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002-19 - Resolution - Transportation Solutions, Inc. to Update the City's Traffic Impact Fee Study and Transp. ModelRESOLUTTON NO. 002-19 A RESOTUT ON OF THE CITY OF PORT ORCHARD, WASH NGTON, APPROV NG A PERSONAL SERVICES CONTRACT WITH TRANSPORTATION SOLUTIONS, INC TO UPDATE THE CITY'S TRAFFIC MPACT FEE STUDY AND TRANSPORTAT ON MODEL CAt BRATION. WHEREAS, the City of Port Orchard is required to maintain and update its traffic impact fee calculation rate pursuant to Chapters 20.180 and 2O.L82 of the Port Orchard Municipa! Code; and WHEREAS, the traffic impact fee calculations require transportation engineering expertise beyond that which is possessed by the City; and WHEREAS, the city maintains a transportation model that provides critical information related to calculating traffic impact fee rates; and WHEREAS, the City solicited personal services proposals for this work by sending requests for proposals to three firms selected from its MRSC consultant roster (see exhibit D attached hereto); and WHEREAS, on November 30, 20L8, the attached RFP (Exhibit E) was sent to Fehr and Peers, Transpo Group USA, Inc., and Transportation Solutions, lnc. with a response deadline of December t7 ,2OL8; and WHEREAS, Transportation Solutions lnc. ("TSl") was the only consultant to respond to this request for proposals; and WHEREAS, the proposal submitted by TSI demonstrates that TSI is qualified to complete the requested work; and WHEREAS, the City wishes to use the services of TSI to update the traffic impact fee calculations and to calibrate its transportation model, since TSI exclusively developed the City's transportation model, transportation plan and traffic impact fee, and has extensive familiarity with the City's traffic modeling requirements and procedures, now, therefore; THE CITY COUNC L OF THE C TY OF PORT ORCHARD, WASH NGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor is authorized to execute the personal services contract (attached hereto as Exhibits A, B and C) between the City and Transportation Services, lnc., attached hereto, in an amount not to exceed 525,000. Resolution No. 002-19 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 19th day of February 2OL9. i 3P o Robert Putaan u, Mayor ATTEST: Bran , MMC, City Clerk a s'a a a a a a a a Exhibit A To Resolution 002-19 CITY OF PORT ORCHARD PERSONAL SERVICES AGRDEMENT THIS Agreement is made effective as of the 12il' day of February 2019, 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 Poft Orchard, Washingon 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: 8250 165'h Ave NE #100 Redmond, WA 98052 (hereinafter the "CONSULTANT") Contact:VictorSalemann Phone:425-883-4134 Emai[:victors@tsinw.com for personal services in connection with the following Project: Transportotion Impact Fee Update and Tronsportation Model Calibration TERMS AND CONDITIONS 1. Services by Consu tant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "B." 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. The Consultant shall perform the services described in the Scope of Work in accordance with thc tasks identificd within Exhibit "B" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the partics will negotiate in good faith to determine whether an extension is appropriate. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms, This Agreement shall comrnence on February 13,2019 ("Commencement Date") and shall terminate on Decernber 31,2019, urnless extended or terminated in writing as provided Ciry of Porl Orchard and lTznsp6rtation Solutions, lnc Public Works Project rVo. ruln Personal Services Agreemenl Conlracl No, OZI-'|S U:\City council DRAITTUoI9\oI_Fob l2\TSI Contmct Tndlc llrlnct t* ,*t"r%!,;;il Pcronrl Sorviccs Conlnc.doc (with sBC cdits) I 24 l9.docx I of E Exhibit A To Resolution 002-19 Iterein. The City reseryes the right to offer two (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 Lr,rmp Sum of $ TIME AND MATEzuALS NOT TO EXCEED. Cornpensation for thesc services shall not exceed $25,000.00 without written authorization and will be based on the list of bitling rates and reimbursable expenses attached hereto as Exhibit "C." 