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HomeMy WebLinkAboutCONSENT Habitat for Humanity 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: May 18, 2026 RE: Large Project Agreement to Establish Repetitive Build Program STATEMENT OF ISSUE: The Department of Community Development(DCD)seeks Board approval of an agreement between Jefferson County and Habitat for Humanity of East Jefferson County (Habitat)to support review and processing of building permit applications for the Mason Street Neighborhood development and to develop a repetitive build program for qualifying affordable housing projects(Consent Agenda Request Attachment 1). Habitat has requested early plan review and creation of a repetitive build program to streamline construction and support predictable fee planning for Mason Street. The agreement establishes roles, responsibilities,and cost-recovery mechanisms between the parties. ANALYSIS: Habitat for Humanity is developing the Mason Street Neighborhood, a large mixed-income housing project containing 136 homes and two adult family homes, to serve households between 40%and 150%of Area Median Income. To facilitate construction planning,Habitat has asked DCD to begin reviewing six base plan sets in advance of final plat approval and prior to permit application. Habitat and DCD have also agreed to develop a repetitive build program, allowing approved base plans to be reused multiple times during the Mason Street buildout. The DCD Director, acting as the lead director under JCC 3.80.060, has designated MSN as a"large project," allowing alternative permit processing structures and supporting development of the envisioned repetitive build program. Because developing a repetitive build program requires technical analysis, software configuration,and policy development beyond current staffing resources, DCD will task BHC Consultants, through the County's existing on-call Building Services contract(Consent Agenda Request Attachment 2),to assist with plan review and program development. The agreement provides that Habitat will fund this work through a$12,500 retainer and ongoing reimbursement for BHC's time and materials. Retainer management,cost notifications, and limits on work without authorization are included to ensure transparency and fiscal control. This agreement does not authorize issuance of building permits before final plat approval; it only authorizes plan review and development of the repetitive build program. No General Fund support is required,and Habitat's reimbursement obligations terminate once the repetitive build program is presented or if Habitat withdraws the request. In addition to benefiting the Mason Street Neighborhood development directly, the resulting repetitive build program will be a new tool that can be made available to other affordable housing developers in the County. FISCAL IMPACT: There is no General Fund impact. All costs associated with BHC's plan review and development of the repetitive build program will be funded by Habitat through a$12,500 retainer and reimbursement of actual billed expenses. DCD will invoice Habitat monthly and will not incur costs beyond the retainer without written authorization. Any unspent retainer funds will be refunded. This agreement does not change any existing contract not-to-exceed amounts with BHC. RECOMMENDATION: DCD recommends that the Board approve the Agreement between Jefferson County and Habitat for Humanity of East Jefferson County to support early plan review for the Mason Street Neighborhood project and to establish a repetitive build program for qualifying affordable housing projects. REVIEWED BY: At.:_ it !► 5 /( I,? Jo.41 D. Peters, County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Habitat for Humanity of East Jefferson County Contract No: DCD-HEJC LPA 2026 Contract For: Large Project Agreement Term: N/A COUNTY DEPARTMENT: Department of Community Development Contact Person: Chelsea Pronovost Contact Phone: 360-379-4494 Contact email: CPronovostt co.jefferson.wa.us AMOUNT: $12,500 PROCESS: — Exempt from Bid Process Revenue: $12,50o Cooperative Purchase Expenditure: $12.500 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund# RFP or RFQ Munis Org/Obj I Other:Agreement APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: �■ N/A:fl t�.�/'`' 5/8/2026 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: D 5/8/2026 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/14/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/14/2026. For this agreement, there was a collabertive drafting process between DCD and the PAO. 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 CONSENT AGENDA REQUEST ATTACHMENT 1 Proposed Large Project Agreement LARGE PROJECT AGREEMENT BETWEEN JEFFERSON COUNTY AND HABITAT FOR HUMANITY OF EAST JEFFERSON COUNTY This agreement("Agreement")is entered into this day of ,2026,between Jefferson County ("County") and Habitat for Humanity of East Jefferson County, a Washington nonprofit corporation(UBI Number: 601 850 143, "HEJC"). 