041-21 - Technical Systems, Inc. - ContractCITY OF PORT ORCHARD PROFESSIONAL SDRVICES AGREIMDNT
THIS Agreement is rnade effective as of the Ud day of MaLch 202l, 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 (hereinafterthe ((CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895,9029
And Technical Systems Inc (TSI), a corporation, organized urder the laws of the State of
Washington, doing business at:
Teclm isal Systens, Inc,(herei naft el the ((CONSULTANT')
St SW STE B
Lynnwood. WA 98036-7072
Contact:Tirn Hecox Phone:425.678.415L Ernail:timh@tsicontrols.com
for professional services in conneotion with the following Project:
202 1 SCADA Radio Connmn icutiorts D esign/Rudio Licensing/Intplenrcntatlon
TDRMS 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 "g," The services pelforned by the Consultant shall not exceed the Scope of Work
without plior written autholization fi'om the City. In performing such services, the Consultant shall at all
tirnes cornply with all Federal, State, and local laws and regulations applicable to the performance of suclt
services. Tlre Consultant shall perfoun the seryices diligently and cornpletely in accordance with
professional standatds of conduct and performance for Consttltant's profession.
B. The City may from time to time require changes ot' modifications in the Scope of Work.
Such changes, including any deoease or increase in the amount of compensation, shall be agreed to by the
parties and incorpot'ated in lvritten amendments to the Agteement.
2. Schedule of Work.
A. The Consultant shall perfonn the services described in the Scope of Wotk in accot'datrce
with the tasks identified within Exhibit "{" and the terrns of this Agrcement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to detennine whetlrer an
extension is appropriate.
City of Port Orcharrl and Technical S)rletns, Itrc. (TSI)
Public lYorks Projec! No. PIf202l-010
Professional Sertice Agreenrcnt Cotrtract No. C04l-21
U:\Opemrions ltlursrrLsc^DAuozt SCADA Rodio DesignV\dmin\Cor-..,t
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B.
Proceed.
The Consultant is authorized to ploceed with services upon receipt of a written Notice to
4.
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3.Terms. This Agreernent shall comlnence on March 23.2021 ("Cotnmencetnent Date") and shall
tenninate DecembeL 31. 2021. unless extended or terminated in writing as provided herein. The
City reserves the right to offer hvo (2) one-year extensions prior to contract expiration to
retain the selected company's services.
Compensation.
LUMP SUM. Compensation for these services shall be a Lump Surn of $
TIME AND MATERIALS NOT TO EXCEED, Compensation for these services shall not exceed
$56.700.00 without wLitten autholization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "A."
TIME AND MATERIALS. Compensation for these sewices shall be on a time and rnaterials basis
accolding to the list of billing rates and reimbursable expens€s attached hereto as Exhibit "-."
OTHER.
Payment.
A. The Consultant shall rnaintain time and expense records and plovide them to the City
monthty after seryices have been performed, along with monthly invoices in a fot'mat acceptable to the City
for work perfotmed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of leceipt 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 fi'om the date of leceipt and shall pay that portiott of the invoice not in dispute, and
the parties shall irnrnediately rnake evety effort to settle the disputed pottion,
C. The Consultant shall keep cost records and accounts pertaining to this Agleernent available
fol inspection by City representatives fol three (3) yeals after' final payment ttnless a longel period is
required by a third-paLty 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, includingn but not limited to, the
maintenance of a separate set of books and records that reflect all iterns of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 5L08,I95, 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 5l RCW, Industrial Insurance.
E. If the services rendered do not neet the requirernents of the Agreement, the Consultant will
corect or rnodifr the work to comply with the Agreement. The City rnay withhold payment fot'such work
until the wolk meets the requilements of the Agreement.
CiSt sTport Orcharcl md Technical Syslens, Inc. ('ISI)
Pttblic ll/orks Project No. PIy202l-010
Professional Service Agreeuenl Conh'acl No. C041-21
UlOperarions Muager\SCADAuo2l scADA Rndio DesigrMdnrin\Controo\C04 L2l;id;l;r"na-
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5.
