ICIO New Intercom & Door Locking System, Idaho Department of Corrections, Orofino, Idaho

STATE OF IDAHO
DIVISION OF PUBLIC WORKS
Professional Services Agreement
DPW Project No. (project number)
(project name)
(location), Idaho
THIS AGREEMENT, made as of (date), between the STATE OF IDAHO, as represented by the
DIVISION OF PUBLIC WORKS (DPW), hereinafter referred to as the OWNER, and ( ) hereinafter
referred to as the DESIGN PROFESSIONAL:
For the following project: insert project #, title and detailed description of project
This Project is being administered by the OWNER for occupancy by ( ) hereinafter called the Agency.
The OWNER and the DESIGN PROFESSIONAL agree as set forth below:
ARTICLE 1
BASIC SERVICES
The DESIGN PROFESSIONAL'S Basic Services consist of those described in paragraphs 1.1
through 1.9 and any other services identified as a part of Basic Services, including in-house or
subcontracted (SUB-CONSULTANT) engineering and consulting services.
1.1. PROGRAM PHASE
1.1.1. The DESIGN PROFESSIONAL shall review and evaluate the existing facility for
identification of areas in non-compliance with current codes, and areas needing repair or replacement.
The DESIGN PROFESSIONAL shall gather all pertinent data required to develop a complete Project
program. This phase shall include, as a minimum, the following tasks:
1.1.1.1. Establish Project and operational goals.
1.1.1.2. Collect all pertinent facts about the Project including, but not limited to,
evaluation of existing building and existing systems or structures affecting the Project,
state code and regulation review, cost parameters and Project schedule.
1.1.1.3. Meet with agency staff to further identify areas needing correction and
alteration.
1.1.1.4. Conduct an analysis study to establish appropriateness and cost effectiveness
of existing building renovation.
PROFESSIONAL SERVICES AGREEMENT, DPW # Page 1 of 23
revised 12/14/2023

1.1.1.5. State the problem, as a summary of the significant conditions, and general
direction the renovation of the building should take.
1.1.2. The DESIGN PROFESSIONAL shall submit to the OWNER in the program, a statement
of program feasibility, reconciling the program requirements with estimated cost and available
funding.
1.1.3. The DESIGN PROFESSIONAL shall upload to the OWNER'S web-based Management
System (OMS) and provide copies (as requested) of the completed program with all verification
documentation in written form, to the OWNER for distribution and review, prior to the final
presentation. After review and correction, alpha (#) copies (as requested) shall be submitted and
uploaded to OMS as final record documents.
1.1.4. At the conclusion of this phase, the DESIGN PROFESSIONAL shall make a presentation
to Agency and DPW staff for approval.
1.1.5. Program Documents shall be completed within alpha (#) days from the date of the
Authorization to Proceed.
1.2. SCHEMATIC DESIGN PHASE
1.2.1. The schematic design phase shall include a pre-design phase for user interviews and a
development of the Scope of the Work for the project. This phase shall focus upon analyzing and
developing alternative designs to meet space needs and review of the Agency programs to ascertain
the requirements of the project. The DESIGN PROFESSIONAL shall arrive at a mutual
understanding of such requirements with the OWNER and the Agency.
1.2.2. The DESIGN PROFESSIONAL shall review with the OWNER and Agency alternative
approaches to design and construction of the Project.
1.2.3. The DESIGN PROFESSIONAL shall investigate and verify the existing conditions,
including utilities and services, at the Project site to the extent required to accomplish the Project.
1.2.4. Based on the mutually agreed-upon approach, program, schedule, and construction budget
requirements, the DESIGN PROFESSIONAL shall prepare for approval by the OWNER, Schematic
Design Documents consisting of drawings and other documents illustrating the scale and relationship
of the Project components along with a completed copy of DPW Utility / Site Checklist and DPW's
Design Phase Quality Control Checklist.
