Bid Notice-Sewer Extension Redesign Gowen Service District.pdf

PROJECT

MANUAL

SOURCING EVENT #FB-2026-090

CSP 1213

Sewer Extension Redesign Gowen Service District

BOISE CITY

PUBLIC WORKS DEPT.

CITY OF BOISE

BOISE, IDAHO

SOURCING EVENT # FB-2026-090

Sewer Extension Redesign Gowen Service District

CSP 1213

DEPARTMENT OF PUBLIC WORKS

Updated: 4/23/25

(CSP 1213)

SOURCING EVENT # FB-2026-090

PROJECT MANUAL – TABLE OF CONTENTS

BID

00111 – Advertisement for Bids 00140 – Bidder’s Checklist 00200 – Instructions to Bidders

JAGGAER Questions Section

• 00410 – Bid Form (Download Required)

• 00430 – Bid Bond

• Naming of Subcontractors (provided electronically in JAGGAER)

JAGGAER Items Section

• Bid Schedule (provided electronically in JAGGAER)

CONTRACT

00520 – Standard Form of Agreement Between Owner and Contractor 00610 – Performance Bond 00612 – Warranty Bond 00615 – Payment Bond 00630 – Contractor’s Affidavit Concerning Taxes 00700 – ISPWC 2020 Division 100 – General Conditions 00800 – Supplementary Conditions (green)

TECHNICAL SPECIFICATIONS AND DRAWINGS

00815 – Boise City Standard Revisions to the ISPWC (blue) 00820 – General Information, Owner’s Revisions to the Standard Specifications and Special Provisions (yellow)

ATTACHMENTS

EXHIBITS

DRAWINGS

Document 00111 CSP 1213, Sewer Extension Redesign Gowen Service District Advertisement for Bids

00111 Page 1 of 1 Updated: 09/24/25

ADVERTISEMENT FOR BIDS

(CSP 1213)

SOURCING EVENT #FB-2026-090

PROJECT TITLE: Sewer Extension Redesign Gowen Service District

Separate SEALED BIDS for [brief description of work] located at [location] in the Boise City Service Area, Ada County, Idaho and other related work as set forth in the Contract documents for Sourcing Event #FB-2026-090, (CSP 1213), Sewer Extension Redesign Gowen Service District, will be received until the date and time indicated via the JAGGAER Platform. (link provided on City Website). https://www.cityofboise.org/departments/finance-and-administration/purchasing, and then virtually opened and read aloud.

Contractors are reminded that bids will remain subject to acceptance for 60 days after bid opening. However, it is the City’s intent to award this project within a month of the bid opening; with a Notice to Proceed issued shortly thereafter.

The project includes construction of approximately 904 L.F. of 18-inch diameter, 777 L.F. of 10-inch diameter, and 2,450 L.F. of 8-inch diameter gravity sewer main pipe, installation of new manholes, and other related work. The project is located in the vicinity of W. Harvard St. and S. Northrup St., Boise City, Ada County, Idaho. One lane of W.

Harvard St. shall remain open at all times, and other related work. It is the intent of these documents to describe the work required to complete this project in sufficient detail to secure comparable bids. All parts or work not specifically mentioned which are necessary in order to provide a complete installation shall be included in the bid and shall conform to all Local, State and Federal requirements.

Bids/Proposals will be prepared per the specifications detailed within the Request for Bid/Proposal document.

Bid/Proposal packets are available at no charge with registration through the JAGGAER Platform (link provided on City Website).

https://www.cityofboise.org/departments/finance-and-administration/purchasing.

Bidder/Contractor can request a site visit, written requests must be received no later than seven (7) working days prior to the date for opening of bids. Site visits shall be requested via the Question and Answers Board (Q & A Board) via the JAGGAER Platform.

In determining the lowest responsive bid, the Owner will consider all acceptable bids on a basis consistent with the bid package. The City reserves the right to reject any or all proposals, waive any nonmaterial irregularities in the bids received, and to accept the proposal deemed most advantageous to the best interest of the City.

All bids must be signed and accompanied by Bid Security. (Formal Bid) ☑ Bid security not required. (Informal Bid)

CITY OF BOISE

Document 00140 CSP 1213, SEWER EXTENSION REDESIGN GOWEN SERVICE DISTRICT Bidder’s Checklist

2020 ISPWC 00140

ISPWC - BIDDER’S CHECK LIST

The Bidder’s Check List is offered to assist the prospective bidder in checking their Bid. Use of this checklist does not relieve the bidder of the responsibility to ensure the Bid is complete and compliant with all solicitation requirements.

1. Have questions arising from the bidding, contract, specifications or plans been submitted to the proper authority and resolved in the proper manner? (Refer to Article 5 of the Instruction to Bidders).

