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CONSULTANT AGREEMENT
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THIS CONSULTANT AGREEMENT ("Agreement") is made as of the � day of.A��/P�1Pr, 2015
(the "Effective Date") by and between the City of Renton, a noncharter code city under RCW
35A, and a municipal corporation under the laws of the State of Washington
(hereinafter "Renton"), and BHC Consultants, LLC., (hereinafter "Consultant"), who are ,
collectively referred to as the "Parties", for structural and non-structural plan review services,
verifying compliance to Renton City Code requirements.
Renton and Consultant, for full mutual consideration as more specifically detailed below, agree:
� 1. Scope of Services. The Consultant will provide professional services, including
but not limited to all necessary labor and/or supervision, as specified in the attached Scope of
Services (Exhibit A), attached and fully incorporated into this Agreement by reference. This
Agreement is the entire agreement of the Parties and supersedes all prior oral or written
representation or understandings. This Agreement may only be amended by written agreement
of the Parties. The Scope of Services may be amended only as provided in this Agreement, in
Section 2. "Services" shall mean professional services, work, labor and/or supervision.
2. Changes in Scope of Services. Renton, without invalidating this Agreement, may
order changes in the services consisting of additions, deletions or modifications, and adjust the
fee accordingly. Such changes in the services shall be authorized by written agreement signed
by Renton and Consultant. If the project scope requires less time, a lower fee will be charged. If
additional work is required, Consultant will not proceed without a written change order from
Renton. If any provision of this Agreement is held to be invalid, the remainder of the
Agreement shall remain in full force and effect to serve the purposes and objectives of this
Agreement.
3. Time of Performance. Consultant shall complete performance for the items
under Consultant's control in accordance with Exhibit A. If items not under Consultant's control
impact the time of performance, Consultant will immediately notify Renton in writing.
4. Term of Consultant Agreement. The term of this Agreement shall end at
completion of the Scope of Services identified in Exhibit A, but no later than December 31,
2015. The Parties may, upon mutual written agreement, extend this Agreement to accomplish
change orders.
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5. Consultant Agreement Sum. Renton shall make payment for services to
Consultant for completed services consistent with and as provided in the attached Scope of
Services (Exhibit A) attached and fully incorporated into this Agreement by reference. Such
payment shall be the full compensation for services rendered and for all labor, materials,
supplies, equipment and incidentals necessary to complete the services.
The total amount of this Agreement is not to exceed the sum of Twenty thousand
dollars and no cents ($20,000). Washington State Sales Tax is not required. Renton, in entering
into this Agreement, does not guarantee that any services will be requested nor guarantees any
specific dollar amount of services during the term of this Agreement.
6. Method of Payment. Payment by Renton for services rendered will be made
after a voucher or invoice is submitted in the form specified by Renton. Payment will be made
within thirty (30) calendar days after receipt of such voucher or invoice. Renton shall have the
' right to withhold payment to Consultant for any work not completed in a satisfactory manner
until such time as Consultant modifies such services so that the same is satisfactory to Renton.
7. Record Maintenance and Work Product. Consultant shall maintain accounts and
records, which properly reflect all direct and indirect costs expended and services provided in
the performance of this Agreement. Consultant agrees to provide Renton with access to any
records. All originals and copies of work product, exclusive of Consultant's proprietary items
protected by copyright such as computer programs, methodology, methods, materials, and
forms, shall belong to Renton, including records, files, computer disks, magnetic media or
material which may be produced by Consultant while performing the services. Consultant will
grant Renton the right to use and copy Consultant copyright materials as an inseparable part of
the work product provided.
8. Assignment Agreement. The Consultant shall not assign any portion of this
consultant Agreement without the City of Renton's express written consent.
9. Hold Harmless. Consultant shall indemnify, defend and hold harmless Renton, its
elected officials, officers, agents, employees and volunteers, from and against any and all
claims, losses or liability, or any portion of the same, including but not limited to reasonable
attorneys' fees, legal expenses and litigation costs, arising from injury or death to persons,
including injuries, sickness, disease or death of Consultant's own employees, agents and
volunteers, or damage to property caused by Consultant's negligent act or omission, except for
those acts caused by or resulting from a negligent act or omission by Renton and its officers,
agents, employees and volunteers.
Renton agrees to indemnify Consultant from any claims, damages, losses, and costs,
including, but not limited to, reasonable attorney's fees, legal expenses and litigation costs,
arising out of claims by third-parties for property damage and bodily injury, including death,
caused solely by the negligence or willful misconduct of Renton, Renton's employees, agents or
volunteers in connection with this Consultant Agreement.
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Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the contractor
and Renton, its officers, officials, employees and volunteers, Consultant's liability shall be only
to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided
herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, RCW
Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated
and agreed to this waiver. The provisions of this section shall survive the expiration or
termination of this agreement.
