HomeMy Public PortalAbout1997 Aiport Sewer Project Bid PROFESSIONAL SERVICES AGREEMENT
City of McCall
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THIS AGREEMENT,made and entered into on this ,day of , 19_;by and between the City of McCall,A MUNICIPAL m
CORPORATION HEREINAFTER CALLED THE"CITY,"and the consulting firm RH2 Engineering,Inc.whose address is,PO Box 2553, ?2)
Redmond,Washington,98073 at which work will be available for inspection,hereinafter called the"CONSULTANT."
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PROJECT NAME: Airport Area Sewer Collection System Planning and Predesign Report
WHEREAS,the City deems it advisable to engage the professional services and assistance of a qualified professional consulting firm to do the
necessary engineering work for the project,and
WHEREAS,the Consultant has represented and by entering into this Agreement now represents,that he is in full compliance with the statutes
of the State of Idaho for registration of professional engineers,has a current valid corporate certificate from the State of Idaho or has a valid
assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully
qualified to perform the work to which they will be assigned in a competent and professional manner,and that sufficient qualified personnel are
on staff or readily available to Consultant to staff this Agreement.
WHEREAS,the Consultant has indicated that he desires to do the work set forth in the Agreement upon the terms and conditions set forth
below and in the following Exhibits:
Exhibit A Scope of Work
Exhibit B Schedule of Rates and Fees
Exhibit C Schedule of Rates and Charges
NOW THEREFORE,in consideration of the terms,conditions,covenants and performances contained herein below,the parties hereto agree as
follows:
SCOPE OF WORK
The Consultant shall furnish,and hereby warrants that it has,the necessary equipment, materials, and professionally trained and experienced
personnel to facilitate completion of the work described in Exhibit A,Scope of Work,which is attached hereto and incorporated into this
Agreement.The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local
and state regulations, guidelines and policies. The Consultant shall prepare information and perform studies as it may deem pertinent and
necessary,in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make minor changes,
amendments or revisions in the detail of the work as may be required by the City. This item does not constitute"Extra Work"item as related to
the"Extra Work"section of the Agreement.
The work shall be verified for accuracy by a check by the Consultant and shall be certified by the Consultant. The Consultant will be held
responsible for the accuracy of the work,even though the work has been accepted by the City.
DESIGN CRITERIA
The City will designate the basic premises and criteria for the work needed. Reports and plans,to the extent feasible,shall be developed in
accordance with the latest edition and amendments of local and State regulations,guidelines,and specifications.
ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY
The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans,studies,
specifications,and estimates within the limits of the assigned work.All other records needed for the work must be obtained by the Consultant.
The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be
responsible for this data collection. The Consultant shall be responsible for the verification of existing records to insure they represent the
accurate and current field conditions.
OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon
completion of the various phases of the work. All such material including maps,drawings,photo, photographic negatives, etc. used in the
project shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not
directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the
Consultant. All written documents and products shall be printed on recycled paper when practical. Use of the chasing-arrow symbol
identifying the recycled content of the paper shall be used whenever practical. Final documents,and interim drafts(as feasible),will be printed
on both sides of the recycled paper.
09=98 1:19 PM FADATA\MCN40-WkAirpw Sewn Collectim Cw"md c
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PAYMENT
The Consultant.shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter and as
specified in Exhibit B, Schedule of Rates and Fees and Exhibit C, Schedule of Rates and Charges. Such payment shall be full
compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete
the work. All billings for compensation for work performed under this Agreement will list actual time(days and/or hours)and dates during
which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for the work shown in Exhibit A
shall not exceed$ without a written amendment to this contract,agreed to and signed by both parties. Payment for work stated in
Exhibit A will be calculated based on Consultant's hourly rates stated in Exhibit C.
Payment for extra work performed under this Agreement shall be paid as agreed to by the parties in writing at the time the extra work is
authorized. (see"EXTRA WORK").
Acceptance of final payment by the Consultant shall constitute a release of all claims, related to payment under this Agreement,which the
Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior
to its acceptance.Final payment shall not,however,be a bar to any claims that the City may have against the Consultant or to any remedies the
City may pursue with respect to such claims.
The Consultant and its subconsultants shall keep available for inspection,by the City,for a period of three years after final payment,the cost
records and accounts pertaining to this Agreement and all items related to,or bearing upon,these records. If any litigation,claim or audit is
started before the expiration of the three-year retention period,the records shall be retained until all litigation,claims or audit findings involving
the records have been resolved. The three-year retention period starts when the Consultant receives final payment. k
CHANGES IN WORK
The Consultant shall make all revisions and changes in the completed work of this Agreement as are necessary to correct errors,when required
to do so by the City,without additional compensation. a
Should the City find it desirable for its own purposes to have previously completed work or parts thereof revised,the Consultant shall make
revisions,if requested and as directed by the City in writing. This work shall be considered as"Extra Work"and will be paid for as provided in
Section"Extra Work". f
EXTRA WORK
The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work
provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written
supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the
City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is
undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for
compensation as Extra Work.
EMPLOYMENT
The Consultant warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the
Consultant,to solicit or secure this contract and that he has not paid or agreed to pay any company or person,other than a bona fide employee
working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or
resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability,or in its discretion to deduct from the Agreement price or consideration or otherwise recover,the full amount of
such fee,commission,percentage,brokerage fee,gift or contingent fee.
Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this
Agreement,shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the
Workman s Compensation Act on behalf of said employees,while so engaged and any and all claims made by a third party as a consequence of
any negligent act or omission on the part of the Consultant's employees, which so engaged on any of the work or services provided to be
rendered herein,shall be the sole obligation and responsibility of the Consultant.
