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HomeMy WebLinkAboutCONSENT BHC on call building consultantJEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA TO: Board of County Commissioners Josh Peters, County Administrator FROM: Chelsea Pronovost, Administrative Services Manager/Interim Director, DCD Gabriel Shepherd, Community Development Technician& Outside Review Coordinator DATE: November 24, 2025, SUBJECT: Contract supplemental for on-call Building Services Consultant(PSA) STATEMENT OF ISSUE: The Department of Community Development(DCD) seeks to extend an existing contract for on-call building plan review and inspection services. DCD currently lacks a permanent Plans Examiner and certified Building Official, and this extension will ensure continuity of essential services until those positions are filled or training is completed. ANALYSIS: Following recent staffing changes, DCD does not have in-house capacity to perform plan review or certain Building Official duties. The department relies on contracted services to maintain permit processing timelines and ensure code compliance. The proposed amendment adds $115,000 in spending authority to support plan review and Building Official services on a case-by-case basis over the next several months. This amount represents the average of 75%of plan review fee revenue collected over six months, consistent with the existing consultant agreement. While the actual percentage may be lower depending on project valuation,this funding level ensures sufficient coverage through the transition period as DCD recruits or trains a new Plans Examiner. FISCAL IMPACT: These services are funded through building permit fees and do not require General Fund support. Contracted services are used in lieu of county staff, and the remaining portion of plan review fees continues to cover administrative costs for permit routing, consultant management, and case tracking. RECOMMENDATION: Staff recommends Board approval of a contract amendment increasing spending authority by $115,000 to maintain building program operations during this interim staffing period. REVIEWED BY: Josh Peters, County Administrator Date 1 11/19/2025 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: BHC Consultants LLC Contract No: 2023-DCD-BHC SUPP 2 Contract For: On-call Building Services Consultant Term: Through August 31, 2028 COUNTY DEPARTMENT: Department of Community Development Contact Person: Chelsea Pronovost Contact Phone: 360-379-4494 Contact email: cpronovost@co.jefferson wa us AMOUNT: $115,000 PROCESS: _ Exempt from Bid Process Revenue: $115,000 Cooperative Purchase Expenditure: $115,000 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund # RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: n N/A:E] r 11/6/2025 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: n r ~ 11/6/2025 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 11/14/2025. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 11/13/2025. Supplement No. 2 to PSA for increase in contract amount not to exceed 175,000. Prior supplement and original attached. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL Organization and Address Supplemental Agreement Number 2 BHC Consultants LLC 950 Pacifica Ave. STE 905 Agreement Number 2023DCD-BHC Tacoma, WA 98402 Project Number Phone 360)227-9643 Project Title Original Contract Current Contract Estimated Contract Professional Services Agreement for On Call Not to Exceed: Balance: Supplement: Review,Inspection& Building Official Services $60,000 1755.79 115,000 Description Supplement No.2 to Professional Services Agreement for On Call Review, Inspection Services and Building Official Services,would add$115,000 for additional plan review service and allow for possible on-call Building Official services at rates outlined in the original Exhibit"B"Labor Rate Schedule table. The new Not to Exceed amount will be$175,000. Note: Original contract Not to Exceed amount above includes Supplement No. 1. The Local Agency of Jefferson County desires to supplement the agreement entered into with BHC Consultants LLC and executed on August 21,2023 and identified as Agreement No. 2023 DCD-BHC Professional Services Contract for On call Plan review. Inspection services and Building Official. All provisions in the basic Professional Services Contract,dated August 21,2023 as amended by remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 2.Scone of Services. Paragraph 2. Is hereby changed to read as follows: The contractor agrees to perform On Call Review,On Call Building Official Services and Inspection Services,but not limited to plan review inspection all labor identified on Exhibit"A". Section 4. Payment,paragraph 4.a. is hereby changed to read as follows: a.Payment for the work provided by Consultant shall be made as provided in Exhibit B attached hereto. provided that the total amount of payment to Consultant shall not exceed$175,000 without the express ritten modification of this Agreement signed by the County. Page I of 2 II Signatures indicate agreement to the changes as stated in this Supplement#2 to the Professional Services Contract for On Call Plan review and Inspection Services. DATED this day of 2025. JEFFERSON COUNTY WASHINGTON BHC Consultants LLC. Board of County Commissioners Jefferson County, Washington By: By: Heidi Eisenhour.Chair Title: By: Greg Brotherton.Commissioner Date: By: Heather Dudley-Nollette,Commissioner SEAL: ATTEST: Carolyn Gallaway,CMC Date Clerk of the Board Approved as to rm only: 7111for 13/2025 hilip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page 2 of 2 Organization and Address Supplemental Agreement Number I BHC Consultants LLC 950 Pacifica Ave. STE 905 Agreement Number 2023DCD-BHC Tacoma, WA 98402 Project Number Phone 360)227-9643 Project Title ginal Contract Current Contract Estimated Contract Professional Services Agreement for of to Exceed: Balance: Supplement: Comprehensive Plan Periodic Review S30,000 S6.045 S30.000 Description Supplement No. 1 to Professional Sen ices Agreement for On Call Review and Inspection Services is appended with: (1)"Exhibit C 2023-Supplement"adding$30,000 to the contract amount with a new not to Exceed amount of$60.000. The Local Agency of Jefferson Count) desires to supplement the agreement entered into with BHC Consultants LLC and executed on August 21,2023 and identified as Agreement No. 2023 DCD-BHC Professional Services Contract for On call Plan review and inspection services All provisions in the basic Professional Services Contract,dated August 21, 2023 as amended by remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 4.Payment. paragraph 4.a. is hereby changed to read 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 $60,000 without the express written modification of tis Agreement signed by the County. Page I of 2 II Signatures indicate agreement to the changes as stated in this Supplement#I to the Professional Services Contract for On Call Plan review and Inspection Services. DATED this 3 day of 404,2024. BHC Consultants LLC. COUNTY OF JEFFERSON Consultant BOARD OF COMMISSIONERS e(t,GhNeJ 6ic it n,ultanes ignature A(aipe-A/T K Dean. hair 0/7/201+ Date ei Eise our. Member ro rton. Member Approved as to form only this day of August 2024. Offt& Philip C. Hunsttk hief Civil Deputy Prosecuting Attorney Page 2 of 2 II Signatures indicate agreement to the changes as stated in this Supplement#1 to the Professional Services Contract for On Call Plan review and Inspection Services. DATED this day of 2024. BHC Consultants LLC. COUNTY OF JEFFERSON Consultant BOARD OF COMMISSIONERS onsultant Signature //WS/etrw7 Kate Dean,Chair 0/7'72021. Date Heidi Eisenhauer, Member Greg Brotherton, Member Approved as to f only this ZZtb day of August 2024. i- for Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Page 2 of 2 PROFESSIONAL SERVICES AGREEMENT FORON CALL REVIEW AND INSPECTION SERVICES THIS PROFESIONAL SERVICES AGREEMENT FOR ON CALL REVIEW and INSPECTION SERVICES("this Agreement")is entered into between the County of Jefferson, a municipal corporation("the County"),and BHC Consultants, LLC (UBI Number: 602 774 584, the Contractor"), in consideration of the mutual benefits,terms,and conditions specified below. 