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HomeMy WebLinkAbout100719_ca06 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners i,_, Philip Morley,County Administrator 3' /d FROM: Mark McCauley,Central Sep Oce Director DATE: October 7,2019 RE: Request for Board of County Commissioners approval of a Professional Services Agreement with Casey and DeChant Architects(CDA)LLC to study the feasibility of expanding existing Jeffcom space at the Jefferson County Corrections Center STATEMENT OF ISSUE: Jeffcom space at the Jefferson County Corrections Center is inadequate for their needs. This study will assess the feasibility and estimate costs associated with expanding the existing facility at grade to the west. ANALYSIS: Deliverables under the agreement are: • Feasibility determination • Basic design • Rough construction cost estimate • Projected impact to staff, building and services FISCAL IMPACT: The not to exceed amount of the professional services agreement is$7,800. RECOMMENDATION: That the Board of Commissioners approve the professional services agreement with Casey and DeChant Architects LLC. REVIEWED BY: /CEJ /1;//-7*,' Philip Morley "ounty Administrator Date PROFESSIONAL SERVICES AGREEMENT FOR Feasibility study of EOC/JeffCom building expansion THIS PROFESSIONAL SERVICES AGREEMENT ("this Agreement") is entered into between the County of Jefferson, a municipal corporation("the County"), and Casey+DeChant "CDA" Architects LLC ("the Consultant"), in consideration of the mutual benefits, terms, and conditions specified below. 1. Project Designation. The Consultant is retained by the County to: Project cost and feasibility study of EOC/JeffCom Building expansion 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 Agreement shall commence upon the giving of written notice by the County to the Consultant to proceed. The Consultant receipt of a Purchase Order 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"A". Time is of the essence in the performance of this Agreement. 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 $7,800 without express written modification of this 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. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 1 of 10 ti 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 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 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. The Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. 8. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. 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 his Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (3)Non-owned automobiles. Commercial General Liability Insurance in an amount not less than a single limit of $500,000 per occurrence and an aggregate of not less than two (2) times the occurrence amount($1,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 2 of 10 The commercial general liability 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 coverage for products and 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 named insured" under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer, and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the County. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty(30) days prior written notice to the County. 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. Certificates of coverage as required by this section shall be delivered to the County within fifteen(15) days of execution of this Agreement. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. The Contractor's 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, with the exception of Professional Liability Insurance, so affected shall protect all the parties and shall be primary coverage for all losses covered by the above described insurance. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 3 of 10 Insurance companies issuing the Contractor's insurance 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 insurance policy. All deductibles in the Contractor's insurance policies shall be assumed by and be at the sole risk of the Contractor. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement 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. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. 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 insurance policy the Contractor shall provide to comply with this Agreement. The County may, upon the Contractor's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. The Contractor shall provide a copy of all insurance policies specified in this Agreement. Written notice of cancellation or change in the Contractor's insurance required by this Agreement shall reference the project name and agreement number and shall be mailed to the County at the following address: Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368. The Contractor's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance coverage for subcontractors shall be subject to all the requirements stated in this Agreement. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 4 of 10 The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty(30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 9. Worker's Compensation(Industrial Insurance). 