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043-24 - Krazan and Associates of Washington, Inc - ContractDocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 043-24 Port Orchard Contract #: Authorized Amount: $25,000.00 Date Start: 1/16/24 Date End: 12/31/24 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Krazan and Associates of Washington, Inc, ("Consultant") organized under the laws of the State of Washington, located and doing business at 1230 NW Finn Hill Rd, #A, Poulsbo, WA 98370. Contact Person: David Wright, Phone: 360 598-2126, Email: davidwright@krazan.com (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform work as assigned by the City, which may include the services described in Exhibit "A" of this Agreement which is attached hereto and incorporated herein by this reference as if set forth in full. Additional work may be assigned by the City, however, this Agreement does not obligate the City to assign any specific work or any work to the Consultant. In performing the services, the Consultant shall comply with all federal, state, and local laws and regulations applicable to the services. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 1 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ 0 TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed 25 000 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit „B .11 ❑ OTHER 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant 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. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 2 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on 1 16 24 and ending 12 31 24 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. S. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 3 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 to the City. 7. Relationship of the Parties; Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. 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. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. 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 reasonable attorneys' fees, arising out of or resulting from the negligent and intentional acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.11S, 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, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 4 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 9. 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, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: limits: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 5 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-VII. E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 6 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. Work Performed at the Consultant's Risk. The 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 the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 13. Termination. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 7 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 8 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiali All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. 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 so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. 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 that the terms of the provision are effectuated. 20. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 9 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 21. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 22. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained 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 in full force and effect. 23. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 24. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 10 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIlace@cityofportorchard.us Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Phone No.: Email: 25. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 26. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 27. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 11 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 12 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 29. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. .�L�1►1-11l%LLkI Digitallysigned David Wright David N: —David Wright,i c=US, o=Krazan & Associates, Inc., ou=Poulsb0 Office, email=davidwright@krazan.com v Wri ht— z �9. 5W o Title: Operations Manager Date: May 9, 2024 CITY OF PORT QRCIigAAAF�AA9 ((''1I111I By: Robert Putaansuu, Mayor City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Date: 5/20/2024 7 ES WA., ENTICATE 46ASA54BB)00418... Brandy Wallace, MMC, City Clerk APPR�VF�3 AS TO FORM 9K igned y: Port Orchard City Attorney's Office Updstcd 4n022 IBDR Page 13 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here or attached separately. City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 14 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 Attachment A — Scope of Services The general services required by City may include, but are not limited to: • General inspection services to support City inspection of development and capital projects. • Acceptance sampling and Field Density testing • HMA compaction and compliance setting • Concrete compliance testing and strength testing • Structural special inspections services by WABO certified inspectors • Certification of reinforcing steel placement • Certification of structural steel installation • Geotechnical engineering and preparation of technical reports for roadway related work such as design recommendations for pavement and surfacing cross sections and stability of embankments and retaining walls. • Geotechnical engineering assessments for technical support in the event of land slide, shoreline / creek erosion, etc. • Hazardous materials assessment and due diligence. Page 15 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 EXHIBIT B Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 16 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 -�"Krazan 2024 Fee Schedule - Northwest Region - Washington, Oregon, Idaho Corporate Principals Dean Alexander, REA, RCE, RGE Principal Engineer, President Dave Jarosz, RCE, RGE Vice President, Engineering Services Kip Williamson Managing Partner Regional Key Management Staff Kulwant (Ken) Sahi, PE - Regional Managing Engineer Vijay Chaudhary, PE - Regional Manager Lynnwood 4303 198th St SW, Lynnwood, WA 98036 425-485-5519 Jeffrey Mercer - Operations Manager Michael Rundquist, PE - Geotechnical Division Manager Jordan Kain, PE - Environmental Dept. Manager Kulwant (Ken) Sahi, PE - Regional Managing Engineer acoma 825 Center St Suite A, Tacoma, WA 98409 253-939-2500 William Throne - Operations Manager 'ijay Chaudhary, PE - Regional Manager Poulsbo 1230 Finn Hill Rd NW, Suite A, Poulsbo, WA 98370 360-598-2126 Wes Mahan - Operations Manager Shawn Williams, LEG - Environmental Division Manager Page 17 of 29 DocuSign Envelope ID: 101E212F-A2C5-4C96-8854-879D521B3A87 .Krazan 2024 Fee Schedule Page 2 ScheduleGeneral Fee •r Professional Profession Principal $215.00/hr. Senior Engineer, Engineering Geologist, Environmental Scientist (PE, PEG, CHMM) $182.00/hr. Project Engineer, Engineering Geologist, Environmental Scientist (PE, PEG, CHMM) $165.00/hr. Transportation Construction Quality Assurance Manager (CQAM) $215.00/hr. Transportation Quality Testing Supervisor (QTS), P.E. $165.00/hr. Senior Forensic Consultant $209.00/hr. Senior Materials Analyst $165.00/hr. Project Manager (Professional Services) $160.00/hr. Project Manager $135.00/hr. Licensed Hydrogeologist (LHG) $154.00/hr. Environmental Geologist / Scientist $154.00/hr. Senior Staff Professional $121.00/hr. Staff Professional (engineer/geologist) $110.00/hr. Staff Wetlands Specialist Consultation, Court Prep, Deposition, Testimony — Principal $154.00/hr. $500.00/hr. Consultation, Court Prep, Deposition, Testimony— Registered Professional, Forensic Consultant $400.00/hr. Stand -By at Office (Waiting to be called to Court) By Quote .