DEP.RFR.BWSC.MIWOSPRS.2016-03.ATTACH2.PRICE.TANDC.RATE.7.21.16.docx

Commonwealth of Massachusetts Department of Environmental Protection

Marine & Inland Waters Oil Spill Prevention & Response Services Contract (MIWOSPRS)

Attachment #2

PRICING

TERMS AND CONDITIONS

& RATE SCHEDULES

Name of Bidder Responding to RFR:

Bidders, please enter firm name in space above.

MARINE & INLAND WATERS OIL SPILL PREVENTION

& RESPONSE SERVICES CONTRACT (MIWOSPRS)

ATTACHMENT 2

PRICING

TERMS AND CONDITIONS AND RATE SCHEDULES

ATTACHMENT #2 TABLE OF CONTENTS

ARTICLE 1 GENERAL TERMS AND CONDITIONS

A. General Terms and Conditions for Pricing Conditions and Rate Schedules

1. No Changes to text or Rate Sheets and Schedules without Authorization: Bidders shall not change, alter, modify, adjust any provisions, text, and/or tables in this Attachment #2. Bidders must enter rates into the Rates Sheets provided at the end of this Attachment #2, and submit the Rate Sheets as part of the RFR Response to this procurement. During the Contract term, any changes, alterations, modifications, adjustments to provisions, text or tables in this Article shall not be applicable to this Contract, and the original unaltered provisions, text and tables shall be applicable.

2. General Statement for Disallowed Charges: During the term of the Contract, any Contractor charges/expenses that violate any of the restrictions, terms and conditions in this Attachment, or violate any other provisions of this Contract, shall be disallowed without written approval by the Department's Contract Administrator prior to the Contractor's incurring those charges/expenses.

3. Departmental Right to Negotiate Rates and Conditions: The Department reserves the right to negotiate any or all rates with selected Bidders prior to Contract execution and at any time during the period of performance after Contract award.

4. Effective Term of Quoted Prices: All prices quoted in Attachment #2 shall be in effect for a period of three (3) years after the award of the Contract, with renegotiation of prices allowed only after Contract renewal (if any), with adjusted prices to be effective starting on a date determined as part of the negotiation.

5. Quoted Prices are Inclusive of All Technical and Administrative Requirements: Quoted prices shall include all technical and administrative requirements to implement and deliver the services defined in the RFR for each price element in Attachment #2, as well as meeting the provisions and requirements for all other sections, attachments and references in the RFR and contract, as applicable as determined by the Department.

6. Meeting the "Prior Approval of the Department" Condition of the MIWOSPRS Contract: Many of the terms and conditions stipulated in the Articles of Attachment #2 require the notification, negotiation and prior approval of the Department's Contract Administrator before the Contractor or Subcontractors incur the costs. Prior approval is obtained by two procedures:

1) Any scope and cost items included in the Work Plan and Cost Estimate, or the Change Orders for the Project assignments that have been approved in writing by the Department's Contract Administrator, fulfills the requirement for prior approval as stipulated in the Articles of Attachment #2.

2) Any items that are not clearly defined in the Work Plan and Cost Estimate, or in the Change Orders for the Contract that require prior written approval of the Department's Contract Administrator must obtain separate written approval to fulfill the requirement. Written approval may be through a written letter or e-mail from the Department's Contract Administrator.

ARTICLE 2 LABOR COMPENSATION TERMS AND CONDITIONS

A. Labor Terms and Conditions for Bidders

1. Labor Rate Price Quotations: Bidders shall quote prices for hourly labor rates by completing MIWOSPRS Labor Rate Schedule provided at the end of this Attachment. As part of the RFR Response, Bidders shall submit a single set of “team” labor rates according to the categories on the attached form. The team labor rates shall be for the professional prime Contractor and their professional services subcontractors (identified as part of the Bidder’s response to the RFR) so that only one rate per labor category is applied regardless of whether the prime Contractor or their Subcontractors will be performing the work.

