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Bremerton/Krazan
Materials Testing Services for Marine Drive Water Main Replacement
Rev. 06/2020
PROFESSIONAL SERVICES AGREEMENT
Materials Testing and Laboratory Services for Marine Drive Water Main Replacement /
#4555
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 June 10, 2021, 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 and upon request by the City. The
parties agree that the material testing and laboratory services described in Exhibit A are to be
completed by November 3, 2021.
III.Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $22,978. Services shall only be performed
and billed as requested by the City. Consultant’s charges and bills shall conform to the fee schedule
attached hereto as Exhibit A 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 Exhibit A.
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
A.
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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Materials Testing Services for Marine Drive Water Main Replacement
Rev. 06/2020
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, 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
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Materials Testing Services for Marine Drive Water Main Replacement
Rev. 06/2020
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
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.
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Materials Testing Services for Marine Drive Water Main Replacement
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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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Materials Testing Services for Marine Drive Water Main Replacement
Rev. 06/2020
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.
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 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 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:
CITY:
Attn: Angela Hoover
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337-1891
Notices to be sent to:
CONSULTANT:
Attn: Wes Mahan
Krazan & Associates, Inc.
1230 Finn Hill Road NW, Suite A
Poulsbo, WA 98370
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.
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Materials Testing Services for Marine Drive Water Main Replacement
Rev. 06/2020
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 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.Equal Employment Opportunity Statement: In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subcontractors, or any person
acting 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 disability
in 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 of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
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 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.
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Materials Testing Services for Marine Drive Water Main Replacement
Rev. 06/2020
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.
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.
XI.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:
CITY OF BREMERTON
By:
Print Name: Thomas Knuckey
Its: Director of Public Works & Utilities
Date:
APPROVED AS TO FORM:
By:
Bremerton City Attorney
CONSULTANT:
KRAZAN & ASSOCIATES, INC.
By:
Print Name: Wes Mahan
Its: Operations Manager
Date:
ATTEST:
By:
Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx
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7/15/20217/19/2021
With Offices Serving the Western United States
1230 Finn Hill Road NW, Suite A ● Poulsbo, WA 98370 ● (360) 598-2126 ● Fax: (360) 598-2127 ● www.krazan.com
June 10, 2021
City of Bremerton
Mr. Robert Endsley
345 6th Street, Suite 100
Bremerton, WA 98337
robert.endsley@ci.bremerton.wa.us
RE: Statement of Qualifications for Material Testing
Marine Drive Water Main Replacement
Mr. Endsley,
We are pleased to present our Statement of Qualifications for the Marine Drive Water Main Replacement
project. As you know, Krazan is currently working with the City of Bremerton on the 6th Street Pavement
Restoration Phase I project, and in the past, we have provided construction testing and inspection
services for the Kitsap Lake Elementary SRTS project, Warren Avenue Playfield Renovation, and the 16th and Warren project; we are familiar with your expectations and requirements.
Krazan strategically opened the Poulsbo office to support the projects of our long-standing clients and
this has grown to supporting public and private clients throughout the Olympic Peninsula. We are staffed
by locals, those living within the Peninsula communities, which we now serve. Krazan's Peninsula team has successfully completed numerous projects related to construction of pavement repair and overlays
with a thorough understanding of standards, specifically for federally-funded projects, and requirements
and expectations of local jurisdictions and the City of Bremerton.
We understand that the City's project for the Marine Drive Water Main Replacement project will have need of sampling and testing of roadway materials. The project, as we understand it, includes the
abandonment of the existing water main along Marine Drive, installation of approximately 5,800 lf of
ductile iron water main, water services, hydrants, blow-offs, air/vacuum assemblies, pavement repair,
and 2 in. HMA overlay. Material testing services may include, but are not limited to:
•HMA compliance testing•Concrete compliance testing
•Concrete strength testing
•Acceptance sampling•Related lab analysis as necessary
We have provided material testing and special inspection services to the City since 2002. Krazan's
Washington offices are fully accredited by: the International Accreditation Service (IAS), the Washington Association of Building Officials (WABO), the American Association of Highway and Transportation
Officials (AASHTO), and the United States Army Corps of Engineers (USACE). Krazan also participates
nationally with the AASHTO Materials Reference Laboratory (AMRL) and the Cement & Concrete
Reference Laboratory (CCRL) reciprocal testing programs.
We understand that federally funded projects are time sensitive and it is important that the work
gets done correctly the first time as not to delay the project or go over budget. Krazan has worked on
numerous federally funded (WSDOT / FHWA) projects, we are aware of the importance of testing in
compliance with the record of materials (ROM), and also understand the importance of documentation.
