HomeMy WebLinkAboutBHC Consultants JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Phil Cecere, Building Official/Fire Marshal
DATE: 9/3/2024
SUBJECT: Contract extension for on-call consultant for building review and inspection
STATEMENT OF ISSUE:
The Department of Community Development (DCD)has a need to extend an existing contract with a vendor
that provides on-call building plan review and inspection services.
ANALYSIS:
DCD has seen a need for capacity for plan review following a building permit application surge. A relatively
large number of permits were applied for in a short period of time prior to March 15, 2024. These
applications were submitted in an attempt to vest under(then) current code before a statewide building code
and energy code cycle change. DCD also has staff training for plans examination responsibilities, and plans
received from multiple reviewers serves as a training aide.
FISCAL IMPACT:
The services retained for this contract are collected in the form of permit fees. The services used are in lieu
of services from county employees. The cost of service still allows for the administrative cost to route
permits, manage consultants, and build inspection cases.
RECOMMENDATION:
Staff recommends that the Board approve the contract extension
REVIEWED BY:
Mark McCauley, ounty Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: BHC Consultants LLC Contract NO: 2023-DCD-BHC
Contract For: On call plan review and inspection services Term: Through August 31, 2028
COUNTY DEPARTMENT: Department of Community Development
Contact Person: Chelsea Pronovost
Contact Phone: 360-379-4494
Contact email: cpronovost@co.jefferson.wa.us
AMOUNT: $30,000 PROCESS: Exempt from Bid Process
Revenue: _ Cooperative Purchase
Expenditure: $30,000 Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # ,� RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: n N/A:17] 7/ 08/26/2024
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: Ei N/A: , 08/26/2024
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 8/28/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 8/27/2024.
Contract amendment.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
Organization and Address
Supplemental Agreement
Number 1 BHC Consultants LLC
950 Pacifica Ave. STE 905
Agreement Number 2023DCD-BHC Tacoma, WA 98402
Project Number Phone
(360)227-9643
Project Title Driginal Contract Current Contract Estimated Contract
Professional Services Agreement for Not to Exceed: Balance: Supplement:
Comprehensive Plan Periodic Review $30,000 $6,045 $30,000
Description
Supplement No. 1 to Professional Services Agreement for On Call Review and Inspection Services is
appended with: (1) "Exhibit C 2023-Supplement"adding$30,000 to the contract amount with a new not to
Exceed amount of$60,000.
The Local Agency of Jefferson County desires to supplement the agreement entered into
with BHC Consultants LLC and executed on August 21, 2023 and identified as
Agreement No. 2023 DCD-BHC Professional Services Contract for On call Plan review and
Inspection services
All provisions in the basic Professional Services Contract, dated August 21, 2023 as amended by remain
in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 4.Payment, paragraph 4.a. is hereby changed to read as follows:
a.Payment for the work provided by Consultant shall be made as provided on Exhibit B attached hereto,
provided that the total amount of payment to Consultant shall not exceed $60,000 without the express
written modification of tis Agreement signed by the County.
Page 1 of 2
II
Signatures indicate agreement to the changes as stated in this Supplement#1 to the Professional Services
Contract for On Call Plan review and Inspection Services.
DATED this day of 2024.
BHC Consultants LLC. COUNTY OF JEFFERSON
Consultant BOARD OF COMMISSIONERS
Consultant's Signature Kate Dean,Chair
Date Heidi Eisenhauer,Member
Greg Brotherton, Member
Approved as f only this 27th day of August 2024.
7)72 for
Philip C. Hunsucker, Chief Civil Deputy Prosecuting
Attorney
Page 2 of 2
PROFESSIONAL SERVICES AGREEMENT FORON CALL REVIEW AND
INSPECTION SERVICES
THIS PROFESIONAL SERVICES AGREEMENT FOR ON CALL REVIEW and
INSPECTION SERVICES ("this Agreement") is entered into between the County of Jefferson,
a municipal corporation ("the County"), and BHC Consultants, LLC (UBI Number: 602 774 584,
"the Contractor"), in consideration of the mutual benefits,terms, and conditions specified below.
I. Project Designation. The Contractor is retained by the County to perform the following
Project: On Call Review and Inspection Services.
2. Scone of Services. The Contractor agrees to perform On Call Review and Inspection
Services including,but not limited to plan review inspection all labor identified on Exhibit
«A„
3. Time for Performance. This Agreement shall commence on 1 August 2023 and continue
through 31 July 2028. Work performed consistent with this Agreement during its term,
put prior to the adoption of this Agreement, is hereby ratified. The Contractor shall perform
all services pursuant to this Agreement as outlined above in Section 2.
