1-Road Bridge Roof ITB.pdf

BANNOCK COUNTY

INVITATION TO BID (ITB)

Bannock County Road & Bridge Roof Public Works Project

Issue Date August 29, 2025

TABLE OF CONTENTS

1 ITB ADMINISTRATIVE INFORMATION

2 OVERVIEW

2.1 PURPOSE

2.2 PRE-BID CONFERENCE

2.3 QUESTIONS

2.4 BID PREPARATION COSTS

2.5 INTERVIEWS

2.6 DELIVERY TO COUNTY

2.7 ACCEPTANCE & REJECTION

2.8 DISCLOSURE OF CONTRACTOR'S CONFIDENTIAL INFORMATION

2.9 SIGNATURE OF CONTRACTOR'S AGENT

2.10 SINGLE BID RESPONSE

3 INSTRUCTIONS FOR SUBMISSION OF BID

3.1 SUBMISSION OF BIDS

3.2 FILE FORMAT

3.3 SUBMISSION MODIFICATION

3.4 TIMELY SUBMISSION

3.5 ADDITIONAL INFORMATION

3.6 NEGOTIATIONS

4 MANDATORY SUBMISSION REQUIREMENTS

4.1 COVER LETTER

4.2 ACKNOWLEDGEMENT OF ADDENDUM(S)

4.3 AUTHORIZED TO BIND CONTRACTOR

4.4 CONFLICT OF INTEREST

4.5 BID RIGGING

4.6 BARRED OR SUSPENDED

4.7 PUBLIC WORKS LICENSE

4.8 PERFORMANCE & PAYMENT BOND

4.9 CERTIFICATE OF INSURANCE

5 SCOPE OF WORK

5.1 SCOPE OF WORK

5.2 EQUIVALENT

6 CONTRACTUAL AGREEMENT

6.1 METHOD OF AWARD

6.2 TRADE SECRETS

6.3 CONTRACT MONITORING

6.4 CONTRACT CANCELLATION CONDITIONS

6.5 PROTEST FROM THE CONTRACTOR(S)

6.6 WAIVER

APPENDIX A –PROPOSED CONTRACT

ATTACHMENT 1 - PRE-BID CONFERENCE REGISTRATION FORM

ATTACHMENT 2 - ARCHITECTURAL DRAWINGS

ITB – Bannock County Road & Bridge Roof Page 1 of 20 August 29, 2025

1 ITB Administrative Information

ITB Title: Bannock County Road & Bridge Roof Public Works Project

ITB Project Description: Bannock County is requesting sealed bids to replace the roof on the Bannock County Road & Bridge building.

ITB Lead:

Shanda Crystal, Chief Procurement Officer Bannock County 624 East Center, Room 101 Pocatello, ID 83201 shandac@bannockcounty.gov 208-236-7214

Submit Bids:

Upload electronic bids and documents at https://bannockcounty.bonfirehub.com/portal/?tab=o penOpportunities

Publish Notice of ITB: August 29 and September 5, 2025

Pre-Bid Conference:

Location:

September 10, 2025, at 1:00 p.m. Mountain Time

Bannock County Road & Bridge 5500 South 5th Avenue Pocatello, ID 83204

Deadline To Receive Questions: September 15, 2025, at 5:00 p.m. Mountain Time

Deadline for County to Respond to Questions:

On or before September 18, 2025, at 5:00 p.m.

Mountain Time

ITB Closing Date: September 24, 2025, at 11:30 p.m. Mountain Time

Public Opening of ITB Date: September 25, 2025, at 10:00 a.m. Mountain Time

Contract Award Date (Anticipated): October 2, 2025 mailto:shandac@bannockcounty.gov https://bannockcounty.bonfirehub.com/portal/?tab=openOpportunities

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2 OVERVIEW

Purpose

Bannock County is requesting sealed bids from individuals, firms, partnerships or corporations having specific experience with removal and disposal of roofing materials and installing a new roof on the Bannock County Road & Bridge office located at 5500 South 5th Avenue, Pocatello, Idaho 83204.

Any bid submitted that does not provide a response to each of the required sections may be deemed as non-responsive and condition of rejection.

2.2 Pre-Bid Conference

A non-mandatory pre-bid conference will be held at the location and time indicated in Section 1, page 1 of this ITB. This will be your opportunity to tour the facility, take any measurements, and ask questions, in person, with the Bannock County staff. Any oral answers given by County staff during the pre-bid conference are unofficial, and will not be binding on the County.

All parties interested are invited to participate by attending the conference. Those choosing to participate are asked to pre-register by submitting the completed Attachment 1 - Pre-Bid Conference Registration Form via email to Shanda Crystal at shandac@bannockcounty.gov no later than September 8th at 5:00 p.m. Conference attendance is at the participant’s own expense.

