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HomeMy WebLinkAboutHabitat for Humanity of East Jefferson County Large Project Agreement - 051826 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 /S day of ,2026,between Jefferson County ("County") and Habitat for Humanity of East Jefferson Co , a Washington nonprofit corporation(UBI Number: 601 850 143, "HEJC"). I. 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 3of4 DATED this day of 2026 JEFFERSON COUNTY WASHINGTON HABITAT FOR HUMANITY OF EAST JEFFERSON COUNTY Board of Counts Commissioners Jefferson Cou ‘. Aasht • E3 B) ireg otherton.Chair Signature By: 1 QirfS2 V` t/ Name: l LA .ii/scnhour. Member Title:1-.4 t of-iteliArtv t ftCH 65C.» Date: 51 2'41 dl j,Ziellie45 Member 4 r`r����SOty cp ���iiSS/�a, #, SEAL: /0 ov k? I &pule 1 ATTEST. WASH0N,aar IF I Carolyn Galloway.CMC Date Clerk of the Board Approved as to form only: d t ' ' C May 14,2026 Philip C. Hunsucker. Date Chief Civil Deputy Prosecuting Attorney P tic 4 ot 2 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: C 0,) 170,4 511 Cid6. Jo !. 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 SPA 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: cPronovost@colerterson.wa.us AMOUNT: $12,500 PROCESS: _ Exempt from Bid Process Revenue: $12,500 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 Other:Agreement APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLII�ANC�rF�WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: El N/A: £`""r 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. f,,, CERTIFIED: El N/A: (,u• 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 2 Existing On-Call Building Services Contract - BHC •ul)1►irmrntal 1,grrt n)rnt N urn hcr 2 ,,nsultant• I t t f „ . 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' Supplemental Agreement \umber 3 1311( l onsultant' I I t 4�1) Pacifica As II Uti� I ac<+ma. \ 4%402 Agreement \umher 21)230( I)-BNC Phone hone :NW"' 9*-1 1'ren ct title Professional Senices Agreement for On-Call Original ( ontract ( urrent ( ontract I stimated( ontract Re.iew. Inspection & Building Official Sen ices \ot to I ‘cred Balance 'supplement Si-:out; Sr° `Ni' t‘; v \ I) scrtption Supplement Rio.3 t<+the 1'rotes,ional `ten tees \greement for.on e.i11 res less. inspection. and llutldini. t)tli:'at sen ices updates 131I( ',res less timelrames i I .titbit A. section 21 I1► lump sum tee,f I shihtt A. `echon +i_ and add\their hours labor rate schedule i I shihtt I3t Re•res toss timelines for single-fanuls homes .ire reduced to - ssorlsing da.s, and initial commercial plan res tesss are set at 15 zu ssorLing das s I he supplement also increases Bl It lump sum plan re%less rate, representing an%%serail increase of appro imatcls ;°ei 0"n. depending on the protect and raises the partial plan res less rate tarn 50 to -5'"of the collected plan res less t;c I he I oval \eons ,+t lettersonl ounts desires to supplement the agreement entered into ssith 1B1It l onsultants I I ( executed on August :', 2U_1 and identified as \¢reement \o 2023 IX I)-1314( Pr*lc%No au' .erns<"+ ( 4 mint,! or/hl it'ii wit/Im.1R't lln/t aril tt e, \Il pros tsions tit the haste I'rotessional ten ices l ontract. dated \uaust 21. 2112 i. and supplemental, I and 2 remain in etlect e\cept as e‘pre,sls im'ditied hs thi' supplement 1 he changes to the agreement are described as tot loss Exhibit A.Section 2. Process,Subsection H is herehs changed to read as tolloss RI1( w ill conduct the initial res less request res isions or additional information. and %s ill either indicate compliance or noon-compliance ss nth the co+de(st against which n ssas checked and !louts the t. own), It the plans are still not as required. Inc ( ount\ or Hilt at the direetri0n 001 the t ount\ sill contact the applicant ssith additional re ision requests within the time frames specified heloss unless negotiated otherssi,e Project I.pe' Initial Res iew Re-Res new 'single 1 anvils I it ssori.ing das, - ssorlsini loss tittilt, 1 antils 'n working dais, Itt ssorlsinu days toommercial I ;II ssortkinidays I ssorhmgdays ` 'me Imo• sir: ,.ablest to shaiuo;related no apphcahle t osints ruts, r >;ulation and RI H, as amended and .is mutually aereed upon Section 3. Plan Re.iew Fees. i, herehs changed to read a, toll,ow, Lump Sum Fired Fee Percentage al Plan Review Fee Collected by the Commercial and ►la/ti Fumilt Projects Cuunly ♦iiluation �2,tNN1,1NN) Valuation S2.900.t0N)t o S5,000.090 I sill t'l,it, Kcsic s x• -_•',< Partial Plan Re,Ie„ 70"o 60°° t,tructural onl or noon-structural onl, Valuation S5.000.001 to Valuation SI0.000.001 and up S 10.000.000 1 ull Plan Re,te„ 65"0 ::°" • Partial Plan Re,ie„ lei°„ I tnrctural onl% ,or noon-structural onl, %ele Single-Ian li Prutects • till Plan Re,Ie„ 80°"of Plan Re%Ie%% Fee Partrrl Plan Re,ie„ "5°"of Plan Re,te„ I-re i,iructural,nl, or non-structural unl, F %hihit B. labor Kate Schedule chanties the Pre,ion, labor rate Neheduie to the tidlo%tnu twcauoon Ilourh. Kale Building Inspector.Combination $160 Ruil,itni (ttlieial Inspection,(Director •\„r,tant \lanasteri S221) Mies Fxanrirrer—eess irectursl SiQO I ire( ode and Sprinkler i I PI ) Re,iea SIM() Structural Plan Re.iex (OA'QC) $270 lena•r structural Piatr Re%Ie„ (Senior'I ngtneen S260 Structural Plan Re%iru (Stan-Engineer) S190 : _.