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Bremerton/Krazan & Associates, Inc. Oyster Bay Ave Force Main Replacement Rev. 09/2021
PROFESSIONAL SERVICES AGREEMENT OYSTER BAY AVE FORCE MAIN REPLACEMENT
The City of Bremerton (“City”) and Krazan & Associates, 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 March 11, 2022, including any attachments thereto, attached hereto asExhibit A, which is incorporated by reference herein. The Scope of Work may be modified onlypursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecifiedadditional 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 suchservices 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 by July 31, 2022; provided however, that additional timeshall be granted by the City for excusable delays or extra work as provided for in Section X.A ofthis agreement.
III.Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $8,084.00. Consultant’s charges and billsshall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by thisreference.
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 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, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
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IV.Relationship of Parties: Consultant represents that it is skilled in the matters addressedin 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’semployees 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 availablefrom 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. TheCity may, during the term of this Agreement, engage other independent Consultants to performthe 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 PerformingServices 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
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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 combinedsingle limit per accident for bodily injury and property damage; and2.Commercial General Liability insurance written on an occurrence basis withlimits 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/completedoperations/broad form property damage; explosion, collapse and underground(XCU) if applicable; and3.Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and4.Professional Liability insurance with limits no less than $1,000,000 limit peroccurrence/claim; and 5.Workers Compensation insurance as statutorily required by the IndustrialInsurance 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.
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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 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.
In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
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 Poulsbo, 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
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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 photographsor 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 precautionsnecessary 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 thisAgreement at its offices in Poulsbo, 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 entireagreement 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 theAgreement 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 theparties 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: Angela Hoover Attn: Wes Mahan City of Bremerton Krazan & Associates, Inc. 345 6th Street, Suite 100 1230 Finn Hill Rd NW STE A Bremerton, WA 98337-1891 Poulsbo, WA 98370
J.Waiver: Failure to enforce any provision of this Agreement shall not be deemed awaiver 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.
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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.
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 thelaws 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 provisionsherein, 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.Equal Employment Opportunity Statement: In the hiring of employees for theperformance of work under this Agreement, the Consultant, its subcontractors, or any personacting on behalf of Consultant shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,
military status, or the presence of any physical, mental or sensory disability.
IX.ADA Statement: The City of Bremerton does not discriminate on the basis of disabilityin programs and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment
and admission to participation in the programs, services and activities of the City ofBremerton. Reasonable accommodation for employees or applicants for employment will beprovided.
X.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 Bremertonfor convenience. This Agreement may be immediately terminated for cause by a Party if the otherParty 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 currentthrough 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.
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A.Excusable Delays: The right of Consultant to proceed shall not be terminated norshall 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.
B.Rights Upon Termination: In the event of termination, the City shall pay for allservices 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.
XI. Suspension & Debarment. For contracts involving Federal funding, Consultant herebycertifies, 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 immediatewritten 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 signingthis 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 OF BREMERTON
By: Print Name: Tom Knuckey Its: Director, Public Works & Utilities
Date:
APPROVED AS TO FORM:
By: Kylie J. Finnell, Bremerton City Attorney
KRAZAN & ASSOCIATES, INC.
By: Print Name: Wes Mahan Its: Operations Manager Date:
ATTEST:
By: Angela Hoover, City Clerk
DocuSign Envelope ID: 1462C722-E93D-4C0C-BECC-D87A1C46BD25
4/13/20224/13/2022
3/11/2022
SCOPE OF WORK
PROJECT DESCRIPTION
The project as we understand it consists of repairs and replacement of sewer force main on Oyster Bay Avenue between
Kitsap Way and Aresenal Way.
The Scope of Work listed below is based on bid documents provided by the City of Bremerton.
Asphalt Compaction Testing – The inspector will continuously witness placement of hot mixed asphaltic concrete to verify
adherence to project specifications for each type of asphalt used. The inspector will record ambient and asphalt
temperature and results of in place compaction testing using a nuclear densometer. Samples of the asphaltic concrete will
be taken every 400 tons of asphalt placed or at least one sample per day for laboratory testing. Laboratory testing will
include maximum theoretical density (rice value) and extraction / gradation. Additional laboratory services are available
upon request.
Professional Engineer Review – The Professional Engineer assigned to this project will maintain control of all resources,
ensure project manager requests for additional support are met, monitor budget, client satisfaction, and provide senior
technical council and guidance to project manager and lead inspectors per ASTM E329. He will monitor the project on a
regular basis; communicate with owner on an as needed basis. He will perform technical review of the field reports and
laboratory test results.
FEE STRUCTURE
We will perform the services listed above on a time and material basis in accordance with our 2022 standard rate schedule.
Based on the scope of work described in this proposal and our experience with similar projects, Krazan & Associates’
estimates the costs for testing and inspection services to be about $5,584.00. A detailed breakdown of this cost estimate is
attached as Attachment B. Costs for construction testing and inspection services are highly dependent on contractors
schedule; weather, overlapping of work, additional inspections required by the building official and other factors. Krazan &
Associates does not control the work or production rate. Actual costs will vary due to the frequency of scheduling by others.
Therefore the quantities listed in our cost estimate should be considered approximate. The estimate provided herein does
not imply a lump sum fee, not-to-exceed fee or a guaranteed maximum price. Consistent with good engineering practice, we
will work with the contractor to keep inspection costs at a minimum. If provided with a construction schedule this cost
estimate can be further refined and quantified.
