HomeMy WebLinkAboutContract CAG-17-042
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CONTRACT AGREEMENT
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THIS AGREEMENT, dated � � , is by and between the City of Renton (the "City"),
a Washington municipal corporation, and BHC Consultants ("Consultant"). The City and the
Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed
by the Parties, this Agreement is effective as of the date executed by both Parties.
1. Scope of Services: Consultant agrees to structural and non-structural plan review
services, verifying compliance to Renton City Code requirements as specified in Exhibit
A, which is attached and incorporated herein. The Scope of Services may hereinafter be
referred to as the "Services."
2. Chan�es in Scope of Services: The City, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Compensation being adjusted accordingly consistent with the rates set forth in Exhibit A
or as otherwise mutually agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Services shall be performed by no
later than December 31, 2017. The Parties may, upon mutual written agreement,
extend this Agreement to accomplish change orders.
4. Compensation:
A. Amount. Total compensation to Consultant for Services provided pursuant to this
Agreement shall not exceed $20,000, plus any applicable state and local sales taxes.
Compensation shall be paid based upon Services actually performed according to
the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly
or flat rate charged by it for its Services shall remain locked at the negotiated rate(s)
unless otherwise provided in Exhibit A. Except as specifically provided in this
Agreement, the Consultant shall be solely responsible for the payment of any taxes
imposed by any jurisdiction or authority as a result of the performance and payment
of this Agreement.
B. Method of Pavment. On a monthly or no less than quarterly basis, the Consultant
shall submit a voucher or invoice in the form specified by the City, including a
description of what Services have been performed, the name of the personnel
performing such Services, and any hourly labor charge rate for such personnel. The
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Consultant shall also submit a final bill upon completion of all Services. Payment
shall be made on a monthly basis by the City only after the Services have been
performed and within thirty (30) calendar days after receipt and approval by the
appropriate City representative of the voucher or invoice. If the Services do not
meet the requirements of this Agreement, the Consultant will correct or modify the
work to comply with the Agreement. The City may withhold payment for such work
until the work meets the Agreement requirements.
C. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Services or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Services for which funds are allocated. No penalty or expense shall
accrue to the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving thirty (30) calendar days' notice to the Consultant in writing. In the
event of such termination or suspension, all finished or unfinished documents, data,
studies, worksheets, models and reports, or other material prepared by the
Consultant pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Services.
B. In the event this Agreement is terminated by the City, the Consultant shall be
entitled to payment for all hours worked to the effective date of termination, less all
payments previously made. This provision shall not prevent the City from seeking
any legal remedies it may have for the violation or nonperformance of any of the
provisions of this Agreement and such charges due to the City shall be deducted
from the final payment due the Consultant. No payment shall be made by the City
for any expenses incurred or work done following the effective date of termination
unless authorized in advance in writing by the City.
C. The Consultant reserves the right to terminate this Agreement with not less than
sixty (60) calendar days' written notice, or in the event outstanding invoices are not
paid within thirty (30) calendar days.
D. If the Consultant is unavailable to perform the Services, the City may, at its option,
cancel this Agreement immediately.
6. Warranties And Ri�ht To Use Work Product: Consultant represents and warrants that
Consultant will perform all Services identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Consultant further represents and warrants that all final work product that is
created for and delivered to the City pursuant to this Agreement shall be the original
work of the Consultant for which Consultant holds the title and intellectual property
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rights. Consultant grants to the City a non-exclusive, perpetual right and license to use,
reproduce, distribute, adapt, modify, and display all such final work product.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Consultant agrees to provide access to and copies
of any records related to this Agreement as required by the City to audit expenditures
and charges and/or to comply with the Washington State Public Records Act (Chapter
