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AG 13-062RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: JOHN MULKEY EXT: 2722 3. DATE REQ. BY:ASAPI 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) Cl ORDINANCE ❑ RESOLUTION CONTRACT AMENDMENT (AG #):13 -062 ❑ INTERLOCAL ❑ OTHER SUPPLEMENT No. 4 5. PROJECT NAME: LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL- CONSTRUCTION MANAGEMENT 6. NAME OF CONTRACTOR: TETRA TECH INC. ADDRESS: 400 112TH AVE NE, SUITE 400, BELLEVUE, WA 98004 TELEPHONE:425 -635 -5000 E -MAIL: FAX: SIGNATURE NAME: STEVE OLLING, PE TITLE: SENIOR PROJECT MANAGER 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 #12- 103077 - 000 -00 BL, EXP. 12/31/2014 UBI # 601077148 , EXP. 3/31/2014 8. TERM: COMMENCEMENT DATE: MARCH 27, 2013 COMPLETION DATE: (CHANGE TO)JUNE 30, 2014 9. TOTAL COMPENSATION: $255,530.51 (UNCHANGED) (INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $31,216 (UNCHANGED) IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE To: 306 - 4400 - 183 - 595 -30 -650 10. DOCUMENT/ CONTRACT REVIEW F PROJECT MANAGER DIVISION MANAGER I DEPUTY DIRECTOR y DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) )4 LAW DEPT I i::; 12. CONTRACT SIGNATURE ROUTING INITIAL / /D�� ATE REVIEWED \!i I r n % 7 P1 /ll COMMITTEE APPROVAL DATE: • SENT TO VENDOR/CONTRACTOR DATE SENT: c) P's IklF • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATE SIGNED .�' LAW DEPT (5/ ,� 13 l S 3 I E� SIGNATORY R DIRECTOR ❑ CITY CLERK / cm [ASSIGNED AG # AG# I 2 YSIGNED COPY RETURNED DATE SENT: U' ' EpIZETURN ONE ORIGINAL COMMENTS: EXECUTE "Z " ORIGINALS INITIAL/ DATE APPROVED COUNCIL APPROVAL DATE: DATEREC'D: Jr 16011 11/9 SUPPLEMENT NO.4 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROJECT CONSTRUCTION MANAGEMENT The local agency of the City of Federal Way desires to supplement the agreement entered into with Tetra Tech, Inc. effective the 27th day of March 2013, identified as Agreement No. 13 -062 as supplemented by Supplement No. 1 on December 18, 2013, Supplement No. 2 on January 23, 2014 and Supplement No. 3 on March 27, 2014. 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, 2014. Signed this 3 13 day of ►��''� , 2014. TETRA TECH By: Steve (ling, P.E., PMP Its: Senior Project Manager 40012 th Avenue NE, Suite 400 Bellevue, WA 98004 (206) 286 -1640 CITY OF F RAL WAY By: �ra Fe rrell Its: yor 33325 8th Ave S Federal Way, WA 98003 (253) 835 -2401 APPR ED AS TO FORM: 7 Amy Jo Pearsall, Interim City Attorney C: \Users\steve.olling\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \UA5VKT20 \13 -062 Supplement 4- Lakota Middle School SRTS CM.docx RETURN TO: C 6k EXT: -13no CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: JOHN MULKEY EXT: 2722 3. DATE REQ. BY:ASAP! 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 ❑ RESOLUTION < CONTRACT AMENDMENT (AG #):13 -062 ❑ INTERLOCAL ❑ OTHER SUPPLEMENT NO.3 5. PROJECT NAME: LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL— CONSTRUCTION MANAGEMENT 6. NAME OF CONTRACTOR: TETRA TECH, INC. ADDRESS: 400 112TH AVE NE, SUITE 400, BELLEVUE, WA 98004 TELEPHONE:425 -635 -5000 E -MAIL: FAX: SIGNATURE NAME:: Ste-Ve i C) C TITLE: VICE PRESIDENT 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 #12- 103077 - 000 -00 BL, EXP. 12/31/2014 UBI # 601077148 , EXP. 3/31/2014 8. TERM: COMMENCEMENT DATE: MARCH 27, 2013 COMPLETION DATE: (CHANGE TO) MAY, 31, 2014 9. TOTAL COMPENSATION: $255,530.51 (UNCHANGED) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $31,216 (UNCHANGED) IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY )PURCHASING: PLEASE CHARGE TO: 306 - 4400 - 183 - 595 -30 -650 10. DOCUMENT/ CONTRACT REVIEW R PROJECT MANAGER • DIVISION MANAGER • DEPUTY DIRECTOR g( DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ig LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: =EM, 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: I ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, X BITS Y(Z LAW DEPT l SIGNATORY (CM OR DIRECTOR) ® CITY CLERK 18. ASSIGNED AG # 1� SIGNED COPY RETURNED -VRETURN ONE ORIGINAL COMMENTS: EXECUTE ° " ORIGINALS g w1,, I, V- INITIAL /DATE SIGNED AG# ' DATE SENT: COUNCIL APPROVAL DATE: DATE REC'D: 3,'M 14 11/9 SUPPLEMENT NO. 3 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROJECT CONSTRUCTION MANAGEMENT The local agency of the City of Federal Way desires to supplement the agreement entered into with Tetra Tech, Inc. effective the 27th day of March 2013, identified as Agreement No. 13 -062 as supplemented by Supplement No. 1 on December 18, 2013 and Supplement No. 2 on January 23, 2014. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 3 ". 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 May 31, 2014. Signed this V day of M44c,.I , 2014. TETRA TECH By: Steve 011ing, P.E., PMP Its: Senior Project Manager 40012 th Avenue NE, Suite 400 Bellevue, WA 98004 (206) 286 -1640 CIT7FL WAY By: Its: 333258 th Ave S Federal Way, WA 98003 (253) 835 -2401 APPROVED AS TO FORM: i�� Patricia A. Richardson, City Attorney KASTREETS \PROJECTS \Lakota Middle School SRTS- SW 312th @14th Ave SW\Construction \Construction Management \Contract \13 -062 Supplement 3- Lakota Middle School SRTS CM.docx RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS 2. ORIGINATING STAFF PERSON: 'You, y1f1.A� EXT: 7i 72Z_Z_ 3. DATE REQ. BY: 4. 5. 6. 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 Cl SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION k CONTRACT AMENDMENT(AG #): 'oG2 Cl INTERLOCAL Cl OTHER . D afx'ie '' J PROJECT NAME: Wl( NAME OF CONTRACTOR: 'G �IC.L_ r ADDRESS: 110 d 1 Z D G mD V TELEPHONE: 412x_ 0;;3J7- - /�D E -MAIL: / FAX: SIGNATURE NAME: �� !i(/i �I �c S P/C P TITLE: 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 #12- 4,93o77 49ao 08 , EXP. 12/31/ UBI # i0 4 , EXP. _ /3 / Q3// Y 8. TERM: COMMENCEMENT DATE: 7 / GJ COMPLETION DATE: ,-`A r c ` J i Z D /y 9. TOTAL COMPENSATION: $u /liS S s3 O . s'/ %'A%, (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE --ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: QrYES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 3. //� LG/^iAu IS SALES TAX OWED: ❑ YES iZ NO IF YES, $ PAID BY: Cl CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 3044- 10. DOCUMENT/ CONTRACT REVIEW PROJECT MANAGER ❑ DIVISION MANAGER k- DEPUTY DIRECTOR I DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT 11. COUNCILAPPROVAL (IF APPLICABLE) INITIAL/ DATE REVI� ED i COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: Iai ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS KLAW DEPT SIGNATORY (MAYOR OR DIRECTOR) ,CITY CLERK o ASSIGNED AG # Cl SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: INI [AL / DATE SIGNED AG# — R DATE SENT: 1' 'L0I ' 1 INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 11/1 SUPPLEMENT NO. 2 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROJECT CONSTRUCTION MANAGEMENT The local agency of the City of Federal Way desires to supplement the agreement entered into with Tetra Tech, Inc. effective the 27th day of March 2013, identified as Agreement No. 13 -062 as supplemented by Supplement No. 1 on December 18, 2013. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 2 ". 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 Beginning and Completion, shall be amended to extend the completion date to March 31, 2014. III Section V, Payment, the maximum amount payable under this Supplement No. 2 inclusive of all fees and other costs is Fifty -Two Thousand Five Hundred Sixty -Eight and 52/100 Dollars ($52,568.52) for a total amount payable to the Contractor pursuant to the Agreement, Supplement No. 1 and this Supplement No. 2 inclusive of all fees and other cost to be an amount not to exceed Two Hundred Fifty -Five Thousand Five Hundred Thirty and 51/100 Dollars ($255,530.51). The attached Exhibit "E -2 ", which describes the payment for work to be performed under this Supplement No. 2, is hereby made a part of the Supplemental Agreement. Signed this 23 day of Jpojo±-y , 2014. TETRA TECH By: `c Scott Williams, PMP Its: Vice President 40012 th Avenue NE, Suite 400 Bellevue, WA 98004 (206) 286 -1640 CITY OF FEDERAL WAY By: Fenrbll Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835 -2401 APP AS TO FORM: atricia A. Richardson, Cit Attorney KASTREETS \PROJECTS \Lakota Middle School SRTS- SW 312th @14th Ave SW\Construction \Construction Management \Contract\11 -137 Supplement 2- Lakota Middle School SRTS CM.docx EXHIBIT A -2 SCOPE OF WORK City of Federal Way Lakota Middle School Safe Routes to School Construction Management Supplement #2 January 2013 The City of Federal Way has requested that Tetra Tech, Inc. provide additional Construction Management Services due to time extension on the construction completion. The following is a summary of the