6, Discrimination and Compliance with Larvs
A. 'Ihe Consultant agrees not to discriminate against any employee or applicant for
employment or any othel person in the pelformance of this Agreement becattse of race, creed, coloL,
national origin, marital status, sex, age, disability, or other circnrnstance prohibited by fedelal, state, or
local law oL ordinance, except for a bona fide occupational qtralification,
B. Even though the Consultant is an independent contmctor',vith the authority to control and
dir.ect the pefolmance and details of the work autholized under this Agreement, the wolk must meet the
approval of the City and shall be subject to the City's general light of inspection to secure the satisfactory
cornpletion ther.eof. The Consultant agrees to comply with all federal, state and rnunicipal laws, rutles and
reguiations that ar.e now effective or becorne applicable within the terrn(s) of this Agt'eement to the
Consultant's business, equipment and pelsonnel engaged in opemtions covered by this Agreement ot'
accruing out of the petfolnatrce of sttclt operations,
C. The Consultant shall obtain a City of Por"t Olchard business license prior to commencing
work pursuant to a wlitten Notice to Proceed,
D. Violation of this PaLagrapli 6 shall be a rnaterial breach of this Agreement and gfounds for
cancellation, termination, or suspension of the Agreernent by the City, in whole ol in part, and may lesttlt
in ineligibility for furthel work for the City.
7, Relntionship of Partles. The parties intencl that an independent gontractol-client relationship will
be cteated by this Agleement. As the Consultant is customarily engaged in an independently established
trade whioh encompasses the specific service provided to the City hetettnder, no agent, employee,
representative or sub-consultant ofthe Consultant shall be or shall be deemed to be the employee, agent,
rcpresentative or sub-consultant of the City. In the perfolmallce of the work, tlre Consultant is an
indepenclent contLactol with the ability to control and direct the performance and details of the work, the
City being interested only in the lesults obtained under this Agreement. None of the benefits provided by
the City io its ernployees, including but not lirnited to compensation, insurance, and unemployment
insurance, are available flom the City to the employees, ageuts, teplesentatives ot'sub-consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and fol the acts of its agents,
employees, representatives arrd sub-consultants during the perfonnance of this Agteement. The City may,
Aurinj the term of this Agreement, engage other inclependent contractors to perform the same or similar
wollc that the Consultant perfolms heleunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreetnent tnay be terminated by the City at any time for
public convenience, for the Consultant's insotvency or bankruptcy, ot'the Consultant's assignment fof the
benefit of creditors.
B. Termination with cause. Tlris Agreement lnay be terrninated upon the default of the
Consultant ancl the failile of the Consultant to cute such default within a reasonable time after receiving
written notice of the default.
Citl' q7 ptr, Qrchat d awl Technical S)'stenrs' Inc' (I'SI)
Ptrblic ll/orks Project No' PII/2021'010
Professional Service Apreenettl Conh'act No. C04l'2 I
U:\Oicrntions IrtmogersClOeUizt scADA llrdio Dcsisd\Adniltr\Conlnct\C04 Lz l-idl]lotta-
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C. Rights Unon Tertnination.
L WithorWitltoutCar.tse. Upontelminationfolanyreason,allfinishedorttnfinished
doctunents, repol.ts, ol other nraterial or wolk of the Consultant pttrsuant to this Agleement shall
be subrnitted to the Cify, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work colnpleted priol to the date of termination, not to exceed the total
coinpensation set forth helein. The Consultant shall not be entitled to any reallocation of cost,
pr.ofit or overheacl. The Consultant shall not in any event be entitled to anticipated profit on work
not pelfoLmed because of such termination, The Consultant shall use its best effolts to minimize
the compensation payable under this AgLeement in the event of snch tennination. Upon
tennination, the City may take over the wolk and prosecttte the same to completion, by contract or
otltelwise.
2. Defautt. If the Agleernent is tenninated fol default, the Consultant shall not be
entitled to receive any fulther payrnents under the Agreement until all wolk called for has been
fully perfor.med. Any extra cost or damage to the City tesLrlting from snch default(s) shall be
declucted fion any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses inculr.eci by the City in cornpleting the work, including all increased costs fot' cornpleting
the work, and all clamage sustained, ol which rnay be sustained, by the City by reason of such
default.
