Loading...
HomeMy WebLinkAboutCONSENT BHC Consultant Amend 3 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of Commissioners Josh Peters, County Administrator FROM: Chelsea Pronovost,Administrative Services Manager, DCD Jeremy Williammee, Director, DCD DATE: April 27, 2026 RE: Contract supplemental 3 for on-call Building Services Consultant(PSA) STATEMENT OF ISSUE: The Department of Community Development(DCD)has received a proposed contract amendment from BHC to update their fee schedule and review timelines for on-call plan review, inspection, and Building Official services. While these services have historically supported reduced departmental capacity, DCD has recently increased its ability to perform plan review in- house. As a result, the use of third-party review services is expected to decrease, with BHC continuing to serve in a supplemental,on-call role as needed. ANALYSIS: DCD has recently developed in-house plan review capacity, supported by a staff member who has achieved Plans Examiner certification. This added capacity is expected to positively impact revenue retention and reduce reliance on third-party review services. However, due to workload variability and the breadth of responsibilities assigned to existing staff,the department may still require outside plan review and Building Official services on an as-needed basis. The proposed amendment reflects updates initiated by BHC, including adjustments to their fee structure and review timelines. While certain rates are increasing, DCD anticipates minimal overall impact due to the reduced volume of work expected to be routed to external review. There is no change to the existing contract's not-to-exceed amount of$175,000, as established under Supplement No. 2. Remaining contract capacity is sufficient to support anticipated needs. FISCAL IMPACT: These services continue to be funded through building permit fees and do not require General Fund support. With increased in-house plan review capacity, DCD expects to retain a greater share of plan review revenue, reducing reliance on contracted services. While the proposed amendment includes increases to BHC's fee structure, the anticipated reduction in externally routed reviews is expected to limit the overall fiscal impact. Contracted services will continue to be used on an as-needed basis,with remaining plan review fees supporting administrative functions such as permit routing,consultant coordination, and case management. There is no change to the existing contract's not-to-exceed amount. RECOMMENDATION: DCD recommends Board approval of Supplement No. 3 to the Professional Services Agreement with BHC to update fee schedules and review timelines, and to maintain on-call support for plan review, inspection,and Building Official services as needed. REVIEWED BY: 11 -a-4gh, Josh. Peters, County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: BHC Consultants LLC Contract No: 2023-DCD-BHC SUPP 3 Contract For: On-Call Building Services Consultant berm: 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: $175.000 PROCESS: ^ Exempt from Bid Process Revenue: $175,000 Cooperative Purchase Expenditure: $175,000 _._.. 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 COMP ANC WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A:n ( /1 t6 ,C gnature ate 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: El N/A: ❑ �/�'� '?? ignature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 4/17/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 4/16/2026. Reviewed and approved by JBL on 04-16-2026 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 1 Organization and Address Supplemental :lgrcement Number 3 BHC Consultants LLC 950 Pacifica Ave. STE 905 Tacoma, WA 98402 Agreement Number 2023DCn-BHC Phone (360)227-9643 Project Title Professional Services Agreement for On-Call Original Contract Current Contract Estimated Contract Review,Inspection & Building Official Services Not to Exceed: Balance: Supplement: $175,000 $95,907.45 N/A Description Supplement No.3 to the Professional Services Agreement for on-call review, inspection,and Building Official services primarily updates BHC's review timeframes(Exhibit A,Section 2(H)),lump sum fees(Exhibit A, Section 3),and adds their hourly labor rate schedule(Exhibit B). Re-review timelines for single-family homes are reduced to 7 working days,and initial commercial plan reviews are set at 15-30 working days.The supplement also increases BHC's lump sum plan review rates,representing an overall increase of approximately 3%-10%, depending on the project,and raises the partial plan review rate from 50%to 75%of the collected plan review fee. The Local Agency of Jefferson County desires to supplement the agreement entered into with BHC Consultants LLC ,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,and supplementals 1 and 2 remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Exhibit A,Section 2,Process,Subsection H is hereby changed to read as follows: BHC will conduct the initial review,request revisions or additional information,and will either indicate compliance or non-compliance with the code(s)against which it was checked and notify the County. If the plans are still not as required, the County,or BHC at the