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Professional Services Agreement with Whitman and Associates for Building Plan Examiner ServicesPROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING PLANS EXAMINER SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BU LDING PLANS EXAMINER SERVICES ("Agreement") is made and entered into this day of , 2012, by and between Whitman & Associates, Inc. ("Contractor") whose addres is 8124 W. Blackberry Court, Boise, Idaho 83709, and the City of Meridian ("City") whose address is 33 East Broadwa Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred Y to as "Parties." WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications as per Section I. (D) below. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE I OF I6 otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code section 39-4108; within thirt~30) days of hiring or reassigning such personnel, such personnel shall be full qualified and certified as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: 1. ICC Building Plans Examiner; 2. Within six (6) months of execution of this Agreement, ICC Residential Plans Examiner; 3. Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Se~~~ices. F. Cell Phone. Contractor and their employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 2 OF 16 Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. Insurance. Contractor shall name the City as additional insured as stated in I. (1)(3) herein only with respect to Contractor's activities performed under this Agreement. Such insurance shall be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing athirty-day notice of cancellation endorsement. Conh•actor shall obtain (at Contractor's sole expense) and maintain throughout the term of this Agreement, and upon execution of this agreement shall provide City with proof of each and all of the following insurance coverages: Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City's sole discretion if Contractor's general liability insurance is revolted, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor shall be afforded a reasonable time to obtain insurance. If Contractor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liability insurance with a combined single limit per occurrence of not less than five hundred thousand dollars ($500,000). 3. Errors and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollars ($500,000) per occurrence, naming the City of Meridian as an additional insured. 4. Workers' compensation insurance on Contractor and all persons in Contractor's employ in the minimum amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the worlter's compensation insurance requirements of the State of Idaho regarding sole proprietors. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 3 OF t6 K. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Deslztop PC aizd Related Equipment Issued to Contractoi^ hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind Inay be stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City-Contractor Liaison. III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon work or on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term maybe extended by separate written addendum, duly executed by both parties. B. Non-Appropriation of Funds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 4 OF 16 Meridian City Council. The City reserves the right to terminate the Agreement if the Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as maybe required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract: 1. Fourty percent (40%) of coimnercial building plan review fees collected by the City annually. 2. Fourty percent (40%) of residential building plan review fees collected by the City annually. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with the Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the defined milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall be entitled only to Contractor's allocated share of permit revenues for services provided during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of five hundred dollars ($500.00) for each business day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 5 OF 16 or agent of Contractor shall be deemed an employee of City in any manner or for any purpose, Specifically, without limitation, Contractor understands, acknowledges, and agrees; 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. L Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Daunt Whitman PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 6 OF 16 Attn: Development Services Manager Whitman & Associates, Inc. 33 E. Broadway Avenue Meridian, Idaho 83642 8124 W. Blackberry Court Boise, Idaho 83709 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement Inay be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any tune, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and tune expended, recorded in 15-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as maybe established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revolted, suspended, or not renewed; PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 7 OF 16 c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. £ If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional mannel•; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or i. If the City Council determines that ilmnediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agIeement. K. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. 1VI. Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Conh•actor shall indemnify, PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 8 OF 16 defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees as a result of or arising out of the work performed under this Agreement and arising from the sole or joint negligence of Contractor. N. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. O. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 9 OF 16 U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. WHITMAN & ASSOCIATES, INC.: ~ J~ ~ ~ -_ Daunt Whitman, President CITY OF MERIDIAN: i~~~l~ Tammy erd, Mayor Attest: ~p,TEDAU~-'Zr 0¢4~ s~~ ~ -.~ ~~ 9°~ city of IDIAN~ a cee 1 an, City Clerk ,a D OA H O ~ ~~ w ti ~~~~ ~Pv ~~~~~ TRFAS~~~s PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 10 OF 16 EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall conduct comprehensive commercial and residential building plan reviews, including but not limited to energy and accessibility, and ADA compliance for any and all building projects in the City of Meridian. These reviews are to ensul•e compliance with all current codified or ordained codes of the City prior to permit issuance. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor provides comprehensive building plan review for all commmercial, residential building projects, sheds, accessory structures, additions, remodels and temporary use permits. Contractor coordinates plan reviews with City Community Development staff, City Public Worlcs staff, and appropriate fire marshals. Contractor shall ensure appropriate plan reviews are performed before permits are issued. B. Certification of Project Value. Contractor shall review and approve submitted CeI•tificates of Valuation for all projects to ensure accurate valuation. Contractor shall collaborate with appointed Building Official for the City to compute plan review fees and establish total building permit fees prior to permit issuance. C. Computerized Permit Tracking Programs. Contractor shall utilize the Accela Software provided by City to provide data entry and comments related to plan review workflows. Contractor shall also conduct research of archived information as needed for departmental needs. D. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. E. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This shall include, but not be limited to attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. F. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including the flood plain ordinance, and other ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has knowledge as well as the current International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 11 OF 16 G. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. PLAN REVIEW. a. COMMERCIAL Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all corrunercial applications, unless specifically excluded under this contract as identified under section I(A) herein. (2) Contractor shall provide plan review no more than three (3) business days after receipt of complete application for the following miscellaneous commercial applications; shed, detached accessory structures, patio covers, signs, pools and temporary use permits. (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (4) City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (5) Contractor shall perform plan review for compliance with the most current version of "Com Check" for the building envelope on all commercial projects. (6) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. b. Tenant Improvement Projects (1) Contractor shall perform plan review for all tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit tracking program. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE I2 OF IE (3) Contractor shall provide plan review no more than three (3) business days after receipt of complete application for the following miscellaneous co;mnercial tenant improvement applications; sheds, detached accessory structures, patio covers, signs, and pools. (4) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (5) City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (6) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. c. Residential Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all residential applications, unless specifically excluded under this contract as identified under section I(A) herein. (2) Contractor shall provide plan review colmnents, redlines, re-submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) Contractor shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance with the most curl•ent version of "Res Check" and/or prescriptive or performance based energy submittals for the building envelope and systems for all residential projects. (5) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 13 OF 16 II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Whitman & Associates, Inc.. 4. Wear appropriate clothing and safety gear to protect from personal injury. A. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co- workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 14 OF 16 EXxIBIT B DESK TOP PC AND RELATED EQUIPMENT ISSUED TO CONTRACTOR Asset ID Tag Number EgIIipl»cnt - - - -- 100468 Desktop PC PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE IS OF Lfi EXHIBIT C PAYMENT SCHEDULE BUILDING PLANS EXAMINER -PAYMENT SCHEDULE Type of Permit Milestone Amount to be raid Commercial -New Commmercial - TI Commercial -Shell Only Commercial -Multi-Family Residential - New Residential - Multi-Family All other permit types Permit issuance Issuance of Certificate of Occupancy Permit issuance 80% of fees due Contractor 20% of fees due Contractor 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 16 OF 16