1. Introduction The parties enter into this Agreement to support the review and processing of building permit applications associated with the Mason Street Neighborhood housing development ("MSN") and to facilitate the establishment of a repetitive build program for qualifying affordable housing projects in Jefferson County, as requested by HEJC. 2. Recitals 2.1 The County supports middle housing development that prioritizes affordability. 2.2 HEJC has received preliminary plat approval for MSN, a unit lot subdivision intended to establish a mixed-income community. The approved preliminary plat for MSN includes 24 duplexes and 22 fourplexes,totaling 136 homes,along with two 6-bedroom adult family homes. The preliminary plat (to be finalized in 3 phases) requires installation of utilities, roadways, shared parking areas and open space improvements. 2.3 MSN will serve Jefferson County residents earning between 40% and 150% of Area Median Income and is the first project to feature HEJC's Extended Program, providing affordable homeownership opportunities up to 150% of Area Median Income. 2.4 To streamline construction planning, HEJC has requested the Jefferson County Department of Community Development ("DCD") begin reviewing building permit applications prior to final plat approval and prior to application for any building permit. 2.5 MSN's current scope includes six plan sets: one group home, two duplex types, and three fourplex types. HEJC intends to use only these plan sets for the full build out of MSN. 2.6 Despite that HEJC has not applied for any building permit,would like to be able to plan for funding for its buildout of MSN. Accordingly, HEJC has requested that the County consider establishing a repetitive build program, allowing base residential plan sets to be reviewed once per building code cycle and reused multiple times. This process is intended to reduce review time and allow for reasonable permit fee reductions. 2.7 Building permit fees are authorized under title 15 of the Jefferson County Code("JCC") and chapter 3.80 JCC. 2.8 Large projects are not subject to the provisions of JCC 15.05.025, which governs how residential building permit fees are determined. Page 1 of 4 2.9 The DCD director, acting as the lead director under JCC 3.80.060, has designated MSN as a large project, for,among other reasons,to allow for use of repetitive build program for MSN. 2.10 The large project designation is based on the complexity of MSN's permitting structure, which ties an occupancy permit to each dwelling unit rather than the associated structures,the need for close coordination of multiple partners,the potential use of third- party reviewers,and the potential need to establish a repetitive build program to support affordable housing development. 2.11 HEJC acknowledges that the County has initiated development of a repetitive build program at its request. Establishing such a program typically requires fee analysis,code review and revisions, development of policy options for reduced or at-cost fees, preparation of supporting materials and legislative action, and configuration of permitting software workflows to support implementation. 2.12 Completing the research and public adoption process for repetitive build program will require technical services and resources not currently available within County staffing. 2.13 HEJC has expressed its desire to support DCD in adopting a formal repetitive build program, which may pave the way for county-wide use. HEJC will benefit from any reduced fee structure in a repetitive build program applied to the MSN permit applications. Accordingly, HEJC has agreed to provide funding for the development of a formal repetitive build program for the County that HEJC could use for MSN. 3. Obligations of the Parties 3.1 DCD shall accept the sample building plan sets from HEJC and begin review. No building permits will be issued prior to final plat approval, unless otherwise and separately agreed to by DCD.At no time will occupancy permits be issued prior to final plat approval. 3.2 DCD shall task BHC Consultants (UBI Number: 602 774 584, "BHC") under BHC's August 21, 2023 contract, as amended April 30, 2026, with the County on a time and materials basis to perform the work necessary to review the sample building plans from HEJC and develop a repetitive building process for MSN permit applications. The April 30, 2026 BHC Consultants supplemental agreement is attached as Appendix A. 3.3 Based on the work performed by BHC Consultants, DCD shall present to HEJC with proposed a repetitive build program, allowing base residential building plan sets to be reviewed once per building code cycle and reused multiple times. 3.4 HEJC agrees to make retainer payment of $12,500 to the County to support development of the repetitive program. 3.5 HEJC shall schedule individual intake appointments for each of the sample plan set referenced in section 2.5. Each permit application shall be charged at the current adopted fees in effect at the time of intake, per the 2026 DCD Fee Schedules. DCD Page 2 of 4 may also collect fees on behalf of other County departments necessary to establish the repetitive build program. Fees are due at application submittal. 