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HomeMy WebLinkAbout001-26 - Bureau Veritas North America, Inc. - ContractDocusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 Port Orchard Contract #: 001-26 Authorized Amount: 875 000 Date Start: January 1, 2026 Date End: 12/31/2030 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Bureau Veritas North America inc. ("Consultant") organized under the laws of the State of Delaware , located and doing business at 180 Promenade Circle, Suite 150 Sacramento, CA 95834 (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform work as assigned by the City, which may include the services described in Exhibit "A" of this Agreement which is attached hereto and incorporated herein by this reference as if set forth in full. Additional work may be assigned by the City, however, this Agreement does not obligate the City to assign any specific work or any work to the Consultant. In performing the services, the Consultant shall comply with all federal, state, and local laws and regulations applicable to the services. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. City of Port Orchard and Bureau Veritas Updated 4/20221BDR Page 1 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 TIME AND MATERIALS NOT TO EXCEED. Compensation for services performed pursuant to this Agreement in any contract year shall not exceed a maximum annual cap of $125,000, based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B". Starting December 1, 2026, for work to be performed in 2027 and beyond, Consultant may annually submit a revised Exhibit B, provided any proposed annual rate increase shall be based on the CPI published in the Engineers News Record (ENR). 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the 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 requirements of the Agreement. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a five (5) year period commencing on January 1, 2026 and ending December 31, 2030, unless sooner terminated or extended pursuant to the City of Port Orchard and Bureau Veritas Updated 4/20221BDR Page 2 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to the expiration of the Agreement to retain the Consultant's services, without further action by the City Council, subject to the annual cap set forth in Section 2 hereof. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties; Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which City of Port Orchard and Bureau Veritas Updated 4/20221BDR Page 3 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, 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, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: City of Port Orchard and Bureau Veritas Updated 4/20221BDR Page 4 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A -VII. E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. City of Port Orchard and Bureau Veritas Updated 4/20221BDR Page 5 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the City of Port Orchard and Bureau Veritas Updated 4/2022 IBDR Page 6 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 13. Termination. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in the "Notices" Section herein. City of Port Orchard and Bureau Veritas Updated 4/20221BDR Page 7 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. City of Port Orchard and Bureau Veritas Updated 4/20221BDR Page 8 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 18. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. 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 that the terms of the provision are effectuated. 20. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 21. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. 22. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 23. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In City of Port Orchard and Bureau Veritas Updated 4/20221BDR Page 9 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIlace@cityofportorchard.us Phone: 360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Bureau Veritas N.A — Craig Baptista 180 Promenade, Circle Suote 150 Sacramento, CA 95843 Phone No.: 916-514-4516 Email: craiiz.baatista((bureaveritas.com 24. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 25. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 26. Title VI. City of Port Orchard and Bureau Veritas Updated 4/20221BDR Page 10 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. City of Port Orchard and Bureau Veritas Updated 4/20221BDR Page 11 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 28. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT Signed by: r,VnpA jo tSfu. By: rnrnaasFansnno, Craig Baptista Title: Vice President Date: 10/15/2025 City of Port Orchard and Bureau Veritas Updated 4/20221BDR CITY OF PORT ORCHARD Signed by: Doti r4MtA stun. V. Robert Putaansuu, Mayor Date: 10/15/2025 ATTEST/AUTHENTICATE rSigned by: 7rAliCAE1BBDOO11C Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM Signed by: Page 12 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 Port Orchard City Attorney's Office City of Port Orchard and Bureau Veritas Updated 4/2022 IBDR Page 130117 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here or attached separately. City of Port Orchard and Bureau Veritas Updated 4/2022 IBDR Page 140117 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 EXHIBIT B Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. City of Port Orchard and Bureau Veritas Updated 4/2022 IBDR