010-20 - Technical Systems, Inc. (TSI) - ContractCITY OF PORT ORCHARD PITOFESSIONAL SERVICES AGREEMENT
THIS Agreernent is nrade effective as ofthe 7!h day of November 2019-, by and betrveen
the City of Port Orchard, a nrunicipal corporatiou, organized under the larvs of the State of Washirlgton,
rvhose address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
2 16 Prospect Street
Port Orchard, Washington 98366
Contact: MayorRobertPutaansuu Phone: 360.876.4407 Fax: 360.895.9029
arrd ical s- lnc- (TSI)a corporation, organized under the larvs of the State ofTechrt
Washingtott, doing btrsiness at:
Technical Inc. (TSI)
2303 l96n'.SW
LYttnrvood.wA 98036
Contact: Anclrerv Palmberg_ Phone: (421167&.4.!0.4- Email: andrewp@tsiconfu
for professional seruices itr connection rvith the follorving Project:
Orclrurcl lo P ath Survev
TERMS AIYD CONDITIONS
1. Services by Consultant.
A. The Consultant shatl perfonn the services described in the Scope of Work attached to this
Agree'rent as Exhibit "__4_." The services performed b1,the Consultatrt shall not exceed the Scope of
Work rvithout prior rvrittelt atrthorization from the City.
B. The City may fi.onr tirne to time require changes or modifications irt the Scope of Work.
Such changes, inclucling .ny i..r.ase or inclease in the antount of compettsation, shall be agreed to by the
parties arrd incorporated in rvritten atnendments to the Agreetnent.
2. Schedule of Work.
A. The Consultant shall perfornr the services described in the Scope oF Work in accordance
rvith the tasks identifiecl rvithin Exhibit '' A " ancl the terms of this Agreement. If delays beyond the
Consultant,s reasonable control occur, the pirties rvill negotiate in good faith to detennitte rvltetlter an
extension is approPriate.
B. The Colsultapt is authorized to proceecl rvith services upon receipt of a rvritten Notice to
Proceed.
Cit-v oJ'Port Orchanl uil T'echnical 51612p15' lnc (TSl)
Pubtic ll'orlcs Proiect No. Pll2019-01 5
ProJbssiottctl Senice Agreentenl Contracl No. C0l0-20
U 'Uriliry \trnegcr SCAD.\rAdminrRadio Study'Radio Prth Sun'cy Contract docr lofl0
Rev 7/18/2019
(hereirrafter the "CONSULTANT")
4
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3. Tcrnrs. This Agreenre rrt shall conrnence on January 2,2020 ("Commencetnent Date")
and shall tenninate Julv 31. 2020 tunless extended or tenninated in rvriting as
provicled hereirt. The City reserves the right to offer hvo (2) one-year extensions prior to
contract cxpiration to retain the selected conlpany's services.
Compensation.
LUMP SUM. Compensation for these services shall be a Lump Sum of $ 2EJ!0.08
TIME AND MATERIALS NOT TO EXCEED. Cornpensation for these services shall not exceed
s s'ithout u'ritten authorization and rvill be based on the list of billing rates and
teirnbursable expenses attached hereto as E,xhibit " ."
TIME AND MATERIALS, Contpensatiort for these seryices shall be on a time and rnaterials basis
according to the list of billing rates and reirnbursable expenses attached hereto as Exhibit " ."
OTHER.
5. Payntent.
A. The Consultant shall maintaiu tirne and expense records and provide thern to the City
monthly after services have been performed, along rvith monthly invoices in a fornrat acceptable to the City
for rvork perfonned to the date of the invoice.
B. All invoices shall be paid by City rvarrant rvithin thirty (30) days of receipt of a proper
itrvoice. [f the City objects to all or any poftion of any invoice, it shall so notifo tfie Colsultant of t6e sanle
rvithin fifteen ( 15) days from the date of receipt and shall pay that porlion of tlie invoice nor in clispute, ancl
tlre parlies shall inrrnediately nrake e\/ery eflort to settle the disputed portion.
C. The Constrltant shall keep cost recotds artd accounts pertaining to this Agreenrelt available
for inspection by City representatives lor three (3) years after final payrneirt ulless u long.1. periocl is
reqtrired by a third-party agreement. Copies shall be nracle available on request.
