047-16 - Transportation Solutions, Inc. - ContractCITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 20 day of May 2016, 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.
8250 — 165th Avenue NE, Suite 100
Redmond, WA 98052
Contact: Victor Salemann, P.E., Principal
(hereinafter the "CONSULTANT")
Phone: (425) 883-4134 Fax: (425) 867-0898
for professional services in connection with the following Project:
2016 ADA Transition Plan
TERMS AND CONDITIONS
1. Services by Consultant.
A. 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.
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. 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 Consultant's
reasonable control occur, the parties will negotiate in good faith to determine whether an extension is
appropriate.
B. Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
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3. Terms. This Agreement shall commence on May 24, 2016 ("Commencement Date") and shall
terminate December 31, 2016 unless extended or terminated in writing as provided herein.
Additionally, the City reserves the right to offer two -one year extensions prior to contract
expiration to retain the selected company's services.
4. Compensation.
❑ LUMP SUM. Compensation for these services shall be a Lump Sum of $
X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $100,000.00 Base Bid) 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 material
basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
❑ OTHER.
5. Payment.
A. 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 sixty (60) 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. 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, Consultant will
correct or modify the work to comply with the Agreement. City may withhold payment for such work
until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. 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, national origin,
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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 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 terms 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. Consultant shall obtain a City of Port Orchard business license prior to receipt of 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 City, in whole or in part, and may result
in ineligibility for further work for 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. The 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 Consultant pursuant to this
Agreement shall be submitted to City, and 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. Consultant shall not be entitled to any reallocation of
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cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. 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 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. 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 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 City, shall be forwarded to City at its
request and may be used by 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 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 shall be at the City's risk and without liability to the Consultant.
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 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 to the extent
required by law, subpoena or other court order.
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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 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 reasonable attorneys' fees, arising out of or resulting from the negligent 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 the 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 contractorsand 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.
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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. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
4. 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.
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's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. 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 endorse 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 A:VII.
E. Verification of Coverage
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.
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14. Assigning or Subcontracting. 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 Consultant or by 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
CONSULTANT
Victor Salemann, P.E.
TSI
8250 — 1651i Avenue NE, Suite 100
Redmond, WA 98052
Phone: (425) 883-4134
Fax: (425) 867-0989
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
attorney's 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.
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
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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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set
forth above.
CITY OF PORT ORCHARD,
WASHINGTON
By:
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Mayor /
Date:
Attest:
By:
Br y Rinearson, C
City Clerk
APPROVED AS TO FORM:
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City of Port Orchard and TV
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Scope of Work
City of Port Orchard ADA Transition Plan
Task 1 Project Management
TSI will provide ongoing staff coordination and direction, subconsultant management, progress
reports and invoices.
Budget $5,000
Task 2 Field Inventory
IMS will lead data collection effort. IMS has the equipment and software capability to automate
the collection, evaluation, and storage of facility and barrier information. Surface data will be
collected using high resolution photography during the pavement evaluation survey. The base
budget includes the development of data bases identified below. The base services budget will
provide the initial data needed for the transition plan. The additional services will provide a
higher level of detail relative to sidewalk condition and ADA compliance using the Sidewalk
Surface Tester (SST) and Feet on the Ground (FOG) data validation. This could be accomplished
at a later date based upon the results of the initial survey. The additional services would
provide the city with a full assessment of ADA compliance within the public ROW. The SST could
also assess off-street facilities.
Base Budget $29,800
TSI $2,820
IMS
Curb Ramp Database $6,525
Driveways and Obstructions Database $8,700
Sidewalk Condition Database $4,785
Curb and Gutter Database $5,220
Project Management $1,750
$26,980
Additional Services Budget $32,110
TSI $2,820
IMS
SST Mobilization $3,000
SST and FOG Condition Validation $24,360
Project Management $1,930
$29,290
Task 3 Update ADA Related Street Standards (Additional Services)
TSI will develop standard details for curb ramps, driveway cuts and accessible pedestrian signals
for inclusion in the City's updated Street Standards.
Additional Services Budget $6,500
Task 4 Create Prioritization System for ADA Compliance
TSI will lead the development of prioritization systems considering existing and future traffic
conditions, existing and future land use, and most importantly the location of current
populations that require accessible facilities. The system will provide an effective merger of
ADA driven project prioritization with transportation concurrency driven schedules to maximize
overall benefits to the City's transportation system. The City's travel demand forecasting model
includes housing, employment, and traffic data that will be used to identify areas of high
demand or risk to receive the highest priority in evaluation. This will be combined with input
from individuals and groups that rely on accessible facilities on a geographic basis.