Page 150117 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes City of Port Orchard and Bureau Veritas Updated 4/20221BDR Page 16 of 17 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Bureau Veritas Updated 4/2022 IBDR Page 170117 11110164.1- 366922 - 0001 Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 The firm's personnel are dedicated to providing the highest level of customer service and ensuring all work is in conformance with the requirements of the City and all other applicable codes. Resources can be adjusted on fast -track projects, as needed, to meet demanding schedules. Personnel assigned to City projects are available to attend meetings virtually to address questions or discuss issues with the City staff, design team, and/or construction team which may arise on a project and provide guidance for City staff, applicants, designers, and contractors. Consistency, responsiveness, efficiency, and a positive attitude are key components of the firm's approach. Scope of Services: Bureau Veritas understands the scope of work requested by the City of Port Orchard and is prepared to allocate the necessary resources to deliver all of the services outlined in the RFQ, providing excellent Building & Fire Review and Inspection Servicees. BV is able to provide a variable level of assistance to the City on an as - needed basis. We are dedicated to delivering excellent and responsive customer service and building strong relationships with our clients. As an ISO 9001 certified firm, BV undergoes systematic, independent audits of its management systems to meet rigorous objectives and provide continuous improvement in key areas. The firm consistently incorporates proven best practices and protocols as part of its quality management system to meet and exceed ever-increasing customer requirements. These tools include implementation of an established quality assurance/quality control program using the BV CARE program for the intake, tracking, and review of plans to enhance quality and streamline processing/approval; electronic plan review to expedite turnaround times which save time and money; and the utilization of web -based document control system which fosters collaboration, 24/7 access to documents and reports, and enhances overall communication. BV relies on the management and technical excellence of its personnel and a proven QA/QC program. This assures the quality of all work performed under this contract meets City approval. BV has developed and implemented corporate QA policies, consistent with all applicable federal and state regulatory requirements and standards, covering all aspects of project performance, technical quality, and peer review. These policies are implemented at each professional and technical level to provide a well-balanced, independent QA program, which assures the quality of reports, technical reviews, annuals and other documentation prepared by BV. This ensures the product is consistent with the established standards from the standpoint of quality, validity, and legal defensibility. • Identify Client Needs: BV actively listens and maintains sensitivity to unique issues, priorities, and organizational culture to work in partnership to assess diverse needs and special initiatives. • Strategic Planning: BV establishes a clear plan of action to institute priorities, identify stakeholders/processing agencies, formulate communication protocols, and align services with mutually -defined needs and objectives. • Concise Scoping/Implementation: BV assigns expertise which mirrors the clients' needs and implements best practices to maintain project momentum. • Project Management: BV uses appropriate best practice tools to effectively and efficiently deliver the City's assignment within budget and schedule. No matter what the need, the firm's goal is to deliver integrity, impartiality, accountability, efficiency, quality, and transparency. PLAN REVIEW SERVICES OVERVIEW BV is the largest plan review firm in the United States, providing full service code consulting and plan review services. The firm's personnel have performed and managed plan review for thousands of projects. BV staff have considerable review experience of virtually any structure requiring permits, plan reviews, and inspections. Geotechnical, lab testing, and other reports are considered in the plan review process. The firm is well positioned to meet the needs of the City and deliver discipline -specific plan reviews (e.g., architectural, structural, mechanical, electrical, plumbing, street, drainage, map, civil infrastructure, etc.).BV has specific experience working through a variety of challenges including infill commercial development, adaptive reuse and change of occupancies of existing buildings, retrofit of un- reinforced masonry or soft -story buildings, large commercial shopping centers and mixed -use multi -family developments, live -work projects, and high tech, research and development facilities. BV's plan review services for the City shall adhere to current Washington Building Code, City Ordinances, Design Standards, Policies, General Specifications of Port Orchard (the City); and the terms and conditions of any individual agreement which may be negotiated between BV and the City, with detailed plan review letter comments, reference plan sheets numbers and code sections, and plan review corrections list are provided electronically for each reviewed project. Services include recheck of plans after the applicant