Loading...
AG 11-137RETURN TO: 10.46 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / ,,/ 1 'f •' 2. ORIGINATING STAFF PERSON: /V> /-- �� ►`'�1T EXT: 7 ZZ 3. DATE REQ. BY: �G�� 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE 7 Cl RESOLUTION 1 CONTRACT AMENDMENT (AG# ' ~ 13 7 ❑ INTERLOCAL ❑ "OTHER yv:3;p ►C�,...i;ir - {/ r / -1 5. PROJECTNAME: L- �lk-Ott, lgSWell{ 5C01( �li f-y� fv Itca ���3 1�i 7�✓✓+�E'.S 6. NAME OF CONTRACTOR: t' �� l" ADDRESS: 4 GCS li �` { /y J Boa TELEPHONE: E -MAIL: FAX:_ 21 - • -//S_0 SIGNATURE NAME' -5,%11 W ► " . TITLE: 14t" rc6 i4,,"' 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # 1 L 1 G�>0 7T dc^t +00 BL, EXP. 12/31 / UBI # EXP. S. TERM: COMMENCEMENT DATE: ?� COMPLETION DATE: 9. TOTAL COMPENSATION: $ LW (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR, CHARGE - A ACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 1 4/S' G �n 2 c l� /"A4 t IS SALES TAX OWED: Cl YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY Cl PURCHASING: PLEASE CHARGE TO: 0 G ` tf oy 1O. DOCUMENT/ CONTRACT REVIEW N PROJECT MANAGER ❑ DIVISION MANAGER 1� DEPUTY DIRECTOR 4 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) c� LAW DEPT INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: l Go l l3 9' �I I� 3 DATE REC' D: q � �' �• ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT Cl SIGNATORY MAYO )3R DIRECTOR) CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL/ DATE SIGNED AG# DATE SENT: I COMMENTS: EXECUTE "rL" ORIGINALS 0no WY12Xti kJack `G� CcK)1u, la kk - 11/9 OTETRA TECH TRANSMITTAL FORM To: Federal Way 333258 th Ave South Federal Way, WA 98003 Attn: John Mulkey Tetra Tech, Inc. 400 112th Ave NE, Suite 400 Bellevue, WA 98004 Tel: 425.635.1000 Fax: 425.635.1150 Transmittal No.: TR11- 035 -02 Date: 09/18/2013 Subject: Consultant Agreements AG 11 -137 Lakota Middle School Safe Route to School We Are Transmitting: X Herewith Under Separate Cover Number of Copies: 2 Sets Sheets The Following: Prints or _ Tracings Construction Drawings Specifications Shop Drawings X Contract Approved Bills Legal Descriptions Letters Resumes SF 254 / SF255 Project Profile Sheets Disk King County Forms Other Remarks: Returning 2 copies of signed agreements for execution. LA201 1\1 1-035\Adn in \Correspondence \TRI1 - 035- 02.docx For: Review and Comment Approval X Signature Your Use and Files Quotation Payment As Requested Action Noted Below Takako Hopker Project Administrator SUPPLEMENT NO.4 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROJECT DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with Tetra Tech effective the 5th day of July 2011, identified as Agreement No. 11 -137 as supplemented by Supplement No. 1 on April 11, 2012, Supplement No. 2 on August 22, 2012 and Supplement No. 3 on December 29, 2012. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 4 ". The changes to the Agreement are described as follows: Section IV, Time for Beginning and Completion, shall be amended to extend the completion date to June 30, 2013. Signed this � day of TETRA TECH By: tt Williams, PMP Its: Vice President 400 12th Avenue NE, Suite 400 Bellevue, WA 98004 (206) 286 -1640 CITY OF FEDERAL WAY ��i. Skip PriAt Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835 -2401 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney K:\STREETSTROJECTS\Lakota Middle School SRTS- SW 312th @14th Ave SW\Design \Contract \11 -137 Supplement 4- Lakota Middle School SRTS.docx RETURN TO: EXT: CITY �F FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGIiVATING DEPT/D[V: PUBLIC WORKS / S� I('�z �� 2. ORIGINATING STAFF PERSON: �,�2�. � l� (/ �' "`"y E�c'r: �Z.,�_ 3. DATE REQ. BY: /� � TYPE OF DOCUMEP[T (CHECK ONE): O COMRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) O PUBLIC WORKS CONTRACT � SMALL OR LIMITED PUBL[C WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREENtENT ❑ MAtNTENANCE AGREEMENT tl GOODS AND SERVICE AGREEMENT O HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURI'TY DOCUMENT (E.G. BOND RELATED DOCUMENfS} ❑ ORDINANCE 0 RESOLUTION' St CONTRA.CT AMENDMENT (AG#): �%y �; % � INTERLOCAL' ❑ OTHER � Sc/ n D w�cv� a 3 PROJECTNAME: �-�`�� /"'����C SG�t9-d� � /QQe/T�1 � sG�dJl /ly,� � i' . 6. NAME OF CONTRACTOR: /` G G �� A�DRESS: 4d0 ttLi�' �,ri �✓r� 5�,�:k y0d. fn �ev✓��r.y� ��40y - E-MAIL: SIGNATURE NAME' c, o Z I,U`% �� k w� , p/�'� TELEPHONE: KG,f-d3s-/pOa _ Fa,x: Nzr-� �s- �iso TITLE: �lu�ifis Ari6�f - 7. EXHiBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERViCES ❑ COMPENSATION ❑ INSURANCE REQUIREIvfENTS�CBKT[FICATE ❑ ALL OTiiER REFERENCED EXHIBITS � PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMEN►'S CFWLICENSE#{�IOLS'�l o00pd BL.EXP.12/3U bz UgI# GB/D7�/ti8 .EXP.�/�I i i3 /� Y 8. TERM: COMMENCENIENT DATE: 7��/ � � COMPLETION DATE:G ��3 D�1; 9. TOTALCOMPENSATION: $ 1i ncJY.n�t� �'1-93i Ly�t , �t (INCLUDE EXPENSES AND SALES TAX, ff ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HO`LIDAY RATES) REIMBURSABLE EXPENSE: B(YES D NO [F YES, MAXIMi1M DOLLARAMOUN"C: $ �NG� 19.`�y5�9• f4m IS SALES TAX OWED: ❑ YES ❑ NO [F YES, $ PAID BY: ❑ CONTRACI'OR ❑ CITY �i PURGHASING: PLEASE CHARGE TO: �d !9 - y�l o('J- / $3 - .f� 9S %�Q - i�// l0. DOCUMENT / CONTRACT REVIEW 6a PROJECT MANAGER ❑ DIVISION MANAGER e[ DEPUTY DIRECTOR �. DIttECTOR ❑ :RISK MANAGEMErIT (IF APPLICABLE) � LAw DEPT COUNC[L APPROVAL (IF APPL[CABLE) �• ' • ► :!--'����R7 /�/�� � COMMITTEE APPROVAL DATE: CONTRACT SIGNATURE ROUTINC ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: f� I L�I �— ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �LAw DErr � SIGNATORY (MAYOR OR DIRECTOR) �Q CI'1'Y CLERIC� �ASS[GNED AG # ' SIGNED COPY RETURNED pl�RETURN ONE ORIGINAL M u� M IN TIAL / DATE $IGNED �- �Z aG# �� —. DATESENT: '(Z-��%�'� t- e� ICns � o vt rs n+V _-- INtfIAL / DATE APPROVED COUNCC[. APPROVAL DATE: DATE REC'D: , L! �i 11 Z SUPPLEMENT NO. 3 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROJECT DESIGN SERVICES The local agency of the City af Federal Way desires to supplement the agreement entered into with Tetra Tech effective the 5th day of July 2011, identified as Agreement No. 11-137 as supplemented by Supplement No. 1 on April 11, 2012 and Supplement No. 2 on August 22, 2012. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 3". The changes to #he Agreement are described as follows: Section IV, Time #or Beginning and Completion, shall be amended to extend the completion date to April 30, 2013. Signed this 29th day of December, 2012. TETRA TECH By: tt Williams, PMP Its: Vice President 400 12�' Avenue NE, Suite 400 Bellevue, WA 98004 (206) 286-1640 CITY OF FEDERAL WAY By: �� Skip Priest 'Its: Mayor 33325 8�' Ave S Federal Way, WA 98003 {253) 835-2401 APPROVED AS TO FORM: ��� �� Patricia A. Richardson, Gity 1Attorney K:\STREETS\PR4JECTS1Lakota Middle School SRTS- SW 312th @14th Ave SW1Design\Cors�act111-137 SupPlement � 3- Lakota Middle School SRTS.docx ' � RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / S�'rt�-�lj 2. ORIGINATING STAFF PERSON: ,��'U'l �` - lV ��t/ EXT: �'? Z� 3. DATE REQ. BY: �✓ �'J � TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG � REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) O ORDINANCE ❑ RESOLUTION � CONTRACT AMENDMENT (AG#�: � � I3 ❑ INTERLOCAL ❑ OTHER �',i> 6 /J �,Gw�r,v� o . Z PROJECTNAME: � �I�Lo� [�-►�`��Gl I� ScI-� moI ����I�S ?� �� � P�.1�� NAME OF CONTRACTOR: ` i� e C� ADDRESS: U�0 1 IL*�fl-�,c N�.Sv%�e �1B 0� -�/ev�. �'rf g 1300 �( - E-MAIL: � SIGNATURE NAME: �G-� Lt' i �I %� �*- s;�/l/J� TELEPHONE: �/ 25' � 35 =� B � FAX: �fL f 63S =//r- o TITLE: Vif.t �l�s'�-✓� EXH[BITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE O ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # Il l�L�'/0 ODODo BL, EXP. 12/31/ )Z UBI #(A�07� /y$ , EXP. �/3% 11,3 TERM: COMMENCEMENT DATE: �/S—/I COMI'LETION DATE:�'�� ��/ Z�3� /%2 TOTAL COMPENSATION: $ Ur.c���v►fc� �2- 83iZ y�/, / Z (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES ❑ NO IF YES, MAXIMUM DOLLARAMOUNT: $ U�+tGu.nsvr�� Srr�i %S9• BD IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY '� PURCHASING: PLEASE CHARGE TO: 30�- / y0 o-��3 �`�fs �� ^ 71� l0. DOCUMENT / CONTRACT REV[EW df. PROJECT MANAGER ❑ DIVISION MANAGER QA, DEPUTY DIRECTOR �3 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) �S LAw DE�r 11. COUNCIL APPROVAL (IF APPLICABLE) INITiAL / DATE REVIEWED , izWl � % / L 1�_ � [3 2_ -`�- iZ-- COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �/� 2 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ` 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) � CITY CLERK ❑ ASSIGNED AG # '�SIGNED COPY RETURNED �ETURN ONE ORIGINAL COMMENTS: F,XECUTE "Ti" ORIGINALS INITI L / DATE SIGNED �� AG# — DATE SENT: Q� (�" (�L INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: � Z 11/ SUPPLEMENT NO. 2 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROJECT DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with Tetra Tech effective the 5th day of July 2011, identified as Agreement No. 11-137. All provisions in the Agreement and Supplement No. 1 remain in effect except as expressly modified by this supplement, "Supplement No. 2". The changes to the Agreement are described as follows: Section IV, Time for Beqinninq and Completion, shall be amended to extend the completion date to December 31, 2012. Signed this �Z day of '''s ` , 2012. TETRA TECH CITY OF FEDERAL WAY � By: .�.��`w'ti-�-u�- By: Scott Williams, PMP Skip Pries Its Vice President 400 12�' Avenue NE, Suite 400 Bellevue, WA 98004 (206) 286-1640 Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835-2401 APPR D AS TO FORM: Patricia A. Ric ardson, City Attorney K:\STREETS\PROJECTS\Lakota Middle School SRTS- Sw312th @14th Ave SV1�Design\Contract�ll-137 Supplement 2- Lakota Middle School SRTS.docx RETURN TO: CITY OF FED 1. ORIGINATING DEPT/DIV: 2. ORIGINATING STAFF PERSON: EXT: L-�7 v �---- WAY LAW DEPARTMENT ROUTING FORM KS / f 1'r e� � �� �� EXT: 2 ' 7 Z'� 3. DATE REQ. BY: /9�"�'T7 TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� O PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION l8. CONTRACT AMENDMENT {AG#�: � �� � 3 7 ❑ INTERLOCAL ❑ O�rxER S�I�A�c-c�-�.�- No �.1 � PROJECT NAME: � �-�`-<7 �u � t � M I� SC �'+ro � I �,� � DU �s � S�-OV � �� j tG � NAME OF CONTRACTO ADDRESS: � B/�i / / Z "' E-M.4IL: S� yl�'vcv�.7 SIGNATURE NAME: S NE TELEPHONE: yLS =635`'-/OatJ FAX: �/ZS =lv3,S ,f0 TITLE: fCt �GPGs,'� s�l EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #�I lU� SI O Ol9a Dt� BL, EXP. 12/31/ � Z UBI # _ , EXP. .� /�/� bl� � 13�1"l ( � � Pro�c� TERM: COMMENCEMENT DATE: �/�/�� COMI'LETION DATE: 9/30�� Z 5✓PP � � TOTAL COMPENSATION: $ ��( y- 70 � Z� 3, z yy � ) Z. �tn � � (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES �D H�IDAY RATES) REIMBURSABLE EXPENSE: '�YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: � 9►� QS S�S'9. AJ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: �D r� ' yy�� '� / `".S/ 30� '�l� 10. DOCUMENT / CONTRACT REVIEW �' PROJECT MANAGER ❑ DIVISION MANAGER �DEPUTY DIRECTOR 2�'DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) r� LAw DErr OVAL IF APP C IIVITIAL / DATE REVIEWED S ✓� L !� � 2 '�.`— 2 N_C_.� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING Q ❑ SENTTOVENDOR/CONTRACTOR DATESENT: ��_1�I ❑ ATTACH: SIGNATURE AUTHOR[TY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASS[GtvED AG # � SIGNED COPY RETURNED �RETURN ONE ORIGINAL INIT L / DATE SIGNED L _ - ( AG# � - DATE SENT: 1�,�,Q' I�- I1vITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 7�I J ��Z "7�" OtuGnvar.S _ . „ 11/9 SUPPLEMENT NO. 1 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROJECT DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with Tetra Tech effective the 5th day of July 2011, identified as Agreement No. 11-137. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 1". The changes to the Agreement are described as follows: Section II, Scope of Services, shall be amended to include those additional services more particularly described in Exhibit "A-2" attached hereto and incorporated by this reference (Additional Services). II Section IV, Time for Beqinninq and Completion, shall be amended to extend the completion date to September 30, 2012. �➢ Section V, Payment, the maximum amount payable under this Supplement No. 1 inclusive of all fees and other costs is Five Thousand Eight Hundred Sixty-Four and 70/100 Dollars ($5,864.70) for a total amount payable to the Contractor pursuant to the Agreement and this Supplement No. 1 inclusive of all fees and other cost to be an amount not to exceed Two Hundred Eighty-Three Thousand Two Hundred Forly-Four and 12/100 Dollars ($283,244.12). The attached Exhibit "E-2", which describes the payment for work to be perfo�rned under this Supplement No. 1, is hereby made a part of the Supplemental Agreement. Signed this �_ day of /� �� � , 2012. TETRA TECH �— ___ By: cott Williams, PMP CITY OF FEDERAL WAY � � `/1�.. � .