1 Project Designation. The Contractor is retained by the County to perform the following Project: On ('all Rev icw and Inspection Services. 2. Scooe of Sep,ices The Contractor agrees to perform On Call Review and Inspection Services including,but not limited to plan review inspection all labor identified on Exhibit A" 3. Time for Performance. This Agreement shall commence on I August 2023 and continue through 31 July 2028. Work performed consistent with this Agreement during its term. put prior to the adoption of this Agreement,is hereby ratified. The Contractor shall perform all services pursuant to this Agreement as outlined above in Section 2 4. Payment, The Contractor 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 the Contractor shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Contractor shall not exceed S30.000 without express written modification of this Agreement signed by the County. b. Invoices must be submitted by the 15th of the month for the previous month's expenses.Such invoices shall be checked by the County.and upon approval thereof, payment shall be made to the Contractor in the amount approved. Failure to submit timely invoices and reports pursuant to Exhibit "B"of this Agreement may result in a denial of reimbursement. Invoices not submitted within 60 days may be denied. c. Final payment of any balance due the Contractor of the total contract price earned shall be made promptly upon its ascertainment and verification by the County after the completion of the work and submittal of reports under this Agreement and its acceptance by the County. d. Consultant shall be paid all reasonable and necessary work. Consultant shall bill time in quarter hour increments and provide a reasonable description of the work performed. Quarter hour increments shall be the minimum billing increment for invoices. Consultant shall provide invoices and necessary backup documentation for all services including timeshects and statements (specifying the services provided). Page I of 22 e. The Contractor'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 six(6)years after final payments. Copies shall be made available upon request. S. Ownership and Use of Documents. All non-confidential or de-identified documents. drawings, specifications, and other materials produced by the Contractor 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 Contractor shall be permitted to retain copies. including reproducible copies, of drawings and specifications for information, reference and use in connection with the Contractor's endeavors. The Contractor 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 The Contractor 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. The Contractor shall indemnify and hold harmless the County.its past or present employees,officers.agents.elected or appointed officials or volunteers(and their marital communities).from and against 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 the Contractor's own employees,or damage to property occasioned by a negligent act, omission or failure of the Contractor. The Contractor shall be liable only to the extent of the Contractor's proportional negligence. The Contractor specifically assumes potential liability for actions brought against the County by the Contractor's employees, including all other persons engaged in the performance of any work or sery ice 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 this Agreement. a. 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 S500,000 each occurrence with the County named as an additional insured in connection with the Contractor's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles:(b)Hired automobiles:and,(3)Non-owned automobiles. Page 2 of 22 b. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars(S 1,000,000)per occurrence and an aggregate of not less than two(2)times the occurrence amount (S2,000,000.00 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: i. Broad Form Property Damage. with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability — including coverage for products and completed operations; iv. Premises—Operations Liability(M&C; v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. c. Professional Liability Insurance. The Contractor shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement, on a form acceptable to Jefferson County Risk Management in the amounts of not less than S1,000,000 Each Claim and S2,000,000 Aggregate. The professional liability insurance policy should be on an occurrence" form. If the professional liability policy is "claims made," then an extended reporting periods coverage(tail coverage)shall be purchased for three(3) years after the end of this Agreement, at the Contractor's sole expense. The Contractor agrees the Contractor's insurance obligation to provide professional liability insurance shall survive the completion or termination of this Agreement fora minimum period of three(3)years. d. 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. e. 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. f. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of overage; (b) [he 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 Community Development Department62I Sheridan Street, 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 Page 3 of 22 County. If the proof of insurance or certificate indicating the County is an additional insured"to a policy obtained by the Contractor 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 Contractor 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. g. 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. h. 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 both parties and be primary coverage for all losses covered by the above described insurance. 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. j. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. k. 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 Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. I. 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. m. 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. n. 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 Contractor must provide in order to comply with this Agreement. Page 4 of 22 o. The County may,upon the Contractor's failure to comply with all pros isions ofthis Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. p. 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. q. 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. r. 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. s The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. MI insurance provisions for subcontractors shall be subject to all the requirements stated herein. t. 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. u. 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 Jefferson County Risk Manager by registered mail, return receipt requested. v. 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 he placed with insurers or re- insurers licensed in the State of Washington. w. 