D. On the efFective date of this Agl'eement (or shortly thereafter), the Consultant shall corlply
rvitlr all federal attcl state larvs applicable to inclepenclent contractors, incluclirrg. but not linited to, ihe
tnaitttettance of a separate set of books and records that retlect all iterns of inconte arrd expelses of the
Cortsttltant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by larv, to
shorv that the services perflornted by the Consultatrt under this Agreenrent shall not give r.ise to a1 einployer-
ernplol'ee relationship betrveen the pafties, rvhich is subject to Title 5l RCW, tnclustrial lnsurance.
E. If the services rendered do not nteet the requirements ofthe Agreement. the Copsultalt rvill
corrcct or modifu the rvork to cornply rvith the Agreenrent. The City may rvitlthold payment flor such rvork
runtil the rvork rneets the requirements of the Agreement.
6. Discrimination and Cornpliance rvith Larvs
A. The Consultarrt agrees rrot to discrirninate agairrst any employee or applicant tbremploynrent or any other person in the perfbrntance of this AgLeement because of race, ct'eed. color,
national origin, rnarital status, sex, age,disability, or other circumstance prohibited by federal, state, orlocal larv or ordinance,except for a bona fide occtrpat ional qualification.
T
Ciq,* oJ'Port Orchard oncl Technicul Systenrs, tnc f tSIl
Public l(orks Project )io. Pll'2019-015
ProJbssional Service ;lgreenent Ctontract N o. C0 I 0-20
U Uriliry \IrnageiSC,\Dr\,\dmin'Radio Study Radio path Suney Conrracr docr
2 of l0
Rev 7/18/2019
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B. Even though the Consultant is an independent contractor rvith the authority to control and
direct the performance and details of the rvork authorized under this Agreentettt, the rvork must nteet the
approval of the City arrd shall be subject to the City's general right of inspectiort to secure the satisfactory
colnpletion thereof. 'fhe Consultant agrees to comply rvith all t'ecleral, state and rnurticipal lals, rttles and
regulations that are now effective or become applicable rvithin the ternr(s) of this Agreetnettt to the
Consultant's business. equipnrent and personnel engaged in operations covered by this Agreelrrettt or
accnring out of the perfbnuance of suclt operations.
C. The Consultant shall obtain a City of Poft Orchard business license prior to cotttmencing
rvork pursuant to a rvritten Notice to Proceed.
D. Violation of tlris Paragraph 6 shall be a rnaterial breach of this Agreetneut altd grotrrrds for
capcellatiop, ternrination, or suspension of the Agreenrent by the City, in rvhole or itt part, and nray restrlt
in ineligibility for tiuther rvork lor the City.
7, Relationship of Parties. The parties intend ttrat an independent contractor-client relationship rvilt
be created by this Agreenrent. As the Consultant is custonrarily engaged in an independently established
trade rvhich epcornpasses the specific service provided to the City herettnder, no agent, etnployee,
representative or sub-consultant of the Consultant shall be or shall be deerned to be the employee, agellt,
representative ol sub-consuttant of the City. In the perforrnance of the rvork, the Consultatrt is alt
inclependent contractor rvith the ability to control and direct the perfonnance and details of the rvork, tlte
City being interested only in the results obtained under this Agreernent. None of the benefits provided by
the City to its errrplol,ees, including but not linrited to cornpensation, itrsurattce, attd trnemploylnettt
insurance, are available ttorrr the City to the employees, agents, representatives or sttb-consttltants of the
Consultarrt. The Consultant rvill be solely and entirely responsible for its acts and for the acts of its agettts,
ernplolees, representatives and sub-consultants during the perflornlance of this Agreement. The City rnay,
auiing the tenn of this Agreernent, engage other independent contractors to perforrn tlte satrte or similar
rvork that the Consultartt performs herettnder.
8. Suspension antl Terrnination of Agreement
A. Termination rvithout cause. This Agreement may be tenninated by the City at any tirne for
pgblic colvenierrce, for the Consuttarrt's insolvency or bartkruptcy. or the Constrltant's assigtrtnent fbr the
benefit of creditors.
