SLED Opportunity · IDAHO · ADA COUNTY HIGHWAY DISTRICT
AI Summary
Ada County Highway District seeks bids for the FY26 Large Patch Pavement Repair Program involving asphalt removal, base preparation, paving, and restriping at six locations, including pedestrian ramp improvements at one site. Bids are due by April 22, 2026, with detailed contract and submission requirements.
This project will replace deteriorated asphalt at six locations in Ada County. Work at each site includes asphalt removal, base preparation, paving, and restriping. One location will also include pedestrian ramp improvements.
See Special Provisions SP 11554 – Construction Staging and Traffic Control Plan and Supplemental General Notes for date requirements, construction allowances, and important information for each segment.
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The Contract Documents are divided into parts, divisions, and sections in keeping with Industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project.
Please refer to the "Attachments" section for Special Provisions and other pertinent supporting documents.
“Addenda” or “Addendum” shall mean a change made by the Owner in the bidding or contract documents prior to execution of the contract.
“Bar Scheduling Chart” shall mean a construction schedule which contains a bar for each construction activity as set forth in the specifications and indicates the number of days to be actually worked reflecting activity start and end dates.
“Calendar Days” shall mean any day shown on the calendar, beginning and ending at midnight.
“Contract Documents” shall mean the documents that establish the rights and obligations of the parties and include the Instructions to Bidders, Contract Agreement, Contract Certification, Addendum, Written Amendment (which pertain to Contract Documents), Bid Schedule, Notice to Proceed, Labor/Material Payment Bonds, Performance Bond, General Conditions Plans & Specifications, together with all Change Orders, Field Directives (also known as “AVOs”) and Resident Engineer’s written interpretations and clarifications issued on or after the effective date of the agreement. Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents.
“Contract Price” shall mean the monies payable by the Owner to the Contractor for completion of the Work in accordance with the Contract Documents.
“Contract Time” shall mean the number of days or the dates stated in the Contract Agreement to complete the Work so that it is ready for final payment as evidenced by Resident Engineer’s written certification of Final Acceptance.
“Contract Agreement” shall mean the written instrument, which evidences the contract between Owner and Contractor covering the Work.
“Contractor” shall mean the individual, firm, corporation, or joint venture undertaking the execution of the Work under the terms of the Contract Documents.
“CPM Schedule” shall mean a planning, scheduling and control technique whereby a construction project is completely planned and scheduled and an arrow diagram drawn to show the interconnected individual tasks involved in constructing the project. CPM Schedules permits determination of the relative significance of each project event, and establishes the optimum sequence and duration of the operations.
“Final Acceptance” shall mean a written document executed by the Resident Engineer acknowledging that the Work has been completed and is acceptable and that all other obligations imposed on the Contractor by the Contract Documents have been fulfilled.
“IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION (ISPWC) Specifications and Drawings”, shall mean those standards adopted by Ada County Highway District Commissioners for use on work performed within the Highway District rights-of-way. Any ACHD Supplemental Standard Specifications to the ISPWC manual shall also be considered part of the adopted standards.
The Contractor’s attention is specifically directed to the fact that the Ada County Highway District Commission has NOT adopted Section 100-General Conditions, of the ISPWC document; accordingly, bidders should disregard this section of the ISPWC manual for work performed for Ada County Highway District.
Copies of the ISPWC specifications and drawings manual are available from Local Highway Technical Assistance Council (LHTAC), 3330 Grace St., Boise, Id. 83703. The ACHD Supplemental Standard Specifications are available from ACHD.
“Managing Engineer” shall mean the Manager of the Engineering Department, Ada County Highway District.
“Owner” as hereinafter used in this agreement, shall mean Ada County Highway District, or its successors and assigns.
“Project Inspector” shall mean the agent of the Owner and the Resident Engineer present on the site of the Work on behalf of the Owner to provide more extensive observations of the Work.
“Resident Engineer” as hereinafter used in this agreement, shall mean the Professional Engineer or his agent employed by the Owner who directly represents the Owner during the Work and has full authority to act on behalf of the Owner.
“Subcontractor” as hereinafter used in this agreement, shall mean those persons or entities hired by the Contractor to perform a portion of the Work, and includes one who furnishes material and/or labor, but does not include one who merely furnishes material.
“Work” shall mean the entire completed construction project required under the Contract Documents. This includes and is the result of performing or providing all necessary labor, services and documentation to produce such construction, and furnishing, installing and incorporating all materials and equipment into such construction as required by the Contract Documents.
A general description of the work to be done is contained in the Invitation to Bid (ITB). The scope is indicated on the accompanying drawings and specified in the applicable parts of these Contract Documents.
It is the intention of this agreement that Work shall be done in a workmanlike manner as called for in the Contract Documents to the satisfaction and final approval of the Owner.
The Contract Agreement shall be signed in triplicate by the Owner and Contractor.
The Contract Documents are complimentary and what is called for by one shall be binding as if called for by all. In case of conflict between plans and the specifications detailing the items being represented by such plans, the specifications shall govern. In case of a discrepancy in any of the plans, drawings, specifications, or other contract documents, such discrepancy shall be promptly submitted in writing to the Resident Engineer for clarification, resolution, or determination. Any work done by the Contractor prior to the Resident Engineer’s clarification, resolution or determination shall be done at his sole risk and expense.
In resolving inconsistencies among two or more sections of the Contract Documents precedence shall be given in the following order:
Figures and dimensions on drawings shall take precedence over scale dimensions and detailed drawings shall take precedence over general drawings.
The apparent silence of the specifications and plans as to any detail or a description concerning any point shall be regarded as meaning that only the best general practice is to prevail and that only approved material and workmanship of first quality should be used.
Failure to execute the contract and file the executed contract and Contract Certification with Owner by the date and time specified by Owner in the “Notice of Intent to Award Letter,” may be just cause for the refusal to award and forfeiture of the Contractor’s Bid Security to Owner as liquidated damages.
The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the Work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages or similar physical conditions at the site; (4) the conformation and conditions of the ground; (5) the nature of businesses that may be affected by the Work, including the impacts of driveway closures or restriction, restricted travel through the project, and/or the hours of construction activity; and (6) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by Owner, as well as from the drawings and specifications made as part of the contract. Any failure of the Contractor to take the actions described and acknowledged in the paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Owner.
Owner assumes no responsibility for any conclusions or interpretations made by Contractor based on the information made available by the Owner. Nor does Owner assume responsibility for any understanding reached or representation made concerning conditions, which can affect the Work by any of its officers or agents before the execution of the Contract, unless that understanding or representation is expressly stated in this Contract.
The Contractor’s attention is especially directed to the Contract Documents and such other materials included as part of the contract requirements in order to verify for himself, to his complete satisfaction, all information concerning site conditions and the work to be done.
The Owner shall be responsible for the adequacy and sufficiency of its plans and specifications. The Owner, through the Resident Engineer, shall furnish plans, which represent the requirements of the Work to be performed under the contract. If the Contractor observes that the Plans & Specifications are incorrect or contrary to law, it shall immediately notify the Resident Engineer, in writing, and any necessary changes shall be adjusted as provided in a contract changes paragraph.
Contractor will be furnished free of charge up to 10 copies of the construction Plans and Specifications depending upon the size and complexity of the project. Additional sets over the 10 copies will be furnished to the Contractor upon request, at the cost of reproduction, postage and handling.
All models, drawings, or copies thereof furnished by the Owner are property of the Owner, and shall not be reused in other work, and upon request shall be returned to the Owner at the completion of the work and prior to final payment.
The number of drawings consists of Nineteen (19) Plan Sheets.
No verbal agreements or conversations with any officers, agents, or employees of the Owner, either before or after execution of this contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the Contract Documents.
Contractor, upon award of the Work project and before construction commences, shall schedule a meeting with the Owner or his duly authorize representative. Contractor shall instruct his primary Subcontractors or their representatives to attend this meeting. Contractor shall bring to this meeting the schedule setting forth the preconstruction schedule as provided in subparagraph (c), a complete list of Subcontractors for all phases of the Work, a list of known material suppliers for all phases of the Work, as well as the designated safety employee as required in General Condition 15(c). The location of this meeting shall be at Owner’s office.
Prior to the commencement of the Work, Contractor shall designate a competent Superintendent and will inform Owner in writing of the Superintendent’s name and, upon request Contractor shall provide the qualifications, experience and address of the Superintendent. Superintendent will be present at the Work site at all times while Work is actually in progress and will have complete authority to represent and act for Contractor. Superintendent shall supervise and direct the Work and shall not physically participate in the actual performance, assemblage or installation of the Work. All directions given to Superintendent by Owner shall be as binding on the Contractor as if they were given directly to Contractor. If Contractor’s Superintendent or any of his assistants are or become unsatisfactory to Owner then the unsatisfactory employees shall be promptly replaced upon request of Owner at no additional expense to the Owner.
If the total amount of the Contract Price exceeds one million dollars ($1,000,000.00), the Contractor will furnish a CPM schedule both in hardcopy and in electronic media format.
If the total amount of the Contract Price does not exceed one million dollars (1,000,000.00), the Contractor may use a Bar Scheduling Chart in hardcopy.
Contractor shall diligently prosecute the Work, providing sufficient labor, materials and other supplies at all times to assure performance of the Work in an orderly fashion according to the schedule and to ensure that the Work is complete by the time set for Completion.
The Contract, if awarded, will be on the basis of material and equipment specified or described in the Proposal Documents for Submittal without consideration of possible “or- equal” items. Whenever it is specified or described in the Proposal Documents For Submittal that an “or-equal” item of material or equipment may be furnished or used by the Contractor if acceptable to the Resident Engineer, Application for Acceptance will not be considered by the Resident Engineer until after the execution of Contract.
