028-21 - Transportation Solutions - Contract Amendment 5DocuSign Envelope ID: C3943A6B-6979-4 D33-87E3-OAC FOB FEBODD
11 CITY OF PORT ORCHARD
Authorization for Amendment No. 5
Date: February 28, 2023 Contractor: Transportation Solutions, Inc
Project: On -Call Transportation / 16392 Woodinville Redmond Rd NW,
Traffic Engineering Services Suite A206. Woodinville, WA 98072
Contract / Job # CO28-21
THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT: Section 4 Compensation -
Time and Materials Not to Exceed. Compensation for these services shall not exceed $135,000 (inclusive of all
amounts paid prior to the execution of Amendment No. 5 to this Agreement), without written authorization and
will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit B.
Transportation modeling, analysis, and traffic related consulting requires ongoing On -Call Transportation/Traffic
Engineering Services. Funds are budgeted in the 2023-2024 budget.
In all other respects the Underlying Agreement between the parties shall remain in full force and effect, amended
as set forth herein, but only as set forth herein.
Contract History
Amount Sales Tax Total Date Appvcl b
Original Contract
$20,000.00
$0.00
$20,000.00
09-Feb-21
Council
Amendment 1
$5,000.00
$0.00
$5,000.00
08-Feb-22
Council
Amendment 2
$15,000.00
$0.00
$15,000.00
12-Ma -22
Council
Amendment 3
$25,000.00
$0.00
$25,000.00
13-Se -22
Council
Amendment 4
$0.001
$0.001
$0.00
03-Feb-23
PW Director
Amendment 5
$70,000.001
$0.001
$70,000.00
28-Feb-23
I council
Total Contract $135,000.00 $0.00 $135,000.00
I have reviewed the Amendment information above and certify that to the best of my knowledge
descriptions nd costs are true and accurate.
Cons Rant Approval Signature
I c✓-6- �Ci lam.Y1 < V) Vl r S i eb'1
Printed Name & Title
Change Orders that do not exceed 10%, with a maximum of
$50,000, of either legally authorized budget limit or contract
amount established by City Council can be approved by the Public
Works Director.
Change Orders that do not exceed 10%, with a maximum of
$100,000, of either legally authorized budget limit or contract
amount established by City Council are to be approved by the
Mayor.
Public Works Director
Tony Lang
Printed �cuSignedby:
�' 04cSUU
Approved:
Ma BocuSigned by:
Attest: ( UQLUt'
Ago 96S,
City Clerk
February 28, 2023
Change Orders over $100,000 or exceed a total of 10% require Council Approval Date
Council Action.
.�µPORgT
SEAL
DocuSign Envelope ID: C3943A6B-6979-4D33-87E3-OACFOB FEBODD
Amendment No. 5 to Contract No. 028-21
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH
TRANSPORTATION SOLUTIONS, INC.
THIS AMENDMENT No. 5 to Contract No. 028-21 ("Amendment") is entered into between the City of Port
Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Transportation Solutions, Inc., a
Washington corporation ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this
Amendment.
RECITALS:
WHEREAS, on the 9th day of February 2021, the City executed a Professional Services Agreement for On
Call Transportation/Traffic Engineering Services with the Consultant ("Underlying Agreement"); and
WHEREAS, Amendments 1, 2 & 3 were approved by Council, extending the Underlying Agreement's
termination date to February 12, 2023, and increasingthe Underlying Agreement's "not to exceed" amount
to a total not to exceed amount of $65,000; and
WHEREAS, Amendment No. 4 extended the duration of the Agreement to December 31, 2024; and
WHEREAS, additional On Call Transportation/Traffic Engineering Services are required by the City in 2023
and 2024 that will exceed the current value of the Underlying Agreement, as amended; and
WHEREAS, the Consultant and the City have conferred and agreed to increase the amount of the contract
by $70,000 in anticipation of additional work in 2023 and 2024; and
WHEREAS, the parties wish to memorialize their agreement and so extend the Underlying Agreement;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties
thereto as follows:
FIFTH AMENDMENT TO AGREEMENT:
1. Amendment. Section 4 of the Agreement is hereby amended to read as follows:
Time and Materials Not to Exceed. Compensation for these services shall not exceed $135,000 (inclusive
of all amounts paid prior to the execution of Amendment No. 5 to this Agreement), without written
authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as
Exhibit B.
2. Severability. The provisions of this Amendment are declared to be severable. If any provision
of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision.
Amendment No. 5 to Agreement between City of Port Orchard and Transportation Solutions, Inc.
Contract No. CO28-21
Page 1
Updated 4/2022 IBDR
DocuSign Envelope ID: C3943A6B-6979-4 D33-87E3-OAC FOB FEBODD
3. Entire Agreement. The written provisions and terms of this Amendment shall supersede all
prior verbal statements of any officer or other representative of the parties, and such statements shall not
be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this
Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is
contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment.
Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any
language contained in this Amendment, then this Amendment shall prevail. Except as modified by this
Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent
with this Amendment shall remain in full force and effect.
4. Effective date. This Amendment shall be effective as of February 28, 2023.
DATED this 28th day of February 2023.
CITY OF PORT ORCHARD, WASHINGTON
I9
DocuSigned by:
b �lMaAbtslAU
Robert Putaansuu, Mayor
ATTEST/AUTH E NTI CATE D:
DocuSigned by:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
Charlotte A. Archer, City Attorney
CONSULTANT
gnat re
�l4 C .7Lk 1 C 1,1'7 ii 1-7 f1 , /'' %e S I
Printed Name and Title
Amendment No. 5 to Agreement between City of Port Orchard and Transportation Solutions, Inc.