Contractors and Subcontractors will be reimbursed an amount not to exceed the Labor charge for each labor category attached on the rate form. Such reimbursements shall be made for the time employees are directly utilized on work necessary to fulfill the provisions of the Contract. The team rate for each labor category shall be the maximum hourly rate that MassDEP may be billed for that particular service category. Rates shall be inclusive of all wages, fringe benefits, overhead, administrative costs and fee or profit directly or indirectly related to the performance of services under this Contract.

2. Labor Category Definitions: The labor categories provided in the Labor Rate Schedule table in this subsection of Attachment #2 are defined in item 11 of this Article.

3. Effective Contract Period Term for Labor Rates: The labor rates that are incorporated into the Contract, which are based upon the Bidder’s RFR Response, as finally negotiated and accepted by MassDEP, shall apply for the first three years of the Contract.

4. Annual Labor Rate Adjustments: If the three (3) year base Contract term is extended by MassDEP, MassDEP, in its discretion, may negotiate rate adjustments for some or all of the Contractors on an annual basis in years 4, 5, 6 and 7 of the Contract, as determined through negotiations by the parties. Contractors may propose a yearly increase to hourly labor rates only after the third year of the Contract (if MassDEP exercises its option(s) to extend the Contract term). Contractors shall submit a written request to the Contract Administrator to approve or deny the hourly labor rate adjustment request. The annual labor rate adjustment increase shall not exceed the Yearly Percent of Increase for Specialty and Technical Professionals issued by the Bureau of Labor Statistics for that year.

5. Labor Rate Negotiations: The Department reserves the right to negotiate any or all rates with selected Bidders responding to the RFR prior to Contract execution, and with some or all of the Contractors at any time during the period of performance after Contract award.

6. Premium Overtime Conditions and Rate of Compensation: Contractors will be reimbursed at 1.25 the fully loaded rate for labor categories where additional compensation is required for overtime, and where the charging of the overtime premium has been approved in writing as part of the Work And Cost Plan estimate or Work Order for the project/task.

Overtime shall be considered hours worked on the MIWOSPRS Contract in excess of 40 hours per seven-day week. If a Contractor has as a standard business practice a different premium overtime policy with respect to a 40 hour/7 day week, then the Department reserves the right to negotiate an adjustment to the premium overtime compensation in this Article, as well as the right to deny any adjustments.

7. Compensation for holidays, sick days, personal days, vacation days: Contractors shall not be reimbursed for holidays, sick days, personal days, vacation days, or any other days where work is not performed for the MIWOSPRS Contract. Costs for these types of non-work days shall be incorporated into the labor rates provided in the Labor Rate Schedules submitted as part of the Bidders’ Response to the RFR.

8. Costs for Employee Training, Monitoring and Certifications: The Bidders’ submitted Labor rates in Labor Rate Schedule shall include all costs for all training, medical monitoring, certification and licensing programs for employees that is required or necessary for implementation of the MIWOSPRS Contract. The Department will not reimburse the Contractor or their team members (including subcontractors) for separate costs for such training, monitoring, certification and/or licensing programs.

9. Costs for Field Activities Requiring Personal Protective Equipment and Supplies (PPE) for Compliance with OSHA requirements: The Bidders’ submitted Labor rates shall not include provisions for PPE. MassDEP shall not reimburse Contractors for routinely required work clothing and protection for field activities, which include, but are not limited to, hard hats, steel-toed shoes, work gloves, and work clothing. Therefore, Bidders must incorporate the costs for these items into the labor rates provided in the Labor Rate Schedules submitted as part of the Bidders’ Response to the RFR.

