Mallard_Avenue_Bridge_#1339_(Addendum_#3_Revision).pdf

Ada County Highway District

3775 Adams Street - Garden City ID 83714-6447

Phone (208) 387-6100 - FAX (208) 387-6391

Website: www.achdidaho.org

Mallard Avenue Bridge #1339

CT223-17

Contract Documents

March 28, 2023

Alexis Pickering, President Jim D. Hansen, Vice-President Kent Goldthorpe, Commissioner Dave McKinney, Commissioner Miranda Gold, Commissioner Bruce S. Wong, Director http://www.achdidaho.org/

Ada County Highway District

INVITATION TO BID

CT223-17

Mallard Avenue Bridge #1339

I. Legal Notice II. Introduction III. Instructions to Bidders IV. Bid Schedule V. Special Provisions VI. Vendor Questionnaire VII. General Conditions

Attachments:

A - Vicinity Map

B - Special Provisions - Utility Info

C - Erosion and Sediment Control Template

D - Environmental Documents

E - Floodplain

F - Geotechnical Report

G - Plan Sheets 1-9

H - Sample Bid Bond

I - CAD FILES - FOR VIEWING PURPOSES ONLY

J - Sample Agreement

LEGAL NOTICE

Ada County Highway District

Invitation to Bid

Mallard Avenue Bridge #1339

Contract Number: CT223-17

Project Number: 221019

GIS Number: MI216-13

Project Location: Boise, Idaho

Only electronically sealed bidswill be received by Ada County Highway District (ACHD) until 3:00 pm, Wednesday, April 19, 2023, at which time they will be publicly opened via Zoom.Be advised that ACHD may have more than one (1) bid opening scheduled for Wednesday, April 19, 2023 at 3:00 pm. ACHD will conduct the bid openings scheduled for that date and time individually and in an order established solely by ACHD that best suits its business needs. All proposals must be electronically sealed and submitted via ACHD's eProcurement portalhttps://procurement.opengov.com/portal/achdidaho.Manual/Paper bids will be deemed non-responsive.

All electronic bidders must first register on the ACHD eProcurement portal at https://procurement.opengov.com/portal/achdidaho. No fee will be incurred to bid electronically. Bidders will have the option to Subscribe to all ACHD solicitations and receive email notifications.

Following the Bid Opening, the Bid Results will be available from the eProcurement Portal.

In accordance with the plans and specifications, this work shall consist of replacing two corrugated metal pipes with a precast stiff leg bridge, roadway asphalt, dewatering, cast-in-place concrete; constructing curb, gutter, and sidewalk on both sides of the street, a valley gutter, pedestrian ramps; and installing pedestrian railings. The contractor shall provide access to the creek during dewatering so the City of Boise and the Idaho Department of Fish and Game can relocate Mussels in the Logger Creek, (See #36 Supplemental Mallard Bridge Notes).

The work shall be completed in its entirety on or before December 8, 2023. The completion dates are predicated on the intent of ACHD to issue a Notice to Proceed to the Contractor on or about August 1, 2023. ACHD shall be entitled to Liquidated Damages of $2,000 for each calendar day of delay in the completion of the work. A delay on one portion of the project does not justify delays on other portions of the project.

All questions or clarifications concerning the content and requirements of the Invitation to Bid (ITB) must be posted in the Q&A section of the solicitation located at the eProcurement Portal. All questions or clarifications must be submitted by 12:00 pm on Monday, April 10, 2023. Any interpretation that may alter or change the ITB will be in writing, in the form of Addenda, which will be furnished via the eProcurement Portal. It is the Bidder's responsibility to check for Addenda before submitting bids.

A Plan Holders List will be posted on the eProcurement Portal.

ACHD has prepared the Invitation to Bid (ITB) including the Plan Sets for the proposed project. These ITB and Plans are available for download at the eProcurement Portal.

Except as modified herein, all construction shall conform to the currently adopted Edition of the IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION (ISPWC), and approved supplements, for use in

../../../../../portal/achdidaho ../../../../../portal/achdidaho ../../../../../portal/achdidaho ../../../../../portal/achdidaho ../../../../../portal/achdidaho ../../../../../portal/achdidaho ../../../../../portal/achdidaho the ACHD rights-of-way. Except as modified herein, any bridge construction shall conform to the currently adopted Edition of State of Idaho STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION including the current edition of the Supplements and Standard Drawings.

Proposals must be accompanied by an original or photocopy or electronic version, e.g. PDF, FAX, etc. of certified check, cashier's check, or a bid bond (collectively referred to hereafter as “Bid Security”) issued by a surety authorized to issue such bonds in the State of Idaho, in an amount of ten percent (10%) of the total amount of the proposal submitted. If a photocopy or electronic version of a certified check, or cashier's check is provided with the proposal, an original certified check or cashier's check shall be submitted to ACHD within 48 hours of the bid opening. In addition, any Contractor submitting a Certified Check or Cashier's Check for Bid Security will be required to submit within 48 hours of the bid opening, a letter from their bonding company stating that it will guarantee bonding for the Bidder, in the event said Bidder is notified via a “Notice of Intent to Award Letter,” that it is the apparent low-cost Bidder and may be awarded the contract. Said letter is to be included with the Proposal Form, and shall name the Bidder, project number, and the amount of bonding value being guaranteed.

The apparent low-cost responsive Bidder will be required to furnish the necessary additional bond(s) for the faithful performance of the contract and supply the necessary insurance documents as prescribed in the ITB.

