Loading...
HomeMy WebLinkAbout6086AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Kennedy Jenks, Inc. for Design of the 2nd Street Stormwater Treatment Plant Project 5I Study Session Date: February 12, 2020 COUNCIL MEETING Date: February19, 2020 Department: Public Works & Utilities Presenter: Phone: Katie Ketterer (360) 473- 5334 SUMMARY: The stormwater outfall at 2nd Street, adjacent to the Bremerton Marina and Boardwalk, serves a 16 acre drainage basin that includes a large portion of Bremerton's downtown. A stormwater treatment retrofit system for this drainage basin will filter out debris and some oils preventing those contaminants from reaching Sinclair Inlet. Kennedy Jenks was selected, based on their qualifications, to design the treatment retrofit and provide bid ready construction documents for the project. The contract amount to complete the work is $33,500. ATTACHMENTS: 1) PSA with Kennedy Jenks FISCAL IMPACTS (Include Budgeted Amount): The contract amount is $33,500 and the 2020 Budget has sufficient funds for this project in the Stormwater Capital Budget. The construction of the project has an estimated value of $100,000. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Kennedy Jenks Inc; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: AApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 PROFESSIONAL SERVICES AGREEMENT Second Street Stormwater Treatment The City of Bremerton("City")and Kennedy Jenks("Consultant"),referred to collectively as the"Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule included in Exhibit A; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement,the City shall pay Consultant in an amount not to exceed$33,500. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibits A& B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibits A& B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's Page 1 of 13 Bremerton/Kennedy Jenks Second Street Stormwater Treatment Rev. 10/2019 employees and other Consultants. 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. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance,Business&Occupation,State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent,the City may withhold the delinquent amount,plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. 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 all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to 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. 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. The provisions of this section shall survive the expiration or termination of this Agreement. Page 2 of 13 Bremerton/Kennedy Jenks Second Street Starmwater Treatment Rev. 10/2019 VI. 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,employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: L Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than$1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance(if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Page 3 of 13 Bremerton/Kennedy Jenks Second Street Stormwater Treatment Rev. 10/2019 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason,proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles ("GAAP")to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. 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,Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Federal Way, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: 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. Page 4 of 13 Bremerton/Kennedy Jenks Second Street Stormwater'Treatment Rev. 10/2019 All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Federal Way, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral,that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Chance Berthiaume Attn: Ben Fuentes, P.E. City of Bremerton Kennedy/Jenks Consultants 345 6ch Street, Suite 100 32001 32nd Ave. South, Suite 100 Bremerton, WA 98337-1891 Federal Way, WA 98001 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred 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 and remain in full force and effect. I,. Compliance with Laws: Consultant shall comply with all applicable Federal,State, and local laws in performing its obligations under this Agreement. Page 5 of 13 Bremerton/Kennedy Jenks Second Street Stormwater Treatment Rev. 10/2019 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state,or other source for work described in Section I herein, and that funding is