- Air Barrier Testing Crew $275.00/hr. Cell Tower Inspections - Drone Pilot $154.00/hr. Certified Weld Inspection (AWS Certified) $125.00/hr. Coring - Technician and Equipment (Jobsite coring; 2 man crew) $242.00/hr. Drafting / CADD $105.00/hr. Field Geologist (Soil Bearing Verification) $110.00/hr. Floor Flatness (includes equipment) $150.00/hr. Forensic Technician $110.00/hr. Geotechnical / Environmental Technician $115.00/hr. GPR for Tendon/Rebar locate $110.00/hr. Masonry In -Place Shear (Push) Tests $242.00/hr. Plate Bearing Test, (ASTM D1195, D1196) $242.00/hr. Pulse Velocity (ASTM C597, D2845) $242.00/hr. Rebar Locate Using A Pachometer Or Ferroscan $110.00/hr. Sample Pickup (2 hour minimum) $85.00/hr. Soil and Asphalt Compaction Testing $85.00/hr. Special Inspector (WABO/ICC/ACI Certified; Excluding Structural Steel) $95.00/hr. Structural Steel Inspector (WABO / ICC Certified) $110.00/hr. Page 18 of 29 DocuSign Envelope ID: 101E212F-A2C5-4C96-8854-879D521B3A87 .Krazan 2024 Fee Schedule Page 3 • Transportation Field Inspector $110.00/hr. Transportation Field Tester (Aggregate, Concrete, HMA, Soils) $105.00/hr. Turbidity and Erosion Control Inspection $115.00/hr. Ultrasonic, Magnetic Particle, Dye Penetrant (ASTM E114, E164, E165, E709) $125.00/hr. Windsor Probe (ASTM C803) $110.00/hr. X Ray (2 Man Crew) By Quote Administrative Services Administrative Support $70.00/hr. Clerical/Word Processing/Reproduction $70.00/hr. Drilling (hollow stem auger, w/2 operators) $242.00/hr. Mobile Drill B-40 (truck mounted) $242.00/hr. Mileage (support vehicles) $1.00/mi. Mileage (drill rig) $1.00/mi. Mob / De -mob By Quote Page 19 of 29 DocuSign Envelope ID: 101E212F-A2C5-4C96-8854-879D521B3A87 .Krazan 2024 Fee Schedule Page 4 Laboratory Services - Specialized Services Are Available On Request AL Abrasion (L.A. 100 & 500 cycles), (ASTM C131, C535; AASHTO T96) $400.00 each Absorption (ASTM C127, C128; AASHTO T84, T85) $160.00 each Accelerated Expansion (CRD 148) $506.00 each Atterberg Limits (ASTM D4318; AASHTO T89 and T90) $253.00 each California Bearing Ratio (CBR - includes Proctor) (ASTM D1883; AASHTO T193) $765.00 each Clay Lumps and Friable Particles (ASTM C142) $193.00 each Coal and Lignite (ASTM C123) $160.00 each Consolidation Additional Loads $253.00 each Consolidation Test (ASTM D2435 test includes 5 loads) $765.00 each Degradation of Aggregate (WSDOT T113) $319.00 each Direct Shear Test (ASTM D3080) (Unconsolidated, Undrained, 3 point) $446.00 each Durability Index (ASTM D3744, AASHTO T210) $319.00 each Dust Ratio - After Sieve Analysis (WSDOT 9-00.5) $50.00 each Expansion Index / Swell Test (ASTM D4829) $253.00 each Fertility Analysis (Subcontract) $253.00 each Flat and Elongated Particles, (CRD C-119, WSDOT FOP - ASTM D4791) $193.00 each Fractured Faces - Coarse Aggregate (ASTM D5821, WSDOT/AASHTO T335) $160.00 each Hydrometer Analysis (ASTM D422, AASHTO T88) $253.00 each Light Weight Pieces (ASTM C123) $193.00 each Material Finer than No. 200 Sieve (ASTM C117) $99.00 each Maximum Density - Granular Materials (WSDOT T606) $765.00 each Modulus of Elasticity $253.00 each Modulus of Rupture $226.00 each Moisture Content - Aggregates and Soils (ASTM D2216, AASHTO T255, T265) $33.00 each Moisture Content and Dry density (Liner Sample) $39.00 each Moisture -Density Relations of Soils (ASTM D698, D1557; WSDOT/AASHTO T99, T180) $300.00 each Moisture -Density Relations; One Check -Point (ASTM D698, D1557; WSDOT/AASHTO T99, T180) $125.00 each Organic Content, (Quick Method) Loss by Using Muffle Furnace $75.00 each Organic Content, Loss by Ignition (ASTM D2974) $226.00 each Organic Impurities (ASTM C40; AASHTO T21) $160.00 each Permeability Sample Remold $127.00 each Permeability Using Flexible Wall Permeameter (ASTM D5084) $891.00 each Permeability, Constant Head (ASTM D2434) $572.00 each Potential Reactivity, Chemical Method 3 Determinations (ASTM