The right is reserved to reject all proposals or reject any proposal not conforming to the intent and purpose of the Contract Documents whenever such action appears to be in the best interest of ACHD. Award of a contract pursuant to this invitation may be delayed, without penalty, for up to sixty (60) calendar days after the date of bid.

PROVISION 1 - PUBLIC WORKS CONTRACTORS LICENSE

This Public Works project is not financed in whole or in part by Federal Aid funds. Bid proposals will be accepted only from those contractors including prime contractors, subcontractors and/or specialty contractors, who, prior to bid, hold current licenses as public works contractors in the State of Idaho. A Type 1, 2, or 4 License is required for ACHD contract work. A Type 4 License shall include the appropriate “specialty” categories related to roadway construction. Prospective bidders not holding such license should contact Public Works Contractor State License Board at 1090 East Watertower Street, Meridian, Idaho, 208-332-7149.

Expected Contract Bonding Requirement: $720,000

Date: Tuesday, March 28, 2023

ADA COUNTY HIGHWAY DISTRICT

Dates of Advertisement: March 28 and April 4, 2023

INTRODUCTION

Summary Replace two corrugated metal pipes with a precast stiff leg bridge, roadway asphalt, dewatering, cast-in-place concrete, construct curb, gutter, and sidewalk on both sides of the street, a valley gutter, pedestrian ramps, and install pedestrian railings.

Contact Information Jesse R. Goodpasture

Procurement and Contracting Administrator 3775 Adams Street

Garden City, ID 83714

Email: jgoodpasture@achdidaho.org

Phone: (208) 387-6316 Department:

Procurement

Timeline

Release Project Date March 28, 2023

Question Submission Deadline April 10, 2023, 12:00pm

Question Response Deadline April 18, 2023, 4:30pm

Proposal Submission Deadline April 19, 2023, 3:00pm

INSTRUCTIONS TO BIDDERS

The following Instructions to Bidders are General Requirements that apply to Electronic Procurements.

FORMAT

The Contract Documents are divided into parts, divisions, and sections in keeping with Industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project.

GENERAL DESCRIPTION OF THE PROJECT

A general description of the work to be done is contained in the Invitation to Bid (ITB). The scope is indicated on the accompanying drawings and specified in the applicable parts of these Contract Documents.

DOCUMENT INTERPRETATION

A. The Contract Documents governing the work proposed herein consist of the drawings and all material bound herewith. Said documents are intended to be compatible and to provide all details reasonably required for the execution of the proposed work.

B. Anyone submitting a proposal shall have thoroughly examined all the Contract Documents. Should there be any doubt as to any meaning or intent of any Contract Document statement or provision, all questions or clarifications must be posted in the Q&A section of the solicitation located at the eProcurement Portal located at https://procurement.opengov.com/portal/achdidaho . All questions mailto:jgoodpasture@achdidaho.org tel:(208)387-6316 or clarifications must be submitted by noon on the Monday prior to the Bid Opening.

C. Any interpretation that may alter or change the Contract Documents will be digitally published, in the form of Addenda, which will be furnished to officially listed Plan Holders via the eProcurement Portal . Bidders shall acknowledge receipt of Addenda as instructed.

BIDDER'S UNDERSTANDING

A. Each Bidder must inform their self of the conditions relating to the execution of the work, and it is assumed that the Bidder will adequately inspect the site and become thoroughly familiar with all site conditions and the Contract Documents. Failure to do so will not relieve the successful Bidder of their obligation to enter into a contract and complete the contemplated work in strict accordance with the Contract Documents. It shall be the Bidder's obligation to verify complete satisfaction to all information concerning all site conditions.

B. Ada County Highway District (ACHD) will make available for inspection by prospective Bidders, upon request and prior to the final inquiry deadline, during regular business hours, any information that it may have as to the subsurface conditions and surface topography at the work site.

Investigations, if any, conducted by ACHD of subsurface conditions were made for the purpose of study and design and the ACHD does not assume any responsibility whatever with respect to the sufficiency of borings or of the logs of test borings or of other investigations that have been made or of the interpretations made therefrom; and there is no warranty or guarantee, either expressed or implied, that the conditions indicated by such investigations are representative of those existing through-out such area, or any part thereof.

C. Logs of test borings or topographic maps showing a record of the data obtained by ACHD investigations of surface and subsurface conditions that are made available or bound herewith shall not be considered a part of the contract documents; said logs represent only the opinion of the Engineer as to the character of the materials encountered by the Engineer in their investigations and is provided only for the convenience of the Bidders.

D. Information derived from inspection of logs of test borings, or topographic maps, or from drawings showing location of utilities and structures will not in any way relieve the Bidder from any risk or the responsibility to properly examine the site and make such additional investigations as necessary or from properly fulfilling all the terms of the Contract Documents.

E. Each Bidder shall inform their self of, and the Bidder awarded a contract shall comply with, all Federal, State, and local laws, statutes and ordinances relative to the execution of the work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates;

non-discrimination in the employment of labor; protection of public and employee safety and health;

environmental protection; the protection of natural resources; fire protection; burning and non-burning requirements; permits, fees and similar requirements.

F. The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has been given adequate opportunity to get acquainted with the scope of the Work, the conditions imposed upon execution of the Work and to the Bidder’s satisfaction, has resolved any questions regarding any perceived conflicts, ambiguities, errors, and discrepancies contained within the Contract Documents.

G. ACHD has prepared and upon request will provide prospective Bidders with electronic versions of the Contract Documents and Proposal Documents for Submittal including the Design Plan Sets and Specifications for the proposed project in PDF format. The original digital copy of the electronic design data is retained on file