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). a If and only if the Contractor 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 Contractor, the Contractor shall maintain workers'compensation insurance at its own expense,as required by Title 51 RCW, Page 5 of 22 for the term of this Agreement and shall provide evidence of coverage to Jefferson County Risk Manager,upon request. b. 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. c. This coverage shall extend to any subcontractor that does not have their own worker's compensation and employer's liability insurance. d. 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. e. If the County incurs any costs to enforce the provisions of this subsection,all cost and fees shall be recoverable from the Contractor. 1 u. Independent Contractor. Ilre Contractor and the County agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. The Contractor specifically has the right to direct and control the Contractor's own activities, 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 the Contractor nor any employee of the Contractor shall be entitled to any benefits accorded County employees by s irtue 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 the Contractor.or any employee of the Contractor. I I. Subcontracting Requirements. a 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. b. 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 Jefferson County Community Development Director or their designee must approve any proposed subcontractors in writing. Page 6 of 22 c. 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, [he Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, 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 Contractor, 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 contract price or consideration.or otherwise recover, the full amount of such fee, commission. percentage, brokerage fee. gift, or contingent fee. 13. Discrimination Prohibited, The Contractor. with regard to the work performed by it under this Agreement. shall not discriminate on the grounds of race, color, national origin. religion, creed.age, gender. sexual orientation, material status, sex,or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 14. No Assignment. The Contractor 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 and reserves the right to terminate this Agreement at any time by giv ing ten(10)days written notice to the Contractor. b. In the event of the death of a member. partner.or officer of the Contractor, or any of its supervisory personnel assigned to the project. the surviving members of the Contractor 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 Contractor and the County. if the County so chooses. c. The Contractor understands and agrees that County may terminate this Agreement in whole or in part.with 10 days'notice,in the event that expected or actual funding from any funding source is withdrawn, reduced, or limited in any way after the effective date of this Agreement. In the event of termination under this clause,the Page 7 of 22 County shall be liable for only payment for services rendered prior to the effective date of term i nation. 17. Notices. MI 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 Risk Manager P.O. Box 1220 Port Townsend. WA 98368 Notices to the Contractor shall be sent to the following address: BHC Consultants 950 Pacific Ave. STE 905 Tacoma. WA 98402 18. Integrated Agreement. This Agreement together with attachments or addenda represents the entire and integrated Agreement between the County and the Contractor 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 Contractor ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in its proposal. and the supporting material submitted by the Contractor, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 19.Modification of this Agreement. This Agreement may he amended only by written instrument signed by both County and Contractor. 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 County Risk Manager,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 attomcy'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 Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. Page 8 of 22 21. 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. 22. Limits of Anv 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. 23.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. 24. 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. 25. 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. 26. 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. 27.No Third-parts 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. 28. Sianature 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. 29. Facsimile and Electronic Sianatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 30 Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length, w ith the assistance and advice of competent, independent legal counsel. 31. 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, Page 9 of 22 within two business days. notify the County by providing a copy of the request per the notice provisions of this Agreement. This Agreement. once executed. will be a "public record" subject to production to a third party if same is requested pursuant to the Washington Puhlic Records Act. Chapter 42.56 RCW. as may hereafter be amended. 32. Confidentiality. With respect to all information relating to County that is confidential and clearly so designated. as required by the Health Insurance Portability and Accountability Act (HIPAA) and any other applicable privacy laws, the Contractor agrees to keep such information confidential. The Contractor shall not disclose, transfer, or sell any such information to any party,except as provided by law or. in the case of personal information, with the prior written consent of the person to whom the personal information pertains. The Contractor shall maintain the confidentiality of all personal information and other information gained by reason of this Agreement, and shall return or certify the destruction of such information if requested in writing by Jefferson County SIGNATURES FOLLOW ON THE NEXT PAGE) Page 10of22 SIGNATURE PAGE Jt:FFER NCOUNTY RO k SSIONERS 3HC Consultants.LLC Si`/2 14 3 Name of the Contractor e herton. Chair Approved Tetephonlcalty Contractor Representative(Please prim, Hein. 1,trm +er WSW*1w A Comm,dr+. Cameron Ochiltree a dr 11O270 7 N7{1H1W l Signature) Fi di a.iho ur `temhcr Executive vice President Title August 3,2023 Date FEFiSOry CD i o- yl G v Z SEAL: Cr CIA t F^ ` ' O 1'ASHt ,•+' MNWMY ATTEST: ra 6°Leb Carolyn Gafoway.CMC DATE a/ti/t3 Clerk of the Board Approved as fonn°sly c Philip C. Hunsucker DATE: August 16 2023 Chief Civil Deputy Prosecuting Attorney Page IIof22 EXHIBIT"A" Jefferson County Oa Call Building And Fire Marshal Services SCOPE OF SERVICES I. Plan Review The County shall determine which plans and building permit applications shall be reviewed by Consultant. Consultant shall review such plans submitted with building permit applications for structural, non-structural and code compliance in accordance with 1CC 15.05.030. which adopts the International and Uniform Codes adopted by the State of Washington. with exceptions, in Chapter 51-11 (Washington State Energy Code and Amendments). Chapter 51-50 WAC International Building Code), Chapter 51-51 (International Residential Code). Chapter 51-52 WAC (International Mechanical Code). Chapter 51-54 WAC (International Fire Code), and Chapter 51-56 WAC (Uniform Plumbing Code and Plumbing Code Standards) (collectively Building Codes"),except that Consultant shall obtain