2. Has Bidder obtained a copy of the 2025 Edition of the Idaho Standards for Public Works

Construction (ISPWC) and reviewed it with respect to the requirements of this project.

3. Are authorized signatures properly affixed to the Bid form, giving also title, and Idaho Public Works Contractor license number, evidence of authority to sign, etc.? (Refer to Article 12 and Article 14 of the Instructions to Bidders as well as Section 8.01 of the Bid form)

4. Have all plumbing, heating, air conditioning and electrical subcontractors to whom work will be awarded been listed, as well as their Idaho Public Works Contractor license number?

5. Have all Addenda been received and acknowledged with the proper signature on the Bid Form?

6. Has Bid Security been enclosed? (not required for informal bids) (Refer to Article 8 of the Instructions to Bidders and Section 7.01A of the Bid form)

7. Has Bidder performed examinations in accordance with the Instructions to Bidders? (Refer to Article

5 of the Instructions to Bidders)

8. Has Bidder included additional information required in Article 14 of the Instructions to Bidders?

Document 00200 CSP 1213, SEWER EXTENSION REDESIGN GOWEN SERVICE DISTRICT Instructions to Bidders

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Contracts to Be Assigned

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website and obtain a complete set of the Bidding Documents from such website. Bidders may rely on that set of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within five days of Owner’s request, Bidder must submit the following information:

A. Bidder’s State of Idaho Public Works contractor license number or other contractor license number, if applicable. Contractor must have an Idaho Public Works Contractors License prior to signing the Contract pursuant to Idaho Code Title 54, Chapter 19.

B. Subcontractor and Supplier qualification information. Refer to Idaho Code Title 67, Chapter 23 regarding listing of subcontractors.

C. Other required information regarding qualifications.

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

ARTICLE 4—PRE-BID CONFERENCE

Prebid information (if applicable) is located on the JAGGAER Platform. (link provided on City Website).

https://www.cityofboise.org/departments/finance-and-administration/purchasing.

If a pre-bid conference is held, information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

4. Geotechnical Baseline Report/Geotechnical Data Report: The Bidding Documents:

Do not contain a Geotechnical Data Report (GDR).

Contain a Geotechnical Data Report (GDR).

a. As set forth in the Supplementary Conditions, the GBR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (“Baseline Conditions”). The GBR is a Contract Document.

b. The Baseline Conditions in the GBR are intended to reduce uncertainty and the degree of contingency in submitted Bids. However, Bidders cannot rely solely on the Baseline Conditions. Bids should be based on a comprehensive approach that includes an independent review and analysis of the GBR, all other Contract Documents, Technical Data, other available information, and observable surface conditions. Not all potential subsurface conditions are baselined.

c. Nothing in the GBR is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, bidding strategies, and Bid prices, nor of the responsibility to select and be responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto.

d. As set forth in the Supplementary Conditions, the GDR is a Contract Document containing data prepared by or for the Owner in support of the GBR.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. In accordance with Paragraph 5.05 of the General Conditions, the Contractor is responsible for verifying the actual location of all Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work.

5.03 Other Site-related Documents

No other Site-related documents are available.

Other Site-related documents are available.

A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference:

1. [List of other Site-related documents].

Owner will make copies of these other Site-related documents available to any Bidder on request.

B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents.

C. The other Site-related documents are not part of the Contract Documents.

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the Contract Documents and (2) the Technical Data.

5.04 Site Visit and Testing by Bidders

A. The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents.

B. Bidder/Contractor can request a site visit, written requests must be received no later than seven (7) working days prior to the date for opening of bids. Site visits shall be requested via the Question and Answers Board (Q & A Board) via the JAGGAER Platform.

C. It is the responsibility of the Bidder to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

D. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

E. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

F. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

G. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS, ADDENDA AND PROTEST PROCESS

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents through the JAGGAER Platform under the Q & A Board.

7.03 Interpretations or clarifications considered necessary the Purchasing Specialist, in response to such questions, will be issued by Amendment via JAGGAER to all parties who have registered as a planholder for the solicitation. Questions must be received no later than 12:00 p.m., three (3) working days prior to the date for opening of Bids. Questions received after that time may not be answered.

7.04 Only responses set forth and answered on JAGGAER will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.05 Any Bidder who wishes to protest the requirements, standards, specifications or process outlined in this Request for Bids may submit a written notification to the Purchasing Specialist, to be received no later than 12:00 p.m., three (3) working days prior to the bid opening date. The notifications shall state the exact nature of the protest, describing the location of protested portion or clause in the bid document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The Purchasing Specialist may either deny the protest, require that the bid document be modified, modify the bid, and/or reject all or part of the protest.

