2-Bid26037 Specifications.pdf

Request for Bid

BID 26037

ADA COUNTY 400 BENJAMIN ROOF

REPLACEMENT 2026

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

Issued: March 10, 2026

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

REQUEST FOR BID

Bid 26037

Ada County 400 Benjamin Roof Replacement 2026

The Board of Ada County Commissioners will receive and publicly open, sealed and clearly marked bids for Bid 26037 Ada County 400 Benjamin Roof Replacement 2026.

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 March 30, 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. Bids will be publicly opened and the names of participating vendors read aloud on March 31, 2026, on or about 9 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 W.

Front Street, Boise, ID 83702. The bid opening may also be viewed at:

https://www.youtube.com/channel/UCmREyet73vxhBFCffWClEKA. The Board of Ada County Commissioners reserves the right to accept or reject any or all bids.

Information and specifications for above named bid may be downloaded free of charge at https://adacounty.bonfirehub.com.

On March 18, 2026, at 9:00 a.m. local time, there will be a mandatory pre-bid meeting at the Ada County Benjamin Campus, 400 N. Benjamin Ln., Boise, ID 83704. Vendors are to meet outside of the Ada County Elections Office. You are requested to have thoroughly reviewed the bid packet prior to the meeting.

Auxiliary aids or services for persons with disabilities are available upon request. Please contact Procurement at (208) 287-7140 to make arrangements.

Rod Beck, Chair

Publish: March 10, 2026 and March 17, 2026 https://adacounty.bonfirehub.com/ https://www.youtube.com/channel/UCmREyet73vxhBFCffWClEKA

BID 26037 INSTRUCTIONS TO BIDDERS – PAGE 1

INSTRUCTIONS TO BIDDERS

BID 26037

ADA COUNTY 400 BENJAMIN ROOF REPLACEMENT 2026

OWNER: Ada County

PROJECT: Ada County 400 Benjamin Roof Replacement 2026

ADDRESS: 400 N. Benjamin Ln., Boise, ID 83704

ARCHITECT: Cole Architects, PLLC

OWNER’S

REPRESENTATIVE: Josh Brown, Senior Project Manager, Ada County Operations

1. Summary of the Work. The Work to be included in the Construction Contract is generally described as: providing all materials and labor for the replacement of the existing roof at

400 N. Benjamin Ln., Boise, ID 83704, as more specifically detailed in the Project Manual specifications and drawings (the “Project”).

2. Bids.

a. In compliance with Idaho Code § 67-2805(2), bids for the construction of the above-named Project, in accordance with the Contract Documents, as provided in the Project Manual and any addenda issued subsequent thereto (“Bids”), will be received online to Ada County

Procurement at https://adacounty.bonfirehub.com no later than 4:00 p.m. local time, on March 30, 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. Bids will be publicly opened and read aloud on March 31, 2026, on 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 W. Front Street, Room 3255, Boise, ID 83702. The Bid opening meeting may also be viewed via livestream at:

BID 26037 INSTRUCTIONS TO BIDDERS – PAGE 2

https://www.youtube.com/channel/UCmREyet73vxhBFCffWClEKA.

b. Bids will be received for the Project as described in the Project Manual entitled

Bid 26037 Ada County 400 Benjamin Roof Replacement 2026 (the “Project Manual”), including addenda issued subsequent thereto.

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 Total Bid Amount (BT-53YQ) is required to be completed on Bonfire for submission of Bid amounts, in addition to the upload of the Bidder’s Bid Form in the Bid Packet. Please see Bid Submission Instructions, Exhibit A, for instructions regarding the electronic submission of Bids. A signed Bidder’s Bid Form must be uploaded electronically as set forth herein. Failure to do so will render a Bid non-responsive.

d. No Bid will be considered unless submitted as required herein.

e. Before being uploaded to the Bonfire platform, all forms must be completely filled out in ink or typewriting with signature in long hand, and the completed forms shall be without interlineations, alterations, or erasure. Forms shall contain no recapitulation of the work to be done.