B.Telurinatiort rvith cause. This Agreement may be terminatecl trpon the defatrlt of the
Consultant ancl the failure of tlre Consultant to cure such default rvithin a reasonable t ime after receiving
rvritten notice of the dethtrlt
C. Rights Upon Tennination.
L lYirh or lVitltort Cctuse. Upon terrnination tbr any reasoll, alI tjnished or unfinished
docurnents, t.eports, or otfier ntaterial or rvork of the Cottsultartt pursttant to this Agreement shall
be subnritted to t5e City, and the Consultant shall be entitled to just and equitable compensation tbr
aly satisfactory ,uork cornpleted prior to the date of terrninatiolt, not to exceed the total
.ohp.nrrtion set fbrttr herein. The Consultant shall not be entitled to any reallocatiott of cost,
Citt, oJ' Port Orchard qncl'l'echnical.!t'sterls, Inc (TSI)
Public lt'orks Project ,\o. PlY20l9-015
Professional Sentice .lgreentenl (lontracl lto- C0 I 0-20
Li'Urility ltanrger SCADA .'\dnrin R.rdio Srudl' Radio Prth Sun'ey Contr'rct doe'r
3oll0
Rcv 7/ I 8/20 l9
profit or overhead. The Consultant shall not in any event be entitled to anticipated plofit on rvork
not perfonned because of such terntination. The Consultant shall use its best efforts to nriniurize
the compensation payable under this Agreernent in the event of such terrttirtation. Upon
terrnination, the City rnay take over the rvork and prosecute the sanle to contpletion, by contract or
otherrvise.
2. Dejhult. [f the Agreenrent is terrninatecl for default, the Corrsultant shall not be
entitled to rcceive any tirrther payrlrents under the Agreement until all rvork called for has beerr
fully perfonned. Any extra cost or danrage to the City resulting fi'onr suclr default(s) shall be
deducted fiom any nloney due or conring due to the Consultant. The Consultant shall bear any extra
expenses incurrcd by the City in corrrpleting tlre rvork, including all increased costs flor completing
the rvork. and all darnage sustained, or rvhich may be sustained, by tlre City by I'eason of such
default.
D. Suspettsiott. The City rnay suspencl this Agreentent, at its sole discretion. Any
t'eintbttrsentent fior expenses incun'ed due to the suspension shalI be lirnited to the Corrsultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume perlbrnraltce of services under
this Agreernent rvithout delay rvhen tlre suspension period encls.
E. Notice of Terrnination or Suspension. If deliveled to the Consultarrt in person, temrination
shall be effective intmediately upon the Consultant's receipt of, the Ciry's rvritten notice or such date as
stated in the City's notice of termination, rvlrichever is later. Notice of suspension shall be given to the
Coltsttltant in rvritirlg upott one rveek's advance notice to the Consultant. Suc[ notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section l5 herein.
9. Stantlartl of Care. The Consultant represents and rvarrauts that it has the requisite training, skill
attd e.rperiertce llecessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agertcies artd governnrental entities. Services provided by the Colsultapt uncler
this Agreetttettt rvill be performed in a tnantter cortsistent rvith that degree of care ald skill orclinarily
exercised by nrernbers of tlte sarne profession currently practicing in sirnilar circumstances.
10. Ou'nership of Work Prorluct.
A. All data, materials, repofts, trternorarrda, and other docurnents developed under this
Agreettletrt rvhetlter' finishecl or not shall beconte the property of the City, shalI be fbnvarded to the City at
its reqtrest attd tttay' be used by the City as it sees fit. Upon terrnination of this Agreernent pursualt to
paragraph 8 above, all finished or trnfinished docutttents, repot"ts. or other nraterial or rvork of tfue Colsultant
pttrsttatlt to this Agreemetrt shall be subnritted to the City. Any reuse or rnodification of such documelts,
reports or other rnaterial or rvork of the Consultaut for pLlrposes other than those intended by tfie Consultalt
in its scope of services under this Agreernent shall be at the Ciry-'s risk.