approval from the Building Official on any portion of the review that specifically requires the approval of the Building Official as specified in the Building Codes. A. The specified services to be performed by Consultant shall be specified in a Letter of Authorization issued by the Building Official for each set of plans and permit application. B. Consultant shall not design for applicants, make any structural changes on the plans, or make any changes that directly contradict other information on the plans. Reviews shall be conducted by Consultant and under direction of the Building Official or their designee. D. If corrections or additions are required, Consultant shall write a comment letter addressed to the applicant.The County or.Consultant at the direction of the Building Official or their designee.shall provide the comment letter,along with any additional County requirements to the applicant.The comment letter shall indicate to the applicant that they are required to submit the revisions/additions once addressed to Consultant per the submittal requirements or guideline checklists for the permit type under review. F. When the plans and applications are consistent with the Building Codes.Consultant shall indicate that the plans and applications have been reviewed and found to be in substantial compliance with the applicable Building Codes. The reviewer's name and date of compliance shall be affixed to each sheet of the required digital submittal documents. In the event digital submittal documents are not available, up to two sets of drawings (as provided by the applicant) including the cover sheet shall be stamped in the same manner and provided back to the Building Official or their designee. F. Full reviews shall include structural, non-structural, accessibility. energy, and ventilation requirements as applicable. Partial rev iews shall be indicated herein as either structural or non-structural or as mutually agreed upon. Initial reviews shall be within the timelines identified below. Page 12 of 22 2. Process A. The County reserves the right to determine the process and method of work by Consultant. At its sole option, the County shall determine if it wishes to contract with Consultant on a time and materials basis or a percentage basis and as agreed upon by the Building Official or their designee and Consultant. B. The County shall notify Consultant in writing which plans and applications are to be reviewed by Consultant. C. The County shall intake, track, and process the permit applications and all revisions per current building and permit administration procedures through in-house platforms which may include paper or electronic processing. Consultant shall conduct its services on both these platforms. D. Electronic application submittal, review, and approval shall be coordinated by the County through the County platform.Consultant shall identify its statT who shall have user access to and participate in the County platform. All submittal materials from applicant shall be digital PDF or other compatible file type (e.g.. .jpg or .titT). Consultant shall perform the reviews and coordination in the same manner using Bluebeam Revu PDFs and Word documents. E. For transmission of application materials received through the in-house platform,electronic files between the County and Consultant shall be via a file transfer method such as a Liquidfiks file link,a SharePoint file link,an FTP link.a cloud-based file link.The County application materials generally shall be available within the platform and shall not require file transfer. Email may be used on a project-by-project bases at the discretion of the Building Official or their designee. F. For transportation of non-electronic documents, Consultant shall be responsible for the transportation and cost of returning permit review documents back to the County. The County shall be responsible for the transportation and cost of delivering permit review non- electronic documents to Consultant. G. Consultant shall conduct the initial review, revisions or additional information and shall either indicate compliance with the Building Codes against which it was checked and notify the County of compliance,or if the drawings are still not as required.contact the applicant and the County with additional revision requests within the time frames specified below, unless negotiated otherwise: Project Type*T Initial Review Re-Review 10 working days (1 — 2Single-Family 10 working days(2 weeks) weeks) 1 Multi-Family 15 -20 working days(3 -4 weeks) 10 working days(2 weeks) Page 13 of 22 Commercial 20-30 working days(4 - 5 weeks) 15 working days(3 weeks) j these timelines are subject to changes to applicable County rules and regulations and RCkk' as amended. I I. The review timelines set forth above may be revised for any given project, upon written consent of both the County and Consultant. I.Consultant shall not be held responsible for delays attributable to any force majeure events. For the purposes of this section,an event of force majeure shall mean any cause beyond the control of the either party including but not restricted to, acts of God, flood, drought. earthquake, storm, fire, lightning. epidemic. war, riot, civil disturbance or disobedience. labor dispute, labor or material shortage,sabotage,acts of public enemy,explosions,orders. regulations or restrictions imposed by governmental, military, or lawfully established civilian authorities,which, in any of the foregoing cases, by exercise of due diligence such party could not reasonably have been expected to avoid, and which, by the exercise of due diligence, it has been unable to overcome. Force majeure does not include(i)a failure of performance that is due to an affected party's own negligence or intentional wrongdoing; ii)any removable or remediable causes(other than settlement of a strike or labor dispute) which an affected party fails to remove or remedy within a reasonable time;or(iii)economic hardship of an affected party. 3. Building Inspection Services Consultant shall provide a certified building inspector, or state licensed Design Professional to perform the following services on an as-needed. on-call basis for Residential and Commercial buildings: A. Upon authorization by the Building Official or their designee, the inspector shall perform building inspection services for the County. B. At the request of the Building Official or their designee. the inspector shall be asked to perform one or more of the following inspection tasks. I. Non-structural fire and life safety inspections: 2. Structural inspections; 3. Energy code inspections: 4. Barrier free ADA inspections;or. 5. Mechanical & plumbing inspections. C. Inspector shall provide building inspections in accordance with the Building Codes,except that inspector shall obtain approval from the Building Official or their designee on any Page 14 of 22 portion of the review that specifically requires an approval of the Building Official under the applicable code(s),or that involves an unusual interpretation D. Inspections shall be done in accordance with all codes,ordinances and regulations in effect and shall be performed in a courteous and professional manner. Up-to-date records of inspection status shall be maintained in the manner required tar the specific project and on the office copy of the permit. Inspections can be negotiated to be in person or virtual remote inspection, or as requested otherwise by the County. Note: Plan review approvals are not inspections. The County shall guarantee a minimum of four(4)hours of inspection work each day inspection services are provided Inspection time is calculated portal to portal further explained below. 