2.3 Questions

2.3.1 This Solicitation is issued by the Bannock County Commissioners. The ITB Lead is the only contact for this Solicitation. All correspondence must be in writing. If it becomes necessary to revise any part of this ITB, addenda will be communicated to all respondents by addendum on Bannock County’s e- Procurement Portal at https://bannockcounty.bonfirehub.com/portal/?tab=openOpportunities . Each addendum becomes an integral part of this ITB and contains important information, including significant changes to this ITB. Bannock County will not accept any respondent’s communications by any other means, except as specifically stated in this ITB.

It is the responsibility of parties interested in this ITB to confirm with the ITB Lead regarding any updates or addendums. Any oral interpretations or clarifications of this ITB must not be relied upon. All changes to this ITB will be in writing and must be communicated to all known ITB Holders via the e-Procurement Portal to be valid. Alternate Bids are not allowed.

2.3.2 Questions or other correspondence must be submitted in writing to the ITB Lead electronically through the Opportunity Q&A on this Solicitation. Official answers to all written questions will be communicated to all respondents by posted addendum on Bannock County’s e-Procurement Portal.

QUESTIONS MUST BE RECEIVED BY 5:00 P.M. MOUNTAIN TIME ON THE DATE LISTED IN THE ITB

ADMINISTRATIVE INFORMATION.

2.3.3 Bids which condition the Bid based upon the County accepting other terms and conditions not found in the ITB, or which take exception to the County’s terms and conditions, will be found non-mailto:shandac@bannockcounty.gov

ITB – Bannock County Detention Center Roof Page 3 of 20 August 29, 2025 responsive, and no further consideration of the Bid will be given.

2.4 Bid Preparation Costs

Costs for developing bids pursuant to this ITB are entirely the contractor’s responsibility. They shall not be chargeable to the County. By submitting a bid, the contractor agrees that the contents of the submittals and any supporting analysis will become the property of Bannock County.

2.5 Interviews

As provided herein, interviews may be conducted with any or all responsive contractor(s) who’s bid is determined to be reasonably acceptable of being selected for award. The County will not be liable for any costs incurred by the contractor in connection with such interview (i.e. travel, accommodations, etc.).

2.6 Delivery to County

Bids will only be received by the County’s e-Procurement portal, Bonfire; no facsimile bids or other delivery methods will be accepted. It is the contractor’s responsibility to ensure that the bid is received prior to deadline.

2.7 Acceptance and Rejection

The County reserves the following rights:

To reject any or all bids, or any part thereof;

To reissue the Invitation to Bid;

To invite additional respondents to the ITB;

To request additional information and data from any or all respondents;

To extend the date for submission of responses;

To supplement, amend, or modify the ITB and cancel this request with or without the substitution of another ITB;

To disqualify any respondent who fails to provide information or data requested herein or who provides inaccurate or misleading information or data;

To disqualify any respondent based on any real or apparent conflict of interest;

To waive any minor defects in the submittal if this is to the advantage of the County; and

To accept the submittal that is in the best interest of the County.

The County's decision shall be final. The County's waiver of a minor defect shall not modify the ITB or excuse the contractor from full compliance with its obligations if the contractor is awarded the contract.

The County reserves the right to let separate agreements on any aspect of the work.

Bids that contain false or misleading statements or provide references that do not support an attribute or condition claimed by the Contractor may be rejected. If, in the opinion of the County, such information was intended to mislead the County in its evaluation of the Contractor, the statement shall be rejected.

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2.8 Disclosure of Contractor’s Confidential Information

Be advised that all information contained in bids submitted in response to this solicitation may be subject to the Idaho Public Records Request Act, Idaho Code §74-102, and information use and disclosure are governed by this Act.

Bids will be kept confidential until negotiations and recommendation of award are completed by the County.

At that time, all bids and documents pertaining to the bids will be open to the public, except for material that is clearly marked proprietary or confidential.

2.9 Signature of Contractor’s Agent

Each bid and any clarification to that statement shall be signed by an officer of the Contractor or a designated agent empowered to bind the Contractor in a contract.

2.10 Single Bid Response

If only one bid is received in response to the invitation to bid, a detailed cost proposal may be requested of the single Bidder. A cost/price analysis and evaluation and/or audit may be performed of the cost proposal in order to determine if the price is fair and reasonable.

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3 INSTRUCTIONS FOR SUBMISSION OF BID

3.1 Submission of Bids

Bids must be submitted online through Bannock County’s e-Procurement Portal. Upload electronic bids and documents at https://bannockcounty.bonfirehub.com/portal/?tab=openOpportunities. Should there be any doubt as to any meaning or intent of any ITB statement or provision, the contractor should submit their inquiries in writing as prescribed. No changes may be made in the phraseology of the forms nor may the contractor add any phraseology conditioning the acceptance of the award.

