the performance of th�s contract, the CONSULTANT, for rtself, rts ass�gnees, and successors m mterest agrees
to comply wrth the followmg laws and regulat�ons
Title VI ofthe C�vil R�ghts Act of 1964
(42 USC Chapter 21 Subchapter V Sect�on 2000d through 2000d-4a)
Federal-a�d H�ghway Act of 1973
(23 USC Chapter 3 Sect�on 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Sect�on 794)
Age Discnmmation Act of 1975
(42 USC Chapter 76 Sect�on 6101 et seq )
Civil R�ghts Restoration Act of 1987
(Publ�c Law 100-259) ,
American wrth D�sabilrties Act of 1990
(42 USC Chapter 126 Section 12101 et seq )
49 CFR Part 21
� 23 CFR Part 200
RCW 49 60 180
In relat�on to Trtle VI of the C�vil R�ghts Act of 1964, the CONSULTANT �s bound by the provisions of Exhibrt "H"
attached hereto and by this reference made part of this AGREEMENT, and shall mclude the attached Exhtb�t "H" m
every sub-contract, mcludmg procurement of materials and leases of equ�pment, unless exempt by the Regulat�ons or
directives �ssued pursuant thereto
-�
IX Termination of Agreement
The r�ght �s reserved by the AGENCY to termmate this AGREEMENT at any t�me upon ten (10) days wr�tten notice to
the CONSULTANT
In the event this AGREEMENT �s termmated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown m Exhibit "I" for the type of
AGREEMENT used
No payment shall be made for any work completed after ten (10) days follow�ng receipt by the CONSULTANT of the
Notice to Termmate If the accumulated payment made to the CONSULTANT prior to Not�ce of Termmation exceeds
the total amount that would be due when computed as set forth herem above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess pa�d
If the services of the CONSULTANT are termmated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply
Page 4 of 8
In such an event, the amount to be pa�d shall be determmed by the AGENCY w�th considerat�on grven to the actual
costs mcurred by the CONSULTANT m performmg the work to the date of termmat�on, the amount of work or�gmally
required wh�ch was sat�sfactorily completed to date of term�natton, whether that work is m a form or a type wh�ch �s
usable to the AGENCY at the time of termmation, the cost to the AGENCY of employmg another firm to complete the
work required and the ttme wh�ch may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the t�me of termmat�on
Under no circumstances shall payment made under th�s subsection exceed the amount, which would have been made
usmg the formula set forth above
If �t �s determmed for any reason that the CONSULTANT was not m default or that the CONSULTANT'S failure to
perform �s w�thout the CONSULTANT'S or rt's employee's default or negligence, the termmat�on shall be deemed to
be a termmat�on for the convenience of the AGENCY In such an event, the CONSULTANT would be reimbursed for
actual costs m accordance w�th the term�nation for other than default clauses listed previously
In the event of the death of any member, partner or officer of the CONSULTANT or any of rts superv�sory personnel
ass�gned to the PROJECT, or d�ssolution of the partnershtp, termmation of the corporation, or d�saffil�ation of the
prmcipally mvolved employee, the surv�vmg members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, �f requested to do so by the AGENCY Th�s subsection shall not be a bar to
renegotiation of the AGREEMENT between the survivmg members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses
In the event of the death of any of the parttes listed m the prev�ous paragraph, should the survivmg members of the
CONSULTANT, with the AGENCY'S concunence, desire to termmate th�s AGREEMENT, payment shall be made as
set forth m the second paragraph of th�s section
Payment for any part of the work by the AGENCY shall not constrtute a warver by the AGENCY of any remed�es of
any type �t may have agamst the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work requ�red of it by the AGENCY Forbearance of any rights under the
AGREEMENT will not constrtute warver of entrtlement to exerc�se those nghts wrth respect to any future act or
om�ssion by the CONSULTANT
X Changes of Work
The CONSULTANT shall make such changes and rev�sions m the complete work of this AGREEMENT as necessary
to correct errors appeanng therem, when required to do so by the AGENCY, w�thout addrtional compensation thereof
Should the AGENCY find it destrable for its own purposes to have previously sattsfactor�ly completed work or parts
thereof changed or rev�sed, the CONSULTANT shall make such rev�sions as directed by the AGENCY Th�s work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV
XI Disputes
Any d�spute concernmg questions of fact m connect�on w�th the work not dtsposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be refened for determmatton to the D�rector of Publtc Works or AGENCY
Eng�neer, whose dec�sion m the matter shall be final and bmdmg on the part�es of th�s AGREEMENT, provided,
however, that if an act�on �s brought challengmg the D�rector of Publ�c Works or AGENCY Engmeer's dec�s�on, that
dec�s�on shall be sub�ect to de novo �udicial review If the part�es to this AGREEMENT mutually agree, disputes
concernmg alleged design errors w�ll be conducted under the procedures found m Exh�brt "J", and disputes concernmg
cla�ms will be conducted under the procedures found m Exh�bit "K"
Xil Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to mstitute legal act�on or proceedmgs to enforce any r�ght or
obl�gation under this AGREEMENT, the parties hereto agree that any such action shall be m�t�ated m the Superior
court of the State of Washmgton, s�tuated m the county m whtch the AGENCY is located The parties hereto agree that
all questions shall be resolved by appl�cation of Washmgton law and that the part�es to such action shall have the right
of appeal from such decis�ons of the Superior court m accordance with the laws of the State of Washmgton The
CONSLILTANT hereby consents to the personal �unsdiction of the Supertor court of the State of Washmgton, s�tuated
in the county m wh�ch the AGENCY is located
Page 5 of 8
XIII Legal Relations
The CONSULTANT shall comply wrth all Federal, State, and local laws and ordmances appl�cable to the work to be
done under th�s AGREEMENT This contract shall be mterpreted and construed m accordance wrth the laws of the
State of Washmgton
The CONSULTANT shall mdemmfy and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at �ts own expense all clatms, demands, or suits at law or equrty ar�smg m whole or
m part from the CONSULTANT'S negligence or breach of any of rts obligations under th�s AGREEMENT, provided
, that nothmg herem shall requ�re a CONSULTANT to mdemmfy the AGENCY or the STATE agamst and hold
harmless the AGENCY or the STATE from claims, demands or su�ts based solely upon the conduct of the AGENCY or
the STATE, the�r agents, officers and employees, and provided further that if the cla�ms or surts are caused by or result
from the concurrent negltgence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, the�r agents, officers and employees, th�s mdemmty prov�s�on w�th respect to (1) claims or surts based upon
such negl�gence (2) the costs to the AGENCY or the STATE of defendmg such claims and su�ts shall be val�d and
enforceable only to the extent of the CONSULTANT'S negl�gence or the negligence of the CONSULTANT'S agents