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,the Contractor shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Risk Management, upon request. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage shall extend to any subcontractor that does not have their own worker's compensation and employer's liability insurance. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Contractor. 10. 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. The Contractor specifically has the right to direct and control Contractor's own activities, Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 5 of 10 and the activities of its subcontractors, employees, agents, and representatives, in providing the agreed services in accordance with the specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 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, including, but not limited to: retirement, vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County employees. 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. 11. Subcontracting Requirements. The Contractor is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to a breach of this Agreement. The Contractor assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. Every subcontractor must agree in writing to follow every term of this Agreement. The Contractor must provide every subcontractor's written agreement to follow every term of this Agreement before the subcontractor can perform any services under this Agreement. The County Engineer or their designee must approve any proposed subcontractors in writing. Any dispute arising between the Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Contractor's performance required by this Agreement. 12. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide 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 Agreement. For breach or violation of this warranty, the County shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 13. 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. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 6 of 10 14. No Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 15. 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. 16. 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. 17. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail,prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County Central Services PO Box 1220 1820 Jefferson Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Casey +DeChant Architects 1 North Tacoma Avenue #201 Tacoma, WA 98403 18. 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. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, by the County within the scope of this Agreement. The Consultant ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in its proposal, and Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 7 of 10 the supporting material submitted by the Consultant, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 19. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Consultant. 20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the Director of Public Works or County Engineer, whose decision in the matter shall be final, but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The Consultant hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 22. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 24. No Oral Waiver. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs, and assigns. 27. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 8 of 10 28. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean,that any provision in this Agreement is for the benefit of any person or entity who is not a party. 29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary,to the extent any record,including any electronic, audio,paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended,the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Contractor further agrees that upon receipt of any written public record request, Contractor shall,within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement. Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 9 of 10 DATED this day of , 20 JEFFERSON COUNTY BOARD OF COMMISSIONERS Casey+DeChant Architects Name of Consultant Kate Dean, District 1 L.-arra/ 'Pe Ct ars t— Consultant Representative (Please print) David Sullivan,District 2 (Signage) Greg Brotherton, District 3 Metaaren— Title 1-25--17 Date Approved as to form only: PRE-APPROVED CONTRACT FORM Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Professional Services Agreement, Contract A, Version 1, Risk Legal Review Date 04/30/2018 Page 10 of 10 Exhibit "A" Scope of Work Feasibility Study for the EOC/JeffCom Expansion Evaluate feasibility of building a single story extension off of the south western face of our existing EOC/JeffCom Dispatch Center located at 81 Elkins Rd., Port Hadlock, Washington. This expansion is looking at adding between 1500-2500 square feet at existing elevations to the current structure. Specific Goals of Study: • Size of potential addition. Both building dimensions and internal square footage • Feasibility of work to be accomplished without interruption of current building services • Potential