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HomeMy WebLinkAbout4064 T--------------------------------------------------------------------------T +Enter Search Criteria, Press Esc Key to Transmit + +press Del Key to Terminate Delete Mode + + CHANGE Contract Transactions + + Contract Number 4064 + + + +Vendor Name PARAMETRIX INC + +-Subject MONITORING - SR304 GROUNDWATER +- = =Department ENGINEERING -- ==Status Code PRO . - -- Amount $45250.00 + + Begin Date 02/29/2000 +- +- Insurance End Date 12/31/2004 +- - - Type Amount Review Date 02/15/2007 +- -- GL $2000000.00 . - + E&O $2000000.00 .'- +- +- +- Insurance Total $4000000.00 + + Insurance Review Date 11/01/2004 == +- . - +- Comments VAULT 01/01/2007 - - +- =+= + + +--------------------------------------------------------------------------+ - - ConsultantlAddressIT elephone Standard Consultant Parametrix, Inc. Agreement 5700 Kitsap Way, Suite 202 Bremerton, W A 98312-2234 Agreement Number (360) 377-0014 Federal Aid Number Agreement Type (Choose one) Project Title And Work Description o Lump Sum SR 304 Transportation Improvement Project Lump Sum Amount $ Groundwater Monitoring ~ Cost Plus Fixed Fee Overhead Progress Payment Rate 180 % Overhead Cost Method !:8:1 Actual Cost DActual Cost Not To Exceed % DBE Participation DYes !:8:INo % !:8:1 Fixed Rate 30 % WBE Participation Fixed Fee $ DYes !:8:INo % o Specific Rates Of Pay Federal 10 Number or Social Security Number 91-0914810 D Negotiated Hourly Rate Do you require a 1099 for IRS? D Provisional Hourly Rate DYes !:8:INo o Cost Per Unit of Work Completion Date Maximum Amount Payable December 31,2004 $ 45,250.00 THIS AGREEMENT, made and entered into this .2. tLdu dayof '" fl/Jo-IUf2.1.'!t;. , o1nnD ' between the Local Agency of City ofBremerton , Washington, hereinafter lied the "AGENCY" , and the above organization hereinafter called the "CONSULTANT'. WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein. or attached and incorporated and made a part hereof, the parties hereto agree as follows: DOT Form 140-089 EF Page 1 of 8 Revised 10/97 I All reports, PS&E m, ,ials, and other data, furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, The work under this AGREEMENT shall consist of documents, and other work products prepared by the the above described work and services as herein CONSULTANT pdor to completion or termination of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT. The CONSULTANT shall PROJECT and are property of the AGENCY. Reuse furnish all services, labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT. service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the II CONSULTANT, SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit "B" attached hereto, and by this reference made a part of this AGREEMENT. The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in III wdting by the AGENCY. All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date. AGREEMENT, with outside agencies, groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY. Necessary contacts and meetings with because of any delays attributable to the CONSULT- agencies, groups or individuals shall be coordinated ANT, but may be extended by the AGENCY, in the through the AGENCY. event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT. A prior AGENCY or such Federal, Community, State, City supplemental agreement issued by the AGENCY or County officials, groups or individuals as may be required to extend the established completion time. requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation. PAYMENT The minimum number of hours or days notice - required shall be agreed to between the AGENCY The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this and the CONSULTANT and shown in Exhibit attached hereto and made part of this AGREEMENT. AGREEMENT as provided in Exhibit "C" attached The CONSULTANT shall prepare a monthly hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compen- progress report, in a form approved by the AGENCY, sation for work performed or services rendered and that will outline in written and graphical form the for all labor, materials, supplies, equipment, and various phases and the order of performance of the work in sufficient detail so that the progress of the incidentals necessary to complete the work work can easily be evaluated. Goals for Disadvan- specified in Section II, "Scope of Work". The CONSULTANT shall conform with ail applicable taged Business Enterprises (OBE) and Women portions of 48 CFR 31. Owned Business Enterprises 0NBE) if required shall be shown in the heading of this AGREEMENT. Page 2 of 8 V! ~ employees of the CC'-~ULTANT only and not of the SUBCONTRACTi, .