D, Suspension. The City may suspend this AgLeernent, at its sole discletion' Any
reimbursement for.eipenses incumed due to the srspension shall be lirnited to the Consultant's reasonable
expenses and shall be subject to velification. The Consultant shall rcsume performance of services under
this Agreernent without delay when the suspension period ends.
E. Notice of Termination or Suspension. lf delivered to the Consultant in person, tennination
shall be effective irnrnediately 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 wiiting upon one week's advance notice to the Consultant, Such notice shall indicate the
anticipated period of suipension. Notice may also be delivered to the Consultant at the address sst fofth in
Section l5 herein.
9. Standarrl of Care. The Consultant represents and warrants that it has the lequisite tlaining, skill
ancl experience necessary to provide the services under this Agreement and is appropriately aocredited and
licensed by alt applicabie agencies ancl goverrunental entities, Services provided by the Consultant under
this Agreernent witt be peifonned in a mannet consistent with that deglee of care and skill ordinarily
exercised by members of the same profession cutlently placticing in sirnilar circttmstances.
10. Ownership of Worh Product,
A, All data, rnaterials, reports, lnemoranda, and other documents developed under this
Agr.eement whether finished or not shali becorne the plopelty of the City, shall be forwalded to the City at
its request and may be used by the City as it sees fit, Upon tet'mination of this Agreement pttrsttant to
par.agiaph 8 above, all finished or unfinished docrtments, l'eports, or other matet'ial or work of the Consultant
purruuni to this Agreement shall be subrnitted to the City. Any rcuse or rnodification of such doctttnents,
Cig 67 por, Orchat d and Technicql Slslott,s, Inc. ('l'SI)
Public ll/orks Projecl No. PIr/2021-010
Professional Service lgreement Conh'acl No. C04 l'2 I
U:\O-pcrnions lrluoget\SCaorrU-o:t SCADA Rddio DesigrilAdntirr\Cbntrrct\C0{ l-21-idii0"r"r"-
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repofts or other naterial or work of the Consultant fol 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 writterr information submitted by the City to the Consultant in connection with the
services performed by the Consultant under tltis Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safegualds like information relating to its own btsittess. If such
information is publicly available ol is aheady in tlie Consultant's possession or knorvn to it, or is rightfully
obtained by the Consultant fi'orn thild parties, the Consultant shall bear no responsibility for its disclosure,
inadvefient ol otherwise. The Consultant is permitted to disclose any such infolmation only to the extent
lequired by lalv, subpoena or otlrel corut order.
11. Worh Performed at the Consultnnt's Rish. The Consultant shall take all prcoautions necessary
and shall be rrsponsible for the safety of its ernployees, agents and sub-consnltants in the perfonnance of
the work hereunder and shall utilize all ploteotiotr necessaly for that purpose, All work shall be done at the
Consultant's own risk, and the Consultant shall be responsible fol any loss of or damage to tnaterials, tools,
or other articles used or held by tlre Consultant for use in connection with the work.
12. Indemnification. The Cousultant shall defend, indernnify and hold the City, its officers, officials,
employees, agents and volunteel's hannless flom any and all claims, injrn'ies, damages, losses or srtits,
including all legal costs and attorneys' fees, arising out of or resultiug fi'om the acts, elt'ors or omissions of
the Consultant in perfonnance of this Agreernent, except for injulies or damages caltsed by the sole
negligence of the City.
Should a couLt of competent jurisdiction determine tlrat 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 ploperty cattsed
by or resulting from the concnlrent negligence of the Consultant and the City, its officers, officials,
enployees, agents and volunteers, the Consultant's liability hereundet' shall be only to the extent of the
Consultant's negligence. The provisions of this section shatl survive the expiration or temination of this
Agleement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT TF{E
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 5I RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION, TFIE PARTIES FURTHER ACI(NOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER,
13. Insurance. The Consultant shall plocul'e and maintain for the duration of this Agreement,
insurance against claims fol injuries to persons or damage to property which rnay arise from or in
connection with the perforrnance of the wolk heleunder by the Consultant, its agents, t'epresentatives, or
employees.
