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Contract - 01-14-2020 - 10520 - Amendment No. 1 Personal Services Agreement Townzen & AssociatesAS -10520 BOCC Agenda Meeting Date: 01/14/2020 PSA Amendment 1 Townzen & Assoc. Submitted For: Elaine Placido, Director of Community Services Submitted By: Elaine Placido, Director of Community Services Department: Building & Planning Information Motion Items 3. Subject and Summary Statement The Department of Building & Planning (Department) recommends approval of Amendment No. 1 to Contract BP 070-2018R with Townzen & Associates (Contractor) for completion of residential plan review services. The Amendment extends the contract through December 31st, 2020, all other terms remain unchanged. Will Staff Attend - NAME OF STAFF Yes, Elaine Placido Department Recommendation The Department recommends approval Attachments Townzen PSA Form Review Inbox Reviewed By Date Ronda Hollis, Risk and Purchasing Ronda Hollis 12/27/2019 10:31 AM Tiffany Ostreim, Clerk of the Board Tiffany Ostreim 12/30/2019 04:16 PM Form Started By: Elaine Placido Started On: 12/24/2019 09:53 AM Final Approval Date: 12/30/2019 AMENDMENT NO. One to Cowlitz County Professional Services Agreement with Townzen & Associates Inc. RECEIVED JAN 116 2Prn COWLt IL uuu,, . BUILn!NG & PLANN!N. 1. This Amendment No. ONE to Agreement is between Cowlitz County, Washington, COUNTY"), and ("CONTRACTOR") shall take effect and be in force on the below stated date of authorization as agreed to by COUNTY and CONTRACTOR. 2. COUNTY AND CONTRACTOR have entered into an Agreement for professional services, to wit: Board agenda item AS -9851, approved and executed by the Board of County Commissioners, which agreement will expire on, January 14, 2020. 3. COUNTY is now in need of continuing professional services under the original Agreement through, December 315', 2020, and CONTRACTOR is amenable to extending his/her professional services to COUNTY under the same terms and conditions of the original Agreement, and as set forth below. 4. Both COUNTY and CONTRACTOR agree to modify the original Agreement as in the parties' best interests and in furtherance of the purposes and intent of this amendment, as set forth below: a. Extending contract to December 31, 2020. 5. Except as provided above in this Amendment No. One, all terms, conditions, duties, obligations and provisions of the original Agreement and any prior Amendment(s) shall remain in full force and effect. The parties hereto have executed this agreement on this the 14th day of January, 2020, and each signatory to this Amendment No. One warrants that he/she is duly authorized and executes this Amendment for and on behalf of the below -inscribed parties hereto. CONTRACTOR: By: , !lli21.) trtobw'l /ea -a authorized by Bylaws to sign) ATTEST: BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON Joe Gardner, Chairman J r` Nr t ennis P. Weber, Commissioner 7 w i COv Lry I •0 tL Co AIT•, iffa str ,Clerk of oard` ,;,,1,GTJN 0n ke Arne Mortensen, CommissionerHL/ CONTRACT AMENDMENT FORM I -EAS BEEN APPROVED BY COWLITZ COUNTY PROSECUTING ATTORNEYS OFFICE Page 1 of 1- Amendment No. Townzen & Assoc. AS-9851 BOCC Agenda Meeting Date: 01/15/2019 RFP 07-2018 Plan Review Services Contract Execution-Townzen Residential Plan mp:ke,EivEn oks Submitted For: Matt Hanson, Purchasing Services Submitted By: Matt Hanson, Purchasing Services Department: Purchasing Services Motion Items 5. Information Subject and Summary Statement The Department of Building & Planning (Department) recommends approval of contract BP 070-2018R for completion of residential plan review services with Townzen & Associates (Contractor). The contractor will provide residential plan review under the direction and supervision of the Building Official. In addition to standard residential plan review, the contractor will provide opportunities for expedited plan review, participation in pre -application meetings as requested, and structural engineering review services. The Contractor agrees to provide standard (first pass) residential plan review within 5 working days, plan rechecks within 2 working days, and expedited plan review within 2 business days. Will Staff Attend - NAME OF STAFF NO Department Recommendation 11 is the recommendation of the Purchasing Manager and Building and Planning Director that the Board of County Commissioners approve this contract execution request. Attachments contract Form Review Inboa Reviewed By Date Dana Gigler Matt Hanson 01/09/2019 04:00 PM Matt Hanson (Ong or) Matt Hanson 01/09!20190401 PM Dana Gigler Dana Gigler 01/10/2019 10.50 AM Elaine Placido Elaine Pladdo 01/10/2019 10.52 AM Matt Hanson (Originator) Man Hanson 01/10/201901.13 PM Axel Swanson Axel Swanson 01/10/2019 0114 PM Tiffany 00(18m. Clerk of the Board Tiffany Oslreirn 01/10/2019 01 15 Pfd Form Started By: Mall Hanson Started On. 01/09/2019 01.55 PM Final Approval Date: 01(10/2019 PERSONAL SERVICES AGREEMENT Contract Number: BP 070-2018R THIS AGREEMENT is entered into between COWLITZ COUNTY, a political subdivision of the State of Washington, (hereinafter called "County" or "Cowlitz County") and Name: Townzen & Associates Inc. Address: 221 Kenyon ST NW, Suite 102 Olympia, WA 98502 Phone N0: 360-754-2335 Hereinafter called "Contractor"). This Agreement is comprised of: Attachment A — Scope of Work Attachment 8 — Compensation Attachment C — General Conditions Attachment D — Special Terms and Conditions and Retirement Status Form (signature required) Attachment E — (specify) Vendor response to County issued RFP #07-2018 copies of which are attached hereto and incorporated herein by this reference as if fully set forth. The term of this Agreement shall commence on the 15" day of January 2019 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 14" day of January, 2020. IN WITNESS WHEREOF, the parties have executed this Agreement on this 15th day of January 2019. CONTRACTOR: Les Townzen Print name: les Town1en Title: Preodent/ceo Date: 1/9/2019 Optional for Commissioner Approval) ATTEST: 2019 COWLITZ COUNTY: Title: BOCCapprova/ subject to Board ratification or authorization) CONTRACT HAS BEEN APPROVED AS TO FORM BY COUNTY PROSECUTING ATTORNEY Tiffany stream, Cl of the Board t 2014_ver. 3] PERSONAL SERVICES AGREEMENT ATTACHMENT B SCOPE OF WORK The contractor agrees to complete the professional services work on the Cowlitz County, as described below (or in the attached document), including the following elements: See attached vendor response to County RFP 07-2018. Plan Review Schedules for Residential Permits: Townzen will provide residential plan review under the direction and supervision of the Building Official. In addition to standard residential plan review, the contractor wit provide opportunities for expedited plan review, participation in pre -application meetings as requested, and structural engineering review services. Timelines/Schedule for Residential Plan Review:)response page 5) Standard Residen First Review- 5 working days Standard Residential Plan Review Recheck - 2 working days Residential Expedited Plan Review First Review - 2 Working days Residential Expedited Plan Review Recheck - 1 working day Plan Review ATTACHMENT B Page 1 PERSONAL SERVICES AGREEMENT ATTACHMENT A In the event the Contractor, or its agents or assigns, are unable to complete their work as scheduled, the contract period and compensation may be adjusted by mutual agreement of the County and Contractor. ATTACHMENT A Page 1 PERSONAL SERVICES AGREEMENT ATTACHMENT 8 COMPENSATION 1. a. FIXED FEE FOR SERVICE: For services rendered, the County shall pay to the Contractor a fixed fee of DOLLARS ($ ) for the completed work set forth in Attachment "A.". Payments