� - - �i� Its: Vice President 400 12 Avenue NE, Suite 400 Bellevue, WA 98004 (206) 286-1640 Its: Mayor 33325 8 Ave S Federal Way, WA 98003 (253) 835-2401 APPROVED AS TO FORM: Patricia A. chardson, Ciry Attorney K:\STREETS\PROJECTS\Lakota Middle School SRTS- Sw312th @14th Ave SW\Design\Contract\11-137 Supplement 1- Lakota Middle School SRTS.doc EXHIBIT A-2 CITY OF FEDERAL WAY FEDERAL WAY, WASHINGTON. Lakota Safe Routes to School Project Tetra Tech Task 7.0 Environmental [Note: Subtasks 7.1 through 7.4 were addressed separately in a previous proposal and are not including in this scope] 7.5 Air Quality (Hot-Spot) Analysis. In Washington, all nonexempt transportation projects regardless of the funding base, must evaluate air quality resulting from proposed project activities such as adding new signals or altering intersection configurations. Landau Associates will perform an air quality analysis and produce a technical report for the proposed project. The technical report will be consistent with the current applicable guidelines from Section 425 of the WSDOT Environmental Procedures Manual and in accordance with requirements of federal and state conformity regulations and the procedures in EPA's Guidelines for Modeling Carbon Monoxide from Roadway Intersections (1992). The Contractor will identify National Ambient Air Quality Standards (NAAQS) and other applicable state and local air quality regulations. We will coordinate with the Environxnental Protection Agency (EPA), Department of Ecology (Ecology), and the Puget Sound Clean Air Agency (PSCAA) to obtain the most recent air quality information. This task includes the subtasks outlined below: • Existing Conditions Assessment: Landau Associates will document the project area status and will present data collected by state and local agencies at continuous monitoring stations near the project area, and we will include a general discussion of health and welfare effects of air pollutants associated with transportation related projects. • Dispersion Modeling: We will use the most recent Washington State Intersection Screening Tool (WASIST 2.0), o Depending on screening model results, more complex modeling may be needed. For more complex modeling, Landau Associates will use EPA's CAL3QHC Version 2.0 software to predict CO concentrations from vehicles during the existing year, year of opening, and design year (horizon year) of this project. If CAL3QHC is used, we will correspond with the Puget Sound Regional Council for EPA's Mobile Source Emission Factor Model, MOBII.E6.2 [updated to Motor Vehicle Emission Simulator (MOVES)] vehicle emission factor data based on inputs specific to King County and the City of Federal Way. • Impact Analysis: We will locate receptors in areas susceptible to air quality impacts. Predicted future CO concentrations will be presented in a table for comparison with standards. Construction Impacts: The analysis will qualitatively evaluate the short-term impacts of emissions from construction activities. Concentrations of air pollutants from construction activities will not be predicted with computer models. We will identify standard mitigation measures and best management practices far control of particulate and fugitive dust during construction. • Technical Report: Landau Associates will prepare a technical report outlining methods, historic air quality data, modeling results, methods, assumptions and analysis of impacts. We will prepare a conformity statement on each of the alternatives for inclusion in the technical document. Assumptions: • We will analyze the project intersection as well as intersections outside of the project area that would experience a 10 percent increase in traffic volumes as a result of the project. Intersections will be conservatively chosen so that if they pass screening, other affected intersections can be ruled out (per WSDOT guidance). • Traffic data for the existing year, year of opening, and design year (horizon year) of this project will be provided to Landau Associates. Or, it not (or if incomplete), Landau Associates will use other nearby traffic data and conservatively extrapolate traffic estimates for this project for existing year, year of opening, and horizon year. Deliverables: • An electronic and paper copy of the draft Air Quality technical report in Adobe PDF. • An electronic and four (4) paper copies of the final Air Quality technical report in Adobe PDF. Schedule • Landau Associates will begin preparing the hot-spot analysis report within approximately 1 to 2 days of receipt of authorization to proceed. Landau expects to complete the draft report within approximately 1 week of receipt of authorization to begin. Bud�et • Landau Associates will complete the above work for an estimated total cost of $5,864.70. � EXHIBIT E-2 CONSULTANT FEE SUMMARY Project: City of Federal Way SW 312th Street, Lakota Safe Routes to School Project Landau Associates Fee Estimate (FEDERALLY FUNDEDI DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Theresa Turpin (TMT) - Associate Environmental Planne 4 $40.87 $163.48 2. Juliann Cooley (JRC) - Project Coordinator 6 $18.00 $108.00 3. Dennis Dodson (DLD)- Project Coordinator 1 $22.52 $22.52 4. Gary Huitsing (GJH) - Senior Project Engineer 48 $28.85 $1,384.80 5. Allan Barton (ARB) - GIS 4 $22.34 $89.36 SUBTOTAL - DSC 63 $1,768.16 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 195.87% X$1,768.16 FIXED FEE (FF): FF Rate = 30°/a X ( $1,768.16 ) REIMBURSABLES: Mileage ( 80 Miles X 0.51/mile ) Reprographics SUBTOTAL $3,463.29 $530.45 $40.80 $62.00 $102.80 $5,864.70 GRAND TOTAL - ESTIMATED FEE Prepared By: GJH Checked By: $5,864.70 Date: 3/27/2012 Date: (Fik,New,FeeProposa12006) Lal�daU Fee INCA EXHIBIT E-2 CONSULTANT FEE SUMMARY City of Federal Way SW 312th Street, Lakota Safe Routes to School Project Landau Associates Fee Estimate K:\STREETS\PRU1ECf5\Lakoh Mlddk School SRTS- Sw312th �14th Ave SW Wesign\CUnbactWkota Hot Spot�ANDAU_FEE_DnR T�K . I NCA RETURN TO: ' � ! . , ; EXT: ; CITY OF FEDERAL V�AY LAW DEPARTMENT ROUTING FORM 1. ORIGINATLNG DEPT/DIV: PUBLIC WORKS / "��'Ly �' � 2. ORIGINATING STAFF PERSON: �� �In,�.. ����%�"��-f EXT: ���� � 3. DATE REQ. BY: C j��� 4. TYPE OF DOCUMENT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT �E.G., RFB, KFP, RFQ� �CPUBLIC WORKS CON'I'RACT ❑ SMALLORLIMITEDPUBLIC WORKS CONTRACT � PROFESSIONALSERVICEAGREEMENT ❑ MAINTENANCEAGREEMENT ❑ GOODS AND SERVICEAGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT r ��AG#�: �OTHER �� ctr- ( /'rr��,, � ❑ INTERLOCAL �� „_ ; ,.. l l�c... f 5. PROJECTNAME: L'-•j=:7 �-�1 L�iatG'l tc' S�-�t�- � SG��CI rl �;•+�C'`� �; �iCLwl� I 1�: t3 jr" �;� 6. NAMEOFCONTRACTOK: ��'�'��-�� 1 r�f:Yn ���L• Zo1.' E,:9 ADDRESS: "'�t'L' ilL*�^ r�}�,.�. JV�� Sc� �� .I� NG�c:/ /�c°-I��w�vL' L��';,� °� �''`'`�`f TELEPHONE: �%Lf -E�'S=-/o'� E-Ma1L: �. � I,;•�•��; �:,',�,�, Fax: yzs=�s5'--//S SIGNATURE NAME: SG i H Lv� �� 4 w. S �4✓1,F' TITLE: �%C.d !�l�5 :�lc �� 7. EXHIBITS AND ATTACHMENTS:�7 , SCOPE, WORK OR SERVICES � COMPENSATION�INSURANCE REQUIREMENTS/CERTIFICATE �ALL OTHER REFERENCED EXHIBITS � PROOF OF AUTHORITY TO SIGN � REQUIRED LICENSES C�--P�9Ii-�O�`PRA����4114��I�II�M CFW LICENSE #�C "l� �' �G�.�� � BL, EXP. 12/31/� UBI # � ���� Z L�L� �I , EXP. _/ � `I l ! .=-� g. TERM: COMMENCEMENT DATE: IJ�r��'�' .��t�v :�'�t� :.. COMPLETION DATE: ���� C�C; Z �� t Z 9. TOTAL COMPENSATION: $ �' ���/; 7 �' y Z �INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: �I YES ❑ NO IF YES, MAXIMUM DOLLARAMOUNT: $ �{i S�jS- � �� �' IS SALES TAX OWED: o YES ❑ NO IF YES, PAID BY: ❑ CONTRACTOR ❑ CITY � PURCHASING: PLEASECHARGETO: ��� � �����t���1 � � 'S Y9�° >'C7 �� ��� lO. DOCUMENT / CONTRACT REVIEW t$� PROJECT MANAGER ❑ DIVISION MANAGER i � ��� � ��� '4d. DEPUTY DiRGCTOR � ��. �Di�cTOx '� � ❑ RISK MANAGEMENT �IF APPLICABLE� i:� i -� i� LAw DEPr INITIAL / DATE R VIEWED _�� �'✓� G /� /� r � � � �� r�L Z 11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING / �1 SENTTO VENDOR/CONTRACTOR DATE SENT:�� l G'�. ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATEAPPROVED COUNCIL APPROVAL DATE: ! DATEREC'D: .! L �� INIT AL/ DATE SIGNED (: + 'i "� � LAW DEPT � � � I, . �� � �� � SIGNATORY (MAYOR 9����CTOR� a �� 5 ��CITY CLERK d + ��� SSIGNED AG # AG# r 1" �: � �SIGN D COPY RETURNED DATE SENT: l'�°' U �ETURN ONE ORIGINAL COMMENTS: ,/ EXECUTE "� " �RIGINALS /� � � /Q 1 �� � hc- � �; t' � P''� i �� � 1 .S lQ �S rr ,. �'� ��'C[" �'_�'€?vS 11 /9 Local Agency ConsultanUAddress/Telephone INCA Engineers Inc. dba Tetra Tech INCA Standard Consultant INCA Engineers Agreement 400 112th Ave NE, Suite 400 Bellevue, WA 98004 � Architectural/Engineering Agreement ❑ Personal Services Agreement A reement Number (425) 635-1000 Project Title And Work Description Federal Aid Number — Lakota Middle School Safe Routes to School Project, Design and Right of Way Services Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ � Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes � No % Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed % 91-1203062 � Fixed Overhead Rate 140.38 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 20,835.60 ❑ Yes � No June 30, 2012 ❑ Specific Rates Of Pay Total Amount Authorized $ 277,379.42 ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $ 277,379.42 Index of Exhibits (Check all that apply): � Exhibit A-1 Scope of Work ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit B-1 DBE Utilization Certification � Exhibit C Electronic Exchange of Data ❑ Exhibit D-1 Payment - Lump Sum � Exhibit D-2 Payment - Cost Plus ❑ Eachibit D-3 Payment - I Iourly Rate ❑ Exhibit D-4 Payment - Provisional � Exhibit E-1 Fee - Lump/Fixed/LJnit � Exhibit E-2 Fee - Specific Rates � Exhibit F Overhead Cost � Exhibit G Subcontracted Work � Exhibit G-1 Subconsultant Fee � Exhibit G-2 Fee-Sub Specific Rates � Eachibit G-3 Sub Overhead Cost � E�ibit H Title VI Assurances � Exhibit I Payment Upon Termination of Agreement � E�ibit J Alleged Consultant Design Error Procedures � Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase � Exhibit M-la Consultant Certification � Exhibit M-lb Agency Official Certification � Exhibit M-2 Certification - Primary � Exhibit M-3 Lobbying Certification � E�ibit M-4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this j��L day of �,� ,��� � � , between the Local Agency of City of Federal Way , Washington, he ' after called the "AGENCY" and the above organization hereinafter called the "CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 3l2008 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: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City ar County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice priar to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the wark in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national arigin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in E�ibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are inshuments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD ar governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed wark and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on E�ibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labar, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76A1 l. The CONSLJLTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the pubiic employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 � (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" far the type of AGREEMENT used. No payment shall be made for any wark completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed far actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, ar disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in E�►ibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics far regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions ofthe AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragaphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as E�ibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, E�ibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and E�ibit "M-4" Certificate of Current Cost or Pricing Data. E�ibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 in witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. CONSULTANT: INCA Engineers, I. dba Tetra Tech INCA ,...�. � . - - J.- _ By � � r�G ,C'L �l-S Williams, PMP Vice President 400 112"' Ave NE, Suite 400 Bellevue, WA 98004 AGENCY: CITY OF FEDERAL WAY n By Skip iest Mayor 33325 8`�' Avenue S Federal Way, WA 98003-6325 APPROVED AS TO FORM: �i`� � __ C '� / � Patricia A. Richardson, City Att� ey DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 Exhibit A-1 City of Federal Way Lakota Middle School Safe Routes to School Project (Federal Funded) Tetra Tech INCA Scope of Work June 15, 2011 Purpose The purpose of project is to improve pedestrian movement and safety along the north side of SW 312th Street from the intersection of SR 509 to the east side of the intersection at 14th Avenue SW through the installation of sidewalks on the north side and a signal system at the intersection of SW 312 Street and 14 Avenue SW. Other improvements such as widening SW 312 Street to the south to obtain three lanes from SR 509 to 14 Avenue SW and replacing the existing traffic signal at the intersection of SW 312 Street and SR 509 with a new traffic signal are not part of this federally funded scope. The scope assumes two separate bid packages will be prepared for the finro funding sources. However, the deliverables of the design report, 85%, and 100% plans will be prepared and submitted at the same time for budget purposes. Proposed Improvements Proposed Improvements for this scope of work include: o Roadway widening of SW 312th Street to the north of centerline from approximately 200 feet east of SR 509 to approximately 400 feet east of the intersection of 14 Avenue SW. o Installation of curb, gutter, and 8 ft sidewalk with a 6 foot planter strip along the north side of SW 312th Street from approximately 200 feet east of SR 509 where the new sidewalk will connect to the existing sidewalk to approximately 400 feet east the intersection with 14th Avenue SW. o Installation of curb, gutter and sidewalk on all corners of the intersection of SW 312 Street and 14 Avenue to meet ADA requirements. o Install a new signal system at SW 312 Street and 14 Ave intersection o Upgraded stormwater collection, treatment, and detention facilities (Utilizing low impact development/natural drainage practices if possible). o Installation of a new roadway illumination system. City of Federal Way Page 1 of 21 Lakota Middle School Safe Routes to School Project Federally Funded Scope INCA/Tetra Tech 6/I S/2011 o The new sidewalks will be located as per the full city planned width for SW 312 Street and to fit with the identified intersection improvement at SW 312 Street and SR 509. Project Limits This project extends improvements along SW 312th Street from the 200 feet east of the SR 509 intersection to approximately 400 feet east of the intersection with 14th Avenue SW. Work Element 1 Project Management The estimated project design duration is 10 months. The project will be a phased approach in the design and dovetail with the city funded roadway and widening project within the same project limits. No design work will proceed after completion of the Design Report (30% design level) without written authorization from the City. No design work will proceed after the submittal of the 85% plans, specifications and estimate without written authorization from the City. 1.1 Provide project management administrative services including: • Project initiation and execution of the work • Execution of subconsultant agreements • Prepare the Project Work Plan to include the project baselined Critical Path Method (CPM) Schedule and project budget plan • Preparation of monthly progress reports and invoices • Record keeping and project closeout 1.2 Provide overall project management including: • Project staff management and coordination • Subcontractor management and coordination • Update project work plan, including risk and change management • CPM Schedule updates and budget monitoring and control, using earned value management 1.3 Coordinate with City staff, including preparation and attendance of up to ten (10) management coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: • One formal kickoff meeting at project start. • One formal kickoff meeting upon re-authorization to proceed following 30% and 85% approval. • Monthly meetings at the City throughout the project duration (estimate 7) Work Element 2 Quality Control/Quality Assurance The CONSULTANT shall provide internal and documented QA/QC reviews of all formal City of Federal Way Page 2 of 21 INCA/Tetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/1 S/2011 project deliverables as identified in this scope of services. The following major elements are key work element deliverables that will require QA/QC documentation to be submitted concurrently. All other deliverables will have complete QC documentation, but will be kept in the project files and available at the request of the City at any time: 2.1 Senior Engineer field review of the completed base map for completeness and accuracy and incorporate findings. 2.2 Senior Engineer review of the Geotechnical Investigation Plan and Report, draft and final versions. 