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HomeMy WebLinkAbout5890PROFESSIONAL SERVICES AGREEMENT 2nd Street Storm Water Treatment Design The City of Bremerton ("City") and Kennedy/Jenks Consultants, Inc. ("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, dated November 19, 2018, 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 attached hereto as 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 $24,480. 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. Within 30 days of 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 Exhibit 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 Exhibit B. If a billing statement does not conform to this Agreement, after prior written notice to Consultant, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 1 of 7 Bremerton/Kennedy Jenks 2"d Street SW Treatment Rev. 07/2018 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 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, to the extent caused by the Consultant's performance of this Agreement except for that portion of the injuries and damages caused by the City's 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 Page 2 of 7 Bremerton/Kennedy Jenks 2"d Street SW Treatment Rev. 07/2018 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. 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: 1. 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 claim and aggregate; 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 each accident / $1,000,000 disease — policy limit / $1,000,000 disease — each employee. 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. Page 3 of 7 Bremerton/Kennedy Jenks 2n1 Street SW Treatment Rev. 07/2018 The Consultant's Commercial General Liability insurance shall be primary and non- contributory insurance as respects to insurance maintained by 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 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 Page 4 of 7 Bremerton/Kennedy Jenks 2nd Street SW Treatment Rev. 07/2018 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. 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 their offices in the states of Washington, Oregon, California, and other supporting offices in the United States as appropriate. 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 1 st 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: CITY: Attn: City Clerk_ City of Bremerton 3456 th Street, Suite 100 Bremerton, WA 98337-1891 Notices to be sent to: CONSULTANT: Attn: Ben Fuentes Kennedy Jenks Consultants, Inc. 3200132 nd Avenue South STE 100 Federal Way, Washington 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 Page 5 of 7 Bremerton/Kennedy Jenks 2°d Street SW Treatment Rev. 07/2018 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. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. 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: 1) 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. Page 6 of 7 Bremerton/Kennedy Jenks 2"d Street SW Treatment Rev. 07/2018 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 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, Inc. By:_ _ Print Name: Chal Martin PE Its: Public Works and Utilities. Director_ Date: APPROVED AS TO FORM: By: 6 ` Roger A. Lubovich, Bremerton City Attorney By: _tru s1"_ Print Nam Its: Date: 1 j f ATTEST: ,I,00iGd,. , 4� g RaLegaKLegalTForms\FORMS ON COBWEMPmfessional Services Agreement Rev 07 20Mdocx Page 7 of 7 Bremerton/Kennedy Jenks 2'11 Street SW Treatment Rev. 07/2018 Exhibit A Kennedy/Jenks C©nsuftents Engineers & Scientists 32001 32nd Avenue South, Suite 100 Federal Way, Washington 98001 253-835-6400 FAX: 253-952-3435 19 November 2018 Mr. Chance Berthiaume, CPMSM Stormwater Permit Coordinator City of Bremerton Public Works and Utilities 100 Oyster Bay Avenue North Bremerton, Washington 98312 Subject: Second Street Stormwater Treatment Design and Bid Documents K/J Proposal No. F18143 (Revised) Dear Mr. Berthiaume: Kennedy/Jenks Consultants (Kennedy/Jenks) is pleased to submit this proposal to assist the City of Bremerton (City) with preparing design and bid documents for stormwater treatment improvements at the eastern end cul-de-sac of Second Street, west of Washington Avenue, in Bremerton, Washington. Scope of Services The scope of services provided below has been prepared based on our understanding of the City's project goal of voluntarily installing water quality treatment improvements. The project will not be funded by Washington State Department of Ecology (Ecology) grants and therefore, is not required to apply treatment certified by the Technology Assessment Protocol - Ecology (TAPE). Kennedy/Jenks' proposed budget for the tasks listed below is attached. Task 1 — Project Management and Site Walk Kennedy/Jenks has assigned Ben Fuentes P.E.to be our 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 2 -month project duration. Budget is included under this task for Kennedy/Jenks' Project Manager and Principal Engineer to attend one 2 -hour site walk with City representatives to discuss the 30% design plan sheet and basis of design criteria to be developed as described in Task 2 below. k!proposalsloreeiedun_city_oNt8143_s mid_ st_swtrealmen@ev RNA proposal brenierlun treatment vat ltrt doc Kennedy/Jenks Consultants Mr. Chance Berthiaume, CPMSM City of Bremerton Public Works and Utilities 19 November 2018 Page 2 Task 2 — Design Kennedy/Jenks will prepare design and bid documents for subsurface gravity -based stormwater treatment