1-Bid26021 Specifications.pdf

Request for Bid

BID 26021

ADA COUNTY LANDFILL DRAIN GRAVEL

Ada County Procurement | 200 W. Front St. | Boise, ID 83702

Issued: December 23, 2025

By: Ada County Procurement

200 W. Front St. Boise, ID 83702

Phone: (208) 287-7140 www.adacounty.id.gov/bids

Rod Beck, Commissioner

Ryan Davidson, Commissioner

Thomas Dayley, Commissioner

BID 26021 INSTRUCTIONS TO BIDDERS – PAGE 1

INSTRUCTIONS TO BIDDERS

Bid 26021

Ada County Landfill Drain Gravel

OWNER: Ada County

PROJECT: Ada County Landfill Drain Gravel

ADDRESS: 10319 N. Seaman’s Gulch Rd., Boise, ID 83714

OWNER’S

REPRESENTATIVE: Justin McConnell, Landfill Operations Manager

1. Summary of Work. Ada County is soliciting bids for the purchase and delivery of

4,376 tons of drain gravel (hereinafter “Product”), to be used at the Ada County Landfill, as more fully described in Exhibit A hereto.

2. Bids.

a. Interested parties may obtain an electronic copy of Bid 26021 Ada County

Landfill Drain Gravel free of charge at https://adacounty.bonfirehub.com.

b. Submit bids online to Ada County Procurement at https://adacounty.bonfirehub.com no later than 4:00 p.m. local time, on January 7, 2026. See

Exhibit B for instructions regarding the electronic submission of bids. All bids will be electronically date and time stamped as they are submitted. Bids cannot be accepted if submitted by hard copy, mail, facsimile, or e-mail. Bids received in compliance with these Instructions to Bidders will be compiled on January 8, 2026 and Procurement will make a recommendation to award to the Board of Ada County Commissioners on January 13, 2026, at or about 9:00 a.m. local time, in the Board of Ada County Commissioners’ Conference Room, located on the third floor of the County

Courthouse and Administration Building, 200 West Front Street, Room 3255, Boise, Idaho 83702.

https://adacounty.bonfirehub.com/

BID 26021 INSTRUCTIONS TO BIDDERS – PAGE 2

c. A Bidder’s Bid Form, supplied in the bid packet, shall be used by the bidder to submit its bid at https://adacounty.bonfirehub.com. Note that your Total Bid Amount (BT-

97SP) is required to be completed electronically in Bonfire for submission of bid amounts, in addition to the upload of the signed Bidder’s Bid Form. A signed and completed Bidder’s Bid

Form must be uploaded electronically as set forth herein. Failure to do so will render a bid non-responsive.

d. Bidders shall:

(i) carefully examine the Instructions to Bidders, Bidder’s Bid Form, exhibits, and any addenda issued subsequent thereto;

(ii) include in the bids sums to cover the cost of all items contemplated by the Bid Documents

e. The bidder awarded the Purchase and Delivery Contract will not be allowed any extra compensation by reason of any matter or thing concerning that which such bidder might have been fully informed prior to submitting a bid. A copy of the Purchase and Delivery Contract is included in this bid packet as Exhibit C. The terms of the Purchase and Delivery Contract will not be negotiated.

f. No bid shall be withdrawn for a period of thirty (30) days after the time scheduled for receipt of bids.

g. Data contained in the bid and all documentation provided therein becomes property of the County and the data becomes public information. If bidder wishes to have any confidential or proprietary information withheld from the public, such information must fall within the definition of “trade secret” contained within the Idaho Public Records Act, Idaho Code § 74-101 et seq. All “trade secret” information a bidder wishes the County to withhold must be clearly marked “Trade Secret,” with each page of such information being clearly marked. Failure to mark such information as “Trade Secret” shall deem such information open to public