direction of the County,will contact the applicant with additional revision requests within the time frames specified below unless negotiated otherwise: Project Type* Initial Review Re-Review Single-Family 10 working days 7 working days Multi-Family 15 -20 working days 10 working days Commercial 15 - 30 working days 15 working days *Timelines are subject to change related to applicable County rules,regulations and RCWs as amended and as mutually agreed upon. Section 3,Plan Review Fees, is hereby changed to read as follows: Lump Sum/Fixed Fee Percentage of Plan Review Fee Collected by the Commercial and Multi-Family Projects County Valuation<$2,000,000 Valuation$2,000,000 To $5,000,000 Full Plan Review 78% 72% Page I of 3 t Partial Plan Review 70% 60% (structural only or non-structural only) Valuation $5,000,001 to Valuation S10,000,001 and up $10,000,000 Full Plan Review 65% 55% Partial Plan Review (structural only or non-structural only) 50% 40% New Single-Family Projects Full Plan Review 80%of Plan Review Fee Partial Plan Review (structural only or non-structural only) 75%of Plan Review Fee Exhibit B,Labor Rate Schedule,changes the previous labor rate schedule to the following: Classification Hourly Rate Building Inspector,Combination $160 Building Official / Inspections(Director/Assistant Manager) $220 Plans Examiner—non-structural $190 Fire Code and Sprinkler(FPE) Review $180 Structural Plan Review(QA/QC) $270 Senior Structural Plan Review(Senior Engineer) $260 Structural Plan Review(Staff Engineer) $100 Electrical Plan Review(QA%QC) $270 Electrical Plan Review(Senior Engineer) $255 Electrical Plan Review(Staff Engineer) $190 Electrical Plans Examiner(not Engineer) $170 Electrical Inspector $160 Civil/Site Plan Review(QA/QC) $270 Civil/Site Plan Review(Senior Engineer) $260 Civil/Site Plan Review(Staff Engineer) $1N90 Civil/Site Inspector(Professional Engineer) $180 Civil/Site Inspector $170 Administration Assistance $140 *Labor rates will be adjusted annually on January 1* Page 2 of 3 I 1 Signatures indicate agreement to the changes as stated in this Supplement #3 to the Professional Services Contract for On Call Plan review and Inspection Services. DATED this day of 2024. JEFFERSON COUNTY WASHINGTON BHC Consultants LLC. Board of County Commissioners Jefferson County, Washington By: By: Greg Brotherton, Chair By: Title: Heidi Eisenhour, Commissioner By: Date: Heather Dudley-Nollette, Commissioner SEAL: ATTEST: Carolyn Gallaway, CMC Date Clerk of the Board Approved as to form only: 4-16-2026 J emiah Luther Date Deputy Prosecuting Attorney Page 3 of 3 EXHIBIT A SCOPE OF SERVICES Jefferson County Building Code Compliance On-Call Full Services 1. Plan Review Jefferson County(County)will determine which plans and building permit applications will be reviewed by BHC Consultants, LLC(BHC). BHC will review such plans submitted with building permit applications for structural and non-structural code compliance in accordance with the currently adopted construction codes and as amended by the State of Washington and the County, except that BHC will confer with the County Building Official and/or their agent on any portion of the review that specifically requires the approval of the Building Official as specified in the code(s). A. The services to be performed by BHC shall be specified in a Letter of Authorization issued by the County for each set of plans and permit application. B. BHC will not design for applicants, make any structural changes on the plans,or make any changes that directly contradict other information on the plans. C. Reviews shall be conducted by BHC and under direction of BHC staff and subconsultants. D. If corrections, revisions, or additions are required, BHC will write a comment letter addressed to the applicant. The County. or BHC at the direction of the County. will provide the comment letter, along with any additional County requirements to the applicant. The comment letter will indicate to the applicant that they are required to submit the corrections. revisions,or additions once addressed, to BHC per the submittal requirements and/or guideline checklists for the permit type under review. E. When the plans and applications are consistent with the County codes and standards, BHC will indicate that the plans and applications have been reviewed and found to be in substantial compliance with applicable construction codes and ordinances. The reviewer's name and date of compliance will be affixed to each sheet of the required electronic submittal documents. In the event electronic submittal documents are not available, up to two(2) sets of drawings(as provided by the applicant) including the cover sheet, will be stamped in the same manner and provided back to the County. F. Full plan reviews will include structural, non-structural, accessibility, energy, and ventilation requirements as applicable. Partial plan reviews will be indicated herein as either structural or non- structural or as mutually agreed upon. Initial reviews shall be within the timelines identified in Section 2 below. 