4. Payment. The Contractor shall be paid by the County for completed work and for services
rendered under this Agreement as follows:
a. Payment for the work provided by the Contractor shall be made as provided on
Exhibit "B" attached hereto, provided that the total amount of payment to the
Contractor shall not exceed $30,000 without express written modification of this
Agreement signed by the County.
b. Invoices must be submitted by the 15`h of the month for the previous month's
expenses. Such invoices shall be checked by the County,and upon approval thereof,
payment shall be made to the Contractor in the amount approved. Failure to submit
timely invoices and reports pursuant to Exhibit "B" of this Agreement may result
in a denial of reimbursement. Invoices not submitted within 60 days may be denied.
c. Final payment of any balance due the Contractor of the total contract price earned
shall be made promptly upon its ascertainment and verification by the County after
the completion of the work and submittal of reports under this Agreement and its
acceptance by the County.
d. Consultant shall be paid all reasonable and necessary work. Consultant shall bill
time in quarter hour increments and provide a reasonable description of the work
performed. Quarter hour increments shall be the minimum billing increment for
invoices. Consultant shall provide invoices and necessary backup documentation
for all services including timesheets and statements (specifying the services
provided).
Page 1 of 22
e. The Contractor's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the County and state for a period of
six (6) years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All non-confidential or de-identified documents,
drawings, specifications, and other materials produced by the Contractor in connection
with the services rendered under this Agreement shall be the property of the County
whether the project for which they are made is executed or not. The Contractor shall be
permitted to retain copies, including reproducible copies, of drawings and specifications
for information, reference and use in connection with the Contractor's endeavors. The
Contractor shall not be held liable for reuse of documents or modifications thereof,
including electronic data, by County or its representatives for any purpose other than the
intent of this Agreement.
6. Compliance with laws. The Contractor shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations,applicable to the services to be rendered under this Agreement.
7. Indemnification. The Contractor shall indemnify and hold harmless the County, its past or
present employees, officers, agents, elected or appointed officials or volunteers (and their
marital communities),from and against all claims, losses or liability,or any portion thereof,
including reasonable attorney's fees and costs, arising from injury or death to persons,
including injuries,sickness,disease or death to the Contractor's own employees,or damage
to property occasioned by a negligent act, omission or failure of the Contractor. The
Contractor shall be liable only to the extent of the Contractor's proportional negligence.
The Contractor specifically assumes potential liability for actions brought against the
County by the Contractor's employees, including all other persons engaged in the
performance of any work or service required of the Contractor under this Agreement and,
solely for the purpose of this indemnification and defense, the Contractor specifically
waives any immunity under the state industrial insurance law, Title 51 R.C.W. The
Contractor recognizes that this waiver was specifically entered into pursuant to provisions
of R.C.W.4.24.115 and was subject of mutual negotiation.
8. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage in
force during the terms of this Agreement.
a. Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or
used in the performance of the work for a combined single limit of not less than
$500,000 each occurrence with the County named as an additional insured in
connection with the Contractor's performance of this Agreement. This insurance
shall indicate on the certificate of insurance the following coverage: (a) Owned
automobiles; (b) Hired automobiles; and, (3)Non-owned automobiles.
Page 2 of 22
b. Commercial General Liability Insurance in an amount not less than a single limit
of one million dollars($1,000,000)per occurrence and an aggregate of not less than
two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury,
including death and property damage, unless a greater amount is specified in the
contract specifications. The insurance coverage shall contain no limitations on the
scope of the protection provided and include the following minimum coverage:
i. Broad Form Property Damage, with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability — including coverage for
products and completed operations;
iv. Premises—Operations Liability(M&C);
v. Independent Contractors and subcontractors;
vi, Blanket Contractual Liability.
c. Professional Liability Insurance. The Contractor shall maintain professional
liability insurance against legal liability arising out of activity related to the
performance of this Agreement, on a form acceptable to Jefferson County Risk
Management in the amounts of not less than $1,000,000 Each Claim and
$2,000,000 Aggregate. The professional liability insurance policy should be on an
"occurrence" form. If the professional liability policy is "claims made," then an
extended reporting periods coverage(tail coverage)shall be purchased for three(3)
years after the end of this Agreement, at the Contractor's sole expense. The
Contractor agrees the Contractor's insurance obligation to provide professional
liability insurance shall survive the completion or termination of this Agreement
for a minimum period of three(3)years.
d. The County shall be named as an "additional named insured" under all insurance
policies required by this Agreement, except Professional Liability Insurance when
not allowed by the insurer.
e. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of
Credit from a qualified financial institution.
f. The Contractor shall furnish the County with properly executed certificates of
insurance that, at a minimum, shall include: (a) The limits of overage; (b) The
project name to which it applies; (c) The certificate holder as Jefferson County,
Washington and its elected officials, officers, and employees with the address of
Jefferson County Community Development Department62I Sheridan Street, Port
Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be
canceled or allowed to expire except on thirty (30) days prior written notice to the
Page 3 of 22
County. If the proof of insurance or certificate indicating the County is an
"additional insured"to a policy obtained by the Contractor refers to an endorsement
(by number or name)but does not provide the full text of that endorsement, then it
shall be the obligation of the Contractor to obtain the full text of that endorsement
and forward that full text to the County. Certificates of coverage as required by
this section shall be delivered to the County within fifteen (15) days of execution
of this Agreement.
