Service Solicited - 2024 - Lochsa Engineering, LLC - Structural Engineer - Chimney at Orville Jackson HouseCITY OF EAGLE
PROFESSIONAL SERVICES AGREEMENT
(STRUCTURAL ENGINEER)
This Professional Services Agreement ("Agreement") is entered into this day of
024, by and between the City of Eagle, an Idaho municipal corporation ("City") and
LOCHSA ENGINEERING, LLC ("Contractor"). The City and Contractor are sometimes
collectively referred to herein as the "Parties."
RECITALS
WHEREAS, the City desires to contract for structural engineering services for the
stabilization of the main chimney of the Orville Jackson House. The design is intended to
provide a steel sleeve that will support the chimney from the inside, thus hiding the bracing as to
not be seen;
WHEREAS, Contractor possesses the requisite qualifications, skills and the experience
necessary to provide prepare the survey and reports contemplated in this Agreement;
WHEREAS, Contractor shall provide a set of construction documents needed to fabricate
a steel brace for the Orville Jackson House chimney.
WHEREAS, the Idaho Legislature during its 2023 legislative session passed an act,
codified at Idaho Code § 67-2359, requiring public entities of the State of Idaho to include in
certain contracts for services (including any renewals of such contracts) a written certification that
the Vendor/Contractor is not currently owned or operated by the government of China and will not
for the duration of the contract be owned or operated by the government of China; and
NOW THEREFORE, and in consideration of the mutual promises contained herein, the
Parties agree to the following:
1. Incorporation of Recitals: The above Recitals are a material part of this
Agreement and are incorporated into the Services of this Agreement by reference as though they
were fully set forth herein.
2. Services: The Contractor and/or its subcontractors shall provide the deliverables as
identified in Exhibit A attached hereto and incorporated herein.
3. Termination: This agreement shall terminate upon completion of and subsequent
payment for the Scope of Work, or upon fulfillment of the termination clauses contained herein.
Either party shall have the right to terminate this Agreement at any time by giving 30 days written
notice of such termination. The City may terminate this Agreement immediately upon any breach
of performance specified in this Agreement by the Contractor or any violation of State, Federal or
local law. Notwithstanding any provision of this Agreement, Contractor shall not be relieved of
liability to City for damages sustained by City by virtue of any breach of this Agreement by
Contractor, and City may withhold any payments to Contractor for the purposes of set-off until
such time as the exact amount of damages due City from Contractor is determined. This provision
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shall survive the termination of this Agreement and shall not relieve Contractor of liability to City
for damages.
4. Ownership and Intellectual Property: All materials produced for the City by
Contractor under this Agreement shall become the property of the City except Contractor shall
retain sole ownership of any know-how, software, source code, tools and methodologies developed
by Contractor (hereinafter "work Product"). Contractor hereby grants to City a royalty -free, non-
exclusive, worldwide, perpetual, fully transferable license to use, reproduce or create derivative
works of the Work Product.
5. Compensation: The Contractor shall be paid for its services in an amount not to
exceed $6,900 as identified in Exhibit A for each phase of work performed.
6. Additional Expenses: Usual and customary office expenses, as well as mileage
compensation, shall not be considered for reimbursement to the Contractor. However, should
other services be needed by the contractor prior written approval must be obtained by the City, for
said expenses to be available for reimbursement.
7. Equipment, Materials, Supplies: Contractor shall supply, at Contractor's sole
expense, all equipment, tools, materials, and/or supplies to accomplish the services to be provided
under this Agreement.
8. Payment: The Contractor shall submit an invoice for payment to Eagle City Hall,
P.O Box 1520, Eagle, Idaho 83616. Payment of Contractor's invoice cannot be made until a copy
of Contractor's W-9 is provided to the City. Payment shall be made within thirty (30) days of
receipt invoice.
9. Taxes: The Contractor assumes full and sole responsibility for payment of state
and federal income tax, withholdings, social security, and other payroll taxes on any income
attributable to the Contractor arising from compensation provided under this Agreement. As such
the contractor shall be required to submit a completed W-9 prior to payment of its invoice.
