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Professional Services Agreement with Idaho Division of Building Safety for Mechanical Plan Review (2)PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY, IlVC. AND CITY OF MERIDIAN FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this da Y of , 2012, by and between IDAHO DIVISION OF BUILDING SAFETY, Inc. ("Co tractor") whose address is 1090 East Watertower Street, Suite 150, Meridian, Idaho and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS the Division is self governing agency of the State of Idaho having statutory authority under Idaho Code sections 54- l 001 C and 67-2601 A to enter into contracts with a municipality for the purpose of performin mechanical ins ector and g p mechanical plan review services; and WHEREAS the City is a municipal corporation created under the laws of the State of Idaho and as such is authorized by Idaha Code sections 39-4116(2) and 39-4116(4) to adopt and enforce building codes and local amendments thereto and by Idaho Code sections 39-4116(1), 50-301, 54-1001C to enter into contracts with the Division for the purpose of performing mechanical inspector and mechanical plan review services in accordance with such codes and local amendments; 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 in to a contract with the Division to provide for mechanical inspector and mechanical. plan review services; and WHEREAS the Division though its statutory authority and pursuant to the terms of this Agreement has also determined that it is in the best interest of the Division to enter into such an Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OFCONTRACTOR. 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 far 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 PROFESSIONAL SERVICES AGREEMENT FOR. MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 1 OF 17 authorities, and (3) hold at least the minimum certifications required by section I. (D) herein. 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. Mechanical field inspectors shall be certified per section I.(D)(1)(2) herein. Mechanical plan reviewers shall be certified per section I.(D)(3) herein. 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 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 Title 54, Chapter 50, and 54-5021; 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 Commercial Mechanical Inspector; 2. ICC Residential Mechanical Inspector; 3. Within six (6) months of execution of this Agreement, ICC Mechanical Plans Examiner; 4. 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 Services. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 2 OF 17 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 ackrlowledges 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. 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. State's Insurance. The Division of Building Safety (Contractor) is a State of Idaho agency and provides liability coverage for public liability, personal injury, death, and property damage through the Risk Management Program established under Idaho Code section 67-5776, which is funded and in effect subject to limitation on liability of the Tort Claims Act, Idaho Code sections 6-901 et seq. J. 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. 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, Tablet PCs and Related Equipment Issued to Contractor 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 maybe 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 PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 3 OF 17 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, inspection tags, permit notices, 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 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 may be extended by separate written addendum, duly executed by both parties. B. Appropriation. By signing this Agreement both parties understand and agree that Division and City are governmental entities. This Agreement shall in no way or manner be construed so as to bind or obligate Division, City, or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City Council as may exist from time to time. Each party reserves the right to terminate the agreement if, in its sole judgement, the legislature of the State of Idaho or the Meridian City Council, as the case may be, fails, neglects, or refuses to appropriate sufficient funds as maybe required for the Division or City to continue their required performance under the agreement. Any such termination shall take effect on sixty (60) days prior notice and be otherwise effective as provided in this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 4 OF 17 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; Sixty-five percent (65%) of all commercial and residential mechanical permit 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 Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified 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 inspections 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 two hundred fifty dollars ($250.00) 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 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: 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. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 5 OF 17 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. 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. I. 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 Attn: Development Services Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Idaho Division of Building Safety Attn: Administrator 1090 E. Watertower Street, Suite 150 Meridian, Idaho 83642 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. PROFESSIONAL SERVICES AGREEMENT FOR MECFIANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 6 OF 17 J. Termination. 1. li~Iutual Consent. This Agreement maybe 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 time, 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. 3. 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 time 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, revoked, suspended, or not renewed; 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. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 7 OF 17 £ 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 manner; 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 immediate 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 agreement. 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. M. Liability. City and Division each shall be responsible only for the acts, omissions or negligence of its own officers, employees or agents. Nothing in this Agreement shall extend the responsibility or liability of either City or Division beyond that required by the Idaho Tort Claims Act. Each party shall defend itself against any claims that arise solely from wrongful acts, omissions or negligence of its officers, employees, or agents in the course of the performance of this Agreement, but shall not assume responsibility for the acts, omissions or negligence of the other party or the other party's officials, employees, agents and volunteers. Each party shall promptly notify the other party of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claims. 