B. All rvritten intbrntation subrnined b5' the City to the Consultarrt in connection rvitlr the
services perfonned by the Consultant under this Agreement rvill be safeguarded by tlre Copsultant to at
least the same extettt as the Cortstrltant safeguards like infornration relating to its orvn busipess. If sucft
inflorrnation is publicly available or is already in the Consultant's possession or knorvn to it, or is riglrtfully
obtained by the Constrltant fiorn third parties, the Consultant shall bear tro responsibiliry* for its disclosur-e,
inadvertetrt or othenvise. The Consultattt is perrnitted to disclose any such information only to the extent
required by larv, subpoena or other coult order.
City s1'por, Orclrurd and Technical fvs/elrs, tnc (7'Sl)
Public ll'orks Project irto. Pll/2019-015
Professiorrctl Sentice,lgreentent Conlract \to. C0 I 0-20
U 'Utility lhnlgcr SCADA Admin'Radio SrudrtRedio plh Sunty Conrracr docr
4 of l0
Rev 7/18/2019
11. Work Performerl at the Consultant's Risk. The Consultant shall take all precautions necessary
and shalI be responsible tbr the safety of its ernployees, agents and sub-consultartts in the lterflormance of
the rvork hereunder', and shall utilize all protection necessary for that purpose. All rvork shall be done at
the Consultant's orvn risk, arrd the Consultant shall be responsible lor any loss of or darnage to tnaterials,
tools. or other articles used or held by the Consultant for use irt connection rvith the rvork.
12. Indemniflrcation. The Consultant shall defend, indemrrify and hold the City, its ottlcers, officials,
ernployees, agents and volunteers hantrless frorn any and all clairns, injuries, datnages, losses or suits,
including all legal costs and attorneys' fees, arising out oflor resulting frorn tlte acts, errors or otnissions of
the Consultant in perlonlrance of this Agreenrerrt, except for injuries or darttages caused by tlte sole
negligence of the City.
Shorrtd a court of cornpetent jurisdiction deterntine that this Agreetnerrt is subject to RCW 4.24.1 15, then,
in the evetrt of liability for darnages arising out of bodily injury to persorts or darttages to property caused
by or resulting frorn the concunent negligence of the Consultant and the City, its officers, officials,
ernployees, agents and voluuteers, the Consultant's tiability hereundet' shall be only to the extetrt of the
Consultant's negligence. The provisiorrs of this section shall survive tlte expiratiort or tertnination of this
Agreernent.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD TFIAT THE,
INDEIyTNIFICATION PROVIDED tlERElN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMIVIUNIl'Y I.INDER INDUSTzuAL INSURANCE, TITLE 5I RCW, SOLELY FOR TFTE PURPOSES
OF THIS INDEMNTFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE,
MUTUALLY NEGOTIATED THIS WATVER.
13. Iusurance. The Consultant shall procure and rnaintain for the duration of this Agreetnent,
insurance against claims for injuries to persons or darnage to property rvhich may arise frortr or in
connection rvith the perforrnance of the rvork hereunder b5, the Consultattt, its agents, reprcsetttatives, or
enrployees.
A. Mirtirnurtr Scope of Insttrance
Consultant slrall obtain insurance of the types described belorv:
t. Autornobile Liabililv insurance covering all orvned, non-owned, hired artd leased
vehicles. Coverage shall be rvritten on Insurance Services Office (lSO) fonn CA 00 0 t
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide cotttractttal liability coverage.
Commercial General Liabilit.v insurance shall be rvritten on ISO occrlrrettce tbrnr CG
00 0l or a substitute tbrrn providing equivalent liability coverage and shall cover
liability arising frorn prentises, operations, independ sonal injtrry
and advertising injury. The City shall be ttatned t adclitional
insured uttder the Consultant's Conltnercial Gener policy rvith
respect to the rvork perfonned for the City.
2
Citl'oJ'Port Orclmrd ancl TechnicalS-vslenls, htc (TSI)
Public lllorks Project i'o. Pll'2019-015
Prolbssiottctl Service,lgreentent Co,rlract No. C0 I 0-20
U Urility \hnrgcrrSCADA,.{dmin Rtdio Slud!"Rldio Plth Suncy Contract docr
5 of l0
Rev 7i l8120l9
3. Workers' Compensation coverage as required by the Industrial Insurance larvs of the
State of Washington.