2. Process A. The County reserves the right to determine the process and method of work by BHC. At its sole discretion, the County will determine if it wishes to contract with BHC on a time and materials basis or a percentage basis and as mutually agreed upon by the County and BHC. Labor rates for time and materials basis are shown in Exhibit B. Jefferson County On-Call Full Services February 2026 1 bhcconsultants.com B. Work will not be initiated until a signed contract,task order, or work order has been received by BHC. C. The County will notify BHC in writing which plans and applications are to be reviewed by BHC. D. The County will intake, track, and process the permit applications and all revisions per current building and permit administration procedures through in-house platforms. BHC will conduct its services on electronic plans and applications, unless otherwise specified by the County. E. Electronic application submittal, review, and approval will be coordinated by the County through the County platform. BHC will identify its staff who will have user access to and participate in the County platform.All submittal materials from applicants shall be PDF or other compatible file type to perform electronic review. F. For transmission of application materials received through the County's in-house platform, electronic files between the County and BHC will be via a file transfer method such as a SharePoint file link, FTP link, cloud-based file link or similar. BHC utilizes a SharePoint system and can provide the means of file transfer. The County application materials will generally be available within the County's in-house platform and will not require file transfer from BHC back to the County. BHC will perform reviews and coordination using Bluebeam Revu, PDFs, and Microsoft Word documents. Email file transmission may be used at the discretion of BHC and County staff. G. For transportation of non-electronic documents(paper copies), the County will be responsible for the transportation and costs associated with providing BHC the documents and the return of the permit review documents back to the County. H. BHC will conduct the initial review, request revisions or additional information, and will either indicate compliance or non-compliance with the code(s) against which it was checked and notify the County. If the plans are still not as required, the County, or BHC at the direction of the County, will contact the applicant with additional revision requests within the time frames specified below unless negotiated otherwise: Project Type* Initial Review Re-Review Single-Family 10 working days 7 working days Multi-Family 15-20 working days 10 working days Commercial 15-30 working days 15 working days *Timelines are subject to change related to applicable County rules.regulations and RCWs as amended and as mutually agreed upon I. The review timelines set forth above may be revised for any given project, upon written consent of both the County and BHC. 3. Plan Review Fees The following fee determination criteria is intended to include the review of plans sent to BHC for review and approval. The reviews will typically be for new construction, substantial remodel, and alterations of both residential and commercial structures. Incidental over-the-counter plan review performed by BHC staff while on-site at the County will be included as part of the daily tasks performed at the hourly rate identified in the Labor Rate Schedule. Jefferson County On-Call Full Services February 2026 2 bhcconsultants.corn LUMP SUM: The County shall pay BHC a lump-sum fee for performing an initial review and one(1) recheck for each project. The fee shall be based on a percentage of the plan review fee as tabulated below or as mutually agreed upon between the County and BHC. The plan review fee shall be based on the fees charged by County resolution. At the request of the County and in concurrence by BHC, 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 fee" rates: Lump Sum/Fixed Fee Percentage of Plan Review Commercial and Multi-Family Projects Fee Collected by the County Valuation < $2,000,000 Valuation $2,000,000 To$5,000,000 Full Plan Review 78% 72% Partial Plan Review 70% 60% (structural only or non-structural only) Valuation $5,000,001 to Valuation $10,000,001 $10,000,000 _ and up Full Plan Review 65°%o 55% Partial Plan Review 50% 40% (structural only or non-structural only) New Single-Family Projects Full Plan Review 80%of Plan Review Fee Partial Plan Review 75%of Plan Review Fee (structural only or non-structural only) A. Non-Residential: (Commercial and Multi-Family Projects) i. Full Plan Review: Includes structural, non-structural Fire and Life Safety, Mechanical(IMC), Plumbing(UPC), Barrier Free ADA accessibility, State Energy Code, and applicable items in the County's Municipal Code when issued as a part of a combination building permit. ii. Partial Plan Review: Will consist of one(1)of the following: • International Building Code(IBC) non-structural Fire and Life Safety including Mechanical/Plumbing. Barrier Free ADA accessibility, and State Energy Code, when issued as a part of a combination building permit. -OR- • IBC Structural ONLY. iii. Mechanical/Plumbing: (issued as a separate permit or deferred submittal) Will be charged hourly at the Plan Review rate as identified in the Labor Rate Schedule, Jefferson County On-Call Full Services February 2026 3 bhcconsultants.com