'l'lME AND MA'I'EzuALS. Compensatlon 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 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 thc invoice. B, All invoices shall be paid by City warrant within thirly (30) days of receipt of a proper invoice. tf 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 immcdiately make every effort to settle the disputed portion. C. The Constlltant 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 Agreernent (or shorlly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not lirnitecl 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) 5 1.08.195, as required by law, to show that the servioes perfonned by the Consultant under this Agreement shall not give rise to an employer-ernployee relationship between the parties, which is subject to Title 5l RCW, Inclustrial Insurance. E. If the services rendered do not meet thc requirements of tlre Agreement, the Consultant will correct or modify the work to comply with the Agreement. 'l'he City rnay withhold payment for such work until the work meets the requirements of the Agreement. City o! Port Orchard andTransportation Solutions, lnc Public l(orlu Prtlecl Mo. 1174 Personal Services Agreemenl Conlracl No. OZS-lg U:\City Council DRAFI\2019\03-Fob l2\TSI Cmlrocl Tnfllc tnp-ciETfrirc\3 Exhibit A TSI Pcrsonal Servic6 Contnd.doc (wirh SEC odirs; 1.24.19 docr Rev l29f20l8 2 of 8 4. f X ! T OTHER. Exhibit A To Resolution 002-19 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employrnent or any other person in the performance of this Agreement because of race, creed, color, national origin, rnarital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupatioual qualification. B. Evcn though thc 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 mect the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory cornpletion 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 tbr the City. 7. Relationship of Parties. The parties intend that an independent confractor-client relationship will be crcatcd by this Agreemcnt. As the Consultant is customarily engaged in an independently established trade rvhich encompasses the specific service provided to thc 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 ttnemployment insttrance, are available from the City to the employees, agents, representatives or sub- consultants of the Consultant. Thc Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, rcpresentatives and sub-consultants during the performancc of this Agreement. 'l'he City may, during the term of this Agreement, engage other independent contractors to perform the sarne or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Tcrmination without caUse. This Agreement may be terminated by the City at any time for public couvenience, for the Consultant's insolvcncy or bankruptcy, or the Consultant's assignment for the berrefit of creditors. B. Termination with cause. This Agreement rnay be terminated upon the default of the Consultant and the failure of the Consr,rltant to cure such defautt within a reasonable time after receiving written notice of the default. City of Porl Orchard and Transportation Solutions, lnc. Public lltorks Project Ho. !!/A P ersonal Services A greemenl Contract Mo. Ozs-t g u:\City coucil DRAPT\201e$3-Pob IATSI Contr*tTrirrc lrn.ct,. *ilt?}t i;iiForprrl Scrvicct Contrrcr &c (wirh SP.Codirs) I 24 !e docx 3 of E Exhibit A To Resolution 002-19 C. Rights Upon Ter_rlrna[iqn. l. lffith or kVithout Cause. Upon terminatiou for any reason, all finished or unfinished documents, repofts, or other material or work of tlre 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 oycrhcad. The Consultant shall not in any event be entitled to anticipated profit on work not perfonned because of such tcrmination. The Consultant shall use its best eflorts to minimize the cornpensation 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 Agreetnent 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 incurrcd by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which nray be sustained, by the City by reason of such default. D. Susoension. The City may suspcnd this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limlted to the Consultant's reasonablc expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreernent 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 suspcnsion 