1.2.5. The DESIGN PROFESSIONAL shall submit to the OWNER a preliminary estimate of
construction cost based on current area, volume or other unit costs and shall include any site or utility
work identified.
1.2.6. Schematic Design Documents shall be completed and uploaded to OMS within alpha (#)
calendar days from the date of authorization to proceed with this phase.
PROFESSIONAL SERVICES AGREEMENT, DPW # Page 2 of 23
revised 12/14/2023

1.3. DESIGN DEVELOPMENT PHASE
1.3.1. Based on the approved Schematic Design Documents and any adjustments authorized by
the OWNER in the program, schedule or construction budget, the DESIGN PROFESSIONAL shall
prepare, for approval by the OWNER, Design Development Documents consisting of the following:
1.3.1.1. Drawings, to scale, showing building design; floor plans; typical equipment
layout; building elevations and sections; and mechanical, electrical, and structural plans
as required along with outline specifications, sufficient in detail to fully describe the
quantity and quality of the Work.
1.3.1.2. Analyze the Project for the various building code issues, make preliminary
contacts with the appropriate code officials, and provide a summary of the code review
analysis.
1.3.1.3. Review of documents with the OWNER, Agency, and others as required, and
make revision of documents as required.
1.3.1.4. An updated construction cost estimate.
1.3.2. Design Development Documents shall be completed and uploaded to OMS within alpha
(#) days from the date of authorization to proceed with this phase. Provide alpha (#) sets to the
OWNER for distribution and review.
1.3.3. Presentation to the Permanent Building Fund Advisory Council at its regular meeting per
approved Work schedule.
**DELETE 1.3.4 &/OR 1.3.5 IF EITHER SOILS
INVESTIGATION OR SURVEY IS NOT
REQUIRED.
1.3.4. The DESIGN PROFESSIONAL shall determine the need for and recommend the services
of soils engineers, as deemed necessary by the DESIGN PROFESSIONAL, which services may
include test borings, test pits, soil bearing values, ground water elevation determination, percolation
tests, ground corrosion and resistivity tests, reports, and appropriate professional recommendations.
1.3.5. The DESIGN PROFESSIONAL shall determine the need for a land survey of the site,
including as applicable: grades and lines of pavements, adjoining property boundaries and contour of
the site; locations, dimensions and data pertaining to existing buildings, other improvements; and
information concerning available service and utility lines.
1.4. CONSTRUCTION DOCUMENTS PHASE
1.4.1. Based on the approved Design Development Documents and any further adjustments in
the scope or quality of the Project or in the construction budget authorized by the OWNER, the
PROFESSIONAL SERVICES AGREEMENT, DPW # Page 3 of 23
revised 12/14/2023

DESIGN PROFESSIONAL shall prepare, for approval by the OWNER, Construction Documents
consisting of:
1.4.1.1. Complete working drawings and specifications as required for the bidding and
construction of the Project. Working drawings and specifications for the Project will be
completed for approval by all required agencies and submitted to the OWNER and
uploaded to OMS within alpha (#) days after authorization to proceed with this phase.
1.4.1.2. Final plans shall be sent to DPW after the Agency has approved the
documents. The DESIGN PROFESSIONAL shall provide DPW with copies as requested
and upload to OMS, review sets of working drawings and specifications plus such
documents as required by the Idaho Division of Occupational and Professional Licenses
(IDOPL). The DESIGN PROFESSIONAL will upload to IDOPL's web-based electronic
plan review system (ProjectDox) after DPW approvals. After review, if additions or
corrections are required, the DESIGN PROFESSIONAL shall make such additions and
corrections and upload to OMS and IDOPL for approval. Unless otherwise changed or
amended IDOPL submittal requirements shall include:
1.4.1.2.1. Building Bureau Plan Review Application showing DPW as
agency requesting review and the DPW project manager as applicant. This
Application should be completed a minimum of one month prior to uploading
final documents to IDOPL.
1.4.1.2.2. Upload to the IDOPL plan review website a PDF (Portable
Document Format) of the plans.