impacts to building, staff, and services • Theoretical construction timeline • Complete Construction cost estimate (rough) • Calculate maximum size of building to fit available building site Details of Study: • High security building all access and egress through main lobby or exit at rear of building • Interior and exterior elevations to match existing building • Roof design to match and follow current roofing design layout • New access through main lobby • Exterior of building to allow as much natural light into building as possible • Structural wall and ceiling to be built from CMU block or concrete Schedule: Study shall be completed in full on or before October 31, 2019. Contacts: Facilities Maintenance/Capital Projects Supervisor Matthew Court 360-531-1591 mcourt(a,co.i efferson.wa.us Site Plan L U f / .- - .__._ -_ — 3 � /; -Dz / 1 x / d / // 1 - 0 < / \ til / i , \ 3 1, ci / / 2 I o i / i JE PIA / rn $1 iii c, IliI V" iril t , Ilt._ - \+ y[. t ii x �a t �' mei. ,1 agt N 0,0 { 4-NN________K , 7 � y 4I1 ` $ n ° PO 1 g i 1111 . o ¶ a ii 8 \ = , m 2 i �Z5 z � a \\\\ 0 AN 1 1 r'. A- El Jy' 2, g, q I ,, ► + 1 M ; ri-i I _______ \ -1- — — —— -- 1, III MR MUM u. i � r....' m 11 i ii ! F. JEFFERSON COUNTYik71I m m z N SHERIFF / DISPATCH / E.O.C. qR — A F E 1 3 OWNER PROJECT NO.: CC1543 IA i 1 ` N 8 a 81 ELKINS ROAD, PORT HADLOCK, WA 98339 .1.11.1 Exhibit B CONTRACT FOR ARCHITECTURAL SERVICES Client: Jefferson County, Washington Date: September 24, 2019 Contact: Matthew Court, Facilities Maintenance/Capital Projects Supervisor Address: P.O. Box 1220 Project: Feasibility Study for Addition to 911 Center Port Townsend,Wa 98368 Project# : 19-OOy Phone: 360-531-1591 Fax: Email: mcourt@co.jefferson.wa.us Jefferson County,Washington (Client) hereby contracts with Casey+ DeChant Architects LLC ("ARCHITECT") to perform the following services: Scope of Services: Feasibility Study for 911 Center Addition as noted in Appendix"A" Project Address: 81 Elkins Road Port Hadlock,Wa Parcel Number : 901111009 Property Owner and Address: If the Client is different than Property Owner, notification of professional service commencement may be sent to Property Owner: Jefferson County, Washington Compensation for Services: A. Feasibility Study _ ? Casey+DeChant Architects $5,250.00 Estimated Time Acker Consulting(Estimating) $1,500.00 1.1 $1,650.00 Estimated Time Total $6,900.00 Estimated lime B. Expenses (Travel, prints, copies, etc) $750.00 Estimated E Total $7,650.00 Estimated i E Our services will be invoiced on a time and material basis. The form entitled GENERAL CONDITIONS that is attached to this CONTRACT FOR ARCHITECTURAL SERVICES is incorporated herein and made a part hereof. Acknowledgement: By signing below, CLIENT acknowledges receipt of the following documents that are incorporated into and made a part of this CONTRACT FOR ARCHITECTURAL SERVICES: • Appendix"A" entitled SCOPE OF BASIC SERVICES, page 2. • GENERAL CONDITIONS pages 3 through 5. Accepted by CLIENT: Accepted by: Casey+ DeChant hit- -ts LLC By: By: Name &Title: Name&Title: Larry2eChant, Manager Date: September 24,2019 Jefferson County,Wa Exhibit B Feasibility Study for 911 Center Addition 19.0xx September 24, 2019 PROJECT: Feasibility Study for 911 Center Addition Appendix A SCOPE OF BASIC SERVICES: A. Feasibility Study: We have reviewed the information provided by the Client. It is our understanding the proposed addition is approximately 40'x 50' single story attached to the existing building. From the pictures and drawings the existing building appears to be a concrete structure half-buried into a hill. The feasibility study is only examining: 1. The Addition's shell and tying it into the existing building. 2. Develop a"Budget"construction cost estimate 3. Review Building and Zoning codes 4. Have Feasibility Study completed by October 15 The Feasibility Study excludes: 1. Interior layout, furniture, equipment, mechanical, lighting, or finishes. 2. No restrooms or plumbing design are planned; the existing ones are sufficient. 3. Surveying for boundary lines and topography 4. Services by other consultants—civil, structural, traffic, mechanical, plumbing, electrical or others. Our services will include: 1. A visit to the site to obtain firsthand knowledge of the existing conditions and site parameters, and to see how the existing call/dispatch center functions and learn how they want to expand it. 2. Bill Acker of Acker Consulting preparing a "Budget"cost estimate. 3. Preparing a Code and Zoning review 4. Prepare a preliminary floor plan and building section 5. Have a meeting with County staff to review preliminary ideas and adjust as needed 6. Other consultants and services are excluded Jefferson County to provide the following: 1. PDF copy of the drawing set of the building or a hard copy which we will return. 2. Electronic or hard copy of the 911 Center's current layout 3. Electronic or hard copy of the geotechnical report for the existing building 4. Electronic or hard copy of the structural drawings, design, and calculations 5. Have a meeting to learn how the 911 center currently functions and how they want it to function with the addition 6. Provide a list of detrimental site or building conditions, such as ground water leaking into the building, cracking in foundation walls, leaking roof, etc. B. Additional Services Other services by Casey+DeChant Architects and other consultants are available upon request by the Client. 