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 cxpcricncc ncccssary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governrnental entities. Services providcd by the Consultant under this Agreement will be perforrned in a lnanner consistent with that dcgrcc of care and skill ordinarily exercised by members of the same prot-ession ourrently 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 becorne the property of the City. shall be forwarded to the City at its requcst and rnay be uscd by thc City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or othcr material or work of the Consultant pursuant to this Agreement shall be subrnitted to City. Any reuse or rnodification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Cousultant in its scope of services under this Agreernent shall be at the City's risk. City of Port Orchard and Transporrarion Solutions, tnc Public Works Projecl /Vo. MA Personal Services Agreement Contract No. ozg-tg U:\Cily Council DRAFT\2019\01_Pob I2ITSI CoalrxtTraIIic hpmt Fcc [Jpdato\!Exhibit A TSI hrsonal Sorvicts Conrsd &c (wlh S EC cdit!) 1. 2,1. l g. docx Rev lD9l20l8 4 of 8 Exhibit A To Resolution 002-19 B. All written inforrnation submitted by the City to the Consultant in connection witlr 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 othenvise, The Consultant is permitted to disclose any such information only to the extent required by law, snbpoena or other court order. 11. Work Performed at the Consultant's Rish. 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 ursed or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemniff and hold the City, its officcrs, officials, employees, agents and volunteers harmless from any and all claims, inj uries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the ncgligent 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 bodity injury to persons or damages to property causecl 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 ortermination of this Agreement, IT IS FURTHER SPECIFICALI,Y AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREN CONSTITUT'ES THE CONSUI.TANT'S WATVER OF IMMUNITY UNDE,R INDUSTRIAT, TNSURANCE, 'I'ITLE 5I RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. TIIE PARTIES FURTT{ER ACKNOWLEDGE TFTAT TI-IEY HAVE MI.J'I'T-IALLY NEGOTIATE,D THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance agalnst claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hcreunder by the Consultant, its agents, representatives, or employees. A. Minirnum Scope of lnsurance Consultant shall obtain insurance of the types described below: l. Autonobjle l.iability insurance coveri ng all owncd, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (lSO) form CA 00 0t or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. City ol Port Orchard and Transportatiorl_Sotutions, tnc Puhlic lVorks Project ffo. _N/A -_ _ Personal Services Agreement Contract No. ozs-'tg UlCity Corncit DRAmZOtS\of-Rob l2\TSl Conlrrct Tdlic tnrpact P;@loU Piritit A TSI hrsrul Scrvica Contrnct rloc (wih SEC cditr) I Z l9 docx Rev 129/20t8 5 of 8 Exhibit A To Resolution 002-19 2. Cornrnercial General Liability insurance shall be written on ISO occurrencc form CG 00 0l or a substitute fonn providing equivalent tiability coverage and shall covet' liability arising from premiscs, operations, independent contractors and personal iqjury 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 lnsurance laws of the State of Washington. 4. Prot'essional Liability iltsurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurancc lirnits: l. Automobilc Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilit.v insurance shall be written with limits no less than $ 1,000,000 each occurrenoe, $2,000,000 general aggregate. aJ Workers'Comoensation Employer's Liability each accident $1,000,000, Employer's Liabilil,y Disease each ernployee $1,000,000, and Ernployer's Liability Disease - Policy Limit $ 1,000,000. 4. Professional Liability insurance shall bc written with limits no less than $1,000,000 per claim and $ 1,000,000 policy aggregate limit. C. Other Insurance Provisions The insr.rrance policies arc to contain, or be endorsed to contain, the following provisions for Autornobile Liability, Professional Liability and Commercial General Liabitity instuance: l. '[he 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 tlrat coverage shall not be canccllcd by cithcr puty, cxcept after thirty (30) days prior written notice by certified mail, return reccipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. 