~ AGENCY, and any and all claims that may or might The AGENCY permits subcontracts for those items arise under any Workmen's compensation Act on of work as shown in Exhibit G to this Agreement. behalf of said employees or other persons while so engaged, and any and all claims made by a third party Compensation for this subconsultant work shall be as a consequence of any act or omission on the part of based on the cost factors shown on Exhibit G, at- the CONSULTANT's employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT. provided to be rendered herein, shall be the sole The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT. maximum amount payable unless a prior wdtten The CONSULTANT shall not engage, on a full or approval has been issued by the AGENCY. part time basis, or other basis, during the period of the All reimbursable direct labor, overhead, direct non- contract, any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are, or have been, at any time during the period of the shall be substantiated in the same manner as outlined contract, in the employ of the United States Depart- in Section V. All subcontracts exceeding $10,000 in ment of Transportation, the STATE, or the cost shall contain all applicable provisions of this AGENCY, except regularly retired employees, AGREEMENT. without written consent of the public employer of The CONSULTANT shall not subcontract for the such person. performance of any work under this AGREEMENT VIII without prior written permission of the AGENCY. No NONDISCRIMINATION permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any The CONSULTANT agrees not to discriminate other relationship, against any client, employee or applicant for employ- ment or for services because of race, creed, color, VII national origin, madtal status, sex, age or handicap EMPLOYMENT except for a bona fide occupational qualification with regard to, but not limited to the following: employ- The CONSULTANT warrants that he/she has not ment upgrading, demotion or transfer, recruitment or employed or retained any company or person, other any recruitment advertising, a layoff or terminations, than a bona fide employee working solely for the rates of pay or other forms of compensation, selection CONSULTANT, to solicit or secure this contract, and for training, rendition of services. The CONSULT- that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this person, other than a bona fide employee working provision, this AGREEMENT may be terminated by solely for the CONSULTANT, any fee, commission, the AGENCY and further that the CONSULTANT percentage, brokerage fee, gift, or any other consider- shall be barred from performing any services for the ation, contingent upon or resulting fi'om the award or AGENCY now or in the future unless a showing is making of this contract. For breach or violation of this made satisfactory to the AGENCY that discrimina- warrant, the AGENCY shall have the dght to annul tory practices have terminated and that recurrence of this AGREEMENT without liability, or in its discre- such action is unlikely. tion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of During the performance of this AGREEMENT, the such fee, commission, percentage, brokerage fee, gift, CONSULTANT, for itself, its assignees and or contingent fee. successors in interest agrees as follows: Any and all employees of the CONSULTANT or A. COMPLIANCE WITH REGULATIONS: The other persons while engaged in the performance of CONSULTANT shall comply with the Regula- any work or services required of the CONSULTANT tions relative to nondiscrimination in the same under this AGREEMENT, shall be considered manner as in Federal-assisted programs of the Page 3 of 8 Department of Transportation, T, 19, Code of sive possession ~ ,3other who fails or refuses to Federal Regulations, Part 21, as they may be furnish this information the CONSULTANT shall amended from time to time, (hereinafter referred so certify to the AGENCY, or the United States to as the Regulations), which ara herein incorpo- Department of Transportation as appropriate, and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT. The consultant shall comply the information. with the Amedcan Disabilities Act of 1992, as amended. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance B. NONDISCRIMINATION: The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it during the AGREEMENT, the AGENCY shall impose AGREEMENT, shall not discriminate on the such sanctions as it or the Federal Highway grounds of race, creed, color, sex, age, madtal Administration may determine to be appropriate, status, national odgin or handicap except for a including, but not limited to: bona fide occupational qualification in the selec- 1. Withholding of payments to the CONSULT- tion and retention of subconsultants, including procurements of materials and leases of equip- ANT under the AGREEMENT until the ment. The CONSULTANT shall not participate CONSULTANT complies, and/or either directly or indiractly in the discrimination 2. Cancellation, termination or suspension of the prohibited by Section 21.5 of the Regulations, AGREEMENT, in whole or in part. including employment practices when the contract F. INCORPORATION OF PROVISIONS: The covers a program set forth in Appendix II of the Regulations. CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, C. SOLICITATIONS FOR SUBCONSULTANTS, including procuraments of matarials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment, unless exempt by the Regulations or ALS AND EQUIPMENT: In all solicitations directives issued pumuant thereto. The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract, including procurements of AGENCY or the Federal Highway Administra- materials or leases of equipment, each potential tion may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompli- CONSULTANT