4. Professional Liability insurance appropriate to the Consultant's professiort.
B. Minimunr Amounts of Insurance
Consultant shall maintain the follorving insurance lirnits:
l. Autornobile Liabiliqv insurance rvith a nrinirnurn conrbined single limit fol bodily
injury and property darnage of $ 1,000,000 per accident.
2. Comnrercial Ceneral Liability insurance slrall be rvritten rvith lirnits no less than
$ 1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers' Compensation Ern plol,er's Liability each accident $ 1,000,000, Ernployer's
Liability Disease each ernployee $1,000,000, and Ernployer's Liability Disease -
Policy Linrit $ 1,000,000.
4. Professional Liabilit,v insurarrce shall be rvritten rvith lirnits no less than $1,000,000
per clairn and $ 1.000,000 policy aggregate lirnit.
C. Other Insurance Provisions
Tlte insurarlce policies are to contairr, or be endorsed to contain, the follorving provisions tbr
Autornobile Liability, Professional Liability and Cornmercial General Liability insurarrce:
l. The Consultant's insurance coverage shall be primary insurance as respect the Ciry.
Any insurance, self-insurance, or insurartce pool coverage nraintained by the City shall
be excess of the Corrsultant's insurance and shall not contribute rvith it.
2. The Consultarrt's irtsurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after tlrirty (30) days prior rvritten notice by certified
rnail, return receipt reqrrested, has been given to the Cify.
3. Tlre City rvill not rvaive its right to subrogation against the Consultant. The
Consultartt's irtsurance shall be enclorsed acknorvledging that the City rvill not rvaive
their right to subrogation. The Consultant's insurance shall be endorsed to rvaive the
right of subrogation against the City, or any self-insurance, or insulance pool coverage
rnaintained by the Ciry.
4. [f any coverage is rvritten on a "claims made" basis, then a nrinirnutn of a three (3) year
extended reporting period shall be included rvith the clainrs rnade policy, ancl proof of
this extended repofting period provided to the Ciry.
D. Acceptabiliry of Insurers
Iltsurattce is to be placed rvith insurers rvith a curretrt A.M. Best rating of not less than A:VtI.
City oJ'Port Orchard and Technical S1,5ysnrt, tnc (TSt)
Public ll'orks Project .\'o. Pllt20l9-()15
ProJbssiotrctl Sentice Agreentent Controct No. C0l0-20
tl L'tility trlanagerSCADA'AdmintRldio Studvlltrdio P.trh Suney Conrrlcr dot\
6 ol l0
Rev 7/18/20t9
E. Veritjcation of Coverage
The Consultant shall funrish the City rvith original cerlificates and a copy of the arnendatory
ertdorsernents, including but not necessarily limited to the additional insured endorsernent,
evidencing the insurance requirernents of the Consultant betbre comnlencernent of the rvork.
14. Assigning or Subcontracting. The Consultarrt shall not assign, transfer. subcontract or encunrber
any rights, duties, or interests accruing trorn this Agreenrent rvithout tlre express prior rvritten consent of
the Cit1,, rvlrich consent nray be rvitlrheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Corrsultant to the Ciry
shall be irr rvriting and delivered to the parties at the follorving addresses:
Robert Putaansuu
Mayor
2 l6 Prospect Street
Porl Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
Technical Systents, Inc. (TSl)
2303 l96tr' Sr SW
_Lynnrvood, WA 98036_
Phone: 425.678.4104
EnraiI: andre*,p@tsicontrols.conr_
16. Resolution of Disputes antl Governirtg Lau'.
A. Should any dispute. misundeLstanding or conflict arise as to the tertns and conditions
contained in this Agreement, the rnatter shall first be referred to the Mayor, rvho shall detennine the tenn
or provision's true intent or nreaning. The Mayor shall also decide all questions rvltich ntay arise behveen
the parties relative to the actual services provided orto the sufficiencyof the perf,orntance hereunder.
B. If any dispute arises betrveen the Ciry and the Consultant undel any of the provisious of
this Agreernerrt rvhich cannot be resolved by the Mayor's deterrnination in a reasonable time, or if the
Consultant does not agree rvith the Mayor's decision on a disputed matter, julisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreertrerrt shall be governed by and construed in accordance rvitlt the larvs of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreetnettt, the
substantially prevailing party shall be entitled to recover its costs, disbursemeuts, and reasonable attorneys'
fees flrorn the other party.