2 Accepted by Client: Accepted by Architect: 4.5"'dd'IL • Jefferson County, Wa Exhibit B Feasibility Study for 911 Center Addition 19.Oxx September 24, 2019 GENERAL CONDITIONS These General Conditions are incorporated into and are part of the CONTRACT FOR ARCHITECTURAL SERVICES between Casey+Dechant Architects LLC("ARCHITECT")and Jefferson County,Wa("CLIENT")dated September 24,2019 respecting the project identified therein("Project").These General Conditions,the CONTRACT FOR ARCHITECTURAL SERVICES and any appendices incorporated into the CONTRACT FOR ARCHITECTURAL SERVICES are referred to collectively herein as this "AGREEMENT". CLIENT and ARCHITECT are sometimes referred to herein as"party"and jointly as"parties". 1. AUTHORIZATION TO PROCEED: Unless stated otherwise in this AGREEMENT,ARCHITECT is authorized to proceed with performance of the Services upon receipt of an executed copy of this AGREEMENT. 2. HOURLY RATE SCHEDULE: Services performed on an hourly basis by ARCHITECT will be charged at the following rates: TITLE RATE PER HOUR PRINCIPAL $195.00 - $205.00 PROJECT ARCHITECT $175.00 STAFF ARCHITECT $87.00 CAD. DRAFTING $70.00 SUPPORT STAFF $70.00 These rates are subject to increase at the beginning of each calendar year without notice. 3. OUTSIDE SERVICES: ARCHITECT will charge for any technical or professional services that are furnished by an outside source at cost plus 10%. 4. REIMBURSABLE EXPENSE: ARCHITECT'S miscellaneous office cost such as travel,lodging,postage, long distance phone/Cell telephone calls,outside reproduction&copy services etc.will be billed at direct cost x 1.1. In house blackline prints will be billed at$3.00/each, Fax's at$1.00 per page. In house photocopy will be billed at$0.15/page. Charges for Reimbursable Expense and Outside Services will be listed on each invoice. 5. ADDITIONAL SERVICES: All services beyond those listed in the SCOPE OF BASIC SERVICES shall be considered as ADDITIONAL SERVICES and charged on an hourly basis as per the HOURLY RATE SCHEDULE.ADDITIONAL SERVICES will not be undertaken without authorization from the CLIENT.Unless listed in SCOPE OF BASIC SERVICES typical ADDITIONAL SERVICES may include: A. Revisions or modifications requested by the CLIENT of the approved documents,except those necessitated by drawing deficiencies. B. Revisions due to changes in the CLIENT'S program,budget, schedule or procurement method. C. Revisions due to enactment or revision of codes, laws or regulations subsequent to the date of this AGREEMENT. D. Revisions required by governing jurisdictions that are inconsistent with prior jurisdictions approvals or instructions. E. Preparation of CLIENT'S program. F. Multiple preliminary designs. G. Existing facilities survey. H. Security evaluations and planning services. I. LEED Certification Services. J. Historic preservation services. K. As-built or record drawings. L. Construction cost estimates, material quantity analysis,and construction value analysis.. M. Environmental related&traffic analysis. N. Interior design(color&interior finish selection,selection of furnishings.). O. Bidding or negotiation services. P. Renderings or scale models. Q. Review or approval of construction loan draw requests. R. Review of shop drawings. S. Any applications required other than for a building permit unless otherwise stated. T. Participation in or attending public hearings, meetings or dispute resolution unless the ARCHITECT is a party thereto. U. Preparation of Specifications. V. Preparation of maintenance manuals. W. Construction Phase Services. X. Preparation of tenant and rental space improvement documents. Y. Post occupancy evaluation Z. Providing any other services not otherwise included in this AGREEMENT or not customarily furnished in accordance with generally accepted architectural practice. AA. Commissioning 3 Accepted by Client: Accepted by Architect: Jefferson County,Wa Exhibit B Feasibility Study for 911 Center Addition 19.0xx September 24, 2019, 6. CONSTRUCTION COST PROJECTIONS Any cost estimates provided by ARCHITECT will be on a basis of experience and judgment,but the CLIENT recognizes that ARCHITECT has no control over the cost of or availability of labor,equipment or materials,over market conditions or over prospective contractors'methods of pricing.Any opinions of probable construction cost provided by ARCHITECT are offered only for purposes of general guidance.ARCHITECT makes no warranty or representation that bids or proposals from contractors will not vary from any opinions of probable construction costs provided by ARCHITECT. 