of the CONSULTANT's ance; provided, however, that, in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in, or is Regulations relative to nondiscrimination on the threatened with, litigation with a subconsultant or grounds of race, creed, color, sex, age, madtal supplier as a result of such direction, the CON- status, national odgin and handicap. ULTANT may request the AGENCY to enter D. INFORMATION AND REPORTS: The into such litigation to protect the interests of the CONSULTANT shall provide all information AGENCY, and in addition, the CONSULTANT and reports required by the Regulations, or may request the United States to enter into such directives issued pursuant thereto, and shall litigation to protect the interests of the United States. permit access to its books, records, accounts, other sources of information, and its facilities as G. UNFAIR EMPLOYMENT PRACTICES: The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain compliance with such 49.60.180 and Executive Order number E.O. Regulations or directives. Where any information 77-13 of the Governor of the State of Washington required of the CONSULTANT is in the exclu- which prohibits unfair employment practices. Page 4 of 8 IX In the event of the death of any member, partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- The right is reserved by the AGENCY to terminate sory personnel assigned to the project, or, dissolution this AGREEMENT at any time upon ten days written of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, notice to the CONSULTANT. the surviving members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT, if requested to do so by the CONSULTANT, a final payment shall be made to the AGENCY. The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of ranegotiation of the AGREEMENT between the AGREEMENT used. surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate. If the accumulated the previous paragraph, should the surviving members payment made to the CONSULTANT pdor to Notice of the CONSULTANT, with the AGENCY's concur- of Termination exceeds the total amount that would rence, desire to terminate this AGREEMENT, be due computed as set forth herein above, then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section. shall immediately reimburse the AGENCY for any excess paid. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT, the above formula for payment shall not the CONSULTANT, or for failure of the CONSULT- apply. In such an event, the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY. Forbearance of any rights under the given to the actual costs incun'ed by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those rights with respect to any termination, the amount of work originally required future act or omission by the CONSULTANT. which was satisfactorily completed to date of termina- tion, whether that work is in a form or a type which is X CHANGES OF WORK usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so, and other factors which as necessary to con'ect errors appearing therein, when affect the value to the AGENCY of the work per- required to do so by the AGENCY, without additional formed at the time of termination. Under no compensation thereof. Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof using the formula set forth in the previous paragraph, changed or revised, the CONSULTANT shall make If it is determined for any reason that the CONSULT- such revisions as directed by the AGENCY. This ANT was not in default or that the CONSULTANT's work shall be considered as Extra Work and will be failure to perform is without it or it's employee's fault paid for as herein provided under Section XIV. or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. Page 5 of 8 Xl that nothing herein snail require a CONSULTANT to DISPUTES indemnify the AGENCY and the STATE against and Any dispute concerning questions of fact in connec- hold harmless the AGENCY and the STATE from tion with the work not disposed of by AGREEMENT claims, demands or suits based solely upon the conduct of the AGENCY and the STATE, their between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public agents, officers and employees and provided further that if the claims or suits are caused by or result from Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this the concurrent negligence of (a) the CONSULTANT's agents or employees and (b) the AGREEMENT, provided however, that if an action is brought challenging the Director of Public Works or AGENCY and the STATE, their agents, officers and AGENCY Engineer's decision, that decision shall be employees, this indemnity provision with respect to subject to de novo judicial review. (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending Xll such claims and suits, etc. shall be valid and enfome- VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANT's PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT's In the event that either party deems it necessary to agents or employees. institute legal action or proceedings to enfome any The CONSULTANT's relation to the AGENCY shall right or obligation under this AGREEMENT, the be at all times as an independent contractor. parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Superior court of the State