2.3 Senior Engineer review of the 30% preliminary design plans, estimate and design report, draft and final versions. 2.4 Senior Right of Way Manager review of the right of way plans, draft and final versions. 2.5 Senior Engineer review of the 85% plans, specifications and estimate. 2.6 Senior Engineer review of 100%plans, specifications and estimate. Work Element 3 Mapping The limits of the topographic survey are as follows: SW 312th Street, from 21 St Ave SW to 450 feet east of 14 Ave SW, 100 feet wide (50 feet north and 50 feet south of the apparent centerline) to the fence line on the southerly side of SW 312 Street. SW Dash Point Rd (SR-509) from 300 feet southwest of SW 312 St to 250 feet northeast of SW 312 St, 100 feet wide (50 feet northwest and 50 feet southeast of the apparent centerline). 21 S Ave SW, from SW 312 St to 200 feet northwest of SW 312 St, 100 feet wide (50 feet northeast and 50 feet southwest of the apparent centerline). 14 Ave SW, from SW 312 ST to 250 feet south of SW 312 St, 100 feet wide (50 feet west and 50 feet east of the apparent centerline). The private access road lyin�q north of SW 312 St (the northerly extension of 14 Ave SW), from SW 312 St to 150 feet north of SW 312 St, 50 feet wide (25 feet west and 25 feet east of the apparent centerline). The southwest 50 foot wide tip of the ARCO station property. Assumptions • The topographic basemap will be prepared as a whole at a single time (and as a single entity). For budgeting purposes, 70% of this activity will be funded by the City of Federal Way and 30% will be funded by the Federal Government. The base mapping will not be performed as separate parts (or at different times). City of Federal Way Page 3 of 21 INCA/Tetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/I S/2011 • The City will provide available as-built information for roadway and private developments within and adjacent to the project to aid in preliminary identification of existing facilities. • Mapping will include visible and accessible topographic features. • All necessary rights-of-entry (to private parcels) will be secured by the City prior to the start of mapping. • Traffic control for surveying is not anticipated, if traffic control does become necessary, the City of Federal Way will provide temporary traffic control. • Drafting and symbology standards in APWA format. Tetra Tech INCA will provide standards to the City prior to commencing survey operations for concurrence. • Horizontal datum to be Washington North Zone coordinates (based upon nearby WSDOT survey control). • Vertical datum to be NAVD'88 (based upon nearby WSDOT survey control). • The survey of trees shall be limited to those six inches (6") DBH and larger. • A Right-of-Way Use Permit will not be required for surveying and mapping activities. 3.1 Establish horizontal and vertical control points along the corridor and within the project limits described above. Approximately 2 control points will be established and will be made available for the construction contractor's use during construction. The CONSULTANT will locate, field survey, and calculate positions for visible and accessible monuments found during the course of this survey and within the project limits. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed may include the following: • Section Corners • Side street monuments • Monuments on SW 312th Street 3.2 Field Survey and Note Reduction. Perform note reduction of the field survey data. 3.3 Mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in AutoCAD Civil 3D (Version 9.0) format of the project within the limits described above. The base mapping work will include: • Building faces, building corners, building awnings, signs, trees, curbs, sidewalks, pavement markings, utility poles, signal poles, flagged wetland delineations, and other visible and accessible surface features. • One-foot contours generated from the DTM. 3.4 Field survey to locate paint marks provided in Work Element 4.1 at nominal 50-ft intervals and visible and accessible surface feature (valves, manholes, catch basins, junction boxes, vaults). Irrigation systems will not be included. Where present and informative, utility trench patches will also be surveyed. The CONSULTANT will prepare an as-built utility layer in the base map from this City of Federal Way Page 4 of 21 INCA/Tetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/1 S/2011 information. 3.5 Perform observation and measure-downs of accessible existing storm drain catch basins and manholes. Document the approximate size, type, material (brick, concrete), and general condition of the structures to confirm suitability for continued use. Also document the size, location, and invert elevations of storm drainage pipes. These observations will be made from the surFace. 3.6 Field survey to locate utility potholes provided for in Work Element 4.3. Process the survey notes and add the pothole locations to the basemap. 3.7 Provide a mounted 1"=100' aerial photograph of the project area. This is assumed that it will be based on currently available ortho photos from an outside source. 3.8 Survey existing ground profile at a potential retaining wall location (if a retaining wall is necessary). This level of effort is limited to approximately 500 lineal feet, and near the project site, and is to be accomplished during a single mobilization. 3.9 Field survey to locate the wetland flags provided for in Work Element 7. Process the survey notes and add the wetland flags (wetland boundary) to the basemap. This level of effort is limited to approximately 50 wetland flags, and near the project site. Work Element 4 Utility Mapping and Coordination 4.1 Applied Professional Services (APS) and/or utility purveyors will provide design level locating and marking of all utilities within the project corridor so that they can be surveyed as indicated in Work Element 3.4. Service line locations and gravity storm and sewer will not be located except where upstream or downstream structures cannot be found. Only coordination from the CONSULTANT team is included in this sub Work Element. The design location markings will not be charged to the project. This cost is the responsibility of the Utility owner. 4.2 Request utility companies record drawings and update utility mapping prepared in Work Element 3.4. Utility as-builts will be used to verify the location and type of utilities within the limits of this project (i.e. adding the type of water main, and type, location and symbol of water valves). Utility depths will not be shown with the exception of those described in work element 3.5. 4.3 Coordinate with the utility companies and identify locations for potholing based on the preferred design alternative. The CONSULTANT will prepare a potholing plan for review and approval by the City. All potholing will be performed under the direction of the utility owners and is not included in this scope of work. Pothole locations will be marked with pins to identify depth from existing grade to City of Federal Way Page 5 of 21 INCA/Tetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/1 S/2011 top of their facilities. This information will be incorporated into the mapping. Depths of utility lines located by potholing will be designated by a symbol in the plans. Survey of potholing information will be included as indicated in work element 3.6. 4.4 The CONSULTANT will develop and maintain a utility conflict and communication log. This log will include the utility type, owner and contact information, a description of the impacted utility facilities, the impact on the utility and the mitigation measures to be taken by the project. The log will contain a record of all decisions made with regard to financial responsibility for the relocation or replacement of utilities. Work Element 5 Geotechnical Report. 5.1 Geotechnical Exploration Plan: The CONSULTANT will prepare a geotechnical exploration plan that identifies the location and type (boring, test pit) of investigation to be performed at each exploration location along the project. The exploration plan will include 1"=40' plan views showing these locations. A written description for the type of analysis to be perFormed will be prepared. The CONSULTANT will obtain and review existing information, coordinate and plan access and restoration for test holes, and identify features that affect other geotechnical design work elements. No field investigation will proceed until the geotechnical exploration plan has been approved by the City. 5.2 Field Explorations: The field exploration program will consist of borings and test pits to characterize soil and groundwater conditions to support design of signal pole and illuminare foundations, retaining walls, stormwater vaults, low impact development features, and stormwater conveyance pipelines, and pavement. Borings: Complete two (2) borings to depths of about 15 to 20 ft below existing road grades to characterize subsurface soil and groundwater conditions. One boring will be completed at the northwest corner of the intersection of 14 Avenue SW and SW 312 Street for the new signal pole foundations and a boring along SW 312 Street for the proposed stormwater conveyance pipeline detention vault, and illuminares along the north side of SW 312 Street. The borings will be completed by a reputable drilling contractor under subcontract to the CONSULTANT with a truck-mounted drill rig advancing hollow-stem augers. Pavement at the boring locations will be cored by a reputable concrete coring contractor under subcontract to the CONSULTANT. 5.2.1 The CONSULTANT will mark the boring locations in the field and arrange for underground utility location ("call before you dig") prior to drilling. 5.2.2 Test Pits: Complete three test pits in the ditch along the north side of SW 312th Street to characterize subsurface soil and groundwater conditions for porous sidewalks and to complete insitu infiltration tests. The test pits will be excavated using a rubber-tire backhoe under subcontract to the City of Federal Way Page 6 of 21 INCA/Tetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/1 S/2011 CONSULTANT to a depth of about 8 ft or refusal, whichever occurs first. Upon completion of sampling and logging, the test pits will be backfilled with excavated soil and the area around each test pit will be restored as- best-as possible with the equipment on hand. 5.2.3 Infiltration Testing: Complete three Falling Head Percolation test in accordance with the King County SurFace Water Design Manual. A maximum of three in situ infiltration tests will be completed to determine the design infiltration rate for porous pavement. The EPA Falling Head Percolation tests will be completed approximately 1 ft below the existing ground surFace. Upon completion of in situ infiltration test, the PVC pipe will be removed or cut off 1-ft below the ground surface and filled with bentonite chips. 5.2.4 The CONSULTANT will mark the locations in the field and contact the "call before you dig..." underground utility locate service at least 48 hours prior to starting field work to check if any known active underground utilities are present at the exploration locations. 5.2.5 Geotechnical Laboratory Testing: Complete a limited geotechnical laboratory testing program consisting of natural moisture content determinations, and grain size analyses (sieve and-grain soil) on selected soil samples from the borings to aid in classifying site soils and determining pertinent engineering properties of the soil. Six (6) moisture content determinations and eight (8) grain size analyses/Atterberg limit determinations will be completed. Two samples of the roadbed soil will be obtained from the explorations for determination of the California Bearing Ratio (CBR) value for pavement design. Assumptions • All subcontractors, equipment subcontractors, laboratories, traffic control personnel, and other re�ated subcontractor personnel will be selected, hired and paid by the CONSULTANT. • Appropriate traffic control, consisting of flaggers and warning signs, will be provided during drilling of borings and excavation of the test pits. A traffic control plan will be submitted to the City for approval prior to commencing field explorations. • The City will provide a no-cost street use permit. • A total of 40 ft of drilling is assumed for this project. • Soil sampling will be in accordance with ASTM D1586 (Standard Penetration Test procedure), ASTM D3550 (Ring-lined Barrel Sampling of Soil), and ASTM 1587 (Thin-Walled Tube Sampling of Soil). City of Federal Way Page 7 of 21 INCA/Tetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/15/2011 • Upon completion of the drilling, the borings will be abandoned in accordance with the requirements in WAC 173-160. Borings located in streets and/or driveways will be patched with fast-setting concrete. Test pits will be backfilled with excavated soil placed in about 12 to 18 inch lifts and each lift compacted by tamping with the backhoe bucket. The area around each exploration will be restored to near its original condition with the equipment on hand. Disturbed areas will be covered with straw. Waste soil from the boring will be placed in drums and disposed of by the drilling subcontractor. Borings located in streets and/or driveways will be patched with fast-setting concrete. • Piezometers will not be installed in the borings. Groundwater levels at the time of exploration drilling (if encountered) will be recorded. • Field exploration will be performed during the daylight hours. • Soil samples will be disposed of 30 days after the date of the final report. Deliverables • Geotechnical Exploration Plan (including a traffic control plan for the explorations), draft and final, in electronic copy (in PDF format) and two (2) paper copies. 5.3 Geotechnical Engineering Analyses The CONSULTANT will develop geotechnical engineering conclusions and recommendations in accordance with WSDOT Standard Specifications for design and construction of the proposed roadway improvements, including: • Earthwork: temporary and permanent slope configurations, suitability of onsite soil for reuse as structural fill, import fill criteria; fill placement criteria; and pavement subgrade preparation. • Stormwater Facilities: construction dewatering considerations; excavation and retention; soil parameters lateral earth pressures for contractor design of temporary shoring; pipe foundation support, pipe bedding and initial backfill materials; suitability of excavated soil for use as trench backfill; backfill compaction criteria; foundation support and lateral earth pressure for design of below-grade vaults; vertical loads on pipe and buried structures; uplift resistance; passive soil resistance and ultimate soil/pipe friction for resistance to lateral loads; and recommended Infiltration rates for porous sidewalks. • Pavement: Overlay and new pavement thickness per AASHTO 1993 design procedures. City of Federal Way Page 8 of 21 Lakota Middle School Safe Routes to School Project Federally Funded Scope INCA/Tetra Tech 6/I S/2011 Assumptions City will provide traffic data (design life, ADT, growth factor) for pavement design. 