tasks that we anticipate being affected by the time extension for the construction contract. INTRODUCTION TETRA TECH, Inc., the CA Contractor, will perform the following scope of construction services on the Lakota Middle School Safe Routes to School Project. Assumptions The accompanying budget for the additional construction management services is based on the services of one full -time Chief Inspector beyond the original 80 working days to up to a 112- working -day construction contract plus support from the CA Contractors Bellevue office. Any additional increase or decrease in the number of working days affects the time an inspector will be on -site. Supplemental assistance may be needed depending upon contractor's activities (multiple crews, multiple shifts, overtime, night/weekend work). It is assumed that the construction will be under suspension from February 1, 2013 to April 1, 2013. II. DETAILED SCOPE OF WORK Task 1 — Project Management This Task supplement includes the continuation of all previously scoped subtasks as defined in the CA Contractor original construction support services scope with the exception of Subtask 1.1 as that is a completed subtask. All other subtasks scopes remain as described and are extended based on the contract extension as defined in the Introduction to this supplement Task 3 — Construction Management Services — Field This Task supplemental includes the continuation of all previously scoped subtasks (3.1 to 3.11) as defined in the CA Contractor original construction support services scope for the contract extension as defined in the Introduction to this supplement. City of Federal Way Lakota Middle School Safe Routes to School Project January 2014 Supplement #2 Scope of Work Task 4 — Construction Services — Office This Task supplement includes budget for the continuation of subtask 4.2 and 4.4 as defined in the CA Contractor original construction support services scope. All other subtasks scopes remain as described and are extended based on the contract extension as defined in the Introduction to this supplement. Deliverables The following deliverables will increase in number based on the contract extension as defined in the Introduction to this supplement. • Daily Reports on a weekly basis or upon request. • Weekly meeting minutes. • Field change orders with backups. • Requests for information with responses. City of Federal Way Lakota Middle School Safe Routes to School Project January 2014 Supplement #2 Scope of Work EXHIBIT E -2 Project: City of Federal Way Lakota Middle School Safe Routes to School - Construction Management Tetra Tech Fee Estimate Supplement #2- Federal Funds DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project Manager 7 59.00 $413.00 2. Project Engineer 36 59.00 $2,124.00 3. Project Inspector 116 43.50 $5,046.00 4. Offcie Engineer 12 35.00 $420.00 5. CADD / Technical Support 0 35.00 $0.00 6. Project Administrator 21 28.00 $588.00 SUBTOTAL-DSC 192 $8,591.00 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 172.04% X $8,591.00 $14,779.96 FIXED FEE (FF): FF Rate= 30% X ( $8,591.00) $2,577.30 REIMBURSABLE& Mileage ( 600 Miles X 0.56 /mile) $336.00 $336.00 SUBTOTAL $26,284.26 SUBCONSULTANTS None GRAND TOTAL - ESTIMATED FEE $26,284.26 Prepared By: S. Oiling Checked By: A. Dyer Date: 12/6/2013 Date: FEE_FW_SW 312th St—CM Supp 1 Fee (draft)TT FEE - Federal Tetra Tech C d E w m m C O u 2 N C O U R _ 3$ ��� d�F U- 0 v ~ T 0 U � w U) O O L V N N v v m O Y m J W 7 LL m 00 Ii it 16 ID E a CL to O) E .N W O) LL H x V m LL CD to tore O 1n Ln O Oro Ln N V wi N 14 . . to r V M c6 J w H N t O tM0 M T H O r OD r N N F W W IA to to to tH N to Vi 69 M N M O N O V W Q O t0 Cl o) N to oo r '- N O r \ W °p tD Lo N tD O tD M f� to EA fA EH 69 EA Efl 6e fA Efl Efl Efl EA EA EA m u) r r to -It N. Lo M o) o) co O) O) V O M N o) r t0 O to co co V ID m r- D7 r p 0 Efl EA EA en EA EH 69 (n 69 Efl Efl EA bs to 0 0 0 0 O 0 0 0 FF9) i co ' 1 1 J N H O r tD N tD N N V M' M to V )n O O cD co Vi EA En W Vf 64 69 w .9 EA fA 69 f9 EA m J a! Q O O O O � O O O O ~ O O t0 R N tV 2 � u c 0 V N N V oo N a` a C L a � a � t'n �v o w` 0 n a` .. y co o N N V M a w d o c N N r a � Z O y c v d n a_ m _ � d o y C LL O Y -2 m U O o O o � 3 �, u) p �) c o to u v r- o Y _ Y o a) m Z _u il- m r U (n O N N T O C p a) N to O C U C to ~ ... U m - E c c E d) c E m n to tU C m m a) E C 7 W 0 m � O u) o E E E p) y O) E m Im m O c m m C O L N a) O N u a) O y O O) m m C N .0 C` o o C C m O N m C ` O 2 � 2 2 .j d m O t a m d o Q - m c c c Z5 0 T n °- c a tca u o T o o -° E p C m U) N Dcow u y a m U Cpl ` cp 2 d ` m ` O O m O N U D d� U .O 7 N M V to y N C C 7 N M V to a a N N o V V V V V J Q H O O O O O r N M V I- H x V m LL EXHIBIT E -2 Project: City of Federal Way Lakota Middle School Safe Routes to School - Construction Management Tetra Tech Fee Estimate Supplement #2- City Funds DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project Manager 7 59.00 $413.00 2. Project Engineer 36 59.00 $2,124.00 3. Project Inspector 116 43.50 $5,046.00 4. Offcie Engineer 12 35.00 $420.00 5. CADD / Technical Support 0 35.00 $0.00 6. Project Administrator 21 28.00 $588.00 SUBTOTAL-DSC 192 $8,591.00 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 172.04% X $8,591.00 $14,779.96 FIXED FEE (FF): FF Rate= 30% X ( $8,591.00) $2,577.30 REIMBURSABLE& Mileage ( 600 Miles X 0.56 /mile) $336.00 Materials Testing $336.00 SUBTOTAL $26,284.26 SUBCONSULTANTS None GRAND TOTAL - ESTIMATED FEE $26,284.26 Prepared By: S. 011ing Date: Checked By: A. Dyer Date: 12/6/2013 FEE_FW_SW 312th St—CM Supp 1 Fee (draft)TT FEE City Tetra Tech C d E d m @ C C O .; cC O U A _ 3g u dN 'O o m LL N O m T � U � w N 6 O L (A to v @ 0 Y @ J VI 7 LL @ LL d E d CL a N d E W LL N O Ln to r r ' O vii w M N Cd H 0) N w 4m O to NW O O r M rt0M m p r r to N H to to Go Vi W W W to W fA N /R to Ni O O O O O N V O c0 0 0 0 O <M O M m N (D 00 lD lO r r N O r r \ W p tD N (D cq (D LQ e9 fA Go w UD to (f> m to r r (D M (D M N to y r to r M n m o �mm00 (DO of m y p m m V 0 M N m r Cl) Cl) V Co m r r r O n O EA 69 ffl b9 EA fA fA 69 EA EA EA ffl 69 EA 0 0 0 0 O 0 0 0 O O V r a0 (D O to J U Q N U N M Lo V tm0 O O D W EA to 69 w PA 69 69 60 EA 69 69 EH 69 :A O O O O CD O O O O O COaN� °gym N m 2 N D 0 t N N V N N a a C t o v n �v o W `o o a` c0 CD N N V M a` w `w 0 N N r a` Z 0 y c v a CL d o _ c LL O Y v @ U O o p c 3 C_ C O U U_ C C O Y v Y U N@ Z Z@ t U Q Q U O @ Y U C o d d c U U c d d N J c J d (0 C U at N O E@ & O @Q o o U D E m E m u @ to c m c Q C m .@C tNA U1 U 0 C C m m@ @ Of @ 2 @ C d C N C(z E ) O O C @ C @ -O O N M C C 2` O O a@ O - m C N @ a@ a Q m C 0 0 C >. Q 0 m c c c o c o o c 2 @ w T m N O C 0 J O n U 0 N a m c� o a a N ` @ O N U O d U N M V LO a a N N U V V V C V J O O O O 0 r N M I- TETRA TECH, INC. BEL GROUP SIGNATURE AUTHORITY DELEGATION 9- Sep -13 SIGNATURE AUTHORITY SUBJECT TO CONDITIONS BELOW Authority Level Contracts, Subcontracts, Direct Overhead Costs Work At Approval of Project Costs, Propasals,Teaming Risk Subcontract Agreements Invoices* A proposal directive/checklist is to be completed by Proposal Manager prior to proposal submittal for all RFPs. Practice Leader Is responsible for ensuring appropriate reviews have been conducted including Legal, Financial, Client Manager and Discipline Leader reviews. Proposal Budgets are to be managed like project budgets. Practice Leaders are to manage staff B &P efforts consistent with group utilization goals and overall B &P Budgets. Capital Supplies and Epuipment Practice Leaders may approve orders in compliance with BEL Capital Budget. Tena Storgaard must be notified of all orders for budget tracking purposes. Any purchase over $S00 also requires a Tetra Linx requisition, and any purchase over $1000 requires a requisition and a purchase order (to be issued by Tena Storgaard). .lob Offers and Terms Practice Leaders- may approve offers up to $100k after coordination with Mark Williams Conferences & Trainina Only Dale Miller, James Costello, Chuck Purnell, Mike Root, Don Thompson, Steven Davie have authority to approve conference & training expenses. i TETRA TECH, INC. BEL GROUP SIGNATURE AUTHORITY DELEGATION 9- Sep-13 SIGNATURE AUTHORITY SUBJECT TO CONDITIONS BELOW Authority Level Contracts, Subcontracts, Direct Overhead Costs Work At Approval of Project Costs, Proposals,Teaming Risk Subcontract TETRA TECH, INC. BEL GROUP SIGNATURE AUTHORITY DELEGATION 9- Sep -13 SIGNATURE AUTHORITY SUBJECT TO CONDITIONS BELOW Authority Level Contracts, Subcontracts, Direct Project Costs, Proposals,Teaming Overhead Costs Work At Risk Approval of Subcontract New Hires and Tech Services staff have no signature authority unless specifically granted. *In Accordance with previously approved contract. CONDITIONS FOR AUTHORITY DELEGATION Approval authorities