BID 26021 INSTRUCTIONS TO BIDDERS – PAGE 3

inspection. Should the County be challenged in court by a third party for a decision to withhold or redact information so identified by bidder, bidder agrees, by submitting its bid, to indemnify, defend, and hold harmless Ada County for any judgments, attorney fees, and/or court costs associated with asserting the documents contain “trade secret” information. Bidder agrees and acknowledges that the

Bidder’s Bid Form and Total Bid Amount (BT-97SP) are disclosable public records. Ada County reserves the right to make an independent discretionary decision whether or not the documents marked as “Trade Secret” qualify as such pursuant to the Idaho Public Records Act. All documents not marked as “Trade Secret” are subject to release in compliance with the Idaho Public Records Act.

3. Taxes. Bidders shall include in their bids all applicable taxes which are levied by federal, state, or municipal governments upon Product, and the selected vendor shall pay all such taxes and show evidence of payment as described in the Purchase and Delivery Contract. Bidders are referred to Idaho Code § 63-3609 for further information.

4. Right to Reject Bids. The Board of Ada County Commissioners reserves the right to reject any or all bids. The Board also reserves the right to waive any informality in any bid.

Further, the Board reserves the right, in its sole discretion, to determine whether the offered Product satisfies the County’s needs and otherwise meets the specifications and requirements as detailed in

Exhibit A. If the offered Product does not meet the specifications and requirements the bid will be tallied as “non-responsive.” Products offered must be new; no used, refurbished, remanufactured, or demonstration products will be accepted.

5. Objections to Specifications. Written objections to specifications or bidding procedures must be received by Ada County Procurement at least one (1) business day before the date and time the bids are scheduled to be received.

BID 26021 INSTRUCTIONS TO BIDDERS – PAGE 4

6. Explanation to Bidders and Addenda.

a. Neither Ada County Landfill nor Ada County Procurement will give verbal answers to any inquiries regarding the meaning of the Contract Documents or provide verbal instructions prior to the award of the Purchase and Delivery Contract. Any verbal statement regarding same by any persons, prior to the award, shall be unauthoritative.

b. Any and all questions, requests for clarification, or explanations desired by potential bidders must be submitted in the Vendor Discussions section of the Bonfire project listing, and received no later than December 30, 2025, at 4:00 p.m. local time. An addendum will be made available on the Ada County website at https://adacounty.bonfirehub.com on or about

December 31, 2025. Notice of any addenda will be sent to only those individuals who have registered as a vendor on Bonfire for this Project.

c. All addenda issued to bidders prior to date of receipt of bids shall become a part of these Instructions and the Contract Documents, and all bids are to include the work described in all addenda issued. Each bid submitted must specifically list all addenda in the Bidder’s Bid Form.

7. Qualifications of Bidders.

a. Bidders are responsible for complying with all applicable provisions of the

Idaho Code as it relates to bidding of this project.

b. No state or federal funding will be utilized on this Project.

8. Examination of Bids. After the bids are received by Procurement, Procurement will review the bids for compliance with these instructions and Idaho Code. After that review, Ada County

Procurement will provide a written recommendation to the Board of Ada County Commissioners of the responsive bidder submitting the lowest Total Bid Amount. Bidders will be supplied with a copy of the recommendation on or about January 8, 2026.

BID 26021 INSTRUCTIONS TO BIDDERS – PAGE 5

9. Protest of Bid Award. Any bidder’s protest of the recommendation must be in writing and received by Ada County Procurement at procurement@adacounty.id.gov no later than

4:00 p.m. local time on January 12, 2026.

10. Award of Bid. The contract shall be deemed as having been awarded when the bid has been accepted by formal motion made by the Board of Ada County Commissioners during the open business meeting commencing at or about 9:00 a.m. local time, January 13, 2026, in the Board of Ada County Commissioners’ Conference Room, located on the third floor of the Ada County

Courthouse and Administration Building, 200 West Front Street, Room 3255, Boise, Idaho 83702.

