Loading...
HomeMy WebLinkAbout091216_ca02Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Patty Charnas, Director, DCD Jodi Adams, Office Coordinator, DCD DATE: Septembr 12, 2016 SUBJECT: Consultant Contract — WC -3 STATEMENT OF ISSUE: The Department of Community Development (DCD) has a need for training assistance for building staff. The purpose of this Contract is to provide plans examination review training to Jefferson County Department of Community Development (DCD) personnel specifically with respect to State and Federal plans examination certification requirements. The goal of this training is to empower DCD personnel with the requisite knowledge, skill and ability to successfully take the necessary certification exam and acquire proper certification for residential plans examination. ANALYSIS: A proposed contract for training consultant services with WC -3 is included with this memo. The contract has been reviewed and approved as to form by the County's Prosecuting Attorney. FISCAL IMPACT/COST-BENEFIT ANALYSIS: The contract amount is $3,500, and is to be paid for by the DCD Training Budget. RECOMMENDATION: Approve the contract with provided with this agenda request. �.1 p Morey, unty Administrator Date PROFESSIONAL SERVICES AGREEMENT FOR WEST COAST CODE CONSULTANTS, INC. THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and WC -3, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Designation. tion. The Consultant is retained by the County to provide training in plan review for the building department. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed. Consultant receipt of a Purchase Order shall constitute said notice. Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "A" 4. Pa3ment. The Consultant shall be paid by the County for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $3,500 without express written modification of the agreement signed by the County. b. The consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date, up to 80% of total project costs. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant'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 three (3) years after final payments. Copies shall be made available upon request. CONSULTANT AGREEMENT Building Plan Review Training Consultant — WC -3 Pagel of 8 Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant 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 Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant 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. Consultant shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. Insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: If and only if the Consultant 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 Consultant, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located. 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 CONSULTANT'S performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual/Commercial Liability — including completed operations; d. Premises — Operations Liability (M&C); e. Independent Contractors and subcontractors; CONSULTANT AGREEMENT Building Plan Review Training Consultant — WC -3 Page 2 of 8 f. Blanket Contractual Liability. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Consultant 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 of the requirements stated herein. Failure of the Consultant to take out and/or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that 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 so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that 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. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. CONSULTANT AGREEMENT Building Plan Review Training Consultant — WC -3 Page 3 of 8 If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Consultant 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 Consultant to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. 9. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. 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 Consultant, or any employee of Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County shall have the right to annul this contract 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. 11. Discrimination Prohibited. The Consultant will not discriminate against any person in performance of Consultant's services under this Agreement or in the selection and retention of employees or procurement of materials or supplies on the basis of age, sex, marital status, sexual orientation, religion, creed, race, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 13. Non -Waiver. Waiver by the County of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. CONSULTANT AGREEMENT Building Plan Review Training Consultant — WC -3 Page 4 of 8 14. Disputes. Differences, disputes and disagreements between the Contractor and the County arising under or out of the Contract will be brought to the attention of the County at the earliest possible time so that the matter may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance or compensation due the Contractor will be decided by the county Administrator. All rulings, orders, instructions and decisions of the County Administrator will be final and conclusive. 15. Termination. a. The County reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the County, if the County so chooses. 16. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Community Development 621 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: West Coast Code Consultants, Inc. 19109 36th Ave. W Suite 207 Lynnwood, WA 98036 17. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both County and Consultant. CONSULTANT AGREEMENT Building Plan Review Training Consultant — WC -3 Page 5 of 8 SIGNATURE PAGE DATED this day of , ?p SIGNATURE PAGE JEFFERSON COUNTY BOARD OF COMMISSIONERS Martha (Marty) Date Kathleen Kler, Chair �'knagier WC-3 Regional Phil Johnson, Member David W. Sullivan, Member Approved s to form only: Michael Naas ✓ bate Prosecuting Attorney arnas Jbate Community Development Director CONSULTANT AGREEMENT Building Plan Revim Training Consultant — WC -3 Page 6 of 8 Attachment A Scope of Work Purpose: The purpose of this Contract is to provide plans examination review training to Jefferson County Department of Community Development (DCD) personnel specifically with respect to State and Federal plans examination certification requirements. The goal of this training is to empower DCD personnel with the requisite knowledge, skill and ability to successfully take the necessary certification exam and acquire proper certification for residential plans examination. Nothing in this training is expected to guarantee certification; the intent, rather is to equip DCD personnel with the breadth of knowledge necessary. Tasks: 1. Prepare and submit a work plan and schedule for training and coaching DCD staff in plans examination. a. Deliverable: Work Plan and Schedule i. Consultant estimated expenditures budget (training visits to DCD; salariesibenefits; supplies/travel b. Target Date: Within 15 days of Execution 2. Building Code Training and Coaching for Certification During the term of this Contract, the Consultant will specifically assist staff in learning how to properly review a variety of residential building plans (including residential appurtenances). The goal and outcome of this training is to equip DCD staff with knowledge, skill and resources to enhance their skill level and efficiency in plans examination in a sustainable and reproducible fashion.; i.e. assist in obtaining of ICC certification for residential plan review a. Deliverable: Training and Hands-on Plans Examination Assistance and Coaching b. Target Date: Per Schedule Described in Consultant -submitted Work Plan 3. Additional Cooperative Reviews The Consultant may perform additional reviews beyond the initial and (1) recheck beyond those included in training and coaching when authorized by the County, at an hourly rate as specified and described in Attachment B. These will occur cooperatively as additional training opportunities for and with DCD staff. CONSULTANT AGREEMENT Building Plan Review Training Consultant — WC -3 Page 7 of 8 Attachment B Compensation & Time -line BUILDING CODE REVIEW FEE STRUCTURE Single Family, Multi -Family, and Commercial Full Review Valuation of Construction Fixed Fee Plan Review Based on County Plan Review Fee (% of Building Dept. Plan Review Fee) Hourly Rate (Reviews beyond the initial and (1) recheck) $1 to $500 Flat Rate $250 $110 $501 to $2,500,000 65% $110 $2,500,001 and above 55% $110 Additional Services: Additional Services may be provided as needed as mutually agreed. Services which are not specifically described may be added upon mutual agreement. Training and Coaching Building and code related training are provided at the hourly rate of $85 per hour. Hourlv Review Rates: Hourly rates apply if third review comments are needed, or if review is requested after approval of documents has occurred. The above fees include all labor, material and expenses required for completion of these service. In addition to the hourly rate, reimbursable expenses may be assessed including tolls, ferry fees, cost of overnight accommodations, meals, mileage, printing or similar expenses as needed in order to accomplish the planned two-day training in Port Townsend. All expenses outside the planned two-day trip to Port Townsend may be added upon mutual agreement. Timeline Schedule or Plan Review First Review 10 Working Days Recheck Reviews 5 Working Days Invoicing • Invoices shall be submitted on a monthly basis with all supporting documents required by the County and the Consultant. • Invoices shall be submitted electronically to the County by the 10th day of each month. • The County shall notify the Consultant of any discrepancy, and the Consultant shall correct accordingly. • Invoices shall be paid within a maximum of 30 days of receipt, unless agreed differently by the County and Consultant. CONSULTANT AGREEMENT Building Plan Review Training Consultant — WC -3 Page 8 of 8