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036-20 - Krazan & Associates, Inc. - Contract Amendment 3DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 CITY OF PORT ORCHARD Authorization for Amendment No. 3 Date: June 13, 2023 Project: On -Call Professional Material Testing, Inspection, & Geotechnical Services Contract / Job # C036-20 Contractor: Krazan & Associates, Inc 1230 NW Finn Hill Rd #A Poulsbo, WA 98370 THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT: Section 1. Services by Consultant: Revised Exhibit A Section 4. Compensation: Compensation for services for all Task Orders shall not exceed $70,000.00 (inclusive of all compensation paid after execution of the Agreement but prior to this Amendment), without written authorization and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit A (revised), attached hereto and incorporated herein by this reference. Section 5a. Payment: Increase time and materials Not to Exceed to $70,000.00. In all other respects the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. Continued on -call professional material testing, inspections and geotechnical services is necessary to support inspection of development and City Improvement projects. Amount Sales Tax Total Date Appvd b Original Contract $15,000.00 $0.00 $15,000.00 16-Mar-20 Council Amendment 1 $15,000.00 $0.00 $15,000.00 27-A r-21 Council Amendment 2 $15,000.00 $0.00 $15,000.00 21-Dec-21 Council Amendment 3 $25,000.00 $0.00 $25,000.00 13-Jun-23 Council Total Contract $70,000.00 $0.00 $70,000.00 1 have reviewed the Change Order information above and certifv that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Wes Mahan - ODerations Manaaer Printed Name & Title Public Works Director/City Engineer Tony Lang Printed Name Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved: amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of Attest $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. by: �ORT O�F�DOCUSIgned RCll"N,� � �ln1GlA.bt,SIA.U. `� oG°RQo+tgr�Q;��- o 'SEALa Ma r ocuSigWne/`'d/, by: = •, d' '�%�A , 6VGWI, Vv 1 •�• OF C�� 1 City Clerk 6/13/2023 Council Approval Date Page 1 of 8 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 Amendment No. 3 to Contract No. C036-20 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH Krazan & Associates THIS AMENDMENT No. 3 to Contract No. 036-20 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Krazan & Associates, a Washington corporation ("Consultant"). City and Consultant are each a "Party' and together "Parties" to this Amendment. RECITALS: WHEREAS, on the 16t" day of March 2020, the City executed a Professional Services Agreement for On Call Materials Testing, Inspection and Geotechnical Service with the Consultant ("Underlying Agreement"); and WHEREAS, Amendments 1 and 2 were approved by Council, increasing the underlying Agreements "not to Exceed" amount to a total "Not to Exceed" amount of $45,000; and WHEREAS, additional services for on -call professional materials testing, inspection, and geotechnical services are required by the City in 2023 that will exceed the current value of the Underlying Agreement, as amended; and WHEREAS, requested funding is budgeted in the 2023-2024 biennial budget, and WHEREAS, the Consultant and the City have conferred and agreed to increase the amount of the contract by $25,000 in anticipation of additional work in 2023; and WHEREAS, the parties wish to memorialize their agreement and so extend the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: THIRD AMENDMENT TO AGREEMENT: 1. Amendment. The Agreement is hereby amended to read as follows: A. Section 4. Compensation. Compensation under this Agreement will be on a "time and materials, not to exceed" basis. Compensation for services for all Task Orders shall not exceed $70,000.00 (inclusive of all compensation paid after execution of the Agreement but prior to this Amendment), without written authorization and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit A (revised), attached hereto and incorporated herein by this reference. B. Section 5a. Payment. This Agreement does not guarantee any amount of work for the Consultant. Task Orders will be developed as determined by the City and as provided for Amendment No. 3 to Agreement between City of Port Orchard and Krazan & Associates Contract No.0036-20 Page 1 Updated 4/2022 IBDR Page 2 of 8 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 in this Agreement. The City shall pay the Consultant an amount based on time and materials, not to exceed Seventy Thousand Dollars ($70,000.00) for the services described in Section 1 herein. This is the maximum amount to be paid under this Agreement for the work described in this Agreement and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. PROVIDED, HOWEVER, the City reserves the right to direct the Consultant's compensated services under the time frame set forth in Section 3 herein before reaching the maximum amount. 2. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 3. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 4. Effective date. This Amendment shall be effective as of June 13, 2023. DATED this 13th day of June, 2023. Amendment No. 3 to Agreement between City of Port Orchard and Krazan & Associates Contract No.0036-20 Page 2 Updated 4/2022 IBDR Page 3 of 8 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 CITY OF PORT ORCHARD, WASHINGTON CONSULTANT DocuSigned by: Robert Putaansuu, Mayor dTMENTICATED: bl(AJAJi Brandy Wallace, MMC, City Clerk DbQLSi;Pd4S TO FORM: Charlotte A. Archer, City Attorney Signature Wes Mahan - Operations Manager Printed Name and Title VORT+r�rRr /,,, 'G SSA = OFWA�`�,�`��• Amendment No. 3 to Agreement between City of Port Orchard and Krazan & Associates Contract No.0036-20 Page 3 Updated 4/2022 IBDR Page 4 of 8 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING • CONSTRUCTION TESTING AND INSPECTIONS OLYMPIC PENINSULA DIVISION 2023 FEE SCHEDULE PROFESSIONAL AND TECHNICAL SERVICES Professional Senior Engineer, Engineering Geologist (PE, PEG)........................................................................ $150.00/hr. ProjectManager.................................................................................................................................... $135.00/hr. Staff Professional (Engineer, Geologist)............................................................................................. $95.00/hr. Technicians & Insaection Engineering Technician I (Soil, Concrete, Asphalt)........................................................................... $75.00/hr. Special Inspector (ICC Certified).......................................................................................................... $82.00/hr. Structural Steel Inspection (ICC Certified)........................................................................................ $95.00/hr. Certified Welding Inspector (CWI)...................................................................................................... $110.00/hr. NDT Technician (Level II -UT, MT, PT)................................................................................................ $110.00/hr. GPR Technician (Includes equipment).............................................................................................. $95.00/hr. Anchor/Dowel Pull Testing (includes equipment)........................................................................... $75.00/hr. Travel and Administrative Support RoundTrip Charge................................................................................................................................. $0.65/per mile Project Administrator............................................................................................................................ $65.00/hr. Laboratory Soils & Aaareaate Abrasion (LA 100 & 500 cycles), ASTM C131, C535; AASHTO T96)................................................. $350.00/each Absorption (ASTM C127, C128; AASHTO T84, T85).......................................................................... $125.00/each Atterberg Limits (ASTM D4318; AASHTO T89 & T90......................................................................... $150.00/each Degradation of Aggregate (WSDOT T113).......................................................................................... $250.00/each Material Finer than No. 200 Sieve (ASTM C117)................................................................................. $80.00/each Moisture Content — Aggregate & Soils (ASTM D2216, AASHTO T255, T365)................................. $35.00/each Moisture -Density Relations of Soils, ASTM D 698, D 1557............................................................... $250.00/each Moisture -Density Relations of Soils, ASTM D 698, D 1557, (Check Point) ..................................... $125.00/each Organic Content, Loss by Ignition (ASTM D2974)............................................................................... $175.00/each Sand Equivalent (ASTM D2419; AASHTO T176).................................................................................. $135.00/each Sieve Analysis - Processed (Each Size), ASTM C 136......................................................................... $125.00/each Sieve Analysis —ASTM D6913................................................................................................................ $145.00/each Soundness Coarse/Fine — Sodium or Magnesium, 5 cylces (ASTM C88)........................................ $300.00/each Specific Gravity — Coarse/Fine Aggregate (ASTM C128; AASHTO T85, AASHTO T84) ................... $125.00/each Concrete, Shotcrete, & Gunite Compression Test, 4" x 8" (set of 5) or 6" x 12" Cylinders, ASTM C 39........................................... $25.00/each Compression Test, Cores, (Does not include special pre time (ASTM C42..................................... $60.00/each Coring Cutting (In Laboratory)............................................................................................................. $75.00/each Flexural Test, 6" x 6" beam, Center or Third Point Loading (ASTM C293, ASMT C78) ................ $125.00/each Shotcrete Test Panel — 4 cores (ASTM C1604; AASHTO T24............................................................ $300.00/panel ACI Core Grading Report (ACI 506.2-95)............................................................................................. $150.00/each Masonry Moisture Content (as received, ASTM C140)..................................................................................... $40.00/each Absorption, Unit Weight (ASTM C140)................................................................................................ $100/00/each Compression (ASTM C140)................................................................................................................... $100.00/each Compression Test, Grouted Prisms (ASTM C1388)............................................................................ $150.00/each With Offices Serving the Western United States Page 5 of 8 1230 Finn Hill Rd NW STE A • Poulsbo, WA 98370 • (360) 598-2126 • Fax: (360) 598-2127 9 www.krazan.com DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING • CONSTRUCTION TESTING AND INSPECTIONS Masonry (continued) Compression Test, 3.75" x 7.5" Grout Sample (ASMT C1019)......................................................... $30.00/each Compression Test, 2" Cubes (ASTM C109)........................................................................................ $30.00/each Asphalt Concrete Ignition Furnace Correction Factor (WSDOT SPT728)...................................................................... $360.00/each D5444 - Mechanical Size Analysis of Extracted Aggregate)............................................................ $145.00/each Extraction/Gradation (AASHTO T308, T11 & T27)............................................................................ $350.00/each Maximum Theoretical Unit Weight (Rice, ASTM D2041; WSDOT/AASHTO T209) ........................ $150.00/each Terms & Conditions 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. Basis of Charges Minimum Charges Field services performed by our technicians are subject to a three-hour minimum charge for each day of service, with services in excess of three hours will be billed in one -hour increments. Services in excess of eight hours per day are billed in hourly increments. 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 4:00 pm. Premium charges are applicable on holidays and weekends. Night Shift Differential For services initiated after 4:00 PM or before 7:00 am during any twenty-four (24) hour period commencing at 12:01 am 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 eight 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 eight hours. Double Time Charges Services rendered on holidays, Sunday, in excess of eight 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 Krazan & Associates, Inc. With Offices Serving The Western United States Page 6 of 8 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING • CONSTRUCTION TESTING AND INSPECTIONS Direct expenses, including but not limited to shipping, overnight or expedite 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 percent. 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 percent. Travel Time and Mileage Charges Field services are billed based on time charged portal-to-portal from the closest Krazan office providing the required services. Travel and Subsistence On remote jobs or projects, travel and subsistence, when not furnished, will be charged to the client at cost plus 20 percent; the minimum per diem rate for subsistence is $120.00. 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 four hour notice of cancellation will be subject to two hour minimum charges per day canceled. 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 Services 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 carries in excess of all insurance required by law. Additional costs of extra insurance certificates, coinsurance endorsements or additional insurance will be charged to the client at cost plus 20 percent. 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 so we can provide you with applicable rates. Krazan & Associates, Inc. With Offices Serving The Western United States Page 7 of 8 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING • CONSTRUCTION TESTING AND INSPECTIONS Cost -Of -Living Adjustment The rates presented in this Fee Schedule are applicable only through December 31 of the year published. Krazan 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 2 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. Full Fee Schedule provided upon request. Krazan & Associates, Inc. With Offices Serving The Western United States Page 8 of 8