Pursuant to Title 54, Chapter 19 of the Idaho Code, before execution of the contract by the ACHD Commission, Contractor shall furnish bonds acceptable to the Owner for a sum equal to the full amount of the Contract Price for a Performance Bond and the full amount of the Contract Price for a Labor and Material Payment Bond. Such bonds shall become binding upon the award of the Contact to the Contractor. Such bonds shall be conditioned on the faithful performance of the Work required by this project.
Surety companies providing the bonds noted above shall be listed on the current Federal Treasury List published annually in the FEDERAL REGISTER.
Worker’s Compensation. Contractor shall provide Certificates of Insurance showing statutory Worker’s Compensation coverage and showing Employer’s Liability coverage with minimum limits of $1,000,000. Owner need not be named as additional insured on the Employer’s Liability coverage or the Worker’s Compensation coverage. Owner must be given 30 days prior written notice of cancellation of either coverage.
Automobile. Contractor must provide Certificates of Insurance showing that it maintains Comprehensive Automobile Liability Insurance for all owned, non-owned and hired vehicles with single limits of at least $2,000,000 per occurrence. Such coverage must name Owner as a co-insured and Contractor shall provide a Certificate to the Owner showing such coverage and showing that such coverage will not be canceled by the insuring company without 30 days prior written notice to Owner.
General Liability. Contractor shall procure and maintain until the Work has been completed and accepted by the Owner, Commercial General Liability coverage with combined single limits of not less than $2,000,000 per occurrence. Contractor shall provide Certificates of Insurance which show broad form property damage coverage including, but not limited to, damage arising from blasting and collapse of structure. The Policy shall include Contractor’s Protective Liability Insurance and completed operations coverage. Coverage shall be extended to include Contractor, Subcontractor(s) and any independent contractors directly or indirectly employed by all of them. The General Liability policy shall be endorsed to include personal injury, libel, slander, and false arrest. All policies shall be written on an occurrence basis rather than claims made. Such coverage shall be provided by the Contractor either by separate policy for Contractor and for Owner, or by naming Owner as an Additional Named Insured. If coverage is obtained by naming Owner as an Additional Named Insured, the policy shall contain a Separation of Insured Clause and the Certificate shall so indicate. If the required coverage is obtained through a Commercial General Liability policy backed with Umbrella Coverage, the certificate for Umbrella Coverage shall show that Owner will be given 30 days prior written notice of cancellation.
Failure to file acceptable bonds and insurance declarations as specified herein with Owner by the date and time specified by Owner in the “Notice of Intent to Award Letter,” may be just cause for the refusal to award and forfeiture of the Contractor’s Bid Security to Owner as liquidated damages.
The Owner shall provide, as indicated on the drawings, the lands on which Work under this agreement is to be done, rights-of-way for access to same, and such other lands as are designated on the drawings for use by all parties performing work, or the inspection thereof, within the Work area.
The Contractor shall provide, at his sole expense and without liability to the Owner, any additional lands and access thereto that may be required for temporary construction facilities, and/or storage of materials.
The Contractor shall promptly, and before such conditions are disturbed, notify the Resident Engineer in writing of unknown physical conditions at the site, of an unusual nature differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided in the Construction Documents.
The Resident Engineer shall promptly investigate the conditions and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractor’s costs of, or time required for performance of, any part of the Work under the Contract Documents (whether or not changed as a result of such condition), an equitable adjustment shall be made and the agreement modified in writing accordingly.
No claim of the Contractor for differing site conditions shall be considered or allowed unless the Contractor shall have given notice as required herein.
No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this agreement.
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for execution and completion of the Work.
The Contractor shall pay each subcontractor for satisfactory performance of its contract no later than 20 calendar days from receipt of each payment the Contractor receives from ACHD. The Contractor shall return retainage to each subcontractor within 20 calendar days after receiving retainage. The Contractor shall certify with each “Request for Progress Payment” that payment to subcontractors has been made within the prescribed time frames. The certification will be made on forms provided by the ACHD and returned within 20 calendar days of receiving the estimate payment.
Unless otherwise specified, all materials incorporated in the permanent Work shall be new; both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish the Owner satisfactory evidence as to the kind and quality of materials used in said construction.
The Contractor shall at all times enforce strict discipline and good order among his employees, and shall seek to avoid employing on the job any unfit person or persons, or anyone not skilled in the work assigned to him. In the event any of the Contractor’s employees are found to be incompetent, unreliable, fail to perform in a workmanlike manner, or as instructed, or who shall commit trespass upon any public or private property in the vicinity of said Work, such employee shall be discharged by the Contractor immediately and shall not again be employed on said project.
It shall be the duty of the Contractor herein to prevent employees, agents, or Subcontractors of the Contractor, from performing work in a negligent manner. The Contractor agrees to indemnify, save and hold harmless Owner from any and all negligent acts, liability, loss, or damages caused by or arising out of the negligence of the Contractor’s employees, Subcontractors, officers, or agents.
The Contractor’s tools and equipment used on the Work shall be furnished in sufficient quantity and of a capacity and type that will safely perform the work specified, and shall be maintained and used in a manner that will not create a hazard to persons or property, or cause a delay in the progress of the work.
In all instances, after having submitted an electronically sealed proposal to ACHD via the eProcurement Portal, a Bidder may only modify their Proposal at any time prior to the scheduled closing date and time for the receipt of bids via the eProcurement Portal.
In all instances, Proposal modifications that are not submitted via the eProcurement Portal, or that contain irregularities that make the Proposal incomplete, indefinite, or ambiguous, will be rejected.
eProcurement Portal withdrawn prior to the scheduled time for the opening of proposals via the eProcurement Portal (by Bidder or authorized agent). No proposal may be withdrawn after the time scheduled for opening of proposals, unless the time specified in Item 15, Award of Contract, of these Instructions to Bidders shall have elapsed. Please note the only exception under Idaho Code 54-1904B and 54-1904C.
The Contractor shall observe and comply with all applicable local, city, county, state and federal laws, rules, ordinances and regulations in effect with respect to the obstruction and/or work upon streets, keeping open passageways and protecting same where they are exposed or would be dangerous to public travel during the entire period of Work.
No road shall be closed by the Contractor to the public except by written permission of the Resident Engineer or in accordance with contract provisions. The Contractor shall provide a minimum of 48-hours notice of any impending closure to either the owner or manager of a business that will be affected by any driveway closure. Traffic control devices shall be in accordance with the “Manual on Uniform Traffic Control Devices”, published by the US Department of Transportation, Federal Highway Administration, as adopted by the Idaho Department of Transportation, current edition, and all revisions and amendments thereto.
The Contractor shall have sole responsibility to provide, erect, and/or maintain any and all traffic control devices (such as signing, striping, barricades, barriers, lights, flares, danger signals, or flagging) necessary to effectively guard and protect the public from accidents, dangers or injury. The failure of the Resident Engineer to notify the Contractor to maintain traffic control devices shall not operate to relieve the Contractor from this liability.
All traffic control devices including signs, barricades, vertical panels, drums, warning lights, arrow boards, changeable message signs, cones and tubular markers that meet the requirements of American Traffic Safety Services Association (ATSSA), “Quality Standard for Work Zone Traffic Control Devices” (latest edition) shall be used on this project. Copies of the publication are available for the Contractor’s use prior to construction from ATSSA, 5440 Jefferson Davis Highway, Fredericksburg, VA 22407; telephone 703/898-5400 or FAX 703/898-5510. Compliance with these requirements will be considered incidental to the contract and no extra compensation will be allowed.
The Resident Engineer or his designated Project Inspector will be the judge in determining the acceptability of the condition and appearance of the traffic control and work zone devices. Devices determined to be unacceptable are to be immediately removed from the site and replaced with acceptable devices.
The Contractor shall continuously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect the Owner’s property from injury or loss arising out of, or in connection with, this agreement. The Contractor shall reimburse Owner for any and all damages or loss to the Work or to the property of the Owner resulting from lack of reasonable protective precautions or negligence of Contractor, except as may be due to error in the Contract Documents or caused by agents or employees of the Owner.
The Contractor shall protect the Work and materials from damage due to the nature of the work, the elements, carelessness of other contractors, or from any cause whatever until the completion and acceptance of the Work. Unless otherwise provided, all loss or damage arising out of the nature of the Work to be done under the Contract Documents from any unforeseen obstructions or defects which may be encountered in the prosecution of the Work or from the action of the elements, shall be sustained by the Contractor.
The Contractor shall at all times safely guard the Owner’s property from injury or loss in connection with the Work. The Contractor shall at all times safely guard and protect from damage its own work, and that of adjacent property, as provided by law or the Contract Documents. All passageways, guard fences, lights, and other facilities required for protection by state or municipal laws, regulations and local conditions, must be provided for and maintained.
In an emergency affecting the safety of life or property, the Contractor is hereby permitted to act at his discretion to prevent such threatening loss or injury. Any compensation claimed by the Contractor as a result of said emergency shall be determined pursuant to the terms of the Contract Documents.
All loads of gravel, sand, dirt, landscape bark and other loose material hauled upon the public roadways within Ada County by the contractor or any of its subcontractors, shall be covered and properly secured so as to prevent the load from dropping, sifting, leaking, or otherwise escaping from the vehicle or becoming loose, detached, or in any manner a hazard to other uses of the public roadway. Each violation of this requirement shall be subject to liquidated damages in an amount not less than $500.00 and not more than $1,000.00 as determined by the ACHD Director, and such liquidated damages shall be cumulative and in addition to any other liquidated damages that might be imposed upon the contractor.
Where work performed by the Contractor could cause damage or inconvenience to railway, telegraph, telephone, television, power, oil, gas, water, sewer, irrigation systems or services or utilities of a similar nature, work shall be suspended until all arrangements necessary for the protection of these utilities and services have been made by the contractor at no additional cost to the Owner. (Contact Dig Line for line locations.)