g. Failure of the Contractor to take out or maintain any required insurance shall not
relieve the Contractor from any liability under this Agreement, nor shall the
insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification of the County.
h. The Contractor's insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies, with the exception of
Professional Liability Insurance, so affected shall protect both parties and be
primary coverage for all losses covered by the above described insurance.
i. Insurance companies issuing the policy or policies shall have no recourse against
the County(including its employees and other agents and agencies)for payment of
any premiums or for assessments under any form of policy.
j. All deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of the Contractor.
k. Any deductibles or self-insured retention shall be declared to and approved by the
County prior to the approval of this Agreement by the County. At the option of the
County, the insurer shall reduce or eliminate deductibles or self-insured retention,
or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
I. Insurance companies issuing the Contractor's insurance policy or policies shall
have no recourse against the County(including its employees and other agents and
agencies) for payment of any premiums or for assessments under any form of
insurance policy.
m. Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement,or any portion thereof, may be withheld from payment
due,or to become due,to the Contractor until the Contractor shall furnish additional
security covering such judgment as may be determined by the County.
n. Any coverage for third party liability claims provided to the County by a "Risk
Pool"created pursuant to Ch.48.62 RCW shall be non-contributory with respect to
any policy of insurance the Contractor must provide in order to comply with this
Agreement.
Page 4 of 22
o. The County may,upon the Contractor's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would
otherwise be due to the Contractor.
p. The Contractor's liability insurance provisions shall be primary and
noncontributory with respect to any insurance or self-insurance programs covering
the County, its elected and appointed officers,officials, employees,and agents.
q. Any failure to comply with reporting provisions of the insurance policies shall not
affect coverage provided to the County, its officers, officials,employees,or agents.
r. The Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
s. The Contractor shall include all subcontractors as insured under its insurance
policies or shall furnish separate certificates and endorsements for each
subcontractor. All insurance provisions for subcontractors shall be subject to all
the requirements stated herein.
t. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they limitations
on indemnification.
u. The Contractor shall maintain all required insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies,
and endorsements expiring before completion of services shall be promptly
replaced. All the insurance policies required by this Agreement shall provide that
thirty (30) days prior to cancellation, suspension, reduction or material change in
the policy, notice of same shall be given to the Jefferson County Risk Manager by
registered mail, return receipt requested.
v. The Contractor shall place insurance with insurers licensed to do business in the
State of Washington and having A.M. Best Company ratings of no less than A-,
with the exception that excess and umbrella coverage used to meet the requirements
for limits of liability or gaps in coverage need not 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 5 of 22
for the term of this Agreement and shall provide evidence of coverage to Jefferson
County Risk Manager, upon request.
b. Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws.This coverage shall include Employer's Liability
with limits meeting all applicable state and federal laws.
c. This coverage shall extend to any subcontractor that does not have their own
worker's compensation and employer's liability insurance.
d. The Contractor expressly waives by mutual negotiation all immunity and
limitations on liability, with respect to the County, under any industrial insurance
act, disability benefit act, or other employee benefit act of any jurisdiction which
would otherwise be applicable in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost
and fees shall be recoverable from the Contractor.
10. Independent Contractor. The Contractor and the County agree that the Contractor is an
independent contractor with respect to the services provided pursuant to this Agreement.
The Contractor specifically has the right to direct and control the Contractor's own
activities, and the activities of its subcontractors, employees, agents, and representatives,
in providing the agreed services in accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties. Neither the Contractor nor any employee of
the Contractor shall be entitled to any benefits accorded County employees by virtue of the
services provided under this Agreement, including, but not limited to: retirement, vacation
pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits; fringe
benefits; or any other rights or privileges afforded to Jefferson County employees. The
County shall not be responsible for withholding or otherwise deducting federal income tax
or social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to the Contractor, or any employee of the
Contractor.
11. Subcontracting Requirements.
a. The Contractor is responsible for meeting all terms and conditions of this
Agreement including standards of service, quality of materials and workmanship,
costs,and schedules. Failure of a subcontractor to perform is no defense to a breach
of this Agreement. The Contractor assumes responsibility for and all liability for
the actions and quality of services performed by any subcontractor.
b. Every subcontractor must agree in writing to follow every term of this Agreement.
The Contractor must provide every subcontractor's written agreement to follow
every term of this Agreement before the subcontractor can perform any services
under this Agreement. The Jefferson County Community Development Director
or their designee must approve any proposed subcontractors in writing.
Page 6 of 22
c. Any dispute arising between the Contractor and any subcontractors or between
subcontractors must be resolved without involvement of any kind on the part of the
County and without detrimental impact on the Contractor's performance required
by this Agreement.
12. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person,other than a bona fide employee working solely for the Contractor,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty,the County shall have the right to annul this Agreement without
liability or, in its discretion to deduct from the contract price or consideration,or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
13. Discrimination Prohibited. The Contractor, with regard to the work performed by it under
this Agreement, shall not discriminate on the grounds of race, color, national origin,
religion, creed, age, gender, sexual orientation, material status, sex, or the presence of any
physical or sensory handicap in the selection and retention of employees or procurement
of materials or supplies.
14. No Assignment. The Contractor shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the County. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
agreement.
15. Non-Waiver. Waiver by the County of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
16. Termination.
a. The County and reserves the right to terminate this Agreement at any time by giving
ten (10)days written notice to the Contractor.
b. In the event of the death of a member, partner, or officer of the Contractor, or any
of its supervisory personnel assigned to the project, the surviving members of the
Contractor hereby agree to complete the work under the terms of this Agreement,
if requested to do so by the County. This section shall not be a bar to renegotiations
of this Agreement between surviving members of the Contractor and the County, if
the County so chooses.
c. The Contractor understands and agrees that County may terminate this Agreement
in whole or in part,with 10 days' notice, in the event that expected or actual funding
from any funding source is withdrawn, reduced, or limited in any way after the
effective date of this Agreement. In the event of termination under this clause, the
Page 7 of 22
County shall be liable for only payment for services rendered prior to the effective
date of termination.
17. Notices. All notices or other communications which any party desires or is required to
give shall be given in writing and shall be deemed to have been given if hand-delivered,
sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the
party at the address listed below or such other address as a party may designate in writing
from time to time. Notices to the County shall be sent to the following address:
Jefferson County Risk Manager
P.O. Box 1220
Port Townsend, WA 98368
Notices to the Contractor shall be sent to the following address:
BHC Consultants
950 Pacific Ave, STE 905
Tacoma, WA 98402
18. Integrated Agreement. This Agreement together with attachments or addenda represents
the entire and integrated Agreement between the County and the Contractor and supersedes
all prior negotiations, representations, or agreements written or oral. No representation
or promise not expressly contained in this Agreement has been made. This Agreement
supersedes all prior or simultaneous representations, discussions, negotiations, and
agreements, whether written or oral, by the County within the scope of this Agreement.
The Contractor ratifies and adopts all statements, representations, warranties, covenants,
and agreements contained in its proposal, and the supporting material submitted by the
Contractor, accepts this Agreement and agrees to all of the terms and conditions of this
Agreement.
19. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
20. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before
they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the
terms of this Agreement shall be submitted in writing within 10 days to the County Risk
Manager, whose decision in the matter shall be final, but shall be subject to judicial review.
If either party deem it necessary to institute legal action or proceeding to enforce any right
or obligation under this Agreement, each party in such action shall bear the cost of its own
attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of
the State of Washington for Jefferson County. The parties agree that all questions shall be
resolved by application of Washington law and that the parties have the right of appeal
from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The Contractor hereby consents to the personal jurisdiction of the Superior
Court of the State of Washington for Jefferson County.
Page 8 of 22
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 Any Waiver of Default. No consent by either party to,or waiver of, a breach by
either party, whether express or implied, shall constitute a consent to, waiver of, or excuse
of any other, different, or subsequent breach by either party.
23. No Oral Waiver. No term or provision of this Agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with, shall not waive such breach or default.
24. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to any
person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
25. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
26. No Assignment. The Contractor shall not sell, assign,or transfer any of rights obtained by
this Agreement without the express written consent of the County.
27. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
28. Signature in Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect as
if all the parties had signed the original.
29. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
30. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at
arms-length, with the assistance and advice of competent, independent legal counsel.
3 I. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to
the extent any record, including any electronic, audio, paper or other media, is required to
be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW, as may hereafter be amended, the Contractor agrees to maintain
all records constituting public records and to produce or assist the County in producing
such records, within the time frames and parameters set forth in state law. The Contractor
further agrees that upon receipt of any written public record request, Contractor shall,
Page 9 of 22
within two business days, notify the County by providing a copy of the request per the
notice provisions of this Agreement. This Agreement, once executed, will be a "public
record" subject to production to a third party if same is requested pursuant to. the
Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended.
32. Confidentiality. With respect to all information relating to County that is confidential and
clearly so designated, as required by the Health Insurance Portability and Accountability
Act (HIPAA) and any other applicable privacy laws, the Contractor agrees to keep such
information confidential. The Contractor shall not disclose, transfer, or sell any such
information to any party, except as provided by law or, in the case of personal information,
with the prior written consent of the person to whom the personal information pertains.