A. Minimum Scope of lnsnrance
Consultant shall obtain insnrance of the types descLibed below:
1, Autornobile Liabilitv insurance covering all owned, non-owned, ldled and leased
vehicles, Coverage shall be lvritten on Insurance Sewices Office (ISO) forrn CA 00 0l
or a substitute forrn providing equivalent liability covelage, If necessaty, the policy
shall be endomed to provide contractual liability coverage.
Cit1, o7 por, Orchard and Technical Systenrs, Inc. (TSI)
Public ll'orkt Pt'ojccl No. Ply202 l-0 I0
Professional Set'vice Agreentenl Conlracl No. C04l-21
U:\operotiorslrlorngeilScADAu02ISCAD RndioDcaiSnv\dnrin\Conknc[Co4]'2l'ftBo"r"na-
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2. Cornrnercial General Liability insurance shall be written on ISO occun'ence folrn CG
00 01 oL a substitute folrn providing equivalent liability coveLage and shall covel
liability arising from premises, operations, independent contractors and personal injuty
and advertising injury. The City shall be narned by endolsernent as an additional
insuled under the Consultant's Commercial General Liability insumnce policy with
respect to the wolk perfolmed for the City.
3. Workers' Compensation coverage as required by the Industt'ial Insurance laws of the
State of Washington,
4. Professional Liability insutance appropriate to the Consultant's profession.
B, Minimurn Arnounts of Insurance
Consultant shall rnaintairr the following insurance limits:
1. Autornobile Liability insurance with a minimun combined single lirnit fol bodily
injury and propelty damage of$1,000,000 per accident.
2. Cornrnelcial Genelal Liability insulance shall be r.witten with limits no less than
$1,000,000 each occuLrence, $2,000,000 genelal aggregate.
3. Workers' Compensation Employer's Liability each acoident $1,000,000, Employet's
Liability Disease each employee $1,000,000, and Employer's Liability Disease -
Policy Lirnit $ 1,000,000,
4. Professional Liabilitv insurance shall be written with lirnits no less than $1,000,000
per claim and $1,000,000 policy aggLegate limit.
C. Othei'InsulanceProvisions
The insurance policies are to contain, or be endorsed to contain, the following provisions fot'
Autornobile Liability, Professional Liability arrd Conrnercial General Liability insurance:
The Consultant's insulance coverage sliall be plimary insulance as lespect the City.
Any insurance, self-insulance, ot insut'ance pool coverage rnaintained by the City shall
be excess of the Consultant's iusut'ance and shall not contlibute with it.
2. The Consultant shall plovide the City with written notice of arry policy cancellation,
within two business days of their receipt of sttch notice.
3. The City will not waive its right to subt'ogation 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 ofsubrogation againstthe City, or any self-insul'ance, ot'insurance pool coverage
maintained by tlie City.
Clts' 61por, Orchard mcl Technlcctl S),slenn, lnc. QSI)
Public lllorks Project No. PII|202l-010
Prolcssional Service Agreenrcnt Canlt'acl No, C04l-2 I
U:\oper0riors t\lur0gor\SCADT\\202t SCADA Rndio D€Eisn\Adnin\Corl*^!{ll;tl;idild,tn -
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4. If any coverage is wlitten on a "clairns made" basis, then a minimum of a thlee (3) yeaL
extended reporting period shall be inclr.rded with the claims made policy, and proof of
this extended reporting period plovided to the City,
D. Acceptability of Insulers
Insurance is to be placed with insurerc with a culrent A.M. Best lating of not less than A:VII.
E. Verification of Coverage
The Consultant shall furnish the City with original certificates and a copy of the amendatory
endolsements, including but not necessalily lirnited to the additional insured endoLsernent,
evidencing the insurance requitements of the Consultant before colnlnencement of the wolk.
14, Assigning or Subcontracting, The Consultant shall rrot assign, tmnsfer, subcontract or encnmber
any rights, dr(ies, or intelests accming frorn lhis Agreement without the express prior written consent of
the City, rvhich 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 addrcsses:
Robert Putaansun
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
CONSULTANT
TechnicalSystems lnc-ffi*
Lvnnwood. WA 98036
Plrone: 425.678.4152
Ernail : ti nrh@tsicontrols.corn_
f 6. Resolution of Disputes and Govcrning Larv
A, ShoLrld any dispute, misunderstanding ol conflict alise as to the tetms and conditions
contained in this Agreernent, the rnattel shall fir'st be rcferred to the Mayor, who shall detet'mine the term
or provision's true intent or meaning, The Mayor shall also decide all questions which may adse between
the parties Lelative to the actual selvices provided or to the sufficiency of the perfot'tnance het'eunder.