3.6 The county shall provide invoices to HEJC monthly for BHC's services,provided on a time and materials basis. The county may draw upon the retainer to reimburse itself for these services. BHC shall provide a good-faith estimate of anticipated time and materials costs necessary to complete review and development of the repetitive build program. 3.7 The County shall notify HEJC in writing when the retainer balance falls below $2,000 and provide an updated estimate of remaining anticipated costs. HEJC may replenish the retainer, authorize the continued work on a time-and-materials basis, or direct the County to pause work. The County shall not incur additional billable work or expend funds beyond the retainer amount without mutual agreement. 3.8 Any retainer funds not expended by the County shall be refunded to HEJC presentation The County reserves the right to terminate this Agreement at any time by giving ten (10)days written notice to HEJC. 3.9 HEJC's obligation to reimburse the County shall terminate upon the earlier date of: (1) HEJC providing written notice requesting the County to cease further consideration of MSN building permit applications; or (2) the County's presentation to HEJC of a formal repetitive build program that the County agrees to use for MSN. 3.10 This Agreement shall be binding upon all successors and assigns of HEJC. 3.11 The parties agree that separate counterparts of this Agreement may be executed, each of which shall be deemed an original, and all of which together shall constitute one Agreement. 3.12 Facsimile and electronic signatures shall have the same force and effect as original signatures. 4. 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 under 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. (SIGNATURES FOLLOW ON THE NEXT PAGE) Page 3 of 4 DATED this day of , 2026. JEFFERSON COUNTY WASHINGTON HABITAT FOR HUMANITY OF EAST JEFFERSON COUNTY Board of County Commissioners Jefferson County, Washington By: By: Greg Brotherton, Chair Signature By: Name: Heidi Eisenhour, Member Title: By: Date: Heather Dudley-Nollette, Member SEAL: ATTEST: Carolyn Galloway, CMC Date Clerk of the Board Approved as to form only: jlas.-...--- C LJMay 14,2026 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Page 4 of 4 CONSENT AGENDA REQUEST ATTACHMENT 2 Existing On-Call Building Services Contract - BHC ►rg. u/aeon and Address supplemental 1efrcenicnt Number 1 till( t onsultants 1.1 ( 450 Pacifica Axe Sit 405 i acoma. H A 98402 Agreement \umhei 2U23iX'D-BMC Phone tf,u r_imsa; Projei t I the Professional Serb icr% Agreement for On-('all (original ( ontract t urrent l ''ntrao i .t imated t ontr act Res ie . Inspection & Building()Mcial 'Senices \,,t to I deed Balance 'Supplement S!'t nlgi S94.46" N A I kscrmpt ion Supplement \o.3 to the Professional Scn tie, Agreement for on-call re%iew. Inspection.and tiuildiniz 1)fti. sers ices primarily updates Hilt ',re%iew tirnefrantes it xhihit A. Section 21110.1ump sum tees t I \hihit \A. Sitihon t t. and adds their hourI labor rate schedule of %hihit fi) Re-re%ie%% timelines for single-Tamils homes are reduced to - working days. and initial commercial plan re%tea,are set at 15 31)..orkmg da%s i he supplement also increases Hilt 's lump sum plan re%to% rates. representing an o%erall increase of approximatel% t°° I0i"°. depending on the protect. and raises the partial plan re%tea rate from 50°n to '540 of the collected plan res lea Ice I he I Old' \ .n.. of letterson I. ',hunt% desires to supplement the agreement entered into ss nh RI It (onsultants I l t . executed on August 21,,21) ,i and identified as Agreement No 202,3 IX I)-Bll( Pri fe%st„ae,/ ( 'OHUrtk i jor (hi.all Plaan rct it"it WO lfl%W1e.'.ill Pt? %erl I(e'% AI{ pro%'soon, in the basic Professional Sas ices Contract. dated August 21. 2023.and supplemental, 1 and 2 remain in effect except as expressly modified h% this supplement I he changes to the agreement ac described a, tallow s Exhibit A.Section 2. Process,Subsection II is hereh% changed to read as fulloa s HI (- %%ill conduct the initial res tea. request re%isions or additional information. and sill either indicate compliance or non-compliance a ith the ctde(si against which if was checked and notch the C ount% lithe plans are still not as required. the ( ount%. or Hilt at the direction of the t. ount%. ails contact the applicant arch additional re%isam requests within the tome frames specified heloss unless negotiated other%i,e Project I.pe• Initial Resit.%% Re-Res leis Smile-Family lU s%orking da%, aorkint day, Multi-I wools 2U%corking da%, 10 %%irking da%s t omnicrciat 1; t(►ssorkingda%s I5 working days `!imclmes ar. .ihicct to.hance related to applicable. ( mint% rule. r._!utehons and Rt H, is amended and .i,rnutuatl. airreed upon - Section 3. Plan Res iea Fees. os herehs chanEted to read a, toil,'.%, Lump Sum Fired Fee Percentage of Plan Rerie» Fee Collected ht.the (umniert,ld and tlu/ti-1 insult Pruletas County A Yluruun • �2.0W.(NN) Valuation S2.(NN).(NNl In S5,000.000 P.te. ,i Partial Plan Re%ie%% 7(w° 60° (structural only or non-structural onlh 1 Valuation SS.000.001 to Valuation SI0.000.001 and up S I0.000.000 Full Plan Re%te.. 6 °i 55°0 Partial Plan Rc%io% ;oM town (structural only or non-structural onl. %ew SinYle-Fnmilp P►oiects I ull Plan Re%ica *0° of Plan Re%tcu fee Partial Plan Re.icy. ot Plan Rc.