or employees
The CONSULTANT'S relat�on to the AGENCY shall be at all times as an mdependent contractor
The CONSULTANT shall comply wtth all appl�cable sect�ons of the appl�cable Eth�cs laws, mcludmg RCW 42 23,
which is the Code of Ethtcs for regulatmg contract mterest by mumc�pal officers The CONSULTANT specifically
assumes potent�al Itab�lrty for act�ons brought by the CONSULTANT'S own employees agamst the AGENCY and,
solely for the purpose of this mdemn�fication and defense, the CONSULTANT specifically waives any immumty under
the state mdustrial msurance law, T�tle 51 RCW
Unless otherwise spec�fied m the AGREEMENT, the AGENCY shall be respons�ble for admmistration of construction
contracts, if any, on the PROJECT Sub�ect to the processmg of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On-Call ass�stance to the AGENCY dunng contract admmistration By
providmg such assistance, the CONSULTANT shall assume no respons�bil�ty for proper construction techniques, �ob
site safety, or any construchon contractor's fa�lure to perform rts work m accordance wrth the contract documents �
The CONSULTANT shall obtam and keep m force dunng the terms of the AGREEMENT, or as otherwise required,
the followmg msurance wrth compames or through sources approved by the State Insurance Comm�ssioner pursuant to
Trtle 48 RCW
Insurance Coverage
A Worker's compensation and employer's l�abil�ty msurance as required by the STATE
B Commerc�al general l�ability and property damage msurance m an aggregate amount not less than two mill�on
dollars ($2,000,000) for bod�ly m�ury, mcludmg death and property damage The per occurrence amount shall
not exceed one mill�on dollars ($1,000,000)
C Veh�cle hability msurance for any automob�le used �n an amount not less than a one mill�on dollar ($1,000,000)
comb�ned smgle hmrt
Exceptmg the Worker's Compensat�on Insurance and any Professional Liabil�ty Insurance secured by the
CONSULTANT, the AGENCY w►11 be named on all policies as an additional msured The CONSULTANT shall
furn�sh the AGENCY wrth verificat�on of msurance and endorsements requ�red by the AGREEMENT The AGENCY
reserves the r�ght to requ�re complete, cert�fied copies of all requ�red msurance pol�cies at any time
All msurance shall be obtamed from an msurance company author�zed to do busmess m the State of Washmgton The
CONSULTANT shall subm�t a verificat�on of msurance as outlmed above withm fourteen (14) days of the execution of
th�s AGREEMENT to the AGENCY
No cancellahon of the foregoing poLcies shall be effect�ve wrthout th�rty (30) days prior not�ce to the AGENCY
The CONSULTANT'S professional habihty to the AGENCY shall be l�mrted to the amount payable under th�s
AGREEMENT or one milhon ($1,000,000) dollars, whichever is the greater, unless mod�fied by Exh�brt "L" In no
case shall the CONSULTANT'S profess�onal l�abihty to third part�es be I�mrted m any way
Page 6 of 8
The AGENCY will pay no progress payments under Sect�on V until the CONSULTANT has fully complied wrth th�s
section This remedy �s not exclusive, and the AGENCY and the STATE may take such other achon as �s available to rt
under other provis�ons of this AGREEMENT, or otherwise m law
XIV Extra Work
A The AGENCY may at any time, by wr�tten order, make changes withm the general scope of the AGREEMENT m
the services to be performed
B If any such change causes an �ncrease or decrease m the est�mated cost of, or the t�me required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherw�se affects any other
terms and condrt�ons ofthe AGREEMENT, the AGENCY shall make an equitable adJustment m the (1) max�mum
amount payable, (2) delivery or completion schedule, or both, and (3) other affected terms and shall mod�fy the
AGREEMENT accordmgly
C The CONSULTANT must subm�t any "request for equ�table ad�ustmenY', hereafter referred to as "CLAIM", under
th�s clause withm th�rly (30) days from the date of recetpt of the written order However, if the AGENCY dectdes
that the facts �ustify it, the AGENCY may recetve and act upon a CLAIM subm�tted before final payment of the
AGREEMENT
D Failure to agree to any adJustment shall be a d�spute under the D�sputes clause However, nothmg m th�s clause
shall excuse the CONSULTANT from proceedmg with the AGREEMENT as changed
E Notw�thstandmg the terms and cond�tions of paragraphs (A) and (B) above, the max�mum amount payable for this
AGREEMENT, shall not be �ncreased or considered to be mcreased except by specific wntten supplement to this
AGREEMENT
XV Endorsement of Plans
If applicable, the CONSULTANT shall place the�r endorsement on all plans, est�mates, or any other engmeermg data
furnished by them
XVI Federal and State Review
The Federal Highway Admm�stration and the Washmgton State Department of Transportahon shall have the nght to
participate m the review or exammat�on of the work m progress
XVII Certification of the Consultant and the Agency
Attached hereto as Exhtbrt "M-1(a and b)" are the Certifications ofthe CONSULTANT and the AGENCY, Exh�brt "M
-2" Certification Regardmg Debarment, Suspens�on and Other Respons�bil�ty Matters - Pr�mary Covered Transactions,
Exhib�t "M-3" Cert�ficat�on Regardmg the Restr�cttons of the Use of Federal Funds for Lobbymg and Exhibrt "M-4"
Cert�ficate of Current Cost or Pncmg Data Exhib�t "M-3" is required only m AGREEMENTS over $100,000 and
Exh�bit "M-4" �s required only m AGREEMENTS over $500,000
XVIII Complete Agreement
This document and referenced attachments contam all covenants, stipulations, and provisions agreed upon by the
parties No agent, or representative of e�ther party has author�ty to make, and the part�es shall not be bound by or be
l�able for, any statement, representation, promise or agreement not set forth herem No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed m several counterparts, each of wh�ch shall be deemed to be an
arigmal havmg �dentical legal effect The CONSULTANT does hereby ratify and adopt all statements, representat�ons,
warranties, covenants, and agreements contamed m the proposal, and the supportmg mater�al submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all ofthe terms and condrtions thereof
Page 7 of 8
in witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT
By
• ��
Consultant Parametrix, Inc
By
Age
�
ncy Crty o remerton
DOT Fortn 140-089 EF
Revised 3/2008 Page 8 of 8
EXHIBIT A-1
Scope of Work
City of Bremerton
Pacific Avenue Improvements
Enqineerinq Services
INTRODUCTION
The Pacific Avenue Improvements pro�ect consists of roadway, non-motor�zed transportation and
stormwater improvements on Pacific Avenue between 6�' and 11�',Streets Th�s Scope of Work (SOW)
describes our proposed work activities associated with engmeermg des�gn and completion of plans and
special provisions necessary to bid and construct the improvements durmg summer 2013 Work will be
based on the origmal 100% plan set delivered by Parametrix m July 2011 Revisions to this design will
be mcorporated and final Bid Set plans and Spec�al Provisions will be delivered
The followmg tasks are associated with this SOW
Task 01 — Project Management
Objective: Obtam proJect data, develop pro�ect work plan, momtor and manage scope, schedule and
budget, and periodically meet with City staff and other members of the design team to review
pro�ect status