B, lf any dispute arises between the City and the Consnltant under any of the provisions of
this Agleernent which cannot be lesolved by the Mayor's determination in a reasonable time, ol if the
Consultant does not agree with the Mayor's decision on a dispLrted matter', julisdiction of any resulting
litigation shall be filed in l(itsap County Superiol Court, I(itsap County, Washington.
C. This Agreernent shall be govelned 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 Agteement, the
substantially plevailing party shall be entitled to recovef its costs, disbulsements, and reasonable attomeys'
fees from the other party.
City o1'por1 Ot"hard and Technical S1's1s21s, Inc. (ISI)
Public lYorks Project No. Pr'y2021-010
Professional Set'vice lgreenenl Cotlu'act No. C04l-21
Uloperaliots Nlmiser\ScArrA\2o2 I SCAD/\ Radio DesigMdilirilCbtrtrnct\Co,ll-21;id;i;r"ra-
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17. GeneralProvisions.
A. Non-waiver of Breaslr. The failure of either pafty to insist upon stlict performance of any
ofthe covenants and agreements contained herein, or to exercise any option herein contained in one or mole
instances, shall not be construed to be a waiver or lelinquishment ofsaid covenants, agteements, or options,
and the sarne shall be in full force and effect.
B. Moclification. No rvaiveL, alteration, rnodification of any of the provisions of this
Agreernent shall be binding unless in writing and signed by a duly authot'ized representative of the City and
the Consultant.
C. Severability, The provisions of this Agreernent ale declared to be severable. If any
plovision of this Agreement is fot any reason held by a coult of competent jurisdiction to be invalid or
unconstitutional, snch invalidity or unconstitutionality shall not affect the validity ot'constitutionality of
any other plovision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
atlached hereto, shall supersede all prior verbal statements of any officer or other t'epresentative of the City,
and such statements shall not be effective ol be consh'ued as entering into ol forming a part of ot altering
in any mannel whatsoever, the Agreement or the Agleernent docutnents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which rnay or may not have been dated prior to the executiotr of this Agreement. All of
the above documents are hereby made a part of this Agreernent and form the Agreement document as fully
as if the salne wele set folth herein. Should any language in arry of tlie Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agleernent shall prevail.
18. Title VI
fhe City of Port Olchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C.2000d to 2OO0d-4 and Titte 49, Code of Federal Regulations, Departrnent of Tmnsportation
subtitle A, Office of the Sectetary, Part 21, nondisclimination in federally assisted programs of the
Department of Tlansportatiorr issued pulsuant to such Act, must affirrnatively ittsurc that its contracts
cornply with these legulations.
Therefore, duling the pelformance of tlris Agreernent, the Consultant, fol itself, its assignees, and
successoLs in intelest aglees as follows:
Compliance rvith Regulations: The Consultant will cornply with the Acts and the Regulations
relative to Nondiscrirnination in Federally-assisted progralns of the U.S, Depaftrnent of
Transportation, Federal Highway Adrninistration (FHWA), as they may be atnended fiom time lo
tirne, which are herein incorporated by rcference and made a part of this Agreement.
2, Nontliscriminatiou: The Consultant, with regard to the work perfonned by it during this
Agrcement, will not discrirninate on the gronnds of Lace, color, national oligin, sex, age,
disability, income-level, ol LEP in the selection and letention of subcontractors, including
procul€lnents of materials and leases of equipment. The Consultant will not participate dit'ectly or
Citl, o7por, Orrhard and Technicul S1's1s21s, Inc. (7'Sl)
Public lVorks Ptnject No. PII/2021-010
Pt'ofessional Service Agreeuenl Conlruc! No. C041-21
U:\Opcrntions lr'loagcIISCADAU02l SCADI Rrdio DesigMdlritr\Conlrocl\Co41-21- jiliJtara-
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indirectly in the discliniination plohibited by the Acts and the Regulations as set folth in
Appendix A, attached ltereto and incorporated herein by this rcfercnce, including employnent
practices lvhen this Agt'eement covers any activity, project, or program set folth in Appendix B of
