HomeMy WebLinkAboutContract CAG-02-180
Consu Itant/Add ress/Telephone
Local Agency Parametrix, Inc.
Standard Consultant 1231 Fryar Ave.
Agreement P.O. Box 460
g Sumner,WA 98390-1516
Agreement Number
Federal Aid Number Project Title And Work Description
Logan Avenue Bridge Seismic Retrofit-
Agreement Type(Choose one) Biological Assesment and related environmental work
❑Lump Sum
Lump Sum Amount $
®Cost Plus Fixed Fee
Overhead Progress Payment Rate % DBE Participation
Overhead Cost Method ❑Yes ®No %
❑Actual Cost WBE Participation
❑Actual Cost Not To Exceed % ❑Yes ®No %
®Fixed Rate
185 Federal ID Number or Social Security Number
Fixed Fee $ 465.63 Do you require a 1099 for IRS? Completion Date
Specific Rates Of Pay ❑Yes ®No December 31, 2003
❑
❑Negotiated Hourly Rate Total Amount Authorized$ 5,110.22
❑ Provisional Hourly Rate Management Reserve Fund$ 500.00
❑Cost Per Unit of Work
Maximum Amount Payable $ 5,610.22
THIS AGREEMENT, made and entered into this day of
between the Local Agency of FENTON Washington, hereinafter called 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 12/99
All reports, PS& terials, and other data,furnished
GENERAL DESCRIPTIOF 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 prior 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 writing 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 is
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"B"
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
progress report, in a form approved by the AGENCY, AGREEMENT. Such payment shall be full compen-
that will outline in written and graphical form the sation for work performed or services rendered and
f
various phases and the order of performance of the or all labor, materials,supplies,equipment,and
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
taged Business Enterprises(DBE)and Women CONSULTANT shall conform with all applicable
Owned Business Enterprises(WBE)if required shall portions of 48 CFR 31.
be shown in the heading of this AGREEMENT.
Page 2 of 8
VI employees of thNSULTANT only and not of the
SUBCONTRACG AGENCY, and an nd 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 written 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, marital 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 from 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 right 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 S
Department of Transportation, 49,Code of sive possessi another 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 are 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 American Disabilities Act of 1992,as
E. SANCTIONS FOR NONCOMPLIANCE: In the
amended.
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 lt or the Federal Highway
grounds of race,creed,color,sex,age, marital Administration may determine to be appropriate,
status, national origin or handicap except for a including,but not limited to:
bona fide occupational qualification in the selec-
t. Withholding of payments to the CONSULT-
tion and retention of subconsultants,including
ANT under the AGREEMENT until the
procurements of materials and leases of equip-
ment.The CONSULTANT shall not participate CONSULTANT complies,and/or
either directly or indirectly 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
covers a program set forth in Appendix II of the F. INCORPORATION OF PROVISIONS:The
Regulations. CONSULTANT shall include the provisions of
paragraphs(A)through(G)in every subcontract,
C. SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of
INCLUDING PROCUREMENTS OF MATERI- equipment, unless exempt by the Regulations or
ALS AND EQUIPMENT: In all solicitations directives issued pursuant 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 notif ied 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, marital supplier as a result of such direction,the CON-
status, national origin 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.
Regulations or directives.Where any information
required of the CONSULTANT is in the exclu-
Page 4 of 8
IX In the event of thath 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
notice to the CONSULTANT. disaff iliation of the principally involved employee,
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 renegotiation 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 prior 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
Payment for any part of the work by the AGENCY
excess paid.
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 incurred 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 correct 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 ft'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
XI that nothing hereiall require a CONSULTANT to
DISPUTES indemnify the AGENCY and the STATE against and
hold harmless the AGENCY and the STATE from
Any dispute concerning questions of fact in connec-
claims,demands or suits based solely upon the
tion with the work not disposed of by AGREEMENT
conduct of the AGENCY and the STATE,their
between the CONSULTANT and the AGENCY shall
agents,officers and employees and provided further
be referred for determination to the Director of Public
Works or AGENCY Engineer,whose decision in the that if the claims or suits are caused by or result from
matter shall be final and binding on the parties of this the concurrent negligence of(a)the
AGREEMENT, provided however,that if an action is CONSULTANT's agents or employees and(b)the
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
XII such claims and suits, etc.shall be valid and enforce-
VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANT's
PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT's
agents or employees.
In the event that either party deems it necessary to
institute legal action or proceedings to enforce 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 right of appeal under the state industrial insurance law,Title 51
from such decisions of the Superior 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 provisions of RCW 4.24.115 and was the subject of
jurisdiction of the Superior court of the State 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
XIII 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 during 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 contractor's failure to perform its work
The CONSULTANT shall indemnify 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 during the terms of the AGREEMENT,or as other-
suits at law or equity arising in whole or in part from wise required,the following insurance with
the CONSULTANTs 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
XN
huumnoe Covemoe EX'T'RA WORK
A. WarWs oompwmtlon and enmployat'a Why A. The AGENCY may at any time,by written order,
hau rance is regUired by the STATE, make changes within the general"a of the
AGREEMENT in the services to be performed.
B. General commer+elaf�ab>elty insurance In an
arnount not lass than a single Both of one million vj�e R- If any such change causes an Increase or decrease
and 00/100 Dollars($1,�,�-00)for body In ft 093tlatod cost of,or the time requlrfd for.
injury, death and proparly►damage performance of any part of the work under this
/ AGREEMENT,whether or not changed by the
�• ExCIK� i[+ f tlSt Wise .Q �O �0$"'� order,or otherwise affects any other terms and
�, ExoeptFttti!bs Wcrks�s Compensatlat Irt�taance and conditions of the AGREEMENT,the AGENCY
�+ ,t any prates*rW Icy►baumnt cooed by the shall trtaka an equilable,ad'
l� 0M481 l.TAN%t W AGENCY will be named on all payable;(2 nt l the
avt}matdmum amount payable;(2)delivery or
C coal(ICates at kwaanoe as an additional Insured.The oornpletion schedule,or both;aid(3)otha-
,jol_ CONSLLTANT shall fumish the AGENCY wfth aff�tee and shag modify the A[3REk-
i v vrs of kawatfca and andom meals raWred MI:IVT accordingly.
by tttis AGREEMENT.The AGENCY reserves the
right to mquire emplace,ew*W copies of all C.The CONSIILTANT must Submit its`request
requked Insurance pokles at any gm& for egWtsbIS adjustrnent'(herwifter rows--to
as claim)under this uatrse within 30 days trom
All tttstuartee dull be pbWktedirom ail U>st>sertee the date of receipt of the written order,}•however,
compan)I ettttorfzed m do tssainess In lime Stara of it 1lte AGENCY uiecfdes that tine facts jtt�1C�a.