Browser cookies must be enabled. Respondents should contact Bonfire at Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc .

3.2 File Format

Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal; the maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

3.3 Submission Modification

Contractors can modify their submissions up to the Submission Deadline listed for this Solicitation directly through the e-Procurement Portal. Any Bid may be withdrawn prior to the scheduled date and time set for the Bid opening by clicking un-submit within the e-Procurement Portal by the bidder or their authorized agent. No Bid may be withdrawn after the date and time set for the Bid opening.

If your Bid contains trade secret information which you have identified, you must also submit a redacted copy of the Bid (in electronic format, with the word “redacted” in the file name) with all trade secret information removed or blacked out; as well as a separate document containing a complete list (per the instructions in Section 4.7, below) of all trade secret information which was removed or blacked out in the redacted copy.

3.4 Timely Submission

Contractors are solely responsible to ensure timely submission of their Bids to the County via the eProcurement Portal as given in this solicitation. Bids must be uploaded, submitted, and finalized prior to the Closing Date and time listed in the ITB Administrative Information. It is strongly recommended that contractors give themselves sufficient time and at least ONE (1) day before the Closing Date to begin the uploading process and to finalize their submissions.

The County’s e-Procurement Portal clock is the official clock for the determination of all deadline dates and times. Without exception, Bids will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections.

Bannock County assumes no responsibility for the failure of any computer or other equipment to deliver all or a portion of the Bid at the time and in the manner required by the solicitation. Neither Bonfire, nor https://bannockcounty.bonfirehub.com/portal/?tab=openOpportunities mailto:Support@GoBonfire.com https://bonfirehub.zendesk.com/hc

ITB – Bannock County Detention Center Roof Page 6 of 20 August 29, 2025 the County warrant that access to and use of the Bonfire website will be free from interruptions or free from errors, nor shall Bonfire or the County be responsible for any inadvertent disclosure of Bid repository information or any unauthorized access to Bid repository information by third persons.

In the case of disruption of electronic communications or loss of services by Bonfire within two (2) hours prior to the deadline for submission of bids, the County will delay the deadline for bid submissions to ensure the ability of potential contractors to submit bids. If this occurs, instructions will be communicated to known Plan Holders.

3.5 Additional Information

a) It is the contractor’s responsibility to furnish the County with sufficient data to determine whether or not the products(s), service(s), and/or supplies offered conform to the specified requirements.

b) The County will not be liable for any cost incurred in the preparation of bids.

c) The submission of a bid shall be prima facie evidence that the contractor has full knowledge of the scope, nature, quantity and quality of work to be performed; the detailed requirements of the specifications; and the conditions under which the work will be performed.

d) The contractor shall furnish the County such additional information as the County may reasonably require.

e) The County reserves the right to conduct personal interviews of any or all contractors prior to selection. The County will not be liable for any costs incurred by the contractor in connection with such interview (i.e., travel, accommodations, etc.).

f) The County reserves the right to conduct pre-contract negotiations with any or all potential contractors.

g) The County reserves the right to reject any or all bids, the right of the County in its sole discretion to accept the bid(s) it considers most favorable to the County's interest and the right to waive minor irregularities in the procedures. The County further reserves the right to reject all bids and seek new bids when such procedure is reasonably in the best interest of the County.

h) Certain financial information of the County, including financials and budgets, can be accessed at https://www.bannockcounty.us/auditor/.

3.6 Negotiations

Discussions and best and final offers cannot be guaranteed to occur.

https://www.bannockcounty.us/auditor/

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4 MANDATORY SUBMISSION REQUIREMENTS

4.1 Cover Letter

The bid must include a cover letter on the official letterhead of the contractor; with the contractor’s name, mailing address, telephone number, e-mail address, and name of contractor’s authorized signer. The cover letter must identify the ITB Title, and must be signed by an individual authorized to commit the contractor to the work proposed. In addition, the cover letter must include:

4.1.1 Identification of the contractor’s corporate or other legal entity status. Contractors must include their tax identification number. The contractor must be a legal entity with the legal right to contract.

4.1.2 A statement indicating the contractor’s acceptance of and willingness to comply with the requirements of the ITB, attachments, and addendum(s).

4.1.3 A statement of the contractor’s compliance with affirmative action and equal employment regulations.

4.1.4 A statement that contractor has not employed any company or person other than a bona fide employee working solely for the Contractor or a company regularly employed as its marketing agent, to solicit or secure the Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the contractor or a company regularly employed by the contractor as its marketing agent, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award of the Contract. The contractor must affirm its understanding and agreement that for breach or violation of this term, the County has the right to annul the Contract without liability or, in its discretion, to deduct from the Contract price the amount of any such fee, commission, percentage, brokerage fee, gifts or contingencies.