49 C.F.R. part21.
3. Solicitntions for Subcontrncts, Including Procurements of Materials and Equipment: In all
solicitations, either by conpetitive bidding, or negotiation rnade by the Consultant for work to be
performed under a subcontt'act, including procurements of matedals, or leases of equipment, eaclr
potential sr.tbcontlactot'ol suppliel will be notified by the Constrltant of the Consultant's
obligations under this Agreement and the Acts and the Regulations rclative 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 lequiled by
the Acts, the RegLrlations and directives issued pnrsuant theleto and will pemit access to its
books, records, accounts, other sources of information, and its facilities as lnay be detelmined by
the City or the FHWA to be pertinent to asceftain compliance with suclr Acts, Regulations, and
instt'Ltctions. Where any infolmation required of the Consultant is in the exclusive possession of
another who fails or tefitses to fulnish the information, the Consultant will so celtify to tlre City
ol tlre FHWA, as appropriate, and will set forth what efforls it has made to obtain the information.
5. Sanctions for Noncompliance: In lhe event of tlie Consultant's noncornpliance with the Non-
disct'imination provisions of this Agleement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, inclr-rding, but not lirnited to:
L withholding payments to the Consultant under the Agrcement until the contractor
cornplies; and/or
2. cancelling, terminating, or suspending the Agreernent, in whole or in part.
6. Incorporation of Provisions: The Consultant will incltrde the provisions of paragraphs one
thlough six in every snbcontlact, including procurelnents ofrnaterials and leases ofequiprnent,
unless exempt by the Acts, tlre Regulations and directives issued pursuant thereto. The Consultant
will take action witlt lespect to any subcontract or pl'ocurement as the City or the FHWA rnay
direct as a lneans ofenforcing such provisions including sanctions for noncompliance. Plovided,
tlrat 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 intelests of the City. In addition, the Consultant may rcquest the United States to
enter into the litigation to plotect the interests ofthe United States.
IN WITNESS WHEREOF, the palties have executed this Agreement on the day and year set forth
above,
CITY OF PORT ORCI-IARD,
WASHINGTON
By
Robefi
p^11 oR 4
Cil), oJ'Po,'t Orchard
Public lforks Pt'oject
Professional Service
-9eve Haa
^
CONSULTANT
By;
Name:
Title:
l- Drnft.DOCX
Itev 7/18/2019
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U:\Opcrrlions
-010
t,$Loo
ATTEST/A
By
By:
MMC
TB:
City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
Cily ofPorl Orchard and Technical Systents, Ine, (TSI)
Publlc l!/orks PloJect No. Plf202l-010
Professional Set,vlce Ag'eenenl Contrucl No, C04l-21
u{opornions I\tm0BoAscADAuo2l scADARcdio Dcrign\{dmin\cm*,,tTli?idBdin*
l0 of l1
APPENDIX A
During the perfonttance of this Agreement, the Consultant, for itself its assignees, and snccessors in
interest agtees to comply with the following non-discrirnination statutes and aLrthorities; inclucling but not
lirnited to:
Pertinent Non-Discrimination Authoritiest
a
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 mce, color, national origin); and 49 C.F,R. part 21,
The Uniforrn Relocation Assistance and Real Propelty Acquisition Policies Act of 1970, (42
LJ.S,C. $ 4601), (pt'oltibits unfair treatment of persons displaced or whose propelty has been
acquircd because ofFederal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S,C. $ 324 et seq,), (prohibits discrirnination on the
basis ofsex);
section 504 of the Rehabilitation Act of 1973, (29 u.s.c. g 794 et seq.), as amended, (prohibits
disclirnination on the basis of disability); and 49 C.F.R. Paft27;
The Age Disclimination Act of 1975, as amended, (42 U.S.C. g 6101 et seq.), (prohibits
discrirnination on the basis of age);
AitportandAilwayImprovementActof 1982,(49 USC$471,Section 47123),asamended,