Budget $15,000
Task 5 Develop a Financially Constrained Schedule for Implementing Barrier Removal
TSI will build upon the financial information developed for the Transportation Element of the
Comprehensive Plan and currently available funding levels will be used to make
recommendations for increasing the rate of barrier removal over time. TSI will lead the
development of cost estimating algorithms for use with the barrier database.
Budget $8,000
Task 6 Public Outreach
Public outreach is critical element of the ADA Transition Plan. Alta will lead the Public Outreach
effort working one-on-one with stakeholders, facilitating up to three public meetings,
developing meeting materials, on-line surveys, and project websites. Seeking out those
individuals and groups that rely on accessible infrastructure in Port Orchard will be a key
element of the public outreach plan. Additionally, a discussion of funding needs and potential
funding options is recommend as part of the public outreach process to determine if any
potential local revenue sources such as General Obligation Bonds would be accepted by the
community to accelerate ADA compliance.
Budget $16,000
TSI $4,000
Alta $12,000
Task 7 Incorporate all of the above and Other Information and Guidance as May Be
Applicable and Acceptable to the City, Into a Draft and Final ADA Transition Plan Document
Chris Saleeba (ALTA) will lead the preparation of the Draft ADA Transition Plan Document. The
document will be graphically oriented and prepared in a reader friendly format, web enabled,
and ADA compatible to the extent required. The plans will include:
• A Summary of ADA Activities to Date
• Identification of the City's ADA Coordinator(s) with contact information (Potentially an
independent ADA coordinator for the Public ROW)
• A Summary of the Self -Assessment
• A Summary of the Public Outreach Process
• A Summary of the Prioritization Methodology
• A Summary of the Grievance Process
• A Summary of the Levels of Annual Capital Improvement Plan (CIP) Funding
• A Summary of any new Design Standards for the Pubic ROW
Budget $24,000
TSI $12,000
Alta $12,000
Task 9 City Council Briefings
TSI will be the primary project representative to the City Council. TSI will attend up to three City
Council Meetings for the purposes of providing updates on the progress of the transition plan
and to seek input and direction relative to available funding and priorities for implementation.
Budget $2,200
Total Base Budget $100,000
Total Additional Services $38,610
Grand Total $138,610
i
TS1on Solutions. Inc.
8250 - 165tA Avenue NE
Suite 10D
6edmnad, WA 98052-6628
T 425-883-4134
F 425-887-0898
www.lsinw.com 2016
HOURLY BILLING RATES
Transportation Solutions, Inc.
Classification Hourly Labor
Billing Rate
Principal $225 to $250
Project Manager $18o to $210
Project Engineer/Sr. Engineer $16o to $18o
Transportation Engineer $130 to $16o
Project & Financial Administrators $95 to $110
EXPENSES
Reimbursable Expenses Cost +1o% Markup
Sub -consultant invoices Invoice + 1o%
Markup
Billing rates are subject to change each January and during the year
to reflect staff changes.
C:\Users\Victor_2\Dropboz (TSI)\TSI Projects\2o16\2r6034 Port Orchard ADA\2016-TSI rate schedule byjob
classification.docx
alita
Alta Planning + Design, Inc.
...... " Billing Rates - 2016
Labor Category 1a
$295
Senior Principal
Labor Category 1b
$250
Principal
Labor Category 1c
$225Principal
Labor Category 2
$200
Principal
Labor Category 3
$190
Principal, Senior Associate
Labor Category 4
$175
Principal, Senior Associate
Labor Category 5
$165
Principal, Senior Associate
Labor Category 6
$160
Principal, Senior Associate
Labor Category 7
$155
Principal, Senior Associate
Labor Category 8
$149
Senior Associate, Associate
Labor Category 9
$140
Senior Associate, Associate
Labor Category 10
$135
Senior Associate, Associate
Labor Category 11
$130
Associate, Senior
Labor Category 12
$125
Associate, Senior
Labor Category 13
$115
Associate, Senior
Labor Category 14
$105
Senior, Level 1
Labor Category 15
$98
Senior, Level I
Labor Category 16
$90
Level I, Level II
Labor Category 17
$80
Level I, Level II
Labor Category18
$68
Administration
Labor Category 19
$62
Intern
The charges per hour shown are effective through December 31, 2016 and subject to revision
annually thereafter.
Subconsultants and reimbursable expenses will be charged at cost + 10% markup.
Mileage will be charged at the IRS standard rate.
In-house reproductions will be charged as follows:
Color copies $0.50/ page
Black and white copies $0.10/page
24"x36"large format $15.00/sheet
36"x48"large format $30.00/sheet