1.4.1.2.3. Upload to the IDOPL plan review website a PDF of the
specifications.
1.4.1.2.4. Upload to the IDOPL plan review website a PDF of the
structural calculations
1.4.1.2.5. Upload to the IDOPL plan review website a PDF of the
energy code compliance reports, soils reports, or other documents not
included in the above.
1.4.1.3. A detailed, itemized construction cost estimate.
1.4.1.4. DPW's Design Phase Quality Control Checklist.
1.4.1.5. Preparation of documents for DPW staff presentation to the Permanent
Building Fund Advisory Council per the DESIGN PROFESSIONAL'S approved
schedule.
PROFESSIONAL SERVICES AGREEMENT, DPW # Page 4 of 23
revised 12/14/2023

1.5. BIDDING PHASE
1.5.1. The DESIGN PROFESSIONAL, following the OWNER'S approval of the Construction
Documents and of the latest construction cost estimate, shall assist the OWNER in obtaining bids and
assist in awarding contracts for construction, including the following:
1.5.1.1. Providing the OWNER with electronic files of the Contract Documents in a
format suitable for publication of the documents on the Internet. Electronic Files shall be
provided in one of the following formats, listed in order of preference: PDF format, plot
files, or raster (scanned images) in TIFF Group 4 format or other format as may be
approved by the OWNER. Upload IDOPL approved documents to OMS.
1.5.1.2. Printing and distribution of drawings and specifications to bidders. (Cost of
printing and postage is a reimbursable expense.)
1.5.1.3. Schedule and conduct a pre-bid review meeting with the Project Manager,
Field Representative, and Agency. The DESIGN PROFESSIONAL shall take meeting
minutes and include in addendum as needed.
1.5.1.4. Review of submittals for approval of alternate methods and/or materials prior
to the bid date.
1.5.1.5. Issuing of addendum listing alternate materials and/or methods approved
under subparagraph 1.5.1.4 above and clarifying drawings and specifications to plan
holders prior to bid date. Upload to OMS.
1.6. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.6.1. The DESIGN PROFESSIONAL'S responsibility to provide Basic Services for the
Construction Phase commences with the award of the Contract for Construction and terminates thirty
(30) days after final acceptance by the DESIGN PROFESSIONAL and the OWNER, provided the
record documents have been submitted and accepted.
1.6.2. Unless otherwise provided in this Agreement and incorporated in the Contract
Documents, the DESIGN PROFESSIONAL shall provide administration of the Contract for
Construction as set forth below and in the DPW Fixed Price Contract Between the OWNER and
Contractor.
1.6.3. The DESIGN PROFESSIONAL shall be a representative of, shall advise and shall consult
with the OWNER. Instructions to the Contractor shall be forwarded through the DESIGN
PROFESSIONAL. The DESIGN PROFESSIONAL shall have authority to act on behalf of the
OWNER only to the extent provided in this Agreement and in the Contract Documents unless
otherwise modified by written instrument by the OWNER and the DESIGN PROFESSIONAL.
PROFESSIONAL SERVICES AGREEMENT, DPW # Page 5 of 23
revised 12/14/2023

1.6.4. The DESIGN PROFESSIONAL shall attend the preconstruction conference. The
OWNER will establish the date and the OWNER will chair the preconstruction conference. The
DESIGN PROFESSIONAL shall take and distribute minutes of the preconstruction conference.
1.6.5. The DESIGN PROFESSIONAL shall attend, prepare an agenda, chair, take minutes, and
distribute minutes of the monthly meetings.
1.6.6. The DESIGN PROFESSIONAL shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the OWNER and the DESIGN PROFESSIONAL in writing
to become generally familiar with the progress and quality of the Work and to determine in general if
the Work is proceeding in accordance with Contract Documents. The DESIGN PROFESSIONAL
shall not be required to make exhaustive or continuous on-site observations to check the quality or
quantity of the Work. On the basis of such on-site observation as a design professional, the DESIGN
PROFESSIONAL shall keep the OWNER informed on the progress and quality of the Work, and
shall endeavor to guard the OWNER against defects and deficiencies in the Work.