of Washing- liability for actions brought by the CONSULTANT's ton, situated in the county the AGENCY is located in. own employees against the AGENCY and, solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense, the resolved by application of Washington law and that CONSULTANT specifically waives any immunity the parties to such action shall have the dght of appeal under the state industrial insurance law, Title 51 from such decisions of the Supedor court in accor- RCW. The CONSULTANT recognizes that this dance with the laws of the State of Washington. The waiver was specifically entered into pursuant to the CONSULTANT hereby consents to the personal jurisdiction of the Supedor court of the State of provisions of RCW 4.24.115 and was the subject of mutual negotiation. Washington, situated in the county in which the AGENCY is located in. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of XlII construction contracts, if any, on the project. Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable, supplemental The CONSULTANT shall comply with all Federal, agreement, the CONSULTANT shall provide on-call State, and local laws and ordinances applicable to the assistance to the AGENCY dudng contract adminis- work to be done under this AGREEMENT. This tration. By providing such assistance, the AGREEMENT shall be interpreted and construed in CONSULTANT shall assume no responsibility for: accord with the laws of Washington. proper construction techniques, job site safety, or any construction cantractor's failure to perform its work The CONSULTANT shall indemnity and hold the in accordance with the contract documents. AGENCY and the STATE, and their officers and employees harmless from and shall process and The CONSULTANT shall obtain and keep in force defend at its own expense all claims, demands, or dudng the terms of the AGREEMENT, or as other- suits at law or equity adsing in whole or in part from wise required, the following insurance with the CONSULTANT's negligence or breach of any of companies or through sources approved by the State its obligations under this AGREEMENT; provided Insurance Commissioner pursuant to RCW 48. Page 6 of 8 XIV Insurance Coverage EXTRA WORK A. Worker's compensation and employer's liability A. The AGENCY may at any time, by written order, insurance as raquirad by the STATE. make changes within the general scope of the AGREEMENT in the services to be performed. B. General commercial liability insurance in an amount not less than a single limit of one million B. If any such change causes an increase or decrease and 00/100 Dollars ($1,000,000.00) for bodily in the estimated cost of, or the time required for, injury, including death and property damage performance of any part of the work under this per occurrence. AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and Excepting the Worker's Compensation insurance and conditions of the AGREEMENT, the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT, the AGENCY will be named on all (1) maximum amount payable; (2) deliver/or certificates of insurance as an additional insured. The completion schedule, or both; and (3) other CONSULTANT shall fomish the AGENCY with affected terms and shall modify the AGREE- verification of insurance and endomements required MENT accordingly. by this AGREEMENT. The AGENCY reserves the right to raquira complete, certified copies of all C. The CONSULTANT must submit its ~rsquest required insurance policies at any time. for equitable adjustment" (hereafter referred to as claim) under this clause within 30 days from All insurance shall be obtained from an insurance the date of receipt of the wdtten order. However, company authorized to do business in the State of if the AGENCY decides that the facts justify it, Washington. The CONSULTANT shall submit a the AGENCY may receive and act upon a claim verification of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT. the AGENCY. D. Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute under the Disputes clause. However effective without thirty (30) days prior notice to nothing in this clause shall excuse the CON- the AGENCY. SULTANT from proceeding with the The CONSULTANT's professional liability to the AGREEMENT as changed. AGENCY shall be limited to the amount payable E. Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs (a) and (b) above, the maximum whichever is the greater unless modified by amount payable for this AGREEMENT, shall Exhibit H. In no case shall the CONSULTANT's not be increased or considered to be increased professional liability to third parties be limited in except by specific wdtten supplement to this any way. AGREEMENT. The AGENCY will pay no progress payments XV under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS complied with this section. This remedy is not exclu- sive; and the AGENCY and the STATE may take The CONSULTANT shall place his endorsement on such other action as is available to them under other all plans, estimates or any other engineering data provisions of this AGREEMENT. or otherwise in law. furnished by him. Page 7 of 8 XV! XVIII FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants, stipulations and previsions agreed upon shall have the right to participate in the review or by the