The Consultant shall not engage,on a full or part-time basis,or other basis,during the period of the contract, any professional or technical
personnel who are,or have been at any time during the period of this contract,in the employ of the City except regularly retired employees,
without written consent of the City.
If during the time period of this Agreement,the Consultant finds it necessary to increase its professional,technical,or clerical staff as a result of
this work,the consultant will actively solicit minorities through their advertisement and interview process.
NONDISCRIMINATION
The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed,
color,national origin,martial status,sex,age or handicap except for a bona fide occupational qualification with regard to,but not limited to the
following: employment upgrading;demotion or transfer; recruitment or any recruitment advertising; layoff or terminations;rates of pay or
other forms of compensation;selection for training;rendition of services. The Consultant understands and agrees that if it violates this Non-
Discrimination provision,this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any
services for the City now or in the future,unless a showing is made satisfactory to the City that discriminatory practices have terminated and
that recurrence of such action is unlikely.
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TERMINATION OF AGREEMENT
The City reserves the right to terminate this Agreement at any time upon not less than ten(10)days written notice to the Consultant,subject to
the City's obligation to pay Consultant in accordance with subparagraphs C and D below.
A. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant,a final payment shall be made to
the Consultant for actual cost for the work complete at the time of termination of the Agreement.In addition,the Consultant shall be paid
on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten(10)
days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice
of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the
Consultant shall immediately reimburse the City for any excess paid.
B. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant,the above stated formula for
payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual
costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was
satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of
termination,the cost to the City of employing another firm to complete the work required and the time which may be required to do so,
and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall
payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection A had been
applied.
C. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports, and
documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such
unrestricted use not occurring as a part of this project,shall be without liability or legal exposure to the Consultant.
D. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the
Consultant for any breach of this Agreement by the Consultant,or for failure of the Consultant to perform work required of it by the City.
Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future
act or omission by the Consultant.
DISPUTES
Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be
referred for determination to the City,whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event
that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement,both parties agree that any such
action shall be brought in the District Court of the State of Idaho,situated in Valley County.
LEGAL RELATIONS
The Consultant shall comply with all Federal Government,State and local laws and ordinances applicable to the work to be done under this
Agreement. This contract shall be interpreted and construed in accordance with the laws of Idaho.
The Consultant agrees to indemnify,defend and hold the City and its officers and employees harmless from and shall process and defend at its
own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's negligence or breach of any of its
obligations under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the
City from claims,demands or suits based upon the conduct of the City,its officers or employees and provided further that if the claims or suits
are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and(b) the City, its agents, officers and
employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the
extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below.
The Consultant shall secure general liability,property damage,auto liability,and professional liability coverage in the amount of$1.0 million,
with a General Aggregate in the amount of$2 million, unless waived or reduced by the City. The Consultant shall submit a completed
_ Insurance Information Form, and the Standard Accord Certification Form prior to the execution of the contract. The Consultant shall also
submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance. The Certification and
Declaration page(s)shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s)on file from a previous
contract and no changes in insurance coverage has occurred,only the Certification Form will be required.The limits of said insurance shall not,
however,limit the liability of Consultant hereunder.
All coverages provided by the Consultant shall be in a form,and underwritten by a company acceptable to the City. The City will normally
require carriers to have minimum A.M.Best rating of A XH. The Consultant shall keep all required coverages in full force and effect during
the life of this project,an a minimum of thirty days'notice shall be given to the City prior to the cancellation of any policy by the carrier.
The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current business license while
conducting work for the City. The consultant shall require,and provide verification upon request,that all subconsultants participating in a City
project possess a current business license.
The Consultant's relation to the City shall be at all times as an independent contractor.
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SUBLETTING OR ASSIGNING OF CONTRACTS
The consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City.
ENDORSEMENT OF PLANS
The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in
accordance with Idaho code.
COMPLETE AGREEMENT
This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties. Any supplements to
this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has
authority to make,and the parties shall not be bound by or be liable for, any statement,representations,promise,or agreement not set forth
herein. No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an
amendment or"Extra Work"authorization to this Agreement.
The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof,and this agreement shall be
construed in all respects as if such invalid or unenforceable provision were omitted.
EXECUTION AND ACCEPTANCE
This Agreement may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal
effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the
supporting materials submitted by the Consultant,and does hereby accept the Agreement and agrees to all of the terms and conditions thereof.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written.
APPROVED APPROVED
TITLE TITLE
DATE DATE
RH2 Engineering,Inc.,PO Box 2553,Redmond,WA 96073 City of McCall,PO Box 1065,McCall,ID 83636
Exhibit A
CITY OF McCALL
Airport Area Sewer Collection System
Planning and Predesign Report
SCOPE OF WORK
TASK ONE: AREA EVALUATION AND COLLECTION OF EXISTING INFORMATION
Objective: Determine the approximate configuration of all components of the existing sewer system
in the Airport area south of Deinhard Lane (existing system). Evaluate the existing system
in order to identify its capacity and recommend improvements needed to accommodate
growth in addition to existing development.
Approach:
A. Collect available mapping and perform on-site measurements as required -to determine the
approximate horizontal and vertical location of the existing sewer system components.
Measurements will be accomplished in conjunction with City Public Works staff.
B. Prepare a color figure illustrating the City collection system in the Airport area. This figure will
illustrate basic system components as well as pipe sizes and estimated slopes.
C. Evaluate existing wastewater flow rate records for the Deinhard Lane interceptor to determine
remaining City capacity available.
D. Collect and compile available existing data for metered water usage, .precipitation, average daily
temperatures and wastewater flows as required to evaluate infiltration and inflow (I/I) and total
flow rates in the Airport area.