Soil Compaction Testing – The inspector will periodically observe and monitor placement and compaction of all structural
fills during mass grading of site / in building pad / pavement areas. In-place soil densities and moisture contents will be
measured using a nuclear densometer to check for compliance with the compaction specifications. Representative samples
of the fill soils will be collected for laboratory testing. Samples of on-site and import fill soils will be tested in accordance with
ASTM D1557 (Modified Proctor) to determine the maximum compacted unit weight and optimum soil moisture content for
use in compaction testing. Additional testing of the soils samples to confirm compliance with the required physical properties
may include: Sieve Analysis (coarse and fine); Atterberg Limits; Hydrometer; Sand Equivalent; CBR; Organic Content. Specific
tests that are anticipated to be performed are listed in the Cost Estimate.
Report Preparation – Krazan & Associates will process both field and laboratory data. A copy of each report will be e-mailed
on a weekly basis, as a minimum. As required by the ICC, reports will be distributed to the client, the project architect or
engineer and to the building official or as directed by the client. Our inspectors will provide immediate verbal notification of
field tests and inspection results to your designated on-site representative and the contractor. The inspector will prepare a
written report after each inspection prior to leaving the site. Final reports of field inspections and laboratory analysis will be
reviewed by the Krazan & Associates project manager before subsequent submittal to the project team members.
Project Management – The project manager assigned to this project will track inspection data and costs and provide the
project design team with status reports when requested. The project manager will oversee and direct all phases of
inspections and supervise and direct all Krazan & Associates personnel associated with this project.
EXHIBIT A - Scope of WorkDocuSign Envelope ID: 1462C722-E93D-4C0C-BECC-D87A1C46BD25
3/11/2022
1.Additional services requested outside of our stated scope of work will be billed in excess of the estimated amount at
our current rates. A price list for these services will be provided upon request.
2.This offer terminates ninety calendar days from the date of issue, unless otherwise stated and agreed.
COORDINATION
CONDITIONS
7.Krazan & Associates, as a professional services firm, is typically not subject to the prevailing wage agreements. Should
by Federal ruling, our services be subject to prevailing wage rates, this proposal is null and void. A new proposal will be
provided to account for additional services and increased wage rates associated with the ruling. This includes any
apprenticeship programs, equal opportunity submittals, affirmative action, union referral statements and/or certified payroll.
These items were excluded from this proposal.
3.Inspections which are cancelled with less than twenty-four (24) hours’ notice, or after an inspector has been dispatched
to the project site, will be charged the minimum fee associated with the type of inspection or testing requested.
4.All concrete samples will be cast in 4-inch diameter x 8-inch high molds unless otherwise agreed.
5.Additional samples for contractor convenience testing and/or field cure samples are not included in this estimate.
6.Contractor will provide curing facilities in accordance with ASTM requirements for initial curing (the first 24 hours after
specimens are cast) and protection of concrete test specimens on site.
The above scope of services will be performed when scheduled by the General Contractor or the client’s designated
representative. Proper scheduling is imperative to the success of the special inspections program. Krazan & Associates
cannot take responsibility for work that has not been inspected if we have not been scheduled nor can we take responsibility
for delays due to insufficient lead-time in scheduling inspections. We recommend that the person scheduling the inspections
contact our office prior to the job starting to discuss required inspection and scheduling procedures.
DocuSign Envelope ID: 1462C722-E93D-4C0C-BECC-D87A1C46BD25
GEOTECHNICAL ENGINEERING · ENVIRONMENTAL ENGINEERING · CONSTRUCTION TESTING AND INSPECTIONS
Attachment A - Estimated Fees for Continuous & Periodic Special Inspection and Material Testing Services
Oyster Bay Ave Force Main Replacement
Oyster Bay Ave
Bremerton, WA
KA Proposal No.:T22078WAP
Project Administrator 3 $62.00 186.00$
N/A 0 $112.50 -$
Trips Units Rate Total
11 44 $75.00 3,300.00$
3,300.00$
Trips Units Rate Total
198.00$
Round Trip Charges (associated mileage) N/A 11 $18.00 198.00$
Units Rate Total
Moisture-Density Relations of Soils, ASTM D 698, D 1557 3 $250.00 750.00$
Soils & Aggregate Lab Testing
Sieve Analysis - Processed (Each Size), ASTM C 136 2 $125.00 250.00$
1,000.00$
Units Rate Total
1
1 $225.00 225.00$
1 $135.00 135.00$
Engineering Technician I (Soils, Asphalt, Concrete Testing)
Engineering Technician I (Overtime)
Project Manager 3 $135.00 405.00$
Laboratory Testing Services
Misc./Other Field Charges
Special Inspection & Testing Services
Subtotal:
Subtotal:
Subtotal:
$135.00 135.00$
Asphalt Concrete (HMA) Lab Testing
Asphalt Content by Ignition Oven (ASTM D6307)
Mechanical Size Analysis of Extracted Sample (ASTM D5444)
Maximum Theoretical Unit Weight (Rice, ASTM D2041;
WSDOT/AASHTO T209)
Professional
Subtotal:495.00$
Total Estimated Cost:
591.00$
5,584.00$
Units Rate Total
Subtotal:
EXHIBIT B - Rates and Fees
Management Reserve $2,500
Total estimated cost (including Management Reserve): $8,084.00
**An additional $2,500 is included in the contract as management reserve that be
only used upon written authorization of the City.
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