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AG 23-234 - DKS ASSOCIATESRETURN TO: PW ADMIN EXT: 2700 ID #: 4298 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Traffic Division '2. ORIGINATING STAFF PERSON: Sarady Long EXT: 2743 3. DATE REQ. By: 9-28-2023 .3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 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#): ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: City of Federal Way Comprehensive Plan Update - Transportation and Mobility Chapter 5. NAME OF CONTRACTOR: DKS Associates ADDRESS: 719 Second Ave. Suite 1250, Seattle, WA 98104 TELEPHONE: 206.436.0319 E-MAIL: WamlMdksassociates. cam FAX: SIGNATURE NAME: Wlntana Miller TITLE: Principal 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES O COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE p ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31l/_(�, UBI # . EXP. _/ / 7. TERM: COMMENCEMENT DATE: TBD COMPLETION DATE: June 30, 2024 8. TOTAL COMPENSATION: $324,960.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES 0 NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: 101-4300-230-543-10-411 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 8 PROJECT MANAGER SL 9/6/2023 8 DIVISION MANAGER RAP 20 Sep 2023 6 DEPUTY DIRECTOR SSW 9/20/23 ❑ DIRECTOR " ❑ RISK MANAGEMENT (IF APPLICABLE) R LAW DEPT KVA 9.22.2023 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 10/18/23 DATE REC' D: 1113/23 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT LAW DEPT tG40m-, NATORY (MAYOR OR DIRECTOR)❑ CITY CLERK❑ ASSIGNED AG # AG4 # 3- 3 ❑ SIGNED COPY RETURNED DATE SENT: 11-9-23 COMMENTS: EXECUTE " " ORIGINALS 1/2020 Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cnyoffederatway com PROFESSIONAL SERVICES AGREEMENT FOR CITY OF FEDERAL WAY COMPREHENSIVE PLAN UPDATE — TRANSPORTATION AND MOBILITY CHAPTER This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and DKS Associates dba DKS Associates Corporation, a California corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: DKS ASSOCIATES dba DKS ASSOCIATES CORPORATION: Wintana Miller, PE, PTOE 719 Second Ave, Suite 1250 Seattle, WA 98104 206.436.0319 (telephone) 206.382.9800 (facsimile) Wamgdksassociates.com The Parties agree as follows: CITY OF FEDERAL WAY: Sarady Long 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835.2743 (telephone) (253) 835.2709 (facsimile) Sarady.long(a-),cityoffederalway 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than June 30, 2024 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. PROFESSIONAL SERVICES AGREEMENT » 1 - Rev. 7/2021 clry OF CITY HALL �--.Federal Federa I ■ � ray Feder 8th Avenue South ��YI Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 NonzAppropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 7/2021 C17y OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoff&deralway.com acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 7/2021 CITY OF CITY HALL Fedora ay 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway. com 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 7/2021 CITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay. com 12. E UAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cj"ffederalway. com to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. ci"ffederat way.. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: 1 &*Sh e CourtMney, C, ity Clerk DATE: APPROVED AS TO FORM: �7- Tyan Call, City AttonW DKS ASSOCIATES dba DKS ASSOCIATES CORPORATION: By. 4J4a�- Printed Name: 1 ��k N pl �•L�l Title: DATE: I I. 1. 23 STATE OF WASHINGTON ) ) ss. COUNTY OF On this da personally appeared before met Mt �� to me known to be the Q�`_� /� of DKS Associates dba DKS Associates Corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this Pr day of NOV , 20Z �������titit�ri►��ir►� Notary's signature �Z ......... q ''f�Notary's Tepw Mfg • 1�. printed name rL; a 10-2o��. Notary Publib in and for the State of Washington. ` m:v %kOTAR), My commission expires �Z �n•Zid PROFE94,9I0IA'LSERVICES AGREEMENT - 7 - Rev. 7/2021 CITY OF CITY HALL 4'! Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mmcr[yoflederalway com EXHIBIT A SERVICES Purpose This project will complete an update to the Transportation Chapter of the Comprehensive Plan. Task 1 Project Management DKS is responsible for project management of the various work elements described within this document. These responsibilities shall include but shall not be limited to: • Project set-up and execute agreement • Preparation of monthly progress reports and invoices • Record keeping and project closeout • Project staff management and coordination • Prepare and update project schedule • Schedule and budget monitoring ■ One formal kickoff meeting at project start • Progress meeting with the City throughout the project duration (estimate 3) • Biweekly thirty minutes check -in meetings Assumptions: • All meetings will be virtual • Project is expected to last up to 9 months from notice to proceed Task 2 Update Transportation Chapter Text All of the analysis and graphics to update the Transportation Chapter of the comprehensive plan will be completed in other tasks. This task will bring together the work completed in other tasks and provide an update to the text. DKS will first complete a thorough review of the current Transportation Element. The updates will be consistent with the overall vision for the City's future as described in the comprehensive plan. The text modifications or additions will incorporate best practices from the transportation industry and will be supported by data analysis, public input, and City plans and studies. This will result in an implementable Transportation Element that summarizes existing conditions, supports the City's long-term goals, and provides a project list with highlighted funding opportunities. Deliverables: • First Draft Chapter Update ■ Second Draft Chapter Update Task 3 Transportation Issues Meeting DKS will lead the transportation issue meeting, which will be key for understanding the City's needs and desires for the updated Transportation Chapter. This meeting will serve as a kick-off meeting with City staff from several departments. The meeting will cover the following topics: PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 7/2021 4! CITY OF ,�S� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityofiederalway com Transportation Subsections: DKS shall, as necessary, add new subsections to the Transportation Chapter of the Comprehensive Plan. This decision will be based on a review of the Growth Management Act ("GMA"), Puget Sound Regional Council Vision 2050 Growth Strategy, King County Countywide Planning Policies, and other regional plans. DKS will make recommendations for subsections to be added or deleted. These subsections and their material will be confirmed by City staff at the meeting. Transportation System Priorities: This discussion will be focused around identifying potential new projects to be added to the 20-year project list. To facilitate this discussion, DKS will walk through the current set of transportation goals and policies and discuss the expected future network, including funded projects and expected changes to the transportation system. This discussion will help DKS understand the City's needs and desires for an effective transportation system. Multimodal Level of Service and GMA requirements: DKS will bring examples of ways to incorporate a multimodal LOS standard and a multimodal concurrency system. DKS will discuss the benefits and tradeoffs of these approaches. Federal Way currently has a Level of Service (LOS) policy for the pedestrian network, the bicycle network, and the transit network. DKS will walk through the City's current LOS policy and compare it to potential changes to consider. Financial Picture: City staff will discuss funding trends, including historical revenue collections, traffic impact fee revenues, existing grant commitments, pending grant applications, and potential future funding sources. This discussion will help DKS understand how funding options may impact the project list. Assumptions: • The meeting will be two hours long, with three DKS staff present Deliverables: Memo Summarizing the discussion and outcomes of the meeting Task 4 Transportation Vision, Goals, and Policies DKS will support the City with the updated goals and policies for the Transportation Chapter. The City will provide draft goals and policies that align