17, GeneralProvisions.
A. Non-rvaiver of Breach. The thilure of either party to insist upon strict perforrnance of atty
of the covenants and agreernents contained herein, or to exercise any option herein contained in one or nlore
instances, shall not be construed to be a rvaiver or relinquishment. o[said covenants, agreelnents, or options,
and the same shall be in full force and effect.
Citv oJ'Port Orcharcl and T'echnical SS,s1s111s. Inc 1TSI)
Public ll/orks Projeu No. PlV20l9-015
P r o/bss i onal Se ruice .lgree nte n I C on t rac ll" o. C 0 I 0 - 2 0
U Uriliry \lanogcrrSCADA Admin,Radio Study Rrdio Prth Sun'eY Contrlcl do.'x
7ofl0
Rev 7/18/2019
B. Modification. No rvaiver, alteratiou, rnodification of any ofl the provisions of this
Agreernent shall be binding unless in rvriting and signed by a duly authorized representative of the City and
the Consultant.
C. Severabiliqv. The provisions of this Agreement are declared to be severable. [f any
provision of this Agreernent is for arly reason held by a courl of conrpetent jurisdiction to be invalid or
tunconstitutional, such invalidity or unconstitutionality shalI not affect the validity or constitutionality of
any other provision.
D. EntireArot. The ryritten plovisiorrs of this Agreentent, together rvith any Exhibits
attached hereto, shall supersede all prior verbal staternents of arr1, olficer or other rcpleseutative of tlre City,
and such staternents shall not be effective or be construed as entering into or fbrrning a part of or altering
in any rnanner rvhatsoever, the Agreement or the Agreernertt doctunents. The entire agreelnent betrveett
the parties rvith respect to the subject rnatter hereunder is containecl in this Agreertrent and the Exhibits
attached lrereto, rvhich tnay or nray not have been dated prior to the e.recution of this Agreeutent. All of
the above docrrnrents are lrereby rnade a part of tlris Agreenrent and lorrn the Agreernettt docutnent as fully
as if the same \\,ere set forth herein. Should any language in any of the Exhibits to this Agreenrent conflict
rvith any language contained in this Agreenrent, then this Agreenterrt slrall prevail.
18. Title VI
The Ci[v of Poft Orcharcl, in accordance rvith Title VI of the Civil Rights Act of 1964,78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Cocle of Federal Regulations, Departrnent of Transportation
subtitle A, Offlce of the Secretary, Part 21, nondiscrinrination in federally assisted prograrns of the
Deparlntent of Transportation issued pursuant to such Act, must affirrnatively insure that its contracts
conrply rvith these regulations.
Thelefore, during the perflormance of this Agreenrent, the Consultant, for itsell its assignees, and
successors in interest agrees as flollorvs:
Compliance rvith Regulatiorrs: The Consultant rvill conrply rvith the Acts and the Regulations
relative to Nondiscrimination irr Federally-assisted prograrns olthe U.S. Departnrent of
Trartsporlation, Federal Highrvay Adrninistration (FHWA), as they rnay be arnended frorn tinte to
tirne, rvhich are hercin incorporated by reference and made a parl of this Agreernent.
2. Nondisc 'imination: The Consultant, rvith regard to the rvork perf,ormed by it during this
Agreement, rvill not discriminate on the grounds of race, color, national origin, sex, age,
disabiliry, incottte-level, or LEP in the selectiou ancl retention of subcontractors, including
procurements of nraterials and leases of equiprnent. The Consultant rvill not participate directly or
indirectly in the discrinrination prohibited by the Acts and the Regulations as set fbrth in
Appendix A, attached hereto and incorporated hereirr by ttris reference, including ernployrnent
practices rvhen this Agreement covers any activity, project, or program set forlh in Appendix B of
49 C.F.R. part 21.
3. So icitations for Subcontracts, Inclutling Procurenrents of Materials ancl Equipment: In all
solicitatiotts, either by conrpetitive bidding, or negotiation made by the Consultant for rvork to be
perfornred urtder a sttbcontract, including procurements of materials, or leases of equiprnent, each
Ci4, oJ'Port Orchard and Technical Syslen,.s. lnc f'l'SI1
Public lllorl<s Project ,Yo. PII'2019-015
ProJ'essiottctl Sen'ice .4greement Contract No. C'0 I 0-20
U Utility l\tanagcrSCADA AdmintRadio Study,Radio P,rth Sun.ey Conrracr docx
8 of l0
Rev 7/18/2019
Scopc of Work
Water and Server System Radio Survey
TSI Provides:
. Field testing for radio conununication betrveen the Port Orchard rvater and server sites
(approxirnately 3 5 sites).