f. The Total Bid Amount shall include an Owner’s Contingency Allowance of

Fifty Thousand Dollars ($50,000.00), added to the Base Bid Amount. Said Contingency Allowance is to be used as directed by the Owner for Owner’s purposes, and only by Change Orders that indicate the amounts to be charged to the Contingency Allowance. Any and all unused amounts remaining from the Contingency Allowance upon completion of the Project shall be credited to the Owner by deductive Change Order.

g. Bidders shall:

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

BID 26037 INSTRUCTIONS TO BIDDERS – PAGE 3

(ii) attend the mandatory pre-bid meeting at the Ada County Benjamin Campus, to commence in front of the Ada County Elections Office, located at 400 N. Benjamin Ln., Boise, ID 83704, on March 18, 2026 at 9:00 a.m. local time, and fully inform themselves as to the existing conditions and limitations;

(iii) include in the Bids sums to cover the cost of all items contemplated by the Contract Documents, including any Contingency Allowance; The Contract Documents include the Bid Documents, Addenda, Construction Contract, the plans and specifications for the Project, plus any additional documents included by the Owner; and

(iv) make certain that they can meet the Project milestones established in the Contract Documents.

h. The Bidder awarded the Fixed Price Construction Contract (“Construction

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

Construction Contract is attached hereto as Exhibit B.

i. No Bid shall be withdrawn for a period of thirty (30) days after the time scheduled for receipt of Bids.

j. An electronic copy of all information and specifications for the Project may be obtained free of charge at https://adacounty.bonfirehub.com.

k. Data contained in the Bid and all documentation provided therein becomes property of the County and the data becomes public information. If the 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 inspection. Should Ada County be challenged in court by a third party for a decision to withhold or

BID 26037 INSTRUCTIONS TO BIDDERS – PAGE 4

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-53YQ) 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 taxes which are levied by Federal, State, or Municipal Governments upon labor and for material entering into the Work, including materials purchased by Owner, if any, and the Contractor shall pay all such taxes and show evidence of payment as described in the Construction Contract. Bidders are referred to Idaho Code § 63-3609 for further information.

4. Condition Precedent for Public Works Contract. Bidders must, as a condition precedent to entering into the Construction Contract, review and comply with Idaho Code § 63-1502.

5. Right to Reject Bids. The right to reject any or all Bids or to accept the Bid judged by the Owner as most satisfactory for its requirements is expressly reserved by the Owner. The

Owner reserves the right, in its sole discretion, to waive any technical defect in Bids received when the defect is deemed immaterial to the potential acceptance of the Bid by the Owner, and a waiver of the defect would not give the Bidder an unfair advantage in the bid process.

6. Objections to Specifications. Written objections to specifications or bidding procedures must be received by Ada County Procurement at least three (3) business days before the date and time the Bids are scheduled to be received.

7. Requirements for Signing Bids. A signature on the Bid Form certifies that Bidder accepts and agrees to the terms, conditions and requirements contained in this solicitation, BID 26037 INSTRUCTIONS TO BIDDERS – PAGE 5 including but not limited to, the Contract Documents and these Instructions to Bidders. Further, signing party certifies that it is authorized to sign and submit this Bid on behalf of the Bidder, and further acknowledges that he/she is responsible for reviewing and acknowledging any addenda that have been issued for the solicitation.

8. Explanation to Bidders and Addenda.

a. A mandatory pre-bid meeting will be held for all potential Bidders on March

18, 2026, at 9:00 a.m. local time, at the Ada County Benjamin Campus, located at 400 N. Benjamin

Ln., Boise, ID 83704, to commence in front of the Ada County Elections Office. Potential Bidders will be given the opportunity to view the Project areas and ask questions of County staff managing the Project. Bidders interested in bidding on the Project must attend. A Bid from a Bidder failing to attend the mandatory pre-bid meeting shall be deemed non-responsive.

b. Prior to or following the pre-bid meeting, neither the Owner nor the Owner’s

Representative will give verbal answers to any inquiries regarding the meaning of the Contract

Documents or provide verbal instructions prior to the award of the Construction Contract. Any verbal statement regarding same by any persons, prior to the award, shall be unauthoritative.

c. Any and all questions, substitution requests, 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 March 20, 2026, 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 March 24, 2026. Notice of any addenda will be sent to only those individuals who have registered as a vendor on Bonfire for this Project.

d. All addenda issued to Bidders prior to date of receipt of Bids shall become a part of these Instructions and/or the Contract Documents and all Bids are to include the work

BID 26037 INSTRUCTIONS TO BIDDERS – PAGE 6

described in all addenda issued. Each Bid submitted must specifically list all addenda in the Bidder’s

Bid Form.