provided in this table are applicable only if all company processes of contract and expenditure review have been followed. Contracts -& Subcontracts Contract Review: For all contracts, regardless of value, Project Manager is responsible for contract review in accordance with TT Policy #100 and completion of corresponding review form. Practice Leader and Finance Manager must both conduct second level review prior to signature. If contract terms are compliant with corporate requirements and value is within Project Manager or Practice Leader signature authority limits, contract may be signed locally. If terms and conditions are not compliant, or value is outside signature authority limits, contract and review form should be routed (via Tena Storgaard) for coordination with Legal department and /or higher signature authority level as needed. If advance terms and conditions are available during RFP phase, same procedures should be followed for draft contract. Evidence of contract review will be required for all project number initiation and filed for record in Maxx. International Work: For all International work, regardless of value and prior to proposal submittal and contract signature, Mark Williams must be briefed and coordination with Corporate is required consistent with Policy #100. Negotiations: Mark Williams must be briefed prior to, or involved in all negotiations for contracts valued at $S00k or greater. Subcontracts: Prior to distribution to subconsultant, Project Manager must work with local admin to prepare a sub agreement package compliant with subcontract requirements checklist. The completed package should be routed to Tena Storgaard for purchase order number assignment. Proposals. Fee Estimates and B &P Budeets RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS JL, "v{ Lr EXT: L 7 3. DATE REQ. BY: 2. ORIGINATING STAFF PERSON: _ 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) Cl PUBLIC WORKS CONTRACT Cl 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 Cl RESOLUTION •• e`CONTRACTAMENDMEN/TI (AG #): I — C ❑ INTERLOCAL ❑ OTHER 5JL�'_ 5. PROJECT NAME: �W ii f t� f' I iC f� �L�� /C Qi�' �j tY ,twe 1 ' GL. i f l+. G. t._, / "/H-N�� 6. NAME OF CONTRACTOR: ADDRESS: Y 0 0 /V E -MAIL: SIGNATURE NAME Sr o tf ��� �^ • -, 4 �� TELEPHONE: FAX: TITLE: mell 'rlal 2� 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 #I/ 1 DLS` 10 000 0 0 BL, EXP. 12/31/ UBI # 60 /077 A/ 9 , EXP• . 8. TERM: COMMENCEMENT DATE: � /Z7I COMPLETION DATE: 9. TOTAL COMPENSATION: $ ZO - 19 & / - y$ CUn reP� (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLI AY RATES) REIMBURSABLE EXPENSE: 5d YES El NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 3 1)Z I G � IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: O ( "yY ® 0 — / S3 V5-9Sr ?'U 10. DOCUMENT/ CONTRACT REVIEW 'ePROJECT MANAGER ❑ DIVISIONMANAGER s'DEPUTY DIRECTOR ,ikr DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) /LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL/ DATE REVIEWED -: VPA COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING I Z /) / I • SENT TO VENDOR/CONTRACTOR DATE SENT: I zD • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT ❑ SIGNATORY (MAYOR OR DIRECTOR) CITY C LERK ❑ ASSIGNED AG # SIGNED COPY RETURNED RETURN ONE ORIGINAL IN / DATE SIGNED AG# DATE SENT: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC' D: ; 415 COMMENTS: EXECUTE " 2 ORIGINALS 11 /' SUPPLEMENT NO. 1 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROJECT CONSTRUCTION MANAGEMENT The local agency of the City of Federal Way desires to supplement the agreement entered into with Tetra Tech effective the 27th day of March 2013, identified as Agreement No. 13 -062. 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 IV, Time for Beginning and Completion, shall be amended to extend the completion date to January 31, 2014. Signed this IR day of 1= '2013. TETRA TECH By: t Williams, PMP Its: Vice President 40012 th Avenue NE, Suite 400 Bellevue, WA 98004 (206) 286 -1640 CITY OF FEDERAL WAY By: Z,/, Ne Sk/lp rie Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835 -2401 APPROVED AS TO FORM: -&O�: Patricia A. Richardson, City Attorney K: \STREETSTROJECTS\Lakota Middle School SRTS- SW 312th @14th Ave SW\Construction \Construction Management \Contract \11 -137 Supplement 1- Lakota Middle School SRTS CM.docx RETURN TO: I ' ' � � EXT: '� —] � 2 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS /�1r�lts ORIGINATING STAFF PERSON: J� r, Yl �(�;' �(A EXT: .27 .Z Z 3. DATE REQ. BY: • TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ' ❑ �PROFESSIONAL SERVICE AGREEMENT ❑ a GOODS AND SERVICE AGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ ❑ ORDINANCE ❑ ❑ CONTRACT AMENDMENT (AG#): ❑ ❑ OTHER SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELA"I'ED DOCUMENTS) RESOLUTION INTERLOCAL ♦ �• . •� _ .• • �• _I ��r NAME OF ADDRESS: SIGNATURE � 1ELEPHON�;:■F67^(.»^ ��G� F.a�c: TITLE: �t�� ' 'C� 1 EXHIBITS AND ATTACHMENTS:� SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERT[FICATE �,4LL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGI�i ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # �( I��f ��O o J BL, EXP. 12/3l/ f 3 UBI #�,b � 1711 � y� , EXP. .3 /�/ � 3 TERM: COMMF.NCEMENT DATE: �Aav� ���� �� %il�I �) � COMPLETION DATE:. IZI 3 I� � 3 TOTAL COMPENSATION: $�Q� �, a' Q (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOL[DAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO tF YES, MAXINNM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO [F YES, $ ❑ PURCHASING: PLEASE CHARGE TO: 3d(� � �00 � Ig ,�� �S_�1O "" �S� 10. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER ❑ DIVISION MANAGER �.DEPUTY DIRECTOR �DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) �LAw DE�r 11. COUNCIL APPROVAL (IF APPLICABLE) INITtAL / DATE REVIEWED _�c� � �t/ / 3 3 �� z - � �'l COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING 2 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: `�Il �i/ I 3 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �( L�,w DE�r ❑ SIGNATORY (MAYOR OR DIRECTOR) �. CITY CLERK �, ASSIGNED AG # ❑ SIGNED COPY FZETURNED � �RETURN ONE ORIGINAL n mo• IN / DATE SIGNED � 2' ---�- •2 •� AG# � DATE SENT: � • Z�) • 1 �,__ PAID BY: ❑ CONTRACTOR ❑ CITY IIJITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: Locai Agency ConsultanUAddress/Telephone Tetra Tech, Inc. Standard Consultant 400 112th AveNE, Suite 400 Agreement Bellevue, WA 98004 � Architecturai/Engineering Agreement ❑ Personai Services Agreement 425-635-1000 A reement Number Project Title And Work Description Federal Aid Number Lakota Middle School - Safe Routes to School SRTS 1040(003) Agreement Type (Choose one) Provide Construction Management for the improvement at Lakota Middle School. ❑ Lump Sum . Lump Sum Amount $ � Cost Plus Fixed Fee Overhead Progress Payment Rate % - --- Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes � No _ ___%o_ Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed % 95-4148514 � Fixed Overhead Rate 172.04 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 17,058.60 ❑ Yes � No _ ❑ SpeCifiC Rates Of Pay Total Amount Authorized $ 202,961.98 ❑ Negotiated Hourly Rate Management Resenre Fund $ ❑ Provisional Hourly Rate - - ❑ Cost Per Unit of Work Maximum Amount Payable $ 202,961.98 Index of Exhibits (Check all that apply): � E�ibit 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 ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional � Exhibit E-1 Fee - Lump/Fixed/tJnit ❑ 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 ❑ Exhibit G-3 Sub Overhead Cost � Exhibit H Title VI Assurances � Exhibit I Payment Upon Termination of Agreement � E�chibit J Alleged Consultant Design Error Procedures � Exhibit K Consultant Claim Procedwes ❑ 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 � Exhibit M-4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this 'a1 � day of m,�,r� ,� j�, between the Local Agency of City of Federal Way , Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT". DOT Form 14o-oss 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: 1 Generai Description of Work T'he 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 Eachibit "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. T'he CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior 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 work 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 origin, 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 Exhibit "C." All designs, drawings, specifcations, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments 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. T'he established completion time shall not be extended because of any delays amibutable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay amibutable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement 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 work 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-consuitant work shall be based on the cost factors shown on Exhibit "G." � The work of the sub-consultant shall not exceed its maacimum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, 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 39.76.011. The CONSULTANT 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 ar 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, ar 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, or� 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 public 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. sey.) 