Activities: The followmg achvrties are associated wrth this task
• Schedule, prepare for, attend, and document up to three proJect meetmgs that will mclude
the Consultant and Crty staff, either m person or by conference call
� Pro�ect kickoff
y Revised 100% design review meetmg
y Final design review meetmg
• Manage and direct the pro�ect techmcal team
Provide routme pro�ect management and commumcations (scope, schedule, budget,
mvoicmg, etc )
• Prepare detailed monthly progress reports and progress billmgs and submit to the City for
approval and payment The monthly report will mclude
y A narrative of the work performed and the tasks to be performed m the next
reportmg period, and, if necessary, explanation of delays, problems, responsive
action requirements by the Consultant and the City, and other pro�ect needs
z An update on schedule progress
Crty of Bremerton 237-1896-854
Pacific Avenue Engineenng Services 1 , January 3l 2013
y A summary of actual versus scheduled costs
Debverables: The followmg deliverables will be prepared
• Routme correspondence mcluding monthly progress reports
• Meetmg agendas and notes
Assumptions: The followmg assumptions apply to this task
• The duration of the pro�ect �s estimated to be eleven months (February through December
2013)
Task 02 — Traffic Study
Ob�ective: Conduct traffic studies for evaluation of the 6�' and Pacific mtersection The purpose of the
work is to determme if the proposed mtersection s�gnals are required or if they can be
replaced wrth a 4-way stop If the signals are not required, the proposed ra�sed mtersection
will be retamed if the signals are required, the ra�sed mtersection will be removed
Assoctated design achvit�es for removal of the ra�sed mtersection work will be completed
under Task 5
Approacb The followmg activities will be performed
• A subconsultant (All Traffic Data) will be retamed to perform traffic counts
• Perform a signal warrant analysis m accordance with the latest MUTCD manual
Dellverables: The followmg deliverables are associated with th�s task
Brief techmcal memoranda presentmg the traffic counts, warrant analysis results, and
recommendations
Assumptions: The followmg assumptions are associated with this task
� Traffic counts will be performed on the approach legs m all four directions for a total of
four consecutive calendar days dur�ng the mid-week
• Manual pedestnan/bicycle counts w�ll not be requ�red
Task 03 — Electrical Design
Objective: Replace the origmally-designed double-mast lummaires wrth Crty proposed double-mast
Lumec lummaires Dependmg on the results of the traffic study, remove the new signal
system(s) from the plans
Approach The followmg activrties will be performed
• Review existmg illummahon design by SVR/TresWest revise as needed and mcorporate
design �nto "Other Electrical Systems" Plans prepared by Parametrix. Plans will be re-
trtled "Illumination and Electrical Systems"
Gty of Bremerton 237-1896-854
Pacrfrc Avenue Engrneenng Servrces 2 January 31, 2013
• Revise plans as necessary to delete the s�gnal system(s)
DeLverables: The followmg del�verables are associated wrth this task
• Deliverables w�ll consist of revised design sheets provided under Task 5
Assumptions: The followmg assumptions are associated wrth this task
o A lumen study usmg the proposed Lumec lummaires will be performed by the Crty
• The existmg lummatre locations will not change sigmficantly such that revisions to
roadway, sidewalk, or driveway geometncs are requ�red
• The Lumec lummare and associated details will not be drafted m CAD, mstead, vendor
cut sheets will be mcluded m an appendix to the specifications
• No revisions will be necessary to the existmg electrical plans for the "Other Electrical"
design other than to accommodate addrtion of rev�sed lummaire des�gn
• No revisions will be necessary to the ex�shng electrical or illummation plans between 9�'
and 11`" to accommodate the overhead power lmes to remam
Task 04 — Drainage and Paving Design
Objective: Revise pavmg and dramage des�gn that proposed full width pervious concrete to
accommodate standard HMA driving lanes and pervious concrete parlcmg lanes
Approach The followmg achvrties w�ll be performed
• Review dramage report and design prepared by SVR
• Redesign and revise pavmg and dramage sheets
Deliverables: The followmg deliverables are associated with this task
• Deltverables w�ll cons�st of rev�sed design sheets provided under Task 5
Assumptions: The followmg assumptions are associated wrth this task
• Standard asphalt section shall consist of 6 mches of HMA underlam by 6 mches of
crushed surfacmg top course
• Dramage design work will cons�st of ver�ficat�on of previous work by SVR and
ad�ustment of dramage per revised des�gn
• Infiltration beds will be sized with a width to match the parlang lanes and a thickness of
aggregate discharge subbase of 12 mches to match the origmal design The predicted
mfiltration volume usmg th�s design will be calculated and provided to the City
• City will provide water and samtary design for evaluation of pipe conflicts by Parametrix
Crry of Bremerton 237-1896-854
Pacrfic Avenue Engmeenng ServJCes 3 January 31 20/3
Task 05 — Revised 100%, Final, and Bid Set Plans, and Specifications and Estimate
Objective: Based on prev�ous design data and files, prepare Revised 100%, Final, and Bid Set plans, and
specifications It is antic�pated that the work will not require sigmficant changes to road
geometrics An exception is parkmg m front of the post office, which will be revised to back-
m angled parkmg
Achvities: The followmg activities would be performed as part of this task
• The Rev�sed 100%, Final, and Bid Set plans completed and sealed by Parametrix will
consist of the followmg sheets
➢ Cover Sheet wrth Vicm�ty and Location Map
➢ Key Map and Index Sheet
➢ Legend Sheet
➢ Survey Control Sheet
➢ Existmg Condrtion Plans (2 Sheets)
➢ Site Preparation and Demol�tion Plans (2 Sheets)
➢ Typical Roadway Sections (2 Sheets)
➢ Detailed Pavmg Plans (6 Sheets)
➢ Pavmg Profiles (4 Sheets)
➢ Hardscape and Streetscape Details (5 Sheets)
➢ Dramage Plan and Profiles (4 Sheets)
➢ Dramage Details (4 Sheets)
➢ Illummation Plans and Details (3 Sheets)
➢ Other Electrical Systems Plans and Details (3 Sheets)
➢ Channelization and Sigmng Plans (4 Sheets)
➢ Jomt Utilrty Trench Plans (2 Sheets)
• Prepare Revised 100%, Final, and Bid Set Special Provisions
• Provide support for City developed cost estimate mcludmg quantrties and cost
mformation
Del�verables: The followmg deliverables are associated with this task:
Crty of Bremerton 237-/896-854
Pac�frc Avenue Engmeenng Services 4 January 31, 2013
• Three hard copy sets of Revised 100%, Final, and Bid Set Plans on 11x17, Contract
Documents and Special Prov�sions
• Three hard copies and one pdf set of sealed Bid Set Plans on full s�zed sheets
• AutoCAD and pdf files of all drawmgs and documents — provtded on CD
Assumptions: The followmg assumpttons are associated with this task
• Two schematics showmg back m angle parkmg options wrth vehicle movements will be
submitted
• Existmg design drawmgs by others will be provided by the City m CAD format
• One set of consol�dated review comments each will be received for the Revised 100%
and Final Plans and Spec�al Provisions
• Review comments to Final Plans and Special Provisions will be mimmal