4. Additioaal Services Regaired A. Pre-permit plan review meetings to review code requirements and County permit coordination shall be charged at the hourly rates identified in the Labor Rate Schedule. B. Review of supplemental plans or deferred submittals(information not provided at time of initial review but required for plan approval. i.e.,truss specification/plans, mechanical, C. plumbing,etc.)shall be charged at the hourly rates identified in the l.ahor Rate Schedule. D. Revisions to plans that require additional plan review shall be charged at the hourly rates identified in the Labor Rate Schedule. E. Addendums to approved plans that require additional plan review shall be charged at the hourly rates identified in the Labor Rate Schedule. F. Attendance of meetings in person or remotely when requested by the County shall be charged at the hourly rates identified in the Labor Rate Schedule. G. All other review services and reviews in excess of two(the initial review plus one re-check) shall be paid on a time-and-expense basis using the applicable hourly rate identified in the Labor Rate Schedule. II. In-house plan review and other services shall be provided as desired by the County and agreed upon by Consultant on a time-and-expense basis using an hourly rate identified in the Labor Rate Schedule. I. Valuation figures used to determine the plan review fees shall be calculated based on the County's Fee Resolution or ordinance. The plan review fee shall be determined by the County and the proposed plan review fee amount shall be submitted to Consultant for each project for review and approval. 1. Billing statements shall be issued for reviews that receive a full initial review in the preceding month or other acceptable time period. A full initial review shall constitute an Page 15 of 22 earned fee for both the County and Consultant. Each statement shall include the permit application number and owner or project name of the plans reviewed with the fee. K. The County shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time that Consultant modifies such work to the satisfaction of the County. I.. Hourly rates shown are portal to portal from inspector's residence or the Consultant'office, whichever is less for on-call services. M. All mileage included by Consultant shall be reimbursed at the most current IRS rate at the time of service,or as negotiated and mutually agreed upon by Consultant and the County for fixed mileage rate. Mileage shall not be assessed on travel using client supplied vehicle. N. Consultant staffs normal workdays are Monday through Friday(8am-5pm. PST). Office work on Saturdays,Sundays or County Holidays shall be performed only at specific request of the County. Billing for work performed outside normal work hours or on Saturdays, Sundays,or County Holidays shall be at 150%of the rates shown above. O. This Labor Rate Schedule is effective as of January I, 2023 and shall be effective for the duration of this Agreement or until amended and mutually agreed upon by Consultant and the County. Page 16 of 22 EXHIBIT "B" PAYMENT All applicable County building permit fees are outlined in JCC 15.05,030(I adopts the International Building Code, with exceptions. in Chapter 51-50 W AC, using the metric provided by the ICC Building Evaluation Table below. Fee Vie i E«Antotawt CLASSISRAL REctustemoon FOR ALL CONSTRUCT101.41111.41TED rf TS Bundling Permit fees out'be based upon valuation The valuation shall be determined by the Budding Official For most profec the square footage costs,n the most current Butdsrsg valuation Data Table oubbsted by the international Code Council(KC) may be employed For proiKts not covered by the table construction estimator,togs such as Construction Cost Data by II.S Means or the BNI Construction Cosrboofr may be referenced as a garde Admtnstratrve Fee Includes a technology fee equal to 2%of the total building permit cost Permit fees shall be calculated from valuation n the following manner Valuation Corresponding Permit Fie So SS00 S30 00 5So1 S2 000 S30 00 for the fist$50000 plus Sit 00 for each additional 5100 or fraction thereof,to and rscwdrrt$2.000 52.001 S2S.000 S90 00 for the first S2.000 00 plus S 1 t SO for each additional 51.000 a fractror thereof to and rsclud.ng 525.000 S2S.001 550.000 5492 SO for the first 525.000 00 plus$12 SO for each additional St.000 or fraction thereof to and rnclud,ng SSO 000 S50,001 -5100.000 5.805 CO for the first S50.000 00 plus 59 00 for each additional St 000 or faction thereof.to and rxlochry 5100.000 S 100 001 S500 000 51 255 00 for the first S 100.000 00 taus S 7 25 for each additrona 51000 or fl act ros thereof,to and nit'tiding S500.000 5500 001 51.000 OOC Sa.l SS 00 for the first SS00.000 00 Phis 56 00 for each additional S1 000 or fraction thereof. to and including 51.000.000 S1,000.001 •S5.000 000 57 1S5 00 for the first S1 000.000 00 plus Sa CO for each addrtsonaf 51 00000 or fraction thereof. to an including S5.000.000 SS.000.001 and up S2 3.155 00 for the first SS 000.000 00 plus 53 00 for each additional 51.000 00 or tract on thereof I'.tge I- nt21 LABOR RATE SCHEDULE Classification Hourly Rate Principal Consultant(Sr. Plans Examiner or B.O.) S l 60 Combination Building Inspector S92 Plans Examiner I —non-structural S 150 Structural P.E. S 195 Administration/Clerical Assistance S75 Travel Time 60%of Hourly Rate + Mileage - 1. Plan Review Fee The following fee determination criteria is intended to include the review of plans sent to Consultant for revieM and approval. The reviews will typically be for new construction, substantial remodel, and alterations of both re idential and commercial structures. Incidental over-the-counter plan review performed by Consultant stuff while on-site at the County will be included as part of tasks performed upon request at the hourly rale identified in the Labor Rate Schedule. LUMP SUM: The County shall pay Consultant a lump-sum fee for performing an initial rev iew and one recheck for each project. The fee shall be based on a percentage of the plan re‘less Ice as tabulated below or as mutually agreed upon between the County and Consultant. The plan review fee shall be based on the fees charged by resolution for the County. At the request of the County and in concurrence by Consultant, plan review fees may be determined to be charged at the hourly rates as identified in the Labor Rate Schedule as opposed to the following"fixed fer- rates: Commercial and Multi-Family Proiect Percentage of Plan Review Fee Valuation<S2,000,000 Valuation S2,000,000 To S5,000,000 Complete Plan Review 7 c 70°0 Partial Plan Review structural only or nonstructural only i 60% 50% Valuation SS,000,001 to+ Valuation S 10.000,001 S10,000,000 I and up Complete Plan Review 60% 50°i° Partial Plan Review 40% 35% structural only or nonstructural only) Sinale Family Protects Page 18 of 22 Complete Plan Review 75%of Plan Review Fee Partial Plan Review 50%of Plan Review Fee structural only or nonstructural only) Residential. (Single Family [)welling) A. Full Plan Review: Includes structural, non-structural Fire & Life Safety, mechanical. plumbing. State Energy,and applicable items in the County's Municipal Code. Non-Residential: R Full Plan Review: Includes structural, non-structural Fire & Life Safety, Barrier Free ADA accessibility and/or State Energy Code,Mechanical(IMC)and/or Plumbing(UPC). C. Partial Plan Review: Will consist of one of the following: IBC non-structural Fire & Life Safety including mechanical/plumbing when issued as a part of a combination building permit. State