'l'he Consultant's insurance shall be endorsed acknowledging that the Cify will not waive their right to subrogation. The Consultant's insurarce shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool covcrage maintaincd by the City. Ciry of Porl Orchard and lrgqsloorta,tqgn Solutions, lnc. Public lYorks Projecl ilo. 191___ Personal Servi ces Agreeme nl Contra cl N o, Ozg.1 9 U:\Cily Council DRAFnzotstOl-fcb l2\TSI Contrecr TnIIic lnrp-rcr Fco Updatou Exhitil A TSI Pcrsonal Sorviccs Conrract doc (with SEC cdirs) I 2,l. ll &cx Rev 1292018 6 of 8 Exhibit A To Resolution 002-19 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 Instrers Insurance is to be placed with insurers with a current A.M. Best rating 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 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: CTTY Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSUI,TANT Victor Salemann Transportation Solutions, [nc. 8250 l65d'Ave NE, Suite 100 Redmond, WA 98052 Phone: 425-8834134 Fa:<: 425-867-0898 16. Resolution of Disputes and Governing Law. A. Should any dispute, misundcrstanding 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. [n any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, dlsbursements, and reasonable attorneys' fees from the other party. City of Port Ochard and Transportation sotutions, tnc Public lforks Pruject No. ye Personal Sertices Agreement Conlroct No. oza-1.9 U:\City Counctl DMFfU0lg\01-Pcb lATy ConlrsTnftio lmpra-E-UffitoU Bdribir A TSI Plrsill Sqvicco C.onrrrcr.&c (with SBC odrc) i 24.l9.doox Rcv 12912018 7 ofE Exhibit A To Resolution 002-19 17. GeneralProvisions. A. Non-waiver of Breach. The failure of either party to insist upon slrict performance of any of the covenants and agreernerrts contained herein. or to e,\ercise arry option herein contained in one or more instances. shall not be construed to be a waiver or relinquishrnent of said covenants, agreements. or options. and the sarne shal! be in full force and effect. B. Modification. No waiver. alteration. modification of any of the provisions o[ 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. lf any provision of this Agreement is for any reason held by a court of cotnpetent jurisdictiorr to be invalid or unconstitutional. such invalidity or unconstitr.rtionality shall not aft'ect the validity or constitutionality of any other provision. D. -El!-qslgfgement. The rvriften 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 statelnents shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever. the Agreement or tlre Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained irr 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 aparl of this Agreement and form the Agreement docurnent as fully as if the same were set fonh herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained irr this Agreernent. then this Agreentent shall prevail. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. Robert Putaa L ATTE By: ST/UI'HEN MMC City Clerk APPROVED AS TO FORM: By: S Cates. City Attorney CIT WA By: lll R ? o G, Y OF PORT ORCHARD SHINCTON ( ()\\L,l o TNAT v VISr:\ov^ad-. <-.-^)SC?r lr^t City of Port Orchard and rransportation Sotutions, tnc Public |J/orks Project Ab. tuR Personol Sertices Agreement Controct No 023-19 U \Cry Councrl DRAm2Ole!01_Fcb l2\TSl Contrud Trriic lrrpsct FE UpdatlU Erhrhl A TSI Pcnonal Scrvrccs Conirrt 6c (wirh SEC cdiE) I Z.l l0 rhcr Rev 1292018 8 of8 B Exhibit B To Resolution 002-19 Exhibit B Scope of Work and Fee Estimate City of Port Orchard Traffic Model Recalibration and Traffic lmpact Fee Update Task 1. 