^real Plan Re%te% t tot\ t ,+ S2'0 I leetrical Plan Rev les. (Senior Engineer) 10255 i icor-Ral Plan Re%ley% tSlatt I netneerI Electrical Plans I r►antiner(not Engineer) S170 I icctrical In ,ecru \ 'o'� Civil/Site Plan Review(QA/QC) V70 t I,ri titre Plan Re,Ie%, r Senior I mincer+ 8260 Civil/Site Plan Review(Staff Engineer) S I90 t nil tine Inspector lPr,,tc„um,tl I ne.nccrr S180 • civil/Site lnepeetor SI70 \,lrnn i1;,tratn \„1,t.01cc S'Jil `tabor rates will be adtusted annually on anuary II 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 7fday of Apr'( _ 2 4. 262 JEFFERSON COUNTY WASHINGTON BHC Consultants LI,C. Board of County Commissioners Jefferson County Washington NSW'S s,.a by lanes R Gaps.PE QN'+US Ill Y fmW,Y. `lU-„reI" ,V CIh'la„sssa R Gross nE" B By: Omar 202,410,I363,0 eg Brotherton, Chair (GI `4 —' r,tle President Heidi Eisenhour, Commissioner By ppr :�t,b,,��� %�'l�t, Date 4/30/2026 Heather : dley-Nollette, Commissioner N0EINNIu,,,r osoisiRsoftv it I <0 •MiSs� v% SEAL ' `off Zk I. s S i` '‹ a to �7 r: s ? i ATTEST 41INNHII0 IIII C\c, 1/1/,-A w21 y 12 7/a Car y Gallaway, CMC Date Cler o the Board Approved as to form only 4-16-2026 1 emiah Luther Date Deputy Prosecuting Attorney 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 specifica►ly requires the approval of the Building Official as specified n the codels) • The services to be performed by BHC shall be specified in a Letter of Authonzation issued by the County for each set of pians 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 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 ardor guideline checklists or the permit type under review 'fen the plans and applications are consistent with the County codes and standards BHC wilt 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 avaitabie up '0^040 2) sets of drawings las provided by the applicant)including the cover sheet will be stamped in the same manner and provided back to the County • cut)plan reviews will include structural ^on-structural accessibility energy and ventilation 'equirements as applicable Partial paan reviews will be indicated herein as either structural or non structural 0'as mutual y agreed upon Initial reviews shall be within the timelines identified in Sector 2 beio* 2. Process • The County reserves the right to determine the process and method of work by Bh+C At its sole Iscret cc 't'e :ouniy w ti deter re fat wishes to contract with BHC on a time and materials basis r a percentage basis and as 'utualty agreed upon by the County and BHC Labor rates for time and materials bas s are s^Own n Er^bit B :os'�rr r'• 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 ir-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 Piatform BHC will identify rts staff who will have user access to and participate ,r the County platform All submittal materials from applicants shall be PDF or other compatible file type to perform e►ectronic review For transmission cf 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 FTP;ink 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 m-house platform and will not require file transfer from BHC back to the County BHC will perform reviews and coordination using Bluebear Revu PDFs and Microsoft 4Vord documents Email file transmission may be used at the discretion of BHC and County staff C For transportation of nor-electronic documents(paper copies; the County will be responsible for the transportation and costs associated with providing BHC the documents and me return of the permit review documents back to the County H BHC wii!conduct the initial review request revisions or additional information and will either .ndicate compliance or non-compliance with the codei;si 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 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 -gamily 15- 2v working days 10 working days Conrnaidel 15- 30 working days 15 working days "r^w;nes are ittlect to ctange'elated'c acvi,cabie ^ry^pies "egu+atons arc c as arner.led and as .tu3ly agreed ..reir "ne 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 LUMP SUM: The County shall pay BHC a lump-sum fee for performing an nitial review and one(I) recheck for each protect 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 hourty 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< S2.000,000 Valuation S2,000.000 To S5,000,000 Full Plan Review '3• 2' Partial Plar Review !structural only or non-structural only) Valuation S5.000,001 to Valuation S10,000,001 S10400.000 and up Full Plan Review `c, Parral Plan Review 50'- 10° (structural only or nor-structural only) New Single-Family Projects Full Plan Review 30°0 of Par Review cee Partial Plan Review ;5=,of Plan Review-ee (structural only or non-structural only) A %cr-Residential f,Commercial and Mult-Family elects: Full Pan Review ncludes structural non-structural Fire and Life Safety Mechanical CMC) Plumbing(UPC) Barrier =nee ADA accessibility State Energy Code and applicable items.r the County s Municipal Code when tssued as a part of a cor*•bination building permit Partial Dian Review i ll :ons,st of ore ?;of the following • ntemational Building Code IBC)non-strjctura! F re and Life Safety including Mechanical P'urmbmg Barrier Free ADA accessibility and State Energy Code when issued as a oar of a-.ornbtnat;on buwidmg Derrn.t JR- • ,BC Structura; CNL', Mecnan ca Rlumbirg ssued as a separate aer'mt or defered subrm ial; fi l'be charged 'n",yrly 3!she Plan Revew rate as :dentifed the Labor Rate Schedule Electrical Plan Review Will be charged hourly at the Electrical Plan Review rate as identified in the Labor Rate Schedule v Small Wcrks Protects W ll be charged hourly at the Plan Review rate as identified in the Labor Rate Schedule ti e signage pole sign billboard cell tower retaining wall dock garbage enclosure envelope change bridge small interior remade! Ti mezzanine add or alteration fire damage misc repairs re-roof etc !BHC will coordinate at the time of intake of the protect if the protect falls;within this category vw 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 w Fire Code Fire Sprinkler Fire Alarm Will be charged hourly at the Fire Code and Sprinkler:FPE i 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 V l!:cnsist of one of the following • ^temattonal Residential Code IRC;t non-structural Fire and Life Safety including Mechanical:Piumb►ng and State Energy code when issued as a par*of a combination building Perri». OR- • ;RC IBC Structural ONLY Small Works Protects h I- be charged ^aunty at the°tan Review rate as identified in the Labor Rate Schedule e remodel addition deck porch small garage accessory buildings non-ADUI car port retaining walls dock envelope change kitchen or bath remodel garage conversion fire damage misc repairs re-•oof etc i BHC will coordinate at the time of intake of the protect if the protect fails wrthir `hiS category C. Exhibit 9 Labor Rate Scr'edu'•e will be uti'zed fo, 3.1 ^curly fees unless negotiated otherwise between. BHC art r —imp S = •. =ee pia, eeew-includes the 'nr'a; ciar renew plus Dne ' 'echeck When sibstani , " previous; -er ewed and cr approved plans additonal fees shall be ^argee ,. . - n•44'7 . •^e Labor Pate Scchedule r, �r, 4 t•r- .fin, Ira t .m E All reviews beyond the initial plan review fee and recheck as identified above due to non-responded items or otherwise shah have additional fees charged at the hourly rates identified it the Labor Rate Schedule Expedited par 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 descnbed below 3 A pint BHC plan review and County spirt review option may be negotiated prior to the start of the plan review 4. Building Inspection Services BHC ww provoe a certified building irspector 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 authonzation by the County me inspector w+N perform building inspection serv'ces for the County B At the request of the County the Inspector shah be asked to perform one l t;or more of the following inspection tasks ' Non-structural fire and life safety inspections 2 Structural inspections 3 Erer3Y code nspections 4 Barner Free ADA inspections 5 Mechanical and Plumbing.inspections 6 Electrcal inspections '1 applicable, Addthonaa service may be provided when requested > F're protection spnnker and alarm review 2 Site :+vil and drainage review B Inspector will provide budding rspections in accordance with the currently adopted International Codes Washington State Building Code(Washington Administrative Code NUACI 51-50 and 51.51 and Energy Code(WAC 5'-'f and the applicable County Building Codes except that inspector will confer vrtt, the County Buddirg Official or their agent on any portion of the review that specifically requires an approval of the Building Official J^der the applicable:ode or that nvoives an unusual interpretat or C inspections mil be carved out =n accordance with codes :ordinances and regulations it effect arc 4.4,1 be performed in a courteous and orcfessional manner Jp-to-date records of inspection status win be "%aintained 'n the manner required for the specific protect and on the County office ropy the pem,+t ^spectKons can be negotiated to be fir-persoF remote inspection or as ter,ester,:t-e-oese by the'Too^t, Note Plan review approvals are not inspections. 