Washittgtot>_Y�CONStJI.TAtd'i'attgp sulttnet a the AGENCY may race!ve and act upon a chair
vestticatlor:of MstJratroe as otrted above tltd<hirm subttdtted be{gre finat paymart of the
to days d tits eaecufion of this AGREEMENT to AGREEMENT.
the AGENCY.
D. FaUD m agr9e to any a*jstrnent shall ba a
No cartcsflatior of the fvt�goirtg policies stta>0 be tasptns tinder the o
tsputes clause.! carmrer
Mfactive wAhout thhgr(90)days p>iat tmatica to nothing In"Cause GW emuae the COW
tha AGENCY. SMTANT from proceeding with the
The CONSU(.TAPM professional 00 MV to the AGREEMENT as changed.
AGENCY shag be limited to the am w t paryable E. t+iotwt hounding ttte terms and con dkion of
undertitle AGREMMENT or otte million dolars,
tMtictmet►er b tits gt'aa�r unless modified by Paragraphs(a}and(p)above,the rntucim t.ar�
amount payable for this AGREEMENT shahs
E]Qtlbtt K In no toss shag the CONSW.TAN s
not be Increased or coitsldered to be Irmcreased
professional kbF4y to thkd parties be limited in
exceptbyepeciflc written stpPlemert to%ls
any ' AGREEMENT.
The AGENCY will pay no progress payrnerds
XV
tinder Section V until the CONSULTANT has tuft' ENDORSEMENT OF PLANS
compiled with this secdom This remedy is not exCiu-
Mve;aW to AGENCY and the STATE may take The CONSJL.TANT shall place his endomernent on
such artier action as Is avef Ue,to them under other all Plans.astirrtates or any other engineering data
provisions of this AGREEMENT.or dhemNisa lit law. furnished by hkL
PaUa 7 of S
•c Ye e\rvmT unrknm
XVI XVIII
FEDERAL AND STATREVIEW COMI LETE AGREEMENT
The Federal Highway Administration and the This document and referenced attachments contains
Washington State Department of Transportation all covenants,stipulations and provisions 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 tation, promise or agreement not set forth herein. No
CERTIFICATION OF THE CONSULTANT changes,amendments,or modifications of the terms
AND THE AGENCY
hereof shall be valid unless reduced to writing and
Attached hereto as Exhibit"A-1",are the signed by the parties as an amendment to this
Certifications of the Consultant and the Agency, AGREEMENT.
Exhibit"A-2"Certification regarding debarment, XIX
suspension and other responsibility matters-primary 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"are 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 written.
By By
Consultant ffz.4"e7TjZMI �N`i Agency
6?
01 I Page 8 of 8
Exhibit A-1
Certification Of Consultant
Project No.
Local Agency
I hereby certify that I am and duly authorized
representative of the firm of Parametrix,Inc. whose address is
1231 Fryar Ave.,P.O. Box 460,Sumner,WA 98390-1516 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 firm 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 Fed ral laws,both cri 'nal and civil.
Date Mignatike
Certification of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of RENTON 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 firm 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.
ate Si tur
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 transactions by any federal department 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 Lb. 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.
(D ) ignature)President or Authorized OTON Consultant
.,i Exhibit B-1
err' Scope of Work �►
The following scope addresses the tasks necessary to complete a Biological Assessment for seismic
maintenance activities on a bridge over the Cedar River. Our understanding is that,while the project will
have minimal likelihood for affecting the listed species in the Cedar,WSDOT standards set a very low
threshold for triggering documentation requirements. Accordingly,Parametrix is proposing to conduct
analysis of the potential for affecting listed species or their habitat from proposed activities,and will
document the results in a document that could range from an expanded"no effect"letter to an actual BA.
Task I Project Management
Parametrix staff will work together on project management and project coordination,the Sumner office
will responsible for coordination between the client and Parametrix Staff.
Task 2 Gathering and reviewing Proposed Project Activity Information
Parametrix staff will meet with project team members to discuss the project approach,and identify all
proposed activities that would need to be detailed in the Consultation document, including staging,BMPs,
maintenance activities,and clean up.
Task 3 Gathering and Reviewing Natural Resource Data
Parametrix staff will gather and review relevant project site data and listed species habitat information.
The information gathering process typically includes the following sources:
♦ The City will provide reference to past species request letters these will be referenced on the species
request letters to help expedite this process with the regulatory agencies.
♦ NMFS data regarding listed species presence in project area(available on-line);
♦ USFWS data regarding listed species presence in project area(via species request letter);
♦ Washington Department of Fish and Wildlife(WDFW)Priority Habitats and Species data;
♦ Washington Department of Natural Resources Natural Heritage(WDNR)data(via species request
letter);
♦ Most recent SASSI information;
♦ Project description and plans prepared by project team; and
♦ Other environmental documentation prepared for the project area.
In addition,Parametrix will research existing literature and scientific data to determine species
distribution,habitat requirements,and other pertinent biological information. Biologists from WDFW,
NMFS, and USFWS may be contacted for additional information on species,occurrence,habitat
requirements, and potential vulnerability to project related activities.
Typically the species covered in the Biological Assessments are determined by the species request letters
received from the agencies. However,these letters take up to 30 days to receive from the agencies. To
expedite the process, we can base the Consultation document on species request letters obtained for other
projects in the area. However, it will still be necessary to obtain project specific letters before WSDOT
can officially concur with the findings and either forward the document to the Services(if a may affect
determination is made)or finalize environmental compliance(if a no effect determination is made).