5.4 Geotechnical Report The results of field explorations, engineering analyses, and geotechnical engineering conclusions and recommendations, will be summarized in a draft geotechnical report for review by the CONSULTANT and the City. The draft report will be provided for review by the project team. Upon receipt of review comments, we will address the comments and submit a signed and sealed geotechnical report. Deliverables • An electronic copy (in PDF format) and finro (2) bound copies of the Draft Geotechnical Report. • An electronic copy (in PDF format) and two (2) bound and one unbound copies of the Final Geotechnical Report. Work Element 6 Design Report. Prepare a design report. The draft report will include the 30% plans and relative cost opinions for the project. All deliverables in this section will be a section in the design report and not separate deliverables. Hand sketches over cadd developed plans will be prepared where applicable. Final design report will include discussion on how the 30% plans will be revised. A final 30% set of plans will not be provided, and comments on the 30% will be incorporated on the 85% plans. 6.1 Compile and review data and records from the City, other agencies, and utilities. Document the design criteria that will be used to develop and evaluate alternatives. Design criteria will be per the WSDOT Project Design Guidelines format. Prepare photo log of existing conditions afong the corridor. Deliverables • An electronic copy (in PDF format) of the project existing conditions photo log. One version, no review by the City. 6.2 Evaluate property access alternatives considering parking impacts/remedies as appropriate to achieve the City's access goals. Address concerns raised during community open house meeting and one on one property owner meetings included in work element 8. The CONSULTANT will prepare a plan and profile for each existing access along the project. Where existing access cannot be maintained, the CONSULTANT will prepare up to two alternatives with plan and profile sketches showing the new access. Summarize findings in a brief memorandum with plan sketches for review by the City. City of Federal Way Page 9 of 21 Lakota Middle School Safe Routes to School Project Federally Funded Scope INCA/Tetra Tech 6/1 S/2011 Deliverables • An electronic copy (in PDF format) of the Property Access Findings Summary Memorandum, draft and final versions. 6.3 Develop cross sections alternatives analysis (plan and typical section) and comparative level opinion of cost by identifying differences in the design. It is anticipated that finro (2) cross section alternatives will be evaluated. Evaluate relative impacts to: • Forward compatibility as per the full city planned width for SW 312 Street and to fit with the identified intersection improvement at SW 312 Street and SR 509. • Stormwater facilities quality & quantity analysis. • ROW Estimate (initial sf approximate costs provided by the City) • Walls, including impacts analysis of overhead/underground utilities. 6.4 Develop plant pallet for review by the City 6.5 Document the existing storm water facilities within the limits of the project and document applicable stormwater regulations, standards, hydrology and hydraulic design criteria. Identify any SWM projects proposed in the next ten years based on review of the City comprehensive plan and/or discussions with City staff. Document the approach to detention and treatment in a brief inemorandum for City review and approval. The City will provide record drawings of the existing roadways and for site development of properties adjacent to the project including grading, drainage, utility plans, storm drainage design reports, and geotechnical reports if available. Deliverables An electronic copy (in PDF format) of the Stormwater Treatment and Flow Control Approach Memorandum, draft and final versions. 6.6 Prepare a type size and location (TS&L) analysis for stormwater treatment and detention facilities. It is assumed that one (1) detention facility and one (1) water quality facilities will be required along the corridor. Prepare one (1) alternate stormwater mitigation scenario utilizing low impact development techniques (where feasible) such as bioretention and porous sidewalk. Prepare comparison of relative costs and benefits between stormwater mitigation scenarios. Present findings in a brief technical memorandum for City review and approval. Deliverables • An electronic copy (in PDF format) of the Stormwater Treatment and Flow Control TS&L Memorandum, draft and final versions. City of Federal Way Page 10 of 21 INCA/Tetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/1 S/2011 6.7 Prepare a draft Technical Information Report (TIR) describing the technical information and analysis of the stormwater facilities. The draft TIR will be in accordance with City requirements, including a level 1 downstream analysis at finro locations, hydrologic calculations, detention and water quality facility design, pipe sizing calculations, and plan view layout as shown on the 30% plans. The TIR will be finalized concurrent with final design under work element 12. Deliverables • An electronic copy (in PDF format) and two (2) bound copies of the Draft Stormwater TIR. 6.8 Coordinate with local transit provider (Pierce Transit) to determine requirements for bus stops within the project area 6.9 Prepare preliminary construction staging concepts for the preferred alternative. Traffic control requirements and construction sequencing criteria will be described in the design report. No plans will be prepared until final design. 6.10 Coordinate with Puget Sound Energy, Qwest and Comcast Cable to develop a preliminary relocation of underground utilities plan. Each utility company will provide a schematic design of their existing underground facilities, including vaults and number and size of conduits (as part of Work Element 4.2). The CONSULTANT shall incorporate the utility provided information into a preliminary relocation plan compatible with proposed improvements. The CONSULTANT will prepare a summary table of existing connection type by parcel and this will be included in the design report. 6.11 Analyze pavement design requirements for new pavement sections and overlay sections using 1993 AASHTO Design Methodology. The City will complete a truck classification study and will provide the type and percentage of trucks traveling the roadway. The truck classification study will collect data in each existing through lane at 3 locations within the project limits. Existing and projected traffic counts will also be provided by the City. This will be included in the design report. 6.12 Analyze illumination to provide levels consistent with the current City illumination standards. Prepare a preliminary layout of the street illumination system and include supporting calculations as an appendix to the design report. 6.13 Develop retaining wall cross section alternatives (plan and typical section) and comparative level of opinion of cost. It is anticipated that walls will be either cast in place concrete or MSE type. In determining the type of wall to use, the CONSULTANT will analyze cost and constructability of each wall system. Detailed design of the wall will be performed under Work Element 12. The type, size and location of potential walls will be included in the design report. 6.14 Estimate preliminary quantities and prepare preliminary opinions of probable cost City of Federal Way Page 11 of 21 INCA/Tetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/1 S/2011 for construction. This will be included, in tabular format as defined by the City, within a design report appendix. 6.15 Prepare an analysis of preliminary right-of-way and limited access requirements based on existing property lines, estimated required takes, easements and changes to current access. The City will provide the required width of right-of- way for affected roadways. This will be included in the design report. 6.16 Compile and prepare the Draft and Final Design Report. The design report will summarize all elements defined in Work Element 6.0. Deliverables • An electronic copy (in PDF format), five (5) bound copies, and one (1) unbound copy of the Design Report, draft and final versions. Work Element 7 Environmental. 7.1 Environmental Classification Summary/Documented Categorical Exclusion. The CONSULTANT will prepare a NEPA Local Agency Environmental Classification Summary (ECS) with supporting documentation as required by WSDOT for projects that receive federal funding through WSDOT (Environmental Procedures Manual, Section 310.07). The ECS will include the recommended NEPA determination (assumed to be a Class II, Documented Categorical Exclusion). The NEPA documentation will review the entire project to avoid segmentation. The ECS will require discipline reports to support the categorical exclusion. The documentation is expected to include an effect determination for species listed under the Endangered Species Act (ESA) and Essential Fish Habitat (EFH) evaluation for any species within the project area, which is anticipated to be a letter of no effect (see task 8.2). The ECS will also require a discussion of stormwater treatment and detention, which will be based on information provided under Work Element 6. Since there will be right of way acquisitions a corridor level Phase 1(see task 8.3) Environmental Site Assessment (ESA) will be required for the parcels where right of way is obtained. Due to ground disturbing activities, at a minimum the City of Federal Way should complete and submit the EZ-1 form found on the Department of Archaeological and Historical Preservation (DAHP) web site as a first step for determining if additional archaeological or historical investigations or monitoring will be required on the site. Assumptions: • The NEPA review of the project is limited to the area in the project description. The area of NEPA review has demonstrated that there is logical termini and independent utility and will not constitute segmenting a project. City of Federal Way Page 12 of 21 Lakota Middle School Safe Routes to School Project Federally Funded Scope INCA/Tetra Tech 6/I S/2011 • The project will be determined to be a Class II Documented Categorical Exclusion and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. • The CONSULTANT will provide documentation for a letter of no effect for endangered species, air quality discipline report, and a phase 1 ESA to support the right of way. • The City will complete and submit the EZ-1 form to DAHP to determine if additional archaeological or historical investigations or monitoring will be required. Should additional archaeological investigations be required a separate scope and budget will be prepared. • The project should meet the exemption requirements for noise, if a noise assessment is required, The CONSULTANT can provide the discipline report under a separate scope and budget. • If an air quality assessment is required, The CONSULTANT can provide the discipline report under a separate scope and budget. • The project will not require review under 4(fl, wetlands, environmental justice, or noise. Should discipline reports for these areas be required a separate scope and budget will be prepared.The project description in the grant application, the Statewide Transportation Improvement Program and Federal Way Transportation Plan are consistent with each other and will be used as the NEPA project description. Deliverables • An electronic and paper copy of the draft ECS in Adobe PDF. • An electronic and six (6) paper copies of the final ECS in Adobe PDF. 7.2 Biological Evaluation (BE) and Essential Fish Habitat Evaluation (EFH). The CONSULTANT will prepare a brief effect determination letter on species listed as threatened under the ESA (assumed to be a"no effect" letter) and an EFH evaluation. We will obtain updated species lists from the agencies web sites and also request site specific habitat information from the Washington State Department of Fish and Wildlife priority habitats and species database. Evaluation of specific project details such as construction techniques and equipment used, timing of construction, temporary sediment and erosion control measures, and best management practices will be based on information developed under Work Element 6. Information on the amount of new impervious surfaces, stormwater detention, and stormwater quality treatment will be based on information provided under Work Element 6. We will prepare a draft effect determination for review and comment by the City and then a final document. Assumptions: ♦ We will only include a discussion of Puget Sound Chinook salmon, Coastal- City of Federal Way Page 13 of 21 INCA/Tetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/1 S/2011 Puget Sound bull trout, designated critical habitat for these two species, and Puget Sound steelhead in this evaluation. ♦ The project will have no effect on listed species or their designated critical habitat and a detailed Biological Assessment will not be required. Deliverables: • An electronic and paper copy of the draft effects determination letter in Adobe PDF. • An electronic and six (6) paper copies of the final effects determination letter in Adobe PDF. 7.3 SEPA checklist. Typically a NEPA document can be adopted for SEPA, however since this NEPA is a categorical exclusion, it cannot be used for SEPA compliance. Therefore a State Environmental Policy Act checklist will be prepared for this project. Assumptions: • The City will be the lead agency for the SEPA review. • The SEPA review will result in a Determination of Non-Significance (DNS) or a Mitigated DNS. • The City SEPA official will issue the notification and determination. Deliverables: • An electronic and paper copy of the draft SEPA checklist in Adobe PDF. • An electronic and six (6) paper copies of the final SEPA checklist in Adobe PDF. 7.4 Corridor-Wide Alignment Screening The CONSULTANT will conduct a corridor-wide alignment screening to evaluate the presence or likely presence of potential hazardous substances that could have an effect on right-of-way acquisition and/or roadway work. The corridor- wide alignment screening will be completed in general accordance with American Society for Testing and Materials (ASTM) E1528-00 Standard Practice for Environmental Site Assessment: Transaction Screen Process, modified as appropriate for this project. It is important to understand that the corridor-wide alignment screening is not a means of finding "everything there is to know about a property." Rather, it is an attempt to determine potential environmental liabilities of properties along the roadway corridor based on reasonably available documentation (both oral and written). Our scope of services will include: Review the results of a federal, state and local environmental database search provided by an outside environmental data service for listing of information on confirmed and suspected contaminated sites or nearby structures specified by ASTM. City of Federal Way Page 14 of 21 Lakota Middle School Safe Routes to School Project Federally Funded Scope INCA/Tetra Tech 6/1 S/2011 • Review historical aerial photographs to identify past development history on parcels relative to the possible use, generation, release or disposal, of hazardous substances. • Conduct a visual reconnaissance of the parcels and adjacent parcels along the roadway corridor to identify visible evidence of potential sources of contamination. • Provide recommendations for follow up investigations (Phase II Environmental Site Assessments [ESA]). Assumptions • City will provide basic information on each property along the roadway corridor (owner name, address, and tax parcel number). • Non-scope ASTM considerations (e.g., identification, sampling and analysis for radon, lead in drinking water, lead-based paint, polychlorinated biphenals (PCB) in light ballast, asbestos-containing building materials or urea formaldehyde in onsite structures, and/or wetlands, regulatory compliance, indoor air quality including the potential presence of mold, industrial hygiene, and health and safety) are not included in our scope. • Soil, surFace water, or groundwater sampling and chemical analyses are not included in our scope. Prepare and submit a report summarizing the results of the corridor-wide alignment screening. Deliverables • An electronic copy (in pdf format) and two bound copies of the draft corridor- wide screening report. • An electronic copy (in pdf format) and one bound and one unbound copy of the final corridor-wide screening report. Work Element 8 Community and Agency Coordination 8.1 Arrange and coordinate one (1) project meeting with the utility companies. Provide meeting minutes and action items. 