TASK Two: DEVELOP POLICIES & DESIGN CRITERIA
Objective: Develop policies and design criteria for expansion, operation and maintenance of the City's
sanitary sewer collection system.
Approach:
A. Summarize applicable laws, regulations, and policies to ensure that the future sanitary sewage
collection meets minimum and acceptable design standards and criteria and are in compliance with
current laws and regulations from a technical standpoint. The policies and design criteria will relate
to future construction standards, operation and maintenance requirements, replacement and
rehabilitation criteria, and financial policies for the design, construction, and operation of the City's
sanitary sewer collection system.
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B. Compile existing planning information relating to the existing and future sanitary sewer service area,
existing and future land use, population forecasts, and environmental considerations. Planning
horizon to be evaluated will be twenty years.
C. Evaluate wastewater flowrate data and peaking factors based on information provided by the City.
D. Estimate future wastewater flows and quality.
TASK THREE: ANALYZE EXISTING SYSTEM AND IDENTIFY
ADDITIONS/IMPROVEMENTS
Objective: Describe and evaluate existing systems in order to identify deficiencies and recommend
improvement.
Approach:
A. Analyze the hydraulic capacity of the City's sanitary sewer system in the Airport area. Projected
flow rates for future conditions will be based on the City's land use planning and population
forecasts as described under Task Two.
B. Determine collection system capacity needed for existing and future flow rates.
C. Prepare a color figure illustrating collection system additions and improvements.
D. Based on review of the sewer records, field investigations and discussion with City and Payette Lake
Water and Sewer District maintenance staff, identify areas of the system which need improvement
or should be evaluated with video cameras.
E. Analyze available I/I information compiled in Task One. If possible, determine the quantity and
sources of I/I and/or make recommendations for additional investigations.
F. Determine estimated capital costs as well as operations and maintenance costs for proposed
improvements.
TASK FOUR: FINANCIAL SOURCES AND STRATEGIES FOR PROJECT
IMPLEMENTATION
Objective: Evaluate the financial impact of the proposed improvements. Discuss potential funding
sources. Recommend financial plan for proposed improvements.
Approach:
A. Utilize summary financial records for the last five years for the sewer system.
B. Discuss potential funding sources including developer extensions.
C. Discuss the effects of phased construction as applicable.
D. Present a financial plan for implementing improvements
TASK FIVE: DEVELOP PREDESIGN PLAN AND PROFILE LAYOUT
A. Perform aerial survey to provide basis for preliminary design drawings.
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B. Develop plan and profile design sheets without interfering utilities but in the anticipated alignment
location and depth.
C. Develop predesign level cost estimates for project and anticipated cost sharing for all participants.
D. Coordinate with the County and State regarding approvals required and include costs such.
TASK SIX: PREPARE DRAFT REPORT AND FINAL REPORT
_ Objective: Prepare a draft report. Prepare materials for a council presentation. Prepare final report
entitled, "Airport Area Sewer System Plan", presenting the findings of the engineering
analysis and recommended improvements.
Approach:
A. Prepare ten (10) draft reports for review by the City.
B. Incorporate City comments based on comments received.
C. Prepare twenty (20) final reports for use by the City after receiving public comments.
Scope of Work -Page 3\\R4PHAEL\S}'S'\DATA\il1CC\I40-00\SOW Semm tdkdion gslem planning
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` Area Evaluation&Collection of Existing Information 22 $2,860 1 6 $498 1 2 $102 E $3,460 ,
Develop Policies and Design Critena 4 $520 2 $166 1 $51 $737 r
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Analyze Existing Sytem&Identify Additions/Improvements 18 $2,340 32 $2,656 4 $204 $5 200
Financial Sources&Strategies for Project Implementaiton 1 6 $780 1 12 $996 1 41
$204 $1,980
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Develop Predesign Plan and Profile Layou 4 $520 24 $1,992 2 $102 $2,614
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� Prepare Draft Report and Final Report 22 $2s6o 12 $996 6 $306 $4,162 �`
K $18153
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Computer $900 i
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AutoCAD Plots $450 '
Copying
Mileage and Travel Expenses $600
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5/27/98, 9:35 AM McCall Airport Sewer collection system fee
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Principal E..IX $130.00 Engineering Technician T 1 $56 00............................................................................................................................................
Principal E VIIl $130.00
................................................................................................................................................
Principal EVIL $1.24.00 Computer Specialist IV $98.00
......................_...............................
Computer Specialist II $84.W
..._._.............................
Project Manager E VI $116.00
.................................................................................................................................................
Project Manager E V $108.00 Administrative Assistant
' ................................................................................................................................................. $62.00
Scientist IV $110.00
..........................................._............_.....................................................................................
Scientist III $108.00 Word Processor ID $62.00
...................... ...................................._...................................
Project Engineer E IV $98.00 Word Processor II $51.00
................................................................................................................................................
Project Engineer E,III $.9.8.00 Word Processor I ......$...4...0......0...0
...... .. ..............._..............._........-.... .....
.........................................................................
Office Aide $34.00
.......................................................................
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Staff Engineer E II $83.
.................................................................................................................................................
Staff Engineer E I $76.00
.............................................._................................................................................................
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In-house copies(each) 81/2 X 11 $0.07 In-house CAD system(hour) $25,00
......... ......... ...............................
.........................._............................................
In-house copies(each) 81/2 X 14" $0.25 CAD Drawings $5,00
.. . .....................................................................................................................
......................_.................................................
In-house copies(each) 11"X 17" $0.50
................................................................................................................................................
........................._....._........._.............................
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E In-house copies(color)(each) 8 1/2"X 11' $0.85 In-house computer $9,00
............................................................................................................................
.......................................................................