with the City's overall vision and the Comprehensive Plan Update. These will ultimately be incorporated into the Transportation Element and help guide the City's transportation decisions over the next several years. DKS will review the draft goals and policies to ensure they align with regional plans and the City's vision. DKS will provide recommendations to the goals and policies. Deliverables: • Draft Goals and Policies for the Transportation Chapter of the Comprehensive Plan Assumptions: • The City will provide the Draft Goals and Policies Task 5 Existing Conditions Transportation Data and Analysis This task will include inventory and analysis of the existing transportation system across the entire city. The updated section will paint a picture of 2023 traffic conditions in the City of Federal Way, and will include new PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 7/2021 CITY OF CITY HALL �� Feder F�dera I Wayth Avenue South Federall Way, WA 98003-6325 (253) 835-7000 www dlyoffederahvay. com maps, text, and analysis results. All analysis will be based on the updated Level of Service policy developed in Task 8. While Task 8 will include the city-wide LOS analysis for the bicycle, pedestrian, and transit system, this task will incorporate the results into the Transportation Element, as described below. Auto Mode: Using City provided data, DKS will create maps for the Average Daily Traffic (ADT). DKS will use the City provided Synchro PM peak hour model to map the auto LOS results for up to 130 intersections. This will help with understanding existing congestion in the City. DKS will also document traffic growth trends since 2015. Transit: DKS will incorporate transit LOS from Task 8 into maps or tables. This subsection will also include a summary of existing transit service, route and frequency, ridership volumes, and major stops. King County Metro, Pierce Transit, and Sound Transit may have projects under construction that will be in place at the time of adoption. If so, DKS will incorporate these projects into the Existing Conditions analysis and summary. Bicycle and Pedestrian: DKS will complete an inventory of the existing bicycle and pedestrian network, and create maps. DKS will complete a Level of Traffic Stress (LTS) analysis for the bicycle and pedestrian network, and create maps. The Non -motorized Level of Service results from Task 8 will also be incorporated into maps. DKS will review and summarize the Bicycle and Pedestrian Master Plan, and incorporate this into this section of the Transportation Element. Transportation Demand Management: DKS will summarize the existing Commute Trip Reduction Program and its effectiveness. This will include documenting mode share either city-wide or neighborhood specific depending on available data. Other Subsections: DKS will update all maps, and recommend new maps to the Existing Conditions section of the Transportation Element. Ultimately, this section will show existing facilities, volumes, and LOS and LTS. This section may also include a summary of cross -sections and city street standards, functional classification, and the freight network. Assumptions: • City will provide GIS files and shapefiles for updating • City will provide the base year Synchro file Deliverables: • Updated maps and map files • Meetings with the City and memo summarizing the meetings Task 6 Dip Project Modeling Travel Demand Model Run and Subarea Extraction Using one of the 2044 travel demand models developed in the Model Update project (separate contract), the Consultant will create a "Construction" scenario and a "Build" scenario of the Dip Project. This will include modifying the number of lanes and allowed turns on S 320th Street between I-5 and SR99. The Consultant will PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 7/2021 CITY OF CITY HALL 4 33325Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) $35-7000 www.ortyoffederal way corn complete a model assignment run of the two scenarios and will compare volume to the original 2044 scenario. Depending on the results of the volume comparison, the Consultant shall, as needed, complete a subarea extraction for both scenarios. If the subarea extraction is needed, it is expected to