+c.• I cc structural only or non-structural ono Fthibit K. Labor Kate Schedule, changes the pre%aws labor rate schedule to the folio%tng t lasstticauon Flours Kate ettiken laspectar.C S1410 !Witting (?tlicsal Insertion,(Director 1,st,tant Atanager( S220 Plans Examine— S190 I ire( ode and Sprinkler(I PI ) Re%te.). S I RII Structural Plan Resiea (Qk , S270 lent. r Structural Pun Re%tiN (Senior I ntttnccrt S261) Structural Plan Re.its (Staff Fngineeri $190 I !tctrical Plan Kt.tc.% It►\ tl, S''t) t lectrical Plan Re%iev. f Senior 1.nitineer) $255 I !c,trscal Plan Re.tct (~taut I nirncert SI44) I iectrtcal Plan, I %amuler(not t:nginetri S170 t !t.tr Sin Cit&Site Plan Revie%MA/QC) u70 t n tl Sttc Plan Kc.t«. tStn ,n I ns meet: S_shll Civil/Site Plan Review(Staff En0ineer) S 190 t n t' '. I ,,Is� t,, ,Pr„tc,suum.s, I 111 tuc ; S g0 . it Site Inspector $170 \,'.tutttt,tration l„(stance S'JII 'Labor rates will be adjusted arrually Cr .aruari II Signatures indicate agreement to the changes as stated in this Supplement 1+3 to the Professional Services Contract for On Call Plan review and Inspection Services. DATED this 17 day of r ( 2 4 2 6Z C, JEFFERSON COUNTY WASHINGTON BHC Consultants LIC. Board of County Commissioners Jefferson County Washington Ogply synof W lows R Goss.PE O =• c mm L�/I+S�_ l`_ ""MCn^r4d CanwlWMa.LLC' 111-c'wwps,u C14,lrrws R Gros., BBy: Dale 221e043014 xJlo nv /Oleg Brotherton, Chair ��� �/ f�/ President yb r Title: Heidi Eisenhour, Commissioner Nk►o'� 4/30/2026 By. Date Heathe ; dley-Nollette, Commissioner SEAL: rA <C �.4,0 ' . ss/C:` s : -C S. ' G ATTEST: -,:,Ca4'IASIkw',,,,, 2i) etc Q LA-1 `�/2 7/2-v Car y Gallaway, CMC r Date Cler o the Board Approved as to form only 4-16-2026 1 miah Luther Date Deputy Prosecuting Attorney Page 1of3 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 n the code(s) The services to be performed by BHC shall be specified in a Letter of Authonzation issued by the County for each set of vans and permit applicatior 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 pf 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 wilt indicate that the plans and applicators have beer reviewed and found to be m substantial compliance with applicable .onstrJctior 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 avaiiabie up to two i2) sets of drawings as provded by the applicant) ncluding the cover sheet will be stamped in the same manner and provided back to the County c'uIl plan reviews will include structural non-structural accessibility energy and ventilatior requirements as applicable Partial plan reviews will be indicated herein as either structural or non StruCturai o-as mutual y agreed upon initial reviews shall be within the timelines dent,fied it Section 2 below 2. Process A The County reserves'ne right'^ 1etr,r^^ru r^R process and —ethod of work by BHC At its sole dscret'Cr the County veil deter'"" ' .. •iez 'o contract with BHC on a time and materials basis T.a percentage basis and as ^•utuaihr 3greed upon by the County and BBC Labor rates for time and materials bass are s^Cwr n E,h;bit B .. �'.. d t,; 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 ail revisions per current building and permit administration procedures through r-house platforms BHC will conduct its services or 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 SnarePoint file link G''P 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 ::, For transportation of non-electronic documents i;paper copies; the County will be responsible fo• 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 codes against which it was checked and notify the County 'f the plans are still not as required the County or BHC at the direction of the County will contact the applicant with additional -evisior requests within the hrr a frames specified below unless negotiated otherwise Project Type' Initial Review Re-Review $Wi 10 working days 1 working days MUIt 'amtiy 15 • 2C working days 10 working days Coma 15.30 working days 15 working days ?^Wires are si b}w't'0-.11.rge'ela$ed'C ac lCabie .,:‘U^rY^.; s 'eq!.tatons afC^- :.5 as arnerdeEl and as - ,tuatiy agreed ,por The review timelines set forth above may be revised for any given protect upon written consent of both the County and B- 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 LUMP SUM: The County shall pay BHC a lump-sum fee for performing an ;ndral review and one(1) recheck for each protect The fee she 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 fol,cwmg 'fixed fee' rates Lump Sum Fixed Fee Percentage of Plan Review Fee Collected by the County Commercial and Multi-Family Projects Valuation 52.000 000 Valuation < S2 000 000 To S5 000 000 Fur Plan Review Partial Plar Review ?structural only or non-structural only) Valuation S5.000.001 to Valuation S10.000 001 S10 000 000 and up Full Plan Review partial Plan Review 50c 'structural only or non-structural only New Single-Family Prolate -, 30°b of Plan Review Fee Par'd =ia - a:ew '5'io of Plan Review Fee (structural only or non-structural only) A Nor-Residential Commercial and Mutt-Family Protects; Full P'ar Review ncludes structural non-structural Fire and Life Safety Mechancal{!MCI Plumbing(UPCI Bamer Free ADA accessibility State Energy Code and app'tcable items it the County s Municipal Code when ssued as a part of a combination building permit Partial Plan Review lilt consist of one I of the following • ntemationai Building Code IBC)non-structural F:re and Life Safety including Mechanical P'umbmg Barrier Free ADA 3ccessib+l1ty and State Energy Code when issued as a oar!14 a combination bu+ldirg per'n.t • ?BC Structura Dri Mecnanica,Ptumbtrg slued as a separate permit or defered submittal fi I' be charged ^o',•ty 3''he Plar Review'are as :dentitied .