The Contractor shall maintain the confidentiality of all personal information and other
information gained by reason of this Agreement, and shall return or certify the destruction
of such information if requested in writing by Jefferson County.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Page 10 of 22
SIGNATURE PAGE
JEFFER N COUNTY
BO C . SSIONERS
BHC Consultants,LLC JZf/Lj
Name of the Contractor g herton.Chair
Cameron Ochiltree Approved Telephonically
Contractor Representative (Please print) Kat•Ic ean,Member
woo,seamed by Cameron ocwo-.. r / _
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Cameron Ochiltree t,,.,la�inw-
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(Signature) H di , senhour.Member
Executive Vice President
Title
August 3,2023
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Carolyn GatYloway,CMC
DATE $/Z4/2. 5
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker
DATE: August 16, 2023
Chief Civil Deputy Prosecuting Attorney
Page 1 I of 22
EXHIBIT"A"
Jefferson County
On Call Building And Fire Marshal Services
SCOPE OF SERVICES
1. Plan Review
The County shall determine which plans and building permit applications shall be reviewed by
Consultant. Consultant shall review such plans submitted with building permit applications for
structural, non-structural and code compliance in accordance with JCC 15.05.030, which adopts
the International and Uniform Codes adopted by the State of Washington, with exceptions, in
Chapter 51-11 (Washington State Energy Code and Amendments), Chapter 51-50 WAC
(International Building Code), Chapter 51-51 (International Residential Code), Chapter 51-52
WAC (International Mechanical Code), Chapter 51-54 WAC (International Fire Code), and
Chapter 51-56 WAC (Uniform Plumbing Code and Plumbing Code Standards) (collectively
"Building Codes"), except that Consultant shall obtain approval from the Building Official on any
portion of the review that specifically requires the approval of the Building Official as specified in
the Building Codes.
A. The specified services to be performed by Consultant shall be specified in a Letter of
Authorization issued by the Building Official for each set of plans and permit application.
B. Consultant shall not design for applicants, make any structural changes on the plans, or
make any changes that directly contradict other information on the plans.
C. Reviews shall be conducted by Consultant and under direction of the Building Official or
their designee.
D. If corrections or additions are required, Consultant shall write a comment letter addressed
to the applicant.The County or,Consultant at the direction of the Building Official or their
designee, shall provide the comment letter,along with any additional County requirements
to the applicant. The comment letter shall indicate to the applicant that they are required to
submit the revisions/additions once addressed to Consultant per the submittal requirements
or guideline checklists for the permit type under review.
E. When the plans and applications are consistent with the Building Codes, Consultant shall
indicate that the plans and applications have been reviewed and found to be in substantial
compliance with the applicable Building Codes. The reviewer's name and date of
compliance shall be affixed to each sheet of the required digital submittal documents. In
the event digital submittal documents are not available, up to two sets of drawings (as
provided by the applicant) including the cover sheet shall be stamped in the same manner
and provided back to the Building Official or their designee.
F. Full reviews shall include structural, non-structural, accessibility, energy, and ventilation
requirements as applicable. Partial reviews shall be indicated herein as either structural or
non-structural or as mutually agreed upon. Initial reviews shall be within the timelines
identified below.
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2. Process
A. The County reserves the right to determine the process and method of work by Consultant.
At its sole option, the County shall determine if it wishes to contract with Consultant on a
time and materials basis or a percentage basis and as agreed upon by the Building Official
or their designee and Consultant.
B. The County shall notify Consultant in writing which plans and applications are to be
reviewed by Consultant.
C. The County shall intake, track, and process the permit applications and all revisions per
current building and permit administration procedures through in-house platforms which
may include paper or electronic processing. Consultant shall conduct its services on both
these platforms.
D. Electronic application submittal, review, and approval shall be coordinated by the County
through the County platform. Consultant shall identify its staff who shall have user access
to and participate in the County platform. All submittal materials from applicant shall be
digital PDF or other compatible file type (e.g., .jpg or .tiff). Consultant shall perform the
reviews and coordination in the same manner using Bluebeam Revu PDFs and Word
documents.
E. For transmission of application materials received through the in-house platform,electronic
files between the County and Consultant shall be via a file transfer method such as a
Liquidfiles file link,a SharePoint file link, an FTP link,a cloud-based file link. The County
application materials generally shall be available within the platform and shall not require
file transfer. Email may be used on a project-by-project bases at the discretion of the
Building Official or their designee.
F. For transportation of non-electronic documents, Consultant shall be responsible for the
transportation and cost of returning permit review documents back to the County. The
County shall be responsible for the transportation and cost of delivering permit review non-
electronic documents to Consultant.
G. Consultant shall conduct the initial review, revisions or additional information and shall
either indicate compliance with the Building Codes against which it was checked and notify
the County of compliance, or if the drawings are still not as required, contact the applicant
and the County with additional revision requests within the time frames specified below,
unless negotiated otherwise:
Project Type* Initial Review Re-Review
10 working days (I — 2
Single-Family 10 working days (2 weeks) weeks)
Multi-Family 15 -20 working days(3 -4 weeks) 10 working days (2 weeks)
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Commercial 20 -30 working days(4- 5 weeks) 15 working days(3 weeks)
*These timelines are subject to changes to applicable County rules and regulations and RCW as
amended.