withdrawn,reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work,the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: I)any acts of the federal government in controlling,restricting,or requisitioning materials, equipment,tools, or labor by reason of war, national defense, or other national emergency; 2)any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER,that the Consultant must promptly notify the City within ten(10)calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Page 6 of 13 Bremerton/Kennedy Jenks Second Street Stormwater Treatment Rev. 10/2019 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm,Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended,ineligible,excluded or disqualified. IN WITNESS WHEREOF,the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Kennedy/Jenks Consultants By: By: Print N Greg Wheeler Print N e: &Srt Futaft Its:Mayor,City of Bremerton Its: Pri c:pA 1, Knotty Tty!k'! Date: �-.�2t. `2o zo Date: 2�y'f Svc APPROVED AS TO FORM: ATTEST: By'.,V1" N""74 coo, By: /N .4.4/k—d'u Roger A. Lubovich,Bremerton City Attorney Angela Hoover,City Clerk R:1Legal\Lcgal\FormsWORMS ON COBWEB\Professional Services Agreement Rev 10 2019.docx Page 7 of 13 Bremerton/Kennedy Jenks Second Street Stormwater Treatment Rev. 10/2019 Exhibit A Scope of Services The scope of services provided below supports the City of Bremerton's project goal of voluntarily installing water quality treatment improvements for the Second Street stormwater system. Task 1 — Project Management Kennedy Jenks has assigned Ben Fuentes P.E. to be the Project Manager and primary point of contact, supported by Principal Engineer Ross Dunning, P.E., and other project team members as appropriate. Ben will be responsible for providing oversight regarding Kennedy Jenks' team member adherence to the scope, schedule,and budget for the project. Work to be performed under this task includes ongoing communication with the City and Kennedy Jenks' project team, project setup and invoicing, and tracking and management of the project schedule and budget for an assumed 4-month project duration(2 months for design and 2 months for construction related support). Task 2 —Design and Bid Support Kennedy Jenks will prepare design and bid documents for retrofitting the existing drainage system at the eastern end of Second Street with a CDS system. The improvements to be designed under this contract include the following: • CDS system sized in accordance with Washington State Department of Ecology(Ecology) General Use Level Designation for Pretreatment, dated August 2018, to treat the water quality flowrate and bypass peak flows from the approximately 16-acre drainage area. • Short spools of piping and two flexible couplings to connect the CDS system to the existing drainage system. • Engineered earthen subgrade and backfill. • In-kind asphalt pavement resurfacing, limited to trenching extents. • Temporary erosion and sediment controls (TESC)during construction. The design budget for this task is shown on the attached Kennedy Jenks' fee schedule,based on current understanding of the project and assumptions listed later in this scope of work. If the elements of the project deviate from the key assumptions,a revision of the budget through a contract amendment will be necessary. The design budget includes preparation of four design sheets listed below and technical project specifications appropriate for bidding and construction. • Cover Sheet, Vicinity Map, and List of Drawings • Legend, Abbreviations, General Notes,and TESC Details • Stormwater Treatment Plan Page 8 of 13 Bremerton/Kennedy Jenks Second Street Stormwater Treatment Rev. 10/2019 • Stormwater Treatment Section and Civil Details. The following subtasks will be completed to inform the design: Subtask 2.1 —Hydrologic and Hydraulic Modeling Kennedy Jenks prepared a hydrologic and hydraulic(HH)model of the existing drainage system under a previous authorization with the City. Under this subtask, Kennedy Jenks will update the HH model to incorporate the CDS system with the goal of treating the water quality flowrate in accordance with Ecology GULD guidelines, and bypassing larger peak flows,up to the 25-year 24-hour storm event,without flooding,to the extent feasible, based on existing drainage conditions. A report with the model results and data used will be provided to the city as a deliverable. Subtask 2.2—30% Design A 30 percent design level plan sheet will be prepared including basis of design criteria such as traffic