^ the Labor Rate Schedule ". ti,.,r :n. 3r v Electncal Plan Review W II be charged hourly at the Electrical Plan Review rate as identified in the Labor Rate Schedule v Small Works Protects W II be charged hourly at the Plan Review rate as identified in the Labor Rate Schedule 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 welt coordinate at the time of intake of the protect if the project falls within this category w Civil/Site Plan Review WA be charged hourly at the Civil Sde 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 vie Fire Code. Fire Sprinkler, Fire Alarm Will be charged hourly at the Fire Code and Sprinkler:PPE) Review rate as identified in the Labor Rate Schedule B Residential (New Single-Family Protects) 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 Partial Plan Review Win consist of one(i i of the following • htemational Residential Code:IRC; non-structural Fire and Life Safety Including Mecnartal:Plumbing and State Energy code when issued as a part of a combination building permit OR- • iRC IBC Structural ONLY :it Small Works Projects WI' be charged hourly at the plan Review rate as identified in the Labor Rate Schedule e remodel addition deck porch small garage accessory buildings;non-ADU) car port retaining walls dock envelope change kttcner or bath remodel garage conversion fire damage misc repairs re-foot etc i BHC will coordinate at the time of intake of the project if the project fails within this category C Exhibit 9 Labor Rate Schedue°Hill be ut+sized for 3.1 hcuhy fees unless negotiated otherwise between BHC and the .;curry -urn() S,r^c tied fee plan review includes the,nit ai piar rev€w plus one i i recheck When Sibstanr ai 'ev'sions occur to previously -ev ewed and Cr approved plans addit;onal fees shall be ^arged at the hcur'+r rates dertfed Fn the Labor Rate Schedule yNr rs r ^rr �)n all r`LiI prVirs:S tr arY ` r 4 nI' on3Jitant -^,fr, 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 it the Labor Rate Schedule 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 3 A point BHC clan review and County split review option may be negotiated prior to the start of the plan review 4. Building Inspection Services BHC wit prov de a certified bu,lding 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 t"e inspector hill perform building inspection servsces for the County B At the request of the County the inspector shall be asked to Perform one it)or more of the following inspection tasks Non-structural fie and hie safety inspections 2 Structural inspections 3 Energy code ^spections 4 Barrier Free ADA inspections 5 Mechanical and Plumbing_inspections 6 Electrical inspections -fappi;cable, Additional service may be provided when requested t o re protection sonnicer and alarm review 2 Site vii and drainage review B inspector will provide building rspections in accordance with the currently adopted international Codes Washington State Building Code('Washington Administrative Code NVAC) 51-50 and 51-51' and Energy Code(WAC 5'-11' and the applicable County Building Codes except that inspector willconfer*I'the County Building Official or men agent on any portion of the review that specifically recuires an approval of the Bu iding Official Jnder the applicable codes, or that nvowes an unusual intercretator C Inspections will be carved out n accordance with codes ordinances and regulations ir effect anc will be performed n a courteous and professional manner Jp-to-date records of inspection status will be maintained sr the nlanrer required for the specific protect and on the County office copy o' the Per-:t rspect:ons can be negotiated to be n-per>.' ^uat remote inspection or as rec-es1ed a~e-NEse by•he r7c,u-tv Note Plan review approvals are not inspections D Exhibit B Labor Rate Schedule roll 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 hourty rates identified r 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 approva e truss specification plans fire protectiontalarm details etc I will be charged at the hourty rates identified +r 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 E Adderdums to approved plans that require additional plan review will becharged at the hours rates identified r the Labor Rate Schedule Attendance of meetings n person or remotely when requested by the County will be charged at the nourty rates dentified in the Labor Rate Schedule IS Separate Fire Code Fire Sprinkler Fire Alarm and when rot 