o Reporl rvhich docunrents results of field testing.
TSI anticipates that this field portion of this rvork rvill take roughll, I rveek. The report should be conrplete rvithin 2 to
3 rveeks after the survey. For example, if the start date for the survey is July I't the reporl rvould be ready on or
around August I'r.
Novenrb er 7 ,2019
Mike Deline
City of Port Orchard
1535 Vivian Couft
Port Orchard, WA 98366
Ret'erence: City of Port Orchard
Strbject: Port Orcharcl Radio Survey: -- ReL quote # 7l 88 Rev 4
Dear Mr. Deline:
Technical Systems, [nc. (TSI) is pleased to provide a quote for the above referenced
project.
TSI's price for the Radio Stu'vey for the rvater and rvastervater sites: $28.380
TSI's pricing includes the 9.0%o Port Orchard sales tax but does not include bonding.
Terms: Net 30
FOB: Lynnwood WA
Freight: Prepaid
This quote is valid tbr 120 days.
Please call me if you have any questions regarding this quote.
Sincerely,
A"*th*r, ?*/r*("^?
Andreu, Palrnberg, P.E.
Technical Systerns lnc.
EXHIBIT A
Technical
Syrtems
Inc.
2303 196th Street 5V
Lynnurood, !t/A 98036
Tel 425.775 5696
Fox 425.775.9O74
Exp ect
Excelle nceLeadersh p in contro systems for over 4O years
I
STANDA RD INCLUS'ONS
We provide tlre lollorving unless specit'ically excluded on our bill of rnaterial:
l) Equiprnent shipped FOB factory rvith freight allorved, tailgate, destirration.
2) Field rviring diagrarns shorving intercorurection of field instrurnents and
instrurnentation panels.
3) lnstruction rnanuals as reqtrired.
4) All necessary field start-up and calibration of the equipnrent rve suppl1,.
STANDARD EXCTUS'ONS
We do NOT inclucle the follorving unless specifically included in our bill'of nraterial:
l) Pipe, tubing, valves or fittings betrveen the instnrment and the process.
2) Mounting brackets, stancltiorts, supports or nrounting pads not arr integral paft
of the instrurnent.
3) Labor to install tlre equipment.
4) The Cost, (if due to local union regulations), to have local craftsntan
make adjustrnents or rviring rrrodifications to our equiprnent during
staft-up and cal ibration.
5) Any rnaterial or services not in our quoted sections.
6) This proposal is based on arvard of a supply purchase order and does not
include any of the costs associated rvith bonding or subcontract adrninistration.
lf bonding or a subcontract is required they can be provided for additional cost
potmtial subcrrrhactor or supplier rvill be notified by the Consultant of the Consuhant's
obligatbm undcr this Agreemenl and the Acts and the Rcgutations relative to Nondiscrimination
on the grounds of race, cobr. national origin, sc.r, age, disability, income-lcvel, or LEP.
4. Infornation end R4oftr: Thc Consulmnt will provide all information and t€ports rcquired by
the Acts, ttre Regulations and directives issued pursuant thcreto and rvill permit access to its
books, records. ecrounts, dher sources of information, and its facilities as may be dctcrmined by
the City or the FHWA to bc pertinent to asccttain compliance rvith such Acts, Rcgulations, and
insruaions. Wh€'re any information required of the Csrsultant is in the e.xclusive poesession of
another rvho fails or refiscs to furnislr the information. tlrc Consultant rvill so ertify to thc City
or the FHWA, as appropriate, and rvill sct forth rvhat efforts it has made to ohain the infonnation.