In-house copies(color)(each) .8,1/2"X 14 $1.50 Mileage(mile) $0.35
In-house copies(color)(each) 11 X 17" $1.70
.................................................................................................................................................
In-house blueprints(each) 24"X 36" $1.20
.............._...................................................................................._................................
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FAX(each sheet) $3.
.................................................._............................_.........................._..................................,
H/P Paintjet(each sheet) $1.50
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PROFESSIONAL SERVICES AGREEMENT
City of McCall
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THIS AGREEMENT, made and entered into on this ,day of 19_;by and between the City of McCall,A MUNICIPAL
CORPORATION HEREINAFTER CALLED THE"CITY,"and the consulting firm RH2 Engineering,Inc.whose address is,PO Box 2553, z
Redmond,Washington,98073 at which work will be available for inspection,hereinafter called the"CONSULTANT."
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PROJECT NAME: Airport Area Sewer Collection System Planning and Predesign Report a
WHEREAS,the City deems it advisable to engage the professional services and assistance of a qualified professional consulting firm to do the
necessary engineering work for the project,and
WHEREAS,the Consultant has represented and by entering into this Agreement now represents,that he is in full compliance with the statutes
of the State of Idaho for registration of professional engineers,has a current valid corporate certificate from the State of Idaho or has a valid
assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully
qualified to perform the work to which they will be assigned in a competent and professional manner,and that sufficient qualified personnel are
on staff or readily available to Consultant to staff this Agreement.
WHEREAS,the Consultant has indicated that he desires to do the work set forth in the Agreement upon the terms and conditions set forth
below and in the following Exhibits:
Exhibit A Scope of Work
Exhibit B Schedule of Rates and Fees
Exhibit C Schedule of Rates and Charges
NOW THEREFORE,in consideration of the terms,conditions,covenants and performances contained herein below,the parties hereto agree as
follows:
SCOPE OF WORK
The Consultant shall furnish,and hereby warrants that it has,the necessary equipment,materials,and professionally trained and experienced
personnel to facilitate completion of the work described in Exhibit A,Scope of Work,which is attached hereto and incorporated into this
Agreement.The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local
and state regulations, guidelines and policies. The Consultant shall prepare information and perform studies as it may deem pertinent and
necessary,in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make minor changes,
amendments or revisions in the detail of the work as may be required by the City. This item does not constitute"Extra Work"item as related to
the"Extra Work"section of the Agreement.
The work shall be verified for accuracy by a check by the Consultant and shall be certified by the Consultant. The Consultant will be held
responsible for the accuracy of the work,even though the work has been accepted by the City.
DESIGN CRITERIA
The City will designate the basic premises and criteria for the work needed. Reports and plans,to the extent feasible,shall be developed in
accordance with the latest edition and amendments of local and State regulations,guidelines,and specifications.
ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY
The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans,studies,
specifications,and estimates within the limits of the assigned work All other records needed for the work must be obtained by the Consultant.
The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be
responsible for this data collection. The Consultant shall be responsible for the verification of existing records to insure they represent the
accurate and current field conditions.
OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon
completion of the various phases of the work. All such material including maps,drawings,photo, photographic negatives,etc. used in the
project shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not
directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the
Consultant. All written documents and products shall be printed on recycled paper when practical. Use of the chasing-arrow symbol
identifying the recycled content of the paper shall be used whenever practical. Final documents,and interim drafts(as feasible),will be printed
on both sides of the recycled paper.
OSr na 1:19 PM F:OATMMCC\1404)1Ai,Pin Sc c COOMM Cmva dw
PAYMENT
The Consultant.shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter and as
specified in Exhibit B, Schedule of Rates and Fees and Exhibit C, Schedule of Rates and Charges. Such payment shall be full
compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete
the work. All billings for compensation for work performed under this Agreement will list actual time(days and/or hours)and dates during
which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for the work shown in Exhibit A
shall not exceed$ without a written amendment to this contract,agreed to and signed by both parties. Payment for work stated in
Exhibit A will be calculated based on Consultant's hourly rates stated in Exhibit C.
Payment for extra work performed under this Agreement shall be paid as agreed to by the parties in writing at the time the extra work is
authorized. (see"EXTRA WORK").
Acceptance of final payment by the Consultant shall constitute a release of all claims, related to payment under this Agreement,which the
Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior
to its acceptance.Final payment shall not,however,be a bar to any claims that the City may have against the Consultant or to any remedies the
City may pursue with respect to such claims.
The Consultant and its subconsultants shall keep available for inspection,by the City,for a period of three years after final payment,the cost
records and accounts pertaining to this Agreement and all items related to,or bearing upon,these records. If any litigation,claim or audit is
started before the expiration of the three-year retention period,the records shall be retained until all litigation,claims or audit findings involving
the records have been resolved. The three-year retention period starts when the Consultant receives final payment.
CHANGES IN WORK
The Consultant shall make all revisions and changes in the completed work of this Agreement as are necessary to correct errors,when required
to do so by the City,without additional compensation.
Should the City find it desirable for its own purposes to have previously completed work or parts thereof revised,the Consultant shall make
revisions,if requested and as directed by the City in writing. This work shall be considered as"Extra Work"and will be paid for as provided in
Section"Extra Work".
EXTRA WORK
The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work
provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written
supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the
City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is
undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for
compensation as Extra Work
EMPLOYMENT
The Consultant warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the
Consultant,to solicit or secure this contract and that he has not paid or agreed to pay any company or person,other than a bona fide employee
working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or
resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability,or in its discretion to deduct from the Agreement price or consideration or otherwise recover,the full amount of
such fee,commission,percentage,brokerage fee,gift or contingent fee.