• The City will provide the final legal documents and compile the Contract Documents
Task 06 — DIRECTED SERVICES
Objective: Provide addihonal techmcal services as requested and authorized m writmg by the City
Activities: The followmg activ�ties may be associated wrth th�s task
• Addrtional design tasks
• Engmeering support durmg biddmg
• Production of conformance documents
• Engmeermg support during construction
De6verables: The followmg deliverables will be prepared
• Informahon associated wrth directed services
Assumptions: The followmg assumptions apply to this task
• Work under this task will require prior wntten authorization from the Crty
Gry of Bremerton 237-/896-854
Pacrfic Avenue Engrneenng Servrces 5 January 31. 2013
Schedule
Work Element Completed By
Notice to Proceed February 6, 2013
Traffic Counts February 15, 2013
Signal Warrant Analysis
Rewsed 100% Plans and Special Provisions
Final Plans and Special Provisions
Bid Set Plans and Special Provisions
Advertise for Bid
February 22, 2013
February 28, 2013
March 15, 2013
Apnl 1, 2013
April 15, 2013
� Pro�ect Close Out December, 31 2013
NOTES •
The assumed turn-around time for Crty review
is 1 week
�
Crry of Bremerton 237-1896-854
Pacefrc Avenue Engrneenng Servtces 6 January 31, 2013
Budget Summary
TASKS 1-5 LABOR, OVERHEAD, PLUS FIXED FEE
EXPENSES
SUBCONSULTANT (ALL TRAFFIC DATA)
$66,618
$519
$1,500
TOTAL AMOUNT AUTHORIZED $68,637
TASK 6 DIItECTED SERVICES (MANAGEMENT RESERVE) $6,863
GRANDTOTAL ......................................................................................................... $75,500
See Exhibrt E-1 for a detailed breakdown of costs
City of Bremerton 237-1896-854
Pacrfic Avenue Engmeerrng Servrces 7 January 31, 2013
Exhibit C
Electronic Exchange of Engineering and Other Data
In this E�ibrt the agency, as applicable, is to provide a description of the format and standards the
consultant is to use m preparmg electromc files for transmission to the agency The format and standards to
be provided may mclude, but are not limrted to, the followmg
I Surveymg, Roadway Design & Plans Preparation Section
A Survey Data
B Roadway Des�gn Files
C Computer Aided Draftmg Files
D Spectfy the Agency's Right to Review Product w�th the Consultant
E Specify the Electromc Deliverables to Be Provided to the Agency
F Specify What Agency Furnished Services and Information Is to Be Provided
II Any Other Electronic Files to Be Provided
III Methods to Electromcally Exchange Data
A Agency Software Su�te
B Electromc Messagmg System
C F�le Transfers Format
DOT Form 140-089 EF Exhibit C
Revised 6/05
Exhibit D-2
Payment (Cost Plus a Fixed Fee)
The CONSLILTANT shall be paid by the AGENCY for completed work and serv�ces rendered under th�s
AGREEMENT as provided heremafter Such payment shall be full compensation for work performed or
services rendered and for all labor, materials, supplies, equipment, and mcidentals necessary to complete the
work spec�fied m Section II, "Scope of Work " The CONSi1LTANT shall conform to all applicable portions of
48 CFR Part 31
A Actual Costs Payment for all consultmg serv�ces for th�s PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee The actual cost shall mclude direct salary cost,
overhead, dtrect non-salary costs, and fixed fee
�
D�rect Salary Costs The Direct Salary Cost is the direct salary paid to prmcipals,
professtonal, techmcal, and cler�cal personnel for the time they are product�vely
engaged m work necessary to fulfill the terms of this AGREEMENT The
CONSULTANT shall mamtam support data to verify the direct salary costs billed
to the AGENCY
Overhead Costs Overhead Costs are those costs other than direct costs, which are
mcluded as such on the books of the CONSLJLTANT m the normal everyday
keepmg of its books Progress payments shall be made at the rate shown m the
headmg of this AGREEMENT under "Overhead Progress Payment Rate " Total
overhead payment shall be based on the method shown m the headmg of the
AGREEMENT The two opt�ons are explamed as follows
a Fixed Rate If this method is mdicated m the headmg of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT far overhead at the
percentage rate shown This rate shall not change durmg the life of the
AGREEMENT
b Actual Cost If this method is indicated m the headmg of the AGREEMENT the
AGENCY agrees to re�mburse the CONSt1LTANT the actual overhead costs
verified by audrt, up to the Maximum Total Amount Payable, authorized under
this AGREEMENT, when accumulated with all other Actual Costs
A summary of the CONSiJLTANTS cost est�mate and the overhead
computatton is shown m E�ibrt "E" attached hereto and by this reference made
part of this AGREEMENT When an Actual Cost method is used, the
CONSLJI,TANT (pr�me and all sub-consultants) will submit to the AGENCY
withm s�x (6) months after the end of each firm's fiscal year, an overhead
schedule m the format required by the AGENCY (cost category, dollar
expenditures, etc ) for the purpose of ad�ustmg the overhead rate for billmg
purposes It shall be used for the computation of progress payments durmg the
followmg year and for retroact�vely ad�ustmg the prev�ous year's overhead cost
to reflect the actual rate
DOT Form 140-089 EF Exhibit D-2
Revised 6/08
Fatlure to supply this mformatton by erther the prime CONSULTANT or any of their sub-
consultants shall cause the AGENCY to wrthhold payment of the billed overhead costs until
such hme as the required mformatton is received and an overhead rate for billmg purposes is
approved'
The AGENCY, STATE and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular busmess hours to determme
the actual overhead rate, if they so desire
Direct Non-Salary Costs D�rect Non-Salary Costs will be reimbursed at the Actual Cost to
the CONSIILTANT These charges may mclude, but are not limited to, the followmg
rtems travel, prmtmg, long distance telephone, supplies, computer charges and sub-
consultant costs
a Air or tram travel will be re�mbursed only to economy class levels unless
otherwise approved by the AGENCY The CONSULTANT shall comply with
the rules and regulattons regardmg travel costs (excludmg air, tram, and rental
car costs) m accordance with the AGENCY'S Travel Rules and Procedures
However, air, tram, and rental car costs shall be re�mbursed m accordance wrth
48 CFR Part 31 205-46 "Travel Cost
b The billmg for Direct Non-Salary Costs shall mclude an rtemized listmg of
the charges directly identifiable wh the PROJECT
c The CONSLJLTANT shall mamtam the origmal supportmg documents m the�r
office Copies of the or�gmal supportmg documents shall be supplied to the
AGENCY upon request
d All above charges must be necessary for the services provided under this
AGREEMENT
Fixed Fee The Fixed Fee, wh�ch represents the CONSiJLTANT'S profit, is shown m the
headmg of this AGREEMENT under Fixed Fee This amount does not mclude any
addrtional Fixed Fee, wh�ch could be authorized from the Management Reserve Fund This
fee is based on the Scope of Work defined m th�s AGREEMENT and the estimated person-
hours required to perform the stated Scope of Work In the event the CONStJLTANT
enters mto a supplemental AGREEMENT for additional work, the supplemental
AGREEMENT may mclude provisions for the added costs and an appropnate addrtional
fee The Fixed Fee will be prorated and pa�d monthly m proportion to the percentage of