parties. No agent, or representative of either examination of the work in progress, party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- XVII CERTIFICATION OF THE CONSULTANT tation, pmmica or agreement not cat forth herein. No AND THE AGENCY changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and Attached hereto as Exhibit 'A-I', are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT. Exhibit 'A-2' Certffication regarding debarment, X!X suspension and other responsibility matters - primal/ EXECUTION AND ACCEPTANCE covered transactions, Exhibit 'A-3" Certification regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying, and Exhibit 'A-4' Certificate of Current in several counterparts, each of which shall be Cost or Pricing Data. Exhibits ~A-3" and 'A-4" ara deemed to be an original having identical legal effect. only required in Agreements over $100,000. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULT- ANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above wHtten. Consultant Diane K. Lenius, P.E., Paramctrix, Inc. Agency Lynn S. Horton, City of Bremcrton Page 8 of 8 Consultant/Address/Telephone Supplemental Signature ]' ramet ix, Page for 5700 Kitsap Way, Suite 202 Standard Consultant Bremerton, WA 98312-2234 Agreement (360) 377-0014 Agreement Number Project Title And Work Description SR 304 Transportation Improvement Project Federal Aid Number Groundwater Monitoring Local Agency City of Bremerton THIS AGREEMENT, made and entered into this ~ day of between the Local Agency of City of Breraerton , Washington,~hereinafte? called the UAGENCY', and the above organization hereinafter called the ~CONSULTANT'. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT LOCAL AGENCY Consultant Diane K. Lcnius, P.E., Paramctrix, Inc. Agency Lynn S. Horton, City of Brcmerton Consultant Agency W. Eugene Sampley, Public Works & Utilities Agency Glenna Malanca, City Attorney By Agency DOT Form 140-089A EF Revised 4/98 Exhibit A-1 Certification Of Consultant Project No. Local Agency City of Bremenon I hereby certify that I am the Bremerton Office Manager and duly authorized representative of the firm of Parametrix, Inc. whose address is 5700 Kitsap Way, Suite 202, Bremerton, WA 98312-2234 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of any fn'm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution donation or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Bremerton Washington and that the above consulting firm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any £n'm or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws, both criminal and civil. Date Signature Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered mmsaetions by any federal deparUnent or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherWise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph l.b. of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): Parametrix, Inc. (Date) (Signature) President or Authorized Official of Constant Exhibit A-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting th/s bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal conlract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): Parametrix, Inc. (Date) ( 'g ture) President or Authorized Official of {~f0nsultant Exhibit A-4 Certificate of Current Cost or PHcing Data This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.801 of the Federal Acquisition Regulation (FAR) and required ander FAR subsection 15.804-2) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of See Exhibit D and Exhibit I * are accurate, complete, and current as of January 25, 2000 **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rote agreements between the offeror and the Government that are part of the proposal. Firm Paramgtrix, Inc. Nme Diane K. Lenius, P.E., Parametrix, Inc. Title Bremerton Office Manager Date of Execution*** February 3, 2000 * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the daY, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. EXHIBIT B SCOPE OF WORK SR 304 GROUNDWATER MONITORING SR 304 TRANSPORTATION IMPROVEMENT PROJECT Task 01 Groundwater Monitoring Parametrix will conduct groundwater monitoring at the former Unocal Station located at 403 South Cambrian Avenue, Bremerton, WA. The monitoring would be performed once per year for five years and will include the collection and analysis of groundwater samples, the measurement of groundwater levels and the reporting of findings. At the completion of five monitoring events, Parametrix will prepare a summau report for all monitoring activities performed since 1993 and provide recommendations for modifying or discontinuing monitoring activities. Work Elements · Purging, sampling, and measuring up to 6 monitoring wells on an annual basis. Monitoring and sampling will be performed using methods comparable to those described in the Unocal Monitoring Reports dated from 1994 through 1999. · Submitting groundwater samples from each well and up to two QA/QC samples to a State- certified analytical laboratory for analysis for BTEX and WTPH-Gx. · Preparing a groundwater monitoring report describing the results of each sampling event. The report will present the findings of data and compare the results to published cleanup standards and previous