1.6.6.1. The DESIGN PROFESSIONAL and the SUB-CONSULTANTS when
appropriate, shall make not less than alpha (#) site visits each month. Visits shall include
monthly construction conferences throughout the Construction Phase. The engineering
SUB-CONSULTS shall confirm that the building systems are installed and operating
according to the design. All visits shall be documented and uploaded to OMS.
1.6.7. The DESIGN PROFESSIONAL shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, for the acts or omissions of the Contractor,
Subcontractors or any other persons performing any of the Work, or for the failure of any of them to
carry out the Work in accordance with the Contract Documents.
1.6.8. The DESIGN PROFESSIONAL shall at all times have access to the Work wherever it is
in preparation or progress.
1.6.9. Based on the DESIGN PROFESSIONAL'S observations and evaluations of the
Contractor's Applications for Payment, the DESIGN PROFESSIONAL shall review and certify the
amounts due the Contractor.
1.6.10. The DESIGN PROFESSIONAL'S certification of a Periodic Payment Estimate shall
constitute a representation by the DESIGN PROFESSIONAL to the OWNER, based on the DESIGN
PROFESSIONAL'S observations at the site, as provided in subparagraph 1.6.6 and on the data
comprising the Contractor's Periodic Payment Estimate, that the Work has progressed to the point
indicated and that, to the best of the DESIGN PROFESSIONAL'S knowledge, information and
belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation
of the Work for conformance with the Contract Documents upon Substantial Completion, to the
results of any subsequent tests required by or performed under the Contract Documents, to minor
deviations from the Contract Documents correctable prior to completion, and to any specific
qualifications stated in the Periodic Payment Estimate Form); and that the Contractor is entitled to
payment in the amount certified. The Certification of Payment shall not be a representation that the
PROFESSIONAL SERVICES AGREEMENT, DPW # Page 6 of 23
revised 12/14/2023

DESIGN PROFESSIONAL has made any examination to ascertain how and for what purpose the
Contractor has used the moneys paid on account of the Contract Sum.
1.6.11. The DESIGN PROFESSIONAL shall be the interpreter of the requirements of the
Contract Documents. The DESIGN PROFESSIONAL shall render interpretations necessary for the
proper execution or progress of the Work with reasonable promptness on written request of either the
OWNER or the Contractor, and shall render written decisions, within a reasonable time, on all claims,
disputes and other matters in question between the OWNER and the Contractor relating to the
execution or progress of the Work or the interpretation of the Contract Documents.
1.6.12. Interpretations and decisions of the DESIGN PROFESSIONAL shall be consistent with
the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic
form.
1.6.13. The DESIGN PROFESSIONAL shall have authority to reject Work, which does not
conform to the Contract Documents. Whenever, in the DESIGN PROFESSIONAL'S reasonable
professional opinion, it is necessary or advisable for the implementation of the intent of the Contract
Documents, the DESIGN PROFESSIONAL, with the written approval of the OWNER, will have
authority to require special inspection or testing of the Work in accordance with the provisions of the
Contract Documents, whether or not such Work be then fabricated, installed or completed.
1.6.14. The DESIGN PROFESSIONAL shall review and approve or take other appropriate action
upon the Contractor's submittals, such as Shop Drawings, Product Data and Samples, but only for
conformance with the design concept of the Work and with the information given in the Contract
Documents. Such action shall be taken with reasonable promptness so as to cause no delay in the
Work. The DESIGN PROFESSIONAL'S review of a specific item shall not indicate approval of an
assembly of which the item is a component. When professional certification of performance
characteristics of materials, systems or equipment is required by the Contract Documents, the
DESIGN PROFESSIONAL shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract
Documents.