9. Qualifications of Bidders.

a. Bidders, and all subcontractors and specialty contractors, must be licensed in the State of Idaho in accordance with the Public Works Contractor Act, Idaho Code §§ 54-1901 et seq. The Owner waives the requirements of Idaho Code § 54-1902(2) that the Contractor self-perform at least 20% of the work. Bidders are invited to consult with the Idaho Division of

Occupational and Professional Licenses for further requirements of state law. Bidders shall enter on their Bid Form each HVAC, plumbing or electrical subcontractor called for on the Bid Form that the

Bidder proposes to use during construction, the amount of the subcontract, and the subcontractor’s address. This includes any Owner required subcontractors that are identified in the plans or specifications. If the Bidder intends to self-perform any HVAC, plumbing or electrical work, both the Bidder’s public works license number and the trade license number for the HVAC, plumbing or electrical work to be self-performed must be stated on the Bid Form. Failure to list each subcontractor trade, subcontract amount, the Bidder’s current public works license number, and the Bidder’s trade license number(s) (if applicable) as called for on the Bid Form will disqualify the Bid. Upon award, the successful Bidder will be required to submit a complete list of all subcontractors and specialty contractors that will do work on the Project under the Construction

Contract. All subcontractors and specialty contractors will be required to be properly licensed under the Idaho Public Works Contractor Act, except subcontractors performing work of a value of

$100,000 or less under the direct supervision of an Idaho licensed public works contractor who holds a Class “Unlimited,” “AAA,” “AA,” or “A” license under the Idaho Public Works Contractor Act.

The successful Bidder may thereafter substitute subcontractors only as allowed by Idaho Code § 67-

2310(3).

BID 26037 INSTRUCTIONS TO BIDDERS – PAGE 7

b. Bidders shall be responsible for complying with all applicable provisions of the Idaho Code as it relates to bidding of this project or construction of the Work.

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

10. Bonds. Before the Construction Contract is signed, the successful Bidder must furnish performance and labor and material payment bonds in the amount of 100% of the Construction

Contract amount, as allowed in Idaho Code § 54-1926. The bonds shall be provided by a surety company or companies with AM Best rating(s) of A-VIII or better. If the surety does not have a current AM Best rating it must be currently certified by the U.S. Department of Treasury as an approved surety with an underwriting limitation greater than the bond amount. All sureties must be authorized to do business in the state of Idaho. All bonds shall name the County as obligee with copies of the bonds provided to Ada County Procurement. The Bidder shall include the premiums for such bonds in its Bid.

11. Examination of Bids. After the Bids are opened by the Board of Ada County

Commissioners, Ada County 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. Bidders will be supplied with a copy of the recommendation on or about April 1, 2026.

12. Basis of Recommendation. Ada County Procurement will recommend the

Construction Contract be awarded to the responsive Bidder submitting the lowest Bid amount.

13. Protest of Recommendation. 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 April 3, 2026.

14. Award of Contract. The Construction Contract shall be deemed as having been awarded when the Bid has been accepted by formal motion made by the Board of Ada County mailto:procurement@adacounty.id.gov

BID 26037 INSTRUCTIONS TO BIDDERS – PAGE 8

Commissioners during the open business meeting commencing at or about 9:00 a.m. local time, April

7, 2026, in the Commissioners Conference Room, 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 Construction Contract to the Ada County Operations

Department, c/o Director, no later than 4:00 p.m. local time on April 14, 2026, unless otherwise provided, so that the Board of Ada County Commissioners may consider the Construction Contract on April 21, 2026. The Bidder selected for the Project must execute a contract in substantially the form provided in Exhibit B. Bidders should read the Construction Contract carefully, as the selected

Bidder will be subject to all contract requirements contained therein, including the provision of insurance coverages. The terms of the Construction Contract will not be negotiated.