Energy and Barrier Free ADA accessibility review;or, IBC Structural ONLY. D. Mechanical/Plumbing:(issued as a separate permit). When permit for such work is issued separately from a building combination permit and the permit fee is based on valuation of such work separate from the building permit. the fee will be assessed at the partial review percentage noted above. If the permit fee is Page 19of22 based on a unit fee per the IMC or UPC, the fee will be charged at the hourly rate as identified in the Labor Rate Schedule. E. Attachment'B"Labor Rate Schedule will be utilized for all hourly tees unless negotiated otherwise between Consultant and the County. F. Fixed Fee plan review includes the initial plan review plus one (I) recheck. When substantial revisions occur to previously reviewed and/or approved plans,additional fees shall be charged at the hourly rates identified in the Labor Rate Schedule. G. All"fixed fee"and/or"hourly"projects shall have a minimum fee of S250 to cover set up, tracking,coordination,and initial review. H. Expedited plan review services are available upon request. Fee is negotiated based on timeline requested at a rate of 150%to 200%of the hourly rates identified in the Labor Rate Schedule or as negotiated otherwise. Once the fee is negotiated the County is to inform the applicant of the fee ahead of the notice to proceed. Billing for authorized expedited services will be identified in the statement further described below. I. A joint Consultant plan review and County split review option may be negotiated prior to the start of the project. 2. Building Inspection Services Consultant will provide a certified building inspector,certified building official or state licensed Architect to perform the following services on an as-needed. on-call basis for Residential and Commercial buildings: A. Upon authorization by the County,the inspector will perform building inspection services for the County. B. At the request of the County, the inspector shall be asked to perform one or more of the following inspection tasks: a. Non-structural fire and life safety inspections: b. Structural inspections: c. Energy code inspections: d. Barrier free ADA inspections:or, e. Mechanical&plumbing inspections. C. Inspector will provide building inspections in accordance with the currently adopted International Codes. Washington State Building Code (WAC 51-50 and 51-51). and Energy Code (WAC 5I-1 I), and the applicable County Building Codes, except that Page 20 of 22 inspector will obtain approval from the County Building Official or his/her agent on any portion of the review that specifically requires an approval of the Building Official under the applicable code(s),or that involves an unusual interpretation. D. Inspections will be done in accordance with all codes,ordinances and regulations in effect and will be performed in a courteous and professional manner. Up-to-date records of inspection status will be maintained in the manner required for the specific project and on the office copy of the permit. Inspections can be negotiated to be in person or virtual remote inspection,or as requested otherwise by the County.Note: Plan review approvals are not inspections. The County shall guarantee a minimum of four(4)hours of inspection work each day inspection services are provided. Inspection time is calculated portal to portal further explained below. 3. Additional Services Required A. Pre-permit plan review meetings to review code requirements and County permit coordination will be charged at the hourly rates identified in the Labor Rate Schedule. B. Review of supplemental plans or deterred submittals(information not provided at time of initial review but required for plan approval, i.e., truss specification/plans. mechanical, plumbing,etc.)will be charged at the hourly rates identified in the Labor Rate Schedule. C. Revisions to plans that require additional plan review will be charged at the hourly rates identified in the Labor Rate Schedule. D. Addendums to approved plans that require additional plan review will he ,:har,ed at the hourly rates identified in the labor Rate Schedule. E. Attendance of meetings in person or remotely when requested by the County will be charged at the hourly rates identified in the Labor Rate Schedule. 4. Additional A. All other review services and reviews in excess of two (the initial review plus one re- check) shall be paid on a time-and-expense basis using the applicable hourly rate identified in the Labor Rate Schedule. B. In-house plan review and other services will be provided as desired by the County and agreed upon by Consultant on a time-and-expense basis using an hourly rate identified in the Labor Rate Schedule. C. Valuation figures used to determine the plan review fees will be calculated based on the County's Fee Resolution or ordinance. The plan res iew fee will be determined by the County and the proposed plan review fee amount shall be submitted to Consultant for each project for review and approval. Page 21 of 22 D Billing statements will be issued for reviews that receive a full initial review in the preceding month or other acceptable time period. A full initial rev iew shall constitute an earned fee for both the County and Consultant. Each statement will include the permit application number and owner or project name of the plans rev iewed with the fee. E. The County shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time that Consultant modifies such work to the satisfaction of the County. F. Hourly rates shown are portal to portal from inspector's residence or the Tacoma office. whichever is less for on-call services. G. All mileage included by Consultant will be reimbursed at the most current IRS rate at the time of service, or as negotiated and mutually agreed upon by Consultant and the County for fixed mileage rate. Mileage w ill not be assessed on travel using client supplied vehicle. H. Consultant staff's normal workdays are Monday through Friday(8am-5pm,PST).Office work on Saturdays, Sundays or County Holidays will be performed only at specific request of the County. Billing for work performed outside normal work hours or on Saturdays, Sundays.or County Holidays shall he at 1509'.of the rates shown above. I. The Labor Rate Schedule is effective as of January I, 2023 and shall be effective for the duration of this Agreement or until amended and mutually agreed upon by Consultant and the County. Page 22 of 22 s4CC0 CERTIFICATE OF LIABILITY INSURANCE ATEIM/ 2024rr,10 712024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Jennifer Aguirre AssuredPartners Design Professionals Insurance Services LLC PHONE FAX 3697 Mt. Diablo Blvd Suite 230 WC.No,EIEk(510)465-3090 lac No) Lafayette CA 94549 EMAIL 9ADDRESS: Dell nPloCerts AssuredPartrterLtOm INSURER(S)AFFORDING COVERAGE NAIC A Loins'.8003745_INSURER A:Hartford Casualty Insurance Company 29424 INSURED BHCCONStA. INSURER N:Twin City Fire Insurance Company 29459 BHC Consultants, LLC 1601 5th Avenue. Suite 500 INSURER c_XL Specialty Insurance Company 37885 Seattle WA 98101 INSURER o Hartford Underwriters Insurance Company_ 30104_ INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:61231134 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS A-061'$t -- -POLICY EFF ` POLICY EXP LT' TYPE OF INSURANCE INSD WVD POLICY NUMBER iNNYDDIYYYY)i fusvoorYYY'VL LIMITS D X COMMERCIAL OENERALUABIUTY 84SBWBAOYDB 3/31/2024 3/31,2025 EACH OCCURRENCE _ ,$1,000,000 6A T5TENTED- CLAIMS4MDE l X ,OCCUR PREMISES J •S300_000 X XCU Included MED EXP(Arty one I>ersonl f 10_000 PERSONAL&ADV INJURY $1,000,000 GENt AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000.000 