iv. Electrical Plan Review Will be charged hourly at the Electrical Plan Review rate as identified in the Labor Rate Schedule. v. Small Works Projects: Will be charged hourly at the Plan Review rate as identified in the Labor Rate Schedule. (i.e., signage, pole sign, billboard, cell tower, retaining wall, dock, garbage enclosure, envelope change, bridge, small interior remodel /TI, mezzanine add or alteration,fire damage, misc. repairs, re-roof, etc.) BHC will coordinate at the time of intake of the project if the project falls within this category. vi. Civil/Site Plan Review: Will be charged hourly at the Civil/Site Plan Review rate as identified in the Labor Rate Schedule. When substantial revisions occur to previously reviewed and/or approved plans, additional fees shall be charged at the hourly rates shown in Labor Rate Schedule. vii. Fire Code,Fire Sprinkler, Fire Alarm: Will be charged hourly at the Fire Code and Sprinkler(FPE) Review rate as identified in the Labor Rate Schedule. B. Residential: (New Single-Family Projects) i. Full Plan Review: Includes structural, non-structural Fire and Life Safety, Mechanical, Plumbing, State Energy Code, and applicable items in the County's Municipal Code, when issued as a part of a combination building permit. ii. Partial Plan Review: Will consist of one(1)of the following: • International Residential Code(IRC) non-structural Fire and Life Safety including Mechanical/Plumbing, and State Energy code when issued as a part of a combination building permit -OR- • IRC/ IBC Structural ONLY. iii. Small Works Projects: Will be charged hourly at the Plan Review rate as identified in the Labor Rate Schedule. (i.e., remodel, addition,deck, porch. small garage, accessory buildings(non-ADU),car port, retaining walls, dock,envelope change, kitchen or bath remodel, garage conversion,fire damage, misc. repairs, re-roof,etc.) BHC will coordinate at the time of intake of the project if the project falls within this category. C. Exhibit B Labor Rate Schedule will be utilized for all hourly fees unless negotiated otherwise between BHC and the County. D. Lump Sum/Fixed Fee plan review includes the initial plan review plus one(1) 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. Jefferson County On-Call Full Services February 2026 4 bhcconsultants.com E. All reviews beyond the initial plan review fee and recheck as identified above due to non-responded items or otherwise, shall have additional fees charged at the hourly rates identified in the Labor Rate Schedule F. 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 shall 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. G. A joint BHC plan review and County split review option may be negotiated prior to the start of the plan review. 4. Building Inspection Services BHC will provide a certified building inspector,certified building official,or certified electrical inspector(for electrical inspections only)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(1)or more of the following inspection tasks: 1. Non-structural fire and life safety inspections 2. Structural inspections 3. Energy code inspections 4. Barrier Free ADA inspections 5. Mechanical and Plumbing inspections 6. Electrical inspections (if applicable) Additional service may be provided when requested: 1. Fire protection, sprinkler, and alarm review 2. Site civil and drainage review B. Inspector will provide building inspections in accordance with the currently adopted International Codes, Washington State Building Code(Washington Administrative Code [WAC] 51-50 and 51-51). and Energy Code(WAC 51-11), and the applicable County Building Codes. except that inspector will confer with the County Building Official or their 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. C. Inspections will be carried out in accordance with 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 County 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. Jefferson County On-Call Full Services February 2026 5 bhcconsultants.com D. Exhibit B Labor Rate Schedule will be utilized for all hourly fees unless negotiated otherwise between BHC and the County. The County shall guarantee a minimum of four(4)hours of inspection work each day inspection services are provided. Inspection time is calculated from portal to portal as further explained below. 5. Additional Services Required A. BHC will act as the County's Building Official on an as-needed basis for services including code interpretation and administrative needs such as ordinance review at the hourly rates identified in the Labor Rate Schedule. B. 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. C. 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, fire protection/alarm details, etc.)will be charged at the hourly rates identified in the Labor Rate Schedule. D. Revisions to plans that require additional plan review will be charged at the hourly rates identified in the Labor Rate Schedule. E. Addendums to approved plans that require additional plan review will 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 will be charged at the hourly rates identified in the Labor Rate Schedule. G. Separate Fire Code, Fire Sprinkler, Fire Alarm, and when not part of the full plan review, mechanical and plumbing reviews when requested by the County, will be charged at the hourly rates identified in the Labor Rate Schedule. 