10. Insurance. Consultant shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of $1,000,000
for each occurrence/$2,000,000 aggregate throughout the duration of this Agreement.
b. Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to Renton that
are excluded in the commercial general liability insurance.
c. Workers' compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
d. It is agreed that on Consultant's commercial general liability policy, the City of
Renton will be named as an Additional Insured on a non-contributory primary basis.
e. Subject to Renton's review and acceptance, a certificate of insurance showing
the proper endorsements, shall be delivered to Renton before executing the work of this
Agreement.
f. The Consultant shall provide Renton with written notice of any policy
cancellation, within two business days of their receipt of such notice.
11. Independent Contractor. Consultant's employees, while engaged in the
performance of any of Consultant's services under this Agreement, shall be considered
employees of the Consultant and not employees, agents or representatives of Renton.
Consultant's relation to Renton shall be at all times as an independent contractor. Any and all
Workman's Compensation Act claims on behalf of Consultant employees, and any and all claims
made by a third-party as a consequence of any negligent act or omission on the part of
Consultant's employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Consultant's obligation and responsibility.
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12. Compliance with Laws. Consultant and Consultant's employees and volunteers
shall perform the services required in this Agreement in accordance with all applicable federal,
state, county and city laws, rules, regulations, and executive orders. A copy of this language
must be made a part of any contractor or subcontractor agreement.
13. Discrimination Prohibited: Except to the extent permitted by a bona fide
occupational qualification, the Consultant agrees as follows:
Consultant, and Consultant's agents, employees, representatives, and volunteers with
regard to the services performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual
orientation or preference, age (except minimum age and retirement provisions), honorably
discharged veteran or military status, or the presence of any sensory, mental or physical
handicap, unless based upon a bona fide occupational qualification in relationship to hiring and
employment, in employment or application for employment, the administration of the delivery
of services or any other benefits under this Agreement, or procurement of materials or
supplies.
The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed, color,
national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital
status. Such action shall include, but not be limited to the following employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay
or other forms of compensation and selection for training.
In the event of non-compliance by the Consultant with any of the non-discrimination
provisions of the contract, Renton shall have the right, at its option, to cancel the Agreement in
whole or in part. If this Agreement is canceled after part performance, Renton shall be
obligated to pay the fair market value or the contract price, whichever is lower, for goods or
services which have been received and accepted.
The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the project, which
includes but is not limited to fair labor laws and worker's compensation.
Renton requires all businesses and individuals doing business in Renton to have and
maintain a valid City of Renton business license. (For information contact licensing at 425-430-
6851).
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14. Other Provisions:
a. Administration and Notices. Each individual executing this Agreement on behalf
of Renton and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of Renton or Consultant. Any notices required to
be given by the Parties shall be delivered at the addresses set forth below. Any notices may be
delivered personally to the addressee of the notice or may be deposited in the United States
mail, postage prepaid, to the address set forth below. Any notice so posted in the United
States mail shall be deemed received three (3) days after the date of mailing. This Agreement
shall be administered by and any notices should be sent to:
CITY OF RENTON CONSULTANT
Craig Burnell Craig Chambers
Building Official President
Community& Economic Development BHC Consultants, LLC.
1055 South Grady Way, 6th FI 1601 Fifth Avenue
Renton, Washington 98057 Seattle, WA 98101
b. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
c. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
d. Joint Drafting Effort. This Contract shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of negotiation,
drafting or execution.
e. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to
enforce or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional Justice Center
in Kent, King County, Washington.
f. Severability. A determination by a court of competent jurisdiction that any
provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of such provision of this Agreement, which shall remain in full force and effect.
Sole and Entire A reement. This A reement contains the entire a reement of
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the Parties and any representations or understandings, whether oral or written, not
incorporated herein are excluded.
h. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the Parties, and
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all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of the Parties and no one else.
i. Waivers. All waivers shall be in writing and signed by the waiving party. Either
party's failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either Renton or Consultant from enforcing that provision or any other provision of this
Agreement in the future. Waiver of breach of any provision of this Agreement shall not be
deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in
writing.
IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of Effective
Date identified above.
CITY OF RENTON CONSULTANT
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C.E. (Chip)Vincent Craig Cham�ers
Administrator President
Community & Economic Development BHC Consultants, LLC.
1055 South Grady Way 1601 Fifth Avenue
Renton, Washington 98057 Seattle, WA 98101
( � � � I 1 � ���ie��s
Date � � Date
Approved as to Legal Form Attest
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Lawrence J. Warren Jason Seth
Renton City Attorney Renton Cit lerk
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EXHIBIT-A
SCOPE OF SERVICES
1. BUILDING INSPECTION SERVICES
A. Upon notice of authorization by the City, BHC will provide a certified building inspector
to perform one or more of the following inspection tasks:
a. Building code inspections in accordance with the currently adopted Washington
State Building Code (WAC 51-50 and 51-51) including structural or accessibility
inspections.
b. Mechanical code (WAC 51-52), Plumbing code (WAC 51-56), Energy code (WAC 51-
11C and WAC 51-11R), or National Electrical Code (NEC).
B. Inspections will be done in accordance codes, ordinances and regulations in effect. The
inspector will confer with the Building Official or his/her agent on any portion of the
inspection that specifically requires an approval of the Building Official or that involves
an unusual interpretation.