8.2 Attend one Community-wide Open House. 8.3 Prepare an open house flyer, 1 roll-plot, cross-section exhibits, landscaping exhibits, a project schedule exhibits and other design exhibits as required for� each open house. Attend one meeting with groups of abutting property owners and/or tenants. Work Element 9 Right of Way Calculations Perform the following work items necessary to establish the right-of-way (ROW) for this City of Federal Way Page 15 of 21 INCA/Tetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/1 S/2011 project. 9.1 Research Records. Determine which existing corners and monuments should be field located and surveyed. Determine and order title reports. Cost for the title reports will be billed directly to the City. This project is estimated to impact up to six (6) parcels, of which one is a right of entry only with no take. Calculations for ROW centerline alignment and ROW lines, using King County Assessor Maps, Records of Surveys, Plat Maps, calculated locations, surveyed corners, and monuments. The CONSULTANT will determine the centerline alignment for SW 312th Street within the project limits as defined in this scope. The ROW centerline will be defined geometrically using Washington state plane coordinates and stationing will be assigned to the alignment. Prepare and submit Right-of-way plans to City. Prepare legal descriptions and exhibit maps for up to five (5) parcels requiring fee simple take and rights of entry, and one right of entry on a separate parcel where no take is required. Calculate the right-of-way required and prepare exhibit maps for up to five (5) parcels. Temporarily locate proposed right-of-way for acquisition negotiations only for up to five (5) parcels; no permanent right-of-way staking will be required. Deliverables • An electronic copy (in PDF format) and five (5) paper copies of the Right of Way plans, draft and final versions. • Legal descriptions and exhibits for five parcels for fee simple take and rights of entry and one parcel for right of entry only. Work Element 10 Right of Way Appraisals 10.1 Provide three (3) full narrative appraisals and appraisal review reports and two (2) Administrative Offer Summary reports. The City will review the reports and set just compensation for all parcels from which offers to property owners will be made. Deliverables • An electronic copy (in PDF format) of the Appraisal Review Reports or Administrative Offer Summary Reports, draft and final versions. 10.2 Prepare a Project Funding Estimate in the format defined by the City. Deliverables An electronic copy (in PDF format) of the Project Funding Estimate (PFE), draft and final versions. Work Element 11 Right-of-way Negotiation 11.1 Review title reports, maps, legal descriptions, appraisals, review appraisals and other information provided. Errors, questions and clarification will be reviewed and discussed with the City. City of Federal Way Page 16 of 21 INCA/Tetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/1 S/2011 11.2 Assemble parcel files. Parcels files will include: • Negotiator's Disclaimer, • Detailed written diaries for each parcel, • Fair offer letters, • Other items necessary for negotiations, • Signature ready legal documents for each parcel. Upon completion of negotiations or as directed by the City, the complete file will be submitted to the City. 11.3 Secure ownership information for those parcels requiring temporary access rights. 11.4 Provide acquisition and negotiation services for up to five (5) parcels, fee simple takes and permanent easements. Make at least three (3) personal contacts with each owner with the intent of reaching settlement for the conveyance of property or property rights needed for each parcel. As many contacts as needed to reach settlement will be made, until it is mutually agreed between the City and the CONSULTANT that negotiations be suspended or given to the City Attorney to pursue eminent domain actions. 11.5 The City will provide the CONSULTANT with deeds, easements, and right-of- entry agreements, which will be necessary to acquire all property and property rights. CONSULTANT will prepare deeds, easements, and right-of-entry agreements by filling in factual information. CONSULTANT will prepare offer letters, counter-proposal letters, payment vouchers, W9, Excise Tax Affidavit forms, and all other documents that are necessary to complete the acquisition of all property and property rights for five (5) parcels. The City will obtain the right of entry for the parcel with no take (1 parcel). 11.6 Preparation of all documents necessary for monetary lien and encumbrance removal and obtain signatures from parties in interest on each parcel. Coordination with the title company to obtain titles vested in the City clear of all encumbrances, which the City determines to be reasonable or will adversely impact the rights being acquired. Prepare payment vouchers for title clearing and submit to City to process payment for the parcel. The City will issue actual payment of all fees charged by trustees and/or beneficiaries to clear encumbrances, and other closing costs such as title policies, recording fees. More than one voucher will be necessary for most parcels to pay encumbrances as well as owners. All parcels will be delivered in a certification ready format. 11.7 Submit completed file to City for payments to owners and filing with the County. 11.8 Provide overall coordination for right-of-way activities. Maintain records, files, documents and reports in accordance with statutory, City guidelines and regulations. Provide written status reports on at least a monthly basis and City of Federal Way Page 17 of 21 INCAlTetra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/1 S/2011 provide verbal status reports on demand, as requested. Attend two (2) monthly project status meetings as requested. Work Element 12 Final Design The CONSULTANT shall prepare two phases (85% and 100% level) of Final Plans, Specifications and Estimates for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be signed by a licensed professional engineer in the State of Washington. 12.1 Assemble a title and index sheet that would include a vicinity map. 12.2 Assemble a sheet for symbol and abbreviation legends, general notes. 12.3 Prepare construction staging plans that illustrate a method by which the construction consultant could perform the required work while minimizing, to the extent possible, the impacts on traffic and access to adjacent property. Prepare traffic control plans to supplement the standard "K" plans. 12.4 Prepare roadway typical sections. 12.5 Prepare paving detail sheets. 12.6 Prepare a schematic map showing survey control monuments location and their coordinate values. 12.7 Prepare site preparation, erosion control plans, details and intersection geometry. These plans will include all demolition and erosion control, and will provide grading limits. 12.8 Prepare alignment, paving, and grading plans. These plans will include horizontal alignment information and plan views of pavement planing, grading and paving limits, as well as limits of cut/fill required and retaining walls. 12.9 Prepare roadway profiles for SW 312th Street. These plans will include roadway profiles required within the project limits. Roadway centerline elevations will be shown at 25 ft intervals. 12.10 Prepare channelization plans. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, bicycle lanes, stop lines, and curb face painting. 12.11 Prepare signing plans. These signs will show the locations and sizes of all signs. 12.12 Prepare drainage detail sheets, depicting special or non-standard drainage features. For budgeting purposes, it is assumed that detention and treatment City of Federal Way Page 18 of 21 INCA/Tefra Tech Lakota Middle School Safe Routes to School Project Federally Funded Scope 6/1 S/2011 facilities will consist of underground vaults. KCRTS software will be used for hydrology and facility sizing. Precast vault elements are assumed with no structural design needed and treatment facilities will be manufactured stormwater treatment devise. 12.13 Prepare drainage plans, profiles and structure notes. These plans will include information and plan views of storm drainage system including type, size and location of pipes, catch basins, and oil control devises, stormwater detention and treatment facilities. 12.14 Prepare final Stormwater TIR addressing draft TIR comments from the City (draft completed in Work Element 6.7) at the 85% completion submittal. Include drainage profiles, detention and treatment design. Prepare storm drain analyses (both uniform flow and backwater) for the proposed storm drains. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) is not included in this scope of work. 12.15 Prepare landscaping and irrigation plans for right-of-way improvements showing elements affecting planting and irrigation such as luminaires, driveway cuts, utilities, etc. The plans will include the type and location of all planting materials, as well as the layouts for any project required irrigation within the public right-of- way. Landscape improvements will be consistent with City of Federal Way guidelines. Prepare landscaping and irrigation detail sheets that include details for items such as connections for the irrigation lines to water sources and planting details. The CONSULTANT will verify the existing water pressure available for the irrigation system with Lakehaven Utility District and field measurements of the available water pressure. Water pressure will be measured at three locations along the project using a standard residential water pressure gauge. 12.16 Prepare roadway illumination system plans. Plans will include layouts of lighting system equipment, and conduit and conductor schedules. Illumination design shall be per the current City of Federal Way Street Lighting Standards. Photometric and line loss calculations shall be submitted to support the City of Federal Way design standards. 12.17 Prepare Signal Plans, Wiring Terminations, and Signal Pole Schedule. Signal design shall meet the current City of Federal Way Signal Design Standards. 12.18 Coordinate with Puget Sound Energy, Qwest and Comcast Broadband and Internet Services to coordinate their design of utility relocation. The CONSULTANT will coordinate with each utility company to confirm that their design is consistent and compatible with the roadway design. The CONSULTANT will review utility company standard plans and details for conflicts with other standard plans and details and provide written notification of conflicts to the utility companies. This will be accomplished at up to five (5) meetings with all utility companies and correspondence with each utility company and,the City. City of Federal Way Page 19 of 21 Lakota Middle School Safe Routes to School Project Federally Funded Scope INCA/Tetra Tech 6/1 S/2011 The CONSULTANT will not be responsible for coordinating service connection details with individual property owners. 12.19 Prepare retaining wall plans. Plans views of retaining walls will be shown on the paving and grading plans prepared in work item 13.8. The horizontal limits of the retaining walls will be shown by station and offsets. 12.20 Prepare retaining wall profiles. Wall profiles will be prepared showing the top of wall, top of wall barrier, top of footing, existing ground line and final ground line. Existing and proposed storm drain or utility crossings will be shown in the profile. Top of wall elevations will be provided at 25-foot stations along the wall profile. 12.21 Prepare retaining wall details. Structural design details for each wall will be prepared and shown on these plans. These details will include a typical cross section of the wall, all barrier design details, foundation details, fencing/handrail details, luminaires mounting details, wall penetration details and sloping/shoring requirements. This task includes preparing structural design calculations, and global and internal stability calculations related to the design of the retaining wall. 12.22 Perform 85% and 100% Design quantity take-offs and opinion of costs. 