4.1.5 A statement that contractor is not currently suspended, debarred or otherwise excluded from federal or state procurement and non-procurement programs. Contractor information is available on the Internet at: https://sam.gov.

4.1.6 A statement affirming the bid will be firm and binding for six (60) calendar days from the Bid opening date.

4.1.7 A statement that the contractor warrants that it does not knowingly and willfully employ persons who cannot legally work in this country; it takes steps to verify that it does not hire persons who have entered our nation illegally or cannot legally work in the United States; and that any misrepresentation in this regard or any employment of persons who have entered our nation illegally or cannot legally work in the United States constitutes a material breach and will be cause for the imposition of monetary penalties up to five percent (5%) of the Contract price, per violation, and/or termination of its Contract.

4.2 Acknowledgement of Addendum(s)

If the ITB is amended, the contractor must acknowledge each addendum(s) by confirming yes to the question in Bonfire portal. Failure to respond ‘yes’ to the question regarding addendum(s) acknowledgement with the bid may result in the bid being found non-responsive.

https://sam.gov/

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4.3 Authorized to Bind the Contractor

Contractor must acknowledge they are authorized to bind the named Bidder to the bid submitted by confirming yes to the question in the Bonfire portal. Failure to respond ‘yes’ to the question regarding authority to bind contractor may result in the bid being found non-responsive.

4.4 Conflict of Interest

Contractor must acknowledge the company does not have a conflict of interest in submitting a bid for this solicitation, either perceived or real by confirming yes to the question in the Bonfire portal. Failure to respond ‘yes’ to the question regarding conflict of interest may result in the bid being found non-responsive.

4.5 Bid Rigging

Contractor must acknowledge they did not secretly conspire with other contractor(s) to agree in advance who will submit the winning bid, otherwise known as bid rigging, by confirming yes to the question in the Bonfire portal. Failure to respond ‘yes’ to the question regarding bid rigging may result in the bid being found non-responsive.

4.6 Barred or Suspended

Contractor must acknowledge they are not barred nor suspended from doing business with the Federal Government as confirmed using the website https:\\www.sam.gov by confirming yes to the question in the Bonfire portal. Failure to respond ‘yes’ to the question regarding being barred or suspended may result in the bid being found non-responsive.

4.7 Public Works License

Include a copy of your current Public Works License (minimum class CC) and the public works license for each proposed sub-contractor.

4.8 Performance and Payment Bond

Before a contract is signed, the successful contractor must furnish a performance and payment bond by a cashier’s check or bond (with authorized surety company) made payable to Bannock County in an amount not less than a hundred percent (100%) of the total value of the project pursuant to Idaho Code §54-1926. The successful bidder will receive their bond back upon successful completion and implementation of the contract.

Contractor must acknowledge they have the bonding capacity for the full project, by confirming yes to the question in the Bonfire portal. Failure to respond ‘yes’ to the question regarding bond capacity may result in the bid being found non-responsive.

4.9 Certificate of Insurance

Before a contract is signed, the successful proposer must furnish a certificate of insurance in accordance

ITB – Bannock County Detention Center Roof Page 9 of 20 August 29, 2025 with insurance requirements set forth in Appendix A – Proposed Contract. Contractor must acknowledge the insurance requirements by confirming yes to the question in the Bonfire portal. Failure to respond ‘yes’ to the question regarding insurance may result in the bid being found non-responsive.

ITB – Bannock County Detention Center Roof Page 10 of 20 August 29, 2025

5 SCOPE OF WORK

5.1 Scope of Work

The scope of services requested by this ITB is to provide the following professional and expert services:

1. Remove existing mechanically fastened EPDM membrane, wood fiber board, and BUR to existing wood deck.

2. Over entire roof, provide and install new mechanically fastened ½” cover board and 60 mil PVC membrane with new drip edge.

3. Remove existing abandoned rooftop equipment and patch roof as shown.

4. Provide new antenna mast and coordinate new dish mounts with owner.

5. All roofing and flashing to be per manufacturers standard details and to include manufacture 20-year warranty and 2-year contractor warranty.

6. Roofing contractor to be certified by manufacturer.

See Attachment 2 – Architectural Drawings for additional details.

5.2 Equivalent

Unless otherwise stated, the use of a manufacturer’s name and product numbers are for descriptive purposes only and for establishing general quality levels only. They are not intended to be restrictive.

Bidders are required to state exactly what they intend to furnish; otherwise, it is fully understood that they shall furnish all items, as stated.

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6 CONTRACTUAL AGREEMENT

6.1 Method of Award

The contract will be awarded to the qualified bidder submitting the lowest bid price complying with the bidding procedures and meeting the specifications for the goods sought to be procured.