(pLohibits clisclirnination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Bloadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Disclimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "progtarns
ot'activities" to include all of the programs or activities of the FedeLal-aid recipients, sub-
recipients and contractors, whethel such plogmms or activities ale Fedelally firnded or not);
Titles II and III of the Americans with Disabilities Act, which pLohibit discrimination on the basis
of disability in the operation of public entities, public arrd pdvate h'anspoltation systems, places
of public accommodation, and certain testing entities (42 U,S.C. gg 12131-12189) as
irnplemented by Depaltment of Transpoftation regulations at 49 C.P,R. par.ts 37 and 38;
The Fedelal Aviation AdrninistLation's Non-discrirnination statute (49 U,S.C, g 47123) (prohibits
discrirnination on the basis of race, color', national origin, and sex);
Executive OLdel 12898, Federal Actions to Address Environrnental JLrstice in Minority
Populations and Low-lncome Populations, rvhich ensures discrimination against minority
populations by discoulaging programs, policies, and activities with disproportionately high and
adverse human liealth or ertvirorunental effects on minority and low-income populations;
Executive Order l3 166, Improving Access to Services for Persons with Lirnited English
Proficiency, and resulting agency guidance, national oligin discdmination inclndes discrirnination
because of lirnited English ploficiency (LEP). To ensnre compliance with Title VI, yon must take
t'easonable steps to -ensrlre that LEP persons have meaningful access to your ptograms (70 Fed.
Reg. at 74087 to 74100);
Title IX of the Education Amendnteuts of 1972, as arnended, which prohibits yon from
discriminating because of sex in education ploglams or activities (20 U,S.C. l68l et seq).
a
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Cily of Porl Orcharct and Technlcal Systetns, fuc. (TSI)
Puhllc lYorks Pt'oject No. Pr'l/2021-010
Pro/essional Semice Agreenrcn! Contrcct No, C04 l-2 I
Ui\OpentiorsNtm0gor\SCADAV02I SCADARsdioDeiign\Adnrin\CqnrRcr\C0{l-?l-id;lJ,"ra-
1l of ll
E,
Design Services:
Rndio Liccnse Coordination:
Implementation Services:
Total Pricc:
Ax
3l10/2021
Tony Lang
City of Port Orchard
Phone # 360"535-2490
Refetence: City of Port orchard - scADA Headend MTU 450MHz Radio system Design
and Inrplernentation
Dcar Tony:
Technical Systems, Inc, (TSI) is pleased to provide a scope for the above referenced
project, This pricing does not inolude tax or any bonding for this work.
Tasksr
l, Provide design servioes for the addition of 450MHz Radio Communications at the
two (2) head-end MTUs at the Public Wolks Shop (one for Water and one for
Sewer). Also provide design of the ladio/PlC upgrades for the McConrrick 450
Reservoir. Subrnit a complete list of all necessary hardware materials for the City
to procurc, Subtnit updated drawings for the sites above showing the installation of
the required hardware. Installation is not part of this scope and will be provided by
others.
2. Provide radio licensing Frequenoy Coordination services for four (4) 450MHz
licensed bands for the City's use. Separate full duplex fiequencies for water and
sewer.
3, Provide lmplementation services including the following (to be performed after the
hardware has been installed by Publio Works staff):
a. PLC programming at the head end to allow communications to radio sites.
b, PLC ploglarnming at the McCormick 450 Reservoir
c. Provide startup and testing for alI equiprnent described above.
4, Provide Operation and Maitttenance Manual (inoludes as-built drawings of MTUs
and McCormick 450 Resewoir RTU).
Pricins:
Techni caI
Systems
Inc.
Corporote Olfice
2303 196tr Street SW
Lynnwood, WA 98036
Tel 425,776.5696
$15,800.00
$6,600,00
s34.300.00
$56,700.00
Exclusions:l. Equipment supply and Installation is not part of this Scope.
Tim Hecox
Technical Systems, lnc.
425-678-4152
t i rtr h(riltsicotttru ls,cqg
Lynnwood, WA Dixon, CA lrvlne, CA
Leaders in fntegrated Water Solutions Since 7970