Contractor shall notify all utility and other similar companies that may be affected by the construction operations at least two (2) working days in advance of such operation. Under no circumstances shall Contractor expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, Contractor shall locate, expose, and provide temporary support for all existing underground utilities.
Power poles and telephone poles within the right-of-way shall be protected at no cost to the Owner. If interfering power poles, telephone poles, guy wires, or anchors are encountered, Contractor shall notify the Resident Engineer and the appropriate utility company at least two (2) working days in advance of construction operations to permit the necessary arrangements for protection or relocation of the interfering structure.
The Contractor shall be solely and directly responsible to the operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage that may result from the construction operations under this contract, and shall indemnify the Owner from any loss therefrom.
If the Contractor, while performing construction operations, discovers utility facilities not identified by the Owner in the contract drawings or specifications, he shall immediately notify the Resident Engineer and the utility in writing.
During installation of ACHD storm water facilities, the Contractor will ensure that the State-required separations from known water supply pipelines are achieved. At known crossings, the Contractor will over excavate an additional 18 inches to check that separation will be achieved. Under no circumstances shall the Contractor alter any utility infrastructure (excluding adjustments to grade for paving), turn any water main valves, or affect sanitary sewer flows without written approval from the utility. Only a certified water operator working for the utility may turn water valves.
Within 15-calendar days after award of the contract, the ACHD will return Bid Securities, other than bid bonds, to all Bidders whose proposals are not to be further considered in awarding the contract. The Bid Security, other than bid bond, of the Successful Bidder shall be retained until the contract has been fully executed and the Successful Bidder has furnished all required contract security and met all other conditions of the Notice of Award. Any guarantees which have been forfeited shall be retained.
Contractor shall cooperate in the coordination of the separate activities in a manner that will provide the least interference with the Owner’s operation, other contractors, and utility companies working in the area, and in the interfacing and connection of the separate elements of the overall project Work.
If any difficulty or dispute should arise in the accomplishment of the above, the problem shall be brought immediately to the attention of the Resident Engineer for resolution.
All contractors working on the site are subject to this requirement for cooperation, and all shall abide by the Resident Engineer’s decision in resolving project coordination problems without additional cost to the Owner. Wherever work being done by the Owner’s employees, or any other contractor is contiguous to Work covered by these Contract Documents, the respective rights of the various interests involved shall be established by the Resident Engineer to secure the completion of the various portions of the work in general harmony.
The Contractor shall be solely and completely responsible for safety conditions at the job site, including safety of all persons (including employees) and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours.
Safety provisions shall conform to U.S. Department of Labor (OSHA), the State Occupational Safety and Health Act, and all other applicable federal, state, county and local laws, ordinance, codes, those requirements set forth below and any regulations that may be detailed in other parts of these Contract Documents. When any of these requirements are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly familiarize himself with all safety requirements shall not relieve him from compliance with the obligations and penalties set forth herein.
The Contractor shall develop and maintain for the duration of the Work, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program.
The duty of the Resident Engineer to conduct construction reviews of the Contractor’s work is not intended to include a review or approval of the adequacy of the Contractor’s safety supervisor, the safety program, or any safety measures taken in, on, or near the construction site.
The Contractor, as part of his safety program, shall maintain at the job site, safety equipment applicable to the work prescribed by the aforementioned authorities, all articles necessary for giving first-aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor’s care of persons (including employees) who may be injured on the job site.
Contractor shall designate a qualified and experienced safety representative at the Work site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.
If death or serious injuries or damages are caused, the accident shall be reported immediately by telephone or messenger to the Owner. In addition, the Contractor must promptly report in writing to the Owner all accidents whatsoever arising out of or in connection with the performance of the Work (whether on or adjacent to the site) giving full details and statements of witnesses.
If a claim is made by anyone against the Contractor, or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Owner, giving full details of the claim.
Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or devise is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. To the fullest extent permitted by laws and regulations, Contractor shall indemnify and hold harmless Owner, Resident Engineer, Owner’s Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement or patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.
Contractor shall pay all applicable sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the law and regulations of the State of Idaho and federal government during the performance of the Work.
In the event of the Contractor’s default on the payment of taxes, excises, and license fees as set forth in Idaho Code 63-1503 (as amended), the Owner shall have the authority to withhold from any payment due Contractor under these Contract Documents, the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing authorities to which Contractor is liable. In compliance with Idaho Code 63-1504 (as amended), the Contractor shall submit a completed Final Billing Certification affidavit with its final construction payment request certifying that it has paid all taxes, excises, and license fees due to the state and its taxing units, due and payable during the term of the contract for such construction, and that it has secured all such taxes, excises, and license fees liability for the payment of which has accrued during the term of such contract, notwithstanding they may not yet be due or payable. The Owner shall submit to the Idaho Tax Commission a Request for Tax Release form and ACHD’s receipt of a Public Works Contract Tax Release issued by the Idaho Tax Commission, and the Contractor’s Final Billing Certification affidavit shall each be conditions precedent to final payment.
The Contractor agrees to comply with all federal, states, county and city laws, rules, ordinances or regulations as well as all currently adopted specifications of Ada County Highway District for highway construction in effect at the time the contract is awarded, except where otherwise noted in the Contract Documents.
Constructor shall comply with the provisions of Chapter 10, Title 44, Idaho Code, relating to the employment of residents of the State of Idaho.
“Contractor shall comply with the provisions of Idaho Code Title 44, Chapter 10, relating to the employment of residents of the State of Idaho. This citation requires in all state, county, municipal, and school construction, repair, and maintenance work under any of the laws of this state the contractor or person in charge thereof must employ ninety-five percent (95%) bona fide Idaho residents as employees on any such contracts except where under such contracts fifty (50) or less persons are employed the contractor may employ ten percent (10%) non-residents, provided however, in all cases such employers must give preference to the employment of bona fide Idaho residents in the performance of such work; provided, that in work involving the expenditure of federal aid funds this act shall not be enforced in such a manner as to conflict with or be contrary to the federal statutes prescribing a labor preference to honorably discharged soldiers, sailors, and marines, prohibiting as unlawful any other preference or discrimination among the citizens of the United States.”
Contractor shall waive all notices and comply with all laws, rules, ordinances and regulations applicable to the performance of the Work unless expressly exempt by applicable laws, rules ordinances and regulations. Owner shall not be responsible for monitoring Contractor’s compliance.
If Contractor performs any work knowing or having reason to know that it is contrary to any laws, rules, ordinances or regulations, Contractor shall bear all claims, costs, losses, and damages (including, but not limited to all fees, fines, and charges of engineers, attorneys or other professionals as well as all costs of any action, administrative, judicial or other) relating to the violation of such laws, rules, ordinances or regulations.
DISCRIMINATION PROHIBITED. Notwithstanding the foregoing; in performing this agreement, contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, genetic information, national origin, age or non-job related handicap, or because of prior military service or current military status, and shall comply with all applicable federal and state laws and regulations and executive orders of governmental agencies relating to civil and human rights.
CERTIFICATION OF ANTI-BOYCOTT AGAINST ISRAEL. Contractor certifies in compliance with Idaho Code § 67-2346, the “Anti-Boycott Against Israel Act” (the “Act”), that it is a “company” not currently engaged in, and will not for the duration of this Contract, engage in a “boycott” of goods or services from the “state of Israel” or “territories under its control” as those terms are defined in the Act.
GOVERNMENT OF CHINA PROHIBITION CERTIFICATION. CONSULTANT/VENDOR/ CONTRACTOR certifies in compliance with Idaho Code § 67-2359, prohibiting public entities in Idaho from entering into contracts with companies owned or operated by the “government of China”, that it is a “company” not currently owned or operated by the “government of China” and that it will not for the duration of this Contract, be owned or operated by the “government of China” as those terms are defined in Idaho Code § 67-2359.
SPECIFIED INDIVIDUAL OR COMPANY BOYCOTT PROHIBITION CERTIFICATION. certifies in compliance with Idaho Code § 67-2347A, that it is a “company” not currently engaged in and will not for the duration of this Contract engage in, a “boycott”, as those terms are defined in Idaho Code § 67-2347A, of those certain individuals or companies described in Idaho Code § 67-2347A.
All required shop drawings, machinery details, layout drawings, etc., shall be submitted in four copies to the Resident Engineer for review and approval. Submission shall be sufficiently in advance of construction requirements to afford ample time for checking, including time for correcting, resubmitting, and rechecking, if necessary. Each item submitted for review and approval shall be identified by its appropriate bid item number.
The Contractor shall review and approve all drawings prior to submittal to the Resident Engineer. The approval shall bear a stamp or specific written indication that Contractor has satisfied Contractor’s obligations under the Contract Documents. Any drawings submitted without the Contractor’s approval will not be considered and will be returned to him for proper re-submission. Before submitting each drawing, the Contractor shall have determined and verified:
all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;
all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work;
all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and
Contractor shall have reviewed and coordinated each shop drawing with other shop drawings and with the requirements of the Work and the Contract Documents.
If any drawings show variations from the requirements of the Contract Documents because of standard shop practice or other reason, the Contractor shall make specific mention of such variations in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of Contract Price and/or Contract Time; otherwise, the Contractor will not be relieved of the responsibility for executing the Work in accordance with the Contract Documents even though drawings with variations may have been approved.
Such review and comment by the Resident Engineer is only for general conformance with the information given in the Contract Documents and does not relieve the contractor of responsibility of correctness of the details and dimensions, nor does it waive any requirements of the specifications.
The apparent low-cost responsive Bidder shall provide to ACHD evidence of the following insurances in the amounts stated:
Type Limits
Workman’s Compensation Statutory
Employer’s Liability $1,000,000
Commercial General Liability $2,000,000
Automobile $2,000,000
In addition to any other warranties contained in the Contract Documents, the Contractor warrants, except as provided in paragraph (i) of this section, that Work conforms to the Contract Documents and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any Subcontractor or supplier at any tier.