1.6.15. The DESIGN PROFESSIONAL shall prepare Change Orders and Construction Change
Directives with supportive documentation and data as necessary for the OWNER'S approval and
execution in accordance with the Contract Documents and shall not make any such changes in the
Work without approval of the OWNER. The DESIGN PROFESSIONAL will have authority to order
minor changes in the Work not involving adjustment in the Contract Sum or an extension of the
Contract Time that are not inconsistent with the intent of the Contract Documents. Except as provided
by subparagraph 1.8.1.4, the preparation of Change Orders shall be a part of the Basic Services.
Change orders to be processed through OMS.
1.6.16. The DESIGN PROFESSIONAL shall, with the OWNER, conduct inspections to
determine the dates of Substantial Completion and final completion. The DESIGN PROFESSIONAL
shall receive, review, upload and forward to the OWNER written warranties and related documents
required by the Contract Documents and assembled by the Contractor. The DESIGN
PROFESSIONAL shall issue a Certificate of Substantial Completion and certify a final payment.
PROFESSIONAL SERVICES AGREEMENT, DPW # Page 7 of 23
revised 12/14/2023

1.6.17. The DESIGN PROFESSIONAL shall issue a statement of the Project's acceptance. If,
after issuing such statement, and written acceptance by the OWNER, the DESIGN
PROFESSIONAL'S services are further required through no fault of the DESIGN PROFESSIONAL,
compensation shall be as in paragraph 13.2.1.
1.6.18. The DESIGN PROFESSIONAL shall assemble drawings of record submitted by the
Contractor as required by the specifications and prepare and provide the OWNER one (1) set of mylar
reproducibles, one (1) set of prints and electronic media in DWG and PDF format compatible with
AutoCAD(R) 2010 generated documents showing the as constructed conditions. The DESIGN
PROFESSIONAL shall also mark up and forward the OWNER with one (1) set of specifications
showing materials used in the Project. All record drawings and specifications shall be uploaded to
OMS.
1.6.19. The DESIGN PROFESSIONAL, with the OWNER, shall conduct a site visit prior to the
expiration of the Contractor's one (1) year period for correction of Work regardless of final payment
of compensation to the DESIGN PROFESSIONAL.
1.7. GENERAL RESPONSIBILITIES
1.7.1. The DESIGN PROFESSIONAL agrees to conform to and be bound by standards, criteria,
budgetary considerations. and memoranda of policy furnished to him by the OWNER, including but
not limited to, current edition of Division of Public Works - Instructions for Design Professionals,
hereto attached, and further agrees to design Work in compliance with applicable laws, ordinances,
and codes.
1.7.2. The DESIGN PROFESSIONAL agrees to provide without additional compensation all
professional services required by the OWNER that relate to errors or omissions or failure to act by
the DESIGN PROFESSIONAL, arising out of this Agreement. Further, the OWNER will not
reimburse or pay the DESIGN PROFESSIONAL for any additional fee, costs, claims or damages,
including legal fees, incurred by the DESIGN PROFESSIONAL in defending or interpreting the
contract documents relative to errors and omissions.
1.7.3. The DESIGN PROFESSIONAL'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work. The DESIGN
PROFESSIONAL assumes full responsibility for all delays and associated cost proximately caused
by the DESIGN PROFESSIONAL'S negligent acts, errors or omissions.
1.7.4. Throughout all phases of service the DESIGN PROFESSIONAL shall endeavor to assure
the OWNER that all instruments of service, including, but not limited to, drawings and specifications,
whether prepared by the DESIGN PROFESSIONAL or by the DESIGN PROFESSIONAL'S SUB-
CONSULTANTS are properly coordinated.
1.8. ADDITIONAL SERVICES
PROFESSIONAL SERVICES AGREEMENT, DPW # Page 8 of 23
revised 12/14/2023

1.8.1. The following Services are not included in Basic Services. They shall be provided if
authorized or confirmed in writing by the OWNER, as provided in this Agreement, in addition to the
compensation for Basic Services.
1.8.1.1. Providing services relative to future facilities, systems and equipment which
are not intended to be constructed during the Construction Phase.