6. Additional Terms A. All other review services and plan reviews in excess of two(2)(the initial review plus one(1) re-check)shall be paid on a time-and-materials 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 BHC on a time-and-materials 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 most current ICC publication and 1997 UBC standards of practice. The plan review fee will be determined by the County, and the proposed plan review fee amount shall be submitted to BHC with each plan review submitted for review and approval. 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 review shall constitute an earned fee for both the County and BHC. Each statement will include the permit application number and applicant name or permit name of the plans reviewed with the fee. E. The County shall have the right to withhold payment to BHC for any work not completed in a satisfactory manner until such time that BHC modifies such work to the satisfaction of the County. Jefferson County On-Call Full Services February 2026 6 bhcconsultants.com F. The County may elect to review the contract with BHC on an annual basis, which may include but not limited to negotiation of services, renewal of services, contract cancelation, or contract renewal. The Labor Rate Schedule will be adjusted annually. G. Hours charged will be portal to portal from inspector's, examiner's or building official's residence or the Tacoma(Seattle or Bellingham)office, whichever is less, to the site. H. All mileage included by BHC will be reimbursed at the most current IRS rate at the time of service. I. BHC staffs 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 be at 150%of the rates shown above. J. This Labor Rate Schedule is effective as of January 1, 2026. BHC will adjust rates annually at the start of each new year. Jefferson County On-Call Full Services February 2026 7 bhcconsultants.com EXHIBIT B LABOR RATE SCHEDULE Classification Hourly Rate Building Inspector,Combination $160 Building Official/Inspections(Director/Assistant Manager) $220 Plans Examiner—non-structural $190 Fire Code and Sprinkler(FPE) Review $180 Structural Plan Review(QA/QC) $270 Senior Structural Plan Review(Senior Engineer) $260 Structural Plan Review(Staff Engineer) $190 Electrical Plan Review(QA/QC) $270 Electrical Plan Review(Senior Engineer) $255 Electrical Plan Review(Staff Engineer) $190 Electrical Plans Examiner(not Engineer) $170 Electrical Inspector $160 Civil/Site Plan Review(QA/QC) $270 Civil/Site Plan Review(Senior Engineer) $260 Civil/Site Plan Review(Staff Engineer) $190 Civil/Site Inspector(Professional Engineer) $180 Civil/Site Inspector $170 Administration Assistance $140 *Labor rates will be adjusted annually on January 1' Jefferson County On-Call Full Services February 2026 8 bhcconsultants.com 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 l itle .)riginal Contract Current Contract I stimated Contract Professional Services Agreement for On Call Not to Exceed: Balance: Supplement: Review, Inspection & Building Official Services •°°° S1755.79 S115.000 Description Supplement No.2 to Professional Services Agreement for On Call Review, Inspection Services and Building Official Services, would add S 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 S 175,000. Note:Original contract Not to Exceed amount above includes Supplement No. I. 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(hi call Plan review. Inspection services and Building(.ficial. 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 2.Scone of tier ices. 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. Pay ment, paragraph 4.a. is hereby changed to read as follows: a.Paxment 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 S 175.000 w ithout the express written 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,2Y day of As V 4 2025. JEFFERSON COUNTY WASHINGTON BHC Consultants LLC. Board of County Commissioners Jeffe County.Washington 1 f leidi [is our.Chair Title President ►;`• othenon, 'o issio er I►u,, 12/8/2025 B ey-Nollette. t ,nnmissioner "�F '�,\SSIo .G7j/. SEAL: ` cr) SEAL ATTEST: eg CI (a...,c, (z Y/ZcCaroly .Ilaway.CMC lli Date Clerk , e Board Approved as to fh►rm only: ihi Il for 11/13/2025 ilip C.Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page 2 of 2 Organization and Address Supplemental 1greement Number I WIC Consultants LLC 950 Pacifica Ave. STE 905 — Tacoma. WA 98402 Agreement Number 2023DCD•BHC Project Number i'Ixne (360 1227-9643 Project title Contract Current Contract Estimated Contract Professional Seri ices Agreement for riginal f to Exceed. Balance supplement Comprehensive Plan Periodic Review S30.000 S6.045 S30,000 Description Supplement No. I to Professional tiers ices \grcentent for On Call Review and Inspection Services is appended with: (1)"F'shibit C 2023-Supplement"adding S30.000 to the contract amount with a new not to Exceed amount of$60.000. The I ocal Altene of Jefl'erson_C:ounts desires to supplement the agreement entered into with _._..