improvements into the existing drainage system at the eastern end of Second Street. The improvements to be designed under this contract are anticipated to include the following: • Offline stormwater treatment structure • Offline stormwater pretreatment structure • Flow splitter structure to route water quality flows to treatment and bypass peak flows • Manhole downstream of the flow splitter, pretreatment, and treatment structures to receive both treated and bypassed flows • Limited associated piping • Limited in-kind resurfacing • Temporary erosion and sediment controls during construction. The design budget for this task shown on the attached proposal fee estimate is based on Kennedy/Jenks' current understanding of the project and assumptions listed later in this proposal. If the elements of the project deviate from the key assumptions, a revision of the budget through a contract amendment may be necessary. The design budget included in the attached proposal fee estimate assumes preparation of the six design sheets listed below and the technical project specifications appropriate for bidding and construction. 1. Cover Sheet, Vicinity Map, and List of Drawings 2. Legend, Abbreviations, and General Notes 3. Erosion and Sediment Control Plan, Notes, and Details 4. Stormwater Treatment Plan 5. Stormwater Treatment Sections 6. Civil Details. Kennedy/Jenks Consultants Mr. Chance Berthiaume, CPMSM City of Bremerton Public Works and Utilities 19 November 2018 Page 3 The following subtasks are anticipated to complete the design: Subtask 2.1 — Hydrologic and Hydraulic Modeling Hydrologic and hydraulic modeling will be performed to support design of the stormwater conveyance and treatment improvements. Kennedy/Jenks will use Autodesk Storm and Sanitary 2014 to model the surface drainage characteristics, gravity pipe sizes and materials, and the proposed stormwater treatment improvements. For the purposes of this proposal, it is assumed the conveyance system and proposed treatment improvements will be modeled to accommodate a 25 -year 24-hour storm event while conveying the contributing drainage basin's associated water quality flowrate to treatment. 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, 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, and Bid Schedule. Subtask 2.4 — Final Design After receipt of City comments on the draft deliverables, a final design package will be prepared including Bid Issue Design Plans, Project Manual, and Bid Schedule. Owner Responsibilities Kennedy/Jenks assumes the City will conduct the following activities: • Provide design level survey satisfactory to effectively bid the work. • Provide record drawings and other relevant project information necessary for design purposes including pertinent characteristics of the existing drainage system such as manhole/catch basin rim and sump elevations, and pipe lengths, inverts, materials, and sizes. • Provide drainage basin boundaries, areas, surface slopes, and ground cover characteristics. • Provide stormwater quality characterization data. Kennedy/Jenks Consultants Mr. Chance Berthiaume, CPMSM City of Bremerton Public Works and Utilities 19 November 2018 Page 4 • Provide traffic control and/or planning details. • Provide geotechnical information relevant to the project site with sufficient detail to support design of the proposed improvements. • Provide input to assist with locating proposed stormwater infrastructure. • Provide input to confirm drainage basin delineation and runoff contributions to the proposed infrastructure for hydrologic and hydraulic modeling purposes. • 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 permits necessary for construction unless permits are 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 Project Manual including Division 0 and 1 specifications (Bidding Requirements, Agreement, General Requirements, etc.), Technical Specifications, and Standard Details for Kennedy/Jenks' review and understanding of the City's typical contractual process. • Produce hard copy drawings and project manuals as necessary for bidding purposes. Assumptions and Exclusions Kennedy/Jenks requests the following assumptions and exclusions apply to the work to be performed. • The City will provide complete and accurate survey data of the existing drainage system and project area. • EvaIuation 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 required, would be provided through a contract amendment. Kennedy/Jenks Consultants Mr. Chance Berthiaume, CPMSM City of Bremerton Public Works and Utilities 19 November 2018 Page 5 • Kennedy/Jenks' scope of services does not include stormwater sampling. Design will be based on stormwater characterization data provided by the City. • AutoCAD Civil 3D 2014 will be used to prepare design drawings. • Autodesk Storm and Sanitary 2014 will be used to model the existing drainage system and proposed improvements. • 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 other existing non-stormwater utilities (water, gas, power, sanitary sewer, etc.) will not be necessary. Schedule Kennedy/Jenks is available to start work immediately upon your written authorization to proceed. A draft project schedule with project milestones and approximate completion dates is presented in the table below. Adherence to the schedule proposed herein relies on coordination between multiple parties and may change as the project progresses. Milestone or Activity Date Assumed Authorization to Proceed Early December 2018 _ ___ -_- 30% Design Complete Middle of December 2018 Draft Final Design and Bid Documents Complete Middle of January 2019 Final Design and Bid Documents Complete End of January 2019 Contract End Date 31 December 2019 Compensation for Consulting Services We propose compensation for consulting services be on a time and expense reimbursement basis, in accordance with Kennedy/Jenks' proposed Modified Schedule of Charges dated 1 January 2018 (attached). Based on the proposed scope of services, we estimate a budget of $24,460 (see attached Proposal Fee Estimate), which shall not be exceeded without your prior 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. Mr. Chance Berthiaume, CPMSM City of Bremerton Public Works and Utilities 19 November 2018 Page 6 Authorization We assume this work will be performed under a mutually agreeable professional services agreement. We appreciate the opportunity to prepare this proposal for you. Please call Ben Fuentes at (253) 835-6477 or Ross Dunning at (253) 835-6449 if you have any questions or require additional information. Very truly yours, KENNEDY/JENKS CONSULTANTS Ben ' entes, P.E. ik2 ss- ',Unning, P.E. _C-� Project Manager Principal Attachments: Proposal Fee Estimate Schedule of Charges k" ap6sa15'hre'narton city, A18143 sece c ,A ;w_traaunni Ckr vrtkj p o -,ma: a—.da, aaahnant eauY . � doe C Y Mr... H W d d U. 0 a O O W NI N m G sasuadx3 w + joge,l lelolu01 N w N N y y N y sasuadx3 lei oL N Y s300 H v LL t0 fD 0� of t7 r b jog m � M N W w N N 1¢301 LL i W a.r o F a � O •ulWpd;aa(oJd m N Jau6lsap N O N N 0 P1 O �o O m E -!3S -6u3 M N t0 O t0 1 ♦ N N� m N W 41 mF Q N in N N N b W nl S-log6u3 � N i L -lig -6u3 N y ___. ...Q Q N N; Q• N O Q to to i N ac W € H � I I � m N 3, o N = v CD c O NI N( E D C a o_ m tY m Q yob cIIl3jlf LL O w 00 U CLo O C � y m Of M ❑: lLL ai �� a Q r N N IV M 'V; � (V Z w a N Y N Y. I Sm A fn Kennedy/Jenks Consultants Client/Address: City of Bremerton Public Works and Utilities 100 Oyster Bay Avenue North Bremerton, Washington 98312 Contract/Proposal: Proposal F18143, 19 November 2018 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 ProjectAdministrator............................................................................................. $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, 2018 through December 31, 2018. Kennedy/Jenks Consultants may propose revised rates applicable to work to be performed in 2019. ACORO® CERTIFICATE OF LIABILITY INSURANCE 10/1/2019 DATE(MM/DD/YYYY) 1 11/20/2018 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 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 CONTACT PHONE A/C No Ext _. E-MAIL - ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # DAMAGE TO RENTED PREMISES (Ea occurrence) I $ 1,000,000 INSURER A: Zurich American Insurance Company 16535 INSURED 1372164 KENNEDY/JENKS CONSULTANTS, INC. 303 SECOND STREET, SUITE 300 SOUTH SAN FRANCISCO CA 94107 INSURER B: Travelers Property Casualty Co of America r 25674 INSURER C: Lexington Insurance Company- INSURER D: 19437_ INSURER E: INSURER F: _ $ COVERAGES CERTIFICATE NUMBER: 1 5743421 REVISION Nl1MRFR• YYYYYYY 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'�. LTR ADDL SUBR--- I TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A '. Y N X COMMERCIAL GENERAL LIABILITY GL05833581 _ J CLAIMS -MADE �� OCCUR 10/1/2018 ]0/1/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) I $ 1,000,000 _ _MED EXP (Any one person) $ 5,000 rPERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,00)_000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY X] ECT '-i LOC PRODUCTS - COMP/OP AGG $ 2,000,000 _ $ OTHER: A AUTOMOBILE X X LIABILITY NN BAP9326879 ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS ]0/]/2018 ]O/1/2OI9 COMBINED SINGLE LIMIT (Ea a $ accident) 1,000 000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX X NON -OWNED HIRED Ex AUTOS ONLY AUTOS ONLY PROPERTY -DAMAGE Per accident $ XXXXXXX $ XXXXXXX B i X UMBRELLA LIAB ){ OCCUR N N ZUP-15RO4499 10/1/2018 10/]/2019 EACH OCCURRENCE $ 1,000,0Q0 EXCESS LIAB CLAIMS -MADE ''� AGGREGATE $ 1,000,000 $ XXXXXXX DED RETENTION $ A WORKERS COMPENSATION N AND EMPLOYERS' LIABILITY Y/N WC9326878 ANY PROPRIETOR/PARTNER/EXECUTIVE ER EXCLUDED? N / F` 10/1/2018 10/1/2019 � PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1 QQO 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,Q00 (MandatoryOFFiCER/Min in NH) If yes, describe under I� If DESCRIPTION OF OPERATIONS below , - - -- ---- E.L. DISEASE - POLICY LIMIT $ 1,000,000 C PROFESSIONAL N N 026154151 LIABILITY 10/1/2018 10/1/2019 $1,000,000 PER CLAIM $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 DESIGN. 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. 15743421 THE CITY OF BREMERTON ATTN: RISK MANAGEMENT 345 6TH STREET, SUITE 100 BREMERTON WA 98337 LANkr LLAT IUIV :see Auacnmem., SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENT ©198R 015 ACORD CORPORATION All r'inintc rPQPrwarl 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 Organization(s): Location(s) Of Covered Operations 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 11 - 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 - Primary And Non -Contributory POLICY NUMBER: GL05833581 EFFECTIVE DATE: 10/1/2018 EXPIRATION DATE: 10/1/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: KENNEDY/JENKS CONSULTANTS, INC. Address (including ZIP Code): 303 SECOND STREET, SUITE 300 SOUTH, SAN FRANCISCO, CA 94107 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