Task 4 Preparation of Draft Biological Assessment
The desired content and format for a BA will vary slightly from agency to agency; however,the
expectations of NMFS and USFWS dictate that certain information be provided in all BAs. Typically,
the following items are included in BAs prepared on WSDOT's behalf:
Exhibit B-1
♦ A brief description and location of the project(City will provide);
♦ Construction information including when the work will be completed(City will provide) ;
♦ Description of listed species or habitat within the project area(City will provide past species request
information);
♦ Evaluation of the potential "effects" on listed species;
♦ Assertion of"effect" determinations for each listed species;
♦ Development and recommendations of conservation and mitigation measures;and
♦ Bibliography.
In addition to these basic requirements,NMFS has requested that all BAs prepared for species in their
jurisdiction should include a NMFS Matrix of Pathways and Indicators evaluation. The Matrix of
Pathways and Indicators is also often used to evaluate resident fish species under USFWS jurisdiction,
but it has not been mandated.
Task S Review of Draft Consultation Document by City
Parametrix will address comments on the draft consultation document from the City,one round of
revisions is provided for under this scope.
Task 6 Submission of Draft Consultation Document to WSDOT
Parametrix will address comments on the draft consultation document from the City.
Task 7 *Submittal of Consultation document to Services(if necessary)
If WSDOT determines that the Consultation document needs to be submitted to the Services(this will be
necessary if a"may affect"determination is made),then Parametrix will be prepared to address comments
or requests for additional information from the Services.
Assumptions
The following assumptions apply to this scope of work:
♦ Complete project descriptions, including necessary details regarding staging, BMPS and proposed
activities are available from the City and project team.
♦ Consultation with the agencies(Task 7) is anticipated to take no more than 12 hours of work time. If
further consultation with the agencies is necessary a supplemental scope of work or amendment will
be required.
♦ One copy of a preliminary draft BA will be submitted for one round of review.
♦ This scope only covers the work necessary for the BA it does not include permit work for Hydraulic
Project Approval (HPA) if one is necessary. If the City would like assistance with the HPA the scope
and budget can be amended to include permitting assistance.
Product
♦ Two hard copies of the BA and an electronic version will be provided to the City.
Exhibit C-2
Payment
(Cost Plus Fixed Fee)
The CONSULTANT shall be paid by the 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 nonsalary 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 heading 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 items: travel,printing, long distance telephone, supplies,
computer charges, and fees of subconsultants. Air or train 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 rate 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 defined 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."
Co
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 often 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 the 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 are 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 the
appropriateness of any item and that at the time of final audit,all required adjustments will be made and
reflected in a final payment. In the event that such final audit reveals an overpayment to the
CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within ninety(90)
days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the 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: Logan Avenue Bridge Seismic Retrofit-
Direct Salary Cost (DSC):
Classification Man Hours Rate = = Cost
ESA director 2.0 X 46.30 $ 92.60
Sr Planner 27.0 X 34.00 918.00
Planner IV 9.0 X 30.90 278.10
Scientist I 10.0 X 17.50 175.00
CAD Graphics 1.0 X 19.00 19.00
Word Processing 3.0 X 17.80 53.40
Tech Aid 1.0 X 16.00 16.00
X
X
Total DSC $ 1,552.10
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 1.85 % x$ 1,552.10 2,871.39
Fixed Fee (FF):
FF Rate x DSC of .30 % x$ 1,552.10 465.63
Reimbursables:
Itemized 221.10
Subconsultant Costs (See Exhibit G):
Grand Total 5,110.22
Prepared By: Theresa Turpin Date: September 17, 2002
Exhibit D-1
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Exhibit E
Parametrix, Inc.
Overhead Schedule
2000
Proposed Audited
General Parametrix PMX Overhead Audit DOT Overhead
Classification Ledger Adj. Ref. Costs Adj. Ref. Costs %
Direct Labor Base $9,098,641 -$45,263 a $9,053,378 $9,053,378
Overhead Expenses
Administrative Salaries $5,103,408 -$142,399 a,b $4,961,009 $83,507 P $5,044,516 55.72%
Training Salaries 135,255 135,255 135,255 1.49%
Vacation,Sick Leave,Holidays 1,669,818 1,669,818 1,669,818 18.44%
Bonuses 347,669 347,669 347,669 3.84%
Marketing Salaries 1,372,152 1,372,152 1,372,152 15.16%
Advertising Salaries,Expenses 3,597 -3,597 c 0 0 0.00%
Marketing Expenses 119,230 119,230 -35,363 A 83,867 0.93%
ESOP Trust(Retirement Plan) 1,183,040 1,183,040 1,183,040 13.07%
Payroll Taxes 1,391,927 1,391,927 1,391,927 15.37%
Excise Taxes 486,968 486,968 486,968 5.38%
Insurance 252,254 252,254 -2,867 B 249,387 2.75%
Medical Insurance 1,145,920 1,145,920 1,145,920 12.66%
Office Rent 1,549,956 1,549,956 -125,530 C 1,424,426 15.73%
Office Expenses&Supplies 250,183 250,183 -99,316 D 150,867 1.67%
Special Awards,Client Service 46,492 46,492 -2,245 I 44,247 0.49%
Printing,Copier/Printer Supplies 341,133 341,133 -11,338 E 329,795 3.64%
Billed In-house Printing -119,591 -119,591 (119,591) -1.32%
Telephone 297,675 297,675 -4,004 F 293,671 3.24%
Billed In-house Telephone -15,682 -15,682 (15,682) -0.17%
Depreciation 644,565 644,565 644,565 7.12%
Goodwill 21,507 -21,507 d 0 0 0.00%
Business Meals 57,079 57,079 -51,260 G 5,819 0.06%
Auto Expense 158,171 158,171 -23,820 H 134,351 1.48%
Billed In-house Mileage -68,459 -68,459 (68,459) -0.76%
Office Travel 109,965 109,965 -42,117 J 67,848 0.75%
Subscriptions,Library Material 40,916 40,916 40,916 0.45%
Dues 37,465 37,465 -17,972 K 19,493 0.22%
Donations 31,199 -31,199 e 0 0 0.00%
Professional Licenses 14,573 14,573 14,573 0.16%
Postage,Couriers,Freight 58,777 58,777 58,777 0.65%
Training/Education 193,810 193,810 -57,873 L 135,937 1.50%
Health&Safety Training 5,314 5,314 5,314 0.06%
Field Equipment/Supplies 9,366 9,366 9,366 0.10%
Lab Equipment/Supplies 31,360 31,360 -156 M 31,204 0.34%
Sampling Equipment/Supplies 3,083 3,083 3,083 0.03%
Health&Safety Equipment/Supplies 273 273 273 0.00%
Survey Equipment/Supplies 14,152 14,152 14,152 0.16%
Boat Equipment/Supplies 5,073 5,073 5,073 0.06%
Billed In-house Equipment -43,000 -43,000 (43,000) -0.47%
Office Furniture 33,370 33,370 33,370 0.37%
Office Equipment 40,291 40,291 40,291 0.45%
Computer Supplies/Repair 173,448 173,448 173,448 1.92%
Billed In-house Computer Charges -84,305 -84,305 (84,305) -0.93%
Recruiting Costs 144,536 144,536 -2,919 N 141,617 1.56%
Legal&Audit 90,190 90,190 90,190 1.00%
WSDOT Audit Report No.01-001 Page 7 Provided July 2001
Exhibit E
Parametrix, Inc.