10. Restrictions on Contractors’ Labor Charges to the MIWOSPRS Contract:

a. Any Contractor’s Labor charges that violate any of the restrictions, terms and conditions in this Article or the RFR shall be disallowed unless written approval is obtained from the Department's Contract Administrator prior to the Contractor's incurring the labor charge.

b. Contractors shall charge Labor costs only for time actually spent by an employee or team employee member directly working on assignments under the MIWOSPRS Contract, and only as scoped and approved by the Department in the Work and Cost Plan and/or other written Cost Estimate document approved for the project.

c. Travel time for commutes between offices of the contractor or any subcontractor and any project site shall not be charged to or reimbursed by MassDEP unless the Department's Contract Administrator has pre-approved the travel charges in writing.

d. The Contractor’s labor for preparing routine assignment/task order work and cost plans, cost proposals, change orders and other planning documents shall not be charged directly to the Contract unless the Contractor has obtained prior approval in writing from the Department's Contract Administrator.

e. The Contractor’s labor for the preparation, processing, handling and other indirect administrative activities associated with preparing invoices, subcontractor contracts and invoices shall not be charged to or reimbursed by MassDEP unless the Department's Contract Administrator has pre-approved these charges in writing.

11. Labor Category Definitions:

Professional Level 5 (P-5): Executive Manager, Principal, and Program Manager:

Typical duties: Administers and has signature authority for contracts; provides firm-wide scientific or engineering peer review; has final responsibility for sealing and/or certifying plans and specifications; certifies report conclusions and recommendations; manages multi-disciplined, multiple project programs. Has responsibility for program quality assurance, adherence to contract terms, and resource allocation. Has overall responsibility for all project planning, scheduling, deliverables, budgeting and billing. May be required to attend and present project findings and conclusions at meetings.

Typical Titles: Executive Manager, Principal, Senior Program Manager

Normal Qualifications and Experience:

Technical Experience: Technical experience in management, or other disciplines directly related to the requirements of this contract. Minimum of 8 years experience in supervising multidisciplinary teams, and complex multi-task projects.

Professional Level 4 (P-4): Project Manager, Project Associate, Project Supervisor:

Typical duties: Primary manager for all aspects of projects; responsible for scientific, budgetary, project management, task assignments and supervisory decisions; Serves as lead technical staff for components of complex projects; provides scientific or technical expertise during conduct of project; performs project-specific peer review and supervision; Includes project managers, senior scientists, senior technical leaders, and senior analysts. Plans, conducts and supervises complex multi-task projects. Develops scope of work and project budget; writes and reviews reports. Responsible for project management and supervisory decisions; such as execution of project assignments, subcontractor agreements, project quality assurance, adherence to contract terms, staff assignment and team composition, cost, schedule and project deliverables. May be required to attend and present project findings and conclusions at meetings.

Typical Titles: Project Manager, Project Associate, Project Supervisor

Normal Qualifications and Experience:

Technical Experience: Technical experience in management, or other disciplines directly related to the requirements of this contract. Minimum of 6 years experience in supervising multidisciplinary teams on complex multi-task projects.

Professional Level 3 (P-3): Task Manager, Scientist, Analyst and Engineer:

Typical duties: Task manager for project deliverables or discrete tasks within larger projects; responsible for making scientific, technical, budgetary, project management and limited supervisory decisions; provides scientific, technical or engineering expertise. Drafts and reviews reports, technical documents, plans and presentations. Has limited responsibility for project management and primary responsibility for implementation of project assignments, tasks and deliverables.

Typical Titles – Task Leader, Task Manager, Lead Engineer, Lead Scientist, or Lead Analyst

Normal Qualifications and Experience:

Technical Experience: Technical experience in disciplines directly related to the requirements of this contract. Minimum of 4 years experience in managing projects and personnel.

Typical duties: Implements projects under direction of senior staff; analyzing and interpreting data; identifying need for modifications to work plans based on available data; supervising other technical personnel during project activities. Under the supervision of more senior personnel, carries out assignments associated with project. Applies training within professional discipline to assigned projects and translates technical guidance and training received into usable products and reports. Collects and evaluates data, conducts field work, and prepares, or provides input for reports, papers and presentations.