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 Eachibit "I" for 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 for 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, or 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 wark 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 fnd 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. T'his work shall be considered as Extra Work and will be paid for as herein provided under Section XN. 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 fnal 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 Exhibit "K". XII Venue, Applicable Law, and Personai 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 STAT'E, 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 ar employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemniry 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 for regulating contract interest by municipal officers. T'he 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 shail 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 STAT`E. 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. T'he CONSULTANT shall submit a verifcation 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 ar 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 fWly complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is availabie to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. 1"he 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 o'rder, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the ( I) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. T'he 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 paragraphs (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 Exhibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "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 Exhibit "M-4" Certifcate of Current Cost or Pricing Data. Exhibit "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 ageement 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 severa] counterparts, each of which shall be deemed to be an originai having identical legal effect. The CONSULTANT does hereby ratify and adopt all statem�nts, 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: Tetra Tech, Inc. By Scott Williams, PMP Vice President 400 l 12"' Ave NE, Suite 400 Bellevue, WA 98004 AGENCY: CITY OF FEDERAL WAY By Ski 'est Mayor 33325 8'�' Avenue S Federal Way, WA 98003-6325 APPROVED AS TO FORM: i���7��%�/ � Patricia A. Richardson, City Attorney DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 EXHIBIT A-1 SCOPE OF WORK City of Federal Way Lakota Middle School Safe Routes to School Project Construction Administration/Engineering Services March 2013 This phase of work will provide construction inspection, administration, and engineering services for the construction contract to complete the improvements designed under this Project Title. These services will include necessary construction engineering, inspection, and contract administration required for the construction of the project, as detailed below. 1. INTRODUCTION The CA Contractor will provide Preconstruction Services and Construction Management (CM) Services, both in the field and office as defined below. These services are intended to assist the Owner to administer the contract for construction, monitor the performance of the Construction Contractor ("Contractor"), verify that the Contractor's work is in substantial compliance with the contract documents, and assist the Owner in responding to events that occur during the construction. These services are based upon the understanding that the Owner will contract directly with the Contractor for the construction project work and with the Engineer of Record (EOR) for construction engineering support during construction. The Owner will be involved in the construction process to make decisions, provide approvals, and perform other actions as needed for completion of the construction. These services are also based upon the Owner executing a contract for construction with the Contractor and a contract for construction engineering support with the EOR that is consistent with the CA Contractor Agreement and with these services, and which provides the requisite autharity for CA Contractor to fulfill its responsibilities. Assumptions The accompanying budget for the construction administration services detailed below is based on the services of one full-time Chief Inspector during a 80-working-day construction contract plus support from the CA Contractor's office. An increase or decrease in the number of working days affects the time an inspector will be on-site. Supplemental assistance may be needed depending upon contractor's activities (multiple crews, multiple shifts, overtime, night/weekend work). 11. DETAILED SCOPE OF WORK Task 1— Project Management and Coordination Provide overall project management, coordination with the City of Federal Way, monthly progress reports, and invoicing. This effort will include the following elements: 1.1 Project Planning — Document and communicate the scope of work, budget, and schedule as a road map for the project team. Coordination of project team and issues throughout the project. 1.2 Budget and Schedule Tracking — Track the project budget using CA CONTRACTOR's in-house tools to verify that progress is keeping pace with spending. 1.3 Monthly Progress Reports — Prepare monthly progress reports for distribution to the Owner. Prepare a monthly invoice for services performed by CA CONTRACTOR and its subconsultants. 1.4 Correspondence — Prepare written correspondence as needed to document project management issues and/or concerns. 1.5 Quality Assurance/Quality Control — Perform independent quality assurance/quality control review of key deliverables by senior staff. Assumptions: Following are the assumptions for this task: The presence or duties of CA Contractor's personnel at a construction site, whether as onsite representatives or otherwise, do not make CA Contractor or CA Contractor's personnel in any way responsible for those duties that belong to the Owner and/or the Contractors or other entities, and do not relieve the Contractors or any other entities of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction contract documents and any health or safety precautions required by such construction work. 2. As the Construction Manager on this project, CA Contractor's project authority shall be prescribed in Section ]-05.2 of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction 2012. CA Contractor has no authority to exercise any control over others' health and safety but will notify affected personnel of any site conditions posing an imminent danger to them which CA Contractor observes. 3. The presence of CA Contractor's personnel at a construction site is for the purpose of providing to the Owner a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept, as reflected in the construction documents, has been implemented and preserved by the Contractor(s). 4. The Owner agrees to include in all construction contracts any provisions providing Contractor indemnification of Owner for Contractor's negligence as equal indemnification of CA Contractor and CA Contractor personnel. Task 2 — Preconstruction Services 2. ] The CA Contractor shall prepare an agenda, distribute notices of the conference, and conduct a preconstruction conference in the City of Federal Way's offices. The CA Contractor's Resident Engineer and chief inspector will attend the preconstruction conference and will prepare a written record of the meeting. The Contractor shall also distribute copies of the minutes to all attendees and affected agencies, staff, etc. 2.2 Provide one set of preconstruction photographs and video tape of the existing conditions (see Section 3-9 below). Task 3— Construction Management Services — Field ' 3.1 The CA Contractor will proyide the services of one full-time Chief Inspector on the project site who will observe the technical conduct of the construction, including providing day-to-day contact with the Contractor and the City of Federal Way. The CA Contractor's personnel shall act in accordance with Section 1-OS.I and 1-05.2 of the current WSDOT Standard Specifications. 