The Bid award meeting may also be viewed via livestream at:

https://www.youtube.com/channel/UCmREyet73vxhBFCffWClEKA. The successful bidder shall present all documents required for executing the Purchase and Delivery Contract so that the Board may consider the contract on January 26, 2026.

11. Delivery. Delivery must be FOB Destination to the Ada County Landfill, 10319 N.

Seaman’s Gulch Rd. Boise, ID 83714. Delivery will be required no later than March 30, 2026.

Delivery date may be extended upon the mutual agreement of the parties.

12. Final Acceptance. Upon delivery, Ada County shall have an opportunity to test and/or inspect the Product. Risk for any loss or damage to the Product shall not pass to Ada County until after inspection and acceptance by the County. Unless otherwise agreed upon, the County has fourteen (14) days after delivery to inspect the product for acceptance. If after fourteen (14) days the

County has not formally accepted, then title shall pass to the County.

mailto:procurement@adacounty.id.gov https://www.youtube.com/channel/UCmREyet73vxhBFCffWClEKA

BID 26021 BIDDER’S BID FORM – PAGE 1

First Document in Bid Packet

BIDDER’S BID FORM

Bid 26021 Ada County Landfill Drain Gravel

NAME OF BIDDER:

CONTACT NAME:

ADDRESS:

EMAIL:

PHONE NUMBER:

TO: BOARD OF ADA COUNTY COMMISSIONERS

1. Summary of Work. The undersigned, having familiarized itself with the local conditions affecting the cost of the work, and with all criteria included within or referenced by the

Bid Documents for Bid 26021 Ada County Landfill Drain Gravel, does hereby propose to deliver all Product and perform all work required as outlined in the Bid Documents for the amount(s) provided online as part of the Bonfire bid submittal process.

2. Addenda. Bidder hereby expressly acknowledges receipt of the following addendum (addenda) to the Bid Documents:

# 1 Dated ____________ # 2 Dated ____________ # 3 Dated ____________

BID 26021 BIDDER’S BID FORM – PAGE 2

3. Right to Reject Bids. In submitting this bid, it is understood that Ada County reserves the right to reject any and all bids, including any and all options. It is agreed that this Bid may not be withdrawn for a period of thirty (30) days from the opening.

4. Compliance with Instructions to Bidders. Bidder has read and understands the

Instructions to Bidders and has complied with the Instructions in submitting this bid.

5. Certification and Signature.

This bid is submitted in accordance with all documents and provisions of Bid 26021 Ada

County Landfill Drain Gravel. By my signature, I accept and agree to the terms, conditions and requirements contained in this solicitation, including but not limited to, the Instructions to Bidders and Bidder’s Bid Form. As the undersigned, I certify I am authorized to sign and submit this bid for the bidder. I further acknowledge I am responsible for reviewing and acknowledging any addenda that have been issued for the solicitation.

The selected vendor may be requested to provide appropriate documentation that demonstrates the signatory to any agreement with County has authorization to bind the selected vendor.

Before being uploaded to the Bonfire platform, the Bid Form must be properly completed and signed in ink or contain an electronic signature as defined in section 28-50-102, Idaho Code.

Signature Date

Printed Name Title

Email Phone

BID 26021 INSTRUCTIONS TO BIDDERS – EXHIBIT A

EXHIBIT A

DRAIN GRAVEL SPECIFICATIONS

Specifications for: Drain Gravel

All Bids must be provided with gradation tests as necessary to locate acceptable sources of imported material. Bids that do not show conformance with the specifications may be deemed non-responsive.