Award of a contract pursuant to this procurement may be delayed, without penalty, for up to sixty (60) calendar days after the date of bid opening.

6.2 Trade Secrets

Identify each page of the bid that you believe contains a “trade secret” within the definitions of the Idaho Public Records Act. Contractors must:

6.2.1 Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret.”

6.2.2 Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret information noted in your bid; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the County’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure and how the exempting the material complies with the Public Records Law.

6.2.3 Indemnify and defend the County against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring a “trade secret” designation and exemption from public disclosure; or for the Contractor’s failure to designate individual documents as exempt from public disclosure. The Contractor’s failure to designate as exempt any document or portion of a document released by the County shall constitute a complete waiver of all claims for damages caused by such release. If the County receives a request for materials claimed exempt by the Contractor, the Contractor shall provide the legal defense for such claim.

6.3 Contract Monitoring

Contractor shall be responsible for the completion of all work services set out in the contract. All work services are subject to inspection, evaluation, and acceptance by the County. The County may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. At reasonable times, the County may inspect those areas of the contractor’s place of business related to the performance of the contract. If the County requires such an inspection, the Contractor shall provide reasonable access and assistance.

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6.4 Contract Cancellation Conditions

A contract may be terminated in part or in its entirety by the County upon written notice for a violation of contract conditions.

6.5 Protest from the Contractor

Any protests concerning the specifications, bid procedures, or method of evaluation must be made in writing and received by the County at least three (3) business days before the date and time upon which bids are scheduled to be opened. Failure to timely raise such protest in writing shall be deemed to operate as a waiver as to any objections that may have been raised on the part of the proposer.

6.6 Waiver

Specifications and manufacturer’s models noted in this bid are those that are acceptable to the County.

All deviations from these specifications must be listed. Failure to list all deviations from the specifications is an informality and irregularity which shall be a basis for the County to deem that bid void and non-responsive, unless such deviations are waived by the County.

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APPENDIX A – PROPOSED CONTRACT

AGREEMENT made between Bannock County, a political subdivision of the state of Idaho, herein "COUNTY" and _________________ herein "CONTRACTOR".

THE PARTIES AGREE AS FOLLOWS:

1. SCOPE OF WORK: COUNTY engages CONTRACTOR to perform the work associated with the

Bannock County Road & Bridge Roof Invitation to Bid as referenced and incorporated hereto.

2. EFFECTIVE DATE: Contract for said services rendered from date contract is fully executed through March 1, 2026.

3. COMPENSATION: COUNTY agrees to pay CONTRACTOR for their services rendered under this Agreement an amount not to exceed the total sum of $ ____________________ . The parties agree that CONTRACTOR will invoice COUNTY for payment under this Agreement for services rendered herein. CONTRACTOR verifies that it has reviewed the scope of work to be performed under this Agreement and agrees that in CONTRACTOR’s professional judgement, the work can and shall be completed for costs within the maximum amount set forth in this Agreement.

4. NOTICES: Any and all notices required or permitted to be given by either party hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows:

Bannock County (CONTRACTOR’s Information) Commission Office 624 East Center, Room 101 Pocatello, Idaho 83201

Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner provide by Section 4 (Notices) herein.

5. INDEPENDENT CONTRACTOR RELATIONSHIP: CONTRACTOR is an independent

CONTRACTOR and is not an employee, servant, agent, partner, or joint venture of COUNTY. COUNTY shall determine the work to be done by CONTRACTOR, but CONTRACTOR shall determine the legal means by which it accomplishes the work specified by COUNTY.

6. BACKGROUND CHECKS: CONTRACTOR will supply COUNTY with information needed to process a background check on CONTRACTOR employees working under this agreement.

7. BEST EFFORTS: CONTRACTOR represents that CONTRACTOR will always faithfully, industriously and to the best of its ability, experience and talent, perform to COUNTY’s reasonable satisfaction.

8. INSPECTION: COUNTY staff and engineer will inspect area as project progresses and inform CONTRACTOR of any deficient or unsatisfactory services by text or email.

9. FEDERAL, STATE, AND LOCAL PAYROLL TAXES: Neither federal, state or local income taxes, nor payroll taxes of any kind shall be withheld and paid by COUNTY on behalf of CONTRACTOR or the employees of CONTRACTOR. CONTRACTOR shall not be treated as an employee with respect to the services performed hereunder for federal or state tax purposes. CONTRACTOR understands that it is responsible to pay, according to law, CONTRACTOR's income tax. CONTRACTOR further understands that it may be liable for self-employment (Social Security) tax to be paid by CONTRACTOR according to law.