loading criteria, calculated peak 25-year 24-hour flow rate and water quality flow rate, piping materials, GULD-specified CDS system cutsheet, etc. for City concurrence prior to moving forward with design. Subtask 2.3—Draft Final Design A draft final design package comparable to a 90 percent design completion level will be prepared that includes Draft Bid Issue Design Plans, Technical Specifications, Bid Schedule, and range of magnitude(ROM) construction cost estimate. Subtask 2.4—Final Design After receipt of City comments on draft deliverables,a final design package will be prepared including Bid Issue Design Plans,Project Manual, and Bid Schedule, and ROM construction cost estimate. Final design sheets will be provided on CD in AutoCAD Civil 3D 2018 format to be used for as-built records. Input files for Autodesk Storm and Sanitary 2018 used to model the existing drainage system and proposed improvements will be provided on CD. Subtask 2.5—Bid Support The scope of services for this task include attending a pre-bid site walk with contractors, responding to questions during the bidding period and reviewing bid tab for unbalanced bid items. It is assumed that the City will contract directly with the selected contractor for construction. Task 3 —Construction Support Kennedy Jenks will assist the City with engineering services and limited oversight during construction. Page 9 of 13 Bremerton/Kennedy Jenks Second Street Stormwater Treatment Rev. 10/2019 Subtask 3.1 —Construction Meetings The project manager and project engineer will physically attend one construction meeting and up to 3 phone conference meetings during the assumed 2-month construction duration, including time for contractor submittal review and approval. Performing a substantial completion inspection and preparation of as-built drawings are currently outside of Kennedy Jenks authorized scope of services. Subtask 3.2—Submittals Kennedy Jenks will log, review, and respond to submittals from the selected contractor. It is assumed that up to 12 submittals(including review of potential revisions of rejected submittals) will be reviewed and responded to electronically. Submittals could include but not be limited to CDS system shop drawings; import earthwork material gradation reports; shoring plans;asphalt pavement mix designs; geotextile product data; and piping and flexible coupling product data. Subtask 3.3—Requests for Information (RFIs) and Change Order Budget is included under this task for Kennedy Jenks to review and respond to up to two RFIs and one change order electronically. Owner Responsibilities Kennedy Jenks assumes the City will conduct the following activities: • Provide input to assist with locating the CDS system installation. • Review and provide comments on the deliverables at each stage of design completion and review updated documents to determine that the previous comments have been adequately addressed. Participate in decision-making and provide a best-faith effort to make key decisions in a timely manner and provide review comments as early in the design process as possible. • Obtain all permits necessary for construction not required to be obtained by the contractor. • Prepare the front-end specifications of the project manual (Divisions 0 and 1) including but not limited to the bidding requirements, contract agreement, general conditions, prevailing wage rates, etc. Kennedy Jenks will contribute the bid schedule and general description of work to be included in Divisions 0 and 1. • Provide an electronic copy of a sample plan sheet border, required standard details, TISC requirements, and a Project Manual including Division 0 and 1 specifications (Bidding Page 10 of 13 Bremerton/Kennedy Jenks Second Street Stormwater Treatment Rev. 10/2019 Requirements,Agreement, General Requirements, etc.),and Technical Specifications for Kennedy Jenks' review and understanding of the City's typical contractual process. • Produce hard copy drawings and project manuals as necessary for bidding and construction purposes. Assumptions and Exclusions Kennedy Jenks requests the following assumptions and exclusions apply to the work to be performed. • Evaluation for contaminated soils or groundwater is not included in Kennedy Jenks' scope of work. Kennedy Jenks has the qualifications to provide environmental investigation and evaluation services. These services, if requested, would be provided through a contract amendment. • AutoCAD Civil 3D 2018 will be used to