has made corrections, review and recheck of field changes, and deferred submittals and review and recheck of additional work on the project as needed. Architectural Review: BV blends the knowledge of local conditions with a large pool of Washington licensed or certified building safety experts equipped to handle all building department needs. The firm is able to tailor its solutions specific to the City as a result of having provided plan review, inspection services, specialty reviews, and municipal administrative support for over 50 years. Structural Review: BV is uniquely qualified and experienced in structur- al review and inspection. The firm has plan review and inspection per- sonnel which have specialized experience with multi -family residen- tial, hotels, resorts, retail, commercial, industrial, high-tech facilities, etc. BV has several experienced structural engineers on staff who are immediately available to tackle the City's most complex projects. BV can provide a complete structural review of design drawings, details, and calculations for both vertical loads and lateral seismic and wind forces, snow loads, in accordance with the International Building Code structural provisions. Mechanical Review: The International Building Code is supported by ancillary codes such as the International Mechanical Code and any others specifically designated and adopted by the City. BV's staff includes licensed and certified mechanical engineers and inspectors who have the knowledge, training, and experience necessary to review plans for compliance with these codes. Firm staff, who are available immediately to the City, have reviewed heating, cooling, distribution and return air systems, hoods, and product conveyance system plans for a variety of projects including single family residen- tial, multi family residential, custom homes, resorts, and hotels. Electrical Review: Electrical review and inspection to verify energy compliance is included in all projects in accordance with mandates Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 from the applicable energy standards. The firm has licensed and certified electrical engineers and inspectors with extensive plan review and inspection experience which have reviewed service installation, transformers, emergency power, panel distribution, single line diagrams, power, and lighting system plans for single family residential, multi family residential, custom homes, resorts, and hotels. Plumbing Review: The International Building Code is supported by ancillary codes such as the International Plumbing Code and any others specifically designated and adopted by the City (2021 Uniform Plumbing Code). BV's staff has the knowledge, training, and experience necessary to review plans and inspect construction for compliance with these codes. The firm has licensed and certified mechanical engineers on staff to assist with plumbing reviews when needed. Firm staff have reviewed fuel gas, medical gas, potable and non -potable water piping and waste piping systems, and rainwater system plans for single family residential, multi family residential, custom homes, resorts, and hotels. Disabled Access Review: BV has certified individuals who are able to respond to the needs of the City quickly. Additionally, the team includes ICC Certified accessibility plans examiners and inspectors who routinely conduct accessibility reviews to ANSI A117.1 for projects throughout the state from minor restroom upgrades to significant ADA compliance improvements. Green Building Review: BV has plan review engineers, plans examiners, and inspectors who are well versed and experienced with energy code compliance. Firm staff have been involved at various levels of energy code development in Washington and are certified to review and inspect for energy codes. BV staff have reviewed plans, and inspected projects, which incorporate new technology, and complex energy code compliance. Civil Engineering Review: BV's professional staff will familiarize themselves with all City, state, and federal requirements applicable to the project before beginning a review. Requirements for civil infrastructure originate from multiple sources including statutory requirements, local ordinances and design guidelines, federal requirements including ADA and NPDES, state requirements, and the requirements of any affected utilities, districts, or agencies. FIRE PLAN REVIEW BV staff have the capacity to consult closely with the local Fire Department Chief or their designated representative on any areas which require code interpretation or where alternate methods are being proposed and considered. The firm's proposed fire plan check engineers have specific experience working with multiple types of facilities to ensure compliance with applicable codes, standards, and amendments, including, IBC, the Adopted National Fire Protection Standards, the International Health and Safety Codes, and U.L. BV's experience includes written comments and verbal communication with applicants to better understand requirements and provide direction for compliance, as well as close communication with fire departments to clarify policies, code interpretations, plan review status, and procedures. BV has reviewed hundreds of projects for fire safety components, including NFPA 13, NFPA 72, and NFPA 101, among others. All personnel assigned to your project will have the necessary materials, resources, and training available to conduct plan reviews, including