7.06 Protest of Contractor Selection or Contract Award

The right to protest an award is governed by Boise City Code (Title 1, Chapter 12, Article 3), which provides:

• Only a bidder who participated in the bidding process through submission of a bid may protest an intended award;

• The award to be protested must be for a formal level contract, which consists of either a goods purchase, personal services, professional/Contractor services or Construction

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

project of $250,000 or more. Any attempted protest to a semiformal or informal level contract will not be considered;

• The award to be protested must be to a bidder other than the lowest responsive bidder in the case of a formal bid solicitation or other than the highest-ranking Bidder in the case of a Request for Proposal or Request for Qualifications;

• In the event that the winning bid is less than the formal level threshold, then the project is considered “semi-formal” and an award protest will not be considered.

• A protest must be in writing;

• A protest must specify the reason(s) the proposed award is in error; and

• A protest must be submitted within seven (7) calendar days after the City’s transmittal or posting of a Notice of Intent to Award letter.

Written protests are to be directed to: purchasing@cityofboise.org. Any protest addressed to the Mayor or City Council may be re-directed to the City’s Purchasing Agent. Purchasing will address the protest with input from the Project Manager if necessary.

The protest of an award may not be based upon the specifications. Any objection to specifications attempted to be pursued through an award protest is untimely and will not be considered. Rather, the right to protest specifications is provided for as described in section 1.6) Request for Clarification, Protest of Bid Requirements, Standards, Specs, or Process) herein.

In the event the Purchasing Agent denies a protest, the protesting bidder may elevate the matter to Boise City Council through submission of an appeal to the Boise City Clerk’s Office within three

(3) business days of transmission or posting of the denial by the Purchasing Agent. The Boise City Clerk will then schedule the matter before Boise City Council.

If Federal grant funds are involved and the protestor is not satisfied with the way that the City has resolved the protest, the protestor may have the option to appeal to the Federal Grant Provider.

ARTICLE 8—BID SECURITY (IF APPLICABLE)

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5% of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within two weeks after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been received by the City of Boise Department of Finance and Administration at least four (4) working days prior to the date for receipt of Bids. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any other manner.

SUBSTITUTE and "OR-EQUAL" Form Available in JAGGAER for download; must be uploaded into JAGGAER under the Q & A Board upon completion by Bidder.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the portions of the Work as listed in the Supplementary Conditions, within five days after Bid opening.

11.02 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

11.04 Per Idaho Code 67-2310, Bidder shall include in their bid the name(s), address(es), and Idaho Public Works Contractors License number(s) of the Subcontractors who will, in the event the Bidder secures the Contract, subcontract the plumbing, heating and air conditioning work, and the electrical work under the general Contract. Failure to name Subcontractors as required by this section shall render any Bid unresponsive and void. Use Naming of Subcontractors Form 00430, available electronically in JAGGAER..

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents on JAGGAER.

12.02 All blanks on the Bid Form must be completed through JAGGAER including signing the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 The Bid must contain an acknowledgment of receipt of all Addenda.

12.09 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

12.10 Submittal of all required documents associated with providing a bid must be submitted through

JAGGAER.

12.11 Bidder shall include their Public Works license, however if project is federally funded a Public Works license is not required to submit a bid but must be issued prior to award.

ARTICLE 13—BASIS OF BID

13.01 Lump Sum

A. Bidders must submit a Bid on a lump sum basis as set forth in the Bid Form.

13.02 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

13.03 Allowances

A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 14—SUBMITTAL OF BID

14.01 JAGGAER requirement - Each prospective Bidder is furnished one copy of the Bidding Documents.

The Bid Bond form (if required) and naming of subcontractors form is to be completed and submitted along with the list of subcontractors, suppliers and other entities as may be required per Article 11.

14.02 Only bids submitted through JAGGAER will be accepted for this project. Bids must be signed and submitted in required format. After uploading your Bid, Bidders are encouraged to verify the successful upload of the document (s). To be considered, all submissions must be received prior to the bid due date/time.

A. Sign your electronic bid/proposal. Bids/Proposals without signature will not be accepted.

B. All Bids must be submitted before the scheduled bid/proposal opening. In the event of a technology failure, the City reserves the right to accept all bids/proposals submitted and electronically time stamped prior to bid/proposal opening. The City will require bid/proposal receipt document to be on file as proof of timely submission. Bidders are encouraged to

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

confirm the successful up-load of their bid/proposal document. The City will not accept bids/proposals after the scheduled time for opening.

C. The Owner is the City of Boise.

D. ALL BIDS/PROPOSALS MUST BE SIGNED.

E. If a "Bid Schedule" is present, the Schedule should be completely filled in by the Bidder and included in their Bid/Proposal. Where Bid/Proposal formats are requested, Bidder is to comply with all specifications.