monitoring results. · Maintaining routine communication with the City and Department of Ecology regarding the status of on-going monitoring. · At the completion of five monitoring events, Parametrix would evaluate site closure alternatives and, if practical, prepare documentation to support a No Further Action (NFA) determination from the Department of Ecology. Should conditions preclude an NFA determination, Parametrix will provide written documentation regarding remedial action alternatives. Assumptions This work and associated costs are based on the following assumptions: Work would commence in 2000 and would continue for 5 years, ending no later than December 31, 2004. Monitoring costs, including labor, laboratory services, and other direct costs would increase 5% annually. Site conditions remain consistent with historical monitoring activities and contaminant trends and groundwater gradients do not si~cmificantly change. The Department of Ecology serves as the regulatory authority and would not require work beyond that described above. The Department of Ecology issues no enforcement order or decree for additional monitoring or cleanup of the property. Investigation derived waste (e.g., purge water) is disposed of by the City. Cost The cost for this work is $45,250. Project Manager $1,000 (I0 hours) Sr. Hydrogeologist $7,600 (80 hours) Jr. Hydrogeologist $22,500 (300 hours) Clerical $1,920 (40 hours) Graphics $2,630 (40 hours) Expenses $9,600 (lab, equipment) SR-304 Final Destgn 3 d~nuary 31. 2000 Supplemental Agreement No 4 Last Revtstons Made - February 1. 2000 Exhibit C-2 Payment (Cost Plus Fixed Fee) The CONSULTANT shall be paid by thc AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CFR 31. A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalar~ cost. 1. Direct Salary Costs The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three options are explained as follows: a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the beading of this AGREEMENT. b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D-1 and by this reference made part of this AGREEMENT. When an Actual Cost method, or the Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will submit to the AGENCY within three months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime consultant or any of the subconsultants shall cause the agency to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The STATE and/or the Federal Government may perform an audit of the CONSULTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to the following itcrns: travel, Printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or tram travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rote approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for the services to be provided under this AGREEMENT 4. Fixed Fee The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this AGREEMENT and the estimated man-months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include provisions for the added costs and an appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the monthly progress reports accompanying the invoices. Any portion of the fixed fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX, Termination of Agreement. 5. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already de£med in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $50,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 6. Maximum Total Amount Payable The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work." B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more ofl~'n than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section Iii, General Requirements, of this AGREEMENT. The invoices will be supported by an itemized listing for each item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment Final payment of any balance due thc CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims arc specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to thc appropriateness of any item and that at the time of final audit, all required adjustments will be made and reflected in a f'mal payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to thc AGENCY within ninety (90) days of notice oftha overpayment. Such refund shall not constitute a waiver by thc CONSULTANT for any claims relating to thc validity of a finding by the AGENCY of overpayment. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim, or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit D-1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: SR 304 Transportation Improvement Project Groundwater Monitoring Direct Salary Cost (DSC): ~ Man Hours Rate = = Cost Project Manager 10.0 X 32.41 $ 324.10 Sr. Hydrogenlogist 80.0 X 30.64 2,451.20 Jr. Hydrogeologist 300.0 X 24.19 7,257.00 Clerical 40.0 X 15.49 619.60 Graphics 40.0 X 21.21 848.40 X X X X Total DSC = $ 11,50o.30 Overhead (OH Cost - including Salary Additives): OH Rate x DSC of 1.80 % x $ 11,500.30 20,700.54 Fixed Fee (FF): FF Rate x DSC of .3 % x $ 11,500.30 3,450.09 Reimbursables: Itemized 9,600.00 Subconsultant Costs (See Exhibit G): Grand Total 45,250.93 Prepared By: David B. Hilderbrant Date: February 2, 2000 PARAMETRIX, INC. OVERHEAD ~ SCHEDULE Year Ending 12/31198 DIRECT LABOR $7,524,631 OVERHEAD EXPENSES TOTAL Di,~o~J.OWED ALLOWABLE Administrative Salade~ 4,148,076 100,000" 4.048,076 Training Salaries 105.304 0 108,304 VacelJon, Sic~ Leave, l'~lidays 1,253,352 0 1,253,352 Marketing Salades 1,023,434 0 1,023,434 A~ve~sing Salerle~Expe~ses 12,276 12,276 0 Marketing Expenses 147,794 0 147.794 ESOP Trust (Retirement Plan) 1,700,000 0 1,700,000 Payroll Taxes 1.123,421 0 1.123,421 Excise Taxes 395.701 0 395,701 Insurance 339.355 0 339,355 Medicel Insurance 593,40? 