include the following: • S 312`h Street to SW 3301h Street ■ l l th Pl S and Military Road S • Ramp terminal intersections, but no freeways 2044 Dip Project Detail and Model Runs Contractor shall add additional model detail to either the subarea models or the Federal Way models, as determined above, by updating links and nodes in the following area of Federal Way: • S 320th Street between I-5 and SR99 • 21 st Ave S between S 320th Street and S 316th Street • 23rd Ave S between S 3201h Street and S 316th Street • A new roadway "22nd Ave S" between S 320th Street and S 316th Street • Circulator facilities within this area A model assignment run will be completed for both scenarios. The Consultant will post -process volumes at up to twenty (20) intersections for each scenario. Assumptions: • No model calibration will be needed under this task ■ No other travel demand modeling will be completed as part of this project • Synchro and Sidra LOS analysis will be completed under a separate contract • No maps, figures, or documents will be created under this task. Instead, documentation is completed under the separate modeling project contract Deliverables: • Post -processed volumes at up to twenty (20) intersections for each of the two scenarios. Task 7 Future Conditions LOS Analysis Under a separate contract, DKS is developing PM peak hour traffic volumes for future conditions in 2030 and 2044. Under this contract, DKS will create one 2030 and one 2044 PM peak hour Synchro networks and develop LOS results for these scenarios. Each network will contain up to 130 intersections within Federal Way. DKS will create a memo and maps showing PM peak hour auto LOS results at up to 130 intersections for both 2030 and 2044. DKS will identify intersections that are overcapacity or congested, and incorporate this information into the maps. The determination of overcapacity or congested intersections will be based on the new LOS policy developed in Task 8. If the 2030 network requires mitigation, DKS will suggest additional projects to add to the Transportation Improvement Program (TIP). In this case, DKS will work with the City to finalize the TIP project list, and DKS will complete a Synchro analysis of the additional TIP projects under a 2030 mitigated scenario. DKS will produce an LOS table comparing baseline 2030 to mitigated 2030. PROFESSIONAL SERVICES AGREEMENT - 11 - Rev. 7/2021 CITY OF CITY HALL South All Fe d e ra 11�'llay Feder 8w Avenue 8003 Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com Based an analysis of the 2044 baseline scenario, DKS will produce a draft list of Capital Improvement Program (CIP) projects for 2044. This project lists will incorporate vehicle capacity related projects as well as transit and non -motorized related projects. The development of the project list will include testing the projects in Synchro, and coordination with City staff. This project list will be reviewed by City staff, and used in Task 9. After the City has reviewed the project lists, DKS will finalize the analysis of the vehicle capacity projects in Synchro and produce LOS table comparing baseline 2044 to CIP 2044. DKS will complete a memo summarizing results from the LOS analysis and development of the project lists. Assumptions: • This task will incorporate up to two future network scenarios per year, baseline and project list ■ City Staff will provide signal timings and base year Synchro File Deliverables: ■ Memorandum with maps and tables summarizing 2030 and 2044 intersection LOS results, baseline and project list ■ Up to two (2) 2030 PM synchro files, one baseline and one mitigated TIP • Two (2) 2044 PM synchro files, one baseline and one CIP. • Draft list of suggested additional 2030 TIP projects, up to 40 • Draft list of 2044 transportation CIP projects, up to 100 projects Task 8 Multimodal LOS Policies and Updated Concurrency Framework The City's current LOS policy incorporates the nonmotorized network, transit access, and traffic operations to build a multimodal LOS policy. DKS will review the City's existing multimodal LOS policy to ensure compliance with the GMA, PSRC Vision 2050, and city and county -wide planning policies. DKS will recommend modifications to the multimodal