1.8.1.2. Providing coordination of Work performed by separate Contractors or by the
OWNER'S own forces.
1.8.1.3. Making revisions in Drawings, Specifications or other documents when such
revisions are inconsistent with written approvals or instructions previously given, are
required by the enactment or revision of codes, laws or other causes beyond the control of
the DESIGN PROFESSIONAL.
1.8.1.4. Preparing Drawings, Specifications and supporting data, and providing other
services in connection with Change Orders required by requests of the OWNER for
additional Work or for specific changes to previously approved documents. If the
DESIGN PROFESSIONAL requires additional compensation, the DESIGN
PROFESSIONAL shall obtain written approval from the OWNER prior to initiation of
the change request.
1.8.1.5. Providing consultation concerning replacement of any Work damaged by fire
or other cause during construction, and furnishing services as may be required in
connection with the replacement of such Work.
1.8.1.6. Providing services made necessary by the default of the Contractor, or by
major defects or deficiencies in the Work of the Contractor, or by failure of performance
of either the OWNER or Contractor under the Contract for Construction.
1.8.1.7. Providing services in connection with a public hearing, arbitration proceeding
or legal proceeding except where the DESIGN PROFESSIONAL is party thereto or
where the hearing or proceeding involves or is based upon allegations of error or omission
or other negligence by the DESIGN PROFESSIONAL.
1.8.1.8. Providing services, other than those required in paragraphs 1.6.17, 1.6.18, and
1.6.19 above, more than thirty (30) days after the final acceptance, unless required due to
an error or omission in the provision of the DESIGN PROFESSIONAL'S services.
1.9. SCHEDULE
1.9.1. The DESIGN PROFESSIONAL shall perform Basic and Additional Services as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work.
Following a notice to proceed, the DESIGN PROFESSIONAL shall submit for the OWNER'S
approval, a schedule for the performance of the DESIGN PROFESSIONAL'S services which shall
be adjusted as required as the Project proceeds, and shall include allowances for periods of time
PROFESSIONAL SERVICES AGREEMENT, DPW # Page 9 of 23
revised 12/14/2023

required for the OWNER'S review and approval of submissions and for approvals of authorities
having jurisdiction over the Project. This schedule, when approved by the OWNER, shall not, except
for reasonable cause, be exceeded by the DESIGN PROFESSIONAL. The schedule shall include the
following critical occurrences:
Program Review by Agency and the OWNER (delete if none)
Schematic Review by Agency and OWNER
Design Development Review by PBFAC
Construction Document Review by PBFAC
Bid Date
Award of Contract
Substantial Completion
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1. The OWNER shall work with the DESIGN PROFESSIONAL in the refinement and
coordination of the program with the Agency.
2.2. The OWNER shall establish and update an overall budget for the Project, including the
Construction Cost, the OWNER'S other costs and reasonable contingencies related to all of these
costs.
2.3. The OWNER shall designate a Project Manager authorized to act in the OWNER'S behalf
with respect to the Project. The Project Manager shall examine the documents submitted by the
DESIGN PROFESSIONAL and shall render decisions in a timely manner, to avoid unreasonable
delay in the progress of the DESIGN PROFESSIONAL'S services.
2.4. The OWNER shall furnish laboratory tests, inspections and reports as required by law or
the Contract Documents.
2.5. If the OWNER observes or otherwise becomes aware of any fault or defect in the Project
or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the
OWNER to the DESIGN PROFESSIONAL.
2.6. The OWNER will assign Field Representative for regular observation of the Work during
the Construction Phase, who will report his observations to the DESIGN PROFESSIONAL and the
Project Manager.
2.7. The OWNER will make available existing building and site drawings for the DESIGN
PROFESSIONAL'S use. Existing drawings remain the property of the OWNER and shall be
returned promptly.
PROFESSIONAL SERVICES AGREEMENT, DPW # Page 10 of 23
revised 12/14/2023