3.2 The CA Contractor will prepare daily construction reports, detailing the contractor's operations performed for each day the Contractor is on-site; measure the quantities of materials installed, log equipment and staff used, and other items. Measurement and acceptance of the materials installed is to be in accordance with the WSDOT Construction manual except as modifed by Chapter 52 of the WSDOT Local Agency Guidelines. 33 The CA Contractor will answer questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the Contractor, including response to related questions from adjacent property owners and the general public. 3.4 The CA Contractor will prepare field records and documents to help ensure the project is administered in accordance with Federal, State, and/or funding agency requirements. 3.5 The CA Contractor will conduct and actively participate in weekly on-site meetings and prepare and distribute meeting minutes/summary. 3.6 The CA Contractor will issue field instructions, arders, or similar documents during construction as provided in the contract for construction. 3.7 The CA Contractor may authorize minor variations in the work which do not involve and adjustment in the Contractor's price, nor for time of construction, and are not inconsistent with the intent of the contract documents. 3.8 The CA Contractor will prepare a punch list upon substantial completion of work, coordinate with the City of Federal Way and other affected agencies to perform a project inspection and develop a comprehensive "punch Iist" of items to be completed. This will be issued with the Certificate of Substantial Completion, which will be issued by the CA Contractor. 39 The CA Contractor will coordinate and manage testing subcontractors for construction services. Provide materials testing services as required. Coordinate the work of the testing inspector(s} and testing laboratories in the observation and testing of materials used in the construction, document and evaluate results of testing, and address deficiencies. Testing of Materials shall be in accardance with the WSDOT Construction manual except as modified by Chapter 52 of the WSDOT Local Agency Guidelines. 3.10 The CA Contractor will receive, report, monitor, and assist in resolving any issues with adjacent properly owners. 3.11 The CA Contractar will provide periodic photographs during the course of construction. Photographs will be labeled with date taken and subject matter. At the end of construction, the CA Contractar will provide a final set of photographs of the completed construction. Task 4— Construction Services — Office 4.l Construction Management Plan — CA Contractor will develop a Construction Management (CM) work plan that describes and documents an organized, effective, and disciplined approach to the execution of the CM services and maintaining an atmosphere of 360 degree communication. This work plan shall provide an understanding of and directions for CM performance, project roles and responsibilities, and the processes and tools to be used in delivering the scope of services. Within this plan, CA Contractor will also develop a communication plan/process that addresses the necessary communication between all the stakeholders of the project. CA Contractor will assist the Owner in monitoring all outstanding decisions, approvals, or responses required from the Owner. 4.2 Document Management — CA Contractor will establish and implement a system and set of procedures for managing, tracking, and storing ali relevant documents between the Contractor, CA Contractor, and Owner produced during the construction and closeout phases of the project that are in compliance with the requirements set forth in the WSDOT Local Agency Guidelines. CA Contractor will, in coordination with the Owner, maintain one set of hard copy records, suitably organized, of all relevant documentation that will be turned over to the Owner at the completion and final closeout of the project. CA Contractor wilt forward one set of certi�ed Contractor payrolls to the Owner, which will review them for wage rate compliance. CA Contractor and the Owner wili agree on which certain documentation will be provided to the Owner during the course of construction. CA Contractor will also implement procedures for the logging and tracking of ali relevant correspondence and documents. CA Contractor will assist the Owner in monitoring all outstanding decisions, approvals, or responses required from the Owner. 4.3 Day-to-Day Project Management: Liaison with City of Federal Way on a regular basis to discuss project issues and status and management of subcontractors and General Contractor's staff. 4.4 Plan Interpretations and Change Orders: Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. The CA Contractor will receive and review the Contractor's response ta the request for change and/or Contractor-requested change and will obtain such further information as is necessary to evaluate the basis for the Contractor's proposal. The CA Contractor wili provide technical assistance to the Owner with negotiations of the proposal and, upon approval by the Owner, prepare final change order documents for execution by the Owner and Contractor. The CA Contractor shall provide weekly reports to the Owner about the status of any current change order. The report shall include issued change orders, pending change orders and change order amounts. 4.5 Record Drawings: Upon completion af the work, using available information supplied by the General Contractor(s), on-site representative personnel, suppliers, and other sources. Contractor shall provide as-built information detailing final location of installed items based on the same pattern as conducted for initial design. The CA Contractor will review the submitted information, make necessary corrections, revise the original drawings and submit to the CiTy an original (Mylar) recard drawing set and electronic in AutoCAD / Civi13D (Version 11) . 4.6 Monthly Pay Requests: Prepare monthly requests for payments, including all backup material and force account worksheets; review with City of Federal Way and General Contractor and approve, as permitted. 4.7 Review Submittals: Receive, log, and circulate for review and appropriate action, contractor shop drawings, catalog cuts, traffic control plans, erosion control plans, project schedule, material certifications and other contractor submittals required by the specifications for compliance with the contract requirements. 4.8 Contract Clarifications: Provide supplemental drawings or details, if necessary, to clarify design intent. 4.9 Conformed Drawing Set: At the conclusion of the bidding process, prepare a conformed set of drawings and specifications incorporating all addenda, and make available for distribution. 4.10 The CA Contractor will receive, log, and notify the Owner about all letters and notices from the Contractor concerning claims or disputes between the Contractor and Owner pertaining to the acceptability of the work or the interpretation of the requirements of the contract for construction. The CA Contractor will review all such letters and notices and will discuss them with the Contractor as necessary to understand each such claim or dispute. The CA Contractor will advise the Owner regarding the Contractor's compliance with the contract requirements for such claims and disputes. 'The CA Contractor will assist the Owner in discussions with the Contractor to resolve claims and disputes. The CA Contractor will not issue decisions on Contractor claims or disputes. The CA Contractor will not, except as part of Additional Services, undertake comprehensive and detailed investigation or analysis of Contractor's claims and disputes, nor participate in judicial or alternative dispute resolution procedures for the claims or disputes. Deliverables • Preconstruction Conference Agenda, Notice, and Minutes. • Conformed drawing set in both AutoCAD format and Mylar. • Daily Inspectors Reports on a weekly basis or upon request. • Materials testing reports (Request for Approval of Materials — RAM). • Record Drawings — One set original (Mylar), electronic file, one bond copy. • Construction Photographs — One set, including preconstruction, construction and post construction photographs. • Weekly on-site meeting minutes. • Certificate of Substantial Completion and punch list. • Field change orders with backups. • Requests for information with responses. • Submittal responses and supporting material. • Survey: Control point only — provided to the Contractor in the contract plans. Assumptions The budgeted hours for this work assume that construction will take approximately 80 working days. It is assumed another 20 days will be required of the chief inspector to complete documentation and punch list items for the City_ Hours were calculated at 9 hours per day far one full time on-site inspector plus 10 percent. Notice to Proceed with construction is anticipated to be issued in June 2013. Construction survey work is to be provided by the General Contractor and paid under the appropriate bid item. Any surveying, checks, re-staking, and/or design changes outside the original design scope will be considered "additional services." 