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HomeMy WebLinkAbout042814_ca04Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Frank Gifford, Central Services Director DATE: April 28, 2014 RE: Professional Services Agreement — KMD Architects and Planners, Inc. STATEMENT OF ISSUE: The Jefferson County Courthouse Security Audit was performed by the Office of the Administrator for the Courts in 1996. The County has since implemented some of the security improvements recommended in the report and recently determined that the original report should be updated incorporating current court security concepts and contemporary technology. KMD Architects and Planners, PC has significant experience in the design of large court projects and has the expertise needed to update the Jefferson County Courthouse Security Audit report. ANALYSIS: The Consultant will implement the following five tasks under this contract: 1. Review the 1996 Jefferson County Courthouse Security Audit, Jefferson County Courthouse Architectural Drawings (floor plans and site plan), and other applicable documents provided by the County. 2. Investigate the Courthouse building with staff to understand and assess the existing building's physical security level and court security operation. 3. Conduct interviews with various Court, Law Enforcement, County Staff and other stakeholders to understand their security concerns and suggestions for improvement. 4. Presentation of preliminary security assessment and mitigation options with cost estimates and recommendations. 5. Finalize Courthouse Security Audit report based on information gathered and direction received during Task 4. The report will consist of the security evaluation, security improvement recommendations and priorities and associated cost estimates. FISCAL IMPACT: The cost for the project is not to exceed $27,000 and will paid from the Construction and Renovation Fund. Consent Agenda RECOMMENDATION: Approve and sign the Professional Services with KMD Architects and Planners, Inc. REVIEWED BY: i ounty Admi ii ator �134-1,-,-- Date PROFESSIONAL SERVICES AGREEMENT FOR Courthouse Security Audit THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County ", and KMD Architects and Planners, Inc. , hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Designation, The Consultant is retained by the County to perform a security audit of the Jefferson County Courthouse. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed. Consultant receipt of a Notice to Proceed shall constitute said notice. Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "B" with day one beginning upon receipt of the Notice to Proceed from the County. 4. Payment. The Consultant shall be paid by the County for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to Consultant shall not exceed $27,000 without express written modification of the agreement signed by the County. b. The consultant may submit invoices to the County once per month during the progress of the work for payment for project work completed to date including hourly and reimbursable expenses to date per Exhibit "A ". Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved, Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. C. The Consultant's records and accounts pertaining to this agreement are to be kept Page 1 of 8 available for inspection by representatives of the County and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this agreement. 7. Indemnification. Consultant shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. Insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the COUNTY named as an additional insured in connection with the CONSULTANT'S performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; Page 2 of 8 i C. Broad Form Contractual /Commercial' Liability — including completed operations; d. Premises — Operations Liability (M &C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. To the extent the Consultant, or anyone acting on the Consultant's behalf in furtherance of the Scope of Work made part of this Contract or in furtherance of this Contract is licensed or regulated by the State of Washington, then the Consultant shall provide to the County proof of professional liability (errors and omissions) insurance relevant to the professional's vocation in the amount of not less than $1 million per occurrence. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self- insurance through an irrevocable Letter of Credit from aqualified financial institution. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. Any deductibles or self - insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self - insured retention or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Consultant shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Consultant to take out and /or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment MTM Page 3 of 8 due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any insurance coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non- contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Consultant refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. 9. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance, program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 0 Page 4 of 8 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 13. Non - Waiver. Waiver by the County of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. Termination. a. The County reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the County, if the County so chooses. 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Frank Gifford, Director Jefferson County Central Services PO Box 1220 Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Vern Almon, Prinicpal KMD Architects and Planners, Inc. 308 SW First Avenue, Suite 401 Portland, OR 97204 16. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both County and Consultant. 01-� Page 5 of 8 DATED this Consultant (Please print) (Signature to Date SEAL ATTEST Carolyn Avery Deputy Clerk of the Board SIGNATURE PAGE day of , 2014. COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member pproved as to f An only: 4/8 /1� MJ filmvuz David Alvarez Date Deputy Prosecuting Atto ey Page 6 of 8 Architectural Fee Calculation: Firm Staff Rate /Hr. Total Fee KMD Architects and Planners, Inc. $ 18,000 Principal Planner $160 /Hr. Architect /Designer $120/1-111. JMB Consulting Group LLC $ 8,000 Principal Estimator $150 /Hr. Total Fee $ 26,000 Estimated Reimbursable Expenses $ 11000.00 KMD Fee Calculation (Estimated Hourly Breakdown): Task One- Project Initiation -Staff Interview Preparation Staff Time Rate /Hr. Amount Total Fee Principal Planner 2 $160 $ 320 Architect/Designer 4 $120 $ 480 $ 800 Task Two Three - Courthouse Tour and Staff interviews Principal Planner 10 $160 $ 1,600 1,600 Task Four- Courthouse Building Security and Operational Analysis Principal Planner 8 $160 $ 1,280 $ 1,280 Task Five- Courthouse Security Improvement Recommendations and Concept . Development Phase Principal Planner 12 $160 $ 1,920. 3,84.0 Production. Staff 16 $120 $ 1,920 Task Six - Courthouse Recommendation Presentation $ 1,280 Principal Planner 8 $160 $ 1,280 Task Seven - Courthouse Report Development Principal Planner 40 $200 $ 8,000 $ 9,200 Production Staff 10 $120 $ 1,200 18,000 Total KMD Fee [stimnated Reimbursable Expenses. Travel $ 600.: Presentation Drawings /Final Report $ 250 Miscellaneous $ 1S0 $ 1,000 EXHIBIT B JEFFERSON COUNTY COURTHOUSE Project Task Schedule PROJECT PHASE CONTRACT DEVELOPMFNTIAUTHORIZATI�-- TASK 1 - PROJECT INITIATION /INFORMATI 1.1 Obtain and Review County Documental a. 1996 Jefferson County Courthouse S- b. Jefferson County Historical Courtho c. Sheriff Court Security Operational I d. Contact List e. Other Pertinent Available Informatioi- TASK 2 - HISTORICAL COURTHOUSE TOUR 2.1 Observe Courthouse Building and Site S a. Current Security Operation b. Circulation Paths (In- Custody, Staff c. Potential Opportunities for Secudty L-- TASK 3 - WORK SESSION ONE (1 Day Meeting--= 3.1 Confirm Project Scope and Process a. Project Goals and Expectations b. Deliverables c. Project Schedule 3.2 Stakeholder Interviews a. Court b. Sheriff c. County d. Other Agencies or Stakeholders TASK 4 - SECURITY AND OPERATIONAL AN 4.1 Analyze Information and Data Obtained a. Courthouse Building and Site Securi b. Security Operations c. Opportunity for Security Improveme--;;-- TASK 5 - SECURITY RECOMMENDATION /C( 5.1 Develop Recommended Security Impro 5.2 Establish PreliminaEy Cost Estimates TASK 6 - WORK SESSION TWO (1 Day Meeting--- 6.1 Presentation of Security Improvement R 6 2 Review and Discussion of Security Reco TASK 7 - FINAL COURTHOUSE SECURITY 7.1 Develop and Submit Preliminary Final 7.2 Incorporate Court, Sheriff and County 7.3 Submit Final Report (Date to be Establi. 8of8