A. Drain Gravel shall be clean, non-calcareous, crushed or natural river bed aggregate a Quantity Required – 4,376 tons

B. Gradation:

Sieve Size Percent Passing by Weight

2-1/2-inch 100

2-inch 90 - 100

1-1/2-inch 65 - 75

1-inch 15 - 25

3/4-inch < 8

1/2-inch < 4

BID 26021 INSTRUCTIONS TO BIDDERS – EXHIBIT B

EXHIBIT B

BID SUBMISSION INSTRUCTIONS

PLEASE READ CAREFULLY:

Sealed Bids are to be submitted online to Ada County Procurement at https://adacounty.bonfirehub.com no later than 4:00 p.m. local time, on January 7, 2026. All Bids will be electronically date and time stamped as they are submitted. Bids cannot be accepted if submitted by hard copy, mail, facsimile, or e-mail.

Important Notes:

• Logging in and/or uploading your file(s) does not mean your Bid is submitted. Bidders must successfully upload all the file(s) and MUST click the submit button before the closing time.

• You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. This will confirm that you have successfully submitted your Bid.

• Each submitted item of requested information will only be visible to Ada County upon its opening of Bids on January 7, 2026, at or after 4:00 pm, local time.

• If the file is mandatory, you will not be able to complete your Bid submission until the requirement is met.

• Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed. Please plan accordingly!

• Please note the type and number of files allowed. The maximum upload file size is 1000 MB. Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

• Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Java Script must be enabled.

• Mac users: When a Bid Table is required for Proposal submission, in order for it to be formatted correctly you will need to download Microsoft Excel. The Bid Tables will not work with another Spreadsheet tool.

• Emails received from Bonfire do not have attachments; click the View Opportunity link and login to Bonfire to view attachments under the Messages section, then click Vendor Discussions. You can then download the message attachment.

Need Help? Please contact Bonfire directly Support.bonfire@eunasolutions.com for technical questions or issues related to your submission. You can also visit their help forum at https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub.

mailto:Support.bonfire@eunasolutions.com https://customer.eunasolutions.com/public/s/

EXHIBIT C - PURCHASE AND DELIVERY AGREEMENT FOR DRAIN ROCK

GRAVEL – PAGE 1

EXHIBIT C

PURCHASE AND DELIVERY AGREEMENT

AGREEMENT NO. ____________

PURCHASE AND DELIVERY AGREEMENT FOR DRAIN ROCK GRAVEL

THIS AGREEMENT is made and entered into this date by and between Ada County, a duly formed and existing county pursuant to the laws and constitution of the State of Idaho (hereinafter referred to as "Purchaser"), and

______________________________________________, an Idaho __________________, _____________________________(address), (hereinafter referred to as "Seller").

WITNESSETH

WHEREAS, Purchaser desires to purchase Drain Rock Gravel as specified in

Exhibi A (hereinafter referred to as “Product”) for Purchaser’s Fiscal Year 2026 ending on

September 30, 2026; and

WHEREAS, Seller participated and was awarded the contract in Ada County Bid No.

26021 and is able to provide a Product which meets the requirements of Bid No. 26021 and the needs of Purchaser; and

WHEREAS, Seller wishes to sell Product to Purchaser under the conditions outlined herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein the parties agree as follows:

1. AGREEMENT DOCUMENTS: The Agreement Documents include this

Purchase and Delivery Agreement, the Bid No. 26021 Instructions to Bidders, the Bid No.

26021 Bidder’s Bid Form, and all exhibits, addenda, and materials included with the

GRAVEL – PAGE 2

foregoing documents. In the event of any conflict, discrepancy, or inconsistency among any of the Agreement Documents, the following shall govern, in this order:

1) this Purchase and Delivery Agreement;

2) the Product Specifications attached hereto as Exhibit A;

3) the Bidder’s Bid Form, including all attachments and materials included therein;

4) the Instructions to Bidders, including all attachments and exhibits thereto.

2. PURCHASE PRICE: Seller agrees to sell and deliver, and Purchaser agrees to buy, 4,376 tons of Drain Rock Gravel, meeting and/or exceeding the Product Specifications as set forth in Exhibit A, for the all-inclusive price of per ton ($ /ton) (“Purchase Price”). The Purchase Price includes payment of all applicable sales and use taxes, inspection fees, transportation and freight and delivery costs and permits, off-load costs, and any and all other costs incidental to and associated with the completion of this Purchase and Delivery Agreement.