4. As-built surveys and redlining of the contract drawings and documents will be the responsibility of construction Contractor and their information will be reviewed by the CA Contractor. CA Contractor will modify the CADD drawings in accordance with the information provided by the construction Contractor and reviewed by the CA Contractor Inspector and the City of Federal Way. 5. No additional time has been included if the project time period is extended for rain days or any other reason. 6. Testing services will be subcontracted to a certified lab and paid for on a time-and-materials basis. The budget for these services has been set at $25,000 and may be amended depending upon the service provider and actual work necessary to complete the project. King County will coordinate throughout signal installation and will provide final signal inspection approvaL 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 7 Enterprise, Agency e-mail software is Microsoft Outlook 2010, Software Suite is MS Office 2010. 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 3 L A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fxed fee. The actual cost shall include direct salary cost, overhead, direct non-salary costs, and fixed fee. 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 ofthe CONSULTANTS cost estimate and the overhead computation is shown in E�ibit "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. 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. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading af 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 de�ned 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 work, 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." 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 $ I 00,000 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 XIV, "Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, 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 Fayments: 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 themonthly 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 biiling 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 for 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 �nal 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 records is completed. EXHIBIT E-1 Project: City of Federal Way Lakota Middle School Safe Routes to School - Construction Management Tetra Tech Fee Estimate - Federal Funds DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project Manager 17 59.00 $1,003.00 2. Project Engineer 53 59.00 $3,127.00 3. Project Inspector 391 43.50 $17,008:50 4. Offcie Engineer 92 35.00 $3,220.00 5. CADD / Technical Support 66 35.00 $2,310.00 6. ProjectPaiministrator 64 28.00 $1,792.00 SUBTOTAL - DSC 683 $28,460.50 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 172.04% X$28,460.50 �8.�3•� FIXED FEE (FF): FF Rate = 30% X ( $28,460.50 ) $8,538.15 REIMBURSABLES: Mileage ( 2750 Miles X 0.56/mile ) $1,540.00 Materials Tes6ng $12,500.00 $14,040.00 SUBTOTAL $100,002.09 SUBCONSULTANTS KKLA $1,568.00 GRAND TOTAL - ESTIMATED FEE $101,570.09 Prepared By: S. 011ing Date: 2/28/13 (Revised) Chedced By: A. Dyer / S. Williams Date: No change in total FEE_FW_SW 312th St_CM Fee (draft final)TT FEE - Federal T6tPa T2Ch EXHIBIT E-1 ciry of cadarai way Wkob MiddM School SaM1 RoWa ro Sehool • CoroWetion Ma�up�m�M Ta4aTaeh Faa Eslimab - FeGxal Funda f SB.OD f SB.00 5 43.`A i u� f 35.00 i�.� fqUfs 08C pIQ FEEO TOTAL MAJOR TASK DESCRIPTION TOT�L MT�L nYAaN. 9oX 1.o Projwt Ma�u�m�M mtl Coordirel'wn 7.7 ProjeclPlannkp 2 1 2 5.0 S 284.00 $ 454.18 S 79.20 i lY7.m 7.2 ButlqetatbSehedubTreckinp 2 18 1t.0 $ $BB.00 $ B73.75 $ 188.80 { 1,70Y.66 1.3 MoniMy Proproas Reporls 3 4 7.0 S 2BB.00 $ 687.20 $ 80.70 S l72.Y0 7ACOrtespoMence 2 4 !.0 S 230.00 $ �S.B6 $ 89.00 S �YI.M 1.S Qualfry Aaaurence/Quality Conlrol 2 8 4 7l.0 f 702.00 $ 1.207.72 $ 210.8D S 2.120.33 R.0 PncontrueWnS�rvkw 2.1 PreconeWrotionCoMerenee 7 4 8 2 19.0 $ 812.00 S 1,052.88 S 783.80 f 1,WM 22 PrecorptrucUOn Oocumentatlon 4 12 2 1D.0 $ 814.00 S 1,400.41 S 244.20 S 2,16l.87 S.0 Co�ptruclbnMitup�maM3�rvMw•FiNtl 18 370 786.0 S 77,038.00 $ 28,373.80 S 5,111.70 S 61,M�.00 4.0 ContrmWn Merop�m�nt Nrvk�s • OIMes � 4.1 ConaNwtlonManagemeMarMWork%an 2 4 1 8 2 17.0 S 733.W $ 1.281.91 S Y20.05 3 3�N6A! <.2 DocumenlMeneBement 1 C 20 30 66A S 1,035.00 $ 3,158.93 E 550.50 S 8,5/I.�.1 4.3 Pkn Inrorprobtions antl Charpe OMere 1 4 30 36.0 $ 1,365.00 $ 2,313.94 S 403.W S 1,082M 4.4 Record IXewhps 7 4 4 88 75.0 S 2,745.00 S 4.722.50 f 823.50 S 6,2i1.00 4.5 ConeWCtlonManegememCOOMinatlon 4 30 � 3�.0 S 1,288.00 f 2,212.43 $ 385.80 S 3AK37 TOTAL 8N.0 $ 28,C80.S0 Y 48,883.65 S 8,538.15 i D6A�•10 FEE_FW_SW 372M Sl CM Fee (tlraX Mal)TT - Fetlaral TBl2 T@Ch EXHIBIT E-1 Project: City of Federal Way Lakota Middle School Safe Routes to School - Construction Management Tetra Tech Fee Estimate - City Funds DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project Manager 16 59.00 $944.00 2. Project Engineer 53 59.00 $3,127.00 3. Project Inspector 391 43.50 $17,008.50 4. Offcie Engineer 92 35.00 $3,220.00 5. CADD / Technical Support 66 35.00 $2,310.00 6. ProjectAdministrator 64 28.00 $1,792.00 SUBTOTAL - DSC 682 $28,401.50 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 172.04% X$28,401.50 $48,861.94 FIXED FEE (FF): FF Rate = 30% X ( $28,401.50 ) $8,520.45 REIMBURSABLES: Mileage ( 2750 Miles X 0.56/mile ) $1,540.00 Materials Testing $12,500.00 $14,040.00 SUBTOTAL $99,823.89 SUBCONSULTANTS KKLA $1,568.00 GRAND TOTAL - ESTIMATED FEE $101,391.89 Prepared By: S. 011ing Date: 2/28/13 (Revised) Checked By: A. Dyer / S. Williams Date: No chanqe in total FEE_FW_SW 312th St_CM Fee (draft final)TT FEE City Tetra Tech exHieiT e-t Ciy of Fedsnl Way Lakota MidtlN Sehool Safe Roulca to Sehool - Co�wbueUOn Manapsm�M TstraT�eh fw Estimab • Ciry Funds 5 59.00 S 5B.W 5 aa.W S 3500 S 35.ao 5 ZB.00 IqUpB p!C OXQ FEEO TOTAL MAJOR TASK DESCRIPTION ToTAL ToTAL �Te.oMh �o % 7.0 ProNc� Ma�up�msM and COatlln�lbn 0.0 1.1 Prol�lPlannirp 2 1 2 b.0 $ 280.00 S <5C.19 S 79.20 S 7Y7.�Y 12 BWOeIaMSahedubTncki�q 2 18 1l.0 $ SBB.00 $ 973.75 5 189.80 S 7.700.66 1.3 MontMy Progrom Reporls 2 4 8.0 $ 230.00 $ 365.BB $ �.00 S [il.M 7.4 CorteapoMenee 2 d B.0 $ � 230.00 S 365.88 4 BB.00 i lW.M 7.S�ualiHAswrance/QwIlryCOriWI 2 B A 7A0 $ 702.00 S 1,207.72 $ 210.80 S 3�ti0.3R 0.0 $.0 Praeo�strmWnE�rvkq 0.0 2.1 PreeonawrotlonCw�tsrerwa 1 4 8 2 19.0 S 872.00 S 7.052.SB f 183.80 i 7A�.p 22 Preconatructlon Dxumenmtion 4 12 2 78.0 S 814.00 $ t.A00.41 S 244.20 i 2,�66.M 0.0 S.0 CorotrmlbnNamp�m�MB�rvkes-FNW 18 370 9E6.0 S 17,03D.00 E 29.373.90 $ 5.111.70 S 81,�Q1.l0 0.0 I.o CorotruotlonMam7�m�MS�rvb�s-Olfic� 0.0 4.1 Conahuction ManeOemeM arM Work Plen 2 4 1 8 2 77.0 S 733.50 S 1.281.97 S 220.05 S 2,21iM 62 DocumemManegemmt 7 4 ZO 30 56.0 S 1.835.00 $ 3,758.83 S SW.50 t 6.6�RA9 4.3PIanlnbrprotetionaen4CharqeOWero 1 4 30 36.0 $ 1,345.00 $ 2,313.84 Y 403.50 S I,M2M 4.4 Rxortl Drewirps 7 4 4 88 76.0 S 2,705.OU S d.I22.50 $ 823.50 3 t,401.00 4.5 ConabuctionManagementCoordinaWn 4 30 91.0 S 1,288.00 S 2,212.43 $ 385.80 { l,tl42S 0.0 TOTAL !l2.0 S 2B.AOt.W f <8.881.84 $ 0.520.45 i l6.7l9A9 FEE_FW SW 3121h SI_CM Fee (Graft flnel)TT - Ciy TetrB T6�1 EXHIBIT E-1 Project: City of Fede�al Way Lakota Middle School Safe Routes to School - Construction Management Karen Kiest Landscape Architects Fee Estimate - Federal Funds DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Principal 4 114.00 $456.00 2. Senior Designer 12 88.00 $1,056.00 SUBTOTAL - DSC 16 $1,512.00 REIMBURSABLES: Miteage ( 100 Miles X 0.56/mile ) $56.00 $56.00 SUBTOTAL . $1,568.00 GRAND TOTAL - ESTIMATED FEE $1,568.00 Prepared By: K. Kiest Date: 2/28/13 (Revised) Checked By: S. 011ing Date: No change in total FEE_FW_SW 312th St_CM Fee (draft final)KKIA FEE - Federal Te�l'8 TeCh EXHIBIT E-1 City of Federal Way Lakota Middle School Safe Routes to School - Construction Management Karen Kiest Landscape Architects Fee Estimate - Federal Funds 3.0 Construction Management Services - Field HOURS 10 4.0 Construction Management Services - Office 4.1 Construction Management and Work Plan 4.2 Document Management 4.3 Plan InterpretaGons and Change