Overhead Schedule
2000
Proposed Audited
General Parametrix PMX Overhead Audit DOT Overhead
Classification Ledger Adj. Ref. Costs Adj. Ref. Costs %
Temporary Labor 101,541 101,541 101,541 1.12%
Consulting Services 201,375 201,375 -43 O 201,332 2.22%
Employee Relocation Costs -993 -993 (993) -0.01%
Bad Debts 87,738 -87,738 f 0 0 0.00%
Office Moving/Remodeling -50,317 165,155 g 114,838 114,838 1.27%
Personal Property Taxes 25,742 25,742 25,742 0.28%
Utilities/Building Maintenance 141,576 141,576 141,576 1.56%
Benefit Plans Administration 20,604 20,604 20,604 0.23%
Interest,Bank Charges 3,726 -1,708 h 2,018 2,018 0.02%
Cost of Capital 0 100,652 I 100,652 100,652 1.11%
Total Overhead Expenses $17,815,115 -$22,341 $17,792,774 -$393,316 $17,399,458 192.19%
Overhead Rate 195.80% 196.53% 192.19%
NEGOTIATED OVERHEAD RATE FOR BILLING: 185.00%
Parametrix References:
a. Remove overtime premium from direct and indirect labor based on percentage of 1999.
b. Unallowable executive compensation over$353,010.
c. Unallowable business development.
d. Unallowable contributions.
e. Unallowable goodwill.
f. Unallowable bad debts.
g. Houston reserve reversed in 1999.
h. Unallowable interest.
i. Cost of capital.
WSDOT References:
A 48 CFR 31.202(a)Direct project costs;31.205-14 Entertainment;31.205-15,31.20546,and WSDOT Accounting Manual,M13-82,Chapter 10
Travel- Excess lodging and per diem.
B 48 CFR 31.205-19(2)(vi)Key person life insurance.
C 48 CFR 31.205-36(b)(3)Common control adjustments.
D 48 CFR 31.205-14 Entertainment;31.205-13(b)Gifts;31.205-51 Alcoholic beverage;31.205-8 Donations; 31.205-14&WSDOT policy
Excess holiday party and picnic;31.205-14&and WSDOT Accounting Manual M 13-82,Chapter 10,Travel- Local(unsupported)meals.
E 48 CFR 31.205-1(a)Advertising;31.205-13(b)Gift(flowers)for client.
F 48 CFR 31.201-2(c)and 31.201-3(a)Prior year's expense;and WSDOT Accounting Manual M 13-82,Chapter 10,Travel- Personal phone calls.
G 48 CFR 31.205-14 Entertainment;31.205-51 Alcoholic beverage;31.205-14&and WSDOT Accounting Manual M13-82,Chapter 10,Travel
Local meals.
H 48 CFR 31.201-6(c)Undocumented costs;31.205-15(a)Parking violations.
I 48 CFR 31.205-13(b)Excess award costs;31.201-6(c)Unidentified award.
J 48 CFR 31.215-14 Entertainment;31.201-2(c)and 31.201-3(a)Prior year's expense;31.205-1(f)Trade show costs;31.205-14,31.20546 and WSDOT
Accounting Manual M 13-82,Chapter 10,Travel-Excess lodging&per diem,and personal use of rental car.
K 48 CFR 31.205-1(f)(7)Contributions to social clubs;31.205-22 Lobbying.
L 48 CFR 31.205-14 Entertainment;31.205-22 Lobbying;31.205-14&and WSDOT Accounting Manual M13-82,Chapter 10,Travel-Local meals
including unsupported business meals;31.205-14,31.20546&and WSDOT Accounting Manual M13-82,Chapter 10,Travel-Excess lodging
and per diem.
M 48 CFR 31.202(a)Direct project costs.
N 48 CFR 31.205-14 Entertainment;31.205-14,31.205-46 and and WSDOT Accounting Manual M13-82,Chapter 10,Travel- Local meals&excess
lodging.
O 48 CFR 31.205-13(b)Flowers for non-employees.
P Adjust for auto allowance and excess executive salaries that were deducted twice.
WSDOT Audit Report No.01-001 Page 8 Provided July 2001
C� 4
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 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 termination is to the
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 the 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 the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
CAG-02-180 Adden 1-03
PARAMETRIX Form 02-PD-76/Rev.03/03
Amendment No. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
City of Renton Parametrix, Inc.
1055 South Grady Way and 1231 Fryar Avenue, P.O. Box 460
Renton, WA 98055 Sumner, WA 98390
The terms and provisions of the Agreement for Professional Services apply herein unless otherwise specifically revised.
Date: October 21,2002
Project Name: Logan Avenue Bridge Seismic Retrofit- Project No.: 214-1779-017
Biological Assessment
Contract Price: Time of Completion:
Original Contract: $ 5,610.22 Original Contract: 10/21/02
Prior Amendments: $ -- Prior Amendments: --
This Amendment: $ 2,780.39 This Amendment: 03/19/03
Revised Total: $ 8,390.61 Revised Date: 03/19/03
Description of Amendment:
Add the Terms and Conditions of Attachment "A." In the event Attachment"A" terms conflict with the
original agreement,Attachment "A" terms shall apply.