C289) $1,271.00 each Potential Reactivity, Mortar Bar Method (ASTM C227) $638.00 each R (Resistance) Value (WSDOT 611) $286.00 each R (Resistance) Value, Lime Treated or Requiring Recombining of Aggregates $446.00 each Relative Density Max -Min (ASTM D4253) $380.00 each Page 20 of 29 DocuSign Envelope ID: 101E212F-A2C5-4C96-8854-879D521B3A87 .Krazan 2024 Fee Schedule Page 5 Resistivity (Coarse Soils) $638.00 each Resistivity (Fine Soils) $286.00 each Sand Equivalent (ASTM D2419; AASHTO T176) $160.00 each Saturated/Dry Loose Unit Weight $99.00 each Sieve Analysis - Processed (Each Size), ASTM C136 $145.00 each Sieve Analysis (ASTM D422 excluding hydrometer) $145.00 each Sieve Analysis Fine - including wash (ASTM C136, C117; AASHTO T11 and T27) $145.00 each Sieve Analysis, Coarse, (ASTM C136; AASHTO T27) $145.00 each Soft Particles (ASTM C235) $116.00 each Soil Cement Mix Design (ASTM D558, D4832) $1,144.00 each Soluble Chloride Content $66.00 each Soluble Sulfate Content $66.00 each Soundness Coarse — Sodium or Magnesium Sulfate, 5 cycle (ASTM C88) $319.00 each Soundness Fine — Sodium or Magnesium Sulfate, 5 cycle (ASTM C88) $380.00 each Specific Gravity - Coarse Aggregate (ASTM C127; AASHTO T85) $125.00 each Specific Gravity - Fine Aggregate (ASTM C128; AASHTO T84) $125.00 each Specific Gravity - Soil (ASTM D854; AASHTO T100) $125.00 each . - • Unconsolidated, Undrained $319.00 each Consolidated, Undrained $479.00 each Consolidated, Undrained with Pore Pressure $1,144.00 each Uncompacted Voids - Coarse Aggregate (AASHTO TP56) $160.00 each Uncompacted Voids - Fine Aggregate (AASHTO T304) $160.00 each Unconfined Compression Test (ASTM D2166; AASHTO T208) $193.00 each Unit Weight per Cubic Foot (ASTM C29) $99.00 each Water Absorption (ASTM C127, C128) $99.00 each Weathering (CRD C148) $506.00 each Additional Tests Not Listed By Quote Laboratory Technician Time (For Unusual Sample Preparation, including Crushing) $116.00 each Page 21 of 29 DocuSign Envelope ID: 101E212F-A2C5-4C96-8854-879D521B3A87 .Krazan 2024 Fee Schedule Page 6 Concrete,. and Gunite Winder,: - Compression Test - Cores (Does Not Include Special Prep. time) (ASTM C42; AASHTO T24) $60.00 each Compression Test, 6" x 12" or 4" x 8" Cylinders, (ASTM C39; WSDOT/AASHTO T22, T106) $30.00 each Core Cutting (In Laboratory) $160.00 hour Flexure Test, 6" x 6" Beams, Center -Point Loading (ASTM C293; WSDOT T802) $150.00 each Flexure Test, 6" x 6" Beams, Third -Point Loading (ASTM C78) $150.00 each Modulus of Elasticity Test - Static, ASTM C469 $250.00 each Splitting Tensile, 6" x 12" Cylinders, ASTM C496 $160.00 each Unit Weight Determination (ASTM C1604; AASHTO T24)) $95.00 each Voids and Density of Hardened Concrete (ASTM C642) Shrinkage Length Change (A Set of 3 Bars, 4 Readings, Up to 90 Days), ASTM C157 Modified $160.00 each $380.00 each Additional Reading, Set of 3 Bars $50.00 each Storage Over 90 days, per set of 3 Bars $100.00/month Mix Design A Tests Only, for Concrete Mix Designs; Including Sieve Analysis, Specific Gravity, No. 200 Wash, Organic Impurities, Weight Per Cubic Foot, Per Aggregate Size $1,000.00 each Mix Design, Determination of Proportions (Calculation Only) $650.00 each Review of Mix Design Prepared by Others $300.00 each Trial Batch, ASTM C192 $1,300.00 each Compatibility (ICBO AC31) $950.00 each Post Crack Integrity (ICBO AC31) $890.00 each Freeze Thaw-300 cycles (ASTM C666) $3,800.00 each Initial Set (ASTM C403) $200.00 each Technician and Equipment (Laboratory) $160.00/hr. Shotcrete/Gunite Test Panels — 4 cores (Laboratory) (ASTM C1604; AASHTO T24) $250.00/panel Bit Charge $3.00/in. Materials and supplies QualificationNozzleman Certification of Shotcrete/Gunite Nozzleman in accordance with ACI 506, administer knowledge test, observe test panel production, coring of test panel, laboratory testing of cores Cost + 20% $120.00/hr. ACI Core Grading Report (ACI 506.2-95) $150.00 each Page 22 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 Krazan 