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10. LICENSES AND LAW: COUNTY relies upon CONTRACTOR’s professional ability and training as material inducement to enter into this agreement. CONTRACTOR represents that it possesses the skill and experience necessary, and all licenses required to perform the services under this agreement.

CONTRACTOR further agrees to comply with all applicable laws in the performance of the services hereunder. COUNTY’s acceptance of CONTRACTOR’s work shall not constitute a waiver or release of CONTRACTOR from professional responsibility.

11. FRINGE BENEFITS: Because CONTRACTOR is engaged in its own independently established business, CONTRACTOR is not eligible for, and shall not participate in, any employee pension, health, or other fringe benefit plans of COUNTY.

12. WORKER'S COMPENSATION: CONTRACTOR shall maintain in full force and effect worker's compensation for CONTRACTOR and any agents, employees, and staff that the CONTRACTOR may employ, and provide proof to COUNTY of such coverage or that such worker's compensation insurance is not required under the circumstances.

13. EQUIPMENT, TOOLS, MATERIALS OR SUPPLIES: CONTRACTOR shall supply, at CONTRACTOR's sole expense, all equipment, tools, materials and/or supplies to accomplish the services to be provided.

14. FORCE MAJEURE: This Agreement is subject to force majeure, including without limitation, accidents, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm, weather conditions, orders or acts of military or civil authority, national emergencies, insurrections, riots, wars, or other delays beyond the reasonable control of the parties. The CONTRACTOR shall not be held responsible for reasonable delays caused by such events but shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance. Shortage of available labor shall not be considered excusable under this force majeure clause.

15. ASSIGNMENT: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of COUNTY.

16. CHANGES: COUNTY may, from time to time, request changes in the Services to be performed hereunder. Such changes, and any increase or decrease in CONTRACTOR’S compensation, shall be effective only if they are in the form of mutually executed written amendment(s) to this Agreement.

The party desiring the revision shall request amendment(s) to the terms and conditions of this

Agreement in writing. Any adjustment to this Agreement shall be effective only upon the parties’ mutual execution of an amendment in writing.

No verbal agreements or conversations prior to execution of the Agreement or requested amendment shall affect or modify any of the terms or conditions of this Agreement unless reduce to writing according to the applicable provisions of this Agreement.

17. NON-APPROPRIATION: Expenditures not appropriated by COUNTY in it’s current fiscal year budget are deemed to be contingent liabilities only and are subject to appropriation in subsequent fiscal year budgets. In the event no funds or insufficient funds are appropriated and budgeted in any subsequent fiscal period by COUNTY for performance under this Agreement, COUNTY shall notify the other party(ies) and this Agreement shall terminate. Payments under this agreement shall be completed to the date of notification, except that no payment shall be made or due under this Agreement beyond those amounts appropriated and budgeted by COUNTY to fund payments under this Agreement.

18. REMEDIES FOR NON-PERFORMANCE: In the event the CONTRACTOR fails to perform the services required under this Agreement in accordance with its terms, the COUNTY may, after providing

ITB – Bannock County Detention Center Roof Page 15 of 20 August 29, 2025 written notice of such failure and a reasonable opportunity to cure (not to exceed three [3] calendar days unless otherwise agreed), exercise one or more of the following remedies:

1. Require the CONTRACTOR to promptly re-perform, at no additional cost to the COUNTY, any work determined to be deficient or unsatisfactory;

2. Withhold payment, in whole or in part, until such deficiencies are corrected;

3. Obtain substitute services from another source, and charge the CONTRACTOR for any additional costs incurred by the County;

4. Pursue any other remedy available at law or equity.

If, in the sole discretion of the COUNTY, the CONTRACTOR’s failure to perform creates an immediate risk to public health, safety, or the protection of COUNTY facilities, the COUNTY may, without prior notice, obtain substitute janitorial services and charge the CONTRACTOR for any and all costs incurred.

Repeated or material failures by the CONTRACTOR to provide services in accordance with the Agreement shall constitute cause for termination. Upon such termination, the COUNTY may procure substitute janitorial services and the CONTRACTOR shall be liable for any additional costs incurred by the COUNTY through the completion of the contract term.

19. CUMULATIVE REMEDIES: The remedies provided herein shall be cumulative and not exclusive, and the COUNTY’s decision to exercise any remedy shall not be deemed a waiver of its right to pursue additional remedies.

20. TERMINATION FOR CAUSE: If, through any cause, CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if CONTRACTOR shall violate any of the covenants, agreements, or stipulations, of this Agreement, COUNTY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination, If this Agreement is terminated for cause, CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

Notwithstanding the above, CONTRACTOR shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by CONTRACTOR, and COUNTY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due COUNTY from CONTRACTOR is determined. This provision shall survive the termination of this Agreement and shall not relieve CONTRACTOR of its liability to COUNTY for damages.