Seller acknowledges that Purchaser is not required to exceed the minimum quantities set forth in the Agreement Documents and that Purchaser is free to obtain the

Product from other vendors.

3. DELIVERY: Seller shall deliver Product FOB directly to Purchaser at the Ada

County Hidden Hollow Landfill located at 10319 N. Seaman’s Gulch Road Boise, Idaho

83714. Date of delivery shall be no later than March 30, 2026. Unless agreed otherwise between the parties, deliveries shall be made on regular business days between the hours of 8 am to 4 pm local time. Seller shall comply with all applicable federal, state, and local

GRAVEL – PAGE 3

laws applicable to the purchase, transit, and delivery of the Product, including but not limited to acquiring any permits (if necessary).

4. SELLER AS SOLE OBLIGOR: Seller shall assume full and sole responsibility for all tasks related to the purchase and delivery of the Product, regardless of whether Seller is the actual manufacturer or provider of the delivery/freight services. Seller shall be the sole point of contact for all contractual matters. Purchaser shall bear no responsibility nor liability whatsoever, whether financial or otherwise, arising out of the purchase, packaging, handling, transit, delivery, freight, and/or off-load of the Product, except for those obligations directly owed to Seller as specifically delineated in this Agreement. Purchaser shall have no responsibility nor liability to any third parties, including but not limited to manufacturers, delivery/freight providers, and/or off-load service providers.

5. RISK OF LOSS / TITLE: Risk of loss and responsibility and liability for loss or damage will remain with Seller until final inspection and acceptance by Purchaser as described in Paragraph 6, “Acceptance,” below. Upon acceptance, full title to and responsibility for the Product will pass to Purchaser except as to latent defects, fraud, and any breach of Seller’s Warranty obligations as described in Paragraph 8, below. Any loss, injury, or destruction prior to acceptance shall not release Seller from its obligations to provide an acceptable Product pursuant to this Agreement.

6. ACCEPTANCE: Upon Seller’s delivery of the Product, Purchaser shall have fourteen (14) days to inspect the Product to ensure the delivered Product is acceptable.

Purchaser’s acceptance will be conditioned upon satisfaction of the following criteria:

a. verification that the Product meets all specifications and requirements as set forth in the Agreement Documents;

GRAVEL – PAGE 4

b. verification that the Product is in proper working condition and is suitable for

Purchaser’s purposes, as set forth in the Agreement Documents;

c. verification that all liens, taxes, fees, costs, and other financial obligations have been satisfied, or assurances made to Purchaser’s satisfaction that said financial obligations will be satisfied;

d. verification that all paperwork and documents have been provided to Purchaser, including transfer of any manufacturer warranties and title to the Product in the name of Purchaser, as well as any invoices, packing slips, operating manuals, installation instructions, and other Product documentation; and

e. verification that Seller has satisfied all of Seller’s Warranties as described in

Paragraph 8, below.

Acceptance of the Product by Purchaser shall not be deemed to have occurred until the later of 1) Purchaser’s notification, in writing, to Seller that the Product is acceptable, or 2) the expiration of the fourteen (14) day inspection period. In the event Purchaser identifies any defect or non-conformity with the acceptance criteria, Purchaser shall notify

Seller prior to expiration of the fourteen (14) day inspection period, which shall have the effect of suspending the inspection and acceptance period. Upon receipt of such notice, Seller shall have ten (10) days to respond to Purchaser indicating the steps Seller anticipates taking to cure the defect or non-conformity. Seller shall take all action necessary to cure the defect or non-conformity within thirty (30) days of Purchaser’s notice. Seller shall bear full responsibility and liability for all costs and steps taken to cure the defect or non-conformity, including, if necessary, replacement of the Product. Upon Seller’s cure of the

GRAVEL – PAGE 5

defect or non-conformity, Purchaser shall have an additional fourteen (14) days within which to inspect and verify the Product is acceptable.