2024 Fee Schedule Page 7 Masonry Materials Modulus of Rupture (Flexure) $250.00 each Compressive Strength $115.00 each Absorption - 5 Hour or 24 Hour $130.00 each Boil, 1, 2 or 5 Hour $200.00 each Initial Rate of Absorption $130.00 each Efflorescence (set of 3) $250.00 each Dimensions, Overall, Coring, Shell and Web Thickness $35.00 each Coefficient of Friction (Slip Test) $130.00 each Concrete Block40 Moisture Content as Received $50.00 each Absorption, Unit weigh and Moisture $125.00 each Compression $125.00 each Tension $165.00 each Shrinkage, Modified British, ASTM C426 By Quote Masonry Prisms ASTM :: Compression Test, Grouted Prisms $190.00 each Compression Test, Un-Grouted Prisms $160.00 each Cutting Prisms By Quote Mortar & Grout Compression, 2" x 4" Mortar Cylinder (ASTM C39) $40.00 each Compression, 3.75" x 7.5" Grout Samples (ASTM C1019) $40.00 each Compression Test, 2" Cubes (ASTM C109) $40.00 each In -Place Shear (Push) Tests (ASTM C1531) $176.00/hr. 15 Degree Core Shear Tests (ASTM E519) By Quote Wall Anchors (ASTM E488) By Quote Rhielm Tube Test Kit $100.00 each Rhielm Tube Test Coring / Core Compressive Strength Technician and Equipment (Laboratory) $100.00/hr. $160.00/hr. Bit Charge $3.03/in. Materials and supplies Cost + 20% Cores, Compression $90.00 each Cores, Shear, 6" and 8" Diameter, 2 Faces $127.00/core Page 23 of 29 DocuSign Envelope ID: 101E212F-A2C5-4C96-8854-879D521B3A87 .Krazan 2024 Fee Schedule Page 8 Reinforcing and Structural Steel Tensile & Bend Test, No. 11 Bar or Smaller $127.00 each Tensile & Bend Test, No. 12 Bar or Larger $193.00 each Tensile Test, Mechanically Spliced Bar $193.00 each Receive and Distribute Mill Certificates $33.00 each Prestress and Post -tension Tendons (7-Wire Strands) (Attachments To Be Furnished by Tensile Test and Elongation in 24" for Prestress Strand, ASTM A 416 Client6.. $127.00 each Tensile Test and Elongation in 10" for Prestressing Wire, ASTM A 421 $127.00 each Modulus of Elasticity (Pre -stressing Wire) $127.00 each Welded Specimens Tensile Test, Welded, No. 11 Bar or Smaller $127.00 each Tensile Test, Welded, No. 14 and 18 Bar $193.00 each Tensile Test Welded Coupons (Set of 2, Client Prepared) By Quote Bend Test Welded Coupons (Set of 6; 2 each Face, Root, and Side), Client Prepared By Quote Prepare Welding Procedure Specification (WPS) in accordance with AWS D1.1 $380.00 each Review Welding Procedure Specification (WPS) in accordance with AWS D1.1 $193.00 each Witness Welder Qualification Test $116.00/hr. I As • • Asphalt Concrete Mix Design (Super Pave), up to 3 aggregate bins, (WSDOT SOP732, $6,500.00 each and 731) Each additional bin after 3 bins (for Super Pave Mix) $1,300.00 each Asphalt Concrete Mix Design - Marshall Method (ASTM D1559) $3,800.00 each Asphalt Content Of Bituminous Mixtures By Ignition Method (ASTM D6307; WSDOT/ AASHTO T308) $285.00 each Ignition Furnace Correction Factor (IFCF) for Asphalt Content (WSDOT SOP728) $450.00 each Aggregate Gradation on Extracted Sample - Including Wash (AASHTO T11 and T27) $160.00 each Extraction/Gradation (AASHTO T308, T11 and T27) $445.00 each Correlation of Nuclear Gage by HMA Cores (WSDOT SOP730) $380.00 each :• Stability - Marshall, Pre -Mixed (ASTM D1559) $250.00 each Stability - Marshall, Lab -Mixed (ASTM D1559) Molding Specimens and Laboratory Density: M Super Pave, Lab -Compacted 2 Pucks (WSDOT/AASHTO T312) $380.00 each $650.00 each Marshall, Lab -Compacted (ASTM D1559) $380.00 each Maximum Theoretical Unit Weight, (Rice) (ASTM D2041; WSDOT/AASHTO T209) $195.00 each Asphalt Concrete Density - Lab Compacted or Core (ASTM D2726; WSDOT/AASHTO T166) $100.00 each Density of AC Core or Lab compacted Puck by Paraffin Coating (ASTM D1188; AASHTO T275) $130.00 each Air Void Analysis - Calculations $70 00 ach DocuSign Envelope ID: 101E212F-A2C5-4C96-8854-879D521B3A87 .Krazan 2024 Fee Schedule Page 9 Miscellaneous• Equipment Compression Test $40.00 each Density $94.00 each Fireproofing Thickness, Field