LOS policy. Bicycle and pedestrian LOS policy may be based on Level of Traffic Stress (LTS), system completeness, or a combination of both. Transit LOS policy may be based on stop level amenities, access to transit, or travel time comparison to other modes. After the City approves the LOS policy update, DKS will complete a city-wide analysis using the updated LOS policies. Auto level of service will be completed in Tasks 5 and 7, and this task will evaluate the LOS of other modes for both existing conditions and future horizon year. This work will be incorporated into the existing conditions and future conditions sections. DKS will draft a Transportation Concurrency Framework. This task will ensure the concurrency program is up to date with the new Level of Service policy and other City goals and policies. This may include changing to a multimodal concurrency or changing to a neighborhood -specific concurrency. The concurrency framework will be updated with the most recent ITE trip generation rates, City goals for growth, and existing and future expected capacity. Deliverables: • Memorandum,of draft LOS policies, analysis methodology, and citywide analysis results • Draft multimodal transportation concurrency framework PROFESSIONAL SERVICES AGREEMENT - 12 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Task 9 Transportation Needs and Prioritization This task will develop a prioritized list of projects for the 6-year TIP and 20-year CIP developed in Task 7. The City will provide DKS with a draft list of projects. DKS will provide some high-level input to the development of the project list, including highlighting congested corridors and intersections, and gaps in the bicycle and pedestrian network. DKS will develop a planning level cost estimate for the projects. To rank the projects, DKS will determine evaluation criteria with input from City staff. The criteria is likely to incorporate the following: • Traffic operations • Safety • Freight operations + Transit operations • Non -motorized operations • Equity • ITS and emerging technologies • Cost With City input, DKS will weigh the evaluation criteria and create a matrix to prioritize the project list. The new LOS policies developed in Task 8 will be used to help rank the projects. Generally, the projects will be evaluated by how they impact the overall network for all modes. The result of this analysis will result in an implementable and prioritized project list. DKS will create updated maps of the projects. Assumptions: • High level cost estimates will be prepared for all projects with the help of City staff • The City will provide assumptions for the cost estimates based on previous projects Deliverables: • Prioritized project list with high level cost estimates ■ A memo summarizing the prioritization process and results Task 10 Updated Intelligent Transportation Systems (ITS) Plan and Integrate into Transportation Chapter This Task will provide the City an updated ITS Plan addressing developing needs, interagency partnerships, emerging technologies, and third -party data sources. The City can leverage this plan to make strategic technology and data investments to improve multimodal operations, vulnerable user safety, transportation network efficiencies, and interagency partnerships. In collaboration with City staff, DKS will review the 25 ITS projects identified in the 2015 ITS Plan and determine which projects should be updated, revised, or removed. DKS will then establish a standardized asset inventory and management process to understand the existing condition while reducing repeat efforts on future projects. With this information, DKS will consider additional strategies such as advanced controller operation (adaptive, TSP, ATSPMs), multimodal detection and performance metrics, and fiber communication gaps as well as opportunities with video analytics and third -party data sources. DKS will host a workshop with the City to identify operational needs, staffing requirements, and funding opportunities pertaining to these strategies and the City's Transportation Management Center. This Task will conclude with an updated ITS Plan addressing PROFESSIONAL SERVICES AGREEMENT - 13 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www 