Additional compensation as detailed in Attachment"B" is provided to compensate for full Biological
Assessment.
Reason for Amendment:
To assure the City is in compliance with requirements of the Endangered Species Act.
w 1
Approved By:
CITY OF RENTON PAR 'IT'R71XC.
B y'
By:
x fiL
z
Title:
/�" Title: Doug Berschauer,Principal
Date: _ Date: �� ��j (f�a I
31110
' ATTACHMENT "A" CAG-02-180
Consultant/Address/Te one
Local Agency Parametrix, Inc.
Standard Consultant 1231 Fryar Ave.
Agreement P.O. Box 460
g Sumner,WA 98390-1516
Agreement Number
Federal Aid Number Project Title And Work Description
Logan Avenue Bridge Seismic Retrofit-
Agreement Type(Choose one) Biological Assesment and related environmental work
❑Lump Sum
Lump Sum Amount $
®Cost Plus Fixed Fee
Overhead Progress Payment Rate % DEE Participation
Overhead Cost Method ❑Yes ® No %
❑Actual Cost WEE Participation
❑Actual Cost Not To Exceed % ❑Yes N No °o
Federal ID Number or Social Security Number
® Fixed Rate 185
Fixed Fee $ 465.63 Do you require a 1099 for IRS? Completion Date
Specific Rates Of Pay []Yes N No December 31, 2003
❑
❑Negotiated Hourly Rate Total Amount Authorized $ 5,110.22
❑ Provisional Hourly Rate Management Reserve Fund $ 500.00
❑Cost Per Unit of Work
Maximum Amount Payable $ 5,610.22
THIS AGREEMENT, made and entered into this a j day of
between the Local Agency of RENTON Washington, hereinafter called the
"AGENCY" , and the above organization hereinafter called the "CONSULTANT'.
WtTNESSETH 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 fumish
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 Forth 140-089 EF
Revised 12/99
All reports, PS&E mals, 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 prior 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 writing 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 is
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—
The CONSULTANT shall be paid by the AGENCY
required shall be agreed to between the AGENCY
for completed work and services rendered under this
and the CONSULTANT and shown in Exhibit"B"
AGREEMENT as provided in Exhibit"C"attached
attached hereto and made part of this AGREEMENT.
hereto, and by this reference made part of this
The CONSULTANT shall prepare a monthly
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
incidentals necessary to complete the work
work in sufficient detail so that the progress of the
specified in Section II, "Scope of Work". The
work can easily be evaluated.Goals for Disadvan- CONSULTANT shall conform with all applicable
taged Business Enterprises(DBE)and Women
portions of 48 CFR 31.
Owned Business Enterprises(WBE)if required shall
be shown in the heading of this AGREEMENT.
Page 2 of 8
y
VI employees of the CULTANT only and not of the
SUBCONTRACTINICa 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 written 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, marital status,sex, age or handicap
EMPLOYMENT except for a bona fide occupational qualification with
regard to,but not limited to the following: employ-
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 from 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 right 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
` ' 1
Department of Transportation,Titilaw.,Code of sive possession oother 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 are 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 American 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, marital Administration may determine to be appropriate,
status, national origin or handicap except for a including,but not limited to:
bona fide occupational qualification in the selec-
t. Withholding of payments to the CONSULT-
tion and retention of subconsultants, including
ANT under the AGREEMENT until the
procurements of materials and leases of equip-
ment.The CONSULTANT shall not participate CONSULTANT complies,and/or
either directly or indirectly 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
covers a program set forth in Appendix II of the
F. INCORPORATION OF PROVISIONS:The
Regulations. CONSULTANT shall include the provisions of
paragraphs(A)through (G) in every subcontract,
C. SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of
INCLUDING PROCUREMENTS OF MATERI- equipment, unless exempt by the Regulations or
ALS AND EQUIPMENT: In all solicitations directives issued pursuant 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
subconsuftant or supplier shall be not fled 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, marital supplier as a result of such direction,the CON-
status, national origin 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.
Regulations or directives.Where any information
required of the CONSULTANT is in the exclu-
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
of the partnership,termination of the corporation,or
this AGREEMENT at any time upon ten days written disaff iliation 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 renegotiation 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 prior 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
Payment for any part of the work by the AGENCY
excess paid.
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 incurred 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 correct 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 S of 8
XI that nothing herein shall require a CONSULTANT to
DISPUTES indemnify the AGENCY and the STATE against and
hold harmless the AGENCY and the STATE from
Any dispute concerning questions of fact in connec-
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
agents,officers and employees and provided further
be referred for determination to the Director of Public
that if the claims or suits are caused by or result from
Works or AGENCY Engineer,whose decision in the
the concurrent negligence of (a)the
matter shall be final and binding on the parties of this
CONSULTANT's agents or employees and (b)the
AGREEMENT, provided however,that if an action is
AGENCY and the STATE,their agents, officers and
brought challenging the Director of Public Works or
employees,this indemnity provision with respect to
AGENCY Engineer's decision,that decision shall be
(1)claims or suits based upon such negligence, (2)the
subject to de novo judicial review.
costs to the AGENCY and the STATE of defending
XII such claims and suits, etc. shall be valid and enforce-
VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANT's
PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT's
agents or employees.