EXHIBIT A
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Marine Drive Water Main Replacement
Material Testing
City of Bremerton
Page 2
We are proposing myself, Wes Mahan, as Project Manager and main point of contact. I have over 20 years of
experience in construction materials, inspection and laboratory testing, with a diverse background in the fields of
soils, deep-foundation pilings, asphalt, structural steel, masonry and structural concrete. I have extensive public
works experience, including roadway, sanitary sewer, and water main improvements. I will ensure that the City's
project is delivered "on time and on budget" and that our personnel are complying not only with the testing and inspection requirements, but the safety requirements as well.
The following are select examples of similar projects we have executed in and around the Peninsula area. Many
of these projects are with clients that we have continued to provide services to due to our responsiveness and
continued effort to meet, or exceed, expectations.
Project Name Project City Client
6th Street Pavement Restoration Phase I;
861: Marine Drive SW LID Retrofit; Kitsap
Lake Elementary SRTS; Lebo Blvd. Roadway
Improvements; 16th & Warren; Austin Drive
Bremerton City of Bremerton
Seabeck Highway UG Conversion Seabeck Potelco, Inc.
Race Street Complete Street Port Angeles Vanir / City of Port Angeles
Wyatt Way Reconstruction;
2019 Annual Drainage Program (Eagle Harbor Rd)
Bainbridge Island City of Bainbridge Island
Washington Blvd. Improvements;CKTP Brownsville Forcemain Emergency
Replacement
KingstonSilverdale Kitsap County Public Works
Maple Avenue Water Main Port Orchard City of Port Orchard
Keyport Replace Water Mains - Naval Base Kitsap Silverdale Advanced Technology Const.
Hunt & Skansie Intersection Gig Harbor Hunt Skansie Land, LLC
Nevada Avenue Paving Port Orchard James Construction, Inc.
Visitor Center Parking Improvements Port Townsend City of Port Townsend
LEKT Health Clinic Access Improvements Clallam County Lower Elwha Klallam Tribe
Sophus Corriea Loop Road Blyn Jamestown S'Klallam Tibe
Attached are hourly rates for anticipated testing, based on described scope of work in the City's RFQ and our
experience with similar projects. We are committed to the area and would appreciate the opportunity to
continue to provide construction materials testing and inspection to the City of Bremerton. We look forward to working with the City again; we have the proven experience to continue to provide professional and timely
services.
Respectfully submitted,
KRAZAN & ASSOCIATES, INC.
Wes A. Mahan
Peninsula Operations Managerwesmahan@krazan.com
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Marine Drive Water Main Replacement
Material Testing
City of Bremerton
Page 3
Scope: Testing and Inspection Services Trips/Tests Hours Rate Total
Field Quality Control Services
Soil Compaction Testing 40 trips 160 $70.00 $11,200.00
Asphalt Compaction Testing 4 trips 32 $70.00 $2,240.00
Asphalt Compaction Testing (Night/OT)4 trips 8 $105.00 $840.00
SUBTOTAL $14,280.00
Laboratory Materials Testing Services
Maximum Density/Optimum Moisture (ASTM
D1557)
6 each N/A $225.00 $1,350.00
Sieve Analysis Coarse 6 each N/A $125.00 $750.00
Sand Equivalent 4 each N/A $125.00 $500.00
Fracture Face 2 each N/A $125.00 $250.00
Degradation 2 each N/A $250.00 $500.00
LA Abrasion 2 each N/A $300.00 $600.00
Asphalt Extraction (Ignition Oven)4 each N/A $225.00 $900.00
Sieve Analysis of Extracted Material 4 each N/A $125.00 $500.00
Theoretical Maximum Unit Wt., RICE (ASTM
D2041)
4 each N/A $135.00 $540.00
SUBTOTAL $5,890.00
Miscellaneous
Vehicle Round Trip Charge (associated mileage) 48 each N/A $21.00 $1,008.00
SUBTOTAL $1,008.00
Project Support Services
Project Administration N/A 12 $55.00 $660.00
Project Manager N/A 12 $95.00 $1,140.00
SUBTOTAL $1,800.00
ESTIMATED TOTAL COST $22,978.00
Krazan can provide the requested field sampling and testing; however, the requirements for WSDOT 5.04 (HMA
mix design) are customarily provided by the contractor as part of their submitted list from the WSDOT QPL for
anticipated materials used on-site. Krazan can provide new/verification of the HMA mix design, which is usually
provided to the contractor by the asphalt supplier.
A 3-hour minimum charge, portal-to-portal charge applies to all inspections. The estimate provided above does
not imply a lump sum fee, not-to-exceed fee or guaranteed maximum price. This cost estimate does not in-
clude retests or change in conditions or schedule.
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