0offederalway com capital and on -going cost, project predecessors, staffing requirements, and cost estimates. Finally, DKS will prepare a summary of the ITS plan that will be incorporated into the Transportation Chapter. Deliverables: • ITS Plan with inventory spreadsheet and updated project list • ArcGIS Database- ITS assets, proposed projects ■ Summary of ITS related items to include in the Transportation Chapter Task 11 Financial Review DKS will help the City determine funding sources for the transportation improvements and programs. DKS will review data compiled by the City, including historical revenue collections, existing grant commitments, pending grant applications, potential future funding sources, and which projects are eligible for specific funding. DKS will review the existing transportation impact fee program, and will discuss with the City the benefits and costs of adjusting this program. DKS will draft transportation funding policies to encourage adequate investment in both auto and non -motorized modes. Deliverables: • Memo summarizing financial review Task 12 Adoption Process DKS will participate in meetings including City Council, Council Committee, and Planning Commission. DKS will prepare for these meetings and presentations, which may include visual materials for public outreach. Assumptions: • DKS will attend in person up to two (2) Planning Commission meetings, one (1) Council Committee meeting, and one (1) City Council meeting • DKS will prepare up to three (3) visual materials for these meetings for public outreach • DKS will have up to two staff attend each meeting, and each meeting is assumed to be two hours long PROFESSIONAL SERVICES AGREEMENT - 14 - Rev. 7/2021 CITY OF 02w,� %,-, F e d e r a I Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wivw cityoffederalway com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Three Hundred Twenty -Four Thousand Nine Hundred Sixty and 00/100 Dollars ($324,960.00). a, n c Y Fee Estimate DKS Associates Federal Way Transportation Element m O. Z a o m 9 e @ W a C m `a 9 IL C a° t o R t u o _> rp r Inm C ° 9 a q N W $ o Z m t_ ]y ro 'o c n 0 o a m o o m LL u r m U m O m Task 1: Project Management 4 70 1 10 10 10 104 S 21.600.90 8 16 12 12 6 54 5 11,740.00 Task 2: Update Transportation Chapter Text 2 4 10 2 18 $ 3,830.00 Task 3: Transportation Issues Meeting 2 8 4 16 30 5 6,550.00 Task 4: Transportation Vision, Goals, and Policies 2 8 50 16 42 50 168 5 35.230.00 Task 5: Existing Conditions Transportation Data and Analysis 4 24 50 78 5 16.140.00 Task 6: Dip Project Modeling 2 1 24 250 12D 70 466 5 9 290.00 Task 7: Future Conditions LOS Analysis 2 4 8 80 40 134 5 29790.00 Task 8: Multimodal LOS Policies and Updated Concurrency Framework 4 4 J 16 30 30 120 204 S 45,040.00 Task 9: Transportation Needs and Prioritization 4 12 10 20 100 146 $ 31,020.00 Task 10: Update ITS Plan and Integrate into Transportation Chapter 2 16 24 24 66 $ 14.710.00 Task 11: Financial Review Task 12: Adoption Process 12 12 30 54 s 500 00 I$ 11.520.00 Total Hours 48 202 420 03o 170 334 1p BillingRates S27500 :21000 s20000 52"a.W s1go 00Expense'Billing P1IU2r2' DirectTotal Budget 500 $ 324,900.00 rates are shown for tee estimate only. standard billing 2tes Labor Total 5324.4e0.00 PROFESSIONAL SERVICES AGREEMENT - 15 - Rev. 7/2021 CITY OF CITY HALL Z. Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.c ri�a �flr�ci��r.�,'way com EXHIBIT C CERTIFICATE OF INSURANCE PROFESSIONAL SERVICES AGREEMENT - 16 - Rev. 7/2021 r E v f0 0 C a m y � L cv m f0 v C p • • • • a ww n•1 N N N c c O O c V c " E E " E E 2 Q '5 ¢ `o c E `o c E m m iu m H a v F in a o Y2 0 3 a E E a a 0 x x E E o w N m m O K ` O F F v v E w v E v a a v 2 2 0 x x n U E n c a O Ol E E r a a E E x a v c E E o m a F H O > i u u c a v a cc a n Q x w 0 o w O � O 0 w N 0 0 0 O 0 O C v~i v~i vNi Z a c m Q v c yL a 0 g v m O w V Q < a u a o C O Z m o c > "o LL o- a c O p V av Z n 0 O C Ol � .