Sampling by Technician $1,005.00/hr. Oven Dry Density $90.00/sample Cohesion (ASTM E736) $90.00 each Materials and supplies Cost + 20% Equipment Air Barrier Test Equipment $550.00/day Air Meter (Concrete) — Pressure $11.00/day Air Meter (Concrete) — Volumetric $11.00/day Calibrated Torque Wrench (capacity exceeding 200 ft-lb) $33.00/day Calibrated Torque Wrench (max. capacity 200 ft-lb) $22.00/day Core Barrel Usage Charge $3.19/in. GPR Unit (Proceq-Handy Search) & Ferroscan $127.00/day Mob / De -mob of the Mobile Laboratory By Quote Mobile Laboratory By Quote Nuclear Density Gauge $22.00/day Pachometer $66.00/day Paint Thickness Gauge (electronic) $33.00/day Per Diem (Outside 50 mi radius of KA office) $226.00/day Proof -load Equipment (testing of anchor bolts, no specialized fixtures) $253.00/day Schmidt Hammer $22.00/day Skidmore -Wilhelm device $88.00/day Specialized equipment for Forensic Investigation services By Quote Ultrasonic Testing Equipment (structural steel inspection) $33.00/day Vehicle Mileage (may be billed as a trip charge at calculated mileage) $0.83/mile Windsor Probes (set of 3) $75.00 each X-Ray Film By Quote Page 25 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 _.Krazan 2024 Fee Schedule Page 10 Terms of Payment Invoices shall be deemed delinquent if not paid within 30 days of the invoice date and will be subject to a late payment charge of 1.5% per month or the maximum percentage allowed by law, whichever is the lesser, on the unpaid balance from the invoice date, including the undisputed portions of invoices with disputed charges, until the same is paid, as liquidated damages for additional credit and collection expenses incurred by Krazan & Associates, Inc. Basis of Charges Minimum Charges Field services performed by our technicians are subject to a 4 hour minimum charge for each trip of service; with services in excess of 4 hours will be billed in one hour increments. Weekday services extending beyond 8 hours and not exceeding 12 hours of total service that day will be charged at one and one-half times the Regular Time rate. Services rendered on Saturdays will be charged at one and one-half times the Regular Time rate for the first 8 hours. Field and office -based engineering and administrative services have a one -hour minimum charge and are billed in hourly increments. Expert Witness and Deposition services are billed on half- and full day (4 and 8 hour) basis and hourly after 8 hours. Sample pick-up services are subject to a 2-hour minimum charge. Regular Time Charges Regular time charges are applicable to services initiated Monday through Friday (excluding holidays), between 7:00 am and 3:30 pm. Premium charges are applicable on holidays and weekends. Night Shift Differential For services initiated after 3:30 p.m. or before 7:00 a.m. during any twenty-four (24) hour period commencing at 12:01 a.m. shall be subject to a twenty (20) percent premium above the regular rate. Time and One -Half Charges Time and one-half charges will be rendered on Regular Time weekdays for services extending beyond 8 hours and not exceeding 12 hours of total service that day. Services rendered on Saturdays will be charged at one and one- half (1.5) times the Regular Time rate for the first 8 hours. Double Time Charges Services rendered on Holidays, Sunday, in excess of 8 hours on Saturday, or in excess of 12 hours on weekdays, will be charged at double the Regular Time rate. Reimbursable Expenses and Subcontractor Charges Direct expenses, including but not limited to shipping, overnight or expedited delivery beyond standard postage, photo processing, sublet reproduction, and consumable materials used in field services will be charged to the client at cost plus 20%. Subcontractor, Subconsultant and equipment rental charges, including but not limited to backhoe rental or backhoe services, subcontracted drilling services, concrete pumping services, and subcontracted specialty laboratory testing and inspection