H. The review timelines set forth above may be revised for any given project, upon written
consent of both the County and Consultant.
I. Consultant shall not be held responsible for delays attributable to any force majeure events.
For the purposes of this section,an event of force majeure shall mean any cause beyond the
control of the either party including but not restricted to, acts of God, flood, drought,
earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience,
labor dispute, labor or material shortage,sabotage,acts of public enemy,explosions,orders,
regulations or restrictions imposed by governmental, military, or lawfully established
civilian authorities, which, in any of the foregoing cases, by exercise of due diligence such
party could not reasonably have been expected to avoid, and which, by the exercise of due
diligence, it has been unable to overcome. Force majeure does not include (i) a failure of
performance that is due to an affected party's own negligence or intentional wrongdoing;
(ii)any removable or remediable causes (other than settlement of a strike or labor dispute)
which an affected party fails to remove or remedy within a reasonable time;or(iii)economic
hardship of an affected party.
3. Building Inspection Services
Consultant shall provide a certified building inspector, or state licensed Design Professional to
perform the following services on an as-needed, on-call basis for Residential and Commercial
buildings:
A. Upon authorization by the Building Official or their designee, the inspector shall perform
building inspection services for the County.
B. At the request of the Building Official or their designee, the inspector shall be asked to
perform one or more of the following inspection tasks:
I. Non-structural fire and life safety inspections;
2. Structural inspections;
3. Energy code inspections;
4. Barrier free ADA inspections; or,
5. Mechanical & plumbing inspections.
C. Inspector shall provide building inspections in accordance with the Building Codes, except
that inspector shall obtain approval from the Building Official or their designee on any
Page 14 of 22
portion of the review that specifically requires an approval of the Building Official under
the applicable code(s),or that involves an unusual interpretation.
D. Inspections shall be done in accordance with all codes, ordinances and regulations in effect
and shall be performed in a courteous and professional manner. Up-to-date records of
inspection status shall be maintained in the manner required for the specific project and on
the office copy of the permit. Inspections can be negotiated to be in person or virtual remote
inspection, or as requested otherwise by the County. Note: Plan review approvals are not
inspections.
The County shall guarantee a minimum of four(4) hours of inspection work each day inspection
services are provided. Inspection time is calculated portal to portal further explained below.
4. Additional Services Required
A. Pre-permit plan review meetings to review code requirements and County permit
coordination shall be charged at the hourly rates identified in the Labor Rate Schedule.
B. Review of supplemental plans or deferred submittals (information not provided at time of
initial review but required for plan approval, i.e., truss specification/plans, mechanical,
C. plumbing, etc.)shall be charged at the hourly rates identified in the Labor Rate Schedule.
D. Revisions to plans that require additional plan review shall be charged at the hourly rates
identified in the Labor Rate Schedule.
E. Addendums to approved plans that require additional plan review shall be charged at the
hourly rates identified in the Labor Rate Schedule.
F. Attendance of meetings in person or remotely when requested by the County shall be
charged at the hourly rates identified in the Labor Rate Schedule.
G. All other review services and reviews in excess of two(the initial review plus one re-check)
shall be paid on a time-and-expense basis using the applicable hourly rate identified in the
Labor Rate Schedule.
H. In-house plan review and other services shall be provided as desired by the County and
agreed upon by Consultant on a time-and-expense basis using an hourly rate identified in
the Labor Rate Schedule.
1. Valuation figures used to determine the plan review fees shall be calculated based on the
County's Fee Resolution or ordinance. The plan review fee shall be determined by the
County and the proposed plan review fee amount shall be submitted to Consultant for each
project for review and approval.
J. Billing statements shall be issued for reviews that receive a full initial review in the
preceding month or other acceptable time period. A full initial review shall constitute an
Page 15 of 22
earned fee for both the County and Consultant. Each statement shall include the permit
application number and owner or project name of the plans reviewed with the fee.
K. The County shall have the right to withhold payment to Consultant for any work not
completed in a satisfactory manner until such time that Consultant modifies such work to
the satisfaction of the County.
L. Hourly rates shown are portal to portal from inspector's residence or the Consultant'office,
whichever is less for on-call services.
M. All mileage included by Consultant shall be reimbursed at the most current IRS rate at the
time of service, or as negotiated and mutually agreed upon by Consultant and the County
for fixed mileage rate. Mileage shall not be assessed on travel using client supplied vehicle.
N. Consultant staffs normal workdays are Monday through Friday (8am-5pm, PST). Office
work on Saturdays,Sundays or County Holidays shall be performed only at specific request
of the County. Billing for work performed outside normal work hours or on Saturdays,
Sundays, or County Holidays shall be at 150%of the rates shown above.