Any and all employees of the Consultant,while engaged in the performance of any work or services required by the Consultant under this
Agreement,shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the
Workman's Compensation Act on behalf of said employees,while so engaged and any and all claims made by a third party as a consequence of
any negligent act or omission on the part of the Consultant's employees, which so engaged on any of the work or services provided to be
rendered herein,shall be the sole obligation and responsibility of the Consultant.
The Consultant shall not engage,on a full or part-time basis,or other basis,during the period of the contract, any professional or technical
personnel who are,or have been at any time during the period of this contract,in the employ of the City except regularly retired employees,
without written consent of the City.
If during the time period of this Agreement,the Consultant finds it necessary to increase its professional,technical,or clerical staff as a result of
this work,the consultant will actively solicit minorities through their advertisement and interview process.
NONDISCRIMINATION
The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed,
color,national origin,martial status,sex,age or handicap except for a bona fide occupational qualification with regard to,but not limited to the
following: employment upgrading;demotion or transfer, recruitment or any recruitment advertising; layoff or terminations;rates of pay or
other fomrs of compensation;selection for training;rendition of services. The Consultant understands and agrees that if it violates this Non-
Discrimination provision,this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any
services for the City now or in the future,unless a showing is made satisfactory to the City that discriminatory practices have terminated and
that recurrence of such action is unlikely.
i
TERMINATION OF AGREEMENT
The City reserves the right to terminate this Agreement at any time upon not less than ten(10)days written notice to the Consultant,subject to
the City's obligation to pay Consultant in accordance with subparagraphs C and D below.
A. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant,a final payment shall be made to
the Consultant for actual cost for the work complete at the time of termination of the Agreement.In addition,the Consultant shall be paid
on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten(10)
days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice
of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the
Consultant shall immediately reimburse the City for any excess paid.
B. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant,the above stated formula for
payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual
costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was
satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of
termination,the cost to the City of employing another firm to complete the work required and the time which may be required to do so,
and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall
payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection A had been
applied.
C. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports, and
documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such
unrestricted use not occurring as a part of this project,shall be without liability or legal exposure to the Consultant.
D. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the
Consultant for any breach of this Agreement by the Consultant,or for failure of the Consultant to perform work required of it by the City.
Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future
act or omission by the Consultant.
DISPUTES
Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be
referred for determination to the City,whose decision in the matter shall be final and conclusive on the patties to this Agreement. In the event
that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement,both parties agree that any such
action shall be brought in the District Court of the State of Idaho,situated in Valley County.
LEGAL RELATIONS
The Consultant shall comply with all Federal Government,State and local laws and ordinances applicable to the work to be done under this
Agreement. This contract shall be interpreted and construed in accordance with the laws of Idaho.
The Consultant agrees to indemnify,defend and hold the City and its officers and employees harmless from and shall process and defend at its
own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's negligence or breach of any of its
obligations under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the
City from claims,demands or scats based upon the conduct of the City,its officers or employees and provided further that if the claims or suits
are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and(b)the City,its agents,officers and
employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the
extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below.
The Consultant shall secure general liability,property damage,auto liability,and professional liability coverage in the amount of$1.0 million,
with a General Aggregate in the amount of$2 million, unless waived or reduced by the City. The Consultant shall submit a completed
Insurance Information Form, and the Standard Accord Certification Form prior to the execution of the contract. The Consultant shall also
submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance. The Certification and
Declaration page(s)shall be in a forts as approved by the City. If the City's Risk Manager has the Declaration page(s)on file from a previous
contract and no changes in insurance coverage has occurred,only the Certification Form will be required.The limits of said insurance shall not,
however,limit the liability of Consultant hereunder.
All coverages provided by the Consultant shall be in a form,and underwritten by a company acceptable to the City. The City will normally
require carriers to have minimum A.M.Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during
the life of this project,an a minimum of thirty days'notice shall be given to the City prior to the cancellation of any policy by the carrier.
The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current business license while
conducting work for the City. The consultant shall require,and provide verification upon request,that all subconsultants participating in a City
project possess a current business license.
The Consultant's relation to the City shall be at all times as an independent contractor.
SUBLETTING OR ASSIGNING OF CONTRACTS
The consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City.
ENDORSEMENT OF PLANS
The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data famished by them in
accordance with Idaho code.
COMPLETE AGREEMENT
This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties. Any supplements to
this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has
authority to make,and the parties shall not be bound by or be liable for, any statement,representations,promise,or agreement not set forth
herein. No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an
amendment or"Extra Work"authorization to this Agreement.
The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof,and this agreement shall be
construed in all respects as if such invalid or unenforceable provision were omitted.
EXECUTION AND ACCEPTANCE
This Agreement may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal
effect. The Consultant does hereby ratify and adopt all statements,representations, warranties,covenants, and agreements contained in the
supporting materials submitted by the Consultant,and does hereby accept the Agreement and agrees to all of the terms and conditions thereof.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written.
APPROVED APPROVED
3
TITLE TITLE
DATE DATE
RH2 Engineering,Inc,PO Box2553,Redmond,WA 98073 City of McCall,PO Box 1065,McCall,ID 83636
s
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i
Exhibit A
CITY OF McCALL
Airport Area Sewer Collection System
Planning and Predesign Report
SCOPE OF WORD
TASK ONE: AREA EVALUATION AND COLLECTION OF EXISTING INFORMATION
Objective: Determine the approximate configuration of all components of the existing sewer system
in the Airport area south of Deinhard Lane (existing system). Evaluate the existing system
in order to identify its capacity and recommend improvements needed to accommodate
growth in addition to existing development.
Approach:
A. Collect available mapping and perform on-site measurements as required -to determine the
approximate horizontal and vertical location of the existing sewer system components.