Contract No. CO28-21
Page 2
Updated 4/2022 IBDR
DocuSign Envelope ID: C3943A6B-6979-4D33-87E3-OACFOB FEBODD
, ^Transportation Sol.utions Scope Of Services
INN.pVA.TIVF` .I PIO.CTIC.AL F �.QQIM111:6
January 20, 2021
TO: K. Chris Hammer, PE, PMP
City of Port Orchard
FROM: Andrew Bratilen, PE
SUBJECT: On -Call Transportation Analysis Scope of Services
This memorandum documents the scope of services for on -call transportation modeling, analysis, and
traffic -related consulting for the City of Port Orchard,
SCOPE OF SERVICES
Each item of work under this Agreement will be provided by task assignment. Each assignment will be
Individually negotiated with the Consultant. The amount established for each assignment will be the
maximum amount payable for that assignment unless modified in writing by Port Orchard. Port Orchard
is not obligated to assign any specific number of tasks to the Consultant, and Port Orchard's and the
Consultant's obligations hereunder are limited to tasks assigned in writing,
Task assignments made by Port Orchard shall be issued in writing by a Task Order Document similar in
format to Attachment 1, Task assignments using Federal Funding wiil require a full Local Agency
Standard Consultant Agreement as outlined in the Washington State Department of Transportation
Local Agency Guidelines,
An assignment shall become effective when a Task Order is signed by the Consultant and Port Orchard,
except that emergency actions requiring a 24-hour or less response can be handled by an oral
authorization. Such oral authorizations shall be followed up with a Task Order Document within four
working days, and any billing rates agreed to orally (for Individuals, subconsultants, or organizations
whose rates were not previously established in the Agreement) shall be provisional and subject to final
negotiation and acceptance by Port Orchard.
BILLING RATES
Services will be billed on a time and material basis according to the billing rates provided in Attachment
2. Transportation Solutions will provide a not -to -exceed fee estimate with each submitted Task Order.
SCHEDULE
Transportation Solutions will propose a schedule in each submitted Task Order.
Attachment 1. Task Order Document
Attachment 2, Transportation Solutions Inc. Staff Billing Rates
16932 Woodinville -Redmond Road I Suite A206 I Woodinville, WA 98072 1 A25-883.4134
DocuSign Envelope ID: C3943A6B-6979-4D33-87E3-OACFOB FEBODD
CITY OF FORT ORCHA,RI) TASK ORDER:
216 Prospect Street
m Port Orchard, WA 98366 ON -CALL SERVICES
g (36o) 874-5533
CITY'S PROPOSAL
City Task order No.: pate: ��,m,
City Information,
City Contact.:
Department:
Phone Number: '
Email:
Consultant Information:
Contract Number:
.
Company Narne,m
Contact Name:
Phone Number: Email:
On Call Services project:
Task Name:
Site Address Location:
Related Permit Number:
Company Name:
Company Contact Name:
Contact Email Address:
Task Order description J Scope of Work:
The scope of work Is described below:
Clty of port Orchard Task Order for On -Call Services
DocuSign Envelope ID: C3943A6B-6979-4D33-87E3-OACFOB FEBODD
CONSULTANT'S RESPONSE
Consultant's Project Number:
Work Tasks
Labor, Materials, Sullies Equipment, Incidentals.
Estimated
Hoursot,_
Estimated
1.
2.
,3
4
5.
6.
90
1a.
11.
12.
w
14.
15.
16.
17,
18.
...
20,
21.
Anticipated Completion Date:
_ Total Estimated Budget.'
; p
APPROVALS
a of work tasks time and budget estimates
Approved by Consultant:
Authorization to Proceed • City of Port Orchard:
By:
By:
Signature:
Title:
Signature:
Title;
Date:
Date, .��..._
_.. .
8111 to • Clty of port Orchard, Accounts Payable, 216 Prospect St., Port Orchard, WA 98366
ap @ cityof portorchord, us
Clty of Port Orchard Task order for On -call Services Page 2 of 2
DocuSign Envelope ID: C3943A6B-6979-4D33-87E3-OACFOB FEBODD
Transport"'o-tion Solutions
INNOVATIVE I PRACTICAL I EQUITABLE
Transportation Solutions, Inc.
2021
HOURLY BILLINGS DATES
Name Title Classification Hourly
Billing Rate
Victor L. Salemann President Engineer Vill $23$;p0
Kirk Harris Principal Engineer Vlll $235.00
David R_Markley
Principal Engineer
Engineer VII
$235.00
Jeffrey P.K.Hee
Sr. Trans Engineer
Engineer V
$168,50
Andrew 1. i3rall'ien
Sr. Trans Engineer
Engineer V
$168.50
Mich.elle.L. Mach
Sr. Trans Engineer
Englneer V
$180.00
Mike Schaefer
Sr. (Engineering Tech
_. Drafting Technician 3
$255.00
Sam Garcia
Engineer II
Engineer II
$105.00
Daniel Hodun
Engineer I
Engineer 1
$100 00
Phil McDonald
Sr, Engineering Tech
Drafting Technician 3
$145.00
Jennifer Salemann
Planner_III
Trans. Planning Specialist 3
$105,00
Jill Berberich
Office Maner��
Administrative Assistant 5
$115.00
EXPENSES
Reimbursable Expenses No Markup
Sub -consultant invoices ANo Markup
Billing rates are subject to change during the year to reflect staff changes.