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AG 18-157RETURN TO: PW ADMIN EXT: 2700 ID #: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ QrTL� a\ ]\ y Wrm \ 2. ORIGINATING STAFF PERSON:_q"�4. EXT: 2.a!SA'� 3. DATE REQ. BY: 3. TYPE OF DOCUMENT (CHECK ONE): CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, Q ❑ PUBLIC WORKS CONTRACT Cl SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME:_���'..i,.�Il 5. NAME OF C"TRYTTO ' ' `� �a 11S _ :� I ale 'Q,S.'D A D CDnSI1}o�►� ADDRESS:!i.TELEPHONE: E-MAIL: (7 / Of/-,i�,�! z� r' C tett ail �� AX _ SIGNATURE NAIIIE: ice; 'Y' l" - l J. 1 TITLE 6. EXHIBITS AND ATTACHMENTS:k SCOPE, WORK OR SERVICES COMPENSATION A INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER ,jeLtREFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/_ UBI #y (%� x,31 f(j 9 EXP. 7. TERM: COMMENCEMENT DATE: COMPLETION DATE: 8. TOTAL COMPENSATION: $ ,loo , ©n (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURL LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: jo RE�TTAMAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED PURCHASING: PLEASE CHARGE TO: I O .1413M - v �� ✓ 10- q ED 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REvIEWEDAEQ INITIAL / DATE APPROVED �f�y,,R �' PROJECT MANAGER DIVISION MANAGER ► 1p!27:�3 10, t 21) DEPUTY DIRECTOR _ DIRECTOR ` t� p 2Z l n g ❑ RISK MANAGEMENT (IF APPLICABLE) X LAW DEPT atj(/t 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: / p B COUNCIL APPROVAL DATE: j Q 11. CONTRACT NTTO VENDOR/CONTRACTOR DATE SENT: (� !' !� �,i DATE REC'D: ✓ v �a TTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBIT CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 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 �T1b; A ThiC a'DPP "mom R. -9 LAW DEPT 'SIGNATORY (yA)LQR OR BfitEET9R) ITY CLERK %1 I ASSIGNED AG # ISENr: SIGNED COPY RETURNED L ETURN ONE ORIGINAL COMM NTS: EXECUTE ORIGINALS C..JAI Li \ ?.�.� v► S Va r1 1/2018 NJIS CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 avtvw citvaffederahvc v cam PROFESSIONAL SERVICES AGREEMENT FOR 2018 ADVISORY SPEED STUDY This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and DN Transportation Planners & Engineers P.S. DBA DN Traffic Consultants, a Washington 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: DN TRANSPORTATION PLANNERS & ENGINEERS P.S. DBA DN TRAFFIC CONSULTANTS: Gary A. Norris, Senior Engineer PO Box 547 Preston, WA 98050-0547 (425) 765-5721 (telephone) .com The Parties agree as follows: CITY OF FEDERAL WAY: Sarady Long, Senior Transportation Planning Engineer 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2743 (telephone) (253) 835-2709 (facsimile) .com 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 March 15, 2019 ("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. 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. PROFESSIONAL SERVICES AGREEMENT - 1 - 3/2017 Clry of CITY HALL '*.... Federal Way 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 avmv cityoffederahvay com 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 Non -Appropriation 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 acknowledge that they have mutually negotiated this waiver. 5.3 Cit 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 PROFESSIONAL SERVICES AGREEMENT - 2 - 3/2017 CITY OF CITY HALL ' Feder �.. Federal Way 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 wmv ciNoflederalwey com 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 $1,000,000 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 limits 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 $1,000,000 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. 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. PROFESSIONAL SERVICES AGREEMENT - 3 - 3/2017 ` CITY OF CITY HALL Federal 111/ay 8th Avenue South Feder Federal Way. WA 98003-6325 (253) 835-7000 mvw v cavoffederalwav com 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. 