•� N MI M1 E j E o 7 � Z Q a J E a y w � `o E n c F v v v v � a u v V lL > c oco N � m v 0 L E L O u u u E u d U � O C O 00 09 a` U a > > > 0 0 0 3 •> U > > > a a a �O 0 c O O v W a a aL Ou a a a a 3 u a 6 v a v O c0 w N a r o 0 v a v o v 6— > O o a m n m d) c 3 E pp a C a C a U r7 L v 3 A 0 E E E E a `0)42 ^ cl 3 m 3 Y a o a? o E n ` .a>i C L N a — c E c v E c m u E c a o D' v c. c o °' c c 0 v '—° w n_ 47 �1 .m-0 a C c w 9 v n0> O> L . u `v o) 0 O u u 10 L y L a u L -0 a 0O o v00 `000 `000 9 0 76 uEE o • • y • • • w • • • v a u '� u O r r O a` O a E D � o E o o 0 O O O V1 O m p of O c O C 6 C O (U C a m N L p vti a o a ,ti w v v a)o 0 G 0) c o o a o o u C. v 3 0 3 -0 6 E O v u w J o a o p a v w w o o w o o L c a i m L' 0 0 L U c 0 • c 2 0a v c d E W N a c a 'E o) RL m m j c O 6 m E c N� w A p u a SE. 6 �,• w� N c �� w-a'v m o l7 m p a E CL U d '� �1 p l > U o l7 v m m o a 3 „U,O vl o m ° �¢ s ' c = U o a �> o z O U a Q H BUSINESS INFORMATION Business Name: DKS ASSOCIATES DBA DKS ASSOCIATES CORPORATION UBI Number: 601 460 417 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 720 SW WASHINGTON, SUITE 500, PORTLAND, OR, 97205, UNITED STATES Principal Office Mailing Address: 720 SW WASHINGTON, SUITE 500, PORTLAND, OR, 97205, UNITED STATES Expiration Date: 08/31/2024 Jurisdiction: UNITED STATES, CALIFORNIA Formation/ Registration Date: 08/26/2019 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL CONSULTING AND ENGINEERING FIRM REGISTERED AGENT INFORMATION Registered Agent Name: CORPORATION SERVICE COMPANY Street Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1, TUMWATER, WA, 98501, UNITED STATES Mailing Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1, TUMWATER, WA, 98501, UNITED STATES GOVERNORS Title Governors Type GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL Entity Name First Name Last Name CHRIS MACIEJEWSKI PETER COFFEY KASEY DELUCIA MIKE THOMAS BUSINESS LICENSE STATE OF Issue Date: Jul 14, 2023 Profit Corporation Unified Business ID #: 601460417 Business ID #: 001 Location: 0002 DKS ASSOCIATES DBA DKS ASSOCIATES CORPORATION Expires: Aug 31, 2024 DKS ASSOCIATES STE 1250 719 2ND AVE SEATTLE WA 98104-1706 UNEMPLOYMENT INSURANCE - ACTIVE INDUSTRIAL INSURANCE - ACTIVE TAX REGISTRATION - ACTIVE CITY/COUNTY ENDORSEMENTS: VANCOUVER GENERAL BUSINESS - ACTIVE SPOKANE GENERAL BUSINESS - ACTIVE BAINBRIDGE ISLAND GENERAL BUSINESS - NON-RESIDENT - ACTIVE KIRKLAND GENERAL BUSINESS - NON-RESIDENT (EXPIRES 7/31/2024) - ACTIVE RIDGEFIELD GENERAL BUSINESS - NON-RESIDENT (EXPIRES 2/29/2024) - ACTIVE ISSAQUAH GENERAL BUSINESS - NON-RESIDENT - ACTIVE RICHLAND GENERAL BUSINESS - NON-RESIDENT - ACTIVE SPOKANE VALLEY GENERAL BUSINESS - NON-RESIDENT - ACTIVE TUMWATER GENERAL BUSINESS - NON-RESIDENT #F-001123 - ACTIVE SEATAC GENERAL BUSINESS - NON-RESIDENT - ACTIVE MERCER ISLAND GENERAL BUSINESS - NON-RESIDENT #170416 - ACTIVE FEDERAL WAY GENERAL BUSINESS - NON-RESIDENT #15-101431-00-BL - ACTIVE LA CENTER GENERAL BUSINESS - NON-RESIDENT #19-0053 - ACTIVE YAKIMA GENERAL BUSINESS - NON-RESIDENT (EXPIRES 4/30/2024) - ACTIVE am I 'ic:_�. e::. ;urited lor ;Le � n.inr,�a.,�,. � c, ii�. ,�... ,�pN��, lilia (.,�. _.n�, ail, ?6_ iic,�n�.•e� _.. .i'i� , i'ar�nrur:naf. n nn tL. appGr,ui�;n as._ump ..., ..��el❑�c:r�;,, io`Z 'ue< ;,i his,,..lie, l.nm. �::tia a:=u �,•.-ine., JI:�c <r.6:-1 �i.'1�tl:i;�r,il;�. .'.ti..� -t..u., �ai,,dma^;te itl,ti�ucc. �.lii�p.ir�nn•ni.�i....�rnr STATE OF V`IASH'Nr_-r,>; UBI: 601460417 001 0002 DKS ASSOCIATES DBA DKS UNEMPLOYMENT INSURANCE - ASSOCIATES CORPORATION ACTIVE DKS ASSOCIATES INDUSTRIAL INSURANCE -ACTIVE STE 1250 TAX REGISTRATION - ACTIVE 719 2ND AVE VANCOUVER GENERAL BUSINESS - SEATTLE WA 98104-1706 ACTIVE SPOKANE GENERAL BUSINESS - ACTIVE BAINBRIDGE ISLAND GENERAL BUSINESS - NON-RESIDENT - ACTIVE KIRKLAND GENERAL BUSINESS - NON-RESIDENT (EXPIRES 7/31/2024) - ACTIVE RIDGEFIELD GENERAL BUSINESS - Expires: Aug 31, 2024 /I ��� )o-Sm rl mrn1 4ri Reveal ir AC" DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 11/1/2023 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 certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CT Melissa Hall Durham and Bates Insurance PHONE FIB 1211 SW 5th Avenue • 503-224-5170 Arc No: Suite 2800 EA ORES : melissah dbates.com Portland OR 97204 INSURERS AFFORDING COVERAGE NAIC# INSURERA: Valley Fare Insurance Co. 20508 INSURED INSURERB: Transportation Insurance Co. 20494 DKS ASSOCIATES DKS ASSOCIATES, INC. INsuRERc: Continental Insurance Co. 35289 1050 SW 6th Ave, Ste 600 INSURER D : American Casualty Co of Reading, PA 20427 Portland OR 97205 wgtjRFR E - Continental Casualtv Co. 20443 /+A\/CMAf`_00 f`C0TICI1 ATC Idl IMRFI?