21. TERMINATION FOR CONVENIENCE: Either COUNTY or CONTRACTOR may terminate this Agreement at any time by giving at least fifteen (15) days’ notice in writing. If the Agreement is terminated by COUNTY as provided herein, CONTRACTOR will be paid an amount which bears the same ratio to the total compensation as the work actually performed bear to the total services of CONTRACTOR covered by this Agreement, less payments of compensation previously made. If this Agreement is terminated due to the fault of CONTRACTOR, Section 20 (Termination for Cause) hereof relative to termination will apply.

22. WARRANTY: CONTRACTOR warrants that all materials and goods supplied under this

Agreement shall be of good merchantable quality and that all services will be performed in a good workmanlike manner. CONTRACTOR acknowledges that it will be liable for any breach of this warranty.

23. INDEMNITY AND INSURANCE PROVISIONS: As respects all acts or omissions which do not arise directly out of the performance of professional services including, but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONTRACTOR agrees to

ITB – Bannock County Detention Center Roof Page 16 of 20 August 29, 2025 indemnify, defend (at COUNTY's option), and hold harmless COUNTY, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with CONTRACTOR's (or CONTRACTOR's subcontractors, if any) performance or failure to perform, under the terms of this contract; excepting those which arise out of the sole negligence of COUNTY.

Without limiting COUNTY's right to indemnification, it is agreed that CONTRACTOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under this Agreement and the result of that work by CONTRACTOR, CONTRACTOR’s agents, representatives, employee, or sub-CONTRACTORs. Minimum insurance coverage as follows:

1. Worker's compensation insurance as required by Idaho statutes.

2. Comprehensive general liability insurance or commercial general liability insurance, including coverage for premises, operations, products and completed operations, contractual liability, personal injury liability, products/completed operations liability, broad-form property damage (if applicable) and independent CONTRACTOR's liability (if applicable), in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury and property damage, or the full per occurrence limits of the policy, whichever is greater, combined single limit, written on an occurrence form.

3. Comprehensive automobile liability coverage including, as applicable, owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage, combined single limit, written on an occurrence form.

COUNTY is hereby authorized to reduce the requirements set forth above in the event it determines that such reduction is in COUNTY's best interest.

Each insurance policy required by this Agreement shall contain the following clauses:

1. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Auditing Department of COUNTY.

2. It is agreed that any insurance maintained by COUNTY shall apply in excess of and not contribute with insurance provided by this policy.

Each insurance policy required by this Agreement, excepting policies for worker's compensation, shall contain the following clause:

COUNTY, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of, the named insured, performed under contract with COUNTY. Prior to commencing any work under this Agreement, CONTRACTOR shall deliver to COUNTY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONTRACTOR shall provide to COUNTY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signature’s company affiliation and title. Should it be deemed necessary by COUNTY, it shall be CONTRACTOR's responsibility to see that COUNTY receives documentation acceptable to COUNTY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. Also, COUNTY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

ITB – Bannock County Detention Center Roof Page 17 of 20 August 29, 2025

In addition to any other remedies COUNTY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, COUNTY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

a. Order CONTRACTOR to stop work under this Agreement and/or withhold any payment(s) which become due to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance with the requirements hereof.

b. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies COUNTY may have and is not the exclusive remedy for CONTRACTOR's failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONTRACTOR may be held responsible for payments of damages to persons or property resulting from CONTRACTOR's, or its subcontractor's, performance of the work covered under this Agreement.

If CONTRACTOR maintains higher limits than the minimums shown above, COUNTY is entitled to coverage for the higher limits maintained by CONTRACTOR. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to the COUNTY. No representation is made that the minimums shown above are sufficient to cover the indemnity or other obligations of the CONTRACTOR under this Agreement.

24. NONWAIVER: Failure of either party to exercise any of the rights under this Agreement, or breach thereof, shall not be deemed to be a waiver of such right or a waiver of any subsequent breach.

25. CHOICE OF LAW: The parties have executed and delivered this Agreement in the County of Bannock, State of Idaho. The laws of the State of Idaho shall govern the validity, enforceability, or interpretation of the Agreement. Bannock County shall be the venue for any action or proceeding, in law or equity that may be brought in connection with this Agreement. Any dispute under this Agreement, or related to this Agreement, shall be decided in accordance with the laws of the State of Idaho.

26. CONFLICTS IN THE AGREEMENT DOCUMENTS: The Agreement documents are intended to be complementary and interpreted in harmony so as to avoid conflict. In the event of conflict in the Agreement documents, the parties agree that the document providing the highest quality and level of services to the County shall supersede any inconsistent term in these documents.