12.23 Prepare contract specifications for the 85% and 100% submittals based on WSDOT/APWA standards (English). City wi�l provide their pre-formatted standard special provisions in MS-Word 2007 for all specification divisions. Work Element 13 Plan Production 13.1 Assemble and submit plans and specifications for 85, and 100 percent levels of design. • One full size set of plans • 6 half-size sets of plans (11x17), including one unbound original • 6 copies of specs, including one unbound original • 6 copies of the opinion of cost 13.2 Assemble and coordinate the printing of 50 sets of half-size contract plans, 50 sets of specifications for bidding and 6 full size sets of plans. Work Element 14 Assistance During Bidding 14.1 Respond to bidders questions relayed through the City. 14.2 Prepare addenda. It is assumed that the CONSULTANT will prepare up to three (3) addenda. Sheet List (approximate) Title/index sheet City of Federal Way Page 20 of 21 Lakota Middle School Safe Routes to School Project Federally Funded Scope (1 sheet) INCA/Tetra Tech 6/1 S/2011 Legend, Abbreviations General Notes Construction Staging Plans (1 "=50') Roadway Sections Survey Control Site Preparation and Erosion Control Plans Temporary Erosion Control Details Alignment and Paving Plans Paving Details Intersection Geometry Drainage Plans Drainage Profiles Drainage Details Utility Plans and details Illumination Plans and Details Traffic Signal Plan/ Inte�connect Wiring Terminations Signal Standard Details Signal Systems Miscellaneous Roadway Profiles (including driveways) Channelization and Signing Plans and Details Landscape and Irrigation Plans Landscape and IrrigationDetails Structural notes, Legends, Criteria Retaining Wall Plan and Elevations Retaining Wall Details (1 sheet) (2 sheets) (1 sheets) (1 sheet) (2 sheets) (1 sheet) (2 sheets) (1 sheet) (1 sheet) (2 sheets) (1 sheets) (1 sheets) (3 sheets) (3 sheets) (1 sheet) (1 sheets) (1 sheets) (1 sheets) (3 sheets) (4 sheets) (2 sheets) (1 sheets) (1 sheet) (1 sheet) 1 sheet TOTAL = 40 sheets City of Federal Way Page 21 of 21 Lakota Middle School Safe Routes to School Project Federally Funded Scope INCA/Tetra Tech 6/1 S/2011 EXHIBIT "C" Electronic Exchange of Engineering and Other Data Electronic Deliverables include digital photos (jpg), scanned or electronic documents (pdf, doc, xls, etc.), Contractor baseline and progress schedules (if provided by the Contractor in mpp). Data is to be transferred by e-mail, CD, or FTP site(s). Agency OS is Windows XP Professional, Agency e-mail software is Microsoft Outlook 2007, Software Suite is MS Office 2003. Exhibit D-2 Payment (Cost Plus a 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 work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 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, direct non-salary costs, and fixed fee. 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. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 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 two options are explained as follows: a. 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. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub-consultants) will submit to the AGENCY within six (6) 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. DOT Form 140-089 EF Exhibit D-2 Revised 6/08 Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants 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 AGENCY, 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 Non-Salary Costs: Direct Non-Salary 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 sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Cost b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services 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 person- hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional wark, 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 billings. 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 entitled "Termination of Agreement." 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize 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 $100,000 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 not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XN, "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, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings 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 billings will be supported by an itemized listing for each item including Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, 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, electronic data 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 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 thirty (30) 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. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY far audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts 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 (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the recards is completed. EXHIBIT E-1 CONSULTANT FEE SUMMARY Project: City of Federal Way Lakota Middle School Safe Routes to School Project Tetra Tech INCA Fee Estimate FEDERALLYFUNDED) DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project QA/QC Manager 32 57.00 $1,824.00 2. Project Manager/Sr. Supervising Engineer 191 65.00 $12,415.00 3. Project Engineer/Senior Engineer 576 48.00 $27,648.00 4. Staff Engineer 172 35.00 $6,020.00 5. CADD / Technical Support 298 35.00 $10,430.00 6. Project Administrator 28 28.00 $784.00 7. Survey Manager 44 53.00 $2,332.00 8. Computations Technician 53 35.00 $1,855.00 9. Survey CADD 94.4 35.00 $3,304.00 10. Field Tech 3 50 32.00 $1,600.00 11. Field Tech 2 44 26.00 $1,144.00 12. Survey Admin 4 24.00 $96.00 SUBTOTAL - DSC 1586.4 $69,452.00 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 140.38% X$69,452.00 $97,496.72 FIXED FEE (FF): FF Rate = 30% X ( $69,452.00 ) $20,835.60 REIMBURSABLES: Mileage ( 200 Miles X 0.51/mile ) $102.00 Survey Mileage ( 560 Miles X 0.51/mile ) $285.60 Reprographics $800.00 Aerial $800.00 Courier $250.00 $2,237.60 SUBTOTAL $190,021.92 SUBCONSULTANTS Landau Associates $28,970.47 $ 28,970.47 Abeyta and Associates $50,574.03 $ 50,574.03 Karen Kiest Landscape Architects $7,813.00 $ 7,813.00 GRAND TOTAL - ESTIMATED FEE $277,379.42 Prepared By: Date: Checked By: Date: (File, New, Fee Proposal 2006) TT I N CA F E E I N CA EXHIBIT E-1 CONSULTANTFEE SUMMARY City of Federal Way Lakota Middle School Safe Routes to School Project Tetra Tech INCA Fee Estimate jFEDERRLLY FUNDED) $ 57.00 $ 65.00 $ 48.00 $ 35.00 $ 35.00 $ 28A0 $ 53.00 $ 35.00 $ 35.00 $ 32.00 $ 26.00 $ 24.00 Project Project Project Staff Tech. Project Survey Comp Survey Field Field Survey HOURS MAJOR TASK DESCRIPTION QAIQC Manager, Engineer Engineer Supporl Admin Manager Tech CADD Tech 3 Tech 2 Admin TOTAL 1.0 Project Management 1.1 Projec! Management Administrative Services 1.2 Overall Project Management 1.3 Coordination with City Staff 2.0 Quality Controll Quality Assurance 2.1 Field Review Base Maps 2 2.2 Geotechnical Investigation Plan (Sr. Review) 2 2.3 30% PS&E i Design Report Review 8 2.4 Right of Way Plans (Sr. Review) 4 2.5 85% PS&E (Sr. Review) 8 2.6 100 % PS&E (Sr. Review) 8 3.0 Mapping 3.1 Establish Horizontal/ VeRical Control Points 3.2 Field Survey 8 Note Reduction 3.3 Base Map 3.4 Field Survey/ Utility Locates - Base Map 3.5 Survey - Observation/ Measure-Down Existing Storm 3.6 Survey Utility Potholes 3.7 Obtain Aerial 3.8 Survey Existing Ground Profle 3.9 Survey - Locate Wetland Flags 4.0 Utility Mapping and Coordination 4. i Mark Utility Locations 42 Request Utilities Record Drawings and Update Uti 4.3 Coordination w/ Utilities and Potholing 4.4 Utility Conflict & Communication Log 5.0 Geotechnical Report 5.1 Geotechnical Exploration Plan 52 Field Explorations 5.2.1 Borings 5.2. 2 Test Pits 5.2.3 Infiltration testing 5.2.4 Mark Utility Locations 5.2.5 Getechnical Laboratory Testing 5.3 Geotechnical Engineering Analyses 5.4 Geotechnical Report 6.0 Design Report 6.1 Compile and Review Data 6.2 Evaluate Property Access Alternatives 6.3 Develop Cross Sections Alternatives Analysis 6.4 Develop Plant Pallet 6.5 Document Existing Stormwater Facilities 12 2 32 2 16 16 1 1 2 1 4 4 1 2.4 3 2.4 6 6 2.4 0.6 6 24 24 18 0.6 0.6 2.4 2.4 0.6 0.6 2.4 2.4 0.6 0.6 2.4 2.4 0.6 1.2 2.4 2.4 0.6 0.6 2.4 2.4 1 4 1 4 4 1 4 2 1 8 1 2 1 4 4 1 8 4 4 2 6 4 10 1 4 8 14.0 34.0 32.0 3.0 3.0 10.0 5.0 12.0 12.0 20.8 2.4 72.6 6.0 6.0 6.0 6.6 6.0 5.0 9.0 7.0 9.0 i��� 2.0 9.0 17.0 22.0 13.0 DSC $ 836.00 $ 2,136.00 $ 1,808.00 $ - $ - $ 179.00 $ 179.00 $ 586.00 $ 293.00 $ 716.00 $ 716.00 $ - $ - $ 712.20 $ 84.00 $ 2,317.80 $ 192.00 $ 192.00 $ 192.00 $ - $ 213.00 $ 192.00 $ - $ - $ 257.00 $ 397.00 $ 327.00 $ 449.00 $ - $ - $ 48.00 $ - $ - $ - $ - $ - $ - $ 96.00 $ - $ - $ - $ 397.00 $ 729.00 $ 908.00 $ - $ 537.00 OH L,ID $ 1,173.58 $ 2,998.52 $ 2,538.07 $ - $ - $ 251.28 $ 251.28 $ 822.63 $ 411.31 $ 1,005.12 $ 1,005.12 $ - $ - $ 999.79 $ 117.92 $ 3,253.73 $ 269.53 $ 269.53 $ 269.53 $ - $ 299.01 $ 269.53 $ - $ - $ 360.78 $ 557.31 $ 459.04 $ 630.31 $ - $ - $ 67.38 $ - $ - $ - $ - '$ - $ - $ 134.76 S - $ - $ - $ 557.31 $ 1,023.37 $ 1,274.65 $ - $ 753.84 FEE LID $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ S $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 250.80 640.80 542.40 53.70 53.70 175.80 87.90 214.80 214.80 213.66 2520 695.34 57.60 57.60 57.60 63.90 57.60 77.10 119.10 98.10 134.70 14.40 28.80 119.10 218.70 272.40 161.10 TOTAL $ 2,260.38 $ 5,775.32 $ 4,888.47 S - S - $ 483.98 $ 483.98 $ 1,584.43 S 7s2.21 $ 1,935.92 $ 1,935.92 S - $ - $ 1,925.65 $ 227.12 $ 6,266.871 $ 519.13 $ 519.13 $ 519.13 $ - $ 575.91 S 519.13 $ - $ - $ 694.88 $ 1,073.41 S 884.14 $ 1,214.01 S - S - $ 129.78 $ - a - $ - $ - S - $ - $ 259.56 S - S - S - $ 1,073.41 $ 1,971.07 $ 2,455.05 $ - $ 1,451.94 K\STREETS�PROJECTS�SW312 SI �141h Hve SW to SR 509�Design'�COntrac[\Grant Fundetl\Final\INCA\FEE FW SW 312th 51_061511 FEOERAL TASK INCA EXHIBIT E-1 CONSULTANT FEE SUMMARY City of Federal Way Lakota Middle School Safe Routes to School Project Tetra Tech INCA Fee Estimate (FEDERALLY FUNDED) $ 57.00 $ 65.00 Project Project MAJOR TASK DESCRIPTION clp./c]C Manager 6.6 Prepare TSBL Analysis for Stormwater/ Detention Facilitie. 2 6.7 Prepare Draft Technical Information Report 2 6.8 Coordination w/ Pierce Transit 2 6.9 Prepare Preliminary Construction Staging Concepts 2 6.10 Coordinate w/ Utilities & develop Preliminary Relocation F 2 6.11 Analyze Pavement Design Requirements 1 6.12 Analyze Illumination 1 6.13 Develop Retaining Wall Cross Sections Alternatives 1 6.14 Estimate Preliminary Quantities/ Probable Cost for Const 2 6.15 Prepare Analysis of Preliminary ROW Requirements 2 6.16 Compile and Prepare Draft and Final Design Report 2 7.0 Environmental 7.1 NEPA 8 7.2 Biological Evaluation 2 7.3 SEPA Checklist 2 7.4 Corridor-Wide Alignment Screening 2 8.0 Community and Agency Coordination 8.1 Utilities Coordination Meetings (1) 4 8.2 Attend one Community-wide Open House 4 8.3 Prepare Open House Exhibits and Attend one meeting 4 w/ Property Owners 9.0 Right of Way Calculations 9.1 Research Records 92 Determine & Order Title Reports 9.3 Calculations for ROW Centerline Alignment and ROW lines 9.4 Prepare and Submit ROW Plans to City I 2 9.5 Prepare Legal Descriptions and Exhibits (up to 5 parcels) 9.6 Calculate Required ROW and Prepare Rights of Entry (up to 5 par 9.7 Field Locates of Proposed and Existing ROW (up to 5 par 2 10.0 Right of Way Appraisals 10.1 Provide Full Narrative Appraisals and Reviews (up to 3 p 2 102 Project Funding Estimate 2 11.0 Right of Way Negotiations (by Abeyta) 11.1 Review Information from the City 11.2 Assemble Parcel Files 11.3 Secure Ownership Information 11.4 Provide Acquisition and Negotiation Services (up to 5 pa 8 11.5 Prepare (up to 5) Acquisition Documents/ Agreements 11.6 Coordination (Titles/ Signatures/ Monetary Liens etc.) 11.7 Submit Completed File to City for Payment ' 11.8 Overall Coordination and Status Reports 4 12.0 Final Design $ 48D0 Project Engineer 8 8 8 6 2 4 4 4 8 12 $ 35.00 Staff Engineer 6 6 4 4 4 4 12 8 8 $ 35.00 T� Support 8 6 8 4 8 12 $ 53.00 Survey Manager $ 35.00 Comp Tech $ 35.00 Survey CADD i $ 32.00 Field Tech 3 $ 26.00 Field Tech 2 $ 24.00 Survey Admin HOURS TOTAL 24.0 22.0 2.0 10.0 12.0 7.0 9.0 17.0 22.0 26.0 38.0 $ 28.00 '��. P!nject Admin 4 8 24 8 4 4 2 6 4 6 8 2 24 ;els) 2 2 10 � K�.'�STREETS\PROJECTS�SW312 St -141h Hve SW lo SR 509'��esign�Contract�Granl Funded\F�inal\INCA'�FEE_FW SW 3121h 5t_Ofi1511 FEDERAL 16.0 I 34.0 6.0 I, 8.0 I 10.0 8.0 20.0 4 8 12.0 2 2 4.0 16 16 16 48.0 16 42.0 12 16 30 2 60.0 2 16 18.0 2 4 8 8 24.0 4.0 4.0 18.0 6.0 TASK DSC TOTAL $ 1,004.00 $ 934.00 $ 130.00 $ 514.00 $ 558.00 $ 301.00 $ 397.00 $ 677.00 $ 882.00 $ 1,074.00 $ 1,518.00 $ - $ - $ 904.00 $ 1,562.00 $ 322.00 $ 378.00 $ - $ - $ 548.00 $ 452.00 $ 884.00 $ - $ - $ 492.00 $ 154.00 $ 1,968.00 $ 1,842.00 $ 2,294.00 $ 666.00 $ 840.00 S - $ - $ 226.00 $ 226.00 $ - $ - $ - $ - $ - $ 1,000.00 $ - $ - $ - $ 356.00 $ - $ - OH � 140.38 % $ 1,409.42 $ 1,311.15 $ 182.49 $ 721.55 $ 783.32 $ 422.54 $ 557.31 $ 950.37 $ 1,238.15 $ 1,507.68 $ 2,130.97 $ - $ - $ 1,269.04 $ 2,192.74 $ 452.02 $ 530.64 $ - $ - $ 769.28 $ 634.52 $ 1,240.96 $ - $ - I $ 690.67 $ 216.19 $ 2,762.68 $ 2,585.80 $ 3,220.32 $ 934.93 $ 1,179.19 $ - $ - $ 317.26 $ 31726 $ - $ - $ - $ - $ - $ 1,403.80 $ - $ - $ - $ 499.75 $ - $ - FEE Ld 30 % $ 301.20 $ 280.20 $ 39.00 $ 154.20 $ 167.40 $ 90.30 $ 119.10 $ 203.10 $ 264.60 $ 322.20 $ 455.40 g _ $ - $ 271.20 $ 468.60 $ 96.60 $ 113.40 $ - $ - $ 164.40 $ 135.60 $ 265.20 $ - $ - $ 147.60 $ 46.20 $ 590.40 $ 552.60 $ 688.20 $ 199.80 $ 252.00 $ - $ - $ 67.80 $ 67.80 $ - $ - $ - $ - $ - $ 300.00 j$ - $ - $ - $ 106.80 $ - $ - TOTAL $ 2,714.62 S 2,525.35 $ 351.49 $ 1,389.75 $ 1,508.72 $ 813.84 $ 1,073.41 $ 1,830.47 $ 2,384.75 $ 2,903.88 $ 4,104.37 S - $ - $ 2,444.24 $ 4,223.34 $ 870.62 $ 1,022.04 $ - $ - $ 1,481.68 $ 1,222.12 $ 2,390.16 $ - 5 - $ 1,330.27 $ 416.39 $ 5,321.08 $ 4,980.40 $ 6,202.52 $ 1,800.73 $ 2,271.19 5 - 3 - $ 611.06 $ 611.06 $ - $ - $ - S - $ - $ 2,703.80 S - S - $ - S 962.55 $ - b - INCA EXHIBIT E-1 CONSULTANT FEE SUMMARY City of Federal Way Lakota Middle School Safe Routes to School Project Tetra Tech INCA Fee Estimate (FEDERALLY FUNDED) S 57.00 S 6500 $ 48A0 3 35.00 $ 35.00 $ 2890 S 53.00 $ 35.00 $ 35.00 $ 32.00 $ 26.00 $ 24D0 Project Project Project StaH Tech. Project Survey Comp Survey Field Field Survey HOURS DSC OH � FEE � TOTAL MAJOR TASK DESCRIPTION QA/QC Mana er En ineer Engineer Support Admin Mana er Tech CADD Tech 3 Tech 2 Admin TOTAL TOTAL 140.38% 30% 12.1 Title/ Index and Vicinity Map 2 4 6.0 $ 236.00 $ 331.30 $ 70.80 S 638.10 12.2 Symbol SheeU Legend/ Notes 1 2 4 7.0 $ 301.00 $ 422.54 $ 90.30 S 813.84 12.3 Construction Staging Plans and Traffic Control Plans 1 12 4 6 23.0 $ 991.00 $ 1,391.17 $ 297.30 E 2,679.47 12.4 RoadwayTypicalSections 1 12 8 6 27.0 $ 1,131.00 $ 1,587.70 $ 339.30 E 3,058.00 12.5 Paving Details 1 4 4 6 15.0 $ 607.00 $ 852.11 $ 182.10 E 1,641.21 12.6 Schematic Map (Survey) 2 4 6 12.0 $ 446.00 $ 626.09 $ 133.80 5 1,205.89 12.7 Site Preparation, Erosion Control Plans and Details 1 12 6 8 27.0 $ 1,131.00 $ 1,587.70 $ 339.30 $ 3,058.00 12.8 Alignment, Paving and Grading Plans, Paving Details an 1 16 16 12 45.0 $ 1,813.00 $ 2,545.09 $ 543.90 $ 4,901.99 12.9 Roadway Profiles 1 4 8 12 25.0 $ 957.00 $ 1,343.44 $ 287.10 $ 2,587.54 12.10 Channelization 1 4 4 8 17.0 $ 677.00 $ 950.37 $ 203.10 $ 1,830.47 12.11 Signing Plans 1 8 4 8 21.0 $ 869.00 $ 1,219.90 $ 260.70 $ 2,349.60 12.12 Drainage Detail Sheets 12 20 32.0 $ 1,276.00 $ 1,79125 $ 382.80 � 3,450.05 12.13 Drainage Plan, Profles and Structure Notes 20 16 36.0 $ 1,520.00 $ 2,133.78 $ 456.00 E 4,109.78 12.14 FinalStormwaterTlR 1 8 6 15.0 $ 659.00 $ 925.10 $ 197.70 a 1,781.80 12.15 Landscape and Irrigation Plans (by Kiest) 2 2 4.0 $ 166.00 $ 233.03 $ 49.80 � 448.83 12.16 Roadway Illumination System Plans 2 6 4 12.0 $ 558.00 $ 783.32 $ 167.40 � 1,508.72 12.17 Prepare Signal Plans, Wiring Terminations, Signal Pole 4 72 32 108.0 $ 4,836.00 $ 6,788.78 $ 1,450.80 $ 13,075.58 12.18 Coordinate with Utilities 2 12 2 6 22.0 $ 986.00 $ 1,384.15 $ 295.80 $ 2,665.95 12.19 Retaining Wall Plans 2 12 8 22.0 $ 986.00 $ 1,384.15 $ 295.80 $ 2,665.95 12.20 Retaining Wall Profles 2 8 4 14.0 $ 654.00 $ 918.09 $ 196.20 S 1,768.29 12.21 Retaining Wall Details 8 4 12.0 $ 524.00 $ 735.59 $ 157.20 $ 1,416.79 12.22 SS%and 100°/ Estimates 6 16 8 30.0 $ 1,438.00 $ 2,018.66 $ 431.40 S 3,888.06 12.23 85% and 100% Specifications 4 60 4 68.0 $ 3,252.00 $ 4,565.16 $ 975.60 5 8,792.76 $ - $ - S - S - 13.0 Plan Production S - $ - $ - S - 13.1 Assemble and Submit 85% and 100 % Plans and Specif 2 8 8 4 22.0 $ 906.00 $ 1,271.84 $ 271.80 5 2,449.64 13.2 Assemble 50 Plans (1/2 Sz), 50 Specs and 6 Full Size fo 2 4 10 4 20.0 $ 784.00 $ 1,100.58 $ 235.20 � 2,119.78 $ - s - s - a - 14.0 Assistance During Bidding $ - $ - $ - $ - 14.1 Respond to Bidders Questions 4 16 12 2 34.0 $ 1,504.00 $ 2,111.32 $ 45120 $ 4,066.52 14.2 Prepare Addenda (3) and Respond to Bidders 4 12 8 8 2 34.0 $ 1,452.00 $ 2,038.32 $ 435.60 a 3,925.92 TOTAL 32 191 576 172 298 28 44 53 94.4 50 44 4 1586.4 $ 69,452.00 $ 97,496.76 $ 20,835.60 S 187,784.36 K�,sraeers:aao�ecTSSw3iz si.ian n�e sw m sR sw:��� F��aes.F��anwen,reE Fw_sw 3�rn s� os�s� � Feoean� TASK (NCA EXHIBIT E-1 CONSULTANT FEE SUMMARY Project: City of Federal Way Lakota Middle School Safe Routes to School Project Tetra Tech INCA Fee Estimate FEDERALLYFUNDED) DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project QA/QC Manager 32 57.00 $1,824.00 2. Project ManagedSr. Supervising Engineer 191 65.00 $12,415.00 3. Project Engineer/Senior Engineer 576 48.00 $27,648.00 4. Staff Engineer 172 35.00 $6,020.00 5. CADD / Technical Support 298 35.00 $10,430.00 6. Project Administrator 28 28.00 $784.00 7. Survey Manager 44 53.00 $2,332.00 8. Computations Technician 53 35.00 $1,855.00 9. Survey CADD 94.4 35.00 $3,304.00 10. Field Tech 3 50 32.00 $1,600.00 11. Field Tech 2 44 26.00 $1,144.00 12. Survey Admin 4 24.00 $96.00 SUBTOTAL - DSC 1586.4 $69,452.00 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 140.38% X$69,452.00 $97,496.72 FIXED FEE (FF): FF Rate = 30% X ( $69,452.00 ) $20,835.60 REIMBURSABLES: Mileage ( 200 Miles X 0.51/mile ) $102.00 Survey Mileage ( 560 Miles X 0.51/mile ) $285.60 Reprographics $800.00 Aerial $800.00 Courier $250.00 $2,237.60 SUBTOTAL $190,021.92 SUBCONSULTANTS Landau Associates $28,970.47 $ 28,970.47 Abeyta and Associates $50,574.03 $ 50,574.03 Karen Kiest Landscape Architects $7,813.00 $ 7,813.00 GRAND TOTAL - ESTIMATED FEE $277,379.42 Prepared By: Date: Checked By: Date: (File,New,FeeProposa12006) TT INCA FEE INCA EXHIBIT E-1 CONSULTANT FEE SUMMARY City of Federal Way Lakota Middle School Safe Routes to School Project Abeyta 8� Associates Fee Estimate IFEDERALLYFUNDED) MAJOR TASK DESCRIPTION 10.0 Right of Way Appraisals 10.1 Provide Full Narrative Appraisals and Reviews (up to 3 parcels) 10.2 Project Funding Estimate 11.0 Right of Way Negotiations 11.1 Review Information from the City 11.2 Assemble Parcel Files 11.3 Secure Ownership Information 11.4 Provide Acquisition and Negotiation Services (up to 5 parcels) 11.5 Prepare (up to 5) Acquisition Documents/ Agreements 11.6 Coordination (Titles/ Signatures/ Monetary Liens etc.) 11.7 Submit Completed File to City for Payment 11.8 Overall Coordination and Status Reports '" ' HOURS TOTAL 5 2 7 30 20 50 21 21 30 2 32 95 27 43 20 35 100 30 45 25 35 345 K:\STREETS�PROJECTStiSW312 St-141h Ave SW to SR 509�Design\COnirecl\Grent Funded�Final\INCAU�EE?Rw_SW 31Bh St_061511 FEDERAL INCA EXHIBIT E-1 CONSULTANT FEE SUMMARY Project: City of Federal Way Lakota Middle School Safe Routes to School Project Abeyta � Associates Fee Estimate (FEDERALLY FUNDED) DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Rosa Villa 306 100.00 $30,600.00 2. Michael Abeyta 39 80.00 $3,120.00 SUBTOTAL - DSC 345 $33,720.00 REIMBURSABLES: Mileage ( 2753 Miles X 0.51/mile ) $1,404.03 Appraisal Fee (3 @ $3,900 each) $11,700.00 Appraisal Review Fee (3 @ $1,000 each) $3,000.00 Postage/Courier Fees $750.00 $16, 854.03 SUBTOTAL $50,574.03 GRAND TOTAL - ESTIMATED FEE $50,574.03 Prepared By: ROSA VILLA Date: Checked By: Date: (File,New,FeeProposa12006) Abeyta FEE INCA EXHIBIT E-1 CONSULTANT FEE SUMMARY City of Federal Way Lakota Middle School Safe Routes to School Project Landau Associates Fee Estimate FEDERALLYFUNDED EJH TLS TMT BAB JCS KMH HJA JRC DLD HOURS MAJOR TASK DESCRIPTION � z 3 a s s � a TOTAL 5.0 Geotechnical Report 5.1 Geotechnical Exploration Plan 1 1 2 1 1 6 52 Field Explorations 5.2.1 Borings 1 2 6 9 5.2.2 Test 1 1 8 1U 5.2.31nfiltration testing 1 12 13 5.2.4 Mark Utility Locations 1 2 3 5.2.5 Getechnical Laboratory Testing 1 1 2 5.3 Geotechnical Engineering Analyses 2 12 14 5.4 Geotechnical Report 4 16 2 2 6 2 32 7.0 Environmental 7.1 NEPA 4 18 22 7.2 Biological Evaluation 10 12 22 7.3 SEPA Checklist 4 16 20 7.4 CoRidor-Wide Alignment Screening 2 6 2 32 2 6 2 52 TOTAL 12 6 20 34 78 33 5 13 4 205 K:�STREETS�PROJECTSGSW312 Sl -14M Ave SW lo SR 509�Oesign\COnirect�G(ant Fur�Cetl\Flnal\INCA�FEE_FW_SW 312t� St_W 1511 FHPRAN� INCA EXHIBIT E-1 CONSULTANT FEE SUMMARY Project: City of Federal Way Lakota Middle School Safe Routes to School Project Landau Associates Fee Estimate (FEDERALLYFUNDED) DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Edward Heavey (EJH) - Principal Geotechnical Engine 12 $52.84 $634.08 2. Tim Syverson (TLS) - Senior Associate 6 $47.84 $287.04 3. Theresa Turpin (TMT) - Associate Environmental Plani 20 $40.87 $817.40 4. Brian Bennetts (BAB) - Senior Geotechnical Engineer 34 $32.07 $1,090.38 5. Jessica Stone (JCS) - Project Scientist 78 $26.68 $2,081.04 6. Kristin Hooper (KMH) - Staff Geologist 33 $20.82 $687.06 7. Heather Antoncich (HJA) - ACAD 5 $22.92 $114.60 8. Juliann Cooley (JRC) - Project Coordinator 13 $18.00 $234.00 9. Dennis Dodson (DLD)- Project Coordinator 4 $22.52 $90.08 SUBTOTAL-DSC 205 $6, 035.68 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 195.87% X$6,035.68 FIXED FEE (FF): FF Rate = 30% X ( $6,035.68 ) $11, 822.09 $1,810.70 REIMBURSABLES: Mileage ( 200 Miles X 0.51/mile ) Reprographics EDR Report Aeiral Photographs (5) Field Equipment Drilling Subcontractor Backhoe Subcontractor Traffic Control Services Geotechnical Laboratory Testing SUBTOTAL GRAND TOTAL - ESTIMATED FEE Prepared By: Checked By: $102.00 $500.00 $300.00 $500.00 $100.00 $3,100.00 $1,200.00 $500.00 $3, 000.00 Date: Date: $9,302.00 $28, 970.47 $28,970.47 (File, New, Fee Proposal 2006) Landau Fee INCA EXHIBIT E-1 CONSULTANT FEE SUMMARY City of Federal Way Lakota Middle School Safe Routes to School Project Karen Kiest Landscape Architects Fee Estimate (FEDERALLY FUNDEDI MAJOR TASK DESCRIPTION 1.0 Project Management 1.1 Project Management Administrative Services 1.2 Overall Project Management 1.3 Coordination with City Staff 2.0 Quality Control/ Quality Assurance 2.1 Field Review Base Maps 2.2 Geotechnical Investigation Plan (Sr. Review) 2.3 30% PSBE / Design Report Review 2.4 Right of Way Plans (Sr. Review) 2.5 85°/a PS&E (Sr. Review) 2.6 100% PS&E (Sr. Review) 6.0 Design Report 6.1 Compile and Review Data 6.2 Evaluate PropeRy Access Alternatives 6.3 Develop Cross Sections Alternatives Analysis 6.4 Develop Plant Pallet 6.5 Document Existing Stormwater Facilities 6.6 Prepare TS&L Analysis for Stormwater/ Detention Facilities 6.7 Prepare Draft Technical Information Report 6.8 Coordination w/ Pierce Transit 6.9 Prepare Preliminary Construction Staging Concepts 6.10 Coordinate w/ Utilities & develop Preliminary Relocation Plan 6.11 Analyze Pavement Design Requirements 6.12 Analyze Illumination 6.13 Develop Retaining Wall Cross Sections Alternatives 6.14 Estimate Preliminary Quantities/ Probable Cost for Construction 6.15 Prepare Analysis of Preliminary ROW Requirements 6.16 Compile and Prepare Draft and Final Design Report 12.0 Final Design 12.15 Landscape and Irrigation Plans 12.22 85°/a and 100% Estimates 12.23 85% and 100% Specifications 13.0 Plan Production 13.1 Assemble and Submit 85% and 100% Plans and Specifications 13.2 Assemble 65 Plans (1/2 Sz), 65 Specs and 20 Full Size for Bidding 14.0 Assistance During Bidding 14.1 Respond to Bidders Questions 14.2 Prepare Addenda (3) and Respond to Bidders HOURS TOTAL 3 II 7 76 86 K'.\STREETS\PROJECTS\SW312 St -14th Ave SW to SR 509\Design\ContreM\Grant Funded\Final\INCA\FEE_FW_SW�Bt_081511 FEDERAL INCA EXHIBIT E-1 CONSULTANT FEE SUMMARY Project: City of Federal Way Lakota Middle School Safe Routes to School Project Karen Kiest Landscape Architects Fee Estimate (FEDERALLY FUNDED) DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Principal 20 110.00 $2,200.00 2. Senior Designer 36 85.00 $3,060.00 3. Junior Designer 30 75.00 $2,250.00 SUBTOTAL - DSC 86 $7,510.00 REIMBURSABLES: Mileage ( 300 Miles X 0.51/mile ) $153.00 Reprographics $150.00 Computer Time $0.00 $303.00 SUBTOTAL $7,813.00 GRAND TOTAL - ESTIMATED FEE $7,813.00 Prepared By: Checked By: Date: Date: (File, New, Fee Proposa12006) KKLA FEE I NCA EXHIBIT F � � Washingtan State Department ot Transportation Paula J. Hammond, P.E. Secretary of Transportation December 23, 2010 Ms. Tina Frank, Controiler INCA Engineers, Inc. 400 112�' Avenue NE, Suite 400 Bellevue, WA 980�4-5540 Re: INCA Engineers, Inc. Overhead Schedule Fiscal Year End September 30, 2009 Dear Ms. Frank: Transportation Building 31 Q r;M1;;phe Park Avenue S E. �' i�. F3ox 4730D O!ympia. WA 98504-7300 350-705-?000 TTY ^-SGD-833-6388 �snnv.wsdnt.wa.gov On December 23, 2010, as a WSDOT representative, Nicole Mitchell, Audit Specialist, completed a desk review of your proposecf FYE September 30, 2009, Overhead Schedule. Nicole also reviewed the documentation provided by INCA during this review process. The reviewed data included, but was not limited to the schedule of the indirect cost rate, a description of the company, basis of accounting and description of INCA's accounting system, and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing INCA's overhead rate for FYE September 30, 2009, at 140.38% (rate inctudes Facilities Cost of Capital) of direct labor. Costs billed to actuaf agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviswed rate wiil be applicable to your WSDOT agreement (s). If you, ar any representative of INCA have any questions, please contact Martha Raach, Jeri Sivertson or Steve McKemey at (360) 705-7003. Sincerely, Martha S. Roach Agreernent Compliance Audit Manager MR:ds Enclosures cc: Steve McKemey, Director of Internal Audit Jeri Sivertson, Assistant Director of lnternal Audit Kyle McKeon, MS 47329 Larry Schofield, MS 47323 Meg Blau, NB 82/912 File EXHIBIT F INCA Engineers, Tnc. Overhead Schedule For the Year Ended September 30, 2009 Financial Statement Accepted Description Amount INCA Adj. �'�'SDOT Adj. Ref. Amount a/ Disect Labor Fringe Benefits: Payroll Taxes Holiday TWOP Sick Leave Group Benefits Total Fringe Benefits General Overhead: Bonus Marketing Salaries Admin. 5alaries Pensian Plan Conttibution Recruiting Temp Office Labor Office Administration Postage Bank Charges Book , Publications, Dues, Subscriptions Seminars and Training Bus Passes Express Mai( Meetings and Conferences Company Vans Auto Mileage and Parking Travel Expenses Printing Office & Computer Supplies Telephone Licenses Equipment Rental Maintenancehepairs Insurance Professional Services Rent �epreciation Business Taaces Corporate Allocations Tota! General Over6ead Total Overhead Costs Uverhead Rate (Less FCC) $6,022,311 {$4],910) $821,449 $195,260 $638,662 $232,579 $505,175 $2,393,125 $0 $0 �1,096,133 ($479,892) $2,535,499 ($1,267) $230,573 $27,978 $ l 2,393 $97,723 ($9,847) ($2,455) $3,719 $3,08i $36,7b1 ($1,260) $26, i SQ $16,423 $10,762 $76,845 ($15,000) $40,096 $37,801 ($25,225) $84,432 $7,799 $216,893 $134,040 $9,425 $8,473 $96,281 $70,989 $9,456 {$1,500) $668,042 $152,688 $216,852 $576,873 $6,024,288 ($27,607) ($28,946) $8,417,412 ($27,607) ($28,946) 139.77% 140.24% A $5,980,401 $821,449 $ ( 95,260 $b38,662 $232,579 $505,175 $2,393,125 H B,I C E G F $1,096,133 ($479,892) $2,534,232 $230,573 $27,978 $12,393 $ 85,421 $3,719 $3,081 $35,501 $26,150 $16,423 $10,762 $61,845 $40,09b $12,576 $84,432 $7,799 $216,893 $134,040 $9,425 $8,473 $9b,281 $7Q,989 $7,956 $668,042 $152,688 $216,852 $576,873 $5,967,734 100.00% 13.74% 3.26% ] 0.68% 3.89% 8.45% 40.02% 18.33% -8.02% 42.38% 3.86% 0.47% 0.21 % t .43% 0.06% 0.05% 0.59% 0.44% 0.27% 0.18% 1.03% 0.67% 0.21% 1.41% 0. i 3°/a 3.63% 2.24% 0.16% 0.14% 1.61% 1.19% 0.13% 11.17% 2.55% 3.63°/a 9.65% 99.79% $8,360�859 139.80% 139.80% Page 1 EXHIBIT F INCA Engineers, Inc. Overhead Schedule For the Year Ended September 30, 2009 Ffnaacia! Statement Accepted Description Amount INCA Adj. WSDOT Adj. Ref. Amount �/ Facilities Cost of Capital 0.00°/a $34,478 D $34,478 0.58% $8,395,337 Overhead Rate (Includes FCC) INCA Engtneers, Inc.- Reviewed & Accepted on 12/23/2010 NM "Overhead Rnte stil! subject to WSDOT Audit" 140.38% References INCA Adjustments: INC.4 Engineers 2009 Overhead compiled in house by 7'ina Frank. A Overtime Premium unallowable per 48 CFR 22.103-1(2), 22.103-4(g) and WSDOT O/H Policy. B Advertising unallowable per 48 CFR 31.205-1 & AASHTO Audit Guide, Ch. 8. C Memberships in civic ciubs and cornmunity organizations unallowable per48 CFR 31.205-t(fl(7), 31205-14 & AASHTO Audit Guide, Ch. 8. D Facililties Cost of Capital per 48 CFR 15.404( c)(3). E Loca1 Meals unallowabie per 48 CFR 31.205-14, WSDOT Audit Guide for Consultants, Ch. 6, & WSDOT Accounting Manual, M 13-82 Ch, 10 section 3.6, Meals. F Federal Income Tax Prep Fees in excess of $250 unatlowable per 48 CFR 31.205-41(b)(1 }, 31.201-6(a) & WSDOT Policy. WSDOT Adjustments: G Auto Allowances for 6 employees in the amount of $25,225 unallowable per 3 I.201-4. Undocumented expe�ts� H Severance for one employee in the amount of $1,266.65, accidently paid in excess of what is allowable by policy unallowable per 48 CFR 3 �.2Q5-6(gj. I Office plant service in the amount of $2,454.84 unallowable per 48 CFR 31.205-14. Page 2 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: 11Pr��PCt1�a.ilRgement Administrative �ervi��s (K� KT,A� �.� �(1% P,S�.esi�n RP�flrt RPVi�w (KK� �_5 $5% PSc4rE (Sr Re��ew�,_(I�KT,�I _— — - --- 2 6 l OQ% P�XrR (�r_ Review�(KKT,A,�_---.-- --- 4Q Ge(1teChnical RP=�rt (Tanclan A�cnciatP�l _ fi.4_Devel�n Pl�nt Pa11et�KKLAI--- — --- - 7_Q F,nvir�nmental �l,a.udau As�ocia�s., l _ — 1� (1 Ri¢ht nf Wav Arrraisals (Ahe}ta c4L Associatesl— _ _ 1 1_n Riu nf V� �e.��_a Xr Accnciate�l 12_15 landsca}2e anc� Trri�ati�ans (KKT,A� —__ — 12 �? R5�/ 1 �(1%Ectim�c �KKT Al _.