for completed tasks shall be made no more frequently than bi-monthly; quarterly; semi-annually; annually; at completion of project; other (specify) Each request for payment shall be supported by an invoice specifying the tasks completed up to the request for payment and the payment amount requested. In no event shall payment be sought in an amount which represents a percentage of the fee greater than the percentage of completed tasks, OR 0 b. HOURLY RATES: For services rendered, the County shall compensate the Contractor at the following hourly rates: Name/Position Hourly Rate Plan Examiner $85.00 Structural Engineer $125.00 Payments for completed tasks shall be made no more frequently than monthly; quarterly; 0 semi- annually; annually; at completion of project; 0 other (specify) Each request for payment shall be supported by an invoice specifying: the name/position of the Contractor's employee if two or more are identified above; number of hours worked; completed tasks for which compensation is sought and; payment amount requested. In no event shall Contractor be compensated in excess of DOLLARS for the completed work set forth in Attachment "A." 2. AND a. The compensation set forth herein includes, without limitation: labor, materials, equipment, travel, telephone, computer, copiers and the like. OR O b. The County shall reimburse the Contractor for actual expenses incurred for travel, telephone, copiers and computer. Reimbursement for airfare, mileage, meals and/or accommodations shall be at the same rate as that applicable to county employees traveling on county business. AND c. Other (specify) The County, in addition to the compensation herin set forth shall provide to the Contractor the following: Fees for Residential Plan Review: (Response page 12) 50% of the Plan Review Fee (calculated) (First Review and Recheck included) Additional Plan review (beyond first and recheck) Hourly for Plans ATTACHMENT B Page 1 PERSONAL SERVICES AGREEMENT ATTACHMENT 8 Examiner $85 Expedited Plan Review is 100% of Plan Review Fee (calculated) (First and Recheck included, additional review equal to 2 times the hourly rate) Timelines/Schedule for Residential Plan Review:(response page 5) Standard Residential Plan Review First Review- 5 working days Standard Residential Plan Review Recheck - 2 working days Residential Expedited Plan Review First Review - 2 Working days Residential Expedited Plan Review Recheck - 1 working day ATTACHMENT 8 Page 2 PERSONAL SERVICES AGREEMENT ATTACHMENT C GENERAL CONDITIONS Scope of Contractor's Services. The Contractor agrees to provide to the County services and any materials set forth in the project narrative identified as Attachment A during the agreement period. No material, labor, or facilities wit be furnished by the County, except as provided for herein. 2. Accounting and Payment for Contractor Services. Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment B. Unless specifically stated in Attachment 8, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Delegation and Subcontracting. Contractor's services are deemed personal and no portion of this contract may be delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the County Project Manager. 4. Independent Contractor. The Contractor's services shall be furnished by the Contractor as an independent contractor and nothing herein contained shall be construed to create a relationship of employer/employee or master/servant. The Contractor acknowledges that the entire compensation for this Agreement is specified in Attachment B and the Contractor is not entitled to any county benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental or other insurance benefits, or any other rights or privileges afforded to Cowlitz County employees. The Contractor represents that it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract with the Internal Revenue Service on a business tax schedule, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. In the event that either the state or federal government determines that an employer/employee or master/servant relationship exists rather than an independent contractor relationship such that Cowlitz County is deemed responsible for federal withholding, social security contributions, workers compensation and the like, the Contractor agrees to reimburse Cowlitz County for any payments made or required to be made by Cowlitz County. Should any payments be due to the Contractor pursuant to this Agreement, the Contractor agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed. Notwithstanding any determination by the state or federal government that an employer/employee or master/servant relationship exists, the Contractor, its officers, employees and agents, shall not be entitled to any benefits which Cowlitz County provides to its employees. 5. No Guarantee of Employment. The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 6. Regulations and Requirements. This Agreement shall be subject to all federal, state and local laws, rules, and regulations. 7. Right to Review. This contract is subject to review by any federal or state auditor. The County shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County Project Manager. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for six (6) years after ATTACHMENT C Page 1 PERSONAL SERVICES AGREEMENT ATTACHMENT C contract termination, and shall make them available for such review, within Cowlitz County, State of Washington, upon request, during reasonable business hours. 8. Modifications. Either party may request changes in the Agreement. Any and at agreed modifications shall be in writing, signed by each of the parties. 9. Termination for Default. If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. Mail, postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor agrees to bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 10. Termination for Public Convenience. The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion that such termination is in the interests of the County. Whenever the contract is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. 11. Termination Due to Insufficient Funds. If sufficient funds for payment under this contract are not appropriated or allocated or are withdrawn, reduced, or otherwise limited, the County may terminate this contract upon thirty (30) days written notice to the Contractor. No penalty or expense shall accrue to the County in the event this provision applies. 12. Termination Procedure. The following provisions apply in the event that this Agreement is terminated: a) The Contractor shall cease to perform any services required hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any. b) The Contractor shall provide the County with an accounting of authorized services provided through the effective date of termination. c) If the Agreement has been terminated for default, the County may withhold a sum from the final payment to the Contractor that the County determines necessary to protect itself against loss or liability. 13. Defense and Indemnity Agreement. To the fullest extent permitted by law and except to the extent caused by the sole negligence of the County, the Contractor shall indemnify, defend and hold the County and its appointed and elected officers, agents and employees, and volunteers, harmless from and against any and all claims for any injuries, death or damage to persons or property (including any loss of use resulting therefrom), directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement. Contractor's obligation to indemnify, defend and ATTACHMENT C Page 2 PERSONAL SERVICES AGREEMENT ATTACHMENT C hold harmless includes any claim by Contractor's agents, employees, representatives, or any subcontractor or its employees. Contractor expressly agrees to indemnify, defend and hold harmless the County from any claims arising out of or incident to either Contractor's or its Subcontractor's performance or failure to perform the Agreement. It is further agreed by and between the parties that in no event shall any County appointed or elected officer, agent, employee, or volunteer, when executing their official duties in good faith, be in any way personally liable or responsible for any agreement or performance contained herein, whether express or implied, nor for any statement or representation made herein or in any connection with this Agreement. 14. Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, or other worker's compensation act, disability benefit act, or other employee benefit act of any jurisdiction otherwise applicable, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. Along with the other provisions of this Agreement, this waiver is mutually negotiated by the parties to this Agreement. 15. Venue and Choice of Law. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action shall be in the courts of the State of Washington in and for the County of Cowlitz. This Agreement shall be governed by the law of the State of Washington. 16. Withholding Payment. In the event the County Project Manager determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the County Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the County Project Manager set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provision of the Disputes clause of this Agreement. The County may act in accordance with any determination of the County Project Manager which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the County under this clause. 17. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available bylaw. 18. Contractor Commitments, Warranties and Representations. Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether ATTACHMENT C Page 3 PERSONAL SERVICES AGREEMENT ATTACHMENT C or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 19. Patent/Copyright Infringement. Contractor will defend, indemnify and save harmless County, its appointed and elected officers, agents and employees from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of the Contractor's alleged infringement on any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County, its appointed and elected officers, agents and employees in any action. Such defense and payments are conditioned upon the following: a) That Contractor shall be notified promptly in writing by County of any notice of such claim. b) Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 20. Disputes: a) General. Differences between the Contractor and the County, arising under and by virtue of the contract documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. The records, orders, rulings, instructions, and decision of the County Project Manager shall be final and conclusive thirty (30) clays from the date of mailing unless the Contractor mails or otherwise furnishes to the County Project Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the County Project Manager are in error. In connection with any appeal under this clause, the Contractor and County shall have the opportunity to submit written materials and argument and to offer documentary evidence in support of the appeal. Oral argument and live testimony will not be permitted. The decision of the County Project Manager for the determination of such appeals shall be final and conclusive. Reviews of the appellate determination shall be brought in the Superior Court of Cowlitz County within fifteen (15) days of mailing of the written appellate determination. Pending final decision of the dispute, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered. b) Notice of Potential Claims. The Contractor shall not be entitled to additional compensation or to extension of time for (1) any act or failure to act by the County Project Manager or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c) Detailed Claim. The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. ATTACHMENT C Page 4 PERSONAL SERVICES AGREEMENT ATTACHMENT C 21. Ownership of Items Produced and Public Disclosure. All writings, programs, data, art work, music, maps, charts, tables, illustrations, records or other written, graphic, analog or digital materials prepared by the Contractor and/or its consultants or subcontractors, in connection with the performance of this Agreement shall be the sole and absolute property of the County and constitute work made for hire" as that phrase is used in federal and/or state intellectual property laws and Contractor and/or its agents shall have no ownership or use rights in the work. Except as to data or information in the public domain or previously known to Contractor or required to be disclosed by law, subpoena or other process, the following shall apply: a) Correspondence, emails, reports and other electronic or written work product will be generated between the Contractor and County during the course of this Contract. This Contract and such work product in the possession of Contractor may be deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW (Public Records Act). Thus, the County shall be required, upon request, to disclose this Contract and all documents related to it unless an exemption under the Public Records Act or other laws applies, Contractor shall fully cooperate with and assist the County with respect to any request for public records received by the County related to the services performed under this Contract. b) Should County receive a request for disclosure, County agrees to provide Contractor ten (10) days written notice of impending release, and to cooperate with any legal action which may be initiated by Contractor to enjoin or otherwise prevent such release, provided that all expense of any such litigation shall be borne by Contractor, including any damages, attorney's fees or costs awarded by reason of having opposed disclosure, and further provided that County shall not be liable for any release where notice was provided and Contractor took no action to oppose the release of information. Notice of any proposed release of information pursuant to Chapter 42.56 RCW, shall be provided to Contractor according to the "Notice" provision herein. If the Contractor has not obtained an injunction and served the County with that injunction by the close of business on the tenth business day after the County sent notice, the County will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Contractor must not take any action that would affect (a) the County's ability to use goods and services provided under this Contract or (b) the Contractor obligations under this Contract. The Contractor will fully cooperate with the County in identifying and assembling records in case of any public disclosure request. c) Contractor's failure to timely provide such records upon demand shall be deemed a material breach of this Contract. To the extent that the County incurs any monetary penalties, attorneys' fees, and/or any other expenses as a result of such breach, Contractor shall fully indemnify and hold harmless County as set forth in Section 13. For purposes of this section, the terms "public records" and "agency" shall have the same meaning as defined by Chapter 42.56 RCW, as said chapter has been construed by Washington courts. The provisions of this section shall survive the expiration or termination of this Agreement. 