27. ANTI-BOYCOTT AGAINST ISRAEL ACT: If this Agreement has a total potential value of

$100,000 or more and if CONTRACTOR is a company with ten (10) or more employees, then pursuant to Idaho Code §67-2346, CONTRACTOR affirmatively states that it does not boycott Israel and will not boycott Israel during the term of this Agreement. In this paragraph, the terms “company” and “boycott Israel” shall have the meanings described in Idaho Code §67-2346.

28. ENTIRE AGREEMENT: This is the entire Agreement, including any exhibits referenced, between the parties and there are no inducements, promises, terms, conditions, or obligations made or entered into by COUNTY or CONTRACTOR other than those contained in it. Parties acknowledge this Agreement can only be modified or amended in writing by the parties.

29. SEVERABILITY: If any part of this Agreement is held unenforceable, the remaining portions of the Agreement will nevertheless remain in full force and effect.

30. ATTORNEY FEES: Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination of this Agreement.

ITB – Bannock County Detention Center Roof Page 18 of 20 August 29, 2025

31. SIGNATURE AUTHORITY: The parties executing this agreement certify that they have the proper authority to bind their respective entities to all terms and conditions set forth in this agreement.

ITB – Bannock County Detention Center Roof Page 19 of 20 August 29, 2025

ATTACHMENT 1 - PRE-BID CONFERENCE REGISTRATION FORM

Verbal Information: Questions concerning an ITB must be directed in writing to the ITB Lead in the period of time prescribed in the ITB document. Bids, Bids, or Quotations deviating from the specifications by any means other than an authorized written addendum will be subject to rejection. Bannock County will not be responsible for any verbal or oral information given to Contractors by anyone other than an authorized purchasing official. Reliance on any verbal representation is at the Vendor’s sole risk.

Potential Offerors choosing to participate in the Pre-Bid Conference are asked to pre-register by submitting this completed form, via e-mail, to the ITB Lead at shandac@bannockcounty.gov. Please indicate in the appropriate column the number of attendees. Attendees are asked to register for the Pre- Bid Conference no later than September 8, 2025, at 5:00 p.m. Mountain Time.

PLEASE PRINT:

Name Company Email Address Phone

Number

Attending

PRE-BID CONFERENCE Date: Wednesday, September 10, 2025, at 1 p.m. Mountain Time

Bannock County ITB Title: Road & Bridge Roof mailto:shandac@bannockcounty.gov

ITB – Bannock County Detention Center Roof Page 20 of 20 August 29, 2025

ATTACHMENT 2 – ARCHITECTURAL DRAWINGS

ORIGINAL SIGNED BY:

TED L. BOOTH

DATE ORIGINAL

SIGNED:

ON FILE AT:

BOOTH

ARCHITECTURE

08-25-2025E

Date

Sheet No.

A rc h it ec tu re

BO

O

TH

(2

) 2

-4

P ho ne

P oc at el lo

Id ah o

E as t C la rk S tre et

, S ui te A

(2

) 2

-0 te d@ bo ot ha rc hi te ct ur e.

co m

Fa x em ai l

PL

LC

DRAWING SCALE

APPLIES TO

24"x36" SHEET SIZE

ORIGINAL SIGNED BY:

TED L. BOOTH

DATE ORIGINAL

SIGNED:

ON FILE AT:

BOOTH

ARCHITECTURE

A1.0 08-25-2025

P oc at el lo , I da ho

S th A ve nu e R er oo f B an no ck R oa d

B rid ge

R er oo fin g P ro je ct fo r:

Roof Plan

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NORTH

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ROOF PLAN

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SCALE:

AutoCAD SHX Text Approximate Roof Area: 15,831 sq.ft.

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AutoCAD SHX Text Drawing Notes: 1. Remove existing ballasted dish mount. Return mount to owner. New or existing dish to Remove existing ballasted dish mount. Return mount to owner. New or existing dish to be relocated to new mast by owner. New mast to be furnished and installed by contractor. 2. Remove existing (3) penetrations, roof over. Remove existing (3) penetrations, roof over. 3. Existing antenna tower and penetrations to be removed, roof over. Existing antenna tower and penetrations to be removed, roof over. 4. Remove existing abandoned RTU and curb. Remove existing abandoned RTU and curb. 5. Remove existing abandoned duct and infill deck per detail J/A2.0. Remove existing abandoned duct and infill deck per detail J/A2.0. 6. Existing gutters and downspouts to remain. Existing gutters and downspouts to remain. 7. Existing wall mounted antenna mast to remain, flash wall penetration similar to E/A2.0 Existing wall mounted antenna mast to remain, flash wall penetration similar to E/A2.0 8. New PVC conduit gooseneck per H/A2.0 New PVC conduit gooseneck per H/A2.0 9. New dish mast per K/A2.0New dish mast per K/A2.0

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