__ ��'� R5%, anc� 100% STecifications � KK T.AI __ _— — 1�_ 1 A��emlze and Sii mit R5% and 1(1�% Plans and�e�lfiC ta i�n� (TZ1�CT.A1� 14 1 Re�ron�i to Biciciers�i�estions�KKLA)—_ - - 14_� PrPnare Aciclencla (�1 ancl R�sronrl to Biciclers (KK— T•A1 _—_ — DOT Form 140-089 EF Exhibit G Revised 6/OS EXHIBIT G-1 Subconsultant Fee Determination Project: City of Federal Way Lakota Middle School Safe Routes to School Project Abeyta 8� Associates Fee Estimate (FEDERALLY FUNDED) DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Rosa Villa 306 100.00 $30,600.00 2. Michael Abeyta 39 80.00 $3,120.00 SUBTOTAL - DSC 345 $33,720.00 REIMBURSABLES: Mileage ( 2753 Miles X 0.51/mile ) $1,404.03 Appraisal Fee (3 @ $3,900 each) $11,700.00 Appraisal Review Fee (3 @ $1,000 each) $3,000.00 Postage/Courier Fees $750.00 $16,854.03 SUBTOTAL $50,574.03 GRAND TOTAL - ESTIMATED FEE $50,574.03 Prepared By: ROSA VILLA Date: Checked By: Sandy Date: EXHIBIT G-1 Subconsultant Fee Determination Project: City of Federal Way Lakota Middle School Safe Routes to School Project Landau Associates Fee Estimate (FEDERALLYFUNDED) DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Edward Heavey (EJH) - Principal Geotechnical Engine 12 $52.84 $634.08 2. Tim Syverson (TLS) - Senior Associate 6 $47.84 $287.04 3. Theresa Turpin (TMT) - Associate Environmental Plani 20 $40.87 $817.40 4. Brian Bennetts (BAB) - Senior Geotechnical Engineer 34 $32.07 $1,090.38 5. Jessica Stone (JCS) - Project Scientist 78 $26.68 $2,081.04 6. Kristin Hooper (KMH) - Staff Geologist 33 $20.82 $687.06 7. Heather Antoncich (HJA) - ACAD 5 $22.92 $114.60 8. Juliann Cooley (JRC) - Project Coordinator 13 $18.00 $234.00 9. Dennis Dodson (DLD)- Project Coordinator 4 $22.52 $90.08 SUBTOTAL-DSC 205 $6, 035.68 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 195.87% X$6,035.68 FIXED FEE (FF): FF Rate = 30% X ( $6,035.68 ) $11,822.09 $1,810.70 REIMBURSABLES: Mileage ( 200 Miles X 0.51/mile ) Reprographics EDR Report Aeiral Photographs (5) Field Equipment Drilling Subcontractor Backhoe Subcontractor Traffic Control Services Geotechnical Laboratory Testing SUBTOTAL GRAND TOTAL - ESTIMATED FEE Prepared By: $102.00 $500.00 $300.00 $500.00 $100.00 $3,100.00 $1, 200.00 $500.00 $3,000.00 Date: $9, 302.00 $28, 970.47 $28, 970.47 Checked By: Date: EXHIBIT G-1 Subconsultant Fee Determination Project: City of Federal Way Lakota Middle School Safe Routes to School Project Karen Kiest Landscape Architects Fee Estimate (FEDERALLY FUNDED) DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Principal 20 110.00 $2,200.00 2. Senior Designer 36 85.00 $3,060.00 3. Junior Designer 30 75.00 $2,250.00 SUBTOTAL - DSC 86 $7,510.00 REIMBURSABLES: Mileage ( 300 Miles X 0.51/mile ) $153.00 Reprographics $150.00 Computer Time $0.00 $303.00 SUBTOTAL $7,813.00 GRAND TOTAL - ESTIMATED FEE $7,813.00 Prepared By: Date: Checked By: Date: Exhibit G-2 Subconsultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Subconsultant ��!� �� �.�� �� ,� 55 G' C j ,� r t' % Hourly Overhead Profit Rate Discipline or Job Title Rate @ % @ % Per Hour Rosa Villa 100.00 100.00 Michael Abeyta 80.00 80.00 � — i I � i i �� i , i - i - . �� �— I DOT 140-089 EF Exhibit E-2 8/07 Exhibit G-2 Subconsultant Fee Determination - Summary Sheet Fee Schedule Subconsultant: Landau Associates Hourly Overhead Profit @ Rate Per Discipline Rate @ 195.87% 30% Hour Edward Heavey (EJH) - Principal Geotechnical Engineer $52.84 $103.50 $15.85 $172.19 Theresa Turpin (TMT) - Associate Environmental Planner $40.87 $80.05 $12.26 $133.18 Brian Bennetts (BAB) - Senior Geotechnical Engineer $32.07 $62.82 $9.62 $104.51 Jessica Stone (JCS) - Project Scientist $26.68 $52.26 $8.00 $86.94 Kristin Hooper (KMH) - Staff Geologist $20.82 $40.78 $6.25 $67.85 Heather Antoncich (HJA) - ACAD $22.92 $44.89 $6.88 $74.69 Juliann Cooley (JRC) - Project Coordinator $18.00 $35.26 $5.40 $58.66 Dennis Dodson (DLD)- Project Coordinator $22.52 $44.11 $6.76 $73.39 Exhibit G-2 Subconsultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Subconsuitant � ` �✓ � � � Hourly Overhead Profit Rate Discipline or Job Title Rate @ % @ % Per Hour Principal 110.00 110.00 Senior Designer 85.00 85.00 Junior Designer 75.00 75.00 Technical Support 65.00 65.00 Administrative 65.00 65.00 i � i I � i l I , I � � , � --- i _ � I DOT 140-089 EF Exhibit E-2 8/07 Exhibit G-3 Breakdown of Subconsultants Overhead Gost Account Title �� ��>y��. �� ,} j��- K�°��� � $ Beginning Total % of Direct Labor Direct Labor All inclusive Lab r Rates (Small Firm) Overhead Expenses: FICA Unemployment Health/Accident Insurance Medical Aid & Industrial Insurance HolidayNacation/Sick Leave Commission/Bonus/Pension Total Fringe Benefits General Overhead: State B&O Taxes Insurance Administration & Time Not Assignable Printing, Stationery & Supplies Professional Services Travel Not Assignable Telephone & Telegraph Not Assignable Fees, Dues & Professional Meetings Utilities & Maintenance Professional Development Rent Equipment Support Office, Miscellaneous & Postage Total General Overhead Total Overhead (General + Fringe) Overhead Rate (Total Overhead / Direct Labor} DOT Form 140-089 EF Exhibit G-2 Revised 8/07 3/31 /2009 Mr. Dennis Hobbs Landau Associates, Inc. 130 2" Avenue South Edmonds, WA 98020-3512 Re: Landau Associates, Inc. Overhead Scheciule FYE June 30, 2008 Dear Mr. Hobbs: On March 31, 2008 as a WSDOT representative, Nicole Mitchell reviewed your proposed 2008 Overhead Schedule. Nicole also completed an analytical review of the schedule by comparing it to data that WSDOT had collected in our permanent files. Landau provided a copy of the In-House compited overhead, reviewed financials from Finney, Neill & Company, P.S. and FYE 2008 Income Statement. The reviewed data included, but was not limited to, the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Landau's accounting system, basis of indirect costs, in addition to a review of the firm's internal control structure. Based on our review, we are issuing this letter of concurrence establishing Landau's overhead rate for 2008, at 195.87% of direct labor. Costs billed to actual agreements will stilt be subject to audit of actual costs. If you or any representative of Landau have any questions, please contact Martha Roach at (360)705-7006. Sincerely, Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney Marilyn Bowman, MS 47323 File Rick Griffith, MS 47323 Landau Associates, Inc. Overhead Schedule Fiscal Year June 30, 2008 Financial Statement WSDOT Accepted Description Amount Landau Adj. Adj. Ref. Amount % Direct Labor Base Fringe Benefits Overhead Labor Vacation/Sick Leave/Holiday Payroll Taxes Medical Insurance Non-Discretionary Distributions Discretionary Distributions ESOP Contribution Total Fringe Benefits General Overhead Field/Laboratory Temporary Help Health & Safety Mileage & Vehicle , Travel & Lodging Office Supplies/Equipment ' Computer Supplies/Maint. Postage Telecommunications Tax & License Professional License & Dues Building Expense Ynsurance Depreciation Imputed Cost of Money Technical References Recruiting Education Cost Personnel Relations Professional Services $3,280,560 ($10,375) $2,328,071 ($4,455) ($100,764) $667,677 $568,570 $378,75'7 $145,156 ($26,919) ($27,195) $505,585 ($143,999) $125,440 $4,719,256 ($31,374) ($271,958) $74,277 $3,143 $16,557 $75,094 $82,428 $191,215 $69,08'7 $20,778 $108,646 $226,419 $36,762 $654,357 $108,42I $239,040 $35,491 $10,937 $18,811 $120,883 $52,724 $128,108 ($74,277} ($70,884) ($18,028) ($3,457) ($32,507) ($540) ($4,043) ($1,325) ($$2,452) ($2,538) ($1,378) ($20,212) ($29,602) �$i,ii3) �$sz,4ia� A $3,270,185 100.00% A,b B,V U C $2,222,852 $667,677 $568,570 $378,757 $91,042 $361,586 $125,440 $4,415,924 $0 $3,143 $16,557 $4,210 $60,943 $158,708 $69,087 $20,778 $108,646 $225,879 $31,394 $654,357 $108,421 $156,588 $35,491 $10,93? $16,273 $119,505 $2,910 $74,583 67.97% 20.42% 1739% 11.58% 2.78% 11.06°/u 3.84% 13 5.04% 0.00% 0.00% 0.00% 0.10% 0.51% 0.13% 1.86% 4.85% 2.11% 0.64% 3.32% 6.91 % 0.96% 20.01 % 3.32% 4.79% 1.09% 033% 0.50% 3.65% 0.09% 2.28% C E,T C R F,S Ce� E Q,T H,I,J,Y K,W,X ' Marketing Expenses $206,011 ($33,004) ($61,937) L,M,N,T,Y,Z,a $111,070 3.40% Service Charges & Interest $50,615 ($50,615) O,P $0 0.00% Donations $21,742 ($21,742) M $0 0.00% Prior Year Expense ($641) $641 D $0 0.00% Total General Overhead $2,550,905 ($410,774) ($694,56b) $1,989,481 60.84% Total Fringe and General Overhead $7,270,161 ($442,148) ($966,524) $6,405,405 195.87% Overhead Rate 221.61 % Page 2 195.87% Landau Associates, Inc. Overhead Scheduie Fiscal Year June 30, 2008 Financial Statement WSDOT Accepted Description Amount Landau Adj. A dj. Ref. Amount % Landau Associates, Inc. - Reviewed & Accepted on 3/31/1009 NM "Overhead Rate still subject to WSDOT Audit" References Landau Adjustments: Landau Associates, Inc. Overhead prepared by Dennis R. Hobbs, CPA. Landau's FYE 2008 financials were reviewed by Finney, Neill & Company, P.S. A Overtime Premium unallowable per 48 CFR 22.103-1, 22.103-4(g) & WSDOT O/H Policy. B Signing and Moving Bonuses in excess of $1,000 per person unallowable per 48 CFR 31.205-6(fl & WSDOT Bonus Policy. C Direct Project Expenses unallowable per 48 CFR 31.202(a). D Prior Year Expense unallowable per 48 CFR 31.201-2( c). E Local Meals unallowabie per 48 CFR 31.205-14 & WSDOT Accounting Manual M13-82, Ch. 10 Travel - Local Meals. F Lobbying unallowable per 48 CFR 3 l.205-22. G Depreciation on Lab and Field Equipment unallowable per 48 CFR 3I.201-6. Directly Associated Cost. H Mariners tickets unallowable per 4$ CFR 31.205-14. I Alcohol unallowable per 48 CFR 31.205-51. J Christmas party expenses in excess of $25 per employee totaling $16,698.77 unallowable per 48 CFR 31.205-14 & WSDOT Policy. K Federal Income Tax Prep Fees in excess of $250 unallowable per 48 CFR 31.205-41(b)(1), 31.201-6(a) & WSDOT Policy. L Marketing/Advertising unallowable per 48 CFR 31.205-1. M Contributions unallowable per 48 CFR 31.205-8. N Entertainment unallowable per 48 CFR 31.205-14. O interest unallowable per 48 CFR 31.205-20. P Service Charges unallowable per 48 CFR 31.205-I S(a). WSDOT Adjustments: Q Alcohol unallowable per 48 CFR 31.205-51. R Oregon State Income Taxes unallowable per 48 CFR 31.205-41(b)(1). S Gym membership for 1 ee, related to marketing unallowable per 48 CFR 31.205-1(� & AASHTO Audit Guide, Pg. 5-1 and 5-9. T Excess Lodging and Per Diem unallowable per 48 CFR 31.205-14, 31.205-46 & WSDOT Accounting Manual M13-82, Ch. 10 Travel. Landau did not track their unallowable per diem and lodgintg rates. U Holiday and Stock Purchase Bonuses unallowable per 48 CFR 31.205-6( fl& WSDOT O/H Policy. V Health Plan Opt Out Bonuses, Employee Referral Bonuses, Signing Bonuses and Moving Bonuses unallowable per 48 CFR 31.205-6(fl & WSDOT 0/H Policy. W Valuation costs totaling $17,411.63 unallowable per 48 CFR 31.205-27(a) & AASHTO Audit Guide, Pg. 5-8. Organizational Costs. X Outside Board Member salary totaling $35,000.00 unallowable per 48 CFR 31.201-4. Y Entertainment unallowable per 48 CFR 31.205-14. Z Contributions unallowable per 48 CFR 31.205-8. a Promotional Materials totaling $32,566.94 unallowable per 48 CFR 31.205-1 & AASHTO Audit Guide, Pg. 5-1 and 5-9. b Marketing labor unallowable per 48 CFR 3].205-1(fl & AASHTO Audit Guide, Pg. 5-1 and 5-9. For this review, we removed an estimated 30% for marketing labor. Page 3 Exhibit G-3 Breakdown of Subconsultants Overhead Cost Account Titie bi dt L $ Beginning Total % of Direct Labor Direct Labor All inclusive Lab r Rates (Small Firm) Overhead Expenses: FICA Unemployment Health/Accident Insurance Medical Aid & Industrial Insurance HolidayNacation/Sick Leave Commission/Bonus/Pension Total Fringe Benefits General Overhead: State B&O Taxes Insurance Administration & Time Not Assignable Printing, Stationery & Supplies Professional Services Travel Not Assignable Telephone & Telegraph Not Assignable Fees, Dues & Professional Meetings Utilities & Maintenance Professional Development Rent Equipment Support Office, Miscellaneous & Postage Tatal General Overhead Total Overhead (General + Fringe) Overhead Rate (Total Overhead / Direct Labor) DOT Form 140-089 EF Exhibit G-2 Revised 8(07 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT' S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non-compliance: In the event of the CONSULTANT' S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEMENT, in whole ar in part DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorparation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of 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. DOT Form 140-089 EF Exhibit I Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this e�ibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2- Project Manager pocuments the Alleged Consultant Design Enor(s) After discussion of the alleged design errar(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3— Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4— Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. � It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region DOT Form 140-089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual ageement with the consultant, proceed to Step 5. Step 5— Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This e�chibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2— Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step l, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, ar create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding.the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3— Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4— Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Warks or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5— Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6— Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/ar new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M-1(a) Certification Of Consultant Proj ect No. I hereby certify that I am representative of the firm of . , .,_. , . �.. . . . . ,., Local Agency S C�� L.� I ��(�m S, V I C`Q _��f �(�{�} and duly authorized INCA Ensineers Inc. dba Tetra Tech INCA whose address is 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 the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; ar (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 this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. �,' ��� �' r�'/�.>' �-✓ /'/ �' ���� ,' �G'l�l.��'GtZt ate � � Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Federal Way , Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, ar agree to pay, to any firm, person, ar organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. CITY OF FEDERAL WAY ti Z-� f � D e Skip Priest Mayor 33325 8�' Avenue S Federal Way, WA 98003-6325 DOT Farm 140-089 EF Exhibit M-1(b) Revised 6/05 Exhibit M-2 I. Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that 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 (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, ar local) terminated for cause or default. II. 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): INCA Engineers Inc. dba Tetra Tech INCA �����/� � (Date) ,. _.. �,� � _ __..� .�L't'd� ,✓".. . �i.'l,Uy� . r ,.��"(Signature) President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6/05 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): INCA Engineers Inc. dba Tetra Tech INCA � �� � � � (Dat ) ,�� _ � -:,.-- President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-3 Revised 6/OS Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer ar to the contracting officer's representative in support of Lakota Middle School Safe Routes to School * are accurate, complete, and current as of **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm INCA Engineers Inc. dba Tetra�ec �; __ _ Name =r'��.ti Tltle � ��_ ! r'°�✓e !"i-t''G':�� DateofExecution*** ���� ���f * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/OS