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025-20 - BHC Consultants, LLC - ContractCITY OF PORT ORCHARD (WATER CONCURRENCY) PROFESSIONAL SERVICES AGREEMENT THIS Agreement ("Agreement") is made effective as of the 16th day of Jangaa 2020, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and BHC Consultants, LLC, a corporation, organized under the laws of the State of Washington, doing business at: BHC Consultants, LLC (hereinafter the "CONSULTANT") 1601 Fifth Avenue, Suite 500 Seattle, WA 98101 Contact: Jim Gross, P.E. Phone: 206.505.3400 Fax: 206.505.3406 For on -call professional engineering services regarding concurrency determinations in the water distribution systems. TERMS AND CONDITIONS 1. Services by Consultant The Consultant shall perform the on -call professional services generally described as follows: The Consultant shall perform the water concurrency professional services described in the Scope of Work attached to this Agreement as Exhibit "A." Performance of such services will be on a Task Order basis. 2. Description of Work The City shall issue a written Task Order for each project assigned to the Consultant. The written Task Order shall include the following information, which may be furnished in consultation with the Consultant: (1) Task Order Title (project name); (2) technical approach to the task (if necessary); (3) specific deliverables; (4) schedule with milestones and deliverables; (5) budget; (6) due date of work. All of these items will be sufficiently detailed for the Consultant to understand the work being authorized and the amount it will cost. Written Task Orders and Notices to Proceed may be issued as e-mail documents. The City does not permit subconsultants for those items of work necessary for the completion of any Task Order on any project. The Consultant shall not subcontract with subconsultants for the performance of any work under this Agreement without prior written permission of the City. 3. Duration of Work City of Port Orchard and BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 UAContracts\2020\CO25-20 BHC - Water Concurrenry\CO25-20 BHC - Water Concurrency.docx 1 of 14 The Consultant shall not begin any work under this Agreement until an authorized Task Order has been agreed upon by the parties, and the City has issued a Notice to Proceed. This Agreement shall expire on December 31, 2020, unless extended by an amendment executed by the duly authorized representatives of the parties. The City reserves the right to offer two, one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation Compensation under this Agreement will be on a "time and materials, not to exceed" basis. Compensation for services for all Task Orders shall be collected by the City from Developers requesting concurrency review. 5. Payment A. This Agreement does not guarantee any amount of work for the Consultant. Task Orders will be developed as determined by the City and as provided for in this Agreement. The City shall pay the Consultant an amount based on time and materials for the services described in Section 1 herein. B. The Consultant shall be paid by the City for completed services rendered under each approved individual Task Order. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies equipment and incidentals necessary to complete the work. The Consultant shall bill the City on a monthly basis showing each task as a separate item with the "not to exceed" amount, any prior billings, the current billing, and the balance remaining by task. C. The amount paid by the City for each invoice shall not exceed the hourly billing rates set forth in Exhibits B & C. The City shall pay the full amount of an invoice within sixty (60) days of receipt. 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. D. 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. E. 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. F. If the services rendered do not meet the requirements of this Agreement or any Task Order issued pursuant thereto, the Consultant will correct or modify the work to comply with this Agreement or Task Order. The City may withhold payment for such work until the work meets the requirements of this Agreement or Task Order. 6. Discrimination and Compliance with Laws City of Port Orchard and BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 U:\Contracts\2020\025-20 BHC - Water Concurrency\CO25-20 BHC - Water Concurrenry.docx 2of14 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. 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. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 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. 7. Relationship of Parties 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 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 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. Suspension and Termination of Agreement 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. 1. 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 City of Port Orchard and BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 U:\Contracts\2020\025-20 BHC - Water Concurrency\CO25-20 BHC - Water Concurrency.docx 3of14 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. 2. 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 Sus enp sign. 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 Section 15 herein. 9. 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. 10. Ownership of Work Product A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at City of Port Orchard and BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 U:\Contracts\2020\025-20 BHC - Water Concurrency\025-20 BHC - Water Concttrrency.docx 4of14 least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. 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 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. 12. Indemnification The 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 all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or 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, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance The Consultant shall procure and maintain for the duration of this 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. Before beginning work on the project described in this Agreement, the Consultant shall provide evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits (at a minimum): A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. 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 City of Port Orchard and BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 U:\Contracts\2020\025-20 BHC - Water Concurrency\CO25-20 BHC - Water Concur cy.docx 5of14 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. 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 Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage 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. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. City of Port Orchard and BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 U:\Contracts\2020\025-20 BHC - Water Concurrency\CO25-20 BHC - Water Concurrenoy.do" 6of14 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. 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. 14. Assigning or Subcontracting The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 16. Resolution of Disputes and Governing Law CONSULTANT Ron Dorn, President BHC Consultants, LLC 1601 Fifth Avenue, Suite 500 Seattle, WA 98101 Phone: 206.505.3400 Fax: 206.505.4306 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, Washington. City of Port Orchard and BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 U:\Contracts\2020\025-20 BHC - Water Concwrenay\CO25-20 BHC - Water Concurrenry.do" 7of14 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. 17. General Provisions A. 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. B. 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. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Ag er ement. The written provisions of this Agreement, together with any Exhibits and Appendices attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits and Appendices attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits or Appendices to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI 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: 1. 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. City of Port Orchard and BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 UAContracts\2020\CO25-20 BHC - Water Concurrenry\CO25-20 BHC - Water Concurrency.docx 8of14 2. 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. 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. 4. 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. 5. 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: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON ,. LIM City of Port Orchard and BHC>Spnsullants, LLC V -001 Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 U TomncIA2020\CO25-20 BHC - Water Concurrency\CO25-20 BHC - Water Concurrency &cx 9of14 Robert Putaansuu, Mayor Name: Title: 40e 7 !F ATTESPAUT ATE: By: Xrn y Ri arson, C City Clerk APPROVE FORM:� By: t arlott�A. cher, City Attorney %.try aj rort vrcnara ana url(, Consultants, LLC _— Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1 /16/2020 UACO-IMISUD20CM-20 BHC - Win Concu CYm CO25-20 BHC - Wow Cc.c• y d." 10 of 14 Exhibit A EXHIBIT A Scope of Work City of Port Orchard Water Supply Facilities Concurrency Professional Engineering Services Statement of Understanding This Contract for on -call Professional Engineering Services is to supplement the capabilities of City of Port Orchard staff by providing engineering services related to the City's water supply facilities. BHC will perform this work for developers on behalf of the City of Port Orchard through this on -call contract. Deliverables will be reviewed by the City first, before being provided to the developer. Specific work under this Contract will be performed by BHC Consultants, LLC on an individual task order basis. A specific scope, budget, and schedule will be provided for each requested task order. The Consultant is expected to respond promptly to task order requests. The Schedule of Charges is included as Exhibit B. The Schedule of Non -Labor Charges is included as Exhibit C. BUDGET These projects will be performed at the rates and charges shown in Exhibits B and C, and the costs will be passed on directly to the developer. PROJECT SCHEDULE To be determined on a task order basis. City of Port Orchard and BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 U:\Contracts\2020\CO25-20 BHC - Water Concurrency\CO25-20 BHC - Water Concurrency. docx 11 of 14 2020 Schedule of Charges EXHIBIT B s s;L A[ s Billing Title Hourly Billing Rates Principal Engineer $245 - $286 Senior Structural Engineer $230 - $255 Senior Electrical Engineer $225 - $255 Senior Project Manager $220 - $245 Senior Engineer $180 - $275 Project Engineer $135 - $200 Staff Engineer $120 - $160 Planning Manager $165 - $220 Senior Planner $150 - $165 Planner $100-$125 GIS Specialist* $120 - $130 Field Inspector & Building Inspectors* $120 - $170 Building Code Compliance Review $100 - $250 CAD Manager* $160 - $180 Draftsperson* $110 - $140 Project Administrator* $110 - $135 Project Assistant/Word Processor* $110 - $120 Professional Reimbursement: The hourly billing rates include the cost of salaries of the BHC employees, plus paid sick and safe leave, vacation, holiday, other fringe benefits, indirect overhead and fee. All employees classified as "non-exempt" (billing category denoted with *) by the U.S. Department of Labor will be compensated at 1-1/2 times salary for overtime hours, as per State and Federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. Communication Fee: Project Labor times 3.0% which includes telecommunications, faxes, standard U.S. Mail, mobile phones, and internet access. Direct Expenses: Reimbursement for direct expenses incurred in connection with the work, will be at cost plus ten percent. See Schedule of Non -Labor Charges for detail. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2020 through December 31, 2020, and will be adjusted thereafter. City of Port Orchard and BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 U\Contracts\2020\CO25-20 BHC - Water Concurrency\025-20 BHC - Water Concurrency. docx 12 of 14 Schedule of Non -Labor Charges January 1, 2020 EXHIBIT C Non -Labor Charges Description Fee Reproduction In -House Reproduction B&W Print 8.5" x 11" $0.15/Copy B&WPrint 11" x 17" $0.30/Copy B&W Plot (Line Drawings) up to 6 sq. ft. $2.00/Copy B&W Plot (Line Drawings) Large Format Plot (> 6 sq. ft.) $0.33/Sq. Ft. B&W Mylar up to 6 sq. ft. $14.00/Copy Color Plot (Color Graphics) up to 6 sq. ft. $12.00/Copy Color Plot (Color Graphics) Large Format Plot (> 6 sq. ft.) $2.00/Sq. Ft. Color Print 8.5" x 11" $1.00/Copy Color Print 11" x 17" $2.00/Copy External Reproductions Cost + 10% Subconsultants & Contractors Cost + 10% Transportation & Travel Airfare Cost + 10% Lodging Cost + 10% Meals Cost + 10% Vehicle Rental & Gas Cost + 10% Public Transportation & Taxis Cost + 10% Parking Cost + 10% Mileage IRS Rate Standard U.S. Mail, Express Mail, Cost + 10% & Courier Special Fees, Insurance, Permits, Cost + 10% and Licenses Software & Equipment Cost + 10% Imaging Cost = $49.00 per Unit Cost + $50 3D Imaging Unit Equipment Charge = $50.00 Equipment Charge Per Per Unit Unit 3D Imaging (Floor Plans) Floor Plans = $15 per Unit Unit Cost + $10% City of Port Orchard and BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 U.Tontracts\2020T025-20 BHC - Water ConcurrencyT025-20 BHC - Water Concurrency.docx 13 of 14 EXHIBIT D 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 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 BHC Consultants, LLC Water Concurrency Professional Service Agreement Contract No. 025-20 Rev 1/16/2020 U:\Contracts\2020\025-20 BHC - Water Concurrency\CO25-20 BHC - Water Concurrency.docx 14 of 14