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AG 20-959 - Krazen and Assiciates, Inc RETURN TO: PW ADMIN EXT: 2700 ID#: 3830 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIY: PUBLIC WORKS/Capital Projects 2. ORIGINATING STAFF PERSON:John Mulkey EXT: 261-3668 3. DATE REQ.BY: 11/30/2020 3. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER _ 4. PROJECT NAME: SW 320th Street Preservation Project Materials Testing 5. NAME OF CONTRACTOR:_Krazan and Associates. Inc. ADDRESS: 825 Centef_Street, Sulte A, Tacoma,WA 98409 TELEPHONE: 253-939-2500 billthroneakrazan.com FAx:253-939-2556 SIGNATUREN 1INf L.: Williann Bs.. Throne TITLE:Operations Manager 6. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN Cl REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# 17-103232-00 BL,EXP. 12/31/ 04130/21 UBI# .EXP. 7. TERM: COMMENCEMENT DATE: Upon Execution COMPLETION DATE: 10/31/2021 8. TOTAL COMPENSATION:$16,490.00 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES d NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: 0 YES 0 NO IF YES,$ PAID BY: 0 CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: none ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: c36214-26500 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED d PROJECT MANAGER JRM 1110 5/2 0 2 0 d DIVISION MANAGER SLH 11/05/2020 8 DEPUTY DIRECTOR _ A DIRECTOR DSW 11/19/2020 ❑ RISK MANAGEMENT (IF APPLICABLE) d LAW DEPT ER 11/16/2020 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT SAW DEPT 12 3 LO Zv IGNATORY(MAYOR OR DIREc-roR) CITY CLERK a ASSIGNED AG# AG ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE"1 "ORIGINALS 1/2020 Cirx OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalmy.com PROFESSIONAL SERVICES AGREEMENT FOR SW 320TH STREET PRESERVATION PROJECT MATERIALS TESTING This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Krazan & Associates of Washington, Inc., a Washington corporation ("Contractor"). The City and Contractor(together"Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: KRAZAN & ASSOCIATES OF WASHINGTON, CITY OF FEDERAL WAY: INC.: John Mulkey,P.E., Senior Capital Engineer William B. Throne 33325 8th Avenue South 825 Center Street, Suite A Federal Way,WA 98003-6325 Tacoma,WA, 98409 (253) 835-2722 (telephone) (253) 939-2500 (telephone) (253) 835-2709 (facsimile) (253) 939-2556(facsimile) John.mulkey@cityoffederalway.com billthrone@krazan.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement,which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than October 31, 2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 3/2017 CITY OF CITY HALL 4S Federal Feder 8th Avenue South Way Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway.com 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from,resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that 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 Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders,partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 3/2017 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 ivivw.cityoffederahvay com follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and$2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement,whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CON IDEN TIA1.1T1'. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. NVORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications,records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 3/2017 CITY OF CITY HALL Federal Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 onv�v.cityoffederahvay com 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual,the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964,the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 [nterj)retzition and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terins of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assi anent and Beneficiaries.Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 3/2017 CITY OF CITY HALL ra I Wa Feder 8th Avenue South 1QAk Federal Way.WA 98003-6325 (253) 835-7000 mvw cityoffederalway com effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement,this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 3/2017 CITY OF CITY HALL 33325 8th Avenue South & Federal Way�, Federal Way,WA 98003-6325 (253)835-7000 www cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jui el , Mayor St ph nie Courtney, CM , qty Clerk DATE: APPROVED AS TO FORM: 04-J ..., r J. Ryan Call, City Attorney KRAZAN &ASSOCIATES OF WASHINGTON, INC.: 1 B I Y• Printed Name: William B. Throne Title: Operations Manager DATE: November 23, 2020 STATE OF WASHINGTON ) } ss. COUNTY OF ' t if L � „) On this day personally appeared before me U ��`� I�l•hit1 �Y�; to me known to be the VI V11 IAA Irw � that executed the foregoing ins meat, and acluio ledged the aid instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20 g Arta Notary Public Notary's signature •s State of Washington t T; JENNIFER HILL Notary's printed Hall hln� l MY COMMISSION EXPIRES June 26,2024 Notary Public in and for the S ate of Washin--Io 1. LICENSE NUMBER 160113 My commission expires 2 PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 3/2017 CITY OF CITY HALL 33325 8th Avenue South <<!