services, will be charged to the client at cost plus 20%. Travel Time and Mileage Charges Field services are billed based on time charged portal-to-portal from the closest Krazan & Associates' office providing the required services. Page 26 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 _-Krazan 2024 Fee Schedule Page 11 Travel and Subsistence On remote jobs or projects, travel and subsistence, when not furnished, will be charged to the client at cost plus 20%; the minimum per diem rate for subsistence is $150.00. Clerical and Engineer Review Charges All projects will incur clerical preparation and engineering review charges. Supervisor Charges Supervisor charges are above and beyond hourly and unit rates quoted for testing and inspection services. Cancellation All cancellations without a 4 hour notice of cancellation will be subject to 2 hour minimum charges per day cancelled. Notice of cancellation must be received by our office during our office hours of 7:00 am to 5:00 pm Monday through Friday (excluding holidays) and cannot be left on the voice mail system. Cost of Service Unless expressly stated in a project -specific Proposal or Agreement, services are provided on a time -and -expense basis, subject to the Basis of Charges presented above. Where provided, Cost Estimates are provided in good faith based on the scope of work and assumptions outlined in the Proposal. The term "Cost Estimate" does not imply a maximum contract amount, but only the extension value of our unit prices at the time of proposal preparation. Insurance Krazan & Associates, Inc. carries in excess of all insurance required by law. Additional costs of extra insurance certificates, co-insurance endorsements or additional insurance will be charged to the client at cost plus 20%. Prevailing Wage Rates The rates presented in this Fee Schedule are not applicable for projects where Prevailing Wage or other collective bargaining labor and benefits rates apply. Our past experience on government funded projects in the Northwest Region (Washington/Oregon/Idaho), including those subject to Davis -Bacon and Related Acts (DBRA) wage requirements is that there is no existing determination for the professional services that we provide and that our services are NOT subject to those wage provisions. In the event that you as our client believe we are subject to Prevailing Wage requirements, it is your responsibility to submit a request to the Lead Agency so that they can obtain a determination from the U.S. Secretary of Labor. In the event that your project is a Prevailing Wage project please notify Krazan & Associates so we can provide you with applicable rates. Cost -of -Living Adjustment The rates presented in this Fee Schedule are applicable only through December 31 of the year published. Krazan & Associates should be contacted to obtain rates applicable for your project area and the year in which our services are to be provided. Where projects are on -going beyond December 31 of the year the services were initiated, the rates presented in this fee schedule are subject to an annual cost of living adjustment based on the consumer price index for the geographic area where our services are being provided, but in no case less than 10 percent. For non -prevailing wage projects rates may be fixed for the duration of a project where the duration is one year or less where so specified in a project -specific proposal or rate table; project rates will then be negotiated on an annual basis. Should a DBRA determination be made and where there is an automatic escalation of the rate during the term of the agreement the escalation rate (in percent increase) shall apply to our billing rates. Page 27 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 28 of 29 DocuSign Envelope ID: 101 E212F-A2C5-4C96-8854-879D521 B3A87 • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Krazan & Associates of Washington, Inc. On Call Materials Testing Up&tod 4/2022 IBDR Page 29 of 29