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 me 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 it the Labor Rate Schedule B Pre-permit plan review meetings to review code requirements and County permit coordination will be charged at the hourty 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 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 crarged at the hourly rates identified in the Labor Rate Schedule E Adderdums to approved plans that require additional plan review will be charged at the hourly rates identified n the Labor Rate Schedule Attendance of meetings n person or remotely when requested by the County will be charged at the hourly rates identified in the Labor Rate Schedule 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 ±.the mina review plus one t re-check shall be paid or a time-and-materials basis using the applicabie hourly 'ate identified it the Labor Rate Schedule S in-House piar revew and other services will be provided as desired by the County and agreed upon by Bt~C on a time-ard-rnatenals basis using ar houry rate idertified in the Labor Rate Schedule Valuation figures used to determine the plan review fees will be calculated based on the County s gee Resolution or most current ICC publicator and 1997 UBC standards of practice 'he plan review fee will be determined by the County and the proposed plan review fee amount shah be subr^4tted 'c Bf-0 wit"each p±an 'evew submitted for'evew and approval Billing statements will be ssued for reviews that receive a full initial review-n the preceding month or other acceptable time period A `Jr initial 'eview shall constitute ar earned fee for both the County and BHC Eacr statement ,will nclude the permit application number and applicant name or :•e'r t name of the plans reviewed with the fee The County shal have the rigrt!c withhold payment to BHC for any,work not completed=n a �a!stactcry manner anti, such time that BHC Modifies such trot. tc the satisfaction of the County �,,'r3^r .".rr, 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 canceiation 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 is less to the site H All mileage included by BHC will be re>mbursed at the most current FRS rate at the time of service I BHC staffs normal workdays are Monday through Friday I8am-Spm. 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 wont hours or on Saturdays Sundays or County Holidays shall be at '50%of the rates shown above i This 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 Classi!icati Belting Iruipecux.Cortina ion SS+16C) Buitdirg Official Inspect:uns(Director Assistant Manager) Plena Examiner—aoN tmlril g,9C Fire Code and Sprinkler(PPE)Review Structural Pin Rolm(Q C) S270 Senior Structural Plan Review(Senior Engineer) $2SC Structural Plan Review(Staff Engineer) $190 _lectnca Review S270 Ell Plan Review(Sens Engineer) $255 Electrical Plan :. ,ew Staff Engineer S'9C Electrical Plans Examiner(not Engineer) $170 EleCt'ICA S160 CM /Site Plan Review(QA'QC) $270 Fran Review(Senior Engineer) S260 CMt'Site Plan Review(Staff Engineer) $190 Site nspector I Protessionai Engineer, S180 ale Inspector $170 Administration Assistance S140 'Labor'ales hill be ad)usted annual!, or .:aruary 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. Proieci 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 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 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 "B" attached hereto, provided that the total amount of payment to the Contractor shall not exceed S30.000 without express written modification of this Agreement signed by the County. b. Invoices must be submitted by the I5`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 or22 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.V4. the Contractor recognizes that this waiver was specifically entered into pursuant to pros isians of R C.V . 4 24.1 15 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 C'ontractor's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; ihi Hired automobiles:and. (3)Non-owned automobiles. Page 2 of 22 b. Commercial General liability Insurance in an amount not less than a single limit of one million dollars(S 1,000,000)per occurrence and an aggregate of not less than two (2)times the occurrence amount (S2.000,000.00 minimum) for bodily injury, including death and property damage. unless a greater amount is specified in the contract specifications. f'he 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. of 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 he 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. (ci 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, M A 98368. and. (d► A statement that the insurance policy shall not be canceled or allowed to expire except or. thin (30) days prior written notice to the Page i of__ 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 th is Agreement. g Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. h. The Contractor's insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies, with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. Insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies)for payment of any premiums or for assessments under any form of policy. j. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. k. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County. the insurer shall reduce or eliminate deductibles or self-insured retention, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. I Insurance companies issuing the Contractor's insurance policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. m. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement,or any portion thereof,may be withheld from payment due,or to become due.to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County n Any coverage for third party liability claims provided to the County by a "Risk Pool"created pursuant to Ch. 48.62 RCM,' shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this >greement Page 4of_2 o. The County may.upon the Contractor's failure to comply with all pros isions 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 coserage 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 gisen 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 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 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 nt 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 [he 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. I I. Subcontracting Requirements: a. The Contractor is responsible for meeting all terms and conditions of this Agreement including standards of sery ice, 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 es cry term of this Agreement before the subcontractor can perform any services under this Agreement I he Jefferson County Community Development Director or their designee must approve any proposed subcontractors in writing. Page 6;rt 2 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 pros ision. 16 Termination, a. lite County and reserves the right to terminate this Agreement at any time by giv ing ten (10)days written notice to the Contractor. b. In the event of the death of a member. partner. or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor hereby agree to complete the work under the terms of this Agreement. if requested to do so by the County. This section shall not be a bar to renegotiations of this Agreement between surs iv ing members of the Contractor and the County. if the County so chooses c. 1 he Contractor understands and agrees that Counts 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 parts at the address listed below or such other address as a party may designate in writing from time to time. Notices to the Count) 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 Aireerrient, This Agreement together with attachments or addenda represents the entire and integrated Agreement between the Count)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. j)tsputes. The panics 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 ail questions shalt be resolved by application of Washington law and that the panics 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 8of22 21. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 22. Limits of Attu 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. do 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. Sevverabiliti. 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. ¢inding 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 Betteftciaries. 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 base the same force and effect as it'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 N gotigtion*. The parties agree that this Agreement has been negotiated at arms-length, with the assistance and ads ice of competent, independent legal counsel. 31 Public Records Act. Notwithstanding the pros isions 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 am written public record request. Contractor shall, Pate Q of„ 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. Contidentiality. 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 10.Ft 22 SIGNATURE PAGE JEFFER ` COUNTY BO C SSIONERS 3HC Consultants LLC F Z 1/L 3 Name of the Contractor herton.Chair Cameron Och,itree Approved TelephofticOly Contractor Representative(Please prim, K Mem r �— Cameron°c►orar•'.�`..m..«.�.... OM ND ra NL/aY'! (Signature, H di .Member Executive Vice President Title August 3 2023 Date 044,1.111 �FtLRS0/y C ,... SEAL CA 8 44:45" < y�,t'` ATTEST (2krtap. (r-djaw� Carolyn GaSoway.CMC DATE b/"/t 3 Clerk of the Board Approved as tp form oily Philip C Hunsucker DATE August 16. 