In the event that either party deems it necessary to
institute legal action or proceedings to enforce 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 right of appeal under the state industrial insurance law,Title 51
from such decisions of the Superior 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 provisions of RCW 4.24.115 and was the subject of
jurisdiction of the Superior court of the State 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
XIII 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 during 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 contractor's failure to perform its work
The CONSULTANT shall indemnify 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 during the terms of the AGREEMENT,or as other-
suits at law or equity arising in whole or in part from wise required,the following insurance with
the CONSULTANTS 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
XN
huuratfce{;overage EXTRA WORK
A. WOWS compWastion and wwIoyWs liability A. The AGENCY may at any time,by written order,
Insurance as required by the STATE. make changes within the general s:;ope of the
AGREEMENT in the services to be perfanned
B. General cottnrrter�ciat aabflty Insurance M an
amount not lass than a single Ifmlt at one o loll B- If any ouch change causes an Increase or decrease
and owl 00 Dollars(".000,000.00)for bodily in the 43 thatad oast of,or the time roqulrod for,
Injury,bduc rig death and pmpwV damge performance of arty part of the work under this
Per ocGrtr MQ. ` AGREEMENT,Whether or not changed by the
r. i've./'-'L 6 y 1idw, •Q.P 1,000" g-- order,or otherwlse affects any other terms and
Excepthtg fete Wotttst's Conipentntlon ltaxance and corhdMons of the AgREEMEN'f,the AGENCY
tt�v any prdesal�td liabaly ihsWrattce secured by the shall make an able
to� equit acjustmont in the
CONt3tA.TANT,tha AGENCY hnrlU be Warned on as (1)maxknUM amount payable;(2)detivary of
C certtibstea of kw4rattce as an additional insured The oxViedon schedule,of both;and(3)atha-
�� ., CONSLLTAHTshall fumisih to AGENCY with affaeted tsars and shall modlty the AGREE-
ve>d icaAvtl of inauawa and andowafnews required MENT accortfingly.
by this AaFtEEMEKT.The AGM4CY rt3orma the
tlghl to mquin coeMkft mWied espies of all C.The CONStR.TANT mast submit ft`request
rawlied Insurance poaeles at any Ima br egWkable adjustment(hereafter ref error to
as claim)under this clause wk:hin 3a days;rom
All ittsraat>es attsttbe ob lropt ate irttnrraaee the date of receipt of the written order.However,
comp w eithafted to do business In tyre SWe of t the AGENCY decide8 that the facts just{ry s,
WasNagma YU CONS1.UANT"a*mk a the AGENCY may receive and act upon a claim
valM a4a of ksaxame as outlined above whiten outwitted before Anat payment of the
14 days of the aa=ffion of this AGREEMENT to AGREEMENT.
the AGENCY.
O. FAIIU a to agree to any er ustrnerht shall bd a
No cancellation of the 11wegOW poWas shd be dispute under the 131sputes clause.Hmaver
4#ac*a tt OnA ftV(30) pft r4tica to nothing In this cause shhall extcuse the CON-
Ow AGENCY. SMTANT fmm pmoeedirtg with the
The CONSULTAN'Ps profasslonal bbfQgr to the AGREEMENT as changed.
AfsE=an be thnbdto the amowht payable E. NotwithsUndIng tlhe tons and oomiltion of
uriderfhis AGREEMENT or ors nttllon doter*.
Mrtt!<lwver is ette greater sinless modified by pata�raphs(a}and(b)above,the maximt,�r�
amount payable for this AGREEMENT,shaft
EhMW H.In no case shall the CONSUI.TAtM-% not be hweased or considered to be increased
professbrtai labpily to third pwdw be gailted in
except byBpecXlc written sWplemern to#$16
any VAy' AGREEMENT.
The AGENCY will Pay no Provess Psymuwft xv
under Soctlon v tred the CONSULTANT has tufty ENDORSEMENT OF PLANS
complied v l b this section.Tula remedy is not wmfu-
swe-am to AGENCY end the STATE may take The CONSUI.TANiT shall place his endorsement on
such other action as Is avatfabte.to then undef other all tome.estimates or any other engineering data
provisions of this AGREEMENT.or othem isa In law. fumished by him.
Page 7 of 8
T.
XVI 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 provisions 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 tation, promise or agreement not set forth herein. No
CERTIFICATION OF THE CONSULTANT changes, amendments,or modifications of the terms
AND THE AGENCY
hereof shall be valid unless reduced to writing and
Attached hereto as Exhibit"A-1",are the signed by the parties as an amendment to this
Certfications of the Consultant and the Agency, AGREEMENT.
Exhibit"A-2"Certification regarding debarment, XIX
suspension and other responsibility matters-primary 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"are 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 written.
By By
oti Consultant ��Je�J/NE%l1/�l ��J G, Agency C In�
9
Page 8 of 8
Exhibit A-1
Certification Of Consultant
Project No.
Local Agency
I hereby certify that I am and duly authorized
representative of the firm of Parametrix, Inc. whose address is
1231 Fryar Ave.,P.O. Box 460, Sumner,WA 98390-1516 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 firm 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 Fe eral laws,both criminal and civil.
Z�2
Date Sig,3see
Certification of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of RENTON 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 firm 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.
C /v% I—/I
Dater S r
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 transactions by any federal department 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 Lb. 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.
9 3 Z �"
ate) (Sig ure) President or Authorized Offrcial of onsultant
Exhibit B-1
Scope of Work
The following scope addresses the tasks necessary to complete a Biological Assessment for seismic
maintenance activities on a bridge over the Cedar River. Our understanding is that, while the project will
have minimal likelihood for affecting the listed species in the Cedar,WSDOT standards set a very low
threshold for tri ggering documentation requirements. Accordingly, Parametrix is proposing to conduct
analysis of the potential for affecting listed species or their habitat from proposed activities, and will
document the results in a document that could range from an expanded"no effect" letter to an actual BA.
Task I Project Management
Parametrix staff will work together on project management and project coordination, the Sumner office
will responsible for coordination between the client and Parametrix Staff.
Task 2 Gathering and reviewing Proposed Project Activity Information
Parametrix staff will meet with project team members to discuss the project approach, and identify all
proposed activities that would need to be detailed in the Consultation document, including staging, BMPs,
maintenance activities, and clean up.
Task 3 Gathering and Reviewing Natural Resource Data
Parametrix staff will gather and review relevant project site data and listed species habitat information.
The information gathering process typically includes the following sources:
♦ The City will provide reference to past species request letters these will be referenced on the species
request letters to help expedite this process with the regulatory agencies.
♦ NMFS data regarding listed species presence in project area(available on-line);
♦ USFWS data regarding listed species presence in project area(via species request letter);
♦ Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species data;
♦ Washington Department of Natural Resources Natural Heritage (WDNR) data(via species request
letter);
♦ Most recent SASSI information;
♦ Project description and plans prepared by project team; and
♦ Other environmental documentation prepared for the project area.