prepare design drawings and Autodesk Storm and Sanitary 2018 will be used to model the existing drainage system and proposed improvements. • Traffic control plans, dewatering, dewatering treatment,and shoring, if required, will be designed by the contractor. • Kennedy Jenks' scope of services does not include wetland, endangered species, or cultural resources evaluation. • Rerouting existing utilities(water, gas,power, sanitary sewer, etc.) will not be necessary, and the contractor will be responsible for protecting existing utilities in place. • Survey and potholing will not be necessary,and existing data provided by the City will be sufficient for design purposes. The city will provide these services as needed. • A stormwater site plan and/or hydraulic report will not be necessary. Schedule Kennedy Jenks assumes a 4-month project duration(2 months for design and 2 months for construction related support)beginning immediately upon execution of this Agreement. Time extensions may be granted to compensate for construction related schedule impacts beyond Kennedy Jenks control or as otherwise defined in the Agreement. Compensation for Consulting Services Compensation for consulting services will be on a time and expense reimbursement basis, in accordance with Kennedy Jenks' proposed Modified Schedule of Charges dated 1 January 2018 Page 11of13 Bremerton/Kennedy Jenks Second Street Stormwater Treatment Rev. 10/2019 (attached). Based on the proposed scope of services,the estimated budget is$33,500 (see Exhibit B),which shall not be exceeded without prior written authorization. The task budgets included in the Proposal Fee Estimate are approximated based on an assumed level of effort, and it is assumed that unused budget may be moved between tasks. Modified Schedule of Charges Date: January 1,2018 PERSONNEL COMPENSATION Classification Hourly Rate CAD-Technician $95 Designer-Senior Technician $125 Engineer-Scientist-Specialist 2 $120 Engineer-Scientist-Specialist 3 $135 Engineer-Scientist-Specialist 4 $150 Engineer-Scientist-Specialist 5 $165 Engineer-Scientist-Specialist 6 $185 Engineer-Scientist-Specialist 7 $210 Engineer-Scientist-Specialist 8 $220 Engineer-Scientist-Specialist 9 $225 Project Administrator $85 Administrative Assistant $70 Aide $55 DIRECT EXPENSES Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus ten percent for items such as: a. Maps,photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis,travel, and subsistence. d. Specific telecommunications and delivery charges. e. Special fees, insurance,permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work. Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate. Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above. Other in-house charges for prints and reproductions,equipment usage, laboratory analyses,etc. will be at standard company rates. Excise and gross receipts taxes, if any, will be added as a direct expense. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1,through December 31, 2019. Kennedy/Jenks Consultants, Inc. may propose revised rates applicable to work to be performed in 2020. Page 12 of 13 Bremerton/Kennedy Jenks Second Street Stormwater Treatment Rev. 10/2019 X to X o 2 o G r5 o 7 Proposal Fee Estimate Kennedy/Jenks Consultants I(xp CLIENT Name:City of Bremerton Public Works and Utilities t/J O N PROJECT Description: Second Street Stonnwater Treatment Design.Bid.and Construction ' Y Proposal/Job Number.Ft9xxr Date: 1116/2019 wr_ g January 1,2018 Rates(Modltied( c KJ KJ 1 I + --1 E a e $ R 4 7 4 ctassmca'Gon: tow tito Total i.5 8 nHourly Rate 1210 $165 5135 $125 S85 Horns Fees Fees Fees Task 1-Project Management 12 - - 8 3 53.080 SO 53.080 Task 1•Subtotal _ t3 0 0 8 22 53.08C SO 53.080 Task 2-Design Subtask 2 1-Hydrologic and Hydraulic Modesrlo 2 8 1O 59410 SO St 410 Subtask 2.2-30%Demon 4 6 1.3 18 40 55 70C SO 55.700 Subtask 2.3-Draft Final Design 6 12 22 2.1 9 74 S10 31C 50 S10 310 rrl Pa X Subtask 2.4-Final p 2 0.ai Desns 12 .. 30 5 '4 16C SO 54.100 . Subtask 2.5-Bid Support a d 10 51.830 50 S 1.830 '7" W G Task 2-Subtotal 16 32 50 54 10 ;84 323410 . SO 523410 Task 3-Construction Support l.J Subtask 3.1-Construction Meetings 6 9 12 52.250 . S50 52 300 - Subtask 3.2-Submittals 2 B 20 53 R30 S0 53 030 Subtask 3.3-RFIs and Change Order _ b 2 I0 S1.090 SO 51.080 Task 3•Subtotal 1pl 16 14 0 0 42 59.080 -.I 550 57.010 Total: 30 62 64 54 18 228 533,450 S50 533.500 QWoJeCtX1e.1a%C40091,M..SW 114a11n.rt1010 Oo..T[OS cr:p0{ardrerleson Fee Ea711Q4 ACCORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 4.