2023 Chief Civil Deputy Prosecuting Attorney Page I I of 22 EXHIBIT "A" Jefferson County On Call Building And Fire Marshal Services SCOPE OF SERVICES I. Plan Review The County shall determine which plans and building permit applications shall be reviewed by Consultant. Consultant shall review such plans submitted with building permit applications for structural. non-structural and code compliance in accordance with JCC I5.05.03Q, which adopts the International and Uniform Codes adopted by the State of Washington. with exceptions. in Chapter 51-I f (Washington State Energy Code and Amendments). Chapter 5 I-50 W AC (International Building Code), Chapter 51-51 (international Residential Code). Chapter 5I75. WAC (International Mechanical Code). Chapter 51-54 WAC (International Fire Code), and Chapter 51-56 W.AC (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 he 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 revisionsiadditions once addressed to Consultant per the submittal requirements or guideline checklists for the permit type under review F. When the plans and applications are consistent with the Building Codes. Consultant shall indicate that the plans and applications have been reviewed and found to be in substantial compliance with the applicable Building Codes The reviewer's name and date of compliance shall be affixed to each sheet of the required digital submittal documents In the event digital submittal documents are not available. up to two sets of drawings (as provided by the applicant)including the coser sheet shall be stamped in the same manner and provided back to the Building Official or their designee. F Full reviews shall include structural, non-structural. accessibility. energy, and ventilation requirements as applicable. Partial rev lows shall be indicated herein as either structural or non-structural or as mutually agreed upon Initial reviews shall he within the timelines identified below. Page 12 ot 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 fik 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 Liquidfiks tile link,a SharePoint file link.an HP P link,a cloud-based file link. The County application materials generally shall be available within the platform and shall not require tile 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 hack 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 lithe 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 Re.icw Re-Review 10 working days t 1 -- 2 Single-Family i0 working days t 2 \Ae.A i weeks) Stulti-Family 15 -20 working days t 3 - 4 weeks) 10 working days(2 weeks) Page 11 of" Commercial ( 20- 30 working days(4 - 5 weeks) 115 workin&days(3 weeks) 'these timelines are subject to changes to applicable County rules and regulations and RCA as amended. II. the review timelines set forth above may he revised for any given project, upon written consent of both the County and Consultant. I Consultant shall not be held responsible for delays attributable to any force majeure events. For the purposes of this section,an event of force majeure shall mean any cause beyond the control of the either party including but not restricted to. acts of God, flood, drought. earthquake. storm, fire. lightning. epidemic. war, riot. civil disturbance or disobedience. labor dispute, labor or material shortage.sabotage,acts of public enemy.explosions,orders. regulations or restrictions imposed by governmental. military, or lawfully established civilian authorities, which. in any of the foregoing cases, by exercise of due diligence such party could not reasonably have been expected to avoid. and which, by the exercise of due diligence. it has been unable to overcome. Force majeure does not include (i)a failure of performance that is due to an affected party's own negligence or intentional wrongdoing: 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 Lyon 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. .c Mechanical & plumbing inspections. C Inspector shall pros ide building inspections in accordance with the Building Codes.except that inspector shall obtain approval from the Building Official or their designee on any Page I of22 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 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. 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. Rev iew of supplemental plans or deferred submittals(information not provided at time of initial review but required for plan approval, i.e..truss specification/plans, mechanical. C plumbing,etc.)shall be charged at the hourly rates identified in the l.abor 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 rev iew 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 sery ices 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" Fee Resolution or ordinance. fhe plan review fee shall he determined by the County and the proposed plan rev iew fee amount shall be submitted to Consultant for each protect for review and approval. 1 Billing statements shall be issued for reviews that receive a full initial review in the preceding month or other acceptable time period A full initial review shall constitute an {'age l 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 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. ti. 