F. Additional sheets may be included if more room is needed for technical information, answers, and explanations.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 Refer to Idaho Code Sections 54-1904b, 54-1904b, and 54-1904d for relief from bids.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. For determination of the apparent low Bidder(s) when sectional bids are submitted, Bids will be compared on the basis of the aggregate of the Bids for separate sections and the Bids for combined sections that result in the lowest total amount for all of the Work.

D. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

18.06 The purchase of construction services shall be made pursuant Idaho Statute Title 67, Chapter 28.

The acquisition of construction services must be subject to a competitive bidding process made from a qualified public works contractor submitting the lowest bid price complying the bidding procedures and meeting prequalification criteria, if any are provided in accordance with I.C. 67- 2805, that are established in the bidding documents. For a Category A bid process, the political subdivision may only consider the amount bid, bidder compliance with the administrative requirements of the bidding process, and whether the bidder holds the requisite State of Idaho Public Works Contractors License, and shall award the bid to the responsible bidder submitting the lowest responsive bid.

18.07 Idaho’s Reciprocal Preference Law

Reciprocal preference applies to any purchase of materials, supplies, services or equipment that is competitively bid, regardless of the dollar amount, is subject to Idaho’s Reciprocal Preference Law, Idaho Code § 67-2348

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

must be accompanied by required bonds and insurance documentation. The date upon which the bonds are binding shall be the effective date of the Agreement.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 N/A

ARTICLE 22—CONTRACTS TO BE ASSIGNED

22.01 N/A

ARTICLE 23—STATE OF IDAHO STATUTORY PROVISIONS

23.01 Additional State of Idaho Statutory provisions to be aware of:

A. Title 54, Chapter 19, Public Works Contractors.

1. Idaho Code Section 54-1920(2) regarding a public officer who lets a contract to an unlicensed firm may be held personally liable.

2. Idaho Code Section 54-1926 regarding the requirement for payment and performance bonds on all public works projects over $50,000.

3. Idaho Code Section 54-1928 regarding agencies and officials may be held liable for failure to obtain bonds.

B. Idaho Code Title 46, Chapter 10, State Disaster Preparedness Act, regarding emergency exceptions, C. Idaho Code Section 67-2348, Preference for Idaho Domiciled Contractors on Public Works, D. Idaho Code Section 67-2349, Preference for Idaho Suppliers and Recycled Paper Products for Purchases.

2020 ISPWC 00200

Modified from EJCDC® C-200 Instructions to Bidders for Construction Contract

This document is a MODIFIED version of EJCDC® C-200, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

ARTICLE 24—MISCELLANEOUS PROVISIONS

24.01 Public Records

The Idaho Public Records Law, Idaho Code Sections 74-101 through 74-126, allows the open inspection and copying of public records. Public records include any writing containing information relating to the conduct or administration of the public's business prepared, owned, used, or retained by a State or local agency regardless of the physical form or character. All, or most, of the information contained in your Bid or Proposal will be a public record subject to disclosure under the Public Records Law and will be available for inspection and copying by any person. The Public Records Law contains certain exemptions. One exemption potentially applicable to part of your response may be for trade secrets. Trade secrets include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.

If you consider any element of your Bid or Proposal to be a trade secret, or otherwise protected from disclosure, you must:

a. Indicate by marking each page of the pertinent document confidential; and,

b. Include the specific basis for your position that it be treated as exempt from disclosure.

Prices quoted in your Bid or Proposal are not a trade secret.

The following is not acceptable or in accordance with the Public Records Law and will not be honored:

a. Marking your entire Bid or Proposal as exempt; or,

b. Placing a statement or legend on one (1) page stating that all or substantially all of the response is exempt.

The City, to the extent allowed by law and in accordance with these Instructions, will honor a designation of nondisclosure. If you claim material to be exempt from disclosure under the Idaho Public Records Law, the Bidder/Proposer will expressly agree to defend, indemnify and hold harmless the City from any claim or suit arising from the City’s refusal to disclose any such material. Any questions regarding the applicability of the Public Records Law should be addressed to your own legal counsel – Prior to submission.

24.02 D.B.E.

D.B.E. firms and business enterprises are encouraged to bid. Women-owned and minority-owned firms are encouraged to bid. The City actively encourages any bids by D.B.E. firms for goods and services for the City.

Document 00410 CSP 1213, SEWER EXTENSION REDESIGN GOWEN SERVICE DISTRICT Bid Form

2020 ISPWC 00410

Modified from EJCDC® C-410 Bid Form for Construction Contract

BID FORM, SOURCING EVENT #FB-2026-090

PROJECT AND CONTRACT IDENTIFICATION:

Sourcing Event #FB-2026-090, (CSP 1213), SEWER EXTENSION REDESIGN GOWEN SERVICE

DISTRICT

THIS BID IS SUBMITTED ELECTRONICALLY THROUGH JAGGAER

Capitalized terms used in this Bid have the meanings stated in the Instructions…