- BHC'Cjonsuft nta and executed on .august 2_I,2(I23 and identified as Agreement No. 2023 [X'D-BHC Pnnfecthm,/S rri et Contrc ar On call Phu,revien and Inspection services All provisions in the basic Professional Sen ices Contract.dated August 21.2023 as amended by remain in effect except as cspressly modified by this supplement. I he changes to the agreement are described as follows: I Section 4.pa.ment. paragraph 4.a is hereby changed to reati .is follows a.Payment for the work prosrdee)h\ ( onsultant shall be tnadc as pros'Jed on Exhibit H attached hereto. prosrded that the total amount fpascncnt to l onsultant shall not esceed $60,000 without the esprc.s written midi tication of ns \greement signed hs the l oounts sammanamiir II Signatures indicate agreement to the changes as stated in this Supplement tt l to the Professional 'er1 i.e. Contract for On('all Plan rev icy* and Inspection Services 411.6r2024 DATED this day of BHC Consultants LLC. ('Ot'NTY OF JEFFERSON Consultant f BOARD OF COMMISSIONERS ore% . :40' _ ilen‘fe.i tikair (1\i — sultaant g s. inature prepperosi - La De te an. hair / Date et. Eise vur. Member �— — 411k VD =3ro rt&n. 'Member Approved as to form only this ___ da) of August 2024 Wes' Philip C. Hunalher Chief Civil Ikhlii‘ {'no,ecuting Attorney Pate _of ORIGINAL 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. I. Project Designation. The Contractor is retained by the County to perform the following Project:On Call Review and Inspection Services. 2. Scone of Services. 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 1 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 $30,000 without express written modification of this Agreement signed by the County. b. Invoices must be submitted by the 15`h 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 timesheets and statements (specifying the services provided). Page 1 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. 5. 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 service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W.4.24.115 and was subject of mutual negotiation. 8. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of 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 $500,000 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($1,000,000)per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: 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 $1,000,000 Each Claim and $2,000,000 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 for a 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) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Community Development Department62l 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. i. 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 provisions of this 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. All 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. 10. Independent Contractor. The 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 virtue of the services provided under this Agreement, including, but not limited to: retirement, vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County employees. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 1 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 ofa 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. The 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 giving 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 termination. 17. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County 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 be 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 attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. Page 8 of 22 2 I. 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 Any Waiver of Default. No consent by either party to,or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 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-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 28. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. 29. Facsimile and Electronic Signatures. 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, with the assistance and advice of competent, independent legal counsel. 3I. 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 Public 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 I 0 of 22 SIGNATURE PAGE JEFFER N COUNTY BO C SSIONERS BHC Consultants,LLC -J2/43 Name of the Contractor g herton.Chair Cameron Ochiltree Approved Telephonically Contractor Representative (Please print) Kat 't an,Member ow.,+9^b by cam,ren Oclvltrw ' Cameron Ochittree 04Y 2023 0803 14 M 16-0TOO (Signature) H di ' senhour,Member Executive Vice President Title August 3,2023 „4�li„.,, �•`�F�RSOty Date �.•`� �, SEAL: L . a o' 41, rvASHoN 40 MMMwSNM ATTEST: ('a SjauW� Carolyn Galloway,CMC DATE $I LI/L'>' Clerk of the Board Approved as tp form ()Illy: Philip C. Hunsucker DATE: August 16, 2023 Chief Civil Deputy Prosecuting Attorney Page 1 I of 22 EXHIBIT "A" Jefferson County On Call Building And Fire Marshal Services SCOPE OF SERVICES 1. 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 JCC 15.05.030, which adopts the International and Uniform Codes adopted by the State of Washington, with exceptions, in Chapter 51-I1 (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. C. 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. E. 