This warranty shall continue for a period of two (2) years from the date of Construction Completion of the Work. If the Owner takes possession of any part of the Work before Construction Completion, this warranty shall continue for a period of two (2) years from the date the Owner takes possession.
The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damages to Owner-owned or controlled real or personal property, when that damage is the result of:
Contractor’s failure to conform to contract requirements; or
Any defect of equipment, material, workmanship, or design furnished.
The Contractor shall restore any work damaged in fulfilling the terms and conditions of this section. The Contractor’s warranty with respect to work repaired or replaced will be two (2) years from the date of repair or replacement.
The Resident Engineer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect or damage.
If the Contractor fails to remedy any failure, defect or damage within a reasonable time after receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.
With respect to all warranties, expressed or implied, from Subcontractors, manufacturers, or suppliers for work performed and materials furnished under the Contract Documents, the Contractor shall:
Obtain all warranties that would be given in normal commercial practice;
Require all warranties to be executed in writing, for the benefit of the Owner, if directed by the Resident Engineer; and
Enforce all warranties for the benefit of the Owner, if directed by the Resident Engineer.
In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Owner may bring suit at its expense to enforce a Subcontractor’s, manufacturer’s or supplier’s warranty.
This warranty provision shall not limit the Owner’s rights with respect to latent defects, gross mistakes or fraud.
The apparent low cost responsive Bidder who has received the “Notice of Intent to Award Letter,” and who fails to execute the contract and furnish the executed contract, Contract Certification, required performance bond, payment bond and insurance declarations, by the date and time specified by ACHD in the “Notice of Intent to Award Letter,” may forfeit the Bid Security that accompanied the bid submitted; the Bid Security may be retained, as liquidated damages, by ACHD and it is agreed that this sum is a fair estimate of the amount of damages ACHD will sustain in case the Bidder fails to enter into a contract and furnish the performance bond, payment bond, and insurance certificates as hereinbefore provided. Bid Security deposited in the form of a certified check, or cashier's check shall be subject to the same requirements as a bid bond.
No material, supplies, or equipment to be installed or furnished under the Contract Documents shall be purchased, subject to any chattel mortgage or under a conditional sale, lease purchase, or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier.
The Contractor shall warrant good title to all materials, supplies, or equipment installed or incorporated in the Work and upon completion of all construction work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to Owner free from claims, liens, or charges. Neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the Contractor for their protection or any rights under any law permitting such persons to look to funds due the Contractor in the possession of Owner. The provisions of this requirement shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials.
Title to property shall be passed to the Owner upon payment unless otherwise agreed to by the Owner and Contractor.
More than one proposal submitted pursuant to an ITB from an individual, firm, partnership or corporation under the same or different names will not be considered. Evidence of collusion between Bidders will be sufficient cause for rejection of bids so submitted.
A certificate of compliance shall be furnished for materials specified to a recognized standard or code prior to use of any such materials in the Work. The Resident Engineer may permit the use of certain materials or assemblies prior to sampling and testing, if accompanied by a certificate of compliance.
The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A certificate of compliance shall be furnished with each lot of material delivered and the lot so certified shall be clearly identified in the certificate.
All materials used on the basis of a certificate of compliance may be sampled and tested at any time. The fact that material is used on the basis of certificate of compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not.
The Resident Engineer reserves the right to refuse permission for use of material on the basis of a certificate of compliance.
The form of the certificate of compliance and its disposition shall be as directed by the Resident Engineer.
The time of completion of the Work to be performed under this contract is of the essence. Delays and extensions of time may be allowed in accordance with the provisions stated in the General Conditions. The time allowed for the completion of the Work or for Substantial Completion is stated in the Contract Agreement.
To the fullest extent permitted by laws and regulations, Contractor shall indemnify and hold harmless Owner, its commission, employees and consultants, from and against all claims, costs, losses, and damages (including, but not limited to all fees and charges of engineers, architects, attorneys and other professional and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss or damage:
is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom; and
is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of any individual or entity hereunder or whether liability is imposed upon such indemnified party by laws and regulations regardless of the negligence of any such individual or entity.
In any and all claims against Owner, its commission, employees and consultants, by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph (a) shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any such Subcontractor, supplier, or other individual or entity under worker’s compensation acts, disability benefits acts, or other employee benefit acts.
This indemnification and hold harmless obligation of Contractor shall survive the expiration or termination of this Contract for as long as any applicable statute of limitations provided in Idaho laws. For purposes of this indemnification and hold harmless obligation, the applicable statute of limitations shall not begin to accrue until the Contractor’s warranty period of for the Work has expired.
All bid proposals submitted that fail to meet the following criteria shall be deemed void and non-responsive:
Contractor shall give Resident Engineer timely notice, but no less than one working day of readiness of the work for all required inspections, tests or approvals and shall cooperate with inspection and testing personnel to facilitate required inspection or tests.
If laws or regulations of any public body having jurisdiction require any work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Resident Engineer the required certificates of inspection or approval.
If any work (or the work of another) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Resident Engineer, it must, if requested by Resident Engineer, be uncovered for observation. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of re-inspection and replacement. If such work is not in accordance with the Contract Documents, the Contractor shall pay all costs.
Informalities and irregularities may be waived by the ACHD Director following notification by ACHD Procurement and Contracting and upon the Director’s findings that: (1) the subject bid amount is lower than the ACHD estimate; (2) the informality and irregularity has no substantive impact on any substantial or material requirements of the project; (3) waiver of the informality and irregularity will not create an advantage for the subject Bidder; and (4) the informality and irregularity can be corrected by the subject Bidder within 48 hours of the waiver being granted by the ACHD Director. In all other circumstances, waiver of informalities and irregularities can only be considered by the ACHD Commission as part of the bid award process and at the request of the affected Bidder. If not waived, these informalities and irregularities shall result in a bid proposal being deemed void and non-responsive.
Based upon the foregoing, the informalities and irregularities that may be waived include, but are not limited to, the following:
Without invalidating the Contract Documents, and without notice to any surety, the Resident Engineer may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the work to be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).
If Resident Engineer and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Time, or both that should be allowed as a result of a Written Amendment, a Change Order or a Work Change Directive, the Change will be governed by either Extra, Altered and Force Account Work provision or payment based upon Bid Schedule unit prices.
Contractor shall not be entitled to an increase in Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified or supplemented except in the case of any emergency affecting the safety or protection of persons or the Work or property at the site or adjacent thereto and the Contractor gives the Resident Engineer prompt written notice.
Resident Engineer and Contractor shall execute appropriate Change Orders covering:
changes in the Work which are: (i) ordered by the Resident Engineer; (ii) required because of acceptance of defective work or Resident Engineer’s correction of defective work; or (iii) agreed to by the parties;
changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for work actually performed in accordance with a Change Order or Work Change Directive; and
changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by Resident Engineer pursuant to the Claims and Disputes provision; provided that the Contractor may appeal any written decision by the Resident Engineer in accordance with this provision, but during any such appeal, Contractor shall carry on the Work and adhere to the schedule as provided in section 7(c) of these General Conditions.
If notice of any change affecting the general scope of the Work or a provision of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provision of any bond to be given to a surety, the giving of any such notice shall be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change
Force Majeure: If Contractor is prevented from performing any of its obligations under the Contract Documents by reason of fire, flood, windstorm, earthquake, other Acts of God, civil disturbance, riots, order of any court or administrative body (not due to the fault of Contractor), or any other cause beyond the control of Contractor and without the fault on the part of Contractor, the time allotted by the Contract Documents for performance of the obligations that are so prevented shall be extended one day for each day of delay. Contractor shall make no claim for extension of Contract Time pursuant to this paragraph unless it notifies the Resident Engineer, in writing, of the existence of any delay excused herein within 24 hours after the beginning of such force majeure and of the termination of such period of delay within 24 hours after its termination.
Normal Weather Conditions: There shall be no extension of time granted to Contractor for delay due to normal weather conditions. Normal weather conditions shall be considered based upon historical weather patterns as established by recognized weather service bureaus. Normal weather patterns include such seasonal variations (including but not limited to windstorms) as might be reasonably expected by the Contractor to occur from year to year. Only delays resulting from weather conditions substantial (more adverse than seasonal averages that might be anticipated based upon historical data) shall be considered for a time extension.
Delay Caused by Owner or Others, No-Damage-for Delay: Should Contractor’s progress be interfered with or the completion of the Work be prevented through failure of Owner to provide required services, or for any reason attributable to Owner, its agents, or others, including but not limited to utilities, then in that event, Contractor will be entitled to an extension of time, day for day, with which to complete the Work. This is a NO-DAMAGE-FOR-DELAY-CONTRACT, and Contractor’s only remedy for delay shall be an extension of time as provided herein.
Time and Evidence Required for Claim Submission: Claims for extension of time pursuant to (b) and (c) shall be made in writing to the Resident Engineer no more than ten (10) days after the occurrence of the delay; otherwise they shall be waived. In the case of a continuing cause for delay, only one claim is necessary.
Accompanying the claim shall be a narrative setting forth the category that the Contractor is basing the claim (a-c) on as well as the specific damages that the Contractor suffered as a result of the delay.
The Contractor shall provide an updated schedule in the manner set forth in section 7(c) including narratives explaining any modifications or changes to the Resident Engineer simultaneously with the Contractor’s “Request for Progress Payment”. Failure to provide updated schedule will delay payment as provided for in section 34.
If the Owner or his agent reserves the sole right to select equipment to be installed, the Contractor shall be responsible only for its installation according to the plans, specifications and manufacturer’s requirements, and shall not be held liable for its operating performance.
The estimate of quantities listed in the Bid Proposal are approximate only and the Owner shall have the right to increase or decrease the quantities of contract items.
Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of such pay item varies by more than 15% above or below the estimated quantity stated in the contract, an equitable adjustment in the contract price shall be made upon demand of either party to the contract. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variations above 115% or below 85% of the estimated quantity. When the total pay quantity of an item of work is less than 85 percent of the contract bid quantity, payment for the work will in no case exceed the payment that would have been made for performance of 85% of the bid item quantity at the contract unit price. Detailed pricing information shall be provided for all negotiated pricing adjustments.
If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of Contract Time, to be received by the Resident Engineer within ten (10) days from the beginning of the delay, or within such further period by the Resident Engineer before the date of final settlement. Upon the receipt of a written request for an extension, the Resident Engineer shall ascertain the facts and make an adjustment for extending the completion date if warranted, in the judgment of the Resident Engineer.
Prompt notice of all defective work of which Resident Engineer has actual knowledge will be given to Contractor. All defective work may be rejected, corrected, or accepted as provided in this provision.
If the work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the work in such a way that the completed Work will conform to the Contract Documents, Resident Engineer may order Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however this right of Resident Engineer to stop the work shall not give rise to any duty on the part of the Resident Engineer to exercise this right for the benefit of the Contractor, any Subcontractor, any supplier, any other individual or entity, or any surety for, or employee or agent of any of them.
A Contractor shall correct all defective work, whether or not fabricated, installed, or completed, or if the work has been rejected by the Resident Engineer, remove it and replace it with work that is not defective and is consistent with Contract Documents. Contractor shall pay all claims, all fees and charges of engineers, attorneys, architects, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal including, but not limited to all costs of repair or replacement of work of others.
Correction Period.
If within two (2) years after the date of Construction Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any work is found to be defective, whether latent or patent, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by laws or regulations is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Resident Engineer’s written instructions: (i) repair such defective land or areas or (ii) correct such defective work or, if the defective work has been rejected by Resident Engineer, remove from the project and replace it with work that is not defective and conforms with the Contract Documents, and (iii) satisfactorily correct or repair or remove and replace any damage to the work of others or other land or areas resulting therefrom. If Contractor does not promptly comply with the terms of such instructions or in an emergency where delay would cause serious risk of loss or damage, Resident Engineer may have the defective work removed and replaced. All claims, all fees and charges of engineers, attorneys, architects, and other professionals and all court or arbitration or other dispute resolution costs arising out of or relating to such correction or removal including, but not limited to, all costs of repaid or replacement of work of others will be paid by Contractor.
In special circumstances where a particular completed portion of Work is placed in use as provided by section 40(e), the correction period for that completed portion may start at an earlier date if so provided in the Specifications or by Written Amendment.
Where defective work (and damage to other work resulting therefrom) has been corrected or removed and replaced under this section, the correction period with respect to such work will be extended for an additional period of two (2) years after such correction or removal and replacement has been satisfactorily completed.
Contractor’s obligations under this section are in additional to any other obligation or warranty. This section shall not be construed as a substitute for or a waiver of the provisions any applicable statute of limitation or repose.
Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of defective work, Resident Engineer prefers to accept, the Resident Engineer may do so. Contractor shall pay all claims, all fees and charges of engineers, attorneys, architects, and other professionals and all court or arbitration or other dispute resolution costs attributable to Resident Engineer’s evaluation of and determination to accept such defective work and the diminished value of the work. If any such acceptance occurs prior to the Resident Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and Owner shall be entitled to an appropriate decrease in Contract Price reflecting the diminished value of Work accepted. If such acceptance occurs after final payment, Contractor will pay to the Owner the difference between the value of the non-defective Work and the defective Work.
Correction of Defective Work by Owner.
If Contractor fails within a reasonable time after written notice from Resident Engineer to correct defective work or to remove and replace rejected work as required by Resident Engineer, or if Contractor fails to perform the work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Resident Engineer may, after seven (7) calendar days notice to Contractor, correct and remedy any such deficiency.
In exercising the rights and remedies under this subsection, Resident Engineer shall proceed expeditiously. In connection with such corrective and remedial action, Resident Engineer may exclude Contractor from all or part of the site, take possession of all or part of the work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the site and incorporate in the work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Resident Engineer, other contractors and consultants access to the site to enable Owner/Resident Engineer to exercise the rights and remedies under this subsection.
All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, attorneys, architects, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this section will be charged against the Contractor. A Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor’s defective work.
Contractor shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in the performance of the Work attributable to the exercise by the Owner/Resident Engineer of the rights and remedies under this subsection.
Contractor guarantees the completion date stated in the Contract Agreement including any extension granted thereto. Failure to complete the Work shall entitle the Owner to deduct from the monies due to the Contractor as liquidated damages.
It is agreed that the actual damages and loss which Owner would incur as a result of Contractor’s default in its obligation to complete the Work by such firm completion date would be impracticable and extremely difficult to determine. It is therefore agreed that in the event of such delay or default, Contractor shall pay Owner the amount stated in the Contract Documents per calendar day as liquidated damages and not as a penalty, for each calendar day, until the actual date of completion of the Work. Contractor agrees that all sums payable by Contractor to Owner as liquidated damages pursuant to this section may be deducted by Owner from the Contract Price to be paid to Contractor for the Work. It is further agreed that this section shall not constitute a waiver of any rights of Owner to damages or other remedies of Owner under the Contract Documents or otherwise for Contractor’s improper performance or default in performance, including delay or failure of Contractor to complete the Work.
a. The Contract may be terminated in whole or in part by the Owner in accordance with this section, whenever the Owner shall determine that such termination is in its best interest. Termination shall be effected by delivery to the Contractor of a written notice of termination specifying the extent to which the contract is terminated and the date upon which such termination becomes effective.
b. After receipt of a written notice of termination, and except as other directed by the Resident Engineer, the Contractor shall:
1) Stop work on the date and to the extent specified in the Notice of Termination;
2) Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the Work not terminated;
3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination;
4) Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts with the approval of the Resident Engineer;
5) Transfer title and deliver to the Owner, in the manner, at the times, and to the extent, if any, directed by the Resident Engineer, the fabricated or unfabricated parts, work in process, completed and accepted work, supplies, and other materials produced as a part of, or acquired in connection with the performance of the Work terminated by the notice of termination; and the completed or partially completed plans, drawings, information, and other property not previously furnished by the Owner and which, if the Work had been completed, would have been required to be furnished to the Owner;
6) Complete performance of such part of the work not terminated by the notice of termination; and
7) Take such action as may be necessary, or as the Resident Engineer may direct, for the protection and preservation of property which is in the possession of the Contractor and in which the Owner has or may acquire an interest.
c. At any time, but no later than submittal of the Contractor’s termination claim (d), the Contractor may submit to the Resident Engineer a list, certified as to quantity and quality, of any or all remaining items in possession of the Contractor, ordered by the Contractor to use in this Work and now no longer useful due to Notice of Termination. The Contractor may request the Resident Engineer to remove such items or enter into a storage agreement covering them. No later than fifteen (15) days thereafter, the Resident Engineer will accept title to such items and remove them or enter into a storage agreement with Contractor, provided that the list submitted to the Resident Engineer shall be subject to verification. Within forty-five (45) days from the date of submission of the certified list, any necessary adjustment to correct the list shall be made prior to final settlement.
d. After receipt of a notice of termination, the Contractor shall submit to the Resident Engineer its termination claim certified pursuant to General Condition section 37(6). Such claim such be submitted promptly, but no later than ninety (90) days from date upon which such termination becomes effective, unless an extension is requested by the Contractor and is granted upon good cause by the Resident Engineer in writing. If the Contractor fails to submit the termination claim within the time allowed and any extensions granted, the Resident Engineer may determine, on the basis of information available to the Resident Engineer, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined.
e. Subject to the provisions of paragraph (d), the Contractor and the Resident Engineer may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this section. Such amount or amounts may include an allowance for profit on work done equal to that provided in “Extra, Altered or Force Account Work” section, provided, that such agreed amount or amounts, exclusive of settlement costs, shall not exceed: (1) the total Contract Price as reduced by the amount of payments previously made and (2) the Contract Price of work not terminated. The Contract shall be by change order pursuant to General Provision 25, accordingly, and Contractor shall be paid the agreed amount. Nothing in paragraph (f) of this section shall be deemed to limit, restrict or affect the amount or amounts which may be agreed upon to be paid to the Contractor by the Owner in this paragraph (e).
f. In the event Contractor and the Resident Engineer fail to agree, as to the total amount to be paid to Contractor by reason of the termination, the Owner shall pay to Contactor the amounts determined as follows, without duplication of any amounts agreed upon paragraph in (e):
1) With respect to Contract Work performed prior to the date upon which termination becomes effective, the total (without duplication of any items) of:
i) the cost of such completed and accepted work;
ii) the cost of settling and paying claims arising out of the termination under the subcontracts or orders as provided in (b)(4) above, exclusive of the amounts paid or payable on account of supplies or materials delivered or services furnished by the subcontractor prior to the effective date of the notice of termination of work under these Contract Documents, which amounts shall be included in the cost on account of which payment is made under (i) above; and
iii) a combined sum for overhead and profit on work performed equal to that provided in “Extra, Altered or Force Account Work”, General Provision 46; provided, that if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subparagraph and appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and
2) The reasonable cost of the preservation and protection of property incurred under (b)(7); and any other reasonable cost incidental to the termination, including accounting, legal, clerical and other expenses reasonably necessary to the determination of the amount due the Contractor as the result of the termination.