12. EQUAL 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. PROFESSIONAL SERVICES AGREEMENT - 4 - 3/2017 CITY OF CITY HALL '�.. Fe d e ra I Way 33325 8th Avenue South Federal Way. WA 98003-6325 (253 ) 835-7000 t-mwWyoffedefa4my con) 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 of 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 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 - 5 - 3/2017 CITY OF CITY HALL 4 Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityof ederatway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. DATE: —/� I el�Z#�� ATTEST: J. Ryan all, City Attorney DN TRANSPORTATION PLANNERS & ENGINEERS P. S. DBA Dtj TRAFFIC C SULTANTS: By: Gary Aj4orris, Senior Engineer DATE: STATE OF WASHINGTON ) 1 ,a ) ss. COUNTY OFA K� ) On this day personally appeared before me Gary A. Norris, to me known to be the Senior Engineer of DN Transportation Planners & Engineers P.S. DBA DN Traffic Consultants 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 l8 day of 520('? Notary's signature U-01-9 ,c tary's printed name Pa�n�slc .ry FSTATE BASKER Notary Public in and for the State of Washington. Y RALIC My commission expires �Fc- 2.'2 WASHINGTON res December 22, 2021 PROFESSIONAL SERVICES AGREEMENT - 6 - 3/2017 'tO ` CITY OF CITY HALL '�.... 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253 ) 835-7000 www c+tyoffederalway. com EXHIBIT A SCOPE OF SERVICES The Manual Uniform Traffic Control Devices "MUTCD" mandates a compliance date of December 31, 2019 for horizontal alignment signs. Contractor shall conduct speed studies to determine the safe curve speed (advisory speed) for a vehicle to negotiate curves to help the City comply with this mandate. The City will use the study to determine the appropriate location for turn and curve signs with advisory speed plates. The safe speed study locations are outlined in the East-West and North-South Locations below (See map for locations). The Contractor shall do or provide the following: Contractor shall conduct speed studies to determine the safe curve speed (advisory speed) for a vehicle to negotiate curves. -There are several methods for establishing advisory speed such as Design Method, Global Position System "GPS" Method, Ball -Bank Indictor method, Accelerometer method, etc. Section 2C.08 of the 2009 MUTCD specified "the advisory speed shall be determined by an engineering study that follows established engineering practices." The City will accept any of the established engineering practices method for this study. The contractor shall be responsible for providing the necessary equipment and personnel to conduct the study. Prior to conducting the study, the equipment must be calibrated as recommended/specified by the manufacturer. Data collection procedure should follow the guidance found in FHWA's Procedures for Setting Advisory Speeds on Curves. For the ball bank method and accelerometer method, a series of ball bank readings at various speeds must be taken for each curve. After initial starting speed at either posted or advisory speed, additional runs must be completed at each 5 mph increment in each direction of travel until the ball bank indicator reading exceeds the acceptable maximum (appropriate warning speed is identified). Rerun the test to confirm the speed is correct. A maximum of 4 to 5 runs is estimated for each direction of travel for each curve. The maximum ball -bank readings shall be per the WSDOT Traffic Manual as shown in Table 1 below. If the accelerometers method is used, the lateral acceleration must correlate to the ball -bank reading values. Table 1. Ball Bank Recommend Speed Indications Advisory Speed (mph) Maximum Ball Bank Reading 20 mph or less 140 25 and 30 mph 120 30 mph and greater 101, Source: WSDOT Traffic Manual July 2015 The locations for the speed study are as follows: East-West Location 1. S Star Lake Rd: S 272❑d St — S 275th Pl 2. SR 509: County Line — SR 99 3. SW 312th St: 2nd Ave SW — 10th Ave SW 4. S317 1h St: 23`d Ave S — 281" Ave S 5. SW 320th St: a. 41" Ave SW — 301h Ave SW b. 101h Pl SW —1st Ave S 6. S324 1h St: 11 th Pl S — 23`d Ave S — S 3201h St 7. SW 3301h St - 101h Ave SW: SW Campus Dr -1St Ave S 8. S 333`d St: 8th Ave S — Celebration Park Rd 9. SW 292nd St — 3`d Ave SW — SW 293`d St — 61h Ave SW — SW 294' St — 7thAve SW: 1St Ave S — 81h Ave SW 10. S336 1h St: a. 6th Ave S — 91h Ave S PROFESSIONAL SERVICES AGREEMENT - 7 - 3/2017 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253 ) 835-7000 mvw aryoffederaiway. com b. I-5 - Weyerhaeuser Way S 11. SW 3401h St - Campus Dr SW: a. County Line - Hoyt Rd SW b. 315` Ave SW - 24th PI SW C. 17th Ave SW - 1St Ave S 12. SW 344th St: a. at 35th Ave SW b. at 18" Ave SW C. at 15th PI SW d. 9th Ave S - SR 99 13. S 349th St at Weyerhaeuser Way S 14. S 344th St: Weyerhaeuser Way S - City limit 15. SW 356th St: 1 I 1 Ave SW - 2nd Ave SW 16. S356 1h St: SR 99 -16th Ave S 17. S375 th St at 8th Ave S North-South Location 1. 