22. Recovery of Payments to Contractor. The right of the Contractor to retain monies paid to it is contingent upon satisfactory performance of this Agreement, including the satisfactory completion of the project described in the Scope of Work (Attachment A). In the event that the Contractor fails, for any reason, to perform obligations required of it by this Agreement, the Contractor may, at the County Project Manager's sole discretion, be required to repay to the County all monies disbursed to the Contractor for those parts of the project that are rendered worthless in the opinion of the County Project Manager by such failure to perform. Interest shall accrue at the rate of 12 percent (12%) per annum from the time the County Project Manager demands repayment of funds. ATTACHMENT C Page 5 PERSONAL SERVICES AGREEMENT ATTACHMENT C 23. Project Approval. The extent and character of all work and services to be performed under this Agreement by the Contractor shall be subject to the review and approval of the County Project Manager. For purposes of this Agreement, the County Project Manager is: Name: Elaine Placido Title: Director Department: Building and Planning Address: 207 N. 4'" Ave. Telephone: 360-577-3052 E-mail: placidoe@co.cowlitz.wa.us Fax: 360-414-5550 In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the County Project Manager as to the extent and character of the work to be done shall govern subject to the Contractor's right to appeal that decision as provided herein. 24. Non -Discrimination. The Contractor shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap. 25. Subcontractors. In the event that the Contractor employs the use of any subcontractors, the contract between the Contractor and the subcontractor shall provide that the subcontractor is bound by the terms of this Agreement between the County and the Contractor. The Contractor shall insure that in all subcontracts entered into, County is named as an express third -party beneficiary of such contracts with full rights as such. 26. Third Party Beneficiaries. This agreement is intended for the benefit of the County and Contractor and not for the benefit of any third parties. 27. Standard of Care. The Contractor shall perform its duties hereunder in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession as Contractor currently practicing under similar circumstances. The Contractor shall, without additional compensation, correct those services not meeting such a standard. 28. Time is of the Essence. Time is of the essence in the performance of this contract unless a more specific time period is set forth in either the Special Terms and Conditions or Scope of Work. 29. Notice. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, any notices shall be given by the Contractor to the County Project Manager. Notice to the Contractor for all purposes under this Agreement shall be given to the person executing the Agreement on behalf of the Contractor at the address identified on the signature page. 30. Severability. If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 31. Precedence. In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a) Applicable federal, state and local statutes, ordinances and regulations; b) Scope of Work (Attachment A) and Compensation (Attachment 8); c) Special Terms and Conditions (Attachment D); and d) General Conditions (Attachment C). ATTACHMENT C Page 6 PERSONAL SERVICES AGREEMENT ATTACHMENT C 32. Waiver. Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 33. Attorney Fees. In the event that litigation must be brought to enforce the terms of this agreement, the prevailing party shall be entitled to be paid reasonable attorney fees. 34. Construction. This agreement has been mutually reviewed and negotiated by the parties and should be given a fair and reasonable interpretation and should not be construed less favorably against either party. 35. Survival. Without being exclusive, Paragraphs 4, 7, 13-19, 21-22 and 30-35 of these General Conditions shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other Paragraphs of this Agreement which, by their sense and context, are intended to survive shall also survive. 36. Entire Agreement. This written contract represents the entire Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein, ATTACHMENT C Page 7 PERSONAL SERVICES AGREEMENT ATTACHMENT D SPECIAL TERMS AND CONDITIONS AND RETIREMENT STATUS FORM 1. Reporting. The Contractor shall submit written progress reports to the County Project Manager as set forth below: O With each request for payment. Monthly. Quarterly. Semi-annually. O Annually. Project completion. Other (specify) Progress reports shall include, at a minimum, the following: Individual permit numbers for which plan review was completed date project received and date completed time spent on the review number of passes/reviews fee for review total number of permit applications reviewed -total time spent on reviews -any exceptional circumstances such as expedited permits, unusual challenges in plan review -number of meetings with the County Reports shall include any problems, delays or adverse conditions which will materially affect the Contractor's ability to meet project objectives or time schedules together with a statement of action taken or proposed to resolve the situation. Reports shall also include recommendations for changes to the Scope of Work, if any. Payments may be withheld if reports are not submitted. O 2. Insurance. The Contractor shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Contractor or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: COMPREHENSIVE GENERAL LIABILITY: Bodily injury, including death. $1,000,000 per occurrence Property damage $1,000,000 per occurrence ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY with an Extended Reporting Period ATTACHMENT D Page 1 PERSONAL SERVICES AGREEMENT ATTACHMENT D Endorsement (two year tail). $1,000,000 per occurrence E WORKERS COMPENSATION: Statutory amount E AUTOMOBILE: coverage on owned, non -owned, rented and hired vehicles Bodily injury, liability, including death $1,000,000 per occurrence Property damage liability $1,000,000 per occurrence All Contractor's and Contractor's subcontractors' insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non-contributory. Any insurance, self-insured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All Contractor's and 'Contractor's subcontractors' liability insurance policies must be endorsed to show this primary coverage. Upon request, the Contractor shall provide a full and complete certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer's financial condition or licensing status in Washington. Any deductibles and/or self-insured retentions exceeding $10,000, stop loss provisions, and/or exclusions contained in such policies must be approved by the County in writing. For any deductibles or self-insured retentions exceeding $10,000 or any stop -loss provisions, the County shall have the right to request and review the Contractor's most recent annual financial reports and audited financial statements as a condition of approval. Contractor hereby agrees to a waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Contractor enter into such a waiver of subrogation on a pre -loss basis. The County, its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Contractor's and Contractor's subcontractors' insurance policies by way of endorsement for the full available limits of insurance maintained by the Contractor and subcontractor, and all coverage shall be primary and non-contributory. A statement or notation of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [ This endorsement shall not be required if the Contractor is a governmental entity and is insured through a governmental entity risk pool authorized by the State of Washington.] The Contractor shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self- insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation or non -renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: Risk Manager, Cowlitz County Administrative Svc., 207 4th Ave. N., Kelso, WA 98626. This Agreement shall be void ab initio if the proof of coverage is not timely supplied. The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Contractor under this Agreement. All insurance policy ATTACHMENT D Page 2 PERSONAL SERVICES AGREEMENT ATTACHMENT D deductibles and self-insured retentions for policies maintained under this Agreement shall be paid by the Contractor. Compensation and/or payments due to the Contractor under this Agreement are expressly conditioned upon the Contractor's strict compliance with at insurance requirements. Payment to the Contractor shall be suspended in the event of non-compliance. Upon receipt of evidence of Contractor's compliance, payments not otherwise subject to withholding or set-off will be released to the Contractor. This Agreement shall be void ab initio if the proof of coverage is not timely supplied. If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims -made policy, the Extended Reporting Period Endorsement is not required. 3. Liquidated Damages. For delays in timely completion of the work to be done or missed milestones of the work in progress, the Contractor shall be assessed Dollars ($ ) per day as liquidated damages and not as a penalty because the County finds it impractical to calculate the actual cost of delays. Liquidated damages will not be assessed for any days for which an extension of time has been granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire project. 4. Other (specify) ATTACHMENT D Page 3 PERSONAL SERVICES AGREEMENT ATTACHMENT D COUNTY RETAINS THIS FORM Individual contractors and service providers must complete and sign 5. WA Department of Retirement Systems: Independent Contractor Verification and State Retirement Status Reporting Form [WAC 415-02-110; DRS Email 13-011; DRS Email 09-0011 SECTION 1: INDIVIDUAL CONTRACTOR COMPLETES THIS SECTION AND SIGNS: Did you retire from one of the State of Washington Retirement Systems? 0 YES 0 NO Did you retire before age 65 using the 2008 early retirement factors (ERF)? YES 0 NO Will you be receiving direct compensation for your services? 0 YES 0 NO Will you be receiving indirect compensation for your services? 0 YES 0 NO CONTRACTOR (Full, individual name of contractor): Signature: Les Townzen Social Security No. : ss7-33-0921 Date: 1/9/2019 SECTION 2: COUNTY COMPLETES THIS SECTION AND RETAINS FOR AUDIT PURPOSES: Use Member Reporting Verification (MRV) to verify the past retirement membership] 1. Contractor has been a member of a Washington State Retirement System 0 YES 0 NO If YES, what system and plan? Teachers' Retirement System (TRS) Planl O School Employees' Retirement System (SERS) O Public Employees' Retirement System (PERS) 0 Plan 1 O Public Safety Employees' Retirement System (PSERS) O Law Enforcement Officers' & Fire Fighters' Retirement System (LEOFF) 0 Plan 1 Washington State Patrol Retirement System (WSPRS) 0 Plan 1 Judicial Retirement System (JRS) 0 0 Plan 2 Plan 2 0 Plan 2 0 Plan 2 0 Plan 2 0 Plan 2 Plan 3 O Plan 3 Plan 3 2. Is the contractor a retiree of a Washington State Retirement System? 0 Yes 0 No 3. Did the contractor retire before age 65 using the 2008 ERF? 0 Yes 0 No I have verified the information above using MRV or by contacting DRS, and I have evaluated the individual Contractor, Independent Contractor or Service Provider under WAC 415-02-110 and/or DRS Form -MS 344 R 5/09), and the Internal Revenue Service rules governing independent contractor status. COUNTY OFFICIAL/DEPARTMENT REPRESENTATIVE: Signature: Date: COUNTY RETAINS THIS FORM ATTACHMENT D Page 4 TOWNZEN & ASSOCIATES, INC Request for Proposals Plan Review Services 07-2018 z County PREPARED BY N EN & ASSOCIATES INC November 19, 2018 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 1 of 24 TOWNZEN & ASSOCIATES, INC November 19, 2018 Mr. Mike Wilson, CBO Cowlitz County Building Department 207 4th Ave N STE 119 Kelso, WA 98626 RE: Request for Proposals Plan Review Services #07-2018 Dear Mr. Wilson: Townzen & Associates, Inc is pleased to present our response to your RFP request and Fee Proposal for building plan review services for Cowlitz County. We have carefully prepared our proposal to meet the specifications outlined within the RFP. Townzen & Associates, Inc is a Washington grown company with our headquarters office located in Olympia, WA within convenient travel to many local jurisdictions as well as having the ability to service customer's nationwide. We are in the process of opening an office in Vancouver, WA. We provide a wide range of services to local jurisdictional community development departments, fire and tribal agencies including plan review, inspections and technical assistance. Our employees are well known in the construction industry and have developed long- standing relationships with not only our clients but also project owners, architects, engineers, and contractors due to their experience in local jurisdictional positions. Townzen & Associates, Inc delivers a quality product on time, every time. We have earned a stellar reputation because we are responsive, innovative, and dedicated to providing exceptional products and services to our clients. We have earned that confidence by going the extra mile to resolve code issues, to deliver our services on time, and to assist in ensuring that their projects will be designed and constructed in accordance with the requirements of the building code. We accomplish this by providing the highest value of services utilizing a team of professionals who are committed to offering highly beneficial programs covering the current and anticipated issues and needs of the client. Many of our staff have many years' experience working for many State of Washington local jurisdictions, this provides you as the client the assurance that we understand and use the State of Washington amendments every day and have many years' experience is applying those amendments. We feel this gives us an advantage over other firms who have the bulk of their staff out of state. 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 1 of 12 TOWNZEN & ASSOCIATES, INC Firm Summary NAME OF FIRM: Townzen & Associates, Inc 221 Kenyon ST NW I Suite 102 Olympia, WA 98502 PH: (360) 754-2335 PRINCIPAL OFFICER: Les Townzen, CFPS I President/CEO 221 Kenton St NW I Suite 102 Olympia, WA 98502 360-754-2335 YEAR ESTABLISHED: Sole Proprietor July 2005 -December 2014 Washington S Corporation January 1, 2015 -Present TYPE OF BUSINESS: Self Certified Small Business Washington S Corporation State of Washington UBI#: 603-449-070 Oregon Registration #146779293 Federal ID No.: 47-2320983 We have two offices, the main office in Olympia and a second office in North Vancouver. This account would be serviced by both offices depending on the type of project to be reviewed and work flow. Subcontractors: Mr. Afeiche is the only sub -contractor for these projects. Mr. Afeiche is a Washington State Licensed Structural Engineer and his resume is included. We have been working with Mr. Afeiche for the last six years on multiple projects. Thank you for considering Townzen & Associates, Inc for your third -party services. We look forward to the opportunity to work with you and your staff and are confident that we can provide outstanding service and technical excellence for the County. Should you have any questions or require further information, please do not hesitate to contact me Mr. Les Townzen at 3600-754-2335. Sincerely; Townzen & Associates, INC Les Townzen, CFPS President/CEO 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 2 of 12 EXHIBIT A CERTIFICATIONS AND ASSURANCES I/we make the following certifications and assurances as a required element of the proposal to which It Is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract: 1. l/we declare that all answers and statements made in the proposal are true and correct. 