work completed by the CONSiJLTANT and reported in the Monthly Progess Reports
accompanymg the billmgs Any portion of the Fixed Fee earned but not prevtously paid m
the progress payments will be covered m the final payment, sub�ect to the provisions of
Sectton IX entrtled "Termmatton of Agreement "
Management Reserve Fund The AGENCY may des�re to establ�sh a Management Reserve
Fund to provide the Agreement Admimstrator wrth the flexibility to authorize addrtional
funds to the AGREEMENT for allowable unforeseen costs, or reimbursmg the
CONSULTANT for addrtional work beyond that already defined m this AGREEMENT
Such authorization(s) shall be m wrtting and shall not exceed
the lesser of $100,000 or 10% of the Total Amount Authorized as shown m the headmg
of this AGREEMENT The amount mcluded for the Management Reserve Fund is
shown m the headmg of th�s AGREEMENT This fund may not be replemshed Any
changes requirmg addrtional costs m excess of the Management Reserve Fund shall be
made m accordance with Section XIV, "Extra Work "6 Max�mum Total Amount
Payable The Maxtmum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown m the
headmg of this AGREEMENT The Maacimum Total Amount Payable is comprised of
the Total Amount Authorized, and the Management Reserve Fund The Max�mum
Total Amount Payable does not mclude payment for Extra Work as stipulated m
Sect�on XIV, "Extra Work " No minimum amount payable �s guaranteed under this
AGREEMENT
B Monthly Progess Payments The CONSULTANT may submit billmgs to the AGENCY for
re�mbursement of Actual Costs plus the calculated overhead and fee on a monthly basis durmg the
progress of the work Such billings shall be m a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT The billmgs will be supported by an rtemized listmg for each rtem mcludmg
Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the
prorated Fixed Fee To provide a means of verifymg the billed salary costs for CONSULTANT
employees, the AGENCY may conduct employee mterviews These mtervtews may consist of
recordmg the names, t�tles, salary rates, and present duties of those employees performmg work on
the PROJECT at the time of the mterview
C Final Payment Final Payment of any balance due the CONSLTLTANT of the gross amount earned
will be made promptly upon �ts verification by the AGENCY after the completion of the work
under thts AGREEMENT, conttngent upon receipt of all PS&E, plans, maps, notes, reports,
electromc data and other related documents which are requ�red to be furnished under this
AGREEMENT Acceptance of such Final Payment by the CONSiJLTANT shall constitute a
release of all claims for payment, which the CONSiJLTANT may have agamst the AGENCY
unless such claims are specifically reserved m wrrtmg and transmitted to the AGENCY by the
CONSiJLTANT prior to its acceptance Satd Final Paymeht shall not, however, be a bar to any
clatms that the AGENCY may have agamst the CONSi1LTANT or to any remedies the AGENCY
may pursue with respect to such claims
The payment of any billmg will not constitute agreement as to the appropriateness of any item
and at the time of final aud�t, all requ�red ad�ustments will be made and reflected m a final payment
In the event that such final audit reveals an overpayment to the CONSLJLTANT, the
CONSULTANT will refund such overpayment to the AGENCY wrthm thtrty (30) days of notice of
the overpayment Such refund shall not constttute a waiver by the CONSULTANT for any claims
relatmg to the validity of a findtng by the AGENCY of overpayment The CONSLILTANT has
twenty (20) days after receipt of the final POST AUDIT to begm the appeal process to the
AGENCY for audrt findmgs
D Inspectton of Cost Records The CONSiJLTANT and their sub-consultants shall keep available for
mspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts perta�mng to this
AGREEMENT and all �tems related to or beanng upon these records with the followmg exceptton
if any lrttgahon, claim or audrt arismg out of, m connection wrth, or related to this contract is
mitiated before the expiration of the three (3) year period, the cost records and accounts shall be
retamed until such lrt�gation, clatm, or audrt mvolvmg the recards is completed
Exhibit E-1
Consultant Fee Determmation - Summary Sheet
(Cost Plus Fixex Fee )
Pro�ect Pacific Avenue Improvements Engineer�ng Services
Direct Salary Cost (DSC)
Classification
Pro�ect Manager (David Dinkuhn)
Engineerlll(Dean Zavack)
Engineer III (Brian Woodburn)
Senior Engmeer (Ryan Abbotts)
Engineer IV (Jack Wright)
Senior Engineer (Kewn House)
Semor Engineer (Bob Franklin)
CADD
Word Processmg
Accounting
Pro�ect Support
Man Hours =
105 X
100 X
14 X
4 X
88 X
6 X
50 X
150 X
15 X
6 X
12 X
X
X
X
X
X
Rate
$48 17
$33 00
$36 67
$49 69
$42 02
$60 55
$70 00
$25 00
$25 00
$26 95
$2135
Total DSC
= Cost
$5,057 85
$3,300 00
$513 38
$198 76
$3,697 76
$363 30
$3,500 00
$3,750 00
$375 00
$161 70
$256 20
$0 00
$0 00
$0 00
$0 00
$0 00
_ $21,173 95
Overhead (OH Cost -- including Salary Additives)
OH Rate x DSC of 199 83 % x$ $21,173 95 $42,31190
Fixed Fee (FF)
FF Rate x DSC of
Reimbursables
Expenses
Grand Total
$2,018 88
$2,018 88
$68,636 36
Prepared By David Dinkuhn Date 1/30/2013
14 79 % x $ $21,173 95 $3,13163
DOT Form 140-089 EF Exhibit E-1
Revised 6/OS
Exhibit F
�
� Washongton State
Departunent o� '6'r�u�sporY�Bioaa
Paula J. Oiammond, 6�.�.
Serxetary of Transportalion
May 30, 2012
Janice Walden, Sen�or Financial Analyst
Pa�aniehix, Inc
1002 15`�' Street, Suite 220
Aubun�, WA 98001-G502
RE. Parametrix Overhead Schedule
Fiscal Year �nd December 30, 2011
Dear Ms. Walden:
Transportation Buddtng
310 Maple Park Avenue S E
P O Box 47300
Oiympia, WA 985D47300
360-705-7000
1'TY 1-800-833-6388
www wsdot wa gov
We have completed a desk review of your overhead scl�edule foi the above referenced
fiscal year. Our review ii�cluded the docwnentation piovided by Parametiix.
The sclledule w�s audited Uy the Clatk NuUei, CPAs, for compliance with Part 31 of the
Federal Acquisition Regulations Clark Nuber accepted an overhead rate for the yefu
ended December 30, ZO11, at 199 83% of direct laUor.
Based on our ieview of the Clarlc Nuber Audit Report, we are issuutg this letter of review
establislung Paramehix overhead iate for the fiscai year ending December 30, 2011, at
199.83°/a of diiect labor. This rate does include Facilities Cost of Capital of 0 76%
Costs billed to actual agreements w�ll sttll Ue subject to audit of actual costs.
Please check with� the WSDOT Consultant Services O�ce (�IQ) and/or the WSDOT
Area Consultant Liaison to detei7nine when tliis reviewed rate will be applicable to your
WSDOT agreement(s).
Also, remember tl�at when you piovide next year's oveihead schedule to our office, you
wilI also need to submit eitlier your internally prepared Conrpe�rsahon Analysra foi oui
ieview, or use the National Compe�isalion �Ylnh �s (NCM) foi�niat to pteplie yo�u
alternate a�ialysis az�d we will ieview that. Tlie NCM is a tool that estabhshes
compensation amounts presumed reasonable foi certain executive positions. The
Conrpensnttot� Analysis a�id NCM are described further in the AASHTO Audit Guide,
Chapter 7 We will need youi Conrpeltsalio�r �l�rn/ysls, or alternative a�ialysis based on
use of the NCM, in order to complete our review of youi oveiliead schedttle.