47th Ave SW - Hoyt Rd SW - 391h Ave SW: SW 320th - SW 342nd St 2. S 364th Way S -12th Ave S: Todd Beamer HS Roundabout - S 373rd St 3. 21St Ave SW: SW 316th St - SR 509 4. 12th Ave SW: SW Campus Dr - SW 344th St 5. 1St Ave S -1St Way S: a. City Limit - S 293rd PI b. S328 1h St - S 348th St C. SW 366th St -1St Way SW 6. 9th Ave S: S 333rd St - S 348th St 7. 8th Ave SW at SW 316th St 8. 10th PI S at S 327th St 9. 21" Ave SW: SW 356' St - 64th Ave NE 10. 11th Pl S -13th Ave S: S 320th St - S 328`h St 11. Celebration Park Rd: 13th Pl S - S 332nd St 12. Redondo Way S: City Limit - SR 509 13. SR 99 a. S 272nd St - S 283rd St b. 18' Ave S - S 312' St C. S336 1h St - S 344' St d. S 359th St - County Line 14. 16th Ave S at S 340th St 15. 24th Ave S at S 330 St 16. 24th Ave S at S 333 St 17. SR 161 (Enchanted Parkway S): S 352nd St - SR 18 SB Off -Ramp 18. 17th Ave S - 20th Way S: S 325th St - S 330th St 19. Pete Von Reichbauer Way S: S 318th Pl - S 320th St 20. 23rd Ave S: S 316th St - S 320th St 21. Military Rd S: a. S 284th St - S 286th PI b. S288 1h St - 31 st Ave S (City Limit) C. S 322nd St - SR 18 22. 32' Ave S: S 3201h St - S 323rd St 23. Weyerhaeuser Way S: S 323rd St - S 342nd St 24. Milton Rd S: SR 161 - S 375th St Documentation PROFESSIONAL SERVICES AGREEMENT - 8 - 3/2017 ` Fe d e ra I Way Feder CITY OF CITY HALL 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 mvw v crtvoffederalvvay. com The consultant shall collect pertinent field data measurements data providing clear information necessary to make determination on the safe curve speed. The study report must satisfy/meet the 2009 MUTCD mandate for safe curve roadway signing evaluations. At a minimum, the recorded information should include location, date, time, weather conditions, driving direction, speed limit driven, recorded reading, existing posted advisory speed limit and/or regulatory speed limit, etc. Below is an example of a form that may be used to record ball bank studies. BALL BANK Road Name: Closest Intersection. Driving Direction: Distance to Intersection t Mile marker Speed Driven (mph) Ball Bank Reading Maximum Recorded Allowed reading (degrees) ldegre") 15 20 Curves 25 W i-1 L R 30 35 40 45 t. 50 W 1-i 55 1. fl 60 Advisory Speed: mph Posted Speed Limit: mph We 1f the advrwry speed is Jess than the Posted Speed Limit_ an advisory speed plate rs nlgirred. WORKSHEET Date Time Weather: By: N of Advisory Speed (mph) Less than or equal to 30 muh Greater than or equal to 3s mnh Curves 1 W i-1 L R Wt -2 l R W 1*L*R W1 14 — t. 3 or W 1-i more 1. fl The contractor shall provide paper printouts organized in folders and an electronic file copy in PDF or other approved alternatives to the City no later than March 15, 2019. As a lump sum contract, no reimbursement for additional labor shall be provided above the scope identified herein. Any errors in data collection requested to be re -done by contractor at the direction of the City shall be corrected with no cost to the City. PROFESSIONAL SERVICES AGREEMENT - 9 - 3/2017 ` CITY OF CITY HALL ''k Fe d e ra I Way 33325 8th Avenue South Federal Way. WA 980038003 -6325 (253) 835-7000 mvw cityoffederaiway. com Advisory Speed Study Locations Mc.•ta �� Des Kent h�lalne?_ [7`1nd 51 �v4 r i W 5 ZHU. S! Legend A 7 S -It. rM �¢ A !w aftlh s _ i � r C Fife 9 Milton 1� J a 0 Edg wVVd PROFESSIONAL SERVICES AGREEMENT -10- 3/2017 ` CITY OF CITY HALL Fe ��' ��� 8th Avenue South Feder Federal Way. WA 98003-6325 (253) 835-7000 mvw cityoffederalway corn EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Eight Thousand One Hundred and 00/100 Dollars ($8,100.00). 