copies of applicable local amendments, policies, procedures, and forms. BV's fire plan reviews include, but are not limited to, the following: E • Fire sprinkler systems with • Architectural, fire and life hydraulic calculations safety plans examination • Fire alarm systems, Mechanical, plumbing, including pre-recorded and electrical code plans voice evacuation systems examination applicable • Flow and Tamper Alarm to fire construction and Systems requirements • Smoke detection and • Review and approval of dampers alternative materials/ • Fire pumps alternative design methods • Standpipe systems of construction • New Building Plans • Fire plan reviews for the • Tenant Improvements City's entitlement and • Underground water systems development process for fire suppression systems BUILDING INSPECTION BV can provide inspection services fora single project that presents unique complexities due to its construction or size, or we can provide enough staff to handle all inspection services for an entire jurisdiction. Our building inspection services can be adjusted to provide a high level of coordination specifically suited to the design -build concept. Our inspectors are ICC certified and have extensive experience in the construction trades as well. Fast -track projects may be built into small phases based on incremental design and fabrication steps. In such cases, our inspection team keeps daily logs to track corrections and plan review changes. BV's inspection teams also provide on -call building inspection services to cover staff vacation time, peak work loads, specialized inspection activities, and any other situations that may arise. These activities may include next -day inspections and same -day response to important or urgent requests. BV will provide the client with ICC certified personnel to provide the following services: 1. Read and study project specifications, plans, and drawings to become familiar with project prior to inspection, ensuring that structural or architectural changes have been stamped as approved by appropriate authority and recognizing the need for and requiring plan checks for electrical, plumbing, and mechanical code requirements. 2. Perform and document inspections on construction projects to determine that all aspects of the project such as foundations, building, electrical, plumbing, and mechanical systems conform to the applicable building codes, zoning ordinances, energy conservation, and disabled access requirements including known local, city, state, and federal requirements. 3. Review plans for building construction, plumbing, electrical, and mechanical details prior to making inspection. 4. Bring to the attention of the Client Name for approval of certain changes in building, plumbing, mechanical, electrical, and related work consistent with code and ordinance requirements. 5. Participate in reviews with fire, health, and other government agency inspectors, as well as owners. 6. Maintain a record of non -complying items and follow up to resolution of such items. Upon request, we will inspect existing buildings for substandard, unsafe conditions. Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 FIRE INSPECTIONS BV can place an experienced fire inspector for a single project or to augment existing staff to cover staff vacations and other leaves of absence. We can even provide all fire inspection on a daily basis. Systems and components we inspect include (but are not limited to): • Fire sprinklers, including systems beginning at property line, as directed • Fire pumps • Fire alarm systems • Automatic suppression systems, including Halon, FM200, and CO2 • Hoods • Duct extinguishing systems • Exits • Emergency lighting • Voice evacuation system • Fire Permit Services Additionally, we can provide regular inspections of all aspects of the fire permit requirements, whether annually, biannually, triennially, every five years, or any other length of time as mandated by the adopted codes. PLAN REVIEW METHODOLOGY BV's proposed team becomes familiar with the requirements of a public agency before beginning a review. The firm has extensive public sector experience, which assures the public's interests are fully protected. BV believes technical competence, while expected, is not enough. Experience and careful, thorough consideration of issues and impacts is needed in addition to the purely technical considerations. The firm has devoted a great deal of time and effort over the years to refining its approach and developing documentation to assist clients and train staff in understanding plan review procedures. BV will work to ensure submittals are properly coordinated and tracked through our tracking system, ProTrack, by following an established internal plan review coordination process in which each plan received for review is entered into the firm's database, processed, and returned on time to the client. BV's plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal. To accomplish this the firm: • Screen and log each application to assure they are routed to all plan reviewers in a timely manner. • Submittals are reviewed for compliance with all relevant state and City requirements. The log serves as a tracking device to assure turnaround times and completeness of the review. • Plan reviews will be done in accordance with local, state, and federal regulations with which local jurisdictions are mandated to enforce as well as all codes and ordinances in effect by adoption at the time of plan review. Preliminary consultations will be provided to the applicant upon request, to assist and guide them in the design and plans preparation process. • Information shown on each permit application is verified. Construction valuation is based on information provided by the City and compared to estimates provided by the applicant. 