The total sum to be paid to Contractor under (1) above shall not exceed (1) the total Contract Price as reduced by the amount of payments previously made and (2) the Contract Price of work not terminated. Except for normal spoilage, and except to the extent that the Owner shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor under (1) above, the fair market value, as determined by the Resident Engineer, of property which is destroyed, lost, stolen, or damaged so as to become undeliverable to the Owner.
g. The Contractor shall have the right of appeal, as provided in General Provision 37 from any decision or determination by the Resident Engineer under this section.
h. In arriving at the amount due Contractor under this section there shall be deducted: all unliquidated advances or other payments on account theretofore made to the Contractor, applicable to the terminated portion of these Contract Documents; and any claim which the Owner have against the Contractor in connection with these Contract Documents.
i. If the termination is partial, the contractor may file a proposal with the Resident Engineer for equitable adjustment of the price(s) of the continued portion of the Work pursuant to General Condition section 37 within ninety (90) days from the notice of partial termination/suspension unless extended in writing by the Resident Engineer.
j. Limitation of Liability. Notwithstanding anything to the contrary contained herein, Contractor hereby waives any form of consequential or indirect damages. Such prohibited damages include, but are not limited to, lost profits; home office overhead, or any form of overhead not directly incurred at the project site; wage or salary increases; ripple or delayed damages; loss of productivity; increased cost of funds for the project; extended capital costs; loss opportunity to work on other projects; inflation on costs of labor, material or equipment; non-availability of labor, material or equipment due to delays; increase of cost of bon-ding due to- delays; or any other indirect loss arising from the conduct of the parties.
If work should be stopped by an order of any court or other public authority for a period of 3-months or more, through no fault of the Contractor or of anyone employed by him, or if the Owner should fail to pay the Contractor within 45-calendar days any sum certified by the Resident Engineer, then the Contractor may upon 7-calendar days written notice to the Resident Engineer, stop work or terminate this Contract Agreement and recover from the Owner payment for all work acceptably completed through the date of termination.
The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect itself from loss on account of:
Defective work not remedied.
Claims filed, or reasonable evidence indicating public filing, of claims by other parties against the Contractor.
Failure of the Contractor to make payments properly to all Subcontractors, as required in General Condition 11, or for material or labor, or to certify such payments, as required in General Condition 11. Additional payments will not be made until the required certification forms have been submitted to ACHD, as required in General Condition 11.
Damage to another contractor or individual not remedied.
Work not completed.
The Contract Price that has been reduced by Written Amendment or Change Order.
Owner has been required to correct defective work.
Contractor’s persistent failure to perform the work in accordance with the Contract Documents (including, but no limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established in the Contract Documents).
Contractor’s disregard of laws, rules, ordinances or regulations of any public body having jurisdiction.
Contractor’s disregard of the authority of the Resident Engineer through his Project Inspector to include failure to consistently respond to Field Directives (AVOs) in a timely manner.
Failure to provide scheduling update simultaneous with “Request for Progress Payment”.
As the above grounds for withholding are removed, payment shall be made for amount withheld.
The Contractor shall not assign the Contract Agreement in whole or in part, without the express written consent of the Owner; nor shall the Contractor assign any monies due, or to become due to him hereunder, without the previous written consent of the Owner. Assigning the Agreement shall not relieve the Contractor or his surety from any contract obligation.
The Owner reserves the right to let other contracts or otherwise have work performed in connection with this Work. The Contractor shall afford other contractors reasonable opportunity for the execution of their work, and shall properly schedule and coordinate his work so as to minimize conflicts. Contractor shall cooperate and coordinate its work with other contractors employed by Owner in order to insure that the work of each shall be commenced and completed without delay
Under penalty of law for perjury or falsification, the undersigned,
_______________________________________________________
(Name)
_______________________________________________________
(Title)
_______________________________________________________
(Company)
hereby certifies that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the actual cost and/or time adjustment for which the Contractor believes the Ada County Highway District is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.
(Signature)_______________________________________
(Date)______________________
Subscribed and sworn before me this day of _____, 2024.
(Notary Seal)
(Notary Signature)_____________________________
Reside at: _____________________________________
My commission expires: ___
Failure of the Contractor, subcontractors, or lower tier subcontractors to maintain and retain sufficient records to allow the auditors to verify all or a portion of the claim or failure to permit the auditor access to the records of the Contractor, subcontractors, or lower tier subcontractors shall be grounds for denial of that portion of the claim.
The auditors shall have available to them the following documents pertaining to the claim:
All daily time sheets and contractor/subcontractor daily reports.
All union agreements.
All insurance records.
All payroll and employee benefits records.
All materials, equipment rental and subcontractor invoices and payment records.
All Contractor-owned equipment records.
All job cost reports.
All cash disbursement journals.
For claims seeking recovery of home office overhead, all financial statements for all years reflecting the operations on this contract and, if deemed appropriate, additional financial statements for three (3) years preceding execution of the contract. All other documents which support the amount of the claim.
All documents and computation sheets used in bidding the project to the extent the claim is based upon any portion of the original bid.
All scheduling documentation.
12. Failure of the Contractor, subcontractors, or lower tier subcontractors to provide all of the required General Information and Specific Documentation shall be grounds for denial of that portion of the claim;
13. If the District determines that the General Information and Specific Documentation (including Audit information, if applicable) provided does not support the claim or a portion thereof, the District shall have grounds to deny the portion of the claim that is not supported;
14. Failure of the Contractor, subcontractors, or lower tier subcontractors to maintain and retain sufficient records to allow the auditors to verify all or a portion of the claim or failure to permit the auditor access to the records of the Contractor, subcontractors, or lower tier subcontractors shall be grounds for denial of that portion of the claim.
Managing Engineer Decision/Further Review, Arbitration or Litigation. The Managing Engineer shall issue a written decision on the claim within thirty (30) days, or such other period as the parties agree, after full documentation of the claim is submitted. Failure of the Managing Engineer to issue a decision within such time shall be deemed a denial of the claim. In the event the Contractor does not accept the decision of the Managing Engineer or denial of the claim by reason of failing to issue a decision, the Contractor may request the Director to review the claim. If the Director fails to issue a written decision on the claim within thirty (30) days (or such other period as the parties agree) after receiving the Contractor’s request or upholds the decision of the Managing Engineer, the parties may, by written agreement, submit the matter to mediation or binding arbitration in accordance with procedures set forth in such agreement. In the absence of a resolution of the claim or an agreement to arbitrate, either party may pursue its remedies in court.
The Contractor warrants that no individual, firm, partnership, or corporation has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fees, excepting bona fide employees of the Contractor or bona fide firms owned by the Contractor established for the purpose of securing business. For breach of this warranty Owner shall have the right to annul this agreement without liability, or in its discretion, to deduct from the Contract Price or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee.
The Owner may by written notice to the Contractor terminate the right of the Contractor to proceed, if it is found after notice and hearing by the Owner or its duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor or by any agent or representative of the Contractor to any officer or employee of the Owner with a view toward securing a contract, or the making of any determination with respect to the performance of such contract.
At all times during construction of the Work, Contractor shall keep the premises clean and orderly, and upon completion of the Work shall repair all damages caused by him and leave the area free of rubbish or excess materials of any kind.
Contractor shall stockpile excavated materials in a manner that will cause the least damage to adjacent lawns, grassed areas, gardens, shrubbery, or fences, regardless of whether these are on private property, or on State of Idaho or Owner’s rights-of-way. Contractor shall remove all excavated materials from grassed and planted areas; leave these surfaces in a condition equivalent to their original condition, and replace topsoil areas with topsoil, raked and graded to conform to original contours.
Upon completion of operations, Contractor shall hand-rake and drag all former grassed and planted areas, leaving all disturbed areas free from rocks, gravel, clay or any other foreign material and ready, in all respects for seeding. The finished surface shall conform to the original surface, and shall be free-draining and free from holes, ruts, rough spots, or other surface features detrimental to a seeded area.
All existing drainage and irrigation facilities shall be cleaned and graded and natural drainage restored. Facilities broken or damaged shall be restored to their original condition and location.
Work shall begin and be completed as provided in the Contract Agreement. Once begun, the Contractor shall diligently continue operations to bring the Work to completion without interruption or delay.
Except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Regular working hours shall be 7am to 7pm, Monday through Friday. Contractor shall not perform work at Site outside of the regular working hours or on the following listed holiday’s without Owner’s prior written consent. Such requests shall be submitted a minimum of 48 hours prior to the proposed period of extra working hours. Holidays are New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, the day before Christmas, and Christmas Day. When any of these holidays occur on a Sunday, the following Monday shall be the nonworking day. When the holiday falls on a Saturday, the preceding Friday shall be the nonworking day.
Pay Period. Pay periods under this contract are from the first day of the month through the last day of the month.
The Contractor shall be responsible to certify a “Request for Progress Payment” on or before the 25th day of each month. The “Request for Progress Payment” shall include an affirmation that there is no basis to withhold payment based upon section 34. The “Request for Progress Payment” shall be reviewed by the Resident Engineer and if the Resident Engineer concurs, a Certificate of Payment will be issued. If there is any disagreement to the correctness or the failure to currently meet all requirements contained in section 34, a meeting shall be held between the Resident Engineer or his representative and the Contractor. Failure to reach agreement by the third working day of the following month may result in a 30-day delay in payment.
All items shown or noted on the plans and in the Contract Documents that are not specifically identified as bid items are considered incidental items. The cost of furnishing and installing all incidental items will not be paid for separately, but shall be included in the contract unit or lump sum prices for other items.
Separate estimates of work completed shall be required for each Bid Schedule called for in the contract each month work is performed.
Retainage. Owner shall retain 5% of all partial payments until final inspection and acceptance of Work has been completed. All retainage minus any and all monies due and owing by the Contractor to the Owner will be paid as a part of the final payment. No interest will be paid on retainage.
Final Payment.Within 60-calendar days after the completion and issuance of Final Acceptance of Work, the Owner shall pay the Contractor the full amount of the Contract Price, less all partial payments previously made, any monies due under General Condition 42 and any further monies due to the Owner.