2019 Traffic Mode I Recalibration and Uodate Task 1.01 Project administration and quality control. (Budget 57001 Prepare regular status reports and project cost invoices; perform ongoing quality control. Task L.O2 Co lect traffic data. (Budget SfSO; Manage traffic data collection and review resulting data. TC2 will be used as a data collection vendor. Data collection will focus on PM peak period (4-6 PM) operations at up to 25 intersections citywide. Supplemental traffic count data along the SW Old Clifton Road corridor will be obtained from Transpo Group as part of the SW Old Clifton Road corridor analysis. Task 1.03 Update ex st ng conditions (20191 intersect on operat ons model. (Budget S6SOI Using the 2015 intersection operations (Synchro) model as a baseline, a 2OL9 PM peak hour Synchro model will be developed for all intersections for which counts are obtained in Task 2. ldentify 2OL9 intersection Leve! of Service (LOS) deficiencies based on Port Orchard LOS policy. Task 1.04 Updated existing conditions (2019! travel demand model. (Budget 5650) Using the 2015 trave! demand (Visum) model as a baseline, a 2OL9 PM peak hour Visum model will be developed and calibrated according to best practices described in NCHRP Report 755 and according to FHWA guidance. Task 1.05 Confirm p pe ine deve opments. (Budget 52501 Confirm the locations, land use types, quantities, and PM peak hour trip generation forecasts (as available) for pipeline developments identified by City staff. Develop PM peak hour trip generation forecasts for developments for which trip generation forecasts are not available. Exhibit B To Resolution 002-19 Task 1.06 Update p pe ine (20251 travel demand rnode . (Budget 51,0001 Update citywide pipeline travel demand model with pipeline developments identified in Task 5. Update external trip groMh based on recent historical growth trends along SR 16. Task t.Ol Update pipeline (20251 intersection operations model. (Budget SSOOI Update citywide pipeline Synchro model with updated travel demand forecasts generated in Task 6. tdentify 2025 intersection LOS deficiencies based on Port Orchard LOS policy. Task 1.08 Confirm 2039 land use growth forecast. (Budget 52501 Confirm 2039 land use groMh allocations and locations based on PSRC Vision 2O4O documentation and proposed citywide zoning changes. TS! will work with City staff to determine locations of anticipated residential and employrnent growth. Task 1.09 Update ont-range (20391 travel demand model. (Budget SSSO; Update long-range travel demand model to reflect land use forecasts identified in Task 8 Task 1.10 Update long-range (20391 intersection operations mode . (Budget 54001 Update citywide pipeline Synchro model with updated travel demand forecasts generated in Task 9. ldentify 2039 intersection LOS deficiencies based on Port Orchard LOS policy. Task 1.11 Summarize findings in rnemorandum. (Budget 51,1001 Document traffic modeling methods, assumptions, and findings in a memorandum to City staff. ldentify existing and future intersection LOS deficiencies based on Port Orchard LOS policy. All traffic count files and traffic model files will be provided to the City. Exhibit B To Resolution 002-19 Task 2.sportation !mpact Fee Update Task 2.Ol Budget SZ,SOO Meet with City Staff and elected officials to determine if any additional projects should be included in the Traffic lmpact Fee Rate Study calculation or if the fee calculation approach shoutd be amended. . One Preparatory Meeting with Staff . One Workshop Meeting with Elected Officials. One Follow Up Meeting with Staff Task 2.O2 Budget S8,OOO Update the 2015 Traffic lmpact Fee Rate Study and Appendix A Fee Schedule, Appendix B Comparison of TIF Base Rates. . Update Project List . Update Project Estimates . Update Grovyth Share of Project Costs . Update Rate Study o Update Rate Tables o Update Fee Comparison Table Task 2.03 Budget SC,500 Provide technical support through the update and adoption process. . Respond to Comments/Questions from Staff/Elected Officialso Prepare PowerPoint Presentation for Public Hearing o One Council Meeting/Public Hearing with Elected Officials Total Contract Value not to exceed SZS,OOO w thout written approval. Schedule Complete the project within 120 days of contract award (estimated contract award date L/22lLgl I rsl Exhibit C to Resolution 002-19 Contract 023-19 Transportation Solutions, Inc. 20t9 HOURLY BILLING RATES and Transpoilation Solutions, lnc, 8250 - 165th Avenue JtlE Suite 100 Rdmond, WA 98052-6628 T 425.883.4134r 425.867.0898 www.tsmw.com Name Title Hourly Labor Billing Rate Victor L. Salemann Principal $235.OO Jeff S. Elekes Director $215.OO David D. Markley Principal $235.OO Andrew L. Bratlien Sr. Tr. Engineer $168.50 Michelle