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 16ot22 L I't11(` µ BM JAYMENTo All applicable County building permit fees arc outlined in JCC 15.05.030(1 I adopts the International Building Code, with exceptions. in Chapter 51-50 W AC. using the metric provided by the ICC Building Evaluation Table below. FM Pas FN Afea fat DAt1E1tM FOR ALL corsitiumelliABIPRINts Building Permit lees sive be based upon valuation The valuation shall be determined by the&aiding Official fw most prote( the square footage costs in the frost current Soldtrtg Valuation Data Table pubished by the international Code Counc f(KC) may be employed for protects not cowered by the table construction estimation toots such as Constrixtion Cost Data by ft S Means or the SN1 Construction Costboot may be referenced at a guile bm,rxstratne fee includes a technoiop fee anal to 2x of the tool bufibng permit cost Vernwt fees shall be calculated from vitiation in the following manner Venation Coatrip nelog Permit Fee SO SSOO S30 00 $501 S2.000 S30 00 for the frost SSOO 00 Was SA 00 for each additional S 100 or traction thereof,to and"chiding 52000 52.001 $2S 000 S90 00 for the first 52.000 00 plus 51 f SO for each addrttonsal S1.000 or fraction thereof to and vtcsixbng S2S.000 525.001 SS0.000 S412 SO to ire first 52S.000 00 plus S12 SO for each additional 51.000 or fraction thereof.to and including SS0.000 $50 001 S 100.000 Sa05 00 for the first$50,000 00 plus S9 00 for each additional S 1 000 or fraction thereof,to and.ncludrng 5100.000 S 100 001 $500 000 S 1 255 00 for the first S 100,000 00 plus Si IS for each additana;S 1000 or fraction thereof,to and awhndtng SS00.000 5500 001 $1.000.000 Sa 1 SS 00 for the hist S500.000 00 plus S6 00 for each additional S1.000 or fraction thereof to and including S1 000,000 S 1.000.001 SS.000.000 S7.155 00 for the fest S 1.000.000 00 plus SA 00 for each additional$1.000 00 or fraction thereof to an including SS 000,000 SS.000001 and .p $23 ISS 00 for the fist SS 000.00000 Pius S 3 00 for each additional SLOW 00 or fraction thereof LABOR RATE SCHEDULE Classification Hourly Rate Principal Consultant (Sr. Plans Examiner or B.O.) SI60 Combination Building Inspector S92 Plans Examiner I -non-structural S 150 Structural PI, t S I95 Administration Clerical Assistance `S75 Tr,rel lime 60%of Hourly Rate + Mileage I. 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 role 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 tees 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: (vnunerLiul anJ tlu(ri l until, Pr<<It:rt, Percentage of Plan Review Fee Valuation <S2,000,000 Valuation S2.000.000 To S5,000.000 Complete Plan Review 75°0 70°'0 Partial Plan Review 60% 500,0 (structural only or nonstructural only 4 Valuation 55.000,00I toi Valuation S10.000,001 S10,000,000 and up Complete Plan Reriev 60°e ; 501.0 Partial Plan Review 40•0 ;co° (structural only or nonstructural only _ Sinili Family Protects Pace 18 At-„ Complete Plan Review 75%of Plan Re‘iem, Fee Partial Plan Review 50%of Plan Rev iew Fee (structural only or nonstructural only) Residential: (Single Family Dwelling) A. Full Plan Rcvim: Includes structural, non-structural Fire & Life Safety. mechanical. plumbing. State Energy. and applicable items in the County's Municipal Code. Non-Residential: Full Plan Review: Includes structural, non-structural Fire & life Safety. Barrier Free ADA accessibility and or State Energy Code. Mechanical I/MCi and or Plumbing(('PC) C. Partial Plan Review: Will consist of one of the following: • IBC non-structural Fire & Life Safety including mechanical when issued as a part of a combination building permit. State Energy and Barrier Free ADA accessibility review. or. • IBC Structural()NI Y. D MechanicaliPl_umbing. (issued as a separateptrmit). 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 14 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) 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"andr'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°i° 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 Sersices 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 l;pon 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. h Structural inspections: c Energy code inspections: d Barrier free ADA inspections. or. c Mechanical & plumbing inspections C. Inspector will provide building inspections in accordance with the currently adopted International Codes. Va ashington State Building Code (WAC 51 -501 and 51-511. and Energy Code (1k.AC 51-I 11. and the applicable County Building ( odes. 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 l.abor Rate Schedule B In-house plan review and other sery ices 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 Counts 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 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 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 22of22