Para�netrix, Inc
May 30, 2012
Page 2
If you, or any repiesentatives of Parametrix, l�ave any questions, please contact
Martha Roacli, Jeii Sivettson, or Steve McICeiney at (360) 705-7003
Sincerely, �
� �� I �
Martlia S. Roach
Agieement Complia�ice Audit Manager
MR:ds
Enclosure
cc• Steve McKeniey, Director of Ii�ternal Attdit
Jeri Sivertson, Assistant Directoi of Internal Audit
Larry Scliofield, MS 47323
Karen Ledbetter, CPA, Senioi Ma�iagec of Clark NuUer,
rile
�
1
i
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i
:
�
�
PARAMETRIX, INC. AND SUBSIDIARY
Co�rsolidated Statel�rent of D�rect Labo�, Fi�iiige Benefrts rrud General Ovei•/read
For tlre Ffscal Year Eirde�l Dece��ibe�• 30, 201Y
Ge�iem! Lcdger Dnlm¢c
jordiaRscal)enrBrrAed Una!louab/e ProposeA
Dearipdmi DearnGer30, 20i1 E.cpentes Re An�wuu Pacenf
DlroelLebo� S 17,340,&18 S - S 17,348.838 100 ODY.
Fringo BeneSta
VaC81bn, Siok LeevB� HOlidey3 3,787�880 3.787,880 21724e
PaymU Taxas 2,875,182 (75,285) F 2,859,897 18.48Ye
Medleal Insurdnce 3,316,574 9,915,874 1911%
ESOP Raliremeni Plan BOD 000 600,U00 3 48°.b
Total Fdngu BenaOls r 10,558,818 (18,285) 10,643,351 80 77Y.
(ianeral Overheed
AdmlNshaUve Salartes 8,810,b10 (&R,788) p 9,624,724 4814%
TraiNng Selariee 280,128 T80,129 15D;5
BonuseslMtacSatedes 7SB,223 (95,873) B 682,350 38296
Markeling Salarles 1,024,149 (1,332) C 1.02Z.817 5.9DYo
Bid and Proposal Selarise 2,Bg8,822 2,698,922 1S.54Yo
AdveiUsl� Expense 130,777 (78,187) D 51,810 0.30%
MarkelingExpenses 218,811 (40,868) E 178,045 103�5
Excise Taxes 670,838 8T0,838 3 6755
Insuranae ` 7B1,923 787,923 A 5196
Oflica Ren! 3,728,359 3,728,359 21 4855
Omce Expenses & Suppltes 178,88! (28,259) O 149,605 o B6°5
Sleff AppreciaUon, Awards 74,985 (38,752y H 38,233 0 2196
PdnUnp, CoplerlPdnter Supplles 317.604 (988) I 316,518 18295
Billwl In-house Prinling (483,585) (493,585) •2 85%
Telephone 332,941 332,841 192,5
Oepteclallon (Indudinp gffinlloss on dlsposal) 1,838,823 1,B3B,B23 10.8055
BusNess Meals 58,713 (68,713) J 0 OOYe
Aulo Expense 248,443 (28) K 248,417 1 43°,6
Blped In-house M9eaga (385.453) (388,483) -2 719'.
OflkeTravel 385,9A1 (9,818) L 378,122 21795
SLbscripliorre, Llbrary Material 44,80T 44,907 0 269L
� 90,229 (9,821) M 80,408 046;5
DonaUons 28,089 (28,088) N 00046
ProfeSSionelUcenses 13,847 13,647 D OB45
Poslage, Couriers, Frelght 37,180 37,180 0 2196
TraNInglEduealbn 948,814 (15,058) p 330,55g � g�g;
Field EqutpmentlSupplies 24,142 24,142 0.14%
SurveyEqulpmenUSup�lea 28.875 28,875 078°,:
Heailit & Setely EqulpmeoUSuppUes 3,113 3,113 0 01°.6
EleeMwlEqulpmenUSuppllea 1,250 1,250 00146
BWed In-house Equlpment (122,180� (89,713) p (211,893) -7 22%
Ofifee Fumllure 8,SS4 8,654 0 OS%
Omce Equtpmenl 476,870 418,870 2 407G
Compuler Supptles/Sofiwaru 1,242,�88 (8,28D) p 1,238,788 71254
Biqed In house Computer Charpes (38,048) (35,048) -0 20Ye
Rerruilin9 �91s 28,072 (10) R 28.062 018'h
Payfotl. Leg� 8 Audit 207,828 (17,2D3) S 19D,823 1 109e
Tamporary Le6or b8,03B 59,038 0 34%,
ConsulUngSeMces 431,407 (S,A98) T 425,909 2q5°,5
Emptoyee RelxaUnn Cosla 10,855 10,655 0 OB%
BedDebt9 80,760 (80,780) U OOOYe
Of1lceMovtnplRemodeling 18,044 18,044 01095
PersOnal PmpeAyTexea 78,652 78,882 0 454'e
UlllWeslBUlidinp Melnlanence 182,639 182,539 1 OS°6
(Nereal, Bank Charges 9,380 (969) V 8,411 0 OS'K
Tolal Qeneral Overhead 24.693,587 1701,967) 23,991,600 13828%
Tolal Ovorhead CosLv S 35,252,163 S 717,232 S 34,534,951 189 06Y.
Overhead Rato (Lass FCC) ° °
20.7 20Ya 78B OBYe
FacAflles Cost of CapiW S 132,889 W �� 0 76�
5 34,88T,840
Overhaad Rale nneludea FCC) °
19B 83Ye
See accorupa�tyuig �roles (Co�tlunred)
-Z-
PARAMETRIX, INC. AND SUBSIDIARY
Corrso/idated Stateiiteat of DPi ect Labor, Frh�ge Beuefrfs att�l Geuei�a! Ove� l�e�d (Coutinrred)
Fo�• the Fiscal Year E�rded Dece��tber 30, 2011
Refe� ences
Parametrix Adjustments
Parametrix inc. Overhead Audited by Clark Nuber
A Legal costs incurred in defense of contract pertormance issues per 48 CFR 31.205-47(fl(5)(A); Collection
costs unallowabie per 48 CFR 31.205-3, Direct project costs unallowable per 48 CFR 31 202(a)
B. Share value based bonuses unallowable per 48 CFR 31 205-6(i); Personal vehtcle use unallowable per
48 CFR 31 205-6(m)(2); Unallowable pr(or penod compensation 31 205-6(a).
C Trade show salary cost unallowable per 48 CFR 31 205-1(�(2), Sponsorship cost unallowable per 48
CFR 31.205-1(fx3)
D. Advert(sing unallowable per 48 CFR 31.205-1(b)
E. Excess lodg�ng and per diem unallowable per 48 CFR 31 208-14, 31 205-46, Entertatnment unalloweble
per 48 CFR 31.205-14
F. Fringe beneftts associated wlth labor deemed unaliowable per 48 CFR 31 201-6(e)(2).
G. Gifts unallowable per 48 CFR 31 205-13(b).
H Entertainment unallowable per 48 CFR 31 205-14, Excess per diem unallowable per 48 CFR 31.205-06.