L. Mach Sr. Tr. Engineer $168.50 Jeffrey P.K. Hee Sr. Tr. Engineer g168.5o Phil McDonald Sr. Eng ineering Tech $12O.OO Jennifer Salemann Planner I $g8.oo JilI Berberich Project Administrator $115. OO Staff Engineeri Technician $ 6o-95 EXPENSES Billing rates are subject to change. Reimbursable Expenses Direct Cost no Markup Sub -consultant invoices Direct Cost no Markup Exhibit D to Resolution 002-19 1112912018 Public Agency Name: Roster Type: Date: Time: Main Category: Sub-Category: MRSC Rosters City of Port Orchard Consuttant Roster 1112912018 09:56 am Design and Planning, Engineering Services, Financiat Services Traff i c Cou nts/Data Cotlection, Traf f ic Operati ons Simulation Modeling, Travet Demand Modeling, Transit Ptanning and Design (inctuding High Capita Transit), Transportati on/Traff ic, Rate Stud i es, Transportati on Fi nance 3 Square Blocks AElWittiams Group Co. DBA: AEIWG Co. AHBL,lnc. Akana Alta PtanninS + Design Apex Engineering Apptied Pavement Technotogy, lnc. Art Anderson Associates Barney & Worth, lnc. BergerABAM BERK Consutting, Inc. Btue Marine, LLC Braaksma Engineering !nc. Bright Engineering, lNc. Brown and Caldwetl BST Associates Business Street Century West Engineering Cottins Engineers, lnc. Cotumbia Telecommunications Corporation Community Attributes Inc. Conftuence Environmental Company https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudClT 116 11t29t2018 Exhibit D to Resolution 002-19 MRSC Rosters 216 Conseryation Technix, Inc. Contract Land Staff, LLC COWI North America lnc. CPD Sotutions CPH Consultants CTS Engineers David Evans and Associates, lnc. Davido Consutting Group, lnc. DC! Engineers DGK lnc. dba Widener & Associates DKS Associates DN Traffic Consuttants DOWL LLC, D.B.A. DOWL Duncanson Company, lnc. EA Engineering, Science, and Technotogy, lnc., PBC Earth Economics ECONorthwest ECO Resource Group Eco Resource Management Systems Inc. EES Consulting, lnc. Ettiott Bay Design Group ELM EN Engineering LLC Entitlement and Engineering Sotutions, lnc. Epic Land Solutions, lnc. Exettech Consutting, lnc. Facitity Contractors lnc. FCS GROUP Fehr & Peers https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY2guc3VsdGFudClT Exhibit D to Resolution 002-19 11t29t2018 MRSC Rosters GeoDesign,lnc. GeoEngineers lnc. GHD lnc. Gibson Traffic Consultants, lnc. GMG Consultants Gotder Associates lnc. Gravis Technotogies, lnc. Gray and Osborne, lnc. Gridics Harmsen & Associates, lnc. Harper Houf Peterson Righetlis lnc. Harris & Associates HDR Engineering, lnc. Hearttand LLC Heath & Associates, lnc. Herrera Environmental Consuttants, lnc. Hit[ !nternationat, lnc. HMA Engineering Huitt-Zollars, lnc. HWA GeoSciences lnc. ICF Jones & Stokes, !nc. IDAX l.A. Brennan Associates, PLLC .lacobs Engineering Group lnc. Jimate Technical Seruices Johnston Architects LLC JP Morgan JR MILLER & ASSOCIATES INC Katy lsaksen & Associates https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudClT 3/6 Exhibit D to Resolution 002-19 1112912018 MRSC Rosters KBA,lnc. Kelter Associates, lnc. Kidder Mathews Kindred Hydro,lnc. King Technotogics, PLLC KPFF Consutting Engineers KPG Letand Consutting Group, lnc. LMN Architects Lochner (H.W. Lochner) Loving Engineering & Consulting, P.S. Inc. MacKay Sposito Mackenzie Maclearnsberry, lnc. Manceps,lnc. Merritt Arch PLLC MICHAEL F. WNEK, PE., PS Moffatt & Nichol Morrison-Maier[e, lnc. Murraysmith Netson Nygaard Northwest Water Systems Osborn Consutting lnc Otak,lnc. PACE Engineers, lnc. Pacific Surveying & Engineering Services, lnc. PSE Parametrix Parsons Transportation Group lnc. Pavement Services, lnc. https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY2guc3VsdGFudClT 4t6 11t29t2018 Exhibit D to Resolution 002-19 PBS Engineering and Environmental lnc. Peninsula Financia[ Consutting Performance Ptane LLC Perteet lnc. PH Consutting LLC ProjectCorps PRR Reichhardt & Ebe Engineering, lnc. Reid Middteton,lnc. RH2 Engineering,lnc RHC Engineering !nc. SAFEbuitt SCE,lnc. SCJAtliance SCS Engineers Seahurst Electric, !nc. Shiets Obtetz Johnsen, !nc. Sitts & Hi[[ Engineers, lnc. Skittings Conno[[y, lnc. Sound Municipal Consuttants Soundwest Engineering Associates, lnc. Stantec Studio Cascade, lnc. T-O Engineers TCA Architecture Ptanning, lnc Terracon Consultants, lnc. Terra