` Federal Way.WA 98003-6325 Fe . c,­J (253) 835-7000 www.a1yoffederahvay.corn EXHIBIT A SERVICES 1. Scope of Services: PROJECT DESCRIPTION The project consists of resurfacing SW 320th Street from 1 lth Ave SW to 3rd Place SW, including roadway excavation, planing, removal of existing curb and gutter, sidewalk, concrete approach, and wheelchair ramps. Work includes overlay of SW 320th Street, installation of new curb and gutter, concrete curb ramps, channelization, restoration and utility adjustments. SCOPE OF WORK The Scope of Work listed below is based on our review of the plans dated September 2020. Geotechnical recommendations are to be provided by others. 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 (both coarse and fine); Atterberg Limits; Hydrometer; Sand Equivalent; CBR; Organic Content. Specific tests that are anticipated to be performed are listed in the Budget Estimate. Structural Reinforced Concrete Inspection—The inspector will monitor placement of cast in place concrete to verify adherence to project specifications. Each load, as required, will be checked for proper mix design and adherence to slump requirements. Air content testing is available upon request. Concrete specimens will be cast, transported, and cured as per applicable ASTM requirements. Five (5) cylinders will be cast for each 150 cubic yards of each separate mix design of concrete, or fraction being placed each day. 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. Report Preparation—Krazan &Associates of Washington, Inc. 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. PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 3/2017 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way.WA 98003-6325 (253) 835-7000 mvw.cityoffederahvay.com 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 of Washington, Inc. personnel associated with this project. FEE STRUCTURE We will perform the services listed above on a time and material basis in accordance with our 2020 standard rate schedule. Based on the scope of work described in this proposal and our experience with similar projects, Krazan &Associates of Washington, Inc.'s estimates the costs for testing and inspection services to be about $16,490.00. A detailed breakdown of this cost estimate is incorporated into Exhibit B - Compensation. 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 of Washington, Inc. 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. COORDINATION 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. CONDITIONS 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. Not used. 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. 7. Krazan & Associates of Washington, Inc., 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. 8. This estimate is based on the assumption that structural steel and wood panels will be fabricated in a local (within a 25-mile radius of an existing Krazan &Associates of Washington, Inc. office) AISC Certified structural steel or ICC wood fabrication facility. Should fabrication occur in a non-certified facility, additional costs for travel, time, mileage and/or per-diem will be charged. PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 3/2017 CITY OF CITY HALL 33325 8th Avenue South FederaFederal Way l Way,WA 98003-6325 (253) 835-7000 www o1yoffederalway corn EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Sixteen Thousand Four Hundred Ninety and No/100 Dollars ($16,490.00). 2. Method of Compensation: Hourly rate: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below for the items with a unit of"hours": Unit price In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount, calculated on the basis of the unit rate schedule for service as shown below for the items with a unit of"each. [Fill in rates from below] PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 3/2017 CITY OF CITY HALL Federal a Feder l Avenue South �►.��..:.. Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway com DESCRIPTION VISITS UNITS RATE COST Soil Compaction Testing 10 40 hours $75.00 $3,000.00 Crushed Surface Top Course Proctor Analysis (ASTM D1557) 1 each $250.00 $250.00 Sieve Analysis (ASTM C136) 1 each $125.00 $125.00 Fractured Face (ASTM D5821) 1 each $125.00 $125.00 Sand Equivalent(ASTM D2419) 1 each $125.00 $125.00 Site Concrete Inspection Site Concrete Inspection 10 40 hours $75.00 $3,000.00 Compressive Strength Samples 50 each $25.00 $1,250.00 Compressive Sample Pickup 10 each $60.00 $600.00 Asphalt Paving Asphalt Compaction Testing 6 40 hours $75.00 $3,000.00 Asphalt Rice Density(ASTM D2041) 6 each $150.00 $900.00 Asphalt Extraction/Gradation (AASHTO T309, T11 and T27) 6 each $350.00 $2,100.00 Trip Charge (associated mileage) 26 each $25.00 $650.00 Project Administration 13 hours $105.00 $1,365.00 TOTAL $16,490.00 NOTES: This cost estimate is based on the scope of work and assumptions outlined in our proposal number 20520WAT dated October 14, 2020 which are inclusive by