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057-22 - SAFEbuilt Washington, LLC - Contract Amendment 2DocuSign Envelope ID: 77F5F89C-4330-4117-A788-61088F983560 Amendment No. 2 to Contract No. C057-22 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH SAFEBULT WASHINGTON, LLC THIS AMENDMENT No.2 to Contract No. C057-22 ("Amendment') is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Safebuilt Washington, LLC, a Washington limited liability company ("Consultant'). City and Consultant are each a "Party" and together "Parties" to this Amendment. The Parties hereby agree as follows: RECITALS: A. The City and Consultant entered into an agreement on April 12, 2022 for the purpose of providing As - Requested Building and Fire Code Inspection Services and Remote Plan Review Services ("Agreement'). The Agreement expires on December 31, 2023 but contained two one-year extensions options. B. The First Amendment of the Agreement on November 28, 2022 increased the not to exceed amount to $280,000 which was needed due to permitting and inspection work volume. C. The City fmds the need for continued service due to work volume, therefore, extending the contract term and increasing the not to exceed amount to $420,000 is needed for 2024 to continue to receive these services in 2024. D. In order to make this change, the Agreement needs updating. SECOND AMENDMENT TO AGREEMENT: 1. Extension. The City hereby exercises the first one-year contract extension set forth in Section 3, making the new expiration date December 31, 2024. 2. Amendment. Section 4 of the Agreement is hereby amended to read as follows: 4. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for thoese services shall not exceed $420,000 without advcance written authorization by the City and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "A", as supplemented by the Second Amendment. 3. Amendment. Exhibit "A" to the Agreement is supplemented with Exhibit "A-2" which is attached to this Amendment and incorporated herein by this reference as if set forth in full. The effective date for the rates in Exhibit "A-2" shall be January 1, 2024. Amendment No. 2 to Agreement between City of Port Orchard and SafeBuilt Contract No. C057-22 Page 1 Updated 4/2022 IBDR 1572034.2 - 366922 - 0039 DocuSign Envelope ID: 77F5F89C-4330-4117-A788-61088F983560 4. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 5. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 6. Effective date. This Amendment shall be effective as of January 1, 2024. DATED this 13th day of December 2023. CITY OF PORT ORCHARD, WASHINGTON LDocuSigned by: fi Mark Trenary, Mayor Pro-Tem ATTEST/AUTHENTICATED: EDocu Signed by: t,.itn t, F(h�0 65D1E6F1BFslE4BE Jenine Floyd, CMC, Deputy City Clerk APPROVED AS TO FORM: DocuSigned by: �n��n�Fxs�nas� Charlotte A. Archer, City Attorney 1011112K 0 a 11F.1eI I Signatur Gary Amato, Chief Administrative Officer Printed Name and Title Amendment No. 2 to Agreement between City of Port Orchard and SafeBuilt Contract No. C057-22 Page 2 Updated 4/2022 IBDR 1572034.2 - 366922 - 0039 Port Orchard, WA-2024 Fees & Deliverables EXHIBIT A - SCOPE OF SERVICES AND FEE SCHEDULE 1. LIST OF SERVICES As -Requested Building, Plumbing, Mechanical Inspection Services ✓ Consultant utilizes an educational, informative approach to improve the customer's experience. ✓ Perform code compliance inspections to determine that construction complies with approved plans ✓ Meet or exceed agreed upon performance metrics regarding inspections ✓ Provide onsite inspection consultations to citizens and contractors while performing inspections ✓ Return calls and emails from permit holders in reference to code and inspection concerns ✓ Identify and document any areas of non-compliance ✓ Leave a copy or provide an electronic version of the inspection results and discuss inspection results with site personnel As -Requested Remote Plan Review Services ✓ Provide plan review services electronically or in the traditional paper format ✓ Review plans for compliance with adopted building codes, local amendments or ordinances ✓ Be a resource to applicants on submittal requirements and be available throughout the process ✓ Provide feedback to keep plan review process on schedule ✓ Communicate plan review findings and recommendations in writing ✓ Return a set of finalized plans and all supporting documentation ✓ Provide review of plan revisions and remain available to applicant after the review is complete Remote Plan Conveyance ✓ Electronic plan submittals will be reviewed and returned electronically ✓ Applicant will submit number of hardcopies required by Municipality ✓ Consultant will return plans and supporting documents Reporting Services ✓ Consultant will work with Municipality to develop a mutually agreeable reporting schedule and format 2. MUNICIPAL OBLIGATIONS ✓ Municipality will issue permits and collect all fees ✓ Municipality will provide Consultant with a list of requested inspections and supporting documents ✓ Municipality will intake plans and related documents for pick up by Consultant or submit electronically TIME OF PERFORMANCE ✓ Consultant will perform Services during normal business hours excluding Municipal holidays ✓ Services will be performed on an as -requested basis ✓ Inspectors will be dispatched on an as -requested basis ✓ Consultant representative(s) will be available by phone and email Deliverables INSPECTION SERVICES Perform inspections received from the Municipality prior to 4:00 pm next business day PRE -SUBMITTAL MEETINGS Provide pre -submittal meetings to applicants by appointment PLAN REVIEW Provide comments within the following timeframes: Day 1 = first full business day after receipt of plans and all supporting documents Port Orchard, WA-2024 Fees & Deliverables TURNAROUND TIMES Proiect Type: First Comments Second Comments ✓ Single-family within 10 business days 5 business days or less ✓ Multi -family within 10 business days 5 business days or less ✓ Small commercial within 10 business days 5 business days or less (under $2M in valuation) ✓ Large commercial within 20 business days 10 business days or less 4. FEE SCHEDULE ✓ Municipality and Consultant will review the Municipal Fee Schedule and valuation tables annually to discuss making adjustments to reflect increases in the costs incurred by Consultant to provide Services. ✓ Beginning January 01, 2025 and annually thereafter, the hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the "CPI") for the Municipality or, if not reported for the Municipality the CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. ✓ Consultant fees for Services provided pursuant to this Agreement will be as follows: Service Fee Schedule: Inspection Services $114.00 per hour — one (1) hour minimum • Building, Mechanical, Plumbing Plan Review Services — Residential & Commercial: Initial plan review 55% of Municipal Plan Check Fee as established by Up -to two (2) re -reviews ordinance or resolution • Excludes fire review Additional Plan Review Fee — Residential & Commercial: • After two (2) re -reviews • Other Building Plan Reviews not listed or changes to previously approved plans. $120.00 per hour — one (1) hour minimum • Stand-alone mechanical or plumbing permits • Meetings of plans examiner outside of plan review % of fee plan review work. Fire Plan Review Services $162.00 per hour — one (1) hour minimum Pre -Submittal Meetings $130.00 per hour — one (1) hour minimum Structural Engineering Plan Review $162.00 per hour — one (1) hour minimum After Hours/Emergency Inspection Services $135.00 per hour —two (2) hour minimum Hourly time tracked will start when Consultant checks in at Municipality or first inspection site.