15. Time of Starting and Completion. Owner estimates issuing a Notice to Proceed no more than ten (10) days after executing the Construction Contract. Substantial Completion of the

Work is required no later than July 24, 2026. Final Completion of the Work is required no later than

July 31, 2026. Bidders are referred to Article VI of the Construction Contract for definitions of

Substantial Completion and Final Completion. Owner reserves the right to adjust these times as provided in the Construction Contract. After commencement of work on the Project, Contractor shall be expected to diligently perform the work needed to complete the Project, without undue delay or interruption.

16. Bidder’s Security.

a. Each Bid shall contain one of the following forms of Bidder’s security:

(i) Cash.

(ii) A cashier check from a bank insured by FDIC made payable to Ada

County.

BID 26037 INSTRUCTIONS TO BIDDERS – PAGE 9

(iii) A certified check from a bank insured by FDIC made payable to Ada County.

(iv) A Bidder’s bond executed by a qualified surety company with an

AM Best rating(s) of A-VIII or better and licensed in the State of Idaho, made payable to Ada County. If the surety does not have a current AM Best rating it must be currently certified by the US Department of Treasury as an approved surety with an underwriting limitation greater than the bond amount. All sureties must be authorized to do business in the state of Idaho.

b. The security shall be in an amount equal to at least five percent (5%) of the combined amount of the Total Bid Amount (the combined total of the Base Bid Amount and

Owner’s Contingency Allowance). A Bid shall not be considered unless one of the forms of

Bidder’s security is enclosed with it.

(i) If submitting cash or check for Bidder’s security, please hand deliver the cash or check to Ada County Procurement, 200 W. Front St. Boise, ID 83702, 2nd Floor Ada County Courthouse and Administration Building. Cash or check must be submitted prior to the bid due date and time: March 30, 2026, at 4:00 p.m. local time.

(ii) If submitting a Bidder’s bond for Bidder’s security please upload a full copy of the surety issued bid bond into Bonfire along with the Bidder’s Bid Form. The successful Bidder will be required to submit the original surety issued bid bond to Owner upon award.

c. The Bidder’s security of all except the three (3) lowest Bidders will be returned within seven (7) days after the opening of Bids. The security of the three (3) lowest Bidders will be returned within forty-eight (48) hours after the executed contract and required bonds have been submitted by the Bidder finally approved by the Owner. Bid bonds submitted as security from surety companies will not be returned unless specifically requested by the Bidder. Failure of the successful Bidder to provide the necessary performance and labor and material bonds or execute the

Construction Contract shall result in forfeiture of Bidder’s security.

17. Security Clearance and Confidentiality Requirements. No employee, agent or subcontractor of the selected Bidder will be permitted access to designated restricted areas prior

BID 26037 INSTRUCTIONS TO BIDDERS – PAGE 10

to: (1) obtaining security clearance from the appropriate County agency, and (2) returning signed copies of the confidentiality agreements and acknowledgements provided by the County, as may be required by Owner. Owner reserves the right to change the restricted areas as needed.

Security clearance requires passing a background check that includes fingerprinting. Ada

County may, in its sole discretion, refuse to allow an employee, agent or subcontractor access to a restricted area. The following reasons are examples of possible reasons for security clearance denial:

a. Felony convictions and some misdemeanor convictions (depending on particular charges and circumstances);

b. Connection with current criminal investigation or prosecution;

c. Outstanding warrants (including traffic and parking violations); or

d. Currently on parole or probation.

Ada County Operations will provide the successful Bidder with all forms and instructions needed for security clearance checks, and Owner will not charge Bidder, its employees, agents or subcontractors for background checks or fingerprinting.

BID 26037 INSTRUCTIONS TO BIDDERS - EXHIBIT A

EXHIBIT A

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 March 30, 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 March 31, 2026, at or around 9:00 a.m., local time.