reference. A four-hour minimum charge, portal-to- portal charge applies to all inspections. Costs for construction testing and inspection services are highly dependent on contractors schedule; weather, overlapping of work and other factors. Therefore, the quantities listed in our cost estimate should be considered approximate. Krazan&Associates of Washington, Inc. does not control the work or production rate. Therefore, the estimate provided above does not imply a lump sum fee, not- to-exceed fee or guaranteed maximum price. This cost estimate does not include overtime, retests, or change in conditions or schedule. Project Administration services will be invoiced at 0.5 hours for each site visit. PROFESSIONAL SERVICES AGREEMENT _ 10 - Rev. 3/2017 '`- DATE(MM/DD/YYYY) ,4�'orz�Y CERTIFICATE OF LIABILITY INSURANCE 11/23/2020 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 CONTACT" NAME. Christine Silan Dealey, Renton &Associates PFONE Fdx P. O. Box 12675 ff(Tc.No Ex:): 510-465-3090 Arc.No 51G-452-2193. ArL Oakland CA 94604-2675 ADDRESS I;rt71FC�Ir25 CL�1 dl:3t:�fi.11fOEl.DC7In INSURER(S)AFFORDING COVERAGE NAIC# License#:00207391 INSURERA:Lexington Insurance Company 19437 INSURED KRAZ&AS-01 INSURER B. Krazan&Associates, Inc. 215 West Dakota Avenue INSURERC Clovis CA 93612 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1991968629 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SOUR POLICY Err POLICY EXP LIMITS LTR TYPE OF INSURANCE N D POLICY NUMBER M.MIDD!YYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ­ffAVA-6�To RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one Person) .I s, _ PER SONAL .&ADV INJURY s GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT anHElz: AUTOMOBILE LIABILITY LE I, $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY .AUTOS HIRED NON-OWNED P!EFtTYDAMAGE $ AUTOS ONLY AUTOS ONLY Par ac EI UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB Ld CLAIMS-MADE AGGREGATE $ DF.D RFTFNTIONs I$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUT -ER ANYPROPRIETOR/PARTNER/EXECUTIVE Ya OFFICERIMEMBER EXCLUDED? NIA f E.L EACH ACCIDENT s (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE.__s _ If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT s A Professional Liability 028174909 10/1/2020 10/1/2021 Per Claim $1,000,000 Contractors Pollution Liability I Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) KA Project Number: 066-20388 KA Project Name: SW 320th Street Preservation Project#214/RFB 20-008 Project Location: 11th Avenue SW to 3rd Place SW, Federal Way,WA CERTIFICATE HOLDER CANCELLATION 30 Dav Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. Attn: John Mulkey, PE 33325 8th Avenue S. AUTHORIZED REPRESENTATIVE Federal Way WA 98003-6325 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 11/5/2020 Corporations and Charities System BUSINESS INFORMATION Business Name: KRAZAN&ASSOCIATES OF WASHINGTON,INC. UBI Number: 604 279 189 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 4303 198TH ST SW,LYNNWOOD,WA,98036-6777,UNITED STATES Principal Office Mailing Address: 215 W DAKOTA AVE,CLOVIS,CA,93612-5608,UNITED STATES Expiration Date: 04/30/2021 Jurisdiction: UNITED STATES,WASHINGTON Formation/Registration Date: 04/25/2018 Period of Duration: PERPETUAL Inactive Date: Nature of Business: CONSULTING ENGINEERS REGISTERED AGENT INFORMATION Registered Agent Name: DEAN L.ALEXANDER Street Address: 4303 198TH ST SW,LYNNWOOD,W.A,98036-6777,UNITED STATES Mailing Address: 4303 198TH ST SW,LYNNWOOD,WA,98036-6777,UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL DEAN ALEXANDER GOVERNOR INDIVIDUAL AUGUST HIOCO hftps://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1 Sara Gilchrist From: Bill Throne <BillThrone@krazan.com> Sent: Wednesday, December 2, 2020 2:02 PM To: Sara Gilchrist Cc: John Mulkey, Shelley Springer Subject: FW:S 320th St Preservation [EXTERNAL EMAIL WARNINGI This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hi Sara, Here is authorization for me to sign for Krazan from our President,August Hioco. Thanks William B.Throne Tacoma Operations Manager KRAZAN &ASSOCIATES o. 253-939-2500 c.425-471-1872 billthrone@krazan.com From:August Hioco Sent:Wednesday, December 2,2020 1:52 PM To: Bill Throne<BillThrone@krazan.com> Cc: Ken Sahi<KenSahi@krazan.com>; Dean Alexander<DeanAlexander@krazan.com> Subject: FW:S 320th St Preservation To: Ms.Sara Gilchrist,Administrative Assistant II City of Federal Way,WA From: August A. Hioco, President Administrative Services Krazan &Associates, Inc—Corporate Offices Clovis, CA. Date: 12/02/2020 Subject:Authorization to sign for City of Federal Way,WA Projects Dear Ms. Gilchrist, Please let this email serve as authorization for Mr. Bill Throne,Tacoma Operations Manager to sign for the City of Federal Way Projects on behalf of Krazan &Associates, Inc. Please let me know if you have any questions or concerns. Thank you for your help and time in this request. Sincerely, 1 August A. Hioco, President Admin. Services Krazan &Associates, Inc. 215 W. Dakota Ave. Clovis, Ca. 93612 559-348-2200 augusthioco(c krazan.com z