7. INSTRUMENTS OF SERVICE Plans, specifications and other materials prepared by ARCHITECT are instruments of service intended for use only on the Project that is the subject of this AGREEMENT.Permission to use materials prepared by ARCHITECT is not granted by ARCHITECT until all Compensation has been paid.The CLIENT agrees that any material furnished by ARCHITECT prior to full payment having been made will be returned upon demand and may not be used for permits or construction.Any use of the instruments of service on a different project or on this Project following a termination of ARCHITECT'S services when ARCHITECT is not in default shall be at CLIENT'S sole risk and without liability on the part of ARCHITECT or its directors, principals,employees or consultants.ARCHITECT is willing to provide electronic versions of any of the instruments of service upon arrangements to which the parties may mutually agree at a later date.ARCHITECT will provide"PDF"type or similar read- only electronic documents to the CLIENT if requested after all required Compensation to ARCHITECT has been paid by the CLIENT. 8. MAINTENANCE OF PROFESSIONAL STANDARDS AND ETHICS: If a situation arises that causes ARCHITECT to believe compliance with the CLIENTS instructions could result in ARCHITECT violating ethics,laws or regulations,ARCHITECT shall so advise the CLIENT,and the CLIENT and ARCHITECT shall immediately enter into discussions to arrive at a mutually satisfactory solution.Failing achievement of a solution,either party may terminate this AGREEMENT in accordance with termination provisions stated herein. 9. JURISDICTIONAL RELATIONS: ARCHITECT shall only act as an adviser in jurisdictional relations. 10. CLIENT RESPONSIBILITIES: The following services and responsibilities shall be undertaken by the CLIENT: A. The CLIENT shall provide complete information including a development program,and any information relating to the site such as previous applications,approvals and reports which shall set forth the CLIENT'S design objectives, constraints and criteria. B. The CLIENT shall furnish a legal description and current title report, a certified(Boundary)land survey, tree survey, (if required)topography survey, soils report,toxic and hazardous material analysis reports(if required). C. If the CLIENT observes or otherwise becomes aware of any fault of defect in the Project or non-conformance with the contract documents,prompt written notice thereof shall be given by the CLIENT to ARCHITECT. D. The CLIENT shall furnish required information and shall render approvals,payments,and decisions as expeditiously as necessary for the orderly process of ARCHITECT services and of the work. If the project is delayed due to actions of the CLIENT,then this delay may be justification for renegotiation of fees for the SCOPE OF SERVICES. E. The CLIENT shall furnish the services of other consultants listed in the"SCOPE OF SERVICES"and/or as required as the project evolves. ARCHITECT is entitled to rely upon the completeness and accuracy of information,services and documents furnished by the CLIENT. 11. PERMIT AND TESTING: All plan review and/or impact fees shall be borne directly by the CLIENT.Any fees advanced by ARCHITECT for benefit of the Project will be regarded as a Reimbursable Expense and will be reimbursed at cost plus 10%. 12. FAILURE TO ABIDE BY DOCUMENTS OR TO OBTAIN GUIDANCE: The CLIENT waives any claim against ARCHITECT and agrees to indemnify ARCHITECT against any claim for injury or loss that results from failure to follow ARCHITECT'S plans,specifications or other instruments of service, or from failure to obtain and or follow ARCHITECT'S guidance with respect to any alleged errors,omissions, inconsistencies,ambiguities or conflicts contained within or arising as a result of implementing ARCHITECTS plans,specifications or other instruments of service.ARCHITECT shall not be responsible for the acts or omissions of the contractor or any subcontractors or suppliers. 13. ASSIGNMENT Neither party may,either during performance or after performance or earlier termination of this AGREEMENT, assign this AGREEMENT or any rights or obligations arising under it or related to it without the written consent of the non-assigning party, which consent may be withheld for any reason or in the non-assigning party's discretion.There are no third-party beneficiaries of this AGREEMENT. 14. PAYMENT TO ARCHITECT: Monthly invoices will be issued by ARCHITECT for all services performed and expenses incurred during the preceding period. Payment is due within ten(10)calendar days of receipt of each invoice and is past due thirty(30)calendar days after the date of the invoice.Interest at the rate of twelve percent(12%)per annum is charged on all past due amounts. If the CLIENT fails to pay undisputed invoiced amounts within thirty(30)calendar days of the date of the invoice,ARCHITECT may at its sole option and at any time,without waiving any other claim against the CLIENT and without incurring any liability to the CLIENT, suspend performance of service (as provided for in Provision 15.Suspension)or terminate this AGREEMENT(as provided for in Provision 16,Termination). 