Verde Environmentat Consutting TerraVista NW LLC Tetra Tech, lnc. MRSC Rosters 5/6 Exhibit D to Resolution 002-19 1112912018 NIRSC Rosters The Beckett Group The Greenbusch Group, lnc. The Ptanning Studio LLC TMK Consulting lnc. Toole Design Group LLC Traffic Count Consuttants, lnc (TC2inc) Traffic Data Gathering Transpo Group Transportation Engineering Northwest, LLC Transportation Sotutions, ! nc. TranTech Engineering, LLC Tres West Engineers V+M Structurat Design, lnc. VIA Architecture Victoria S. Byerly, P.S. Watker Consultants WHPacific,lnc. Wilson Engineering, LLC WSP (formerly WSP I Parsons Brinckerhoff) https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY2guc3VsdGFudClT 6/6 Exhibit E to Resolution 002-19 CIW OF PORT ORCHARD PUBTIC WORKS DEPARTMENT REQUEST FOR Proposals (RFP)- Personal Services November 30, 2018 INTRODUCTION The City of Port Orchard Public Works Department, hereinafter referred to as the City, is inviting proposals from three (3) selected consulting firms on the City's 2018 MRSC Consultant Roster to prepare an update to the City's Traffic lmpact Fee Rate Study. The following subjects are discussed in this Request for Proposals l. Background ll. Scope of Services !ll. Required !nsurance lV. Proposal Format and Content V. Evaluation Criteria and Selection Process Vl. Submittal l. Background: The City needs expertise in preparing an update to its traffic impact fee rate calculation. The City first adopted a traffic impact fee in 2OL5 based on a traffic impact fee rate study prepared at that time. lncluded in that report was a recommendation that the rate study and fee calculation be updated every 3 years after adoption. The City seeks to update its impact fee rate study and fee calculation to consider recent changes to the City's transportation plan and changes in construction costs and project estimates. The project will require coordination with City staff and elected officials as well as support through the review and adoption process. The project budget is S15,000. ll. Scope of Services: o Meet with City Staff and elected officials to determine if any addition projects should be included in the Traffic lmpact Fee Rate Study calculation or if the fee calculation approach should be amended. . Update the 20LS Traffic lmpact Fee Rate Study and Appendix A Fee Schedule, Appendix B Comparison of TIF Base Rates. o Provide technical support through the update and adoption process. o Complete the project within 120 days of contract award (estimated contract award date tl22/Lsl lll. Required lnsurance: 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. Page 1 Exhibit E to Resolution 002-19 A. Minimum Scope of lnsurance Consultant shall obtain insurance of the types described below: L. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on lnsurance Services Office (lSO) form CA 00 01 or a substitute form providing equivalent liability coverage. lf necessary, the policy shal! be endorsed to provide contractua! liability coverage. 2. Commercia! 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 bythe lndustrial lnsurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of lnsurance Consultant shall maintain the following insurance !imits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of S1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than S1,000,000 each occurrence, 52,000,000 general aggregate. 3. Professional Liability insurance shall be written with !imits no less than S1,000,000 per claim and S1,000,000 policy aggregate limit. 4. Employe/s Liability each accident S1,000,000, Employer's Liability Disease each employee 51,000,000, and Employer's Liability Disease - Policy Limit S1,000,000. C. Other lnsurance 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: L. 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 poo! 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 lnsurers lnsurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vll Page 2 Exhibit E to Resolution 002-19 E. Verification of Coverage Consultant shallfurnish the City with origina! 