POLICY FX1 JECT 7 LOC I I PRODUCTS-COMP/OP AGG 4_5 2.000.000 OTHER 5 A AUTOMOBILE LIABILITY Y I 84UEGAE0439 3%31,2024 3/31/2025 'COMBIE)SONILELUT $1,000,000 X ANY AUTO sootyINJURY(Per poison) i S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Poi aoildoie)+S X HIRED X NON-OWNED PROPERTYOAMAGE S AUTOS ONLY __,AUTOS ONLY pot aopd«y) -_ _ --_— _---' S r_.. . OCCR EACH OCCURRENCE $UMBRELLA LIAR U EXCESS LAB CWMS-MADEI AGGREGATE S DED RETENTIONS -- r a WORMERS COMPENSATION y AND EMPLOYERS'LIABILITY SIVyEG1013'c 3%312024 3;31/2025 X STATUTE 1 SR WA STOP GAP ANYPROPRIE'OR/PARTNER/EXECUTIVE YI'I N I A i..El.EACH ACCIDENT $1,000,000 OFFICER 1/EMBEREXCLUOED'+ Mandatory In NH) E L.DISEASE-EA EMPLOYEE S 1,000,000 7eaiIIrefoils:rim under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LOOT 51,000,000 -_--- C I Prolassionai.,abaty Y DPR5026731 3/312024 3/31/2025 P.rC n S2,000,000 Made aa.ian Liability i AMAMI Amman* S2.000.000 Clem I DESCRIPTION OF OPERATIONS I LOCATIONS:VEHICLES IACORD 101,Additional Remarks SchedoIs may be attached if more apace is required) Jefferson County On-Call Budding and Plan Review Services 23-30165 001 Certificate Holder and any other party as required per written contract or agreement is an additional insured as respects general liability or as endorsed to the applicable policy and attached to this certificate Waiver of Subrogation. Primary and Non-contributory.and Severability of Interest coverage applies as endorsed to each applicable policy and attached to this certificate Additional Insured status does not apply to the professional hability policy CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Jefferson County ACCORDANCE WITH THE POLICY PROVISIONS. Risk Manager P 0 Box 1220 AUTHORIZED REPRESENTATIVE Por•,Townsend WA 98368 is .,.. / V. 1988-2015 ACORD CORPORATION All rights reserved ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Policy # 94SBVVBAOYDB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE Ai HARTFORD h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf However, this exclusion does not apply to i) The exceptions contained in Paragraphs (d)or(f), or ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business. in connection with the distribution or sale of the products. 2) This insurance does not apply to any insured person or organization from whom you have acquired such products,or any ingredient. part or container, entering into, accompanying or containing such products b. Lessors Of Equipment 1) Any person or organization from whom you lease equipment, but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. 2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any occurrence"which takes place after you cease to lease that equipment c. Lessors Of Land Or Premises 1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. 2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to a) Any"occurrence"which takes place after you cease to lease that land or be a tenant in that premises; or b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors 1) Any architect. engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or personal and advertising injury" caused. in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf a) In connection with your premises; or b) In the performance of your ongoing operations performed by you or on your behalf. 2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: a) This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" ansing out of the rendering of or the failure to render any professional services, including• i) The preparing. approving, or failure to prepare or approve, maps. shop drawings, opinions, reports, surveys, field orders, change orders. designs or drawings and specifications, or ii) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring. employment, training or monitoring of others by an insured. if the "bodily injury". "property damage", or personal and advertising injury" arises out of the rendering of or the failure to render any professional service. b) This insurance does not apply to "bodily injury" or "property damage" included within the "products- completed operations hazard- e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit 1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit 2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to a) "Bodily injury", "property damage" or"personal and advertising injury" arising out of operations performed for the federal government, state or municipality. or Form SL 30 32 10 18 Page 2 of 3 2018. The Hartford May include copyrighted material of Insurance Services Office, Inc.. with its permission) Policy#84SBWBAOYDB THE HARTFORD a. "Bodily injury"to a co-"employee" of the person operating the watercraft, or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing "suits" 2. Aggregate Limits The most we will pay for a. Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard"is the Products-Completed Operations Aggregate Limit shown in the Declarations b. Damages because of all other "bodily injury". "property damage" or "personal and advertising injury", including medical expenses. is the General Aggregate Limit shown in the Declarations This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire. lightning or explosion 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire. lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of a. The limits of insurance required in a written contract, wntten agreement or permit, or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and 84sgvAymiritred in this Section If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or suit". the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Form SL 00 00 10 18 Page 14 of 22 2018. The Hartford May include copyrighted material of Insurance Services Office, Inc . with its permission) Policy #84SBWBAOYDB THE HARTFORD If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method. each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment. including Supplementary Payments, we have made under this Coverage Part. those rights are transferred to us The insured must do nothing after loss to impair them At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage b. Waiver Of Rights Of Recovery(Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, UB84SBWBAVYment or permit that was executed prior to the injury or damage F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication, and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. "Advertising idea"means any idea for an "advertisement" 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form 4. "Auto" means a. A land motor vehicle trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment, or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment" 5. "Bodily injury"means physical a. Injury; b. Sickness: or c. Disease sustained by a person and. if ansing out of the above, mental anguish or death at any time 6. "Coverage territory" means. a. The United States of America (including its territories and possessions). Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a.above, c. All other parts of the world if the injury or damage arises out of. 1) Goods or products made or sold by you in the territory described in a. above; 2) The activities of a person whose home is in the territory descnbed in a. above. but is away for a short time on your business, or Form SL 00 00 10 18 Page 18 of 22 2018. The Hartford May include copyrighted material of Insurance Services Office, Inc.,with its permission) c) Prior to the expiration of the period of This insurance is primary if you have time that the written contract requires agreed in a written contract or written such insurance be provided to the agreement that this insurance be primary additional insured If other insurance is also primary, we will 2) How Limits Apply share with all that other insurance by the method described in Other Insurance 5.d If you have agreed in a written contract or written agreement that another person or 2) Primary And Non-Contributory To Other organization be added as an additional Insurance When Required By Contract insured on your policy, the most we will If you have agreed in a written contract or pay on behalf of such additional insured is written agreement that this insurance is the lesser of primary and non-contributory with the a) The limits of insurance specified in the additional insured's own insurance, this written contract or written agreement. insurance is primary and we will not seek or contribution from that other insurance b) The Limits of Insurance shown in the Paragraphs (1) and (2) do not apply to other Declarations.insurance to which the additional insured has Such amount shall be a part of and not in been added as an additional insured addition to Limits of Insurance shown in When this insurance is excess, we will have the Declarations and described in this no duty to defend the insured against any Section suit" if any other insurer has a duty to defend the insured against that "suit" If no other 3) Additional Insureds Other Insurance insurer defends, we will undertake to do so If we cover a claim or "suit" under this but we will be entitled to the insured's rights Coverage Part that may also be covered against all those other insurers by other insurance available to an When this insurance is excess over other additional insured, such additional insured insurance, we will pay only our share of the must submit such claim or "suit" to the amount of the loss, if any, that exceeds the other insurer for defense and indemnity sum of However, this provision does not apply to the extent that you have agreed in a 1) The total amount that all such other insurance would pay for the loss in the written contract or written agreement that absence of this insurance; and this insurance is pnmary and non-contnbutory with the additional 2) The total of all deductible and self-insured insured's own insurance. amounts under all that other insurance. 4) Duties in The Event Of Accident. Claim. We will share the remaining loss, if any, by Suit or Loss the method described in SECTION IV- Business Auto Conditions, B General If you have agreed in a written contract or Conditions Other Insurance 5 d written agreement that another person or organization be added as an additional 3. AUTOS RENTED BY EMPLOYEES insured on your policy, the additional Any "auto" hired or rented by your "employee" on insured shall be required to comply with your behalf and at your direction will be the provisions in LOSS CONDITIONS 2 - considered an "auto" you hire. DUTIES IN THE EVENT OF ACCIDENT, The SECTION IV- Business Auto Conditions, B. CLAIM , SUIT OR LOSS — OF SECTION General Conditions, 5 OTHER INSURANCE IV — BUSINESS AUTO CONDITIONS, in Condition is amended by adding the followingthesamemannerastheNamedInsured. e If an "employee s" personal insurance also2. Primary and Non-Contributory if Required by Contract applies on an excess basis to a covered auto" hired or rented by your "employee" on Only with respect to insurance provided to an your behalf and at your direction, this additional insured in A.1.g - Additional insurance will be primary to the "employee's" Insured If Required by Contract, the following personal insurance provisions apply 1) Primary Insurance When Required By Contract Page 2 of 5 Form HA 99 16 12 21 1) Permanently installed in or upon the 2) A partner, if you are a partnership, covered "auto" in a housing, opening or 3) A member. if you are a limited liability other location that is not normally used by company; or the "auto" manufacturer for the installation of such equipment; 4) An executive officer or insurance manager, if 2) Removable from a permanently installed you are a corporation housing unit as described in Paragraph 14. UNINTENTIONAL FAILURE TO DISCLOSE 2.a. above or is an integral part of that HAZARDS equipment, or If you unintentionally fail to disclose any hazards 3)An integral part of such equipment existing at the inception date of your policy, we will not deny coverage under this Coverage Form c. For each covered "auto", should loss be because of such failure limited to electronic equipment only. our obligation to pay for, repair return or replace 15. HIRED AUTO -COVERAGE TERRITORY damaged or stolen electronic equipment will SECTION IV, BUSINESS AUTO CONDITIONS, be reduced by the applicable deductible PARAGRAPH B. GENERAL CONDITIONS, 7 - shown in the Declarations, or $250. whichever POLICY PERIOD, COVERAGE TERRITORY - is deductible is less added to include the following 10. EXTRA EXPENSE - BROADENED COVERAGE 6) For short-term hired "autos", the coverage Under Paragraph A - COVERAGE - of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered insured's" responsibility to pay damages for auto" to you bodily injury" or "property damage" is 11. GLASS REPAIR -WAIVER OF DEDUCTIBLE determined in a "suit," the "suit" is brought in the United States of America, the territories Under Paragraph D - DEDUCTIBLE - of and possessions of the United States of SECTION III - PHYSICAL DAMAGE COVERAGE. America, Puerto Rico or Canada or in a the following is added settlement we agree to No deductible applies to glass damage if the glass 16. WAIVER OF SUBROGATION is repaired rather than replaced Paragraph 5 TRANSFER OF RIGHTS OF 12. TWO OR MORE DEDUCTIBLES RECOVERY AGAINST OTHERS TO US - of Under Paragraph D - DEDUCTIBLE - of SECTION IV - BUSINESS AUTO CONDITIONS SECTION III - PHYSICAL DAMAGE COVERAGE A Loss Conditions is amended by adding the the following is added following. If another Hartford Financial Services Group. Inc We waive any right of recovery we may have company policy or coverage form that is not an against any person or organization with whom you automobile policy or coverage form applies to the have a written contract that requires such waiver same "accident". the following applies: because of payments we make for damages 11 If the deductible under this Business Auto under this Coverage Form Coverage Form is the smaller (or smallest) 17. RESULTANT MENTAL ANGUISH COVERAGE deductible. it will be waived. The definition of "bodily injury" in SECTION V- 2) If the deductible under this Business Auto DEFINITIONS, C is replaced by the following. Coverage Form is not the smaller (or Bodily injury" means bodily injury, sickness or smallest) deductible, it will be reduced by the disease sustained by any person, including amount of the smaller (or smallest) mental anguish or death resulting from any of deductible these 13. AMENDED DUTIES IN THE EVENT OF 18. EXTENDED CANCELLATION CONDITION ACCIDENT, CLAIM, SUIT OR LOSS Paragraph 2. of the COMMON POLICY The requirement in LOSS CONDITIONS 2.a - CONDITIONS - CANCELLATION - applies except DUTIES IN THE EVENT OF ACCIDENT. CLAIM. as follows: SUIT OR LOSS - of SECTION IV - BUSINESS If we cancel for any reason other thanAUTOCONDITIONSthatyoumustnotifyusofan nonpayment of premium, we will mail or deliver toaccident" applies only when the "accident" is the first Named Insured written notice ofknownto: cancellation at least 60 days before the effective 1) You, if you are an individual; date of cancellation Page 4 of 5 Form HA 99 16 12 21 84WEGIO1370 03/31/2024 BHC Consultants.LLC 1601 5th Avenue.Suite 500 Seattle.WA 98101 t' J 03/31/2025