Pursuant to Idaho Code section 63-1503 (as amended), the Contractor, in consideration of securing the business of erecting or constructing public works in this state, recognizing that the business in which he is engaged is of a transitory character, and that in the pursuit thereof, his property used therein may be without the state when taxes, excises, or license fees to which he is liable become payable, agrees:
For the purposes of determining equitable adjustments in the Contract Price as a result of proposed or actual additions to, deletions from or changes in the performance of Work under the Contract Documents, or when proceeding under General Condition 37 (Claims and Disputes) the Contractor shall (when requested to do so by the Resident Engineer) provide the Owner with copies of payrolls and other cost data applicable to the Work. All such cost information shall be certified by the Contractor and/or his Subcontractors as being true, complete and correct and shall be furnished to the Owner within three (3) working days following the Resident Engineer’s written request.
Adjustments, if any, in the amounts to be paid to the Contractor by reason of any change, addition, or deduction shall be determined by one of the following method:
By an acceptable lump sum proposal which includes supporting documentation regarding labor, material and equipment estimates from the Contractor; or
By contract unit prices contained in the contract, or by unit prices mutually agreed upon by the Contractor and the Owner; or
By force account.
It is the responsibility of the Contractor, before proceeding with any change, to satisfy himself that the change has been properly authorized by the Owner. No charge for extra work or any other change will be allowed unless the extra work or change has been authorized in writing by the Owner and the compensation or method thereof is stated in such written authority.
When payment for extra work is by lump sum, agreed price(s), or by unit prices mutually agreed upon by the Contractor and the Owner, the Contractor shall include in such agreed-upon prices any and all applicable taxes on taxable materials used in such work.
In General.Extra, altered or force account work performed in accordance with the requirements of the provisions regarding Authorized Changes in Work (GC25) or Variations in Quantities (GC 29) will be paid for at the unit prices or agreed prices stipulated in the order authorizing the work, or Owner may require the Contractor to do such work on a force account basis. The extra, altered or force account shall be compensated in the following manner:
Labor.For all labor and foremen in direct charge of the specific operations, the Contractor shall receive the rate of wage, or scale, agreed upon in writing before beginning work for each and every hour that said labor and foremen are actually engaged in such work. Supervisory services are considered to be included in the overhead and profit and is not a separate pay item.
The Contractor shall receive the actual costs paid to, or in behalf of workers by reason of subsistence and travel allowances, health and welfare benefits, pension fund benefits, or other benefits, when such amounts are required by collective bargaining agreement or other employment contract generally applicable to the classes of labor employed on the work.
An amount equal to 20 percent of the above items for a combined overhead and profit will be paid to the Contractor.
Bonds, Insurance and Taxes.For property damage, liability and workers’ compensation insurance premiums, unemployment insurance contributions, bonds and social security taxes on the force account work; Contractor shall receive the actual cost, to which cost 6 percent will be added. The Contractor shall furnish satisfactory evidence of the rate or rates paid for such bond, insurance and taxes.
Materials.For materials accepted by the Resident Engineer and used, the Contractor shall receive the actual cost of such materials delivered on the work, including transportation charges paid by the Contractor, exclusive of machinery rentals as hereinafter set forth, to which cost 15 percent will be added for a combined overhead and profit.
Equipment.For any machinery or special equipment, other than small tools, the Contractor shall receive rental rates as established herein and agreed to in writing before the work is begun plus those transportation costs directly attributable to the extra, altered or force account work for the actual time the equipment is in operation on such work.
General -The Rental Rate Blue Book published by Dataquest, Inc. San Jose, California (hereinafter referred to as the Blue Book), as modified herein, will be used to establish rental rates for equipment approved for use by the Resident Engineer on the extra, altered or force account work. The effective date of each section of the Blue Book when revised by the publisher shall be the date the revision is received by the Resident Engineer. The rates established prior to the extra, altered or force account work shall apply until the ordered work is complete. No markups will be allowed on equipment set forth in subsection (g), except as provided herein.
Rental Rate -Rental rates for equipment will be paid on an hourly basis for each hour the equipment is used, in accordance with the following formula:
Hourly Rate = [(MR+A T) x RA x RF]+ OC
176 hours/month
Where:
MR = Blue Book Monthly Base Rate
AT = Blue Book Monthly Attachment Rate
RA = Blue Book Rate Adjustment Factor
RF = Blue Book Regional Adjustment Factor
OC = Blue Book Operating Costs
Five percent (5%) will be added to the above established hourly rate.
Limitations:The attachment rate will be included in the rental rate only when deemed applicable and essential to the extra, altered or force account work ordered by the Resident Engineer. When multiple attachments are approved for use and the attachments are being used interchangeably on the extra, altered or force account work, only the one attachment having the higher rate will be eligible for payment. Shop tools: Rental will not be allowed for equipment listed in Section 18-Shop Tools of the Blue Book, having a listed daily rate of less than $5.
Standby Rate -When ordered by the Resident Engineer, standby time shall be paid in accordance with the following formula:
Hourly Rate = [(MR+AT) x RA x RF] x 1/2
176 hours / month
Where:
MR = Blue Book Monthly Base Rate
AT = Blue Book Monthly Attachment Rate
RA = Blue Book Rate Adjustment Factor
RF = Blue Book Regional Adjustment Factor
Limitations: Operating costs for equipment will not be included in the standby rate.
No more than eight hours of standby time will be paid during 24-hour period more than 40 hours of standby time will be paid during a one-week period.
Rental Invoices -If Contractor-owned equipment is not available and equipment is rented from outside sources, payment will be on the basis of actual invoice cost. The Resident Engineer reserves the right to disallow invoice payment on rates higher than those set forth herein. When the invoice specifies that the rental rate does not include fuel, lubricants, repairs and servicing, an amount equal to 15 percent of the invoice will be added for such items. Cost of equipment rented from outside sources will be paid at the rate established above plus 5 percent.
Owner-Operated Equipment -Applies Only to Trucks. Owner-operated equipment shall be paid on the basis of actual invoice costs. It will not be necessary to segregate the labor and equipment costs. Cost of owner-operated equipment will be paid at invoice cost plus 5 percent. The Resident Engineer reserves the right to disallow invoice payment based on rates higher than those set forth herein.
Transportation Costs -The rental rates established herein are based on the Contractor having the equipment available on the project site to accomplish the extra, altered or force account work. In the event the required equipment is not on the site and it is necessary to furnish equipment from off-site exclusively for extra, altered or force account work, the cost of transporting the equipment to the work site and returning it will be allowed as an additional item of expense. Cost of transportation by common carrier shall be paid at invoice cost plus 5 percent (5%). Self-propelled equipment, other than trucks, will be paid at a rate equal to 75 percent of the rental rates established herein for transportation plus 5 percent.
Equipment Condition and Job Conditions -The rental rates established herein are for equipment of modern design and in good working condition. When equipment is used that does not meet such requirements or is not operated in a manner as to provide normal output or production, the Resident Engineer may disapprove the use of such equipment or allow its use only at an agreed reduced rate. Job conditions that are substantially more severe than average and that would result in conditions substantially increasing “normal wear and tear” may require an upward adjustment of rental rates established herein as agreed to by the Contractor and the Resident Engineer.
Unlisted Equipment -In the event proposed equipment to be used on extra, altered or force account work is unlisted, the Contractor and Resident Engineer shall agree on an equitable rental rate.
Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided.
Statements. No payment will be made for work performed on an extra, altered or force account basis until the Contractor has furnished the Resident Engineer with duplicate itemized statements of the cost of such extra, altered or force account work detailed as follows:
Name, classification, dates, daily hours, total hours, labor rate, and extension for each laborer and foreman.
Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment.
Quantities of materials, prices and extensions.
Transportation of materials.
Costs of property damage, liability and workers’ compensation insurance premiums unemployment insurance contributions, bonds and social security tax.
Statements shall be accompanied and supported by receipted invoices for all materials used and transportation charges. However, if materials used on extra, altered or force account work are not specifically purchased for such work but are taken from the Contractor’s stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor.
Subcontractors. When work on extra, altered or force account basis is performed by an approved first or lower tier Subcontractor, an amount based on the following table will be allowed in addition to the percentages in a, b, c and d above, to reimburse the prime Contractor for the administrative expenses incurred in connection with the work. Bid items with a price per unit in the original contract, which are included in extra, altered or force account work, are not eligible for administrative expenses.
Agreed Price of first or lower tier Subcontractors’ work
Amount Adjustment Maximum
To $1,000 (lump sum) $100 $100
Over $1,000 to $10,000 $100 plus 5% of excess over $1,000 $500
Over $10,000 to $150,000 $550 plus 3% excess over $10,000 $4,750
Over $150,000 $5,000 $5,000
Approval of this additional amount will be made after receipted invoices are furnished by the Contractor.
Additional markups for overhead and profit, above the percentages contained in subsections a, b, c, and d, will not be allowed.
Reporting. Extra, altered or force account shall be adjusted daily upon duplicate report sheets furnished by the Resident Engineer and signed by both parties. These daily reports shall be considered the true record of the extra, altered or force account work done.
The Contractor shall coordinate with the Project Inspector to arrange for power service for lighting and power and water service for sprinkler irrigation. The Contractor will provide a minimum of 30 days advance notice to arrange for power and water services. No additional time will be awarded to the Contractor for delays caused by a failure to provide this advanced notice.
No later than 14 calendar days following the placement of a property access, such as asphalt and concrete driveways, the Contractor shall complete the specified access construction or repair to any adjacent properties, unless otherwise approved by the Resident Engineer. The Contractor shall conduct and perform all repair activities in a diligent manner without delay until completed. If the Contractor fails to comply with this provision, the Owner shall suspend all other work activities on the project site until such time that this provision is fully completed to the satisfaction of the Owner. The Contractor shall not be compensated for any additional costs incurred for compliance with this provision.