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 PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 8 OF 17 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 there from, 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. 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. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 9 OF 17 IDAHO DIVISION OF BUILDING SAFETY, INC.: i C. Kelly Pearce, Administrator CITY OF MERIDIAN: Tammy de e rd, Mayor Attest: 4o~A~~,D ~ ~G,~SrI G~~ X90 City of aycee an, City Clerk ~ ID~IAN~-- IgAHO C' SEAL ti f fbe TRE~a PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 10 OF 17 EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform commercial and residential mechanical and energy plan reviews prior to permit issuance, and perform mechanical inspections for any and all building projects in the City of Meridian. These plan reviews and inspections are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor shall be responsible for performing commercial and residential mechanical and energy plan reviews prior to permit issuance, for any and all building projects in the City of Meridian. Plan review shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing mechanical inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non-business day shall be performed the next business day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation. If project scope change occurs, Contractor shall notify the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracl~ing Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re-inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as required. Data entry for every mechanical inspection shall immediately be entered following the completion of the inspection. E. 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. F. Code Amendments and Technological Advancement. Contractor shall monitor PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 11 OF 17 legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including 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. H. Expired Permits and Project Close Out. Contractor shall be responsible for tracking and closure of all mechanical permits and closure of all mechanical inspections. Contractor shall communicate with the Building Official for issuance of Certificate of Occupancy, and/or administrative closure. Contractor shall monitor and track expired permits and communicate with the Building Official to re-instate, re-issue, or extend the expired permit. I. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: I. MECHANICAL 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 commercial applications. (2) Contractor shall provide mechanical and energy plan review comments, redlines, re-submittal requests and other correspondence via email to design professional of record and to City Contractor-Liaison, and shall archive same in the manner and in the location specified by City. (3) City staff shall install the electronic plan submittal files into the city database for all projects requiring mechanical and energy plan review. Contractor will access the files remotely and electronically with City permissions. Contractor shall be responsible to install ail resubmitted plan files and documents in the same city database. (4) Contractor shall perform plan review for compliance with the most current version of "Com Check" (5) Contractor shall electronically approve or deny all plan reviews in the City database workflow for each plan review. PROFESSIONAL SERVICES AGREEMENT FOR MECI-IANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 12 OF 17 b. Tenant Improvement Projects (1) Contractor shall perform plan review for 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 Traclc 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 database. (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to all design professionals of record and to City Contractor-Liaison, and shall archive same in the manner and in the location specified by City. (4) Contractor shall perform plan review for compliance with the most current version of "Com Check" on all tenant improvement projects. (5) Contractor shall electronically approve or deny all plan reviews in the City database workflow for each plan review. c. Residential Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to mechanical designer, contractor, owner of record, and to City. Contractor shall archive same in the manner and in the location specified by City. (3) City shall install the initial electronic plan submittal files into the city database for all projects requiring mechanical plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. (4) Contractor shall perform a basic cursory plan review of any proprietary WrightSoft submittal (or equivalent) on all new single family homes to satisfy the minimum requirements for manual J, D and S and review ResCheck as needed. This is applicable to new residential dwellings only. Contractor shall maintain these records per Idaho record retention law. PROFESSIONAL SERVICES AGREEMENT FOR MECFIANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 13 OF 17 (5) Contractor shall electronically approve or deny all plan reviews in the City database workflow for each plan review. 2. MECHANICAL INSPECTIONS a. Commercial and Residential Projects (1) Contractor shall perform all mechanical and energy inspections for commercial and residential projects, from initial inspection through final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day. If the request is received on anon-business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final mechanical inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all mechanical inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re-inspection. (5) Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re-inspection fees, per the adopted fee schedule, if items from a previous correction notice are not corrected when a new inspection is requested. 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. 3. 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 PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 14 OF 17 than IDAHO DIVISION OF BUILDING SAFETY, Inc. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. 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; ackrlowledge 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 MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 15 OF 17 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR Asset ID Tag Number Equipment 100558 Motion Computing Tablet 100563 Motion Computing Tablet 100565 Motion Computing Tablet 100572 HP Mobile Printer 100573 HP Mobile Printer 09561 200W Power Inverter 09558 200W Power Inverter N/A Misc. Charging adapters and tablet cases for each unit PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 16 OF 17 ExxislT C PAYMENT SCHEDULE MECHANICAL INSPECTI®N -PAYMENT SCHEDULE Type of Permit Milestone Amount to be paid Mechanical Commercial -New Mechanical Residential -New Permit issuance 70% of fees due Contractor All other permit types Final inspection, signified by "approved" status iIi Accela Permit issuance 30% of fees due Contractor 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 17 OF 17