• If the Requested Information is listed as “required,” 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 at 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/knowledge-base/bonfire-hub

BID 26037 INSTRUCTIONS TO BIDDERS – EXHIBIT B

EXHIBIT B

SAMPLE CONSTRUCTION CONTRACT

(37 pages – attached)

FIXED PRICE CONSTRUCTION CONTRACT

BETWEEN OWNER AND CONTRACTOR

NCLC DOCUMENT 10

1994 EDITION (MODIFIED AS OF DECEMBER 2024)

ADA COUNTY 400 BENJAMIN ROOF REPLACEMENT 2026 PROJECT

PROJECT NO. 26037

i

TABLE OF CONTENTS

I. DOCUMENTS INCORPORATED BY REFERENCE

II. REPRESENTATIONS AND WARRANTIES

OF THE CONTRACTOR

III. INTENT AND INTERPRETATION

IV. OWNERSHIP OF THE CONTRACT DOCUMENTS

V. CONTRACTOR’S PERFORMANCE

VI. TIME FOR CONTRACTOR’S PERFORMANCE

VII. FIXED PRICE AND CONTRACT PAYMENTS

VIII. INFORMATION AND MATERIAL SUPPLIED BY THE OWNER

IX. CEASE AND DESIST ORDER

X. DUTIES, OBLIGATIONS, AND RESPONSIBILITIES

OF THE CONTRACTOR

XI. INDEMNITY

XII. THE PROJECT ARCHITECT

XIII. CLAIMS BY THE CONTRACTOR

XIV. SUBCONTRACTORS

XV. CHANGE ORDERS

XVI. DISCOVERING AND CORRECTING DEFECTIVE

OR INCOMPLETE WORK

XVII. TERMINATION BY THE CONTRACTOR

XVIII. OWNER’S RIGHT TO SUSPEND CONTRACTOR’S

PERFORMANCE

XIX. TERMINATION BY THE OWNER

XX. INSURANCE

ii

XXI. SURETY BONDS

XXII. PROJECT RECORDS

XXIII. APPLICABLE LAW

XXIV. SUCCESSORS AND ASSIGNS

XXV. SEVERABILITY

XXVI. AMENDMENTS

XXVII. AUTHORITY

FIXED PRICE CONSTRUCTION CONTRACT BETWEEN OWNER AND CONTRACTOR –

FIXED PRICE CONSTRUCTION CONTRACT

BETWEEN OWNER AND CONTRACTOR

NCLC DOCUMENT 10

1994 EDITION

(MODIFIED)

THIS FIXED PRICE CONSTRUCTION CONTRACT BETWEEN OWNER AND

CONTRACTOR (the “Construction Contract”) is made and entered into by and between Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho, (the “Owner”) and (the “Contractor”). This Construction Contract shall be effective on the date executed by the last party.

This Construction Contract is for the construction of a project identified as providing all materials and labor for the replacement of the existing roof at 400 N. Benjamin Ln., Boise, ID 83704, as more specifically detailed in the Project Manual specifications and drawings (the “Project”).

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree:

ARTICLE I.

DOCUMENTS INCORPORATED BY REFERENCE

The Contract Documents include the Construction Contract, the plans and specifications for the Project identified thereon as such, the Project quality control plan, plus the following (if any) to the extent these documents do not conflict with the Construction Contract (together the “Contract Documents”):

all of which are hereby incorporated herein by reference and made a part hereof. Change Orders issued hereafter, and any other amendments executed by the Owner and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Article do not, and shall not, form any part of the Contract Documents.

ARTICLE II.

REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR

In order to induce the Owner to execute this Construction Contract and recognizing that the Owner is relying thereon, the Contractor, by executing this Construction Contract, makes the following express representations to the Owner:

A. The Contractor is fully qualified to act as the Contractor for the Project and has, and shall maintain, any and all licenses, permits, or other authorizations necessary to act as the Contractor for, and to construct, the Project;

B. The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated;

C. The Contractor represents it has received, reviewed, compared, studied, and carefully examined all of the Contract Documents and has found them in all respects to be complete, accurate, adequate, consistent, coordinated, and sufficient for construction. Such review, comparison, study, and examination shall be a warranty that the Contract Documents are complete and the Project is buildable as described except as reported. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate;

D. The Contractor warrants that the Contract Time is a reasonable period for performing the work.

E. Pursuant to Idaho Code section 67-2346, if this Construction Contract is one hundred thousand dollars ($100,000) or more and/or Contractor employs ten (10) or more persons, Contractor 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.

