HomeMy WebLinkAboutCodeProsAN AGREEMENT BY AND BETWEEN
MASON COUNTY, WA,
AND CODEPROS, LLC.
FOR SUPPLEMENTAL BUILDING DEPARTMENT SERVICES
THIS AGREEMENT FOR BUILDING DEPARTMENT SERVICES (this "Agreement') is made
this T day of `S\'\3cch , 2021. The parties to this agreement are the Mason County
Department of Community Development, , hereinafter referred to as the "Department" and
CodePros, LLC, a Washington Limited Liability Company, hereinafter referred to as the
"Company".
In consideration of the recital, promises, and covenants herein set forth, and any other good and
valuable consideration receipted for, the parties agree as follows,
The Department authorizes the Company to perform supplemental building plan review
services and/or building and structure inspections services within the un-incorporated
boundaries of the County on an as -needed, non-exclusive basis as directed by Department
staff based upon the Washington State Building Codes and any other adopted codes and
state and local amendments, or applicable State and Federal requirements, and other
County adopted regulations, standards, and requirements related to building construction
(collectively, the "County's Codes").
2. The Company shall utilize the County's Codes as its governing criteria in all plan reviews,
and any building inspections performed by the Company.
3. The services to be provided by the Company to the Department are listed in "Attachment A —
List of Services Provided by CodePros, LLC." Services may be added, deleted, or modified
from time to time if jointly agreed upon by both parties. The parties further agree that the
fees listed in "Attachment B — Fee Schedule for Department Services Provided by
CodePros" may be modified if jointly agreed upon in writing by both parties in the event
services to be provided by the Company to the Department are added, deleted or modified
from those stated in Attachment A at the time this Agreement is signed.
4. In consideration of the Company providing such services, the Department shall pay the
Company for the services performed on each building permit in accordance with the fee
schedule included herein as "Attachment B — Fee Schedule for Department Services
Provided by CodePros". All fees will be billed and submitted by the Company to the
Department in accordance with the terms set forth in "Attachment B — Fee Schedule for
Department Services Provided by CodePros" and the Department shall pay such bill or
invoice in accordance with the terms set forth in "Attachment B — Fee Schedule for
Department Services Provided by CodePros".
5. Plan review and permit fees shall be based on the fee schedule as adopted by Mason
County, utilizing the fee table as adopted in Ordinance 123-08. Plan Review fees shall be
established as 65% of the permit fee. Project valuations shall be defined as the total value of
all construction work for which the permit is issued, and shall include but not be limited to: all
finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire
extinguishing systems, permanent equipment, architectural/engineering services and
contractors profit. The valuation shall be, at a minimum, as determined by utilizing the most
recently published "Square Foot Construction Costs" table published by the International
Code Council in its "Building Safety Journal" magazine.
,Pros, LLC, Mason County - Service Agreement Page 1 of 4
6. The Company is and shall be an independent contractor and not an employee or agent of the
Department. As an independent contractor, the Company and anyone employed by the
Company is not entitled to workers' compensation benefits or to unemployment insurance
benefits other than such worker's compensation or unemployment compensation coverage
as provided by the Company or some other entity. The Department shall not be liable for
payment of any unemployment benefits, employment taxes, worker's compensation claims,
or any and all other forms of compensation or benefit to any personnel of the Company
performing building department services herein for said Department. The Company
acknowledges that neither it nor its employees are covered by Mason County's Workers'
Compensation policy. Accordingly, the Company acknowledges and agrees that the
Company will provide Workers' Compensation insurance for all of its employees who are not
officers of the Company.
7. The compensation set forth in Exhibit B is inclusive of all costs of any nature associated with
the Company's efforts, including but not limited to salaries, benefits, expenses, overhead,
administration, profits, expenses, and outside consultant or subcontractor fees. As the
Company is an independent contractor, the Department shall have no liability or
responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all
other forms or types of compensation or benefits to any personnel performing inspection
services for the Department under this Agreement.
8. Insurance
The Company agrees to procure and maintain, at its own cost, and require any
subcontractors to procure and maintain at their own cost, a policy or policies of insurance
sufficient to insure against liability, claims, demands, and other obligations assumed by the
Company pursuant to this Agreement. Such insurance coverage shall be procured and
maintained with forms and insurers acceptable to the Department. In the case of any claims -
made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage. Such insurance shall be in addition to any
other insurance requirements imposed by law and shall cover the following issues:
8.1 Worker's compensation insurance to cover obligations imposed by applicable law
for any employee engaged in the performance of work under this Agreement, and
Employer's Liability insurance with minimum limits of one hundred thousand dollars
($100,000) each accident, for each employee.