10. Independent Contractor: At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of the City. City shall
have the right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement. City shall not have the right to control the means and methods by
which Contractor accomplishes services rendered hereunder. Contractor shall indemnify the City
against any liability arising out of an allegation or finding that Contractor is not an independent
contractor. Contractor is not entitled to employee benefit programs or any protection afforded
employees of the City of Eagle. Contractor is not prohibited from providing the same services for
other businesses at any time except times which would present a conflict in providing City services
under this Agreement. As a self-employed person, the Contractor will be solely responsible for
payment of all federal and state taxes, will not be an employee of the City for worker's
compensation or any other purposes, and will not have unemployment insurance benefits.
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11. Contractor not Agent: Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement, to bind
City to any obligation whatsoever.
12. Nondiscrimination: Contractor agrees not to discriminate against any person
because of race, color, religion, sex, national origin, age, disability or marital status in any activity
for which Contractor is providing services under this Agreement.
13. Indemnification: Contractor agrees to indemnify and save and hold harmless City
from and for any and all losses, claims, actions, judgment for damages, or injury to persons or
property and losses and expenses and other costs including litigation costs and attorney's fees,
arising out of, resulting from, or in connection with the performance of this Agreement.
14. Notice: Communication between the Parties regarding day-to-day matters shall
occur via e-mail or telephone. For Clarification on or direction regarding day-to-day matters. All
other notices required to be given by either of the Parties shall be in writing and be deemed
communicated when personally served, or mailed in the United States mail, addressed as follows:
CITY OF EAGLE
CONTRACTOR
Attn: Museum Curator, Alana Dunn
LOCHSA ENGINEERING, LLC
660 E Civic Ln / PO Box 1520
201 N. Maple Grove Rd.
Eagle, ID 83616
Suite 100
208-939-6813
Boise, ID83704
Email (general): adunn a,cityofeagle.org
Email: chris.holladaynu,lochsa.com
Email (financial): finance@cityofeagle.org
Phone: 208-342-7168
15. Compliance with Laws: Each party shall comply with all applicable Federal, State
and local laws and regulations.
16. Assignment: This Agreement may not be assigned or delegated by either party
without prior written consent of the other party.
17. Attornev's Fees: The prevailing party in any claims or disputes arising out of this
Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which
a court of competent jurisdiction may award.
18. Entire Agreement: This Agreement constitutes the entire agreement between
the Parties relative to the subject matter hereof. Statements or representations of any kind not
embodied herein shall be of no force or effect. This Agreement may only be modified in writing.
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19. Governing Law: This Agreement will be construed in accordance with the laws
of the State of Idaho.
20. Heirs and Assigns: This Agreement and the terms and conditions hereof shall
apply to and are binding upon the heirs, executors, administrators and assigns of the parties hereto.
21. Severabilitv: If any part of this Agreement is held to be invalid or unenforceable,
such holding will not affect the validity or enforceability of any other part of this Agreement so
long as the remainder of the Agreement is reasonably capable of completion.
22. Statutory Certifications: In accordance with Idaho Code Section 67-2359
Contractor hereby certifies that it is not owned or operated by the Government of China, as defined
in said code section, and that during the Term of this Agreement it will not be owned or operated
by the Government of China.
23. Approval: The City and Contractor each acknowledge that this Agreement, even
though agreed upon by the City's representatives, is not binding upon the City until such time as
the Eagle City Council approves this Agreement and authorizes the Mayor to execute this
Agreement on behalf of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
CITY OF EAGLE:
Brad Pike, Mayo
AT FEST:
Chris Holladay
Lochsa Engine. ing, LLC
Cam;' „t'ORq�•
•
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•r: * -
acy E. , . rn, City Clerk = * L
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Civil
Flood Control
Structural
Surveying
Traffic
EXHIBIT A
Date: 7/19/2024
Professional Services Agreement
Between Lochsa Engineering, LLC and City of Eagle
Project Title: Orville Jackson House Chimney Bracing — Eagle, ID
Proposal Number: P24LOC4-377A
Exhibit A: List of Services
Exhibit B: Payment, Rates, Direct Reimbursables, and Terms & Conditions
1. PROJECT DESCRIPTION:
1.1. For Buildings.
Provide structural engineering services as the Engineer of Record (EOR) for the above listed project.