2. Method of Compensation: Lump Sum Payment In consideration of the Contractor performing the services, the City agrees to pay the Contractor a fixed/lump sum payment of Eight Thousand One Hundred and 00/100 Dollars ($8,100.00) payable upon completion of services. PROFESSIONAL SERVICES AGREEMENT - 11 - 3/2017 EXHIBIT C ACDRD CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DDIYYYY) ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ' 01/25/2019 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TOP Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10530 19th Ave SE #101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS Everett, WA 98208 Phone: (425) 513-6007 Fax: (425) 338-0275 INSURERS AFFORDING COVERAGENAIC # INSURED INSURER A: Ohio Security Insurance INSURER B: DN Transportation Planners & Engineers PS, Inc. INSURER C: PO BOX 547 INSURER D: Preston, WA 98050 INSURER E: 02/06/19 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR DDT POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED BFS;Ea.AtGi:;:eace. $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY BZS59478952 02/06/19 02/06/20 MED EXP (Any oneperson) $ 15,000 CLAIMS MADE FXI OCCUR PERSONAL &.ADV INJURY $ 1,000.000 GENERAL AGGREGATE $ 2.000.000 IzAil'. LIMIT APPLIF ' PRODUCTS -COMP/OP AGG s2.000.000 itr..•• X F'•^,i ICY kt; AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ 7 OCCUR FICLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EJ_ EACH ACCIDENT $ E_L DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPFCIA! PRnVI.SInN5z bel E -L_ DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The certificate holder is named as additional insured. CERTIFICATE HOLDER City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 ACORD 25 (2001108) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR R LPRCSF N IATIVE S• AUTHORIZED REPRESENTATIVE 'd _ <KT> iq V 4; l ©ACOAb CMPONATION 1988 EXHIBIT C C ���►� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) �- 12/6/2018 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(les) 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 CONTACT NAME' Melissa Canestro Hall & Company PHONE FAX (A/C, No, Ext): 360-626-2006 A/C No): 360-626-2008 19660 10th Ave N E Poulsbo WA 98370 A6DREss, mcaneslro@hallandeampan .com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: RLI INSURANCE COMPANY 13056 INSURED DNTRANS-01 INSURER B: AXIS Insurance Company 37273 DN Transportation Planning & Engineering dba DN Tr PO Box 547 INSURERC: Preston WA 98050 INSURER D: MED EXP (Any one person) $ 10,000 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1399535344 REVISION NUMBER: 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. AD 01 E INSR .;SUHR POLICY FF POLICY EXP TYPE OF INSURANCE LTR INWVQ POLICY NUMBER IMM,DD(YYYY) JMWDD7YYYY LIMITS - A X COMMERCIAL GENERAL LIABILITY PSB0006594 10/13/2018 10/13/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X J OCCUR DAMAGE T(YtiENTED PREMISES /Ea occurren-) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY_ $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000.000 Fq JEC POLICY LOC PRODUCTS -COMP/OP AGG $ 2.000,000 OTHER: A AUTOMOBILE LIABILITY PSB0006594 10/13/2018 10/13/2019 COMBINED SINGLE LIMIT $ 1,000,000 _(Ea acciden(Z ANY AUTO BODILY INJURY (Per person) OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS ONLY AUTOS �PRO )( HIRED IX NON -OWNED PERTYDAMAGE $ T Per accident AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ A WORKERS COMPENSATION PSB0006594 10/13/2018 10/13/2019 PER X OTH- STATUTE ER_., WA Stop GaP AND EMPLOYERS' LIABILITY YIN N ANYPROPRIETOR/PARTNER/EXECUTIVE _ E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE; $ 1,000,000 (Mandatory in NH) If yes, describe under --- -- DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 B Professional Liab;Claims Made AEA002928012017 10/1/2017 10/112019 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The certificate holder is an additional insured per the attached. li q i1 t 1111"-,§ 1 MaN10J81#1atG , -1IiI1 J4zIa IF-1aLL■J, City of Federal Way 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 REPRESENTATIVE ith C44 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT C Policy Number: PSBI1006594 RLI Insurance Company Named Insured: DN Transportation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the 'personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1