3 • Provide a thorough fire review of design drawings and details for compliance with the Washington Building Code architectural provisions, including provisions for safety glazing, building security, and noise insulation performance standards, to name a few. • Plan review management. • BV assures corrections are handled as quickly and as clearly as possible. The firm's goal is to help the applicant through the plan review process. All corrections are identified based on compliance with specified codes and regulations. Generally, corrections are identified in two ways. Notes are made on plans during electronic review or on hard copy plans, if appropriate, and a correction sheet is generated detailing what items need to be addressed before plans can be approved. The City shall approve the development of any customized correction sheets. Correction sheets for specific projects shall be forwarded to the City along with a cover memo containing at least the following: • The date(s) plans were received and reviewed by BV • The date(s) the applicant was notified of completed plan reviews • The name and telephone number of the applicant During the plan review process, BV is prepared to meet with the applicant or architect/engineer, City employees, or consultants at any time. Telephone discussions or meetings at project sites are welcomed to assure any plan review issues are handled efficiently. BV's goal is to issue approved plans as quickly as possible but in full compliance with laws, codes, ordinances, and regulations. Upon completion of the plan review, the following information package is prepared and logged as a minimum: • Completed plan review documents which include sign -offs • Transmittal letter documenting any conditions associated with issuance of a permit, if any • Marked up plan review documents • Two sets of approved building plans • Backup documents and reports • All documents shall be provided in a format desired by the City Plan Review Turnaround Times: BV shall meet or exceed the City's requirements. Turnaround times for each submittal relate to the size and nature of the submittal and impact on the project construction schedule. To reduce turn around times for plan review, the firm uses electronic submittals, phased submittals, conference calling, video- conferencing, and visits by plan review staff to design offices of the engineer or architect. Fast Track Plan Review: BV provides plan review activities on a fast - track basis to reduce the impact on project contraction schedules. To reduce turn around times for plan review, the firm uses electronic submittals, phased submittals, conference calling, video-conferencing, and visits by plan review staff to design offices of the engineer or architect. BV has built long-term partnerships with many agencies and municipalities. The firm understands accuracy, efficiency, and integrity in all aspects of professional services is required. Testimony to BV's professional excellence is the fact it has a large number of repeat clients and client referrals. Because of the firm's large pool of accessible resources it is able to assemble experienced personnel in Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 order to assist with project schedule recovery when necessary. BV also accommodates preliminary reviews to facilitate fast tracked or accelerated projects. This aids with timely turnaround and creates good public relations. The firm's staff makes recommendations for resolutions if requested. The firm also meets with agencies, City staff, and citizens, as needed, to discuss its findings. TRANSMITTAL OF CORRECTION LETTERS BV will email correction letters to the City representatives as well as the design team. If requested, we can send hard copy letters as well. Our team uses an established template but can customize the letter for the City or, should the City prefer, our team can utilize the City com ment letter templates. Deliverables and reports are prepared by BV in a clear and concise manner. The team is available to discuss findings over the phone, email or via video conferencing. ELECTRONIC PLAN REVIEWING BV provides an alternative solution to traditional plan reviewing. By utilizing Bluebeam, our plan reviewers can quickly and accurately review plans for compliance with applicable codes. Plans are submitted as PDF files via a secure and confidential FTP site. These plans are then reviewed by our staff who are able to place comments and redlines directly on the plans, corresponding to areas needing revisions. Redlined plans with comments are then forwarded to, or placed on the secure FTP site for the designers, engineers, and architects. The client also has access to the FTP site. Plans can then be revised and resubmitted via the same method described. If all items were resolved, hard copy plans are sent to BV for approval stamps and signatures. These stamped and signed approved drawings are sent to the jurisdiction for permitting. QUALITY CONTROL / QUALITY ASSURANCE To ensure that the work assignment is being performed at the highest professional level, BV relies on the management and technical excellence of its personnel and