5. Srnctionr for Noncorrplience: In the event of the Consultant's noncompliance with thc Non-
discrimination provisions of this Agreenrent, thc City rvill impose such contract sarctions as h or
the FHWA may determine to be appropriate, including but not limited to:
l. rvithholdint paymcrits to the Consultant under the Agreernent until lhe contractor
complies: andor
2. cancelling terminating or suspcnding the Agreement, in rvholc or in part.
6. Incorpontion of Provirions: The Consultant rvill include the provisions of paragraphs one
through six in svety subcontrct, including procurements of meterials and leases of equiprnort,
unless e(empl by the Acts, the Rcgulations and directives issued pursuant thcreto. The Consltant
rvill take action rvith respect to any subcontract or procurement es the City or the FHWA may
direct as a rncans of enforcing $ch provisiom irrcluding sanctions for noncompliance. Provide4
that if the Consultant becsnes involved in, or is thrcatened rvith litigation by a subcontractor, or
supplier becausc of such directioru the Consultant may requesl the City to enter into any litigation
to protect the intercsts of the City. In addition, the Consultant may request the United States to
enter into the litigation to protoct the interests of the United States.
lN WTINESS WHEREOF, the parties have erecuted this Agreement on the day and year set forth
above.
CITY OF PORT ORCHARD.
w
By:
Robert Mayor
ATTF,ST/A
By:
CONSULTANT
By
e{-
6wt &,1 let
MMC
Narne:
l1
ce€)
City Clerk
APPROVED AS TO FOR..V:
By:
Cates, City Attorncy
Cty,o{Prt MadTccbkol $rtex. lrc tTSlt
Publlc ll'or:b PrSccr !r:o. Pll'2019-015
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APPIINDIX A
During the performance of this Agreement, the Consultant, for itsell its assignees, and successors in
interest agrees to comply rvith the follorving non-discrirnination statutes and authoriries; including but not
lirnited to:
Perti rrert t Non-Disc t'irnination Au tlrori ties:
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Title VI of the Civil Rights Acr of 1964 (42 U .S.C. $ 2000d et seq., 78 stat. 2521, (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part2l.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. S 4601), (prohibits unfair treatment of persons displaced or rvhose property has been
acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highrvay Act of 1973, (23 U.S.C. 5 324 et seq.), (prohibits discrimination on the
basis of sex);
Section 5M of the Rehabilitation Act of 1973, (29 U.S.C. $ 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part27;
The Age Discrimination Act of 1975, as anrended,(42 U .S.C. $ 6l0l et seq.), (prohibits
discrimination on the basis of age);
Airport and Ainvay [mprovement Act of 1982, (49 USC$ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the progranrs or activities of the Federal-aid recipients, sub-
recipients and contractors, rvhether such prograrns or activities are Federally funded or not);
Titles I and ttl of the Arnericans rvith Disabilities Act, rvhich prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public acconrmodation, and ceftain testing entities (42 U.S.C. 0$ l2ll l-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. pafts 37 and 38;
The Federal Aviation Administration's Non-discrinrination statute (49 U.S.C. $ 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex):
Executive Order 12898, Federal Actions to Address Environrnental Justice in Minority
Populations and Lorv-lncome Populations, rvhich ensures discrimination against minority
populations by discouraging prograrns, policies, and activities rvith disproportionately high and
adverse huntan health or environmental effects on minority and lorv-incorrre populations;
Executive Order 13166, [mproving Access to Services for Persons rvith Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrirnination
because of limited English proficiency (LEP). To ensure cornpliance rvith Title V[, you must take
reasonable steps to -ensure that LEP persons have meaningful access to ),our progranls (70 Fed.
Reg. at 740E7 to 74100);
Title IX of the Education Amertdrnents of 1972, as arnended, rvhich prohibits you fronr
discrirninating because of sex in education prograrns or activities (20 U.S.C. l68l et seq).
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City o/'Port Orclnrd ond Technical Systenrs. lnc (TSI)
Public ll'orlrs Project l'o. Pl/2019-015
Professional Serttice .lgreenrcnt C'ontract lio. C0l0-20
L Ltitity lturgcr SCADA Admin.Rrdio Studr Rrdio Prh Suncy Contns docr
l0 of l0
Rcv 7/l&2019
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