Purchaser is not obligated to make payment to Seller for Product that fails to meet acceptance criteria. Further, failure to meet the acceptance criteria will not toll the time for and may result in the imposition of liquidated damages as set forth in Paragraph 9 of this Agreement. If the failure to meet acceptance criteria is of a nature that can be remedied by Purchaser and does not render the Product non-operational for its intended use, Seller and Purchaser may, at Purchaser’s sole option, agree on a monetary sum that will remedy the failure, and said sum shall be deducted from the Purchase Price.

7. PAYMENT: Upon delivery Seller shall provide an invoice/payment request to

Purchaser as follows:

Ada County Solid Waste Management 200 W. Front Street Boise, ID 83702 solidwasteap@adacounty.id.gov

Purchaser shall make payment to Seller for the full Purchase Price, less any deduction for liquidated damages and/or remedies for failure to meet acceptance criteria, within thirty (30) days of Purchaser’s acceptance of the Product.

8. SELLER’S WARRANTIES: Seller warrants the Product offered shall be, and will be upon final delivery and off-load, in new and in first class condition, and that all containers

(if applicable) shall be new and suitable for storage or shipment. Demonstration, previously rented, refurbished, or reconditioned units will not be considered “new.” Seller warrants that the Product shall conform to all specifications and requirements as described in the Agreement

Documents and to any descriptions published and/or provided by the manufacturer at the time of the sale. Seller warrants title to the Product shall transfer to Purchaser upon acceptance, GRAVEL – PAGE 6 including transfer of all applicable manufacturer warranties and guarantees. Seller warrants delivery free and clear of any liens, taxes, fees, costs, assessments, and encumbrances. Seller warrants that all items meet or exceed those requirements and guidelines established by the

Occupational Safety and Health Act, Consumer Product Safety Council, Environmental

Protection Agency, or other applicable regulatory agencies. Seller warrants it will comply with all applicable laws regarding the purchase, packaging, freight, delivery, and off-load of the Product, including any permits which may be required. Seller warrants that the Product shall be purchased and delivered free of latent defects and/or fraud to the best of Seller’s knowledge.

Without limitation upon any other remedy, Purchaser shall have no financial obligation in regard to any Product purchased and/or delivered in breach of the above warranties. The above warranties of Seller shall survive beyond the delivery and acceptance of the Product and/or termination of this Agreement.

9. ASSIGNMENT: Seller may not assign this Agreement to any other party or vendor without the express written authorization of Purchaser.

10. INDEMNITY: Seller shall hold harmless, defend, and indemnify Purchaser, its officers, agents, and employees from and against all claims, losses, actions, damages, judgments, amounts owing, costs, expenses, and/or injury to persons or property arising out of or in connection with any activities, acts, or omissions of Seller, Seller’s officers, agents, employees, or representatives under this Agreement.

Seller shall indemnify, defend, and hold Purchaser harmless against any claims or actions asserted against Purchaser based upon a claim of infringement of a United States patent, copyright, trade secret, or trademark for items purchased under this Agreement.

GRAVEL – PAGE 7

In the event Purchaser is alleged to be liable on account of any activities, acts, or omissions of Seller, its officers, agents, or employees, then Seller shall defend such allegations through counsel chosen by Purchaser, and Seller shall bear all costs, fees, and expenses of such defense, including but not limited to all attorney fees and expenses, court costs, and expert witness fees and expenses.

The provisions of this paragraph shall survive beyond delivery and acceptance of the Product and/or termination of this Agreement.

11. INSURANCE: Seller shall obtain and maintain insurance coverage as detailed in

Exhibit B, attached hereto and incorporated by this reference. Seller’s failure to obtain and maintain insurance as detailed in Exhibit B shall constitute a material breach of this

Agreement.