O. This Labor Rate Schedule is effective as of January I, 2023 and shall be effective for the
duration of this Agreement or until amended and mutually agreed upon by Consultant and
the County.
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EXHIBIT "B"
PAYMENT
All applicable County building permit fees are outlined in JCC 15.05.030(I) adopts the
International Building Code, with exceptions, in Chapter 5 1-50 WAC, using the metric provided
by the ICC Building Evaluation Table below.
Fee Type l Fee Amount
D.7GMENAL REQUIREMENTS MR ALL ONISTRULTION4KIATED PERMITS
Building Permit fees shah be based upon valuation. The valuation shall be determined by the Bolding Official.For most proiec
the square footage costs in the most current Building Valuation Data Table published by the international Code Council(ICC)
may be employed.For projects not covered by the table construction estimation tools such as Construction Cost Data by A.S.
Means or the BNI Construction Costbook may be referenced as a guide.
Administrative Fee-Includes a technology fee equal to 2%of the total building permit cost.
Permit fees shall be calculated from valuation in the following manner:
Valuation Correspondfirtg Permit Fee
50-$500 530.00
5501-$2,000 $30.00 for the first$500.00 plus$4.00 for each additional$100
or fraction thereof,to and including 52,000.
$2,001-525,000 S90 00 for the first$2.000.00 plus$17.50 for each additional$1.000
or fraction thereof,to and including 525.000
525,001 -$50,000 ~ $492.50 for the first$25,000.00 plus$12.50 for each additional 51,000
or fraction thereof,to and ncluding 550,000.
550,001-5100,000 $805.00 for the first$50,000.00 plus$9 00 for each additional$1,000
or fraction thereof,to and including$100,000.
5100,001-S500.000 51,255 00 for the first 5100,000 00 plus$7.25 for each additional 51.000 or
fraction thereof,to and including$500,000.
$500,001-51,000,000 $4.155.00 for the first 5500,000.00
plus$6.00 for each additional 51,000 or fraction thereof,
to and including 51,000,000.
51,000,001-$5,000,000 57.155 00 for the first 51,000,000.00
plus 54.00 for each additional$1,000.00 or fraction thereof,
to an including 55,000,000.
55,000.001 and up $23.155.00 for the first$5,000.00000
plus 53.00 for each additional$1,000.00 or fraction thereof
Page 17 of 22
LABOR RATE SCHEDULE
Classification Hourly Rate
Principal Consultant (Sr. Plans Examiner or B.O.) $160
Combination Building Inspector $92
Plans Examiner 1 —non-structural $150
Structural P.E. $195
Administration/Clerical Assistance $75
Travel Time 60%of Hourly Rate +Mileage
1. Plan Review Fee
The following fee determination criteria is intended to include the review of plans sent to
Consultant for review and approval. The reviews will typically be for new construction,
substantial remodel, and alterations of both residential and commercial structures. Incidental
over-the-counter plan review performed by Consultant staff while on-site at the County will be
included as part of tasks performed upon request at the hourly rate identified in the Labor Rate
Schedule.
LUMP SUM: The County shall pay Consultant a lump-sum fee for performing an initial review
and one recheck for each project. The fee shall be based on a percentage of the plan review fee
as tabulated below or as mutually agreed upon between the County and Consultant. The plan
review fee shall be based on the fees charged by resolution for the County. At the request of the
County and in concurrence by Consultant, plan review fees may be determined to be charged at
the hourly rates as identified in the Labor Rate Schedule as opposed to the following"fixed fee"
rates:
Commercial and Multi-Family Projects ' Percentage of Plan Review Fee
Valuation<$2,000,000 I Valuation $2,000,000
To$5,000,000
Complete Plan Review 75% 70%
Partial Plan Review 60% 50%
(structural only or nonstructural only)
Valuation $5,000,001 to Valuation S10,000,001
$10,000,000 and up
Complete Plan Review 60% 50%
Partial Plan Review 40% 35%
(structural only or nonstructural only)
Single Family Projects
Page 18 of 22
Complete Plan Review 75%of Plan Review Fee
Partial Plan Review 50%of Plan Review Fee
(structural only or nonstructural only)
Residential: (Single Family Dwelling)
A. Full Plan Review:
Includes structural, non-structural Fire & Life Safety, mechanical, plumbing, State
Energy, and applicable items in the County's Municipal Code.
Non-Residential:
B. Full Plan Review:
Includes structural, non-structural Fire & Life Safety, Barrier Free ADA accessibility
and/or State Energy Code, Mechanical(IMC)and/or Plumbing(UPC).
C. Partial Plan Review:
Will consist of one of the following:
* IBC non-structural Fire & Life Safety including mechanical/plumbing when
issued as a part of a combination building permit, State Energy and Barrier Free
ADA accessibility review; or,
* IBC Structural ONLY.