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,,other review services and plan reviews in excess of two 2, tthe mitia •ewew plus one+t, re-check shall be paid or a time-and-materials basis using the appiicabie hourly rate identified in the Labor Rare Schedule n-House pear revew and other services will be provided as desired by the County and agreed upon by BHC or a time ard-materials basis using ar houry rate idert!hed in the Labor Rate Scned;,ie Valuation figures used to determine the plan review fees will be calculated based on the County s ee Resolution or most current;CC publicat or and 199' UBC standards of practice The plan review fee will be determined by the County and the proposed plan review tee amount she be submitted c 9H with each plan -ev+ew submitted for'ewe*and aperova' C Billing statements wrU be ssued for reviews that receive a full nittal review r the preceding month Dr other acceptable time pent Ali initial 'every shall constitute an earned fee for both the County and Bk: Each stater'ent wilt nclude the permit application number and applicant name Dr ermit name of the clans reviewed with the fee "ne Countyy shad have the right•c withhold payment to BHC for any work not completer' n a :at stactcry mare-.intt+ such•ime that BHC modifies such work tc the satisfaction of the County 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 examiners or building official's residence or the Tacoma;Seattle or Bellingham)office whichever,s less to the site H All mileage included by BHC will be reimbursed at the most current !RS 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 shalt be at '50%of the rates shown above Thts Labor Rate Schedule Is effective as of January ' 2026 BHC will adjust rates annually at the start of each new year EXHIBIT B LABOR RATE SCHEDULE Classification Ming Inspector.Combination S,D,^ Building Official insaec' Director Ass start Managers S22i, Plana Examiner—non-structural $190 ,re Code and Spnnkier -JE, Review 3'80 amcioral Pin Review(t ,) $270 Senior Structural Plan Review(Senior Engineer) $260 Spiel Plan£la St90 Eiectnca+ Plan Review OA,OC $270 Electrical Plan Review(Senior Engineer) $255 al Plan Reveer, Staff Engineer $190 Electrical Plans Examiner(not Engineer) S170 S160 Crvitt`Site Plan Review(OA!QC) $270 Pan Revier. :,enior Engmeen S260 Cnni.Site Par Review(Staff Engineer) $190 sector 1 Profess,onai Engineer: S180 Civit/Site inspector S170 Administratior Assistance S140 'Labor'ates&II be adjusted annually Or .anuary 1' _ �d� ' a'i Seri'�.Pc •upplemental 4greement Number 2 ttt ,s. s I I Am, Stt .0%J, X I) fit It Ptu , 4•,4 +VMS'( urrn t fttra,a I ..comaict' • PrndesatornAl Sem Kr. %Itrerffirnt for On t " kotrd 1441An,c supricrylcot S,"t S 04, Re%414 loved bon & Re!klieg )ffaC is I St XVI St4' Nuiplemcnt No f ,1041,4. 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P.I --- - 17 a 1 %ilk .I. li A.tellthuCt titelit 11:84ter ;' 01,• ik i''', 1 h.K-' ' ;.11.,' ' .- 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. 1. Project Designation. The Contractor is retained by the County to perform the following Project:On Call Review and Inspection Services. 2. Scope 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 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 he 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 "13" 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 timesheets 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. 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 he 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.V the Contractor recognizes that this waiver was specifically entered into pursuant to provision, of R C.V4. 424.115 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; Ib► Hired automobiles:and,(3)Non-owned automobiles. Page 2 of 22 h. 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(31 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 he evidenced by one of the following methods la) 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) fhe project name to which it applies. (el The certificate holder as Jefferson County. Washington and its elected officials. officers. and employees with the address of Jefferson County Community Development Department62 I Sheridan Street. Port Townsend, ' A 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 (I S)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 deductibks 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 RC W. shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Xgreement Page 4 of 22 o. Thc 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 arc they limitations on indemnification. the Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy. notice of same shall be given to the Jefferson('ounty Risk Manager by registered mail, return receipt requested. v Ihe Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-. with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re- insurers licensed in the State of Washington. w The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 9 W orkcr's CompenaatiOn (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 R('W, Pages 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 Fhe 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 priv lieges 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 w ith respect to the Contractor, or any employee of the Contractor. 