2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal. 3. The attached proposal is a firm offer for a period of 60 days following receipt, and it may be accepted by the COUNTY without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60 -day period. 4. I/we understand that the COUNTY will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the COUNTY, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal. 5. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly, to any other Proposer or to any competitor. 6. 1/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document. 7. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 8. I/we grant the COUNTY the right to contact references and other, who may have pertinent information regarding the ability of the Consultant and the lead staff person to perform the services contemplated by this RFP. 9. If any staff member(s) who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation, his/her name(s) is noted an a separately attached page. We (circle one) are I are not submitting proposed Contract exceptions. (See Section 2.10, Contract and General Terms and Conditions.) If Contract exceptions are being submitted, I/we have attached them to this form. On behalf of the C,QQnsultant submitting this proposal, my name below attests to the accuracy of the abovie statnt. L'Si j naturey Proposer President/CEO 11/19/2018 Title Date Page 1 of 1 TOWNZEN & ASSOCIATES, INC T Epft!sl`tCAi ORCF OSAI,_ A. Projc.t Approach Providing services to local jurisdictions is what we do, the majority of our client list is helping local agencies for the last 12 years. Our local agency clients benefit from Townzen & Associates' astute understanding of local government issues and priorities. This knowledge allows us to effectively address the specific needs of our clients and attain the objectives of the agency. We consider ourselves an extension of your staff which drives delivery of our higher standard of service and includes "out of the box" thinking and problem -solving. Business and technology changes quickly - because Townzen & Associates' consultants are attuned to what is happening within government, we are creative in quickly confronting challenges and realize that flexibility, adaptability and innovation is always required. We have top -of - their -field people dedicated to using their experience and knowledge to make your job easier. As a professional public service provider, we provide a greater degree of effective communication, co-ordination, administration and management. Open communications are the key to any successful project, especially with using third party plan review firms, the work is being done away from your office. Our philosophy is to keep the client informed of all issues and updates by either personal contact and/or electronic means. All clients have different needs for communications, with over 30 local agencies that we work with, they all have special or different needs. We will work with the County to identify how the County wants the communication process to work. Our goal is to provide a service that is transparent to the County clients. It is Townzen & Associates' years of experience that offer jurisdictions a knowledgeable, professional, and respectful approach to building and fire code enforcement. Townzen & Associates delivers a quality product on time, every time. We have earned a reputation for stellar service because we are responsive, innovative, and deliver quality products. Perhaps the most important, because of years of experience in the municipal service sector, we know the significance of delivering reasonably prices services and keeping your costs down. Werk flan, As a professional public service provider, we provide a greater degree of effective communication, co-ordination, administration and management. We encourage an integrated and motivated professional and construction team whose function it is to achieve timeous completion of a facility, without sacrificing good design, quality and a well-functioning facility. We understand the role of each professional involved in the project, including the architects, the engineers and the builders. Townzen & Associates will always look after the client's interests, whether it involves the building design, the construction methods or changes in either 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 3 of 12 TOWNZEN & ASSOCIATES, INC costs or scheduling. At every stage of the project, our involvement will mean real benefits including: Optimization and value analyses; Program analysis through commissioning including obtaining environmental permits; Management of budgets and schedules; The ability to work in a "fast track" mode; Constant communication among at parties involved; The application of strict health and safety standards; Open communications are the key to any successful project, our philosophy is to keep the client informed of all issues and updates by either personal contact and/or electronic means. Our staff works collaborate with our clients and their customers to achieve project code compliance with the fewest plan review cycles as possible. Townzen & Associates will provide the following scope of building plan review services. Plans will be carefully reviewed for their compliance with the model codes adopted by the State of Washington and as amended by the Cowlitz County. Plans are thoroughly reviewed for the following: Building, fire & life safety: IBC with Washington State Amendments (WSA) Mechanical: IMC with WSA Plumbing: UPC with WSA ADA: ICC A117.1 Energy: Washington State Energy Code Fire: IFC with WSA (as needed) Existing Buildings: International Existing Building Code Electrical as it pertains to building code issues. (Exit lighting, emergency lighting etc.) Structural: Our structural plan review staff is experienced in reviewing new and retrofit projects utilizing wood, masonry, reinforced concrete, pre -stressed concrete, structural steel, and light gauge steel construction. Quality Control and Assurance: We provide a thorough assurance/quality control program through assignment of a project manager who follows the plan review project from submission through to approval. We conduct weekly staff meetings to make sure the project is moving smoothly through our process to provide and clarification on any details, issues or questions throughout the process. All plan review projects and the associated documents are thoroughly reviewed by the project manager prior to being released to the jurisdiction. 