Typical Title: Staff Engineer, Scientist, Analyst, Resident Site Engineer

Normal Qualifications and Experience:

Professional Level 1 (P-1): Junior Associate, Scientist, Engineer and Analyst

Typical duties: Supports staff, senior staff scientists and engineers, and project managers in data and information collection and field assessment activities; performs work under the close supervision of more senior staff. Entry Level for professional classifications; works under supervision of more senior personnel. Gathers and correlates basic data and performs routine tasks and other duties as assigned. Assists field operations as directed, including manual tasks such as equipment operation, maintenance and sampling.

Typical Title: Junior Associate, Junior Scientist, Junior Engineer, Junior Analyst

B.A./B.S. degree or equivalent with 0 to 2 years experience

Technician Level 1 (T-1): Technician, GIS Specialist, Sr. Graphic Artists, Sr. Web Site Developer

Typical duties: Performs technical tasks associated with specific areas of expertise and training including equipment operation and maintenance, Geographic Information Systems, web site development and graphic applications. Works at the direction of the team or project leader. Gathers and correlates basic data and performs routine analyses and creates graphic displays of information. May troubleshoot malfunctioning equipment and make simple repairs as authorized by team or project leader.

Typical Title: Senior Technician, Senior GIS Technician, Equipment Specialist, Data Technician

Minimum of 4 years experience or equivalent

Program Management Assistant (PMA):

Typical duties: Provides low cost/value added assistance to Project Manager and staff scientists; project budget and schedule tracking; project reporting; tracking and coordination of subcontractor costs and schedules; site access coordination. Organizes and coordinated events and meetings.

Typical Title:

Minimum of 1 year experience

Clerical (CL):

Typical duties: Provides clerical and administrative project support for documents, emails, files.

Typical Title: Clerical, Administrative Aide, Secretary.

Minimum of 1 year experience

ARTICLE 3. TRAVEL, LODGING, PER DIEM EXPENSES

A. Travel, Lodging and Per Diem Terms and Conditions

TRAVEL

1. Travel Mileage Charge Eligibility:

Travel distance shall be determined on a project/task specific basis and approved by the Department in the Work and Cost Plan or other cost estimate Document. The point of origination for mileage determination shall be the Massachusetts based office location of the Contractor stated in the RFR response or the person’s routine work station, whichever is a shorter distance from the Project site. The Department will require the Contractor and/or Subcontractor to use an electronic driving travel mileage application to determine mileage to be used to and from a site. Examples of electronic driving travel mileage applications include but are not limited to Google Maps, TomTom, Garmin, Apple Maps, MapQuest, RandMcnally, and any other accurate mileage calculator application. Contractors shall document which mileage calculator was used in any cost estimate document submitted to the Department.

2. Mileage Rates: Travel for non-rented vehicles shall be reimbursed at a rate up to the Standard Rate for Business Travel by cars defined by the federal Internal Revenue Service (IRS). Cars are defined as passenger vehicles, pickup trucks, cargo and panel vans. The Department reserves the right to negotiate lower rates, and bidders/contractors can offer lower rates.

3. Vehicle Rentals: Vehicle rental shall be disallowed except as approved by, or requested and approved by the Department's Contract Administrator in writing prior to incurrence of any rental costs. Rental vehicles may be considered if the rental cost and anticipated fuel usage is estimated to provide a lower overall cost than the application of the IRS Standard Rate for Business Travel.

4. Parking and Tolls: Parking and tolls shall be disallowed without prior written approval of the Department's Contract Administrator.

5. Minimization of Travel Costs: The Contractor shall be responsible for planning, scheduling, coordinating, and managing activities under the Contract to ensure that costs associated with travel time are kept to a minimum.

Travel time for commutes between offices of the Contractor or any subcontractor shall not be charged and reimbursed unless prior approval has been obtained in writing from the Department's Contract Administrator.

6. Labor Charges for Travel: The travel time and/or labor charges of the Contractor’s and subcontractor’s personnel (if any), to travel to and from a project site shall not exceed the hour allowances set forth in the table below. Travel distances shall be determined and documented on a project/task specific basis and included in the Project Work and Cost Plan, Change Order, or Work Order. The Department will utilize the mileage calculation as determined elsewhere in this Article.