F. Pursuant to Idaho Code section 67-2359, Contractor 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.

G. Pursuant to Idaho Code § 67-2347A, if this Construction Contract is One Hundred Thousand Dollars ($100,000) or more and if Contractor employs ten (10) or more persons full-time, Contractor certifies that it is not currently engaged in and will not, for the duration of this Contract 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.

ARTICLE III.

INTENT AND INTERPRETATION

A. The Contract Documents, as described herein, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements;

B. Anything that may be required, implied, or inferred by the Contract Documents, shall be provided by the Contractor for the Contract Price;

C. Nothing contained in this Construction Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor;

D. When a word, term, or phrase is used in the Contract Documents, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage;

E. The words “include,” “includes,” or “including,” as used in the Contract Documents, shall be deemed to be followed by the phrase “without limitation;”

F. The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of the Contract Documents shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence, or condition shall be deemed not to constitute a material breach of the Contract Documents;

G. The Contractor shall have a continuing duty to read, examine, review, compare, and contrast each of the Contract Documents, shop drawings, and other submittals and shall give written notice to the Owner and the Architect of any conflict, ambiguity, error, or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate.

The express or implied approval by the Owner or the Architect of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with the Contract Documents. The Owner has requested the Architect to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY

OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH

DOCUMENTS. The Contractor again hereby acknowledges and represents that it has received, reviewed, and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representations or warranties by the Owner concerning such documents, as no such representations or warranties have been or are hereby made;

H. In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documents, the following shall control:

1. As between figures given on plans and scaled measurements, the figures shall govern;

2. As between large scale plans and small scale plans, the large scale plans shall govern;

3. As between plans and specifications, the requirements of the specifications shall govern;

4. As between the Instructions to Bidders and plans and specifications, the Instructions to Bidders shall govern;

5. As between the Construction Contract and other Contract Documents, the

Construction Contract shall govern.

ARTICLE IV.

OWNERSHIP OF THE CONTRACT DOCUMENTS

The Contract Documents, and each of them, as well as any other documents furnished by the Owner, shall remain the property of the Owner. The Contractor shall have the right to keep one (1) copy of the Contract Documents upon completion of the Project; provided, however, that in no event shall the Contractor use, or permit to be used, any portion or all of such Contract Documents on other projects without the Owner’s prior written authorization.

ARTICLE V.

CONTRACTOR’S PERFORMANCE

The Contractor shall perform all of the work required, implied, or reasonably inferable from the Contract Documents including, but not limited to, the following:

A. Construction of the Project;

B. The furnishing of any required surety bonds and insurance;

C. The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel, heat, light, cooling, or other utilities required for construction and all necessary building permits and other permits required for the construction of the Project;

D. The creation and submission to the Owner of detailed and comprehensive as-built drawings depicting all as-built construction. Said as-built drawings shall be submitted to the Owner upon Final Completion of the Project, and receipt of same by the Owner shall be a condition precedent to final payment to the Contractor.

ARTICLE VI.

TIME FOR CONTRACTOR’S PERFORMANCE

A. The Contractor shall commence the performance of the Work upon issuance of the Notice to Proceed and shall diligently continue its performance to and until Final Completion of the Project. The Contractor shall accomplish Substantial Completion of the Project by July 24, 2026.

B. The Contractor shall pay the Owner the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the time allowed herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at the time of executing this Construction Contract. When the Owner reasonably believes that Substantial Completion will be unexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages;

C. The term “Substantial Completion,” as used herein, shall mean that point at which, as certified in writing by the Architect, the Owner has received a Certificate of Occupancy (if applicable), and the Project is at a level of completion in strict compliance with the Contract Documents such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion;

D. Contractor shall achieve Final Completion by July 31, 2026;

E. Contractor shall pay the Owner the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Construction Contract. When the Owner reasonably believes that Final Completion will be unexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Final Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages;

F. All limitations of time set forth herein are material and are of the essence of the Contract Documents.

ARTICLE VII.