Measurements will be accomplished in conjunction with City Public Works staff.
B. Prepare a color figure illustrating the City collection system in the Airport area. This figure will
illustrate basic system components as well as pipe sizes and estimated slopes.
C. Evaluate existing wastewater flow rate records for the Deinhard Lane interceptor to determine
remaining City capacity available.
D. Collect and compile available existing data for metered water usage, precipitation, average daily
temperatures and wastewater flows as required to evaluate infiltration and inflow (I/I) and total
flow rates in the Airport area.
TASK TWO: DEVELOP POLICIES & DESIGN CRITERIA
Objective: Develop policies and design criteria for expansion,operation and maintenance of the City's
sanitary sewer collection system.
Approach:
A. Summarize applicable laws, regulations, and policies to ensure that the future sanitary sewage
collection meets minimum and acceptable design standards and criteria and are in compliance with
current laws and regulations from a technical standpoint. The policies and design criteria will relate
to future construction standards, operation and maintenance requirements, replacement and
rehabilitation criteria, and financial policies for the design, construction, and operation of the City's
sanitary sewer collection system.
Scope of Work —Page 1\\RAPHAEL\SYADATA\AICC\140-MSOW Se—r rel&rliaa g tm p/aR ,y
Rpa�.�
B. Compile existing planning information relating to the existing and future sanitary sewer service area,
existing and future land use, population forecasts, and environmental considerations. Planning
horizon to be evaluated will be twenty years.
C. Evaluate wastewater flowrate data and peaking factors based on information provided by the City.
D. Estimate future wastewater flows and quality.
TASK THREE: ANALYZE EXISTING SYSTEM AND IDENTIFY
ADDITIONS/IMPROVEMENTS
Objective: Describe and evaluate existing systems in order to identify deficiencies and recommend
improvement.
Approach:
A. Analyze the hydraulic capacity of the City's sanitary sewer system in the Airport area. Projected
flow rates for future conditions will be based on the City's land use planning and population
forecasts as described under Task Two.
B. Determine collection system capacity needed for existing and future flow rates.
C. Prepare a color figure illustrating collection system additions and improvements.
D. Based on review of the sewer records, field investigations and discussion with City and Payette Lake
Water and Sewer District maintenance staff, identify areas of the system which need improvement
or should be evaluated with video cameras.
E. Analyze available I/I information compiled in Task One. If possible, determine the quantity and
sources of I/I and/or make recommendations for additional investigations.
F. Determine estimated capital costs as well as operations and maintenance costs for proposed
improvements.
TASK FOUR: FINANCIAL SOURCES AND STRATEGIES FOR PROJECT
IMPLEMENTATION
Objective: Evaluate the financial impact of the proposed improvements. Discuss potential funding
sources. Recommend financial plan for proposed improvements.
Approach:
A. Utilize summary financial records for the last five years for the sewer system.
B. Discuss potential funding sources including developer extensions.
C. Discuss the effects of phased construction as applicable.
D. Present a financial plan for implementing improvements
TASK FIVE: DEVELOP PREDESIGN PLAN AND PROFILE LAYOUT
A. Perform aerial survey to provide basis for preliminary design drawings.
Scope Of Work -Page 2\\RAPHAEL\S)S\DAT I\dIcc\rlo-c SOW scar.
,epatea
B. Develop plan and profile design sheets without interfering utilities but in the anticipated alignment
location and depth.
C. Develop predesign level cost estimates for project and anticipated cost sharing for all participants.
D. Coordinate with the County and State regarding approvals required and include costs such.
TASK SIX: PREPARE DRAFT REPORT AND FINAL REPORT
Objective: Prepare a draft report. Prepare materials for a council presentation. Prepare final report
entitled, "Airport Area Sewer System Plan", presenting the findings of the engineering {
analysis and recommended improvements.
Approach:
A. Prepare ten (10) draft reports for review by the City.
B. Incorporate City comments based on comments received.
C. Prepare twenty (20) final reports for use by the City after receiving public comments.
Scope Of Work -Page 3��RAPHAEL\S)'.RDATA\,ttC(-NI40-GO�S017 Jr r, �, tiw , <<� �,i,g
n f:
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Area Evaluation&Collection of Existing Information 22 $2,860 6 $498 2 $102 $3,460
a
Develo Policies and Deslij Criteria
E
1
Analyze Existing Sytem&Identify Additions/Im rovements t8 $z,3ao 32 $2,656 4 $204 55,200
� t
Financial Sources&Strafe 'es for Project Implementaiton 6 $780 12 $996 1 a $2041 $1,980
Develop Predesign Plan and Profile Layou a $520 24 $1,992 1 2
$102 $2,614
Prepare Draft Report and Final Re rt 22 $2,860 12 $996 61
$306 $4,162
6
$18,153
Com uter
AutoCAD Plots
$900
Co ying $450
Miles a and Travel Expenses $600
Per Diem(Meals and Lodging) $225$500
1111011
E
5/27/98, 9:35 AM
McCall Airport Sewer Collection System fee
{
Principal E IX ^_ �i— $130.00 Engineering Technician T I
Principal $56.00
$130.00
Principal E VII �^Y $124 00 Computer Specialist Iy
$98.00
M� Computer Specialist H $84.00
Project Manager E VI $116:00 '
Project Manager E V $108.00 Administrative Assistant
fi Scientist IV $110.00
Scientist III $108.00 Word Processor in
Project Engineer E IV — ---- __
$98.00 Word Processor H. $5I.00
Project Engineer E III T $98.00 Word Processor T $40 DO
Staff Engineer E 11 Office Aide �— $34.00
Staff Engineer El $76.00
i
In-house copies(each) 81/2"X 11" ��� $0.07 In-house CAD system(hour) $25 00
In-house copies(each) 81/2"X 14" $0.25 CAD Drawings
$5.00
In-house copies(each) 11"X 17" $0.50 --
In-house copies(color)(each) 8 1/2"X IF
�— $0.85 In-house computer(hr) $9 00
In-house copies(color)(each) 8 1/2"X 14 $1.50 Mileage(mile) $0.35
In-house copies(color)(each) 11 X_17"— $1.70
In-house blueprints(each) 24"X 36" _ $1.20
FAX(each sheet) $3.00
H/P Pamtjet(each sheet) —� $1.50
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490
1 1998 IDAHO ACTS CH.407
The governor shall appoint a memb to said boar or phased project.