7. Terms for reimbursement of labor for Travel: The Department will pay mileage reimbursement and labor charges for up to three (3) hours travel time in each direction for travel in excess of twenty-five (25) miles in accordance with the following schedule:

Labor Hour Maximums Allowed for Road Travel

This labor hour allowance for travel mileage schedule applies to:

(1) travel to and from the Contractor’s or Subcontractor’s office and a work site or project location;

(2) travel for attendance at program coordination meetings, special briefings, evening meetings, from the Contractor’s or Subcontractor’s office or a work site/project location;

(3) travel out-of-state of locally-based personnel at the Department’s request and approved in writing in advance by the Department’s Contract Administrator; and/or

(4) any other extraordinary travel requirements which may arise in the performance of tasks under this Contract and that have been approved in advance by the Department’s Contract Administrator.

LODGING

8. Lodging Reimbursement: Lodging reimbursement requires prior written approval of the Department's Contract Administrator, and the provisions for lodging must to be included in the Work and Cost Plan or other Cost Estimate Document on an assignment/task specific basis. Lodging, including hotels, motels, and/or temporary residence providers, will be reimbursed for the direct room rate charges and taxes only, and reimbursement shall require receipts that provide a record of the charges for the direct room rate charges and taxes associated with the direct room charges. Any additional charges on receipts such as phone, internet access, food, etc. that are not direct room rate charges or taxes on those direct room rate charges shall not be invoiced to MassDEP, and shall be disallowed for lodging reimbursement.

9. Lodging Rates: The Contractor shall be diligent in obtaining the most reasonable, lowest rates for lodging. Contractors shall investigate the local lodging rates and determine the most cost advantageous rates, including if appropriate, long-term discounted rates for weekly, monthly or other discounted rate conditions for projects that occur over extended periods of time. The Department shall review the lodging rates submitted by the Contractor on an assignment/task basis prior to approving Work and Cost Plans or other Cost Proposals, and reserves the right to ensure that the Contractor has obtained the most reasonable lodging rates for the project location.

PER DIEM FOR MEALS AND INCIDENTAL EXPENSES

10. Per Diem defined: The Per Diem rate shall be a single, flat daily rate per person for meals and incidental individual out-of-pocket expenses that shall be paid when that person is eligible for a per diem charge. Per diem does not include costs for lodging.

11. Per Diem eligibility: Contractor personnel will be eligible for Per Diem when the contract work is more than 50 miles from the Contractor's or professional environmental service subcontractor's routine place of employment, and the person is lodged overnight as documented by lodging receipts. Additionally, the person must have worked a full 8 hour workday on a MIWOSPRS project, which includes travel time, to be eligible for Per Diem for that day.

12. Per Diem payment: The Per Diem rate will be paid only when approved in advance, in writing, by the Department's Contract Administrator. Department approval of a Work and Cost Plan or other Cost Proposal that includes specific provisions and costs for Per Diem shall constitute Department approval for the budgeted amount and number of days. Per Diem shall only be paid when the Contractor employee is eligible for Per Diem reimbursement.

13. Per Diem Rate: Per diem for that MIWOSPRS Contract shall be a single, flat daily rate per person for meals and incidental individual out-of-pocket expenses that shall be paid when that person is eligible for a per diem charge. Per Diem does not include costs for lodging. The following table shows the allowable per diem for eligible employees:

Labor Rate Schedules

[NOTE TO BIDDERS: Do not change any text or provisions in these tables. Enter rates and responses in appropriate cells.]

MIWOSPRS Labor Rate Schedule

Enter Bidder Name:

(Reference , Definitions of Labor Categories, for descriptions) Enter Hourly Labor Rate in this column

RFR DEP-BWSC-MIWOSPRS-2016-03/ COMMBUYS Bid# BD-16-1045-BWSC0-BWSC1-00000008697