In addition, Parametrix will research existing literature and scientific data to determine species
distribution,habitat requirements,and other pertinent biological information. Biologists from WDFW,
NMFS, and USFWS may be contacted for additional information on species, occurrence, habitat
requirements, and potential vulnerability to project related activities.
Typically the species covered in the Biological Assessments are determined by the species request letters
received from the agencies. However, these letters take up to 30 days to receive from the agencies. To
expedite the process, we can base the Consultation document on species request letters obtained for other
projects in the area. However, it will still be necessary to obtain project specific letters before WSDOT
can officially concur with the findings and either forward the document to the Services(if a may affect
determination is made) or finalize environmental compliance (if a no effect determination is made).
Task 4 Preparation of Draft Biological Assessment
The desired content and format for a BA will vary slightly from agency to agency; however, the
expectations of NMFS and USFWS dictate that certain information be provided in all BAs. Typically,
the following items are included in BAs prepared on WSDOT's behalf:
Exhibit B-1
♦ A brief description and location of the project(City will provide);
♦ Construction information including when the work will be completed (City will provide) ;
♦ Description of listed species or habitat within the project area(City will provide past species request
information);
♦ Evaluation of the potential "effects" on listed species;
♦ Assertion of"effect" determinations for each listed species;
♦ Development and recommendations of conservation and mitigation measures; and
♦ Bibliography.
In addition to these basic requirements, NMFS has requested that all BAs prepared for species in their
jurisdiction should include a NMFS Matrix of Pathways and Indicators evaluation. The Matrix of
Pathways and Indicators is also often used to evaluate resident fish species under USFWS jurisdiction,
but it has not been mandated.
Task 5 Review of Draft Consultation Document by City
Parametrix will address comments on the draft consultation document from the City, one round of
revisions is provided for under this scope.
Task 6 Submission of Draft Consultation Document to WSDOT
Parametrix will address comments on the draft consultation document from the City.
Task 7 *Submittal of Consultation document to Services(if necessary)
If WSDOT determines that the Consultation document needs to be submitted to the Services (this will be
necessary if a"may affect"determination is made), then Parametrix will be prepared to address comments
or requests for additional information from the Services.
Assumptions
The following assumptions apply to this scope of work:
♦ Complete project descriptions, including necessary details regarding staging, BMPS and proposed
activities are available from the City and project team.
♦ Consultation with the agencies (Task 7) is anticipated to take no more than 12 hours of work time. If
further consultation with the agencies is necessary a supplemental scope of work or amendment will
be required.
♦ One copy of a preliminary draft BA will be submitted for one round of review.
♦ This scope only covers the work necessary for the BA it does not include permit work for Hydraulic
Project Approval (HPA) if one is necessary. If the City would like assistance with the HPA the scope
and budget can be amended to include permitting assistance.
Product
♦ Two hard copies of the BA and an electronic version will be provided to the City.
Exhibit C-2
Payment
(Cost Plus Fixed Fee)
The CONSULTANT shall be paid by the 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 nonsalary 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 heading 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 items: travel, printing, long distance telephone, supplies,
computer charges, and fees of subconsultants. Air or train 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 rate 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 defined 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 often 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 the 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 are 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 the
appropriateness of any item and that at the time of final audit, all required adjustments will be made and
reflected in a final payment. In the event that such final audit reveals an overpayment to the
CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within ninety (90)
days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the 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: Logan Avenue Bridge Seismic Retrofit-
Direct Salary Cost (DSC):
Classification Man Hours Rate = = Cost
ESA director 2.0 X 46.30 $ 92.60
Sr Planner 27.0 X 34.00 918.00
Planner IV 9.0 X 30.90 278.10
Scientist I 10.0 X 17.50 175.00
CAD Graphics 1.0 X 19.00 19.00
Word Processing 3.0 X 17.80 53.40
Tech Aid 1.0 X 16.00 16.00
X
X
Total DSC = $ 1,552.10
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 1.85 % x $ 1,552.10 2,871.39
Fixed Fee (FF):
FF Rate x DSC of .30 % x $ 1,552.10 465.63
Reimbursables:
Itemized 221.10
Subconsultant Costs (See Exhibit G):
Grand Total 5,110.22
Prepared By: Theresa Turpin Date: September 17, 2002
Exhibit D-1
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Exhibit E
Parametrix, Inc.