a term of six(6)years.Each member shall hold office after the iratio process provided b%
t rm until his successor has been duly appointed and / P n of own (a)Encoura;
P qualified. Vacancies on ',
f b d for any cause shall be filled by appointment by the overnor for the balance f (bins solic.
tfi unexpired term. The governor ma remove (() Establis'.
y member of the board for
mi conduct,incompetence or neglect of duty.Each ember of the board shall receive criteria and
a c rtificate of appointment from the governor,an before entering upon the discharge to perform
of is duties,shall file with the secretary of state the constitutional g (c)Select-fi-
e
'i o ice. The board may, by written agreem ntt, authorize the bureau o occupational public agen-
censes as gent to act in its interest. qualified tc
pursuant to
and proced
SECTION 3.That Section -4-1908,Idaho Code,be,and the same is hereby d Ne oti
ended to read as foft ws: ( ) o
contract or
i 54-1908.MEET1N —QUORUM.The board shall hold not less than four public ager
(4)regular meetings each year,o a day not later than the fifteenth day of the month after consi
in each of the months, ff Jan and ose of nature of tl
f transacting such business as may pro Aply�co a before it At the April mectober, for the te ing of
(e)When i. �
each year the board lKall elect officers. cial or regular monthly meetings of the terminate
board may be held at such times as the bo may provide in th
i E W-3 4 rmembers of the board shall co titute a quorum.Two 2 in subsect
v of the board m y call a special meeting at, (f)When i
time. a notice of each meeting of the
board and time and place thereof shall be given ch member in the manner of the sele r
prescribed ' th7( law .Each member of the bo d shall be compensated process pr
as provid by section 59-509(h),Idaho Code,to be allowed an aid from the public When
works c ntractors license account,as hereinafter provided in this P engineers
to manager
SECTION 4.That Section 67-2320,Idaho Code,be,and the same is hereby servicefe
1
am nded to read as follows: dollars
as requi
67-2320. PROFESSIONAL SERVICE CONTRACTS WITH DESIGN
PROFESSIONALS CONSTurr this sec
�\ CTION MA1�A('FRS P GN i
LANDS RV YORS elec i r ]
(1) Notwrthstandtng any other provision of law to the rea r ;
contrary, it shall be the policy of this state that all public agencies and political u
�DD
subdivisions of the state of Idaho 7nrr�and their as = Apjf P d vr� -
professional engineering, make selections forpolitical
g „ architecture] landscape archite�
mane emn�+and nrofesc; land surveying services,Including services by e. tructron this
licensed pursuant to chapters 3 12 �0 °�
of qualifications and demonstrated competence� d,title 54,Idaho Code,on the basis (i))In fL
' 'may' 11 negotiate contracts or this se
agreements for such services on the basis of demonstrated competence and info
orm
qualifications for the type of services required at fair and reasonable prices. multip
(2)In carrying out this policy,public agencies and political subdivisions of public stat all use the followin u lic
en ele o g mi�►nu�rrguidelines i9 securing cnn+.�..��
a hit tural landsc a re ' ectu e n t ti�•o `� " for order
and land ury yiQg services on nrnin a en (3)In
cts for which the nrofe sional service fee is architecture a
anticipated to exc ed the t tal um of twenty-fry thou a d Ile
e clud'no ofe ion 1 servic c ntracts reviousl aw rded r an a so ated for which the p
of twenty-five
s:
t_
1993 IDAHO ACTS CH.407 491 it
or phased project, and the expenditure is otherwise exempt from the bidding,
:o said board for process provided by law:
ition of his own
(a)Encourage persons or frms engaged in theservices
acancies on the being solicited to submit statements of qualifications and performance data;
r the balance of (b) Establish and make available t e public the
the board for criteria and procedures used for the selection of qualified persons or firms
and shall receive to perform such services;
on the discharge (c)Select the persons or firms whom the
oath of public agency or political subdivision determines the nov highi�,to be best
of occupational qualified to provide the required services ranked in order of preference,
pursuant to the public agency or political subdivision's established criteria
and procedures;
same is hereby (d) Negotiate with the highest-VmWeed ranked person or firm for a
contract or agreement to perform such services at a price determined by the
public agency or political subdivision to be reasonable and fair to the public
iot less than four after considering the estimated value, the scope, the complexity and the
ay of the month s
nature of the services;
the purpose of (e)When unable to negotiate a satisfactory contract or agreement,formally
\pril meeting of terminate negotiations and undertake negotiations with the next—meat
meetings of the gimit -- bjghest rankedperson�firm,following the procedure prescribed
ry 6VV3 v w . in subsection(2)(d)of this section;-anci` .L
wo(2)members (f)When unable to negotiate a satisfactory contract or agreement with any
:h meeting of the of the selected persons or firmscontinue with the selection and negotiation
r in the manner process provided in this section until a contract or agreement is reached-1
be compensated (g)When uR blic agencies or political subdivisions solicit groposals for
i from the public engineering architectural landscape architecture construction
to management or land surveying services for which the professional
service fee is anticipated to exceed the total sum of twenty-five thousand
a same is hereby dollars($25,000),the shall hall publish public notice in the same manner
as required for bidding of public works construction projects, rt
(h)In fulfilling the rcquirements of subsections(2)(a)through(2)(g)of
WITH DESIGN this section. a public agency or political subdivision may limit its
OFESSIOPIAL• selection from a list of three (3) persons or firms selected and i
n of law to the preapproved for consideration by the public agency or political }
ies and political subdivision. In establishing a preapproved list a public agency or
ce selections for political subdivision shall publish notice as set forth in subsection (2N 1
e. construction of this section. When selecting from such list, no notice shall be
vices by persons required.