The scope of work includes the stabilization of the tall brick chimney. The design is intended to provide a steel
sleeve that supports the chimney from inside, so the bracing is not seen.
1.2. Based upon Email from City of Eagle.
2. FEES:
2.1. Construction Document - Permitting: = $ 6,900.00, Lump Sum
2.2. Contract Administration During Construction: = Hourly + Materials
2.3. Value Engineering: = Hourly + Materials
2.4. NCR, Field Fixes or Changes. = Hourly + Materials
3. SCHEDULE: Projects are scheduled upon receipt of a signed contract
There are many contributing factors which can and will affect schedules, most of which are beyond Lochsa's
control. To the greatest extent possible, Lochsa will attempt to meet the proposed timeline. However, there are
always exceptions; therefore, schedules are subject to further review and modifications. Please be advised that
any changes in scope and/or deliverable schedule will affect Lochsa's schedule and potentially the fee.
4. PROFESSIONAL LIABILITY INSURANCE LIMIT:
Lochsa Engineering, LLC carries E&O insurance and documentation can be provided when requested.
Sincerely,
Lochsa Engineering, LLC
•
Lochsa Engineering
Proposal Tracking Number P24LOC4-377A
Lochsa.com
Page 2 of 7
Date. 7/19/2024
Both signatures are required for a Fully Executed Contract
Client Acceptance / Signature
City of Eagle
660 E Civic Ln
Eagle, ID
(208) 489-8761
adunn@cityofeagle.org
Approved by:
Name/Title: 9 rud ' + �e� we -
Client Project Number:
Purchase Order Number:
Date. "7
Billing Contact Email: (A.d WnrN C.1QC;
7_,‘/
Lochsa Acceptance / Signature
Lochsa Engineering, LLC
201 N Maple Grove Rcl 100
Boise, ID 83704
Phone: 208.342.7168
Approved by:
Date: 2024.10.11
Name/Title: Chris Holladassociate Director
vil I Flood Control I StructuraI I Surveying I Traffic
Lochsa Engineering
Proposal Tracking Number: P24LOC4-377A
Lochsa.com
Page 3of7
Date: 7/19/2024
EXHIBIT A - LIST OF SERVICES PROVIDED
SERVICE DESCRIPTION
INCLUDED
ADD
SERVICE
ADDITIONAL COMMENTS / NOTES
1. Engineer Role
Y
Engineer of Record® Specialty Engineer of Record ❑
2. Structural Engineering Services
2.1 Calculations Only
N
2.2 Construction Documents & Calculations
Y
2.3 Calculations & Redlines
N
2.4 CFS Shop Drawings & Calculations
N
Ext. 0 Int. 0 Load Bearing❑ Non -Loading Bearing❑
3. Coordination
Design Phase ® Construction Phase 0
3.1 Conference Calls
Y
3.2 On Site meetings
Y
Possibly one to gather additional information
4. Modeling of Existing Conditions
N
5. Exterior Cladding
N
6. Design Chimney bracing
Y
7. Structural Observation
N
8. Stair Systems Components
N
Landing beams, stringers
9. Handrails, treads
N
10. Canopy Systems
N
11. Interior CFS/Wood Bearing Walls
N
12. Interior CFS/Wood Non -Bearing Framing
N
13. Exterior CFS/Wood Bearing Walls
N
14. Exterior CFS/Wood Non -Bearing Framing
N
15. Gravity and Lateral Loads of Non -Structural Members
and/or Anchorage
N
16. Seismic Bracing/Evaluation of Other
N
17. Vibration isolation of Mechanical Systems
N
18. Conformance review of field submittals
N
19. Hard Copy Construction Documents
N
20. "As Built" record Documentation
N
21. Project Specification Book
N
22. Elevations
N
23. Pre -manufactured Metal Buildings Foundations
N
24. Truss Design
N
25. Destructive Explorations
N
26. Forensic Investigation Services
N
27. Early Structural package
N
Civil I Flood Control I Structural I Surveying I Traffic