------ 10/1/2020 9/23/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 444 W.47th Street,Suite 900 PHONE T FAX (A/C,No,Ext): (A/C,No): Kansas City MO 64112-1906 E-MAIL - (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED KENNEDY/JENKS CONSULTANTS,INC. 1372164 V INSURER e:Travelers Property Casualty Co of America 25674 p� 275 BATTERY ST.,SUITE 550 INSURER C Lexington Insurance Company 19437 SAN FRANCISCO CA 94111 ,d�, INSURER D �N° INSURER E w INSURER F: COVERAGES CERTIFICATE NUMBER: 15743421 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GL05833581 10/1/2019 10/1/2020 EACH OCCURRENCE ,i$ 1,000,000 /'' DAMAGE TO RENTED ,y/ ..j CLAIMS-MADE ){J OCCUR `" PREMISES(Ea occurrence) $._h000i00U_ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE I'i$ 2,000,0 0/ POLICY A ,JECT , l LOC PRODUCTS-COMP/OP AGG $ 2,000,0 OTHER: $ / A AUTOMOBILE LIABILITY N N BAP9326879 10/1/2019 10/1/2020 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO j BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED X AUTOS ONLY AUTOS , BODILY INJURY(Per accident) $ XXXXXXX X HIRED X NON-OWNED I PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY j (Per accident) $ XXXXXXX' B X 1 UMBRELLA LIAB 1X OCCUR N N ZUP-15R04499 10/1/2019 10/1/2020 EACH OCCURRENCE $ 1,0011K EXCESS LIABCLAIMS-MADE DED RETENTIONAGGREGATE $ 1 000 ._ $ $ XXXXXXX A NDWORKERSEMPLOYERS' YERS' IIONLIABILITY V/N Nr WC9326878 10/1/2019 10/1/2020 X STATUTE PER ['i EERH AND EMPLOYERS'LIABILITY --- ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1$ ),000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE,$ 1,000,0 f� If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 000,000 C PROFESSIONAL N N 026154151 10/1/2019 10/1/2020 $1,000,000 PER CLAIM f LIABILITY $1,000,000 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:2ND STREET STORM WATER TREATMENT.THE CITY OF BREMERTON IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY,AS REQUIRED BY WRITTEN CONTRACT.WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachments 15743421 THE CITY OF BREMERTON n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AT TN: RISK MANAGEMENT }� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6TH STREET,SUITE 100 ACCORDANCE WITH THE POLICY PROVISIONS. BREMERTON WA 98337 AUTHORIZED REPRESENTATIV , , t Xer�����C"' ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D501716 Certificate ID: 15743421 POLICY NUMBER: GL05833581 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR / CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location(s) Of Covered Operations Organization(s): THE CITY OF BREMERTON, WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the schedule, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s)at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury" or"property damage" occurring after: 3. All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 4. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractors or subcontractor engaged in performing operations for a principal as a part of the same project. U-GL-1114-A CW(10/02) Attachment Code: D501717 Certificate ID: 15743421 POLICY NUMBER: GL05833581 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Location And Description Of Completed Operations Organization(s) THE CITY OF BREMERTON,WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or"property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". U-GL-1114-A-CW (10/02) Other Insurance Amendment - Pri.rrtlaiy And Non-gntributory POLICY NUMBER: GL05833581 EFFECTIVE DATE: 10/1/2019 EXPIRATION DATE: 10/1/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: KENNEDY/JENKS CONSULTANTS, INC. Address (including ZIP Code): 275 BATTERY ST., SUITE 550, SAN FRANCISCO, CA 94111 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph is added to the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV— Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same'occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. U-GL-1327-A CW(04/13) Attachment Code: D480676 Certificate ID: 15743421 Named Insured: KENNEDY/JENKS CONSULTANTS, INC. Policy Number: GLO5833581 Policy Term: 10/1/2019 WAIVER OF SUBROGATION (BLANKET) ENDORSEMENT This endorsement modifies insurance provided under the: Commerical General Liability Coverage Part The following is added to the Transfer of Rights of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. Attachment Code: D480677 Certificate ID: 15743421