• 10710WY 7 RFVISION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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. IHSR TYPE OF INSURANCE ADOL`SU D POLICPOLICY NUMBER iMMIDDYEFF IYYYY MMfOO Y LIMITS 7R A X COMMERCIAL GENERAL LIABILITY 6080860327 5/1/2023 5/1/2024 EACH OCCURRENCE $1,000.000 CLAIMS -MADE IF]OCCURP $ 1,000.000 MISES Ea occ rren X MED EXP (Any oneperson) WA Stop Gap $ 15,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000.000 PRODUCTS - COMP/OP AGG $2,000.000 POLICY JECT El LOC WA Sto G $ 1,000.000 OTHER B AUTOMOBILE LIABILITY 6080860053 5/1/2023 5/1/2024 "BINEDtSINGLELIMIT $1,000.000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY i]A AGE Per accident $ C X UMBRELLALIAB OCCUR 6080860246 5/1/2023 5/1/2024 EACH OCCURRENCE $2,000,000 N AGGREGATE $ 2,000,000 0DED EXCESS LIAB CLAIMS -MADE RETENTION $ $ A WORKERS COMPENSATION D AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE 6080860179 6080860263 5/1/2023 5/1/2023 5/1/2024 5/1/2024 ;: I SPETA UTE R E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? F] (Mandatory in NH) NIA E-L. DISEASE - POLICY LIMIT $ 1.000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E Professional Liability Claims Made Form Retro. Date: 5/17/1979 MCH591939154 5/1/2023 5/1/2024 Each Claim Limit Aggregate Limit DeduIXible Each Claim 2,000,000 2,000,000 50.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Federal Way Comprehensive Plan Update Where required by written contract, holder is included as Additional Insured with primary coverage, applying to General Liability per the attached endorsements. CFRTIFICATF HOLDER CANCELLATION City of Federal Way 33325 8th Ave. S. Federal Way WA 98003-6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIIIVVE�-- U 1988-2U15 ACUKU GUKNUKA I IUN. All ngnLs reserves. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Additional Insured — Extended Coverage 4. Boats 5. Bodily Injury — Expanded Definition 6. Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability — Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage — Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation — Blanket 27. Wrap -Up Extension: OCIP, CCIP or Consolidated (Wrap -Up) Insurance Programs CNA74858XX (1-15) Page 1 of 18 VALLEY FORGE INSURANCE COMPANY Insured Name: DKS ASSOCIATES Policy No: 6080860327 Endorsement No: 5 Effective Date: 05/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission CNA Architects, 1. ADDITIONAL INSUREDS CNA PARAMOUNT Engineers and Surveyors General Liability Extension Endorsement a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1-15) Page 2 of 18 VALLEY FORGE INSURANCE COMPANY Insured Name: DKS ASSOCIATES Policy No: 6080860327 Endorsement No: 5 Effective Date: 05/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc, with its permission. CNA Architects, Engineers and CNA PARAMOUNT Surveyors General Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessors real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to. the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Page 3of18 VALLEY FORGE INSURANCE COMPANY Insured Name: DKS ASSOCIATES Policy No: 6080860327 Endorsement No: 5 Effective Date: 05/01/2023 Copyright CNA Al Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Arc h itects, CNA PARAMOUNT Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1- With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED — EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Page 4 of 18 VALLEY FORGE INSURANCE COMPANY Insured Name: DKS ASSOCIATES Policy No: 6080860327 Endorsement No: 5 Effective Date: 05/01/2023 Copyright CNA Al Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Page 5 of 18 VALLEY FORGE INSURANCE COMPANY Insured Name: DKS ASSOCIATES Policy No: 6080860327 Endorsement No: 5 Effective Date: 05/01/2023 Copyright CNA Al Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE —ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Page 16 of 18 VALLEY FORGE INSURANCE COMPANY Insured Name: DKS ASSOCIATES Policy No: 6080860327 Endorsement No: 5 Effective Date: 05/01/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.