12. MERGER AND INTEGRATION: This writing embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained in this Agreement. All previous and contemporaneous communications, representations, or agreements, either verbal or written, between the Parties are superseded by this Agreement and the parties acknowledge they are not relying on the same.

13. MODIFICATIONS: The Parties may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are duly executed in writing by each Party.

14. PUBLIC RECORDS: The Parties herein understand and acknowledge that this

Agreement and its attachments are subject to the Idaho Public Records Act, I.C. §§ 74-101, et seq., the Idaho Open Meetings Act, I.C. §§ 74-201, et seq., and other applicable federal and state laws, and might be public records.

GRAVEL – PAGE 8

15. GOVERNING LAW, VENUE, ATTORNEY FEES: This Agreement and the rights and obligations of both parties shall be governed by the laws of the State of Idaho, with venue for any such action to be in Ada County in the Fourth Judicial District, State of

Idaho. In the event of any litigation arising out of or under this Agreement, the reasonable attorney fees and costs of suit of the prevailing party shall be paid by the other party.

16. SEVERABILITY: In the event any provision or section of this Agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and shall be carried into effect.

17. PERFORMANCE/WAIVER: The failure of the Purchaser to require strict performance of any term or condition of this Agreement or to exercise any option herein conferred in any one or all instances shall not be construed to be a waiver or relinquishment of any such term or condition, but the same shall be and remain in full force and effect, unless such waiver is evidenced by the prior written consent of the Purchaser.

18. CAPTIONS: The captions heading the various paragraphs of this Agreement are for convenience and shall not be considered to limit, expand, or define the contents of the respective paragraphs.

19. AUTHORITY TO EXECUTE: Each individual executing this Agreement on behalf of a Party represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of said Party in accordance with duly adopted organizational documents or agreements and, if appropriate, a resolution of the Party, and that this Agreement is binding upon said Party in accordance with its terms.

20. FORCE MAJEURE: Except for default of subcontractors at any tier, neither party shall be in default because of any failure to perform this Agreement under its terms if the

GRAVEL – PAGE 9

failure arises from causes unforeseeable to and beyond the control and without the fault or negligence of that party. Examples of these causes are: acts of God; acts of the public enemy; acts of the Government in either its sovereign or contractual capacity; fires; floods;

epidemics; quarantine restrictions; strikes; freight embargoes; earthquakes; and unusually severe weather. If the Force Majeure event is such that the purpose of this Agreement is undermined and the need for the Product is rendered moot, then Purchaser may, at its sole discretion, declare this Agreement terminated without liability to either Party.

21. CERTIFICATIONS:

A. Pursuant to Idaho Code § 67-2347A, if this Agreement is One Hundred

Thousand Dollars ($100,000) or more and if Seller employs ten (10) or more persons full-time, Seller certifies that it is not currently engaged in and will not, for the duration of this

Agreement engage in, a boycott of any individual or company because that individual or company: (1) engages in or supports the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture; or (2) engages in or supports the manufacture, distribution, sale, or use of firearms.

B. Pursuant to Idaho Code § 67-2359, Seller certifies that it is not currently owned or operated by the government of China and will not, for the duration of this

Contract, be owned or operated by the government of China.

C. Pursuant to Idaho Code § 67-2346, if this contract is one hundred thousand dollars ($100,000) or more and/or Seller employs ten (10) or more persons, Seller certifies that it is not currently engaged in, and will not for the duration of the Project engage in, a boycott of goods or services from Israel or territories under its control.

GRAVEL – PAGE 10

IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above.

Board of Ada County Commissioners

By:

Rod Beck, Commissioner

Ryan Davidson, Commissioner

Thomas Dayley, Commissioner

ATTEST:

Trent Tripple, Ada County Clerk

SELLER:

Name:

Title:

GRAVEL – PAGE 11

EXHIBIT A

Specifications for: Drain Gravel

All Bids must be provided with gradation tests as necessary to locate acceptable sources of imported material. Bids that do not show conformance with the specifications may be deemed non-responsive.