Orders 1 2 3 4.4 Record Drawings 2 2 4.5 Construction Management Coordination 1 � 16 FEE_FW_SW 312th St_CM Fee (draft final)KKLA - Federal Tetra Tech -1 EXHIBIT E-1 Project: City of Federal Way Lakota Middle School Safe Routes to School - Construction Management Karen Kiest Landscape Architects Fee Estimate - City Funds DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Principal 4 114.00 $456.00 2. Senior Designer 12 88.00 $1,056.00 SUBTOTAL - DSC 16 $1,512.00 REIMBURSABLES: Mileage ( 100 Miles X 0.56/mile ) $56.00 $56.00 SU BTOTAL $1,568.00 GRAND TOTAL - ESTIMATED FEE $1,568.00 Prepared By: K. Kiest Date: 2/28/13 (Revised) Checked By: S. 011ing Date: No change in total FEE_FW_SW 312th St_CM Fee (draft final)KKLA Fee - City Tetra Tech EXHIBIT E-1 City of Federal Way Lakota Middle School Safe Routes to School - Construction Management Karen Kiest Landscape Architects Fee Estimate - City Funds MAJOR TASK DESCRIPTION 3.0 Construction Management Services - Field 4.0 Construction Management Services - Office 4.1 Construction Management and Work Plan 4.2 Document Management 4.3 Plan Interpretations and Change Orders 4.4 Record Drawings 4.5 Construction Management Coordination HOURS TOTAL 10 16 FEE_FW_SW 312th St_CM Fee (draft finai)KKLA - City Tetra Tech , ;' L�3 = � �� �Washingtan State Department of Transportation Paul' J. Haenmond, P.E. Secretary of Transportation Novemb�r 16, 20I2 Paut Jex, Controller Tetra Tech Division 3475 E. Foothill Blvd Pasadena, CA 91107-6024 Re: Tetra Tech Division, Overhead Schedule FiscAt Year End October 2, 2011 Dear Mr. Jex: TrsMportatlan Buliding 310 Maple Pa�lc Avenue S.E P.O. Box 47300 . Olyrr�ia, WA 985047300 360-705-7000 rrv: �-soasaa-sasa www.wsdocwa.gov We have completed a deslc review of your overhead schedule for the above referenced fiscal year. Our review included the documentation provided by Tetra Tech Division. The reviewed data included, but was not limited to; the schedule of the indirect cost rat�, a description of the company, basis of accounting and description of Tetra Tech Division accounting system and the basis of indirect costs. Based on otu� work, we are issuing this letter of review lishing etra Tech Division overhead rate for the fiscal yeaz ending October 2, ZO11 at 172.44°/ of direct labor. Costs billed to actual agreements will still be subject to a' costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Lisison to determine when this reviewed rate wil( be applicable to your WSDOT agreement(s). PIease note, Tetra Techs practice of lending /borrowing employees from other operating units may not be used for WSDOT agreements without prior written authorization from Erik Jonson, Manager, WSDOT Consultant Services Office (CSO). Per the terms of your WSDOT agreement, sub-consulting requires prior written approval from the CSO. This applies to employees of other Tetra Tech operating units and includes intercompany subcontracting agreements. Also, when you provide next year's overhead schedule to our office or to your CPA finn, please submit either your internally prepared Compensation Analysis, or the National Compensation Matrfx (NC1Vn worksheet. , Mr. Jex November 16, 2012 Page 2 If you, or any representatives of Tetra Tech Division, have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705-7003. Sin y, �����L��. Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Intemal Audit Jeri Sivertson, Assistant Director of Internal Audit I.arry Schofield, MS 4i323 File EXHIBIT G Subcontract Work/Fee Determination Krazan & Associates Scope of work is described in Task 3.7, Construction Services, coordination and management of testing subcontractors for construction services. Total Budget is $25,000 as shown in the Budget summary and Expenses sections of Exhibit E. Exhibit G-2 Subconsultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Subconsultant Karen Kiest Landsca e Architects KKLA Hourly Overhead Profit Rate Discipline or Job Title Rate @ % @ % Per Hour Princi al 114.00 Senior Desi er 88.00 Junior Desi er 78.00 Technical Support 67.50 Administrative 67.50 DOT 140-089 EF Exhibit E-2 8/07 Exhibit G-3 Breakdown of Subconsultants Overhead Cost Account Title $ Beginning Total % of Direct Labor Direct Labor All inclusive Lab r Rates (Small Firm) Overhead Expenses FICA Unemployment ' Heaith/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 ReVlsed 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: 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 discrim inate 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. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In al) 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. Information and Reports: The CONSULTANT shall provide all information and reports reyuired 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. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shail 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 or in part DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation 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 enfarcing 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 fxed 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�nal 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 8/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit 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 Error(s) After discussion of the alleged design error(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) lf 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 shauld 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 represeritatives, 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 ofthe 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 ar 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 agreement 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 sett�ement 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 exhibit 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 frm 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 1, 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. Ifthe 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, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the fnal 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 lf 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 classifcation for each frm 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 Works 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). Ifthe 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— lnforming Consultant of Decision Regarding the Claim 'The Director of Public Works ar 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/or new agreement and pay the consuitant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. I hereby certify that I am Exhibit M-1(a) Certification Of Consultant Project No. Local Agency S� �� l.{e�9 and duly authorized representative ofthe frm of Tetra Tech, Inc. whose address is !�-vo � � 2�'`` �✓ �� �s�lt L� ��� �4- 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; or (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. 3�i s / 3 ate DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 Signature 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 frm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certifcate 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. 3�22��3 Date DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 CITY OF FEDERAL WAY ip Priest Mayor 33325 8`h Avenue S Federal Way, WA 98003-6325 II I�:ii1�:�►'tQ+� Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions The prospective primary participant certifes 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/proposa) had one or more public transactions (federal, state, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certifcation, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): Tetra Tech, Inc. �� /��3 (Date) DOT Form 140-089 EF Exhibit M-2 Revised 8/05 (S� ture) President or Authorized O�cial of Consultant 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 ageement, 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 offcer 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): Tetra Tech, Inc. ���-��3 (Date) DOT Form 140-089 EF Exhibit M-3 Revised 6/05 re) President or uthorized Official of Consuftant 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 ar 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 or to the contracting officer's representative in support of ��#� ��"� 3% * are accurate, complete, and current as of 3�i5 J 2v l3 **. 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 Tetra Tech, Inc. Name �co{i' V�%���iolYvlS Title Scott Williams, PMP, Vice President Date of Execution* ** 3 � 5! 