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HomeMy WebLinkAbout050718_ca17O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners From: Tom Walker, Facilities Foreman Agenda Date: May 7, 2018 Subject: Professional Services Agreement - LNS Engineering, Inc. Statement of Issue: The agreement with LNS Engineering, Inc. encompasses design services, permit drawings and bidding specifications for replacing the Courthouse boiler with two steam boilers. Analysis/Strategic Goals/Pro's Et Con's: The professional services selection was made utilizing the MRSC consultant roster. The current boiler has had reliability issues over the past 2 years. Replacing a single boiler with two steam boilers will provide greater efficiency and reliability for heating the Courthouse. Fiscal Impact/Cost Benefit Analysis: The boiler replacement is included in the approved 2018 Construction Et Renovation budget. Recommendation: I recommend the agreement with LNS Engineering, Inc. be approved by the Board of County Commissioners. Reviewed By: P ilip Morley, Co my Administ or Date PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES FOR THE COURTHOUSE BOILER REPLACEMENT THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and LNS Engineering, INC., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Designation. tion. The Consultant is retained by the County to perform design services for the boiler replacement at 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 shall perform all services and provide all work products required pursuant to this agreement on the dates listed on Exhibit "A" 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 "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $16,000.00 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 partial payment for project completed to date. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. Payment of Consultant invoices shall be within 30 days of receipt by the County for any services not in dispute based on the terms of this Agreement. C. 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. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of Professional Services Agreement Page 1 of 8 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. Consultant shall not be held liable for reuse of documents or modifications thereof, including electronic data, by County or its representatives for any purpose other than the intent of this Agreement. 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 and hold harmless the County, its officers, and employees, from and against any and all claims, losses or liability, or any portion thereof, including reasonable attorney's 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. Consultant shall be liable only to the extent of Consultant's proportional negligence. 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. Professional Liability (errors & omissions) Insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and $2,000,000 in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Professional Services Agreement Page 2 of 8 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; C. Broad Form Contractual/Commercial Liability — including completed operations; d. Premises — Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self-insurance through an irrevocable Letter of Credit from a qualified 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), it being the intention of the parties that the insurance policies, with the exception of Professional Liability, 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 Professional Services Agreement Page 3 of 8 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 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 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, Professional Services Agreement Page 4 of 8 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. 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: Jefferson County Central Services PO Box 1220 Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: LNS Engineering, Inc PO Box 2598 Gig Harbor, WW 98335 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. Professional Services Agreement Page 5 of 8 SIGNATURE PAGE DATED this day of SIGNATURE PAGE LNS En ing eerinjz, Inc. Name of Consultant Consultant's Representative (Please print) (Signature) Title Date Professional Services Agreement Page 6 of 8 20 JEFFERSON COUNTY BOARD OF COMMISSIONERS David W. Sullivan, Chair Kate Dean, Member Kathleen Kler, Member Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Exhibit "A" Scope of Services Provide design services to replace the single low-pressure steam boiler with two steam boilers with modulating oil -fired burners. -Provide design for installation of a new boiler feed system. -Provide revised boiler room combustion air intakes. Mechanical engineering design scope of work is as follows: 1. Provide site visit for field investigation to determine the arrangement of existing equipment, piping and ductwork — completed. 2. Provide site visit during design for confirmation of existing conditions and design layout conformance with the existing boiler room. 3. Provide demolition plan for removal of the existing steam boiler and associated accessories which will not be re -used. 4. Provide new boiler room layout with two (2) gas fired low pressure steam boilers, each with approximately 60% capacity (1,000 MBH) of the existing boiler (1,600MBH) with dual boiler control. New venting from the boilers will tie into the existing boiler vent stack. 5. Provide boiler feed system layout consisting of a boiler feed tank, two variable speed boiler feed pumps and packaged controls for feeding one or both boilers. 6. Drawings will be provided for permit submittal, contractor bidding and construction showing the mechanical work prepared in Autocad and distributed in PDF format. 7. Division 23 specifications will be provided for boilers, boiler feed water equipment, combustion venting and draft controls, steam and condensate piping, makeup water piping, valves and accessories. 8. Electrical work for disconnection of electrical power from existing equipment and connection of power to the new equipment will be provided for bidder design with a Division 26 specification. 9. The front-end specifications for bidding requirements, insurance, bonding, progress payments and general conditions for the construction contract shall be prepared by Jefferson County to be included in the bid package. Bid document distribution shall be determined by Jefferson County. 10. Permit drawings and specifications will be completed for delivery to Jefferson County for permit submittal and contractor bidding within 21 days of the executed contract. Professional Services Agreement Page 7 of 8 Exhibit B" Payment The Scope of Services will be provided on a hourly basis not to exceed $ 16,000.00 to be billed at the following rates: Engineeering CAD Drafting $150/hr $ 75/hr Professional Services Agreement Page 8 of 8