11. Subcontracting Romyircments. 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 b 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 fur in this Agreement shall not constitute a waiver of any other provision. 16 Termination. a fhc 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 herehy 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 Bury is ing members of the Contractor and the County. if the County so chooses c I he 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 i, 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 represent: 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 he 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 ashington for Jefferson County. Page 8or22 2 1. Section Heading, The headings of the sections of this Agreement are for convenience of reference only and arc 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 Waive 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.ditTerent,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. Severabdity. 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. Henry 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 Thircl-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. 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. Antis-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length. with the assistance and advice of competent, independent legal counsel, 11 Public Records Oct. 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.Confidential*. 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 l u„t 22 SIGNATURE PAGE JEFFE' •N COUNTY Bs k! • ' SSIONERS 3HC Consultants.LLC I. ' g/Z 1 f L 3 : Name of the Contractor ". _ hereon.Chair Cameron Ochi Approved Telephonically Contractor Representative(Pleat pint, Kat ' an,Mem r �r..�..��.....a..� • Cameron '�'Olrlat�l+ raw e� A 'Signature, ur, A!ember Executive Vice President Tide August 3.2023 �NNNI Date " Ft~RSO,y r a ��•�Nt�. t)� ., SEAL 40 r 1'VA S 44‘14 •? Mti1NM�� ATTEST Ca ��yy►►•► 'A•vti Carolyn G•lovvay.CMC DATE b/i'/L, Clerk of the Board Approved as,tp form oily Philip C Hunsucker DATE August 16. 2023 Chief Civil Deputy Prosecuting Attorney Page ltof22 EXHIBIT"A" Jefferson County On Call Building And Fire Marshal Services SCOPE OF SERVICES I. Man 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 I5.05,0.30. which adopts the International and Uniform Codes adopted by the State of Washington. with exceptions. in Chapter 5 1-11 (Washington State Energy Code and Amendments). Chapter 51-50 WAC Ilnternational Building Codct, Chapter 51-51 (International Residential Code), Chapter 51-52 WAC (International Mechanical Code). Chapter 51-54 WAC (International Fire Code), and Chapter 51-5§ 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. l: Reviews shall be conducted by Consultant and under direction of the Building Official or their designee. D If corrections or additions arc 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 asailable. up to two sets of drawings (as provided by the applicant) including the cover sheet shall he stamped in the same manner and provided back to the Building Official or their designee. Full reviews shall include structural, non-structural. accessibility. energy, and ventilation requirements as applicable. Partia' reviews shall he indicated herein as either structural or non-structural or as mutually agreed upon Initial rcvicws shall he 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 tile link,a SharePoint tile link.an VI P 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 10 workingdays (1 - Single-Family 10 working days(2 weeks) weeks) L -. .. Multi-Famil 1 c -20 working days(3 - 4 weeks) 1 O working days(2 weeks) Page 11of22 _ _ Commercial i 20- 30 working days(4 - 5 weeks) 1 15 workin&days(3 weeks) 'these timelines are subject to changes to applicable County rules and regulations and RCW as amended. II the review timelines set forth above may he revised for any given project. upon written consent of both the Counts 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: 1 ii 1 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 atTected 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. 'ion-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 codes),or that involves an unusual interpretation. D. Inspections shall be done in accordance with all codes,ordinances and regulations in effect and shall he 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. No it 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. Resiew of supplemental plans or deferred subminals(information not provided at time of initial review but required for plan approval, i.e., truss specification/plans, mechanical. C plumbing,etc,l 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 I Rate Schedule. F. 