4 Accepted by Client: Accepted by Architect:ec Jefferson County, Wa Exhibit B Feasibility Study for 911 Center Addition 19.0xx September 24, 2019 15. SUSPENSION: If payment of ARCHITECT'S invoices is not maintained on a thirty(30)calendar day current basis by the CLIENT,ARCHITECT may at its option suspend performance of services until payment is restored to a current basis. If the ARCHITECTS SERVICES are suspended for more than forty-five(45)calendar days for any reason,ARCHITECT may,at its option, terminate this AGREEMENT without liability or negotiate an equitable adjustment with CLIENT.Any suspension shall extend the time schedule for performance in a manner that is satisfactory to both the CLIENT and ARCHITECT.ARCHITECT shall be compensated for services performed and charges incurred prior to the suspension date,plus suspension charges.Suspension charges may include,but shall not be limited to,services and costs associated with putting analysis and documents in order, rescheduling and reassigning personnel and/or equipment and issuing necessary or customary notices to appropriate government agencies. Compensation for such suspension services shall be based upon ARCHITECTS HOURLY RATE SCHEDULE and expense reimbursement policy. 16. TERMINATION: This AGREEMENT may be terminated by either party upon seven(7)calendar day's written notice should the other party fail to perform in accordance with its terms through no fault of the party initiating the termination. In the event of a termination for a reason other than ARCHITECT'S default, CLIENT shall compensate ARCHITECT for all services performed and reimbursable expenses incurred up to the point of termination as well as those associated with termination and post termination activities within twenty(20) days of the effective date of the termination. 17. APPLICABLE LAW: This AGREEMENT shall be interpreted under and governed by the internal laws of the State of Washington. 18. TIME LIMIT Any claim or cause of action between the parties arising under or related to the project or to this AGREEMENT, or the breach of this AGREEMENT, shall be forever barred if mediation or arbitration concerning the claim or cause of action is not commenced within three years of ARCHITECT'S last performance of services under this AGREEMENT. 19. DISPUTE RESOLUTION Any dispute between the parties that arises under or related to this AGREEMENT, or the breach or alleged breach of this AGREEMENT,or related to the project that cannot be resolved by direct discussions between the parties shall be submitted to non-binding mediation. Unless the parties subsequently agree otherwise,the mediation shall be conducted in Tacoma, Washington by the American Arbitration Association acting under its Construction Industry Rules.Neither party may commence arbitration or litigation on any claim that has not first been considered in mediation. If mediation is not successful in resolving the dispute then the dispute shall be resolved solely by binding arbitration,which shall be conducted in Tacoma,Washington by the American Arbitration Association acting under its Construction Industry Rules. Except with the written consent of both parties,no other persons or entities may be joined as parties to an arbitration proceeding conducted pursuant to this AGREEMENT;and no arbitration proceeding conducted pursuant to this AGREEMENT shall be consolidated with any other dispute resolution proceeding.This shall not preclude ARCHITECT from recording a lien and /or commencing an action to foreclose a lien in advance of mediation or arbitration to comply with statutory time limitations. 20. WAIVER OF SUBROGATION The CLIENT waives all claims for damages against ARCHITECT to the extent such damages are covered by insurance carried by or for the benefit of CLIENT.ARCHITECT waives all claims for damages against CLIENT to the extent such damages are covered by insurance carried by or for the benefit of ARCHITECT.The foregoing waivers shall not apply to the extent, if any, that they impair coverage under the subject insurance policy or policies. 21. CONSEQUENTIAL DAMAGES/CLAIMS AGAINST INDIVIDUALS The parties waive all claims for consequential damages against each other. Each party waives all claims and causes of action against the other party's members,shareholders, officers,directors and employees; provided, however,that this waiver shall not apply to any individual's intentionally wrongful act. 22. LIMITATION OF LIABILITY The CLIENT agrees to limit the aggregate amount of any damages and/or costs(including attorney fees and expert witness fees)that the CLIENT may recover against ARCHITECT(together with its owners, officers, directors, employees and consultants)on any and all claims and caused action related to or arising under this AGREEMENT or related to the project to the amount of compensation paid by the CLIENT to ARCHITECT for the services performed by ARCHITECT pursuant to this AGREEMENT. The types of claims to which this limitation applies includes,but are not limited to, claims based on negligence, professional negligence, professional malpractice, professional errors or omissions, indemnity or contribution,breach of contract,breach of expressed or implied warranty and strict liability. 23. ENTIRE AGREEMENT This AGREEMENT states all terms of the agreement between the parties respecting its subject matter and supersedes all prior and contemporaneous representations, negotiations, commitments and agreements respecting it subject matter.This AGREEMENT shall not be modified or amended except by way of an instrument signed by both parties. 5 Accepted by Client: Accepted by Architect: =Mb. I