Example: ABC Contractor
Must provide the "Full Address" (Address, City, State, and Zip)
Example: 123 Any Street
City, State 12345
The Contractor must provide its valid Public Works Contractor License Number, including the applicable Class and Specialty type designation (1, 2, 3 or 4), formatted as follows:
License Number – Class – Specialty Code
(e.g., PWCL 010125 – A – 4)
Example provided for formatting purposes only; not an actual license number.
Must provide the "Full Name" and "Title" of the Individual responsible for overseeing this contract.
Example: Joe Smith, Estimator
Must provide Bidder's Contact Phone Number of the individual responsible for overseeing this contract.
Sample: 123-456-7890
Please provide the firm's fax number.
Note: If the firm no longer utilizes a fax line, you may indicate "N/A."
Sample: 123-456-7890
Must provide the Email Address of the Individual responsible for overseeing this contract.
Employment of Residents of Idaho
As part of this Bid Proposal submitted to Ada County Highway District (ACHD) the Contractor acknowledges the ACHD requirement to submit a certification that the Contractor will comply with Idaho Code Title 44, Chapter 10. This citation requires, in part:
“…44-1001 Employment of residents of Idaho - Wage scale - Federal funds. In all state, county, municipal, and school construction, repair, and maintenance work under any of the laws of this state the contractor, or person in charge thereof must employ ninety-five percent (95%) bona fide Idaho residents as employees on any such contracts except for procurement authorized in Section 67-2808 (2), Idaho Code, or where under such contracts fifty (50) or less persons are employed the contractor may employ ten percent (10%) nonresidents, provided however, in such a case employers must give preference to the employment of bona fide Idaho residents in the performance of such work; provided, that in work involving the expenditure of federal aid funds this act shall not be enforced in such a manner as to conflict with or be contrary to the federal statutes prescribing a labor preference to honorably discharged members of the United States armed forces, including airmen, soldiers, sailors, and marines, prohibiting as unlawful any other preference or discrimination among the citizens of the United States…”.
“. . . 44-1003. DEFINITIONS OF TERMS USED. Labor is hereby defined to be all services performed in the construction, repair, or maintenance of all state, county, municipal, and school work.
A bona fide resident of Idaho is hereby declared to be a person, who, at the time of his said employment and immediately prior thereto, has resided in this state for not less than one (1) year. . .”.
Pursuant to Idaho Code Title 44, Chapter 10, the Contractor, being duly sworn, depose, and certify that the Contractor shall be in compliance with Idaho Code 44, Chapter 10, throughout the execution of the Project identified herein.
How is the Bid Security being provided?
Please enter your Bid Bond information from Surety2000 below.
Upload a copy of your Bid Security or verified through Surety 2000 above.
1. The undersigned, hereinafter called Bidder, declares that the only persons or parties interested in this proposal are those named herein, that this proposal is, in all respects, fair and without fraud, and that it is made without collusion with any official of Ada County Highway District (ACHD) or with any person submitting another proposal for this contract.
2. The Bidder further declares that the Contract Documents have been carefully examined for the construction of the project, that the Bidder has personally inspected the site and has been satisfied as to the work involved, including materials, equipment and conditions.
3. The Bidder further acknowledges, declares and represents that the Bidder has carefully examined all omissions, erasures and/or alterations (collectively “modifications”) to the Proposal Documents for Submittal made by the Bidder and approves of all such modifications and that the individual(s) initialing any such modifications has authorization to do so on behalf of the Bidder.
4. The Bidder acknowledges the fact that the description of the quantities of work and materials, as included herein, is intended only to indicate the general nature of the work and that this proposal is made according to the provisions and under the terms of the contract documents, which documents are hereby made a part of this proposal.
5. The Bidder further agrees that they have exercised their own judgment regarding the interpretation of subsurface information and has utilized all data believed pertinent, both from the ACHD and other sources in arriving at the Bidder’s conclusions.
6. The Bidder agrees that if it is notified via a “Notice of Intent to Award Letter,” that it is the apparent low Bidder and may be awarded the contract, the Bidder will sign the contract in the form annexed hereto, and deliver to ACHD the executed contract, Contract Certification, bonds and insurance required herein by the date and time specified by ACHD in the “Notice of Intent to Award Letter;” and will to the extent of the Bidder’s proposal, furnish all labor, machinery, tools, apparatus, and other means of construction to do the work and furnish all the materials necessary to complete the work in the manner, in the time, and according to the methods specified in the contract documents and required by ACHD.
7. The Bidder further agrees to complete the construction, in all respects, for which their proposal is accepted within the time period set forth in the Contract Documents.
8. In the event the Bidder is awarded the contract and shall fail to complete the work within the time specified for completion, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to ACHD at the daily rate indicated in the Contract Agreement until the work shall have been finished as provided by the contract documents.
9. The Bidder agrees that all applicable sales and use taxes are included in the stated bid prices for the work, unless provision is made herein for the Bidder to separately itemize the amount of such taxes.
10. The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on the lump sum or unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor and materials required to perform the work, including all allowances for indirect costs, overhead and profit for each type or unit of work called for in these Contract Documents.
11. Proposals must be accompanied by a certified check, cashier's check, or an original bid bond issued by a surety authorized to issue such bonds in the State of Idaho, in the amount of ten percent (10%) of the total amount of the proposal submitted. Failure to include a Bid Security as required with the bid will render said proposal void and non-responsive. Any Contractor submitting a certified check or cashier's check for bid guarantee will be required to submit with the proposal a letter from the Bidder’s bonding company stating that it will guarantee bonding for the Contractor, in the event said Contractor is notified via a “Notice of Intent to Award Letter,” that it is the apparent low bidder and may be awarded the contract. Said letter is to be included with the bid documents, and shall name the Contractor, project number, and the amount of bonding value being guaranteed.
12. The Bidder further agrees that in case of its default in executing such contract or providing the required Contract Certification and all required bonds and insurance, the bid security accompanying Proposal Documents for Submittal and any money payable thereon, shall be and remain the property of ACHD.
13. In accordance with Idaho Code 67-2348, and to the extent permitted by Federal laws and regulations, whenever ACHD shall let for bid any contract to a contractor for any public works, the contractor domiciled outside the boundaries of Idaho shall be required, in order to be successful, to submit a bid the same percent less than the lowest bid submitted by a responsible contractor domiciled in Idaho as would be required for such an Idaho domiciled contractor to succeed over the bidding contractor domiciled outside Idaho on a like contract being let in the Bidder’s domiciliary state.
14. In accordance with Idaho Code 67-2349, and to the extent permitted by Federal laws and regulations, whenever ACHD shall let for bid any contract for purchase of any material, supplies, services, or equipment, the Bidder domiciled outside the boundaries of Idaho shall be required, in order to be successful, to submit a bid the same percent less than the lowest bid submitted by a responsible Bidder domiciled in Idaho as would be required for such an Idaho domiciled Bidder to succeed over the Bidder domiciled outside Idaho on a like con-tract being let in the Bidder’s domiciliary state.
14.1 For the purposes of this section, any Bidder domiciled outside the boundaries of the State of Idaho may be considered as an Idaho domiciled Bidder, provided that 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:
14.1.1 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
14.1.2 If a corporation be registered and licensed to do business in the State of Idaho with the office of the Secretary of State.”
15. The Bidder shall acknowledge by their submitting this Proposal that the Addendum have been received by the Bidder and that the Bidder has incorporated their content into the Bid attached hereto.
Idaho Code 67-2310 requires that Bidders comply with rules regarding listing of subcontractors for specific areas of licensed work:
1 The Bidder shall include in this Proposal form the name and address or names and addresses of the subcontractor(s) who the Bidder shall subcontract the plumbing, heating, ventilation, and/or air conditioning; and/or electrical work, in the event the Bidder is awarded the contract.
2 The Bidder shall not name any subcontractor in Proposal form unless the Bidder has received communication from the subcontractor(s) concerning their willingness to participate in the work identified in the Contract Documents. For the purposes of this section, “communication” shall include telephone, mail, facsimile machine, in person, or by computer using the Internet or a bid service.
3 At the time subcontractor(s) are named by the Bidder in this Proposal form, they each shall possesses the appropriate licenses or certificates of competency issued by the State of Idaho covering the contractor work classification in which each respective sub-contractor is named.
4 The Bidder shall comply with Idaho Code 54-1902 (3) which prohibits any public works contractor to accept a bid from any person who at that time does not possess the appropriate public works license for the project involved; or to accept bids to sublet any part of any contract for specialty construction from a specialty contractor who at that time does not possess the appropriate license. This provision does not apply to public works funded in whole or in part by federal aid funds.
5 In the event the Bidder secures the contract and if the Bidder and a named subcontractor cannot finalize the terms of agreement between them for the work for any reason other than cost, the Bidder shall name another subcontractor by written notification within ten (10) days of being awarded the public works contract. The Bidder shall disclose to ACHD the cost for work to be performed by the substitute subcontractor. If the amount of the substitute subcontractor cost is less than the original subcontractor’s bid, the reduction in cost shall be passed through to the benefit of ACHD.
6 Failure to name subcontractors as required by this section and Idaho Code shall render any bid submitted by the Bidder as unresponsive and void. Knowing failure to comply with Idaho Code 54-1914, 54-1920, and 67-2310 may result in civil and/or criminal penalties.
7 Ada County Highway District has determined that the following licensed subcontractor(s) are required for the Proposed Project:
None
Contractor must provide the List Required Sub-Contractor Information as follows: (indicated above)
(e.g., ELE 010125 – A) (e.g., HVAC 010125 – A) (e.g., Plumber 010125 – A)
Example provided for formatting purposes only; not an actual license number.
Once you start your proposal you will be asked to complete a DocuSign form.
Please enter the information needed to explain the work shall consist of?
Example: $500,000
Example: April 5 and 12, 2022
Sample: Eighteen (18)
Example: April 18, 2022
Example: April 18, 2022
Example: $1,000
If yes, a legal Notice with irrigation information will be added
If no, the standard legal Notice will be added
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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