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 sere ices shall be provided as desired by the County and agreed upon by Consultant on a time-and-expense bask 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'; Fee Resolution or ordinance. fhe plan review fee shall he determined by the County and the proposed plan review fee amount shall be submitted to Consultant for each project for rev sea and approval. J Billing statements shall he issued for reviews that receive a full initial review in the preceding month or other acceptable time period A full initial review shall constitute 3n Page I 5 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 arc 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 0. 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 16of22 EXHIBIT"B" PAYMENT All applicable Count} building permit tees are outlined in JCC 15.05.030tI adopts the International Building Code. with exceptions, in Chapter 51-50 H. AC. using the metric provided by the ICC Building Evaluation Table belovv. Peptise I ft«Amemot D.Gaeta 111411111111161011 Pal ALL COIIIITINK110114111WID 1111110AITS butlbrtg Permit lees shall be based upon valuation The valuation shag be determined by the bolding Official for most prates the square footage costs n the most current avoiding valuation Data Table oubbshed by the international Code Counca(fCCI may be employed for protects not covered by the tab*constnrctton estimation toots such as Construction Cost Data by A S Means co the gftt Comm/coon Costboaa may be referenced as a guide Admrrrstratrve fee Iodides a technoiogy fee eoual to 2%of the total budding permit cost le m(tees sha11 be ca+cuilted from valuation a,the tolbr■+ug mavver Vi4rMIM► Corresponding►int*fee SO SSOO S3000 S501 S2 COO S30 00 for the fast$500 00 plus Sa 00 for earn additional S IO0 or fraction thereof,to and nctvdtng$2,000 ■ 52.001 $I5 000 S90 00 for the first S2.000 00 plus S 1 t SO for each additional 51.000 or fraction thereof to and including S25.000 525.001 $50,000 5492 SO for the first 525,000 00 plus S 12 SO for each additional 51.000 or fraction thereof,to and mctudog S50 000 550 001 SI00.000 Sgo5 00 for the test$50,000 00 plus 59 00 for each additional S1 000 or fraction thereof,to and nciudrrtg S100,000 5100 001 5500 000 S 1 25S 00 for the first S 100,000 00 Pus S T 2S for each a ditrona St000 co fraction thereof.to and"chiding S500,000 S S00 Dot 51.000.000 Se.1 SS 00 for the first SS00.000 00 plus S6 00 for each additional 51.000 or fraction thereof to and including S1,000,000 S 1.000,001 55,000.000 $2.155 00 for the hrst S 1.000.000 00 plus 54 00 for each additional 51.00000 or fraction thereof to an+nc'udmg 55.000,000 ■ $5.000.001 and ei S21.155 00 for the r rst S5 000.000 00 plus S)00 for each additional$1.000 00 co fraction thereof t, ,. LABOR RATE SCHEDULE Classification i Hourly Rate Principal Consultant Sr. Plans Examiner or B 0.► SI60 Combination Building Inspector S92 Plans Examiner I -non-structural S 150 1 Structural P.E. SI95 Administration:Clerical Assistance S75 Travel Time 60%of Hourly Rate + Mileage I. Pisa Review Fee The following fee determination criteria is intended to include the review of plans cent 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 o►er-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 he 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: Percentage of Plan Review Fee Valuation <S2,000,000 Valuation S2,000.000 To S5,000.000 Complete Plan Review 7 5° 704/0 Partial Plan Review ,a SO% (structural only or nonstructural only Valuation S5.000,001 for Valuation $10,000,001 SI0,000,000 and up Complete Plan Review fi0°e t 5O°° Partial Plan Review 40•0 lc°„ (structural only or nonstructural only SiaL>it Faadly Prniects Pace 18 .)t 22 Complete Plan Review 75%of Plan Review Fee Partial Plan Review 50•io 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 andior State Energy Code. Mechanical'IMO and or Plumbing/I PCI 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 I 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 all hourly fees unless negotiated otherwise between Consultant and the County. F. Fixed Fee plan review includes the initial plan review plus one (I 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. 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°%o 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 he negotiated prior to the start of the project. 2. Building Inipeetio. 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. 1pon authorization by the County.the inspector will perform building inspection services for the County. li 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: h Structural inspections: e Energy code inspections: d Barrier free ADA inspection., or, c Mechanical & plumbing inspections C Inspector will provide building inspections in accordance with the currently adopted International Codes. V.ashington State Building Code I VAC St-50 and 51-51 r, and Energy Code (wAC 51-111. and the applicable County Building ( odes, except that Page 20 kir.2 inspector will obtain approval from the Count) 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. (' 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 Pagel of22 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 staffs normal workdays arc 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 I. The I.ahor 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