I. Advertising unallowable per 48 CFR 31.205-1(b).
J. Local meals unallowable per 48 CFR 31 205-14
K. Personal use portion of vehicle allowanae per 4B CFR 31205-6(m)(2)
L. Excess lodging and per d(em unallowable per 48 CFR 31 205-46; Entertainment unallowable per 48 CFR
31.205-14
M Dues to social clubs unallawable per 48 CFR 31 205-1(�(7), 31 205-14; Lobbying unallowable per 48
CFR 31 205-22.
N. DonaUon unallowable per 48 CFR 31.205-8.
O Excess per d(em unallowable per 48 CFR 31 206-46; Aicohol unalloweble per 48 CFR 31 205-51
P. Dfrect proJect costs unallowable per 48 CFR 31.202(a).
Q. Dlrect proJect costs unallowable per 48 CFR 31.202(a).
R. Excess lodging and per diem unallowable per 48 CFR 31 205-48.
5 Legal costs incurred in defense of contract performance issues per 48 CFR 31 205-47(fl(5)(A), 31 201-
6(a); Dfrect proJect costs unallowabie per 48 CFR 31 202(a).
T Direct project costs unallowable per 48 CFR 31.202(a).
U Bad debt unallowable per 48 CFR 3�1.205-3.
V Interest unaliowable per 48 CFR 31 2Q5-20, Penalties unallowable per 48 CFR 31.205-15(a).
W. Cost of money adjustments per 48 CFR 31 205-10(a).
See acconipa�rying rrotes.
-3-
Exhibit H
Title VI Assurances
Durmg the performance of this AGREEMENT, the CONSULTANT, for itself, its ass�gnees, and successors m
mterest agrees as follows
Compliance wrth Regulations The CONSULTANT shall comply wrth the Regulations relative to non-
discrimmation m federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (heremafter referred to as the "REGULATIONS"), which
are herem mcorporated by reference and made a part of this AGREEMENT
Non-discrimmation The CONSULTANT, wrth regard to the work performed durmg the
AGREEMENT, shall not discrimmate on the grounds of race, color, sex, or national origm m the selection
and retention of sub-consultants, mcludmg procurement of materials and leases of equ�pment The
CONSULTANT shall not participate erther directly or mdirectly m the discrimmation prohibrted by
Section 21 5 of the REGULATIONS, mcludmg employment practices when the AGREEMENT covers a
program set forth m Appendix B of the REGULATIONS
Solicitations for Sub-consultants, Includmg Procurement of Materials and Equipment In all solicitations
either by competitive biddmg or negotiations made by the CONSIJLTANT for work to be performed
under a sub-contract, mcludmg procurement of mater�als or leases of equipment, each potential sub-
consultant or suppl�er shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non-discnmmation on the grounds of race, color,
sex, or nahonal origm
4 Information and Reports The CONSiJLTANT shall provide all mformation and reports required by the
REGULATIONS or directives �ssued pursuant thereto, and shall permit access to rts books, records,
accounts, other sources of mformation, and rts facilities as may be determmed by AGENCY, STATE or
the Federal Highway Admmistration (FHWA) to be pertment to ascertam compliance wrth such
REGULATIONS, orders and mstructions Where any mformation required of a CONSULTANT �s m the
exclusive possession of another who fails or refuses to furnish th�s mformation, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtam the mformation
Sanctions for Non-compliance In the event of the CONSULTANT'S non-compliance with the non-
discrimmation provisions of th�s AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determme to be appropriate, mcludmg, but not limited to
Withholdmg of payments to the CONSiJLTANT under the AGREEMENT until the
CONSiJLTANT comphes, and/or, '
Cancellation, termmation, or suspension of the AGREEMENT, m whole or m part
DOT Form 140-089 EF Exhibit H
Revised 6/O5
Incorporation of Provisions The CONSULTANT shall mclude the provisions of paragraphs (1) through
(5) m every sub-contract, mcludmg procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or direchves issued pursuant thereto The CONSULTANT shall take such action
wrth respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcmg such prov�sions mcludmg sanctions for non-compl�ance
Provided, however, that m the event a CONSiJLTANT becomes mvolved m, or �s threatened wrth,
lit�gation wrth a sub-consultant or supplier as a result of such direction, the CONSiJLTANT may request
the AGENCY and the STATE enter mto such litigat�on to protect the mterests of the AGENCY and the
STATE and, m addition, the CONSULTANT may request the Umted States enter mto such litigation to
protect the mterests of the Umted States
�_
Exhibit I
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 termmation is to the
total work required for the PROJECT In addition, the CONSULTANT shall be paid for any authonzed 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 termmation �s
to the total work required for the Pro�ect In add�tion, the CONSULTANT shall be paid for any author�zed 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 termmation of this
AGREEMENT plus any direct nonsalary costs mcurred at the time of termmation of th�s AGREEMENT
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSiJLTANT for actual umts of work completed at the time of
termmation of this AGREEMENT
DOT Fortn 140-089 EF Exhibit I
Rewsed 6/05
Exhibit K
Consultant Claim Procedures
,
The purpose of this exhibit is to describe a procedure regardmg claim(s) on a consultant agreement The followmg
procedures should only be ut�lized on consultant claims greater than $1,000 If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps It �s suggested that the
Director of Public Works or Agency Engmeer negotiate a fair and reasonable price for the consultant's cla�m(s)
that total $1,000 or less
This e�ibit will outlme the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant
Step 1— Consultant Files a Claim with the Agency Pro�ect Manager
If the consultant determmes that they were requested to perform add�tional services that were outside of the
agreement's scope of work, they may be entitled to a claim The first step that must be completed is the
request for consideration of the claim to the Agency's pro�ect manager
The consultant's claim must outlme the followmg
• Summation of hours by class�ficarion for each firm that is mcluded m the claim,
• Any correspondence that directed the consultant to perform the additional work,
• T�meframe of the additional work that was outside of the pro�ect scope,
• Summary of d�rect labor dollars, overhead costs, profit and reimbursable costs assoc�ated with
the additional work, and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work
Step 2— Review by Agency Personnel Regardmg the Consultant's Cla�m for Addrtional Compensation
After the consultant has completed step 1, the next step m the process is to forward the request to the
Agency's pro�ect manager The pro�ect manager will review the consultant's claim and will met w�th
the Director of Public Works or Agency Engmeer to determme if the Agency agrees w�th the claim If
the FHWA is participatmg m the pro�ect's fundmg, forward a copy of the consultant's claim and the
Agency's recommendahon for federal participahon in the cla�m to the WSDOT H�ghways and Local
Programs th"rough the Reg�on Local Programs Engmeer If the cla�m is not el�g�ble for federal
participation, payment will need to be from agency funds
If the Agency pro�ect manager, Director of Public Works or Agency Engmeer, WSDOT H�ghways and
Local Programs (if applicable), and FHWA (if applicable) agree w�th the consultant's claim, send a
request memo, mcluding backup documentation to the consultant to either supplement the ageement,
or create a new agreement for the claim After the request has been approved, the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the cla�m Inform the
consultant that the final payment for the agreement is sub�ect to audrt No further actiom m �eeded
regardmg the claim procedures
DOT Fortn 140-089 EF Exhibit K
Rewsed 6/OS
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures
Step 3— Preparation of Support Documentation Regardmg Consultant's Claim(s)
If the Agency does not agee with the consultant's claim, the pro�ect manager shall prepare a summary
for the Director of Public Works or Agency Engmeer that mcluded the followmg