FIXED PRICE AND CONTRACT PAYMENTS

A. The Owner shall pay, and the Contractor shall accept, as full and complete payment for the Contractor’s timely performance of its obligations hereunder the fixed price of Dollars ($_______________), which fixed price includes an Owner’s contingency allowance of Fifty Thousand Dollars ($50,000.00). Said contingency allowance is to be used as directed by the Owner for Owner’s purposes, and only by Change Orders that indicate the amounts to be charged to the contingency allowance. Any and all unused amounts remaining from the contingency allowance upon completion of the Project shall be credited to the Owner by deductive Change Order. The price set forth in this paragraph shall constitute the Contract Price, which shall not be modified except by

Change Order as provided in the Contract Documents. All requests by the Contractor for an increase in the Contract Price must be submitted as a written claim under Article XIII;

B. Within ten (10) calendar days of the effective date hereof, the Contractor shall prepare and present to the Owner and the Architect the Contractor’s Schedule of Values apportioning the Contract Price among the different elements of the Project for purposes of periodic and final payment.

The Contractor’s Schedule of Values shall be presented in whatever format, with such detail, and backed up with whatever supporting information the Architect or the Owner requests. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. The violation of this provision by the Contractor shall constitute a material breach of the Contract Documents. The Contractor’s Schedule of Values will be utilized for the Contractor’s Payment Requests but shall only be so utilized after it has been acknowledged in writing by the Architect and the Owner;

C. The Owner shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this paragraph.

1. On or before the _____ day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a Payment Request for the period ending the _____ day of the month. Said Payment Request shall be in such format and include whatever supporting information as may be required by the Architect, the Owner, or both. Therein, the Contractor may request payment for ninety-five percent (95%) of that part of the Contract Price allocated on the Schedule of Values to Contract requirements to the date of the Payment Request properly provided, labor, materials, and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if off-site storage is approved in writing by the Owner), less the total amount of previous payments received from the Owner.

Any payment on account of stored materials or equipment will be subject to the Contractor providing written proof that the Owner has title to such materials or equipment and that they are fully insured against loss or damage.

2. Each such Payment Request shall be signed by the Contractor and shall constitute the Contractor’s representation that the quantity of work has reached the level for which payment is requested, that the work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested.

3. The Architect shall review the Payment Request and may also review the work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by the Contract Documents. The Architect shall approve in writing the amount which, in the opinion of the Architect, is properly owing to the Contractor.

4. The Owner shall make payment to the Contractor within thirty (30) days following the Architect’s written approval of each Payment Request, provided that as a condition precedent to payment, the Contractor has attested that it has paid all taxes, excises, and license fees due to the State of Idaho and its taxing units as required by Idaho Code, Title 63, Chapter 15; and provided further that 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:

a. To pay promptly when due all taxes (other than on real property), excises and license fees due to the state, its subdivisions, and municipal and quasi-municipal corporations therein, accrued or accruing during the term of this contract, whether or not the same shall be payable at the end of such term;

b. That if the said taxes, excises, and licenses fees are not payable at the end of said term, but liability for the payment thereof exists, even though the same constitute liens upon his property, to secure the same to the satisfaction of the respective officers charged with the collection thereof; and

c. That, in the event of his default in the payment or securing or of such taxes, excises, and license fees, to consent that the department, officer, board, or taxing unit entering into this contract may withhold for any payment due him hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which said contractor is liable.

The amount of each such payment shall be the amount approved for payment by the Architect less such amounts, if any, otherwise owing by the Contractor to the Owner or which the Owner shall have the right to withhold as authorized by the Contract Documents.

5. The Architect’s approval of the Contractor’s Payment Requests shall not preclude the Owner from the exercise of any of its rights as set forth in Section VII.F hereinbelow.