ode,on the basis (i)In fulfilling the requirements of subsections(2)(a)through (2)(g)of
:fate contracts or this section, a public agency or political subdivision may request i
ompetence and information concerning a person's or firm'srates overheadand
e prices. multipliers. if any,however such information shall not be used by the
subdivisions of public agency or political subdivision for the purpose of ranking in
ig contracts for order of preference as required in subsection (2)(c)of this section .
n management (3)In securing contracts for engineering, architectural. landscape
-al service fee is architecture construction management or land surveying services on projects
11ars(525.0001, for which the professional service fee is anticipated to be less than the total sum
)r an associated of twentv-five thousand dollars (525.000). the public agency or political
i�
i
492 1998 IDAHO ACTS CH.407
j
subdivision may use the guidelines set forth in paragraphs (a) through (g,) of
subsection(2)of this section or establish its own guidelines for selection haseri
on demonstrated competence and qualifications to perform the of services
required.followed by negotiation of the fee at a price determined by the oMb1ic
agency or political subdivision to be fair and reasonable after considering the
estimated value,the scope.the complexity and the nature of services.
(4) When a public agency or political subdivision of the state has
previously awarded a professional services contract to a person or firm for an
associated or phased project the public agency or political subdivision may 21 RELATING
its discretion.negotiate an extended or new professional services contract withNOTIFICATi
that person or firm, AMENDING
(4 (a)For the purposes of this section,"public agency"shall mean the state CHAPTER 8
of Idaho and any departments, commissions,boards,authorities,bureaus, OFFEND
universities,college ER
,educational institutions or other state agencies which SHORT ER
have been created by or pursuant to statute other than courts and their TI
PROVIDE
agencies and divisions,and the judicial council and the district magistrates REGISTRY C
commission; REGISTER A
(b) For the purposes of this section, political subdivision" shall mean a ANNUAL RE
county, city, airport, airport district, school district, health district, road VIOLENT SE
district,cemetery district,-jmrFercommunity college district,hospital district, VI VI NAME.
irrigation district,sewer district,fire protection district,or any other district REQUIREM:
or municipality of any nature whatsoever having the power to levy taxes or ESTABLISH i
assessment, organized under any general or special law of this state. The PROVIDE F
enumeration of certain districts herein shall not be construed to exclude other QUORUM, t
I districts or municipalities from this definition. MEMBERS,
PROVIDE T
Effective:07/01/98 BOARD TO
AUTHORIZ
i REQUIRE i
REQUIRE P: .
OFFENDER
NOTICE O:
EXCEPTIOi
DETERMIN
TO PROVID
STATES, T(
SEXUAL O
REGISTRY
LIABILITY
FOR VIGIL
UNDER TH
ADDITION
RESTRICT:
OFFENDEI
CONVICTI
CHANGE;
PUBLIC D
CLASSIFIC
e
i
� Y
F�
1998 IDAHO ACTS CH. 148
_ 591 `�
CHAPTER 148
IN THE SENATE tg
SENATE BILL NO. 1375 r
r
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
AN ACT f
NG
k RY POLICY _-RELATING TO PURCHASES BY GOVERNMENTAL ENTITIES;AMENDING � =�
STORY POLICY SECTION 67-2349, �
)N SHALL BE IDAHO CODE, TO ADD SERVICES TO THE LIST FOR
TLY TO THE
PREFERENCE OF IDAHO SUPPLIERS.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1.That Section 67-2349,Idaho Code,be,and the same is hereby
amended to read as follows:
e same is hereby
67-2349.PREFERENCE FOR IDAHO SUPPLIERS FOR PURCHASES.
To the extent permitted by federal laws and regulations,whenever the state of Idaho,
ower to employ, or any department, division,bureau or agency thereof, or any city, county,school
f ns, accountants, - distri
�
ut the provisions irrigation district,drainage district,sewer district,highway district,good road
district,fire district,flood district,or other public body,shall let for bid any contract
by law upon the for purchase of any materials,supplies.services or equipment,the bidder domiciled r.
outside the boundaries of Idaho shall be ui re!es D v• ed require d,in order to be successful,to submit
a bid the same percent less than the lowest bid submitted by a responsible bidder
ALI
domiciled in Idaho as would be required for such an Idaho domiciled bidder to
'lam succeed over the bidder domiciled outside Idaho on a like contract being let in his
domiciliary state.
For the purposes of this section,any bidder domiciled outside the boundaries
gency is hereby ;' �of the state of Idaho may be considered as an Idaho domiciled bidder,provided that
its passage and there exists for a period of one(1)year preceding the date of the bid a significant
Idaho economic presence as defined herein.A significant economic presence shall
consist of the following:
(a)That the bidder maintain in Idaho fully staffed offices,or fully staffed
sales offices or divisions,or fully staffed sales outlets,or manufacturing facilities,or
warehouses or other necessary related property; and
(b)If a corporation be registered and licensed to do business in the state of
Idaho with the office of the secretary of state.
Effective: 07/01/98