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. IV. Proposal Format and Content: Proposals which do not address the items in this section wil! be considered incomplete and will be deemed non-responsive by the City. A. Letter of Transmittal B. Narrative 1. Provide brief resumes of the "Principa! in Charge" and the key technical personnel to be assigned to this project. Discuss the experience of these persons and relate their experience to this project. lnclude what portion of this contract would be assigned to each person. (maximum 3 pages) 2. Discuss your resources, qualifications, experience, and ability to meet the time constraints of the proposed work. (maximum 3 pages) C. References Provide names and telephone numbers of at least three references willing to attest to your firm's ability to complete this project on time and within budget. (maximum 1 page) D. Provide a proposed project cost and budget. (maximum 1 page) E. Confirmation of Business Organization On the last page of the proposal, the proposer shall identify the business organization under which it operates (form provided in RFP). Partnerships and joint ventures will list each member's name, address, and business license, tax lD, telephone and fax numbers on a separate sheet of paper attached to the proposal. V. Evaluation Criteria and Selection Process The basis of award will be to the respondent receiving the most points based on the following criteria: A. Proposed project cost. (MAXIMUM 40 POINTS AVAILABLE) B. Qualifications of the consultant and firm. (MAXIMUM 15 POINTS AVAILABLE) C. Previous project experience on similar projects. (MAXIMUM 15 POINTS AVAILABLE) Page 3 Exhibit E to Resolution 002-19 D. Knowledge of City's transportation plan, transportation issues, and impact fee rate study. (MAXTMUM 15 POTNTS AVATLABLE) E. Previous municipal work experience. (MAXIMUM 5 POINTS AVAILABLE) F. Capability of performing work and meeting required timelines. (MAXIMUM 5 POINTS AVAILABLE) VI G. Response of references. (MAXIMUM 5 POINTS AVAILABLE) Submittal Two copies of the proposal (one .pdf copy for email submittals) are due to the City of Port Orchard Department of Public Works Office prior to 2:00 p.m. on Monday, December L7,2OL8. Proposals may be hand-delivered, mailed, delivered by courier or e-mailed. Submittal Address:City of Port Orchard 215 Prospect Street Port Orchard, WA 98366 Attention: Public Works Department (350) 875-499L (350) 875-4980 fax E ma i I : pu blicworks@citvofportorcha rd. us Subject: Transportation lmpact Fee Rate Studv Update All proposals should be clearly marked on the outside of the envelope with the subject line 'Transportation lmpact Fee Rate Study Update." Any copies should be duplex printed, and not use plastic or non-recyclable covers or bindings. lnquiries regarding the RFP can be directed to Mark Dorsey, P.E., Public Works Director/City Engineer, at the address and phone number noted above. Before receiving an award, the successful proposer will be required to provide the City of Port Orchard with copies of their current State of Washington and City of Port Orchard business licenses and Certificates of lnsurance. A committee of individuals to be selected by the City of Port Orchard Public Works Department will perform evaluation of the proposals. The proposals wil! be scored and ranked based on the selection committee's evaluation. ln the event of close scoring, a shortlist interview may be performed. The firm with the highest cumulative score will be invited to enter into contract negotiations. lf an agreement cannot be reached, the second highest proposer may be contacted for negotiations. The City reserves the right to award the contract to the highest ranked firm without further discussions. It is anticipated that contract approva! will occur on January 22,2OL8. Page 4 Exhibit E to Resolution 002-19 QUALIFICATIONS CIW OF PORT ORCHARD, WASHINGTON Transportation lmpact Fee Study Update 2018 ldentification of Business Organization: The firm, by checking the applicable box, represents that it operates as: I I a corporation incorporated under the laws of the State of Washington I I an individual doing business as t ] a partnership (identify all partners on a separate page, attached) t ] a joint venture (identify alljoint ventures on a separate page, attached) t ] other (please specify) Company Name City of Port Orchard Business License # Address of Proposer Tax lD # Telephone Number Signature Facsimile Number Signature Name and Title (Print) Page 5