A. Drain Gravel shall be clean, non-calcareous, crushed or natural river bed aggregate a Quantity Required – 4,376 tons

B. Gradation:

Sieve Size Percent Passing by Weight

2-1/2-inch 100

2-inch 90 - 100

1-1/2-inch 65 - 75

1-inch 15 - 25

3/4-inch < 8

1/2-inch < 4

GRAVEL – PAGE 12

EXHIBIT B

INSURANCE

A. The Seller at its sole expense, shall procure and maintain in full force and effect insurance written by an insurance company or companies with AM Best’s rating(s) of A VIII or better. All insurance companies must be authorized to do business in the state of Idaho. By requiring insurance herein, Ada County does not represent that coverage and limits are necessarily adequate to protect the Seller, and such coverage and limits shall not be deemed as a limitation on the Seller’s liability under the indemnities granted to Ada County in this contract.

B. Certificates of Insurance evidencing the coverages required herein shall be provided to Ada County prior to the start date of the project. All certificates must be signed by an authorized representative of the Seller’s Insurance carrier. Renewal certificates or binders must be provided to Ada County a minimum of five (5) days prior to the effective date of the renewal. If binders are used, they must be replaced by appropriate insurance certificates no more than thirty (30) days after the effective date.

C. Certificates shall be emailed to:

Ada County Operations opsinsurance@adacounty.id.gov Risk Management risk@adacounty.id.gov Procurement procurement@adacounty.id.gov

D. Certificates must evidence the following minimum coverages:

1. WORKERS’ COMPENSATION insurance meeting the statutory requirements of the State of Idaho.

2. EMPLOYERS’ LIABILITY insurance providing limits of liability in the following amounts:

Bodily Injury by Accident: $100,000 each accident Bodily Injury by Disease: $500,000 policy limit Bodily Injury by Disease: $100,000 each employee

3. COMMERCIAL GENERAL LIABILITY insurance providing limits of liability in the following amounts:

General Aggregate: $2,000,000 Product/Completed Operations Aggregate: $2,000,000 Personal & Advertising Injury Liability: $1,000,000 Per Occurrence: $1,000,000 Fire Legal Liability: $ 50,000 mailto:opsinsurance@adacounty.id.gov mailto:risk@adacounty.id.gov mailto:procurement@adacounty.id.gov

EXHIBIT C - PURCHASE AND DELIVERY AGREEMENT FOR DRAIN ROCK GRAVEL –

The Commercial General Liability (“CGL”) insurance policy shall be written on an “Occurrence” form and shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract). Ada County and its elected officials, agents, employees, successors and assigns shall be included as Additional Insureds under the CGL using ISO endorsement CG 20 10. The Additional Insured endorsement CG 20 10, or its equivalent, must be provided with the certificate of insurance.

4. BUSINESS AUTOMOBILE LIABILITY insurance providing bodily injury and property damage liability coverage for not less than $1,000,000 each accident limit.

Business Automobile Liability insurance shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising out of owned, hired, or non-owned vehicles in connection with this agreement.

BID 26021 CHECK-OFF LIST FOR BID SUBMITTAL – PAGE 1

CHECK-OFF LIST FOR BID SUBMITTAL

BID 26021

ADA COUNTY LANDFILL DRAIN GRAVEL

Bidder’s Bid Form to be uploaded to Bonfire.

Acknowledgment of all addenda on Bidder’s Bid Form.

Total Bid Amount (BT-97SP) electronically entered into Bonfire.

Bids must be submitted online to Ada County Procurement at https://adacounty.bonfirehub.com no later than 4:00 p.m. local time, on January 7, 2026.

Non-compliance of submittal requirements may deem your bid non-responsive. The right is reserved by the Board of Ada County Commissioners to accept or reject any or all bids.

Verify that the following has been done before submitting your bid:

https://adacounty.bonfirehub.com/