D. Mechanical/Plumbing:(issued as a separate permit).
When permit for such work is issued separately from a building combination permit and
the permit fee is based on valuation of such work separate from the building permit, the
fee will be assessed at the partial review percentage noted above. If the permit fee is
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based on a unit fee per the IMC or UPC, the fee will be charged at the hourly rate as
identified in the Labor Rate Schedule.
E. Attachment"B" Labor Rate Schedule will be utilized for ail hourly fees unless negotiated
otherwise between Consultant and the County.
F. Fixed Fee plan review includes the initial plan review plus one (1) recheck. When
substantial revisions occur to previously reviewed and/or approved plans, additional fees
shall be charged at the hourly rates identified in the Labor Rate Schedule.
G. All "fixed fee"and/or"hourly"projects shall have a minimum fee of$250 to cover set up,
tracking,coordination,and initial review.
H. Expedited plan review services are available upon request. Fee is negotiated based on
timeline requested at a rate of 150% to 200% of the hourly rates identified in the Labor
Rate Schedule or as negotiated otherwise. Once the fee is negotiated the County is to
inform the applicant of the fee ahead of the notice to proceed. Billing for authorized
expedited services will be identified in the statement further described below.
I. A joint Consultant plan review and County split review option may be negotiated prior to
the start of the project.
2. Building Inspection Services
Consultant will provide a certified building inspector, certified building official or state licensed
Architect to perform the following services on an as-needed, on-call basis for Residential and
Commercial buildings:
A. Upon authorization by the County,the inspector will perform building inspection services
for the County.
B. At the request of the County, the inspector shall be asked to perform one or more of the
following inspection tasks:
a. Non-structural fire and life safety inspections;
b. Structural inspections;
c. Energy code inspections;
d. Barrier free ADA inspections; or,
e. Mechanical & plumbing inspections.
C. Inspector will provide building inspections in accordance with the currently adopted
International Codes, Washington State Building Code (WAC 51-50 and 51-51), and
Energy Code (WAC 51-1 I), and the applicable County Building Codes, except that
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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 no! inspections.
The County shall guarantee a minimum of four(4) hours of inspection work each day inspection
services are provided. Inspection time is calculated portal to portal further explained below.
3. Additional Services Required
A. Pre-permit plan review meetings to review code requirements and County permit
coordination will be charged at the hourly rates identified in the Labor Rate Schedule.
B. Review of supplemental plans or deferred submittals(information not provided at time of
initial review but required for plan approval, i.e., truss specification/plans, mechanical,
plumbing, etc.)will be charged at the hourly rates identified in the Labor Rate Schedule.
C. Revisions to plans that require additional plan review will be charged at the hourly rates
identified in the Labor Rate Schedule.
D. Addendums to approved plans that require additional plan review will be charged at the
hourly rates identified in the Labor Rate Schedule.
E. Attendance of meetings in person or remotely when requested by the County will be
charged at the hourly rates identified in the Labor Rate Schedule.
4. Additional
A. All other review services and reviews in excess of two (the initial review plus one re-
check) shall be paid on a time-and-expense basis using the applicable hourly rate
identified in the Labor Rate Schedule.
B. In-house plan review and other services will be provided as desired by the County and
agreed upon by Consultant on a time-and-expense basis using an hourly rate identified in
the Labor Rate Schedule.
C. Valuation figures used to determine the plan review fees will be calculated based on the
County's Fee Resolution or ordinance. The plan review fee will be determined by the
County and the proposed plan review fee amount shall be submitted to Consultant for
each project for review and approval.
Page 21 of 22
D. Billing statements will be issued for reviews that receive a full initial review in the
preceding month or other acceptable time period. A full initial review shall constitute an
earned fee for both the County and Consultant. Each statement will include the permit
application number and owner or project name of the plans reviewed with the fee.
E. The County shall have the right to withhold payment to Consultant for any work not
completed in a satisfactory manner until such time that Consultant modifies such work to
the satisfaction of the County.
F. Hourly rates shown are portal to portal from inspector's residence or the Tacoma office,
whichever is less for on-call services.
G. All mileage included by Consultant will be reimbursed at the most current IRS rate at the
time of service, or as negotiated and mutually agreed upon by Consultant and the County
for fixed mileage rate. Mileage will not be assessed on travel using client supplied vehicle.
H. Consultant staffs normal workdays are Monday through Friday(8am-5pm, PST).Office
work on Saturdays, Sundays or County Holidays will be performed only at specific
request of the County. Billing for work performed outside normal work hours or on
Saturdays, Sundays,or County Holidays shall be at 150%of the rates shown above.
I. The Labor Rate Schedule is effective as of January 1, 2023 and shall be effective for the
duration of this Agreement or until amended and mutually agreed upon by Consultant and
the County.
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