006-22 - Transportation Solutions, Inc. - ContractCITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
Contract No. 006-22
THIS Agreement is made effective as of the 1 st day of January, 2022, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address
is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and Transportation Solutions, Inc., a corporation, organized under the laws of the State of
Washington, doing business at:
Transportation Solutions, Inc.
16932 Woodinville -Redmond Rd
Suite A206
Woodinville, WA 98072
Contact: Andrew Bratlien, P.E.
(hereinafter the "CONSULTANT")
Phone: 425.883.4134 ext.105 Fax: 425.867.0898
for professional services in connection with the following Project:
Update of the City Comprehensive Plan Transportation Element
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A". The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City. In performing such services, the Consultant shall at all
times comply with all Federal, State, and local laws and regulations applicable to the performance of such
services. The Consultant shall perform the services diligently and completely in accordance with
professional standards of conduct and performance for Consultant's profession.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
UAA_Nick Bond\2021 Projects\Traffic Element Update\TSI Contract\TSI Contract 2022 Transportation Element Update.DOCX
Rev 7/18/2019
1 of 10
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Terms. This Agreement shall commence on January 1, 2022 ("Commencement Date")
and shall terminate June 30, 2024 unless extended or terminated in writing as provided
herein.
4. Compensation.
❑ LUMP SUM. Compensation for these services shall be a Lump Sum of $
❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$117,400 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "B".
❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis
according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
❑ OTHER.
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer -
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant 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.
6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
UAA_Nick Bond\2021 Projects\Traffic Element Update\TSI Contract\TSI Contract 2022 Transportation Element Update.DOCX
Rev 7/18/2019
2of10
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor -client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees, including but not limited to compensation, insurance, and unemployment
insurance, are available from the City to the employees, agents, representatives or sub -consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub -consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
UAA_Nick Bond\2021 Projects\Traffic Element Update\TSI Contract\TSI Contract 2022 Transportation Element Update.DOCX
Rev 7/18/2019
3of10
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as
stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City's risk.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant's possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
UAA_Nick Bond\2021 Projects\Traffic Element Update\TSI Contract\TSI Contract 2022 Transportation Element Update.DOCX
Rev 7/18/2019
4of10
11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of
the Consultant in performance of this Agreement, except for injuries or damages caused by the sole
negligence of the City.
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 Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
UAA_Nick Bond\2021 Projects\Traffic Element Update\TSI Contract\TSI Contract 2022 Transportation Element Update.DOCX
Rev 7/18/2019
5of10
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000,000.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
E. Verification of Coverage
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
UAA_Nick Bond\2021 Projects\Traffic Element Update\TSI Contract\TSI Contract 2022 Transportation Element Update.DOCX
Rev 7/18/2019
6of10
The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
Andrew Brathen, P.E.
Project Manager
Transportation Solutions, Inc.
16932 Woodinville -Redmond Rd NE
Suite A206
Woodinville, WA 98072
Phone: 425.883.4134
Fax: 425.867.0898
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees from the other party.
17. General Provisions.
A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
UAA_Nick Bond\2021 Projects\Traffic Element Update\TSI Contract\TSI Contract 2022 Transportation Element Update.DOCX
Rev 7/18/2019
7of10
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
UAA_Nick Bond\2021 Projects\Traffic Element Update\TSI Contract\TSI Contract 2022 Transportation Element Update.DOCX
Rev 7/18/2019
8of10
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
Incorporation of Provisions: The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Consultant may request the City to enter into any litigation
to protect the interests of the City. In addition, the Consultant may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the pailies have executed this Agreement on the day and year set forth
above.
CITY OF PORT ORCHARD, CONSULTANT
WASHINGTON TON / .