42.56 RCW).
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent
search of all records in its possession, including, but not limited to, e-mail,
correspondence, notes, saved telephone messages, recordings, photos, or drawings and
provide them to the City for production. In the event Consultant believes said records
need to be protected from disclosure, it shall, at Consultant's own expense, seek judicial
protection. Consultant shall indemnify, defend, and hold harmless the City for all costs,
including attorneys' fees, attendant to any claim or litigation related to a Public Records
Act request for which Consultant has responsive records and for which Consultant has
withheld records or information contained therein, or not provided them to the City in a
timely manner. Consultant shall produce for distribution any and all records responsive
to the Public Records Act request in a timely manner, unless those records are protected
by court order.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set
forth in this Agreement. The nature of the relationship between the Consultant and
the City during the period of the Services shall be that of an independent contractor,
not employee. The Consultant, not the City, shall have the power to control and
direct the details, manner or means of Services. Specifically, but not by means of
limitation, the Consultant shall have no obligation to work any particular hours or
particular schedule, unless otherwise indicated in the Scope of Work or where
scheduling of attendance or performance is mutually arranged due to publicized
classes or activities. Consultant shall retain the right to designate the means of
performing the Services covered by this agreement, and the Consultant shall be
entitled to employ other workers at such compensation and such other conditions
as it may deem proper, provided, however, that any contract so made by the
Consultant is to be paid by it alone, and that employing such workers, it is acting
individually and not as an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
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Program, or otherwise assuming the duties of an employer with respect to
Consultant or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,
the Consultant agrees to notify the City and complete any required form if the
Consultant retired under a State of Washington retirement system and agrees to
indemnify any losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, its agents, attorneys, elected officials, employees, insurers, officers,
representatives, and volunteers from any and all claims, demands, actions, suits, causes
of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees,
costs, and/or litigation expenses to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from,
resulting from, or in connection with this Agreement or the acts, errors or omissions of
the Consultant in performance of this Agreement, except for that portion of the claims
caused by the City's sole negligence.
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 Consultant and the City, 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 in
this Agreement constitute Consuftant'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.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law, the Consultant shall not give a gift of any
kind to City employees or officials. Consultant also confirms that Consultant does not
have a business interest or a close family relationship with any City officer or employee
who was, is, or will be involved in selecting the Consultant, negotiating or administering
this Agreement, or evaluating the Consultant's performance of the Services.
12. Citv of Renton Business License: The Consultant shall obtain a City of Renton
Business License prior to performing any Services and maintain the business license in
good standing throughout the term of this agreement with the City. More information
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regarding requirement to register with the State of Washington Department of Revenue
can be found on the web at:
http://dor.wa.�ov/content/doin�business/re�istermvbusiness/
13. 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 for the Term of this Agreement.
B. In the event that Services delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Services provided by a licensed professional or those Services that require a
professional standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased,
hired or non-owned, with minimum limits of $1,000,000 per occurrence combined
single limit, if there will be any use of Consultant's vehicles on the City's Premises by
or on behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies
shall not be a source for payment of any Consultant liability, nor shall the
maintenance of any insurance required by this Agreement be construed to limit the
liability of Consultant to the coverage provided by such insurance or otherwise limit
the City's recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Services.
G. Consultant shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
14. Delavs: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assi�ns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
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16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return
receipt requested, by facsimile or by nationally recognized overnight courier service.
Time period for notices shall be deemed to have commenced upon the date of receipt,
EXCEPT facsimile delivery will be deemed to have commenced on the first business day
following transmission. Email and telephone may be used for purposes of administering
the Agreement, but should not be used to give any formal notice required by the
Agreement.
City of Renton: Consultant:
Craig Burnell, Building Official Craig Chambers, President
1055 South Grady Way 1601 Fifth Ave, Suite 500
Renton, WA 98057 Seattle, WA 98101
Phone: (425) 430-7290 Phone: 206-505-3400
cburnell@rentonwa.gov Craig.Chambers@BHCConsultants.com
Fax: (425) 430-7300 Fax: 206-505-3406
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Consultant agrees as follows:
A. 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.
B. 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.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
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D. 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.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except as specifically
provided in Exhibit A, Scope of Services.
C. Consultant shall furnish all tools and / or materials necessary to perform his / her
Services.
D. Except as otherwise provided in the Services, Consultant shall not be required to
provide tools and /or materials for the participants/ students in classes provided as
Services.
E. In the event special training, licensing, or certification is required for Consultant to
provide Services he/she will acquire or maintain such at his/ her own expense and,
if Consultant employs, sub-contracts, or otherwise assigns the responsibility to
perform the Services, said employee / sub-contractor / assignee will acquire and or
maintain such training, licensing, or certification.
F. This is a non-exclusive agreement and Consultant is free to provide his/ her Services
to other entities, so (ong as there is no interruption or interference with the
provision of Services called for in this Agreement.
G. Consultant is responsible for his / her own insurance, including, but not limited to
health insurance.