• Copy of mformation supplied by the consultant regardmg the cla�m,
• Agency's summation of hours by classification for each firm that should be mcluded m the
cla�m,
• Any correspondence that d�rected the consultant to perform the additional work,
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work,
• Explanation regardmg those areas m which the Agency does/does not agree with the
consultant's claim(s),
• Explanahon to describe what has been mst�tuted to preclude future consultant claim(s), and
• Recommendat�ons to resolve the claim
Step 4— Director of Public Works or Agency Engmeer Revtews Consultant Claim and Agency
Documentation
The Director of Pub�c Works or Agency Engmeer shall review and admimstratively approve or
disapprove the claim, or porttons thereof, which may mclude gettmg Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures) If the pro�ect
mvolves federal participation, obtam concurrence from WSDOT Highways and Local Programs
and FHWA regardmg final settlement of the claim If the claim is not el�g�ble for federal
participation, payment will need to be from agency funds
Step 5— Informmg Consultant of Decision Regardmg the Cla�m
The Director of Public Works or Agency Engineer shall notify (m writmg) the consultant of their final
decision regardmg the consultant's claim(s) Include the final dollar amount of the accepted claim
(s) and rationale utilized for the dec�sion
Step 6— Preparation of Supplement or New Agreement for the ConsultanYs Claim(s)
The agency shall write the supplement andlor new agreement and pay the consultant the amount of the
claim Inform the consultant that the final payment for the agreement is sub�ect to audit
Exhibit M-1(a)
Certification Of Consultant
Pro�ect No
Local Agency
I hereby certify that I am
��,�� s���
and duly authorized
whose address is
representative of the firm of Parametrix, Inc
4660 Krtsap Way, Ste A, Bremerton, WA 98312
firm I here represent has
and that neither I nor the above
(a) Employed or retamed for a comm�ssion, percentage, brokerage, contmgent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicrt or secure the AGREEMENT,
(b) Agreed, as an express or �mplied condition for obtammg this contract, to employ or retam the
services of any firm or person m connection with carrymg out this AGREEMENT, or
(c) Paid, or agreed to pay, to any firm, orgamzation or person (other than a bona fide employee
workmg'solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or m connection wrth, procurmg or carrymg out this AGREEMENT,
except as hereby expressly stated (if any),
I acknowledge that this certificate is to be available to the Washmgton State Deparhnent of
Transportation and the Federal Highway Admmistration, U S Department of Transportation m
connection wrth this AGREEMENT mvolvmg participation of Federal-a�d highway funds, and is
sub�ect to applicable State and Federal laws, both crimmal and civil
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�, � �
Signature
DOT Form 140-089 EF F�dnbit M-1(a)
Revised 6/05
/
Exhibit M-1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Bremerton
Washmgton, and that the consultmg firm or �ts representative has not been required, directly or mdirectly as an
express or implied condrtion m connection wrth obtammg or cariymg out this AGREEMENT to
(a) Employ or retam, or agree to employ to retam, any firm or person, or
(b) Pay, or agree to pay, to any firm, person, or orgamzation, any fee, contribution, donation, or
cons�deration of any kmd, except as hereby expressly stated (�f any)
I acknowledge that this certificate is to be available to the Washmgton State Department of
Transportation and the Federal Highway Admmistration, U S Department of Transportat�on, m
connection with this AGREEMENT mvolvmg participation of Federal-aid highway funds, and is
sub�ect to applicable State and Federal laws, both crimmal and civil
��� �6�
Date
�
ignature
DOT Fortn 140-089 EF Exhibit M-1(b)
Revised 6/05
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that �t and its
pnncipals
A Are not presently debarred, suspended, proposed for debarment, declared meligible, or
voluntarily excluded from covered transactions by any federal department or agency,
B Have not wrthm a three-year period precedmg this proposal been convicted of or had a civil
�udgment rendered agamst them for commission or fraud or a cnmmal offense m connection wrth
obtammg, attemptmg to obtam, or performmg 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, bnbery, falsification or destruction of records, malcmg false
statements, or receivmg stolen property,
C Are not presently mdicted for or otherwise crimmally or civ�lly charged by a governmental
entrty (federal, state, or local) wrth commission of any of the offenses enumerated m paragraph (I)
(B) of this certificarion, and
D Have not wrthm a three (3) year period precedmg th�s application/proposal had one or more
public transactions (federal, state, or local) termmated for cause or default
II Where the prospective primary partictpant is unable to certify to any of the statements m th�s
certification, such prospective participant shall attach an explanation to this proposal
Consultant (Firm} p�vnetr�x, Inc
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��Z� S'l.�
(Date) (Signature) President or Authonzed Official of Consultant
DOT Fortn 140-089 EF Exhibrt M-2
Revised 6/OS
Exhibit M-3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by sigmng and submittmg this bid or proposal, to the best of his or her
knowledge and belief, that
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for mfluencmg or attemptmg to mfluence 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 m connection with the awardmg of any Federal contract, the malang of any Federal
grant, the makmg of any Federal loan, the entermg mto of any cooperative ageement, and the
extension, contmuation, 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
mfluencmg or attemptmg to mfluence 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 Congess m
connection wrth this Federal contract, gant, loan, or cooperative agreement, the unders�gned shall
complete and submrt Standard Form-LLL, "Disclosure Form to Report Lobbymg," m accordance
with its mstructions
This certification is a material representation of fact upon which rel�ance was placed when this
transaction was made or entered mto Submission of this certification is a prerequisite for makmg
or entenng mto th�s transaction imposed by Sectton 1352, Trtle 31, U S Code Any person who
fails to file the required cert�fication 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 partic�pant also agrees by submittmg his or her bid or proposal that he or she shall
requtre that the language of this certification be mcluded m all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and d�sclose accordmgly
Consultant (Firm) parametrix, Inc
� 3 /- �3 � ���Z�
(Date) (Signature) President or Authonzed Offiaal of Consultant
DOT Form 140-089 EF Exhibit M-3
Revised 6/05
Exhibit M-4
Certificate of Current Cost or Pricing Data ,
Th�s is to certify that, to the best of my knowledge and belief, the cost or pricmg data (as defined m
section 15 401 of the Federal Acquisrtion Regulation (FAR) and required under FAR subsection 15 403-4)
subm�tted, erther actually or by specific ident�fication m wrrtmg, to the contractmg officer or to the
contracting officer's representat�ve m support of Pacific Avenue Improvements Eng Services *
are accurate, complete, and current as of January 31, 2013 ** Th�s certification mcludes
the cost or pricmg data supportmg any advance agreements and forward pricmg rate agreements between
the offeror and the Government that are part of the proposal
Firm Parametrix, Inc
Name p � �, � ��!-� u.r� !�
Title Semor Consultant
Date of Execution*** �— 3/— / 3
* Ident�fy the proposal, quotation, request for price ad�ustment, or other submission mvolved,
givtng the appropr�ate identifymg 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 s�gnmg, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to
DOT Form 140-089 EF Exhibit M-4
Revised 6/05