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 reviews 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 staff 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 .tiff). 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 Liquidfiles 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* Initial Review Re-Review Single-Family 10 working days(2 weeks) 10 working days (I — 2 weeks) 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) *These timelines are subject to changes to applicable County rules and regulations and RCW 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. 1. 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 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. 4. Additional Services Required 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 Labor 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. H. 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. J. 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. L. 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 staff's 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 1, 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 tees are outlined in JCC 15.05.030(I ) adopts the International Building Code, with exceptions, in Chapter 5I-50 WAC, using the metric provided by the ICC Building Evaluation Table below. Fee TIPP Fee Attmtttt D.GENERAL REQUIREMENTS FOR ALL CONSTRIX110.141EUITED FERMIS Building Permit fees shah be based upon valuation The valuation shag be determined by the Building Official.For most Vote( the square footage costs in the most current Building Valuation Data Table published by the international Code Council(ICC) may be employed. For projects not covered by the table construction estimation tools such as Construction Cost Data by R.5 Means or the BNI Construction Cosrbook may be referenced as a guide Administrative Fee•Includes a technology fee equal to 2%of the total building permit cost Permit fees shall be calculated from valuation in the following manner. Valuation Corresponding Permit Fee SO 5500 $30 00 $501 •$2,000 $30.00 for the first$500.00 Plus$4 00 for each additional$100 or traction thereof,to and including$2,000. $2,001 -525,000 590 00 for the first 52.000 00 plus$17.50 for each additional 51.000 or fraction thereof,to and including 525.000 S25,001 -550,000 5492 50 for the first$25,000.00 plus 512.50 for each additional$1,000 or fraction thereof,to and including 550,000. 550,001 -5100,000 $805 00 for the first$50,000.00 plus$9 00 for each additional$1,000 or fraction thereof,to and including$100,000. 5100,001 -$500,000 51,255 00 for the first 5100,000 00 plus 57 25 for each additional$1,000 or fraction thereof,to and.ncludi g$500,000. 5500,001 - 51,000,000 54.155.00 for the first 5500.000.00 plus$6.00 for each additional$1,000 or fraction thereof, to and Including 51,000,000. 51,000,001 -$5,000,000 57,155 00 for the first 51,000,000.00 plus 54 00 for each additional 51,000.00 or fraction thereof, to an including$5,000,000. 55,000,001 and up 523.155 00 for the first$5.000.000 00 plus 53 00 for each additional$1,000.00 or fraction thereof Page I7of22 LABOR RATE SCHEDULE Classification Hourly Rate Principal Consultant(Sr. Plans Examiner or B.O.) $160 Combination Building Inspector $92 Plans Examiner 1 —non-structural $150 Structural P.E. $195 Administration/Clerical Assistance $75 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 review and approval. The reviews will typically be for new construction, substantial remodel, and alterations of both residential and commercial structures. Incidental over-the-counter plan review performed by Consultant staff while on-site at the County will be included as part of tasks performed upon request at the hourly rate identified in the Labor Rate Schedule. LUMP SUM: The County shall pay Consultant a lump-sum fee for performing an initial review and one recheck for each project. The fee shall be based on a percentage of the plan review fee 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 fee" rates: Commercial and Multi-Family Projects Percentage of Plan Review Fee Valuation <$2,000,000 Valuation $2,000,000 To$5,000,000 Complete Plan Review 75% 70% Partial Plan Review 60% 50% (structural only or nonstructural only) Valuation $5,000,001 to Valuation $10,000,001 $10,000,000 and up Complete Plan Review 60% 50% Partial Plan Review 40% 35% (structural only or nonstructural only) ,Cinele Family Projects 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 Dwelling) 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: B. 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 19 of 22 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 ail hourly fees 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$250 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 SI-I 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 deferred 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 be charged 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 review 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 review 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 reviewed 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 will 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 be at l 50%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