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,
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Fee Estimate
DKS Associates
Federal Way Transportation Element
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Task 4: Transportation Vision, Goals, and Policies
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42
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4
24
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4
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24
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66
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Task 11: Financial Review
Task 12: Adoption Process
12
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Total Hours
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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
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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
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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
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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.