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 4 of 12 TOWNZEN & ASSOCIATES, INC Pr9fLet. Schedule Proposed Number of working days for plan check: (New taable per needs of jurisdiction( Type of Project Standard Review Time I Expedited Review Time Commercial U to $5M in valuation 10 Business Days* 5 Business Days*, **** Commercial 5M -$10M in valuation 15 Business Days* Negotiable Depending on the I size of the •ro ect CCommercial20 10M+ in valuation Business Days* I Negotiable Depending on the I size of the project Commercial Re -Check 10 Business Days*-** Business Days'-** Residential 5 Business Days* 2 Business Days* Residential Re -Check 2 Business Days* 1 Business Days* Tenant Improvements 5 Business Days*-*** 1-2 Business Days*-*** TI Re -check 2 Business Days*- 1 Business Days*--** First review comments or approved plans will be issued by Townzen & Associates with respect to the plan reviews within the following business days from the receipt of the plans. The day of plan submittal does not count within the appropriate business day. Review of the re -submittal will be completed within the following business days from the receipt of the re -submitted items. The day of plan submittal does not count within the appropriate business day. Tenant Improvements: depending upon completeness of submittal. Any projects that included the structural review will have 5 business days added to time frames, expedited reviews with structural reviews will be based on the availability of the engineer. Ord:conies and Performance Measurementent The key performance factor is how we as the third -party plan review firm perform our services to the County in relation to plan review turnaround times. Our number one priority is to make this process as transparent as possible, so that the Counties client, the public does not see any reduction in services provided to them. We keep a very detailed accounting of every project that goes through our firm. We track all aspects of the plan review process via a spreadsheet and the Building Official and/or other department contact will have access to this spreadsheet, so that at any time they can look to see where in the process the project is. Our measurement is how often did we meet or beat the projected plan review time lines. If we did not what was the reasoning for the missing the deadline, and those issues are looked at by us and the County to resolve depending on the issue. 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 5 of 12 TOWNZEN & ASSOCIATES, INC E. Risks The potential risk to any project would something that was missed in the plan review process and later caught in the field. We strive to make sure that all plan reviews are complete, but as with any process, we are not perfect and occasionally miss something. It is recognized that even though something was missed during plan review, the project still must meet the codes. Generally, these types of issues are resolved in the field with the approval from the Building Official, or the project given time to rectify the issue. Any issue that is not identified by our review, we will provide time too assist the County with the issue at no additional charge to the County. We have in our internal controls that all review projects go through a quality control review by a separate plan reviewer before being set back to the jurisdiction. F. aels=v:erah es Plans Pickup and Delivery: Once the plans have been submitted to the county, we can be notified by email and/or phone that plans are ready for pick up and we will provide the pick-up and delivery in person for all projects, with offices in both Olympia and Vancouver there is no issues with us providing the pick and delivery. Currently, we have staff that travel from Olympia to Kalama and Woodland twice a week for inspections in those jurisdictions, so pick and drop twice a week is no issue for us. We have proposed a typical plan review turnaround time table under project schedule. We have no issue with the 10 working day turnaround for standard projects, and larger projects can be negotiated at time of submittal with the County. Pian Review: Outlined below is our general process and standard guidelines that we utilize to provide plan review services. If awarded this contract, we would meet with staff to review this guideline and standard and make any adjustments needed to make certain we meet the County's unique processing procedures. We will work with the County in a seamless manner for review of plans for code compliance, keeping projects records accurately and to keep the project moving swiftly to completion. Plan reviews result in typewritten lists of comments always referring to specific details, drawing sheets, and applicable code sections. Should the County have a specific format for correction or approval letters we are happy to utilize your format. Correction lists will be electronically sent to the County -designated staff members as required by County. We recognize and understands that code interpretations are subject to final review and approval by the Building Official. It is further understood all plan review comments are subject to the review by County staff members. Plan reviews will be conducted within the time frame guidelines established by the County. 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 6 of 12 TOWNZEN & ASSOCIATES, INC Expedited reviews can be accommodated. Plan review approval will not be recommended to the County until all code compliance issues are resolved to the best of our knowledge and all permit issuance requirements of the County Building Division are satisfied. Upon plans approval, the County is forwarded a transmittal including plans and associated documents with plans stamped "approved for permit issuance (language to be determined by the County. including any general notes as provided by the County) to indicate plans have been reviewed and found to be in substantial compliance with applicable codes. The transmittal will indicate any deferred submittals, special inspection forms, etc. to be included as part of the information to be submitted to the County during construction. Any appeals and/or requests for use of alternate materials, design and methods of construction will be forwarded to the Building Official for determination with recommendations on appropriate response. Office Hours and Meeting Availabilitv: Townzen & Associates staff is available for applicant inquires or conferences anytime during business hours without charge via telephone; 8:00 AM to 5:00 PM, Monday thru Friday. We can easily alter our hours to meet the County's needs. We can also meet with County staff, architects and applicants. We recognize the values of pre -design consultation with prospective applicants and are available to this service as well. Our project manager and plan reviewer will be available in person for consultation and meetings with a reasonable lead time. Communications: Communication with the applicant on plan review letters and/or issues can be done one of two ways. We can forward all communication through the building official who then sends to the information to the applicant or we can provide direct communications with the applicant with courtesy copies to the building official. We have worked projects both ways with different jurisdictions and have no problems either way. All plan check comments will be formatted to the County's established correction list templates. Digital Plan Review: We have been performing electronic plan reviews for over three years now utilizing the Bluebeam program and is our preference on how we perform plan reviews. 