0 593,407 Office Rent 1.358,720 75,000" 1.283,720 Office Expenses & Supplies 224.980 0 224.980 Printing. Copier/Printer Supplies 313,794 0 313,794 Billed In-House Pdnting -97,887 0 -97,887 Telephone 282,558 0 282,558 Billed In-House Telex)hone -4,403 0 -4,403 Depreciation 533,281 0 533,281 Business Meals 47.370 0 47,370 Auto Expense 83.137 0 83,137 Billed In-House Mileage -50,138 0 -50,135 Office Travet 83.368 0 83,368 Sut)scriptions, Libra~ MatedaJ 35,621 0 35,621 Dues 27,558 0 27,558 Donations 17,970 17,970 0 Professional Licenses 10,047 0 10,047 Postage, Couriers, Freigl~t 79,137 0 79,137 Training/Education 144,833 0 144,833 Hesltfi & Safety Training 7,026 0 7,026 Field EquipmentJSupplles 5,757 0 5.757 Lat:) EquipmentJSupplies 37,978 0 37,978 Sampling Equipment/Supplies 8,299 0 8,299 Hesith& Safety Equi~/Supplles 2,201 0 2,201 Survey EquipmentJSul~olies 8,080 0 8,080 Boat Equipment/$ uppiles 26,679 0 26.679 Billed In-House Equipment -95,182 0 -95,182 Office Furniture 31.522 0 31,522 Office Equipment 43,227 0 43.227 Computer Supplies/Rel~air 167.333 0 167,333 Billed In-House Computer Chaeges -77,036 0 -77,036 Recruiting Costs 96,663 0 98.663 Legal & Audit 415,719 300.000" 115,719 Temporar~ Labor 64,125 0 64,128 Consulting Services 247,831 0 247,831 Employes Relocations Costs 15,223 0 15,223 Bad Debts 100,000 100.000 0 Office Moving/Remodeling 13,697 0 13,697 Pemonal Proper:y Taxes 19,405 0 16,405 Utilities/Building Maintenance 66,306 0 66,305 Benefit Plans Admin. 71,004 0 71,004 Totals $15,207,929 3605,246 $14,602,683 CALCULATED OVERHEAD RATE 194.07% -Estimate Exhibit F Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to thc CONSULTANT which when added to any payments previously made shall total thc same percentage of thc Lump Sum Amount as the work completed at the time of termination is to thc total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at thc time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to thc CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Exhibit H (To Be Used Only If Insurance Requirements Are Increased) The professional liability limit of the CONSLrLTANT to the AGENCY identified in Section XJII, Legal Relations and Insurance of this Agreement is amended to $ N o C1 aim LJ mi t The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ , · Such insurance coverage shall be evidenced by one of the following methods: Certificate of Insurance. · Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurnace through documentation of a separate fund established exclusively for the payment of professional liablhty clanns, including clann amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. · shall IfFHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost ofadded insurance requirements: $ None Include all costs, fee increase, premiums. This cost shall not be billed against an FHWA fundedoroiect. · For final contracts, include this exhibit, or a WSD(TT * The Consultant agrees to maintain professional liability insurance for the professional services under this contract. The limits of said insurance ~hall be at least $1,000,000 per Occurrence and $2,000,000 in Aggregate. The insurance shall be maintained to cover the design and construction period of this project and will include a discovery period of three (3) years after substantial completion of the construction. EXHIBIT "1" PARAMETRIX, lNG. IN-HOUSE EQUII~4ENT USE RATES NOTE: 1. Un/es= otherwise stated, the weekly rate will be four times ix4) the dally rate and the monthly rate will be 3 times (x31 the weekly rate. 2. Rates will be reviewed and ad/usled annually effective January 1st of each year. Equipment Item Rate Category TelG~Gn~unicaflone Cellular Phone $15/full day Field Inspection $7.50/half day Long Distance Actual Cost Telecommunications Computers Technical Computer Usage 91 O/hour Computers CADD Computer $15/hour Computers GIS Sunstation $30/hour Computers Printem and Plotters Tektronix 8 ~ x 11 - color 91.25/sheet Computers Tektronix 11 x 17 - color 92.00/sheet Computers GIS Plots 92.00/sq. f~. Computers CADD Full Size Plots - Paper/Vellum 95.00 Computers CADD Full Size Plots - Mylar 912.50 Computers CADD and Graphics Full Size Color Plots 915.00 Computers Copying .. Photocopies 9.05/each - SiS or DiS Blue Prints 91/print Faxes $1/page Mileage Employee reimbursed mileage/n private car/truc/~ 'See Note Betow Mileage Company Field Trucks/Survey Vans 9.40/mile Field Inspection Company Sedan Automobiles 'See Note Betow Mileage Video Camcorder - 8mm 950/day Mileage rate shall be the current allowable rate as published by the Internal Revenue SerVice (IRS) a~ the time the mileage was incurred. Current (January 2000) IRS rate is $.325/mile. Parametr/x, /nc. /n-House Equ/l~menr Use Rates (Revised January 19, 2000) I rSu~/e~ ~o annual ad/ustmen~$)