C. Inspections will be performed in a courteous and professional manner.
D. Up-to-date records of inspection status will be maintained on the job card in the field
and on the City permit tracking system.
E. The City shall guarantee a minimum of four (4) hours inspection work each day
inspections services are provided.
2. PLAN REVIEW SERVICES
BHC (The Consultant) will review plans submitted with building permit applications for
structural and nonstructural code compliance in accordance with the currently adopted ,
construction codes as adopted and amended by the state of Washington and City of
Renton. BHC will confer with the Building Official and his/her agent on any portion of the I
review that specifically requires the approval of the Building Official or that involves an
unusual interpretation.
A. The services to be performed by BHC shall be specified in a notice of authorization
issued by the City.
B. The BHC will not design for the applicant, make any structural changes on the plans, or
make any changes that directly contradict other information on the plans. Significant
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changes must be made by or under the direction of the applicant or design professional.
C. Reviews shall be done by BHC, an approved representative, or an outside consultant.
The name of the reviewer or outside consultant shall be submitted to the City upon
request.
D. If corrections or additions are required,the Consultant will itemize such corrections and
forward to the contact person at the City or as agreed upon.
E. BHC will indicate that the drawings 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 in up to two sets of drawings
including the cover sheet.
3. ADDITIONAL SERVICES
A. Building Official services can be provided for code interpretation and administrative
needs such as ordinance review and update, staffing needs and department budget
development and review. Fees will be charged at the hourly rates shown in Labor Rate
Schedule.
B. Pre permit plan review meetings to review code requirements and City department
permit coordination will be charged at the hourly rates shown in Labor Rate Schedule.
C. Review of deferred submittals will be charged at the hourly rates shown in Labor Rate
Schedule.
D. Fire Code, Fire Sprinkler, Fire Alarm plan reviews when requested by the City will be
charged at the hourly rates shown in Labor Rate Schedule.
E. Field evaluation of buildings as requested by the Building Official or in the event of
natural disaster.
4. PROCESS
A. The City will determine which plans are to be reviewed by the Consultant.
B. The City will intake,track, and process the permit applications and all revisions per
current building and permit administration procedures.
C. BHC will be responsible for the transportation and cost of returning permit review
documents back to the City. The City will be responsible for the transportation and cost
of delivering permit review documents to BHC.
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D. The Consultant will complete the initial review and will notify the City with corrections
or approval of the application within the time frames listed below:
Project Type Initial Review Re-Review
Single-Family 10 days (2 weeks) 5 days (1 week)
Multi-Family 15 days (3 weeks) 10 days (2 weeks)
Commercial 20 days (4 weeks) 15 days (3 weeks) '
Turn-around for all other types of permit applications is to be negotiated.
E. The Consultant will review any revisions or additional information and will either
indicate compliance with the code(s) against which it was checked and notify the City of
compliance, or if the drawings are still not complete, contact the City with additional
revision requests within the time frames specified above.
F. The review time may be negotiated based on the number and complexity of projects to
be reviewed. The Consultant will not be held responsible for delays beyond the
Consultant's control. During heavy workloads or schedule delays, the Consultant shall
notify the City of revisions to estimated target dates.
LABOR RATE SCHEDULE
SCHEDULE OF RATES, CHARGES AND FEES �
Classification Hourlv Rate
Building Inspector $75
Electrical $80
Plan Reviewer- nonstructural $130
Structural P.E. or S.E. $170
Civil/site plan review (P.E.) $130
Principal Consultant (Building Official) $150
Administration Assistance $75
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A. PLAN REVIEW FEES: Plan reviews when requested by the City will be charged at the
' hourly rates shown in Labor Rate Schedule.
B. BUILDING INSPECTION FEES: Building inspections when requested by the City will be
charged at the hourly rates shown in Labor Rate Schedule.
C. Each billing statement will include the permit application number and owner or project
name of the plans reviewed with the fee.
D. Billing statements will be issued for reviews that receive a complete initial review in the
preceding month or other acceptable time period.
E. The City shall have the right to withhold payment to the Consultant for any work not
completed in a satisfactory manner until such time that the consultant modifies such
work to the satisfaction of the City.
F. The cost of delivering plans for review to BHC will be incurred by the City. The cost of
delivering reviewed plans back to city will be incurred by BHC.
G. Hourly rates shown are portal to portal from inspector's residence or the Seattle office,
whichever is less for on-call services.
H. All mileage included by BHC inspectors will be reimbursed at the most current IRS rate,
currently 57.5 cents per mile. Mileage will not be assessed on travel using client
supplied vehicle.
I. Consultant staff's normal work days are Monday through Friday 8am�5pm or 7am�4pm
for field inspections. Office work on Saturdays, Sundays or City Holidays will be
performed only at specific request of the City. Billing for work performed outside normal
work hours or on Saturdays, Sundays, or City Holidays shall be at 150%of the rates
shown above.
J. This Schedule of Hourly Rates is effective as of January 1, 2015. Rates are subject to
annual review.
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