B:
1 {]*a Mayor f(> %"eyj l L '
Name: �Jl L'TW �'�I i>��'1t4 hi�l
y !-
Title: jCr2 s r c l e—,,
ATTE ' ' UT N' E:
By.
rai dy nearson, MMQ,%,. 0'� F'[i 7 �10,/rf,J
City Clerk ' 'K P �
,ti �i J=
_ EAR,
APPROVED AS TO FORW, ;,10 Q)
By: -� - ,•
Charlotte A. Archer, City
City of Port Orchard and —ansporlalion Solutions, lnc.
Professional Service Agreement Contracl No.
CnUmrS,Ownei',AppData,Loeal,Mierosofl+Wi.dows.INeiCache,Conteni 0utlook%7_CPC%VLQQ•1 SI Conimct 20221ran5pornn ion Clemem Update (002) DOCX
Rev 7/18/2019
9of10
APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
UAA_Nick Bond\2021 Projects\Traffic Element Update\TSI Contract\TSI Contract 2022 Transportation Element Update.DOCX
Rev 7/18/2019
10 of 10
ATTACHMENT A
City of Port Orchard Transportation Element
Update Preliminary Scope of Work
Transportation Solutions, Inc.
GENERAL
This scope of work is intended to support the City of Port Orchard in updating the Transportation
Element of the Comprehensive Plan to satisfy Growth Management Act periodic update requirement.
Transportation Solutions proposes the following Core Work Elements:
1. Project Management/QC
2. Travel Demand Model Update
3. Level of Service Evaluation
4. Analysis for Update of the Transportation Element
5. Prepare Transportation Element
6. Meetings and Presentations
Additional transportation services may include, but are not limited to the following Optional Services:
7. Review Transportation Concurrency Policies
8. Functional Classification Update
CORE WORK ELEMENTS
Task 1. Project Management and QC
This task includes project setup and closeout, day-to-day management of staff, ongoing communication
with the City, vendor management, and preparation of monthly invoices and progress reports.
Task 2. Travel Demand Model Update
This task provides for an update of the City's existing travel demand model to forecast the future traffic
generated by the City's updated housing and employment forecasts.
Task 2.1 Collect and Review Citywide Traffic Counts
Identify locations for weekday 4-6 PM peak hour intersection turning movement counts and
weekday 48-hour tube counts on City streets and critical access routes to the City. Traffic counts
will be used for existing conditions analysis and travel demand model calibration. This scope and
fee proposal includes budget for up to 55 intersection counts and up to 5 48-hour tube counts.
Task 2.2 Collect and Verify Land Use Data
Verify and update the model's housing and employment inventory to reflect current conditions.
Transportation Solutions will work with City staff to determine the current inventory.
After confirming existing land use, Transportation Solutions will work with City staff to confirm
and refine housing and employment forecasts based on PSRC Vision 2050 allocations and City
staff feedback. Housing and employment growth will be identified for each Transportation
Analysis Zone in the Port Orchard travel demand model. This scope includes budget for up to
three 2050 land use alternatives.
Page 1 of 5 10/29/2021
Task 2.3 Recalibrate Travel Demand Model
Transportation Solutions will update and recalibrate the Port Orchard travel demand model to
provide a model suitable for long-range planning applications. The model will be updated in
three major areas: transportation network architecture (supply), trip generation/distribution/
assignment parameters (demand), and general model procedures and settings which influence
assignment results. The validated base year travel demand model will form the basis for future
travel demand forecasts.
Task 2.4 Develop Pipeline Travel Demand Model
Transportation Solutions will build a pipeline travel demand model which will include permitted
unoccupied development to provide a near -term assessment of traffic growth. This model could
also form the basis for future development review and concurrency testing.
Task 2.5 Develop 2050 Travel Demand Model
Develop 2050 travel demand model that will include up to three land use or transportation
network alternatives. The travel demand model will calculate 2050 PM intersection turning
movement volumes for all study intersections.
Task 3. Level of Service Evaluation
This task provides for the update of a citywide intersection operations (Synchro) model to provide Level
of Service (LOS) calculations for all collector and arterial intersections citywide. This task includes budget
for analysis of up to three 2050 land use or transportation network alternatives.