8.2 Commercial general liability insurance with minimum combined single limits of
one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000)
general aggregate. The policy shall be applicable to all premises and operations. The
policy shall include coverage for bodily injury, broad form property damage (including
completed operations), personal injury (including coverage for contractual and employee
acts), blanket contractual, independent corporation, products, and completed operations.
The policy shall contain a severability or interests provision, and shall be endorsed to
include the Department as an additional insured. No additional insured endorsement
shall contain any exclusion for bodily injury or property damage arising from completed
operations.
8.3 Professional liability insurance with minimum limits of one million dollars
($1,000,000) each claim and one million dollars ($1,000,000) general aggregate.
9. The Company agrees to indemnify, defend, and hold harmless the Department, its officers
and employees from and against liability, claims and demands on account of injury, loss or
damage, including, without limitation, claims arising from bodily injury, personal injury,
CodePras,LLC, Mason County - Service Agreement Page 2 of 4
sickness, disease, death, property loss, or damage (including reasonable attorney's fees and
litigation costs) to the extent caused by the negligent act, omission, or error of the Company,
or any officer, employee, representative or agent of Company.
10. The Department shall indemnify and hold the Company harmless for claims against the
Company arising from the enforcement of any of Mason County's Codes, as defined herein,
which are determined by a court of competent jurisdiction to be unconstitutional or otherwise
invalid and in cases where the professional services provided pursuant to this Agreement are
performed in good faith and as generally accepted standards practiced by others providing
similar services.
11. The Department agrees to indemnify, defend, and hold harmless the Company, its officers
and employees from and against liability, claims and demands on account of injury, loss or
damage, including, without limitation, claims arising from bodily injury, personal injury,
sickness, disease, death, property loss, or damage (including reasonable attorney's fees and
litigation costs) to the extent caused by the negligent act, omission, or error of the
Department, or any officer, employee, representative or agent of Department.
12. Either party to this Agreement may terminate this Agreement upon thirty (30) days written
notice to the other party. If such termination does occur, all structures that have had
inspections made but are not completed at the time of termination may be completed through
final inspection at the agreed fee rate if the Department so requests and if the Company
agrees to do so, provided that the work to reach such completion and finalization does not
exceed sixty (60) days. The Department shall pay all outstanding fees owed to the Company
for the work accomplished to the date of termination within thirty (30) days of the date of
termination.
13. The initial term of this agreement shall be one year. Extensions of this Agreement shall be
negotiated between the Company and the Department prior to termination. In the absence of
written extension or newly negotiated terms, the Agreement will continue in force until such
time as either party notifies the other of their desire to terminate this Agreement pursuant to
the terms and conditions herein.
14. The extent of this agreement shall be limited to a maximum total value (fee amount(s)) not to
exceed $50,000.00 (fifty thousand dollars) unless otherwise established in writing.
15. The Department and its duly authorized representatives shall have access to any books,
documents, papers and records of the Contractor, other than the Company's financial
records, that are related to this Agreement for the purposes of audit or examination, and may
make excerpts and transcriptions of the same.
16. All building inspection records, documents, notes, plans, data and other materials required
for or resulting from the performance of the services hereunder shall not be used by the
Company for any purpose other than the performance of the services hereunder without the
express prior written consent of the Department. All such records, documents, notes, plans,
data and other materials shall become the exclusive property of the Department when the
Company has been compensated for the same as set forth herein, and the Department shall
thereafter retain sole and exclusive rights to receive and use such materials in such manner
and for such purposes as determined by it.
17. The Company will not discriminate against any employee or applicant for employment
because of race, color, religion, age, sex, disability or national origin. Such action shall
include but not be limited to the following: employment, promotion, demotion, transfer,
COdePPos.IIC, Mason County - Service Agreement Page 3 of 4
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training. The Company agrees to post in conspicuous
places, available to employees and applicants for employment, notice to be provided by an
agency of the federal government, setting forth the provisions of the Equal Opportunity laws.
18. The Company shall comply with the appropriate provisions of the Americans with Disabilities
Act (the "ADA"), as enacted and as subsequently amended and any other applicable federal
regulations.
19. Prohibition Against Employing Illegal Aliens. The Company shall not knowingly employ or
contract with an illegal alien to perform work under this contract. The Company shall not
enter into a contract with a subcontractor that fails to certify to the Company that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract.
20. This Agreement shall be construed and enforced in accordance with the provisions of
Washington law and the codes, resolutions and ordinances related to the services covered
herein.
21. In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if
said dispute cannot be settled through negotiation, the parties agree first to try in good faith
to settle the dispute by mediation, before resorting to arbitration, litigation, or some other
dispute resolution procedure.
22. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when
directly presented or sent pre -paid, first class United States Mail, addressed as follows:
If to the Department:
If to the Company:
Mason County Department of Community Development
Attn: Kell Rowen
426 W. Cedar
Shelton, WA 98584
Michael J. Barth, Managing Member
CodePros, LLC.
P.O. Box 185
Allyn, WA 98524
23. This Agreement constitutes the complete, entire and final agreement of the parties hereto
with respect to the subject matter hereof, and shall supersede any and all previous
communications, representations, whether oral or written, with respect to the subject matter
hereof.
Mason County, WA
CodePros, LLC.
By : //
Date: 1)31 11 z1
By: i Date: 3/5 / c'.)1
Michael J. arth, Managing Member
CodePros. LLC, Mason County - Service Agreement Page 4 of 4
ATTACHMENT A
List of Services Provided by CodePros, LLC for Mason County Department of Community
Development - CodePros Services Agreement dated `0(1,a,CCh 'L. , 2021
Note: This list of services can be updated and amended as necessary to ensure the
Department's needs are met and the services provided satisfy the County, property owners, and
the building community.
Plan Review services provided as part of the agreement
Perform plan review on select building projects in the County on a non-exclusive, as -needed
basis as requested by the Department. These may include any type of construction project,
such as, without limitation: single-family residential construction; multi -family residential
construction; new commercial, industrial, and institutional construction; as well as tenant
improvements and/or remodeling projects in any existing buildings.
Building plan review will, as directed by Department staff, include review of foundation systems,
structural systems, plumbing and mechanical systems and energy code provisions to determine
compliance with the Washington State Building Code, along with the Plumbing, Mechanical,
Fuel -Gas and Energy Codes, and any local amendments adopted by Mason County. Follow-up
plan review of corrections of identified items is included.
Plan Review turn -around time -frame targets are as follows:
Project Size based on Valuation:
Plan Review Turnaround
time to first comments:
Goal
IRC Residential Projects
5 working days
99%
IBC Small Commercial Project
(Valuation less than $1M)
15 working days
99%
IBC Large Commercial Project
(Valuation $1M to $10M)
20 working days
100%
IBC Exceptionally Large Project
(Valuation greater than $10M)
30 working days
100%
Other Services provided as part of the agreement:
o Provide code interpretations and professional opinions as requested by the Department
o On -call building inspections as requested by the Department (minimum 48 hours notice)
o Application of the provisions of the Existing Building Code as adopted by the State of
Washington in regard to existing and/or historic structures
o Communicate and coordinate efforts with professional partner employees, service
providers, and other jurisdiction staff, elected officials and other agencies
o Provide regular status and activity reports
o Maintain proper legal records, provide document storage, and respond to public
disclosure records requests
CodePros. L1C, Mason County - Service Agreement, Attachment A
ATTACHMENT B
Fee Schedule for Department Services by CodePros, LLC.
CodePros Services Agreement dated '(`(iMC\n 2, 2021
CodePros' Plan Review Service Fees:
o Building Plan Review Service Fee (Commercial > $1 M) 55% of County's review fee
o Building Plan Review Service Fee (Commercial = < $1 M) 60% of County's review fee
o Building Plan Review Service Fee (1-2 Family Residential) 75% of County's review fee
o Attendance of Pre-Ap conference for projects > $1 M valuation no charge
o Attendance of Pre-Ap conference for projects =<$1 M valuation $50.00 per hour
o Fire Code Plan Review $75.00 per hour
Other Fees:
o Supplemental On -Call building inspections $75.00 per hour
o Project Support (upon specific request of jurisdiction) 65% of County's review and
permit fee
o Inspections outside of business hours $120.00 per hour, (2 hour minimum)
o Investigative Services and/or testimony $150.00 per hour
o Code consultation and/or code interpretation, not associated with plan review services
above (as requested by the Department) $75.00 per hour
o Analysis of alternate methods and/or materials $75.00 per hour
o Structural engineering review by P.E. (projects<$4M) (actual costs)
o Structural engineering review by P.E. (projects>$4M) no additional charge
(Service is all-inclusive; there are no additional fees for mileage, customer question response,
jurisdiction question response, (up to two) plan review re -checks, document preparation, shipping, etc.)
Terms:
CodePros bills for the previous month, typically by the third business day of the month, payable
within 30 days. Plan review: 60% of fee due upon first comments, the remaining 40% upon
completion of the final review. If billing discrepancies are identified by the Department, such
discrepancy shall be brought to the attention of the Company prior to the payment due date.
CodePros.L[C, Mason County - Service Agreement,
Attachment B