Professional Services Agreement with Idaho Division of Building Safety for Mechanical Plan ReviewPROFESSIONAL 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, INC. AND CITY OF MERIDIAN FOR MECHANICAL PLAN REVIEW
AND INSPECTION SERVICES ("Agreement") is made and entered into this 2~ day of
2012, by and between IDAHO DIVISION OF BUILDING SAFETY, Inc.
(" ontractor") 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 54-1001 C and 67-2601 A to enter into contracts with a
municipality for the purpose of performing mechanical inspector and 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 Idaho Code sections 39-4116(2); 54-5001 and 39-4116(4) to adopt and
enforce building codes and local amendments thereto and by Idaho Code sections 39-4116(1), 50-301,
54-5006(3) 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 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
PROFESSIONAL SERVICES AGREEMENT
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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 L(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 Conhactor 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 thirty (30) days of hiring or
reassigning such personnel, such personnel shall be fully 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 thereof to the City-
Contractor Liaison for City's use in administering this Agreement.
G. Prohibited Services; Conflicts of Interest. Conhactor shall not perform any work under the
guise of another business entity, personally or professionally, on any property or work that is
PROFESSIONAL SERVICES AGREEMENT
FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES
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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. 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.
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 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.
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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 aCity-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 on October 1, 2012, 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 may be 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.
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. 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
PROFESSIONAL SERVICES AGREEMENT
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PAGE 4 OF 16
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 not be
entitled to payment for permits already pulled and active as of the effective date of this
Agreement, though it shall provide all required inspection and plan review services related to
such permits through issuance of Certificate of Occupancy. 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:
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.
PROFESSIONAL SERVICES AGREEMENT
FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES
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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.
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 propose 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 may be terminated at any time by mutual written
consent of both Parties.
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-
telminatingparty 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
PROFESSIONAL SERVICES AGREEMENT
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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
may be 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.
£ 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.
PROFESSIONAL SERVICES AGREEMENT
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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 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 supersedes, terminates, and otherwise
renders null and void any and all prior agreements or contracts entered into between the Parties
with respect to the matters herein expressly set forth, speciffcally to include the version
executed by the Parties on September 4, 2012. This Agreement embodies the entire agreement
and understanding between the parties pertaining to the subject matter of this Agreement. 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.
PROFESSIONAL SERVICES AGREEMENT
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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.
IDAHO DIVISI F B LDING SAFETY, INC.:
•
C. Kelly Pearce, Administrator
CITY OF MERIDIAN:
~~~ ~~" _ / AZED A U
4R ~Us~,
Tammy We d, Mayor ~~`' . j9o
City of
Attest: E IDIAN~-
~ IDAHO
~ w
~~:~'#L ~
~ ti
~~ ~~v
°'~ ~~ ~ '~ R ~ f-9~4
cee lman, City Clerk
PROFESSIONAL SERVICES AGREEMENT
FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES
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EXHIBIT A
SCOPE OF SERVICES
Overview: Contractor shall perform comprehensive commercial and residential mechanical and
energy plan reviews prior to permit issuance, and perform detailed 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 comprehensive 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 anon-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 Tracking 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, Feld 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 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
PROFESSIONAL SERVICES AGREEMENT
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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. 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, and shall archive same in the manner and in the location
specified by City.
(3) City staff shall install the initial electronic plan files into the city database for all
projects requiring mechanical and energy 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 current version
of "Com Check" for the mechanical systems and equipment on all commercial
projects.
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 Track Tenant Improvement" projects no more than three (3)
business days after receipt of complete application. City will notify ConU•actor of
"Fast Track Tenant Improvement" projects through notification in the City's
computerized permit tracking program.
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PAGE 11 oP l6
(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, 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" for the mechanical systems and equipment on all commercial
projects.
(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.
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) Contractor shall install the initial electronic plan 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. 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 current version
of "Res Check" and/or prescriptive or performance based energy submittals for the
building envelope and mechanical systems and equipment for all residential
projects.
(5) Contractor shall perform a WrightSoft, or equivalent, energy plan review on all new
single family homes and maintain records of these specific energy plan reviews per
Idaho Statute record retention laws for residential.
2. MECHANICAL INSPECTIONS
a. Commercial and Residential Projects
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(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) Conhactor 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 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.
PROFESSIONAL SERVICES AGREEMENT
FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES
PAGE ] 3 of 16
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
FOK MECL(AN7CAL PLAN REVIEW AND INSPECTION SERVICES
PACE 14 of t6
EXHIBIT B
TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR
PKOPESSIONAL SERVICES AGREEMENT
TOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES
PAGE I S oP 16
EXHIBIT C
PAYMENT SCHEDULE
MECHANICAL INSPECTION -PAYMENT SCHEDULE
T e of Permit Milestone Amount to be aid
Mechanical Commercial -New
Mechanical Residential -New Permit issuance 70% of fees due Contractor
Final inspection, signified
by "approved" status in
Accela 30% of fees due Contractor
All other permit types Permit issuance 100% of fees due Contractor
PROFESSIONAL SERVICES AGREEMENT
POR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES
PAGE 16 OF 16