Task 3.1 - Develop Base Year Intersection Operations Model
Update citywide intersection operations (Synchro) model. Verify current channelization and
control type through field visits and review of aerial and street -level photography. Obtain
current traffic signal timing plans from WSDOT. Input current traffic volumes based on PM peak
hour traffic counts. Intersection analysis parameters will be defined with consistency to WSDOT
Synchro analysis protocol.
Task 3.2 - Develop Pipeline Intersection Operations Model
Develop pipeline intersection operations model that will include permitted unoccupied
developments to provide a near term assessment of traffic operations. This model can form the
basis for future transportation concurrency management.
Task 3.3 - Develop 2050 Intersection Operations Model
Develop 2050 intersection operations model based on 2050 travel demand forecast and any
baseline transportation network improvement assumptions as provided by City staff.
Task 3.4 - Update Segment Levels of Service
Update existing and future segment LOS analysis based on updated traffic volumes and network
conditions. Identify segment LOS deficiencies.
Page 2 of 5 10/29/2021
Task 4 — Analysis the Transportation Element Update
Transportation Solutions will support the City in the update of the Transportation Element of
the Comprehensive Plan. It is anticipated that TSI's role will include technical analysis, text
revisions, and graphics updates for the Transportation Element.
Task 4.1 - Document Land Use Assumptions for Model
Collaborate with City staff to ensure that the land use assumptions used in the Transportation
Element and travel demand forecasts maintain internal consistency with the Land Use Element
of the Comprehensive Plan, per GMA requirements. Land use assumptions will be documented
and incorporated into the Transportation Element update.
Task 4.2 - Update Inventory of Existing Transportation Facilities
Update the City's Transportation Element facilities inventory, including figures and tables, based
on review of Google Maps, Bing Maps, and Kitsap County imagery in addition to a windshield
survey field review.
Task 4.2 — Safety Analysis
Obtain citywide crash history data from WSDOT for the most recent available five-year period.
Crash analysis will include identification of high -crash locations and summaries of predominant
crash types and severities by location. A citywide crash "heat map" will be developed for
inclusion in the Transportation Element.
Task 4.3 - Document Actions Needed to Bring Facilities in Compliance
Identify base year intersection LOS and identify actions needed, if any, to meet LOS under
current conditions. Transportation Solutions will update text and graphics.
Task 4.4 — Document Traffic Forecasting Methods and Assumptions
Document the modeling procedures used to generate the 2050 traffic forecast. This task will
include development of text, tables, and graphics for inclusion in the Transportation Element.
Task 4.5 - Document Local System and State Needs
Develop an improvement list based upon the results of the 2050 LOS analysis for City and State
facilities. Transportation Solutions will update plan text, tables, and figures.
Task 4.6 - Develop Nonmotorized Transportation Component
Develop a pedestrian and bicycle planning component for the Transportation Element. [RCW
36.70A.070(6)(a)(vii)].
Task 4.7 - Document Existing and Planned Transportation Demand Management (TDM) Strategies
Update the Travel Demand Management section of the Transportation Element which will
identify existing and possible future TDM strategies. [RCW 36.70A.070(6)(a)(vi)].
Task 4.8 - Assist with Multi -Year Financing Plan
Assist with creating the multi -year transportation financing plan.
Task 4.9 - Document Intergovernmental Coordination Efforts
Update the Transportation Element discussion on intergovernmental coordination and
document the Port Orchard travel demand model's tie-ins with PSRC Vision 2050.
Page 3 of 5 10/29/2021
Task 5 - Prepare Transportation Element
Prepare a draft and final version of the Transportation Element in PDF format from review by
City staff and the public.
Task 5.1 - Prepare Draft Transportation Element
Prepare a draft Transportation Element for review and comment by the City. City staff will
return all comments within two weeks of submission by Transportation Solutions.
Task 5.2 - Prepare Final Transportation Element
Prepare a FINAL Transportation Element. Transportation Solutions will provide an electronic
copy to the City within 2 weeks of receipt of comments from the City.