Overhead Schedule
2000
Proposed Audited
General Parametrix PMiX Overhead Audit DOT Overhead
Classification Ledger Adj. Ref. Costs Adj. Ref. Costs %
Direct Labor Base $9,098,641 -$45,263 a $9,053,378 $9,053.378
Overhead Expenses
Administrative Salaries $5,103,408 -$142,399 a,b 34,961,009 $83,507 P $5,044,516 55.72%
Training Salaries 135,255 135,255 135,255 1.49%
Vacation,Sick Leave,Holidays 1,669,818 1,669,818 1,669,818 18.44%
Bonuses 347,669 347,669 347,669 3.84%
Marketing Salaries 1,372,152 1,372,152 1,372,152 15.16%
Advertising Salaries,Expenses 3,597 -3,597 c 0 0 0.00%
Marketing Expenses 119,230 119,230 -35,363 A 83,867 0.93%
ESOP Trust(Retirement Plan) 1,183,040 1,183,040 1,183,040 13.07%
Payroll Taxes 1,391,927 1,391,927 1,391,927 15.37%
Excise Taxes 486,968 486,968 486,968 5.38%
Insurance 252,254 252,254 -2,867 B 249,387 2.75%
Medical Insurance 1,145,920 1,145,920 1,145,920 12.66%
Office Rent 1,549,956 1,549,956 -125,530 C 1,424,426 15.73%
Office Expenses&Supplies 250,183 250,183 -99,316 D 150,867 1.67%
Special Awards,Client Service 46,492 46,492 -2,245 I 44,247 0.49%
Printing,Copier/Printer Supplies 341,133 341,133 -11,338 E 329,795 3.64%
Billed In-house Printing -119,591 -119,591 (119,591) -1.32%
Telephone 297,675 297,675 -4,004 F 293,671 3.24%
Billed In-house Telephone -15,682 -15,682 (15,682) -0.17%
Depreciation 644,565 644,565 644,565 7.12%
Goodwill 21,507 -21,507 d 0 0 0.00%
Business Meals 57,079 57,079 -51,260 G 5,819 0.06%
Auto Expense 158,171 158,171 -23,820 H 134,351 1.48%
Billed In-house Mileage -68,459 -68,459 (68,459) -0.76%
Office Travel 109,965 109,965 -42,117 J 67,848 0.75%
Subscriptions,Library Material 40,916 40.916 40,916 0.45%
Dues 37,465 37,465 -17,972 K 19.493 022%
Donations 31,199 -31,199 e 0 0 0.00%
Professional Licenses 14,573 14,573 14,573 0.16%
Postage,Couriers,Freight 58,777 58,777 58,777 0.65%
Training/Education 193,810 193.810 -57,873 L 135,937 1.50%
Health&Safety Training 5,314 5,314 5,314 0.06%
Field Equipment/Supplies 9,366 9,366 9,366 0.10%
Lab Equipment/Supplies 31,360 31,360 -156 M 31,204 0.34%
Sampling Equipment/Supplies 3,083 3.083 3,083 0.03%
Health&Safety Equipment/Supplies 273 273 273 0.00%
Survey Equipment/Supplies 14,152 14,152 14,152 0.16%
Boat Equipment/Supplies 5,073 5.073 5,073 0.06%
Billed In-house Equipment -43,000 -43,000 (43,000) -0.47%
Office Furniture 33,370 33.370 33,370 0.37%
Office Equipment 40,291 40,291 40,291 0.45%
Computer Supplies/Repair 173,448 173,448 173,448 1.92%
Billed In-house Computer Charges -84,305 -84,305 (84,305) -0.93%
Recruiting Costs 144,536 144.536 -2,919 N 141,617 1.56%
Legal&Audit 90,190 90,190 90,190 1.00%
WSDOT Audit Report No.01-001 Page 7 Provided July 2001
Exhibit E
Parametrix, Inc.
Overhead Schedule
2000
Proposed Audited
General Parametrix PMx Overhead Audit DOT Overhead
Classification Ledger Adj. Ref. Costs Adj. Ref. Costs %
Temporary Labor 101,541 101,541 101,541 1.127
Consulting Services 201,375 201,375 -43 O 201,332 2.22%
Employee Relocation Costs -993 -993
(993) -0.01%
Bad Debts 87,738 -87,738 f 0 0 0.00%
Office Moving/Remodeling -50,317 165,155 g 114,838 114,838 1.27%
Personal Property Taxes 25,742 25,742 25,742 0.28%
Utilities/Building Maintenance 141,576 141,576 141,576 1.56%
Benefit Plans Administration 20,604 20,604 20,604 0.23%
Interest,Bank Charges 3,726 -1,708 h 2,018 2,018 0.02%
Cost of Capital 0 100,652 I 100,652 100,652 1.11%
Total Overhead Expenses $17,815,115 -$22,341 $17,792,774 -$393,316 $17,399,458 192.19%
Overhead Rate 195.80% 196.53% 192.19%
NEGOTIATED OVERHEAD RATE FOR BILLING: 1 185.00%
Parametrix References:
a. Remove overtime premium from direct and indirect labor based on percentage of 1999.
b. Unallowable executive compensation over$353.010.
c. Unallowable business development.
d. Unallowable contributions.
e. Unallowable goodwill
f. Unallowable bad debts.
g. Houston reserve reversed in 1999.
h. Unallowable interest.
i. Cost of capital.
WSDOT References:
A 48 CFR 31.202(x)Direct project costs;31.205-14 Entertainment;31.205-15,31.205-46,and WSDOT Accounting Manual,M13-82,Chapter 10
Travel- Excess lodging and per diem.
B 48 CFR 31.205-0(2)(vi)Key person life insurance.
C 48 CFR 31.205-36(b)(3)Common control adjustments.
D 48 CFR 31.205-14 Entertainment;31.205-13(b)Gifts;31.205-51 Alcoholic beverage;31.205-8 Donations; 31.205-14&WSDOT policy
Excess holiday party and picnic;31.205-14&and WSDOT Accounting Manual M13-82.Chapter 10.Travel- Local(unsupported)meals.
E 48 CFR 31.205-1(a)Advertising;31.205-13(b)Gift(flowers)for client.
F 48 CFR 31.201-2(c)and 31.201-3(a)Prior year's expense;and WSDOT Accounting Manual M13-82,Chapter 10,Travel- Personal phone calls.
G 48 CFR 31.205-14 Entertainment:31.205-51 Alcoholic beverage;31.205-14&and WSDOT Accounting Manual M13-82,Chapter 10,Travel
Local meals.
H 48 CFR 31.201-6(c)Undocumented costs;31.205-15(a)Parking violations.
1 48 CFR 31.205-13(b)Excess award costs;31.201-6(c)Unidentified award.
J 48 CFR 31.215-14 Entertainment;31.201-2(c)and 31.201-3(a)Prior year's expense;31.205-1(f)Trade show costs;31.205-14,31.205-16 and WSDOT
Accounting Manual M 13-82,Chapter 10,Travel-Excess lodging&per diem,and personal use of rental car.
K 48 CFR 31.205-I(f)(7)Contributions to social clubs:31.205-22 Lobbying.
L 48 CFR 31.205-14 Entertainment;31.205-22 Lobbying;31.205-14&and WSDOT Accounting Manual M 13-82,Chapter 10.Travel-Local meals
including unsupported business meals;31.205-14,31.205-46&and WSDOT Accounting Manual M 13-82.Chapter 10,Travel-Excess lodging
and per diem.
M 48 CFR 31 202(a)Direct project costs.
N 48 CFR 31.205-14 Entertainment;31.205-14,31?05-46 and and WSDOT Accounting Manual M 13-82,Chapter 10,Travel- Local meals&excess
lodging.
O 48 CFR 31.205-13(b)Flowers for non-employees.
P Adjust for auto allowance and excess executive salaries that were deducted twice.
WSDOT Audit Report No.01-001 Page 8 Provided July 2001
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 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 termination is to the
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 the 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 the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.