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 7 of 12 TOWNZEN & ASSOCIATES, INC Robert Bradley Fire Plan Reviewer Fire Consultant ent Les Townzen, CFPS President/CEO Client Manager Ron Kemp, CBO Senior Plan Review Staff -QC Debi Cler Plan Reviewe Gary Allsup Plan Reviewer Nicolas Affiech, PE Structural Engineer cement The project team is made up of plan review staff that will be assigned to this project and upper level senior staff and management serving as quality control. All projects that are reviewed by us go through a quality control check by another plan reviewer to assure that all issues have been identified and that the plan review process, communications and documents meet the Counties requirements for plan reviews. The staff listed above is our typical template for services to local jurisdictions. Mr. Les Townzen, as company President is the final authority and responsibility for all work conducted by the firm. 2 Experience of the fonsu to int a. Residential Plan Review -Over the last 6 years, we have performed hundreds (750+) of residential reviews for Pierce County, Clark County, City of Puyallup, City of Kalama, and City of Woodland. b. Fire Plan Reviews -Both Mr. Townzen and Mr. Bradley are former Fire Marshals for larger local jurisdictions in Washington, Oregon and California with over 51+ years of fire plan review for all types. Currently we provide Fire Marshal services for the City of Kalama and perform a variety of fire plan review services for other local jurisdictions. c. Industrial and Commercial Plan Review -Since the beginning of our firm in 2006, we have performed plan reviews on all types of projects from simple TI's to schools (10+), hospitals (2), office, apartments (including 5 story residential over 2 story of retail), higher education buildings, memory care facilities. This year, 2018 the firm has performed plan reviews worth an estimated valuation of over 215M+, and that is just counting the large projects over 2M, let alone all the small ones under 2M and the previous years this firm has been in operation and this does not count all of the 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 7S4-2335 1 www.townzen-consulting.com Page 8 of 12 TOWNZEN & ASSOCIATES, INC projects that were completed by our staff when they were working for local jurisdictions. d. Other Experience- All our staff have previous experience working other local jurisdictions. Our total staff experience exceeds over 100 years of total work experience in the field. Our sub -contractor has been working with us for over 6 years performing structural plan reviews when requested by the local jurisdiction and has work on a large variety of projects and also has worked on many school projects doing constructability and value engineering for CSG. Ci of OI m •ia Contact Information j City of Olympia Building Department, Mr. Rafik Gindy- Senior Plans Examiner -360-753-8280 Firms Role and Responsibility Contract Status Plan review services for building, structural, mechanical, plumbing, energy and ADA. Contract since 2006. City of Puyallup Contact Information Mr. Ray Cockerham -Building/Fire Code Official -253- 841-5585 Firms Role and Responsibility Contract Status Contact Information Plan review services for building, structural, mechanical, plumbing, energy and ADA. Current contract expires 12/31/18 Clark County Mr. Jim Muir, Chief Building Official -360-397-2470 Firms Role and Responsibility Plan review services residential permits Contract Status Current contract expires 12/31/18 City of Woodland Contact Information Mr. Peter Boyce, City Manager Firms Role and Responsibility Complete building code official services. Plan review services for building, structural, mechanical, plumbing, energy and ADA and inspection services. Summary of Firms deliverables Plan review services for building, structural, mechanical, plumbing, energy and ADA and inspection services. Contract Status Current contract expires 12/31/2019 City of Kalama Contact Information Mr. Adam Snee-City Administrator Firms Role and Responsibility L Complete building and fire code official services. Full plan review and inspection services for both building and fire. Summary of Firms deliverables Plan review services and review of re -submittals. Plan review services for building, structural, mechanical, plumbing, energy, ADA and fire & life safety. Full inspection services. 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 9 of 12 3 TOWNZEN & ASSOCIATES, INC Contract Status On-going contract no expiration, since 2016 Pierce County Contact Information Pierce County Building Department, Ms. Donna Magnussen-Plans Examiner Lead. Ph: 253-798-7262 Residential Plan review services. Firms Role and Responsibility Contract Status In 2nd year of a 4 -year contract. This is our 2nd contract. . City of Vader Jill Nielson, City Clerk 360-295-3222ContactInformation Firms Role and Res•onsibili Full building official services, plan reviews and inspections. Contract Status We are in our 3'd year. City of Tumwater Contact Information Al Christensen, CBO 360754-4180 Firms Role and Responsibility Provide plan review and inspection man power back up for building dept. and fire sprinkler and fire alarm plan reviews. Contract Status In our 4thyear of contract. City of Roy Debbie Dearinger, City Clerk 253-843-1113ContactInformation Firms Role and Responsibility Provide plan review and inspections for building dept. Contract Status In our first contract Mason County Kristopher Nelson, Permit Assistance Center Manger 360-427-9670 Contact Information Firms Role and Responsibility Provide plan review and inspections for building dept. Contract Status In our second contract. We have other jurisdictions who we have recently signed contracts. San Juan County City of Shelton Th only employee that is less than 24 months separated from public employments is Robert Bradley, City of Olympia Fire Department, Assistant Chief Fire Marshal We have never had a contract terminated for default. 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 10 of 12 TOWNZEN & ASSOCIATES, INC References City of Olympia 601 4th Avenue E, Olympia, WA 98501 Mr. Todd Cunningham Building Official Services: Commercial and residential plan reviews. 360 - 753- 8486 tcunning@ci.olympia.wa.us City of Mr. Ray Cockerham 253- RayC@ci.puyallup.wa.us Puyallup Building Official 841- 333 S. Meridian, Services: Commercial and residential plan reviews. 5585 Puyallup, WA 98371 Clark Mr. Jim Muir 360- Jim.Muir@clark.wa.gov County Chief Building Official 397- 1300 Franklin Services: Commercial and residential plan reviews. 2470 Street, Vancouver Contract: March 2018 -Present Expires: 12-31-18 WA 98660 221 Kenyon St NW 1 Suite 102 I Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 11 of 12 TOWNZEN & ASSOCIATES, INC Rate and Service Structwe The service rate below is all inclusive and a flat fee structure. The fees include all staff costs and expenses including the sub -contractor for structural review when asked for the County. There is not a way to calculate a budget for this type of work. Each and every project will have different costs based on how long it takes to perform the review, no two projects are the same. Our cost includes the time for two reviews, the first review and then one re -submittal, if there are more reviews required because of a change in the project or the after two reviews all of the corrections have not been made, then all other reviews are billed based on hourly rates. Building Plan Review Services: Valuation W/Structural WO/ Structural Review Review 0-$500,000 Per Hourly Rate* Per Hourly Rate 40%** 500,001-3M 60%** 3M -5M 55%** 35%** 5M -10M 50%** 30%** 10M+ 45%** 30%** Residential Plan Review 50% of the County's Collected Plan Permit Fee The hourly rate is charged for both disciplines. ($85/Hr for the plan reviewer plus 125/Hr for the structural engineer.) ** Percentage of the County's collected plan review fee. Services Based on Hourly Rates Plan Examiner 85.00/Hour Structural Engineer 125.00/Hour The fees associated with the plan review will include one initial review and one re- submittal review. Any additional reviews will be charged at the hourly rate listed in this proposal. Deferred submittals or additional plan reviews required by changes, additions or revisions to plans will be an additional fee based on actual hours utilized at the appropriate hourly rate with a minimum of 1 hour. Expedited Review Fees: Our standard rate for an expedited review is a surcharge that equals 2x our fee. 221 Kenyon St NW 1 Suite 102 1 Olympia, WA 98502 Phone: (360) 754-2335 1 www.townzen-consulting.com Page 12 of 12