Task 6 - Meetings and Presentations
Prepare material for and attend meetings as detailed below.
Task 6.1 - Prepare Presentation Materials
Prepare materials to include display boards and/or PowerPoint slides of key information related
to the Transportation Element update.
Task 6.2 - Attending Meetings
Attend up to three public meetings related to the Comprehensive Plan update. This may include
presentations to the Planning Board and/or the City Council.
OPTIONAL SERVICES
Task 7. Review Transportation Concurrency Policies
Review Port Orchard transportation concurrency standards, including frontage improvement
requirements. Propose updates as necessary based on Transportation Solutions and City staff feedback
and improve consistency between Comprehensive Plan policies and Port Orchard Municipal Code.
Task 8. Functional Classification Update
Transportation Solutions will assist the City in updating the functional classification for Blueberry Rd and
up to three other routes within City limits, as desired. This work includes completing Functional
Classification Change Request forms for submittal to WSDOT.
Page 4 of 5 10/29/2021
COST ESTIMATE
We propose a budget not to exceed $98,750 to complete the core work elements described above. This
includes expenses of up to $8,500 to collect up to 55 intersection turning movement counts and 5 48-
hour volume counts. Estimated budget for completion of the optional work elements is $18,650, for a
total budget of $117,400. Estimated cost by task is summarized below.
Task
Staff Hours
Budget
1. Project Management and Quality Control
40
6,650
2. Travel Demand Model Update
116
16,850
3. Level of Service Evaluation
62
9,050
4. Analysis for Transportation Element Update
193
30,100
5. Prepare Transportation Element
136
19,600
6. Meetings and Presentations
44
8,000
7. (Optional) Review Transportation Concurrency Policies
60
11,750
8. (Optional) Functional Classification Update
42
6,900
Direct Expense: Traffic Data Collection
8,500
Total (without Optional Work Elements)
98,750
Total (with Optional Work Elements)
117,400
Additional work beyond the tasks described above will require written authorization to proceed. Written
authorization may be in the form of an email that acknowledges the additional work authorization.
SCHEDULE
Anticipated completion dates by work element are summarized below.
Task
Completion
1. Project Management and Quality Control
Ongoing
2. Travel Demand Model Update
Winter 2021/2022
3. Level of Service Evaluation
Winter 2021/2022
4. Analysis for Transportation Element Update
Summer 2022
5. Prepare Transportation Element
Fall 2022
6. Meetings and Presentations
Summer/Fall 2022
7. (Optional) Review Transportation Concurrency Policies
Summer 2022
8. (Optional) Functional Classification Update
Spring 2022
We will refine the project timeline during the preliminary project planning and kickoff stage. The
schedule may fluctuate depending on the availability of local agency staff and data collection.
Victor Salemann, P.E., will be the Principal in Charge and a secondary contact. I will be the project
manager and project engineer responsible for the day-to-day management of this effort and your
primary contact. Other Transportation Solutions staff will be involved to assist with the quality and
timeliness of the project.
If you have questions, please feel free to call or email me at your convenience.
Page 5 of 5 10/29/2021
ATTACHMENT 6 - COST ESTIMATE
We propose a budget not to exceed $98,750 to complete the core work elements. This includes
expenses of up to $8,500 to collect up to 55 intersection turning movement counts and 5 48-
hour volume counts. Estimated budget for completion of the optional work elements is
$18,650, for a total budget of $117,400. Estimated cost by task is summarized below.
Task Staff Hours
Budget
1. Project Management and Quality Control
40
6,650
2. Travel Demand Model Update
116
16,850
3. Level of Service Evaluation
62
9,050
4. Analysis for Transportation Element Update
193
30,100
5. Prepare Transportation Element
136
19,600
6. Meetings and Presentations
44
8,000
7. (Optional) Review Transportation Concurrency Policies
60
11,750
8. (Optional) Functional Classification Update
42
6,900
Direct Expense: Traffic Data Collection
8,500
Total (without Optional Work Elements)
98,750
Total (with Optional Work Elements)
117,400