the continuous improvement of our services. BV monitors all work performance to ensure the quality of work, develops lessons -learned review sessions, and implements corrections and enhancements to the review process when needed for the benefit of the City and the success of the project. BV associates all share the responsibility for continual improvement of the firm's quality management process and believe the program, supported by the BV business model and its code of ethics, will ensure the continual delivery of high quality products and services to the City of Port Orchard. In doing so, the firm will establish itself as the City's preferred supplier in conformity assessment and certification services in the fields of quality assurance, health and safety, environment, and social responsibility (QHSE). BV's quality management system provides the framework for continual improvement of its internal management processes and resources which will in turn add value for the City through the services offered and delivered. In addition, our quality management system gives the company and the City the confidence that the provision of services and products will be delivered consistently to predetermined high standards worldwide. Accurate, Timely, and Responsive Plan Reviews: BV's plan check process highlights the tools and techniques the firm will employ to deliver quality, accurate, timely, and responsive plan reviews: • Reliable and Responsive Service: Salvador Gonzalez, C.B.O., through the firm's CARE plan review and processing program, proactive communication, proven project management tools, and best practices will anticipate the City's needs and quickly respond with accurate and detailed information every step of the way. The firm is available to meet with the City at its convenience to discuss procedures and projects to maintain momentum and schedule. • Efficiently Meet Turnaround Review Schedule and Maintain Development Momentum: A premium will be placed on BV staff's already well-grounded knowledge of the City's processes and requirements to pro -actively facilitate communication and processing. The firm will work to ensure proven quality assurance and schedule control measures are implemented. • Maintain Accuracy and Cost Savings Through Proven Processes and Continuity: BV is able to provide integrated, standardized processes and innovative digital, web -based solutions at no additional cost. Utilized by seasoned staff members who have worked successfully on plan check projects, this helps ensure reviews are consistent, thorough, accurate, and done right the first time. The firm is able to customize its approach for the City based on its needs in order to deliver solutions with positive results. • Customized Check Lists and Tracking Logs: A key to maintaining close communication is the ability to give the stakeholders (including elected officials, City staff, businesses, property owners, and other members of the public) status updates on where projects are in the review process. BV will utilize customized check lists and tracking logs for the City according to its needs to ensure the successful delivery of services. VA" 1Ufl New Construction Residential/Multi-Family 10 5 5 3 Residential Addition and/or Accessory Building 5 3 3 2 Residential Remodels 5 3 3 2 New Construction Non -Residential 10 7 7 5 Non -Residential Addition 10 5 5 By Appointment When requested by the City, the BV Team will attend meetings with the City plan review staff and permit applicants to discuss code requirements. Meetings will be virtual whenever possible. 4 •� Docusign Envelope ID: B5ABC19C-02B5-4C3D-9644-FA3AA3DA7CC0 August 15, 2025 City of Port Orchard BV's pricing reflects our commitment to the success of the City of Port Orchard by helping you maintain significant quality and cost saving benefits. ✓ Implementation of electronic plan review processes to help improve efficiency and control costs ✓ Commitment to maintain a proposed rate structure for the life of the initial contract period ✓ Highly qualified and licensed/certified staff ✓ Confidence of working with a well -established consultant in operation for 197+ years I• IS• 60%* Building Official Services/ Project Manager $150.00 Fire Protection Engineer/ Structural Engineer $160.00 Sr. Plan Review Engineer $145.00 Fire Plans Examiner $135.00 Plan Review Engineer / Sr. Plans Examiner $135.00 ICC Certified Plans Examiner $120.00 Fire Inspector $130.00 - $145.00 Senior Building Inspector $105.00 - $120.00 Building Inspector $90.00 - $105.00 Permit Technician $65.00 - $80.00 Administrative/Clerical $55.00 - $70.00 • * Includes up to (3) reviews; review of ASI's, RFI's or additional reviews if required will be invoiced hourly. • Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. • Fast track, expedited, or emergency plan reviews shall be an additional 1.5 times the fees shown above. • Hourly rates are subject to an annual increase in accordance with the CPI from Engineers News Record (ENR) and with the City's approval. • Extremely large and/or complex projects can be pre -negotiated. • Overtime (OT) will be charged at 1.25 times the standard hourly rate; hours worked on a designated holiday will be charged at the appropriate OT rate. No overtime will be charged without approval. • Mileage for employee -owned vehicles used in connection with the work will be at the current IRS rate. • Hourly services to be invoiced monthly; plan review fee to be invoiced after initial review. A