2v l3 * Identify the proposal, quotation, request for price adjushnent, 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 6/05 Form �'� Request for Taxpayer (Hev October zQ��, Identification Number and Certification Uepartmant of the'Treasury inierna! Revenue Service N m rn ro a c O m c �� �o± � C y •� c a� .� � G N � N Name (as shown on your :ncome tax return) Tetra Tech, Inc. Business name. ;F different trom abova Give form to the requester. Do not send to the IRS. Check appropnate box: ❑ IntlividualBole proprietor � CorporaFOn ❑ Partnership Exempt ❑ Limited IiaDlhry company. Enter the tax classification (U=tlisregar6ed entity, G-corporation, P=partnership) ►._. ___. ❑ p�e LJ Other (see instructions} ► Atltlress (number. street, antl apt. or su�te no.j 3475 E. Foothiil Bivd. City, stato, and ZIP code Pasadena, CA 91 i 07 List account number(s) nere (optionaQ Taxoaver ldentification Number Requester'� name and atltlress (optwnai� Enter your TIN in the appropriate box. The TIN provided must match the name given on Une i to avoid �cia1 security number � backup withhoiding. For individuals, this is your social security number (SSN}. However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EINj. If you do not have a numtrer, see How to get a TtN on page 3. Or Note. If the account is in more than one name, see the chart on page 4 for guideii�es on whose Employer identificetion number l number to enter. 95 ; 4148514 I Under penalties of perjury, I certify that: t. The number shawn on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exemp[ from backup withholding, or (b) 1 have not been notified by 2he intemal Revenue Service (�RS) that I am subject to backup withholding as a resuit of a failure to report aii interest or dividends, or (c) the IRS has noti(ied me that I am no ionger subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below}. Cer[ification instructions. You must cross out item 2 above it you have been notified by the IRS that you are c�rrently subject to backup withholding because you have tailed to report all interest and dividends on your tax return. For real estate tra�sac[ions, item 2 does not appiy. For mortgage interest paid, acquisition or abandonment of secured property, canceilation of debt, contributions to an individual retirement arrangement (IRA), and generaily, payments other than interest and dividends, you are not required to sign the Certiflcation, but you must provide your correct TIN. See the instructions on pa�4. , •--- $Ign Signature of � � y / � Here U.S. parson � �. Date � / General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: Section references are to the Internal Revenue Code unless . An individual who is a U.S. citizen or U.S. resident alien, otherwise noted. • A partnership, corporation, company, or association created or Purpose of Farm orgartized in the United States or under the taws of the United A person who is required to fite an information return with the States, IRS must obtain your correct taxpayer identification number (TIN) • An estate (other than a foreign estate), or to report, for example, income paid to you, real estate • A domestic trust (as defined in Regulations section iransactions, mortgage interest you paid, acquisition or 301.7701-7). abandonment of secured property, cancellation of debt, or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W-9 only if you are a U.S. person (including a pay a withhoiding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W-9 requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that 1. Certiiy that the TIN you are giving is correct (or you are a partner is a foreign person, and pay the withhofding tax. waiting for a number to be issued), Therefore, if you are a U.S. person tha[ is a partner in a 2. Certify that you are not subject ta backup withhoiding, or Partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3. Claim exemption fram backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income. U.S. person, your aliocable share of any partnership income from �e person who gives Form W-9 to the partnership for a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively conr�ected income. purposes of estabiishing its U.S. status and avoiding withholding on Its ailocable share of net income from the partnership Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form if it is following cases: substantialiy similar to this Form W-9. • The U.S. owner of a disregarded entity and not the entity, Cat. Uo.10237X Form {�/-9 (Rev.10-2007) ACOR� DATE(MM/ODNVYY) � CERTIFICATE OF LIABILITY INSURANCE o9ns,�o,Z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certiflcate holder is an ADDITIONAL INSURED, the policy(les) muat be endorsed. If SUBROGATION IS WAIVED, subJect to the te►ms and conditions of the policy, certain policies may requlre an endorsement. A statement on thia certiflcate does not co�fer rights to the certiflcate holder in Ileu of auch endorsemem(a). PRODUCER CONTACT AOn rtisk Insurance Services west, InC. NAME' Los Ang el es CA Offi ce AIC. No. Exe :(866) 283-7122 a� Na :(8a7) 953-5390 707 wilshire eoulevard e.Ma� Suite 2600 ADDRE$8: l.os anaeles [A 90017-0460 u5A INSURED Tetra Tech, Inc. 400 112th Avenue N,E., Suite 400 eellevue WA 98004 usa INSURER(S) AFFORDINO COVERAOE INSURER A: National Union Fll'2 I�S CO Of PlitSb iNaurtene: Insurance Company of the State of PA iNSUttertc: Lexington Insurance Company iNSUnert o: Chartis Specialty Znsurance Company INSURER E: INSURER F: NAIC � 19445 26883 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limita shown are as ►s ueste �R TYPE OF INSURANCE gR POLICY NUMBER M LIMRS OENERAL LIABILITV �� EACH OCCURRENCE EZ � OOO � OO X COMMERCIAI GENERAL UABILITY PREMI6ES a occumnu El, OOO, OO CLAIM&MADE ❑X OCCUR MED EXP (AOy ons panon) S10 � OU OEN'L AGOREOATE LIMIT APPLIES PER: POLICY X PRO- x LOC � AUTOMOBILE LIABRITY CA X ANV AUTO ALL OWNED SCHEDUIED AUTO6 AUTOS X HIRED AUTOS X NON-OWNED AUTOS � X UMBRELLALIAB X OCCUR THZ EXCESE LIAB CLAIMS�MADE DED RETENTION A WORKERS GOMPENSATION AND yy� EMPLOYER8' LU181LITY Y/ N A05 ANV PROPRIETOR I PARTNER I EXECUTIVE 8 OFFICERIMEMBER EXCLUDEA? � N I A WC3 (Mandatory M NH) CA o I Contractor Prof/POII Liability PER60NAL d ADV INJURY 6ENERALAOGREGATE PRODUCTS - COMPIOP AOG BODILV INJURV ( Per psroon) BODILV INJURV (Per aeeldmnt) EACH OCCUF AOOREGATE E.L. EACH ACCIDENT E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICV LIMIT Eac C aim Aggregate `m F e '��O 9 0 _ 52,000,000 N 4,000,00 `� s4,000,00 g n N 51,000,000 0 Z �a i� � , oo , 0o c� E5,000,00 51�0�0,0� 51,000,000 1,000,00 _ 5, , 0 � 55,000,00 � DESCWPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (l4taeh ACORD 107, Addkbnal Remults SeAsduk, M mon spae� Is nqWnd) � 7ob: Lakota Middle School Safe Routes to School Pro1'ect. City of Federal way is included as ndditional insured as required by written contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General l.iability and Auto �iability policies. See Attached Endt. Stop Gap Coverage for the following states: OH, Wa, wv. CERTIFICATE HOLDER City of Federal Way Attn: Shawna Upton PO eox 9718 Federal Way wn 98063-9718 u5n CANCELIATION SHOULD ANV OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION �ATE TMEREOF, N0710E WILL BE OELNERED IN ACCORDANCE WITH THE POIICV PROVISIONS. � �� �� � � � � �1888-2010 ACORD CORPORATION. All rights rosenred. ACORD 25 (2010/O5) The ACORD name and logo are registered marka of ACORD Attachment to ACORD Certificate for Tecra re�n, �n�. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. msunEn Tetra Tech, Inc. 400 112th Avenue N.E., Suite 400 eellevue wn 98004 u5n INSURER INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUBR ��� NUMBERI POL[CY EFF POLICY EXP j,7R TVPE OF PISUMNCE �SR �p pp],TCy DESCRIP'CION (MM/DD/YYVI� (MM/DD/YWI� �� � WORKERS COMPENSATION g N/A wC35896543 1 O1 1 1 FL Certificate No : 570047594521 Tetra Ted�, Is�c.-1NTR (Water, Enviro�ment Nuclex) Offites: ATL, BTR, CHS, CLE, FfX, GLO, MOB, RTP, CEC, SDG, PTR, NRS, ICC, SII, SWq, 51NC, SWM, SWW Signa ��' ��� `°� � `� � � � ��4 x;' .� � ,�� �' `� ° � � �Ctic P� Cs x _ _ �� ��� �� �`� ��� ��}.t` Fixed Price Cnst Type with Not Time and materiai + fixed Unit Price Tirne & Materiai CosL Type Rate Cap tost Reimbursemei iMtsrk aC R#sk' � Guaranteed Rxed-� Project Write-off (3 Cailection Agancies Swety Bands rrnatlanai praposa ii2CI5I8ri5 LO QfOYI�� [ert. of Cost/�ricing asss, Purchase Agraements and t Rea! Property -- Furchase or Leas Eqaipment/SuPpties Services jto�fracts and ourchase Capitat E�yaer�ditures wocin�g investment Cash hlana�ement Actounts Employmsnt of€ers - Anrtuai Totai Options Bar.us Oistri6ution ;yTa�r�r:���3��� ��������� -}1�___- y' Y�t �1 F� �I ����� Busineu Group � Sen�� ce � �� 3 I pjrectas PresWents PresideMs V'ue WaideMs O � , � � � m � � � � � � . � 4 � � � r � 1 1 1 � � •��- s' � � -�■� �� -� �......�,..�.�n. Pdicy #100 Rev. 8 - 2/28/12