H. Consultant is responsible for his/ her own Worker's Compensation coverage as well
as that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Mana�ement. The City's contract manager is Craig
Burnell. In providing Services, Consultant shall coordinate with the City's contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
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this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governin� Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Services
in accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Draftin� Effort. This Agreement 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.
G. 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, or its replacement or successor.
H. Severabilitv. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire A�reement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Services is essential to the Consultant's performance
of this Agreement.
K. Third-Partv 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 all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
L. Assi�ns and Successors. The Parties each bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement,
and to the partners, successors, assigns, and legal representatives of such other
party with respect to all covenants of the Agreement.
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M. 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 the City 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.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONSULTANT
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By: � � gy: � �
C.E. (Chip) Vincent Craig C bers
Administrator President
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Date Date
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EXHIBIT-A
SCOPE OF SERVICES
1. PLAN REVIEW
BHC will review plans submitted with building permit applications for structural and
nonstructural code compliance in accordance with the current construction codes as
adopted and amended by the state of Washington and City of Renton (City). BHC will confer
with the Building Official and his/her agent on any portion of the review that specifically
requires the approval of the Building Official as specified in the code(s).
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
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 create a corrections list in
the manner requested by the City, either:
i. Write a review letter addressed to the applicant and send to the City's agent. The
City will then send the BHC review letter, along with any additional City
requirements to the applicant. The correction letter will indicate to the applicant
that they are required to submit the revisions to the City per the submittal
requirements for the permit type under review.
ii. Perform review and corrections using Blue Beam Revu software.
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.
F. Complete reviews will include structural, nonstructural, accessibility, energy, and
ventilation requirements. Partial reviews will be indicated as either structural or
nonstructural or individual discipline such as electrical, energy, mechanical or as
mutually agreed upon.
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2. PLAN REVIEW 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. The City may send plans electronically, or may require BHC to access plans
electronically.
D. 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.
E. The Consultant will complete the initial review and will have either approved the
application and notified the City of approval or contacted the applicant and the City with
corrections 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 applicant and 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.
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3. BUILDING INSPECTION SERVICES
BHC will provide a certified building inspector to perform the following services:
A. At the request by the City, the inspector shall be asked to perform one or more of the
following inspection tasks:
a. Building code inspections
b. structural inspections
c. energy code inspections
d. barrier free inspections
e. mechanical, electrical & plumbing inspections
B. 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 51-11), and the applicable City Construction Codes. Inspector will
confer with the 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.
C. Inspections will be done in accordance with 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 on the job card in the field and on the office copy of
the permit.
D. City shall guarantee a minimum of four (4) hours inspection work each day inspection
services are provided.
4. ADDITIONAL SERVICES REQUIRED
A. 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.
B. In-house plan review (performed at the City's location) and other services will be
provided as desired by the City and agreed upon by the Consultant on a time-and-
expense basis using an hourly rate.
C. Review of deferred submittals will be charged at the hourly rates shown in Labor Rate
Schedule.
D. Attendance at meetings when requested by the City will be charged at the hourly rates
shown in Labor Rate Schedule.
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5. SCHEDULE OF RATES, CHARGES AND FEES
Classification Houriv Rate
Building Inspector $78
Electrical Inspector $82
Plan Reviewer- nonstructural $130
Structural P.E. $170
Civil/site plan review (P.E.) $130
Principal Consultant (Building Official) $150
Administration Assistance $75
A. PLAN REVIEW FEES:
Plan review fees shall be charged at the hourly rate as identified in labor rate schedule.
B. BUILDING INSPECTION FEES:
Building Inspection fees shall be charged at the hourly rate as identified in labor rate
schedule.
Hourly rates shown are portal to portal from inspector's residence or the Seattle office,
whichever is less for on-call services.
C. MISCELLANEOUS:
1. Each billing statement will include the permit application number and owner or
project name of the plans reviewed with the fee.
2. Billing statements will be issued for reviews that receive a complete initial review in
the preceding month or other acceptable time period. A complete initial review shall
constitute an earned fee for both City and Consultant.
3. 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.
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4. 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.
5. All mileage included by BHC inspector will be reimbursed at the most current IRS
rate, currently 54 cents per mile. Mileage will not be assessed on travel using client
supplied vehicle.
6. Consultant staff's normal work days are Monday through Friday (8am�5pm). 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 are on
Saturdays, Sundays, or City Holidays shall be at 150%of the rates shown above.
7. This Schedule of Hourly Rates is effective as of January 1, 2017. Rates are subject to
annual review.
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