6. The submission by the Contractor of a Payment Request constitutes an affirmative representation and warranty that all work for which the Owner has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the Owner, also furnish to the Owner properly executed waivers of lien, in a form acceptable to the Owner, from all subcontractors, materialmen, suppliers or others having lien rights, wherein said subcontractors, materialmen, suppliers or others having lien rights shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights, or other claims relating to the Project site.

7. The Contractor warrants and represents that, upon payment of the Payment

Request submitted, title to all work included in such payment shall be vested in the Owner.

D. When payment is received from the Owner, the Contractor shall immediately pay all subcontractors, materialmen, laborer and suppliers the amounts they are due for the work covered by such payment. In the event the Owner becomes informed that the Contractor has not paid a subcontractor, materialman, laborer, or supplier as provided herein, the Owner shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, materialman, laborer, or supplier as joint payees. Such joint check procedure, if employed by the Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit the Owner to repeat the procedure in the future;

E. Neither payment to the Contractor, utilization of the Project for any purpose by the Owner, nor any other act or omission by the Owner shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract Documents;

F. The Owner shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to:

1. The quality of a portion, or all, of the Contractor’s work not being in accordance with the requirements of this Contract;

2. The quantity of the Contractor’s work not being as represented in the

Contractor’s Payment Request, or otherwise;

3. The Contractor’s rate of progress being such that, in the Owner’s opinion, Substantial or Final Completion, or both, may be unexcusably delayed;

4. The Contractor’s failure to use Contract funds, previously paid the Contractor by the Owner, to pay Contractor’s Project-related obligations including, but not limited to, subcontractors, laborers, and material and equipment suppliers;

5. Claims made, or likely to be made, against the Owner or its property;

6. Loss caused by the Contractor;

7. The Contractor’s failure or refusal to perform any of its obligations to the

Owner;

8. Failure of the Contractor to pay taxes as required by Idaho Code, Title 63, Chapter 15;

9. Contractor’s failure to properly inventory and/or store materials on site.

In the event that the Owner makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in this paragraph, the Contractor shall promptly comply with such demand;

G. If within thirty (30) days from the date payment to the Contractor is due, the Owner, without cause or basis hereunder, fails to pay the Contractor any amounts then due and payable to the Contractor, the Contractor shall have the right to cease work until receipt of proper payment after first providing ten (10) days written notice of its intent to cease work to the Owner. Any payment not made within thirty (30) days after the date due shall bear interest at the rate computed by the State Treasurer in compliance with Section 28-22-104, Idaho Code;

H. When Substantial Completion has been achieved, the Contractor shall notify the Owner and the Architect in writing and shall furnish to the Architect a listing of those matters yet to be finished. The Architect will thereupon conduct an inspection to confirm that the work is in fact substantially complete. Upon its confirmation that the Contractor’s work is substantially complete, the Architect will so notify the Owner and Contractor in writing and will therein set forth the date of Substantial Completion. If the Architect, through its inspection, fails to find that the Contractor’s work is substantially complete, and is required to repeat all, or any portion, of its Substantial Completion inspection, the Contractor shall bear the cost of such repeat inspection(s) which cost may be deducted by the Owner from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by this Contract shall commence on the date of Substantial Completion. Upon completion of equipment testing, Owner training, delivery and approval of O&M manuals, project punch list completion, and project acceptance by the Owner, the Owner shall pay the Contractor an amount sufficient to increase total payments to the Contractor to one hundred percent (100%) of the Contract Price less any amounts attributable to liquidated damages, together with the reasonable costs as determined by the Owner for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims;

I. When the Project is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner and the Architect thereof in writing. Thereupon, the Architect will perform a final inspection of the Project. If the Architect confirms that the Project is complete in full accordance with this Contract and that the Contractor has performed all of its obligations to the Owner hereunder, the Architect will furnish a final Approval for Payment to the Owner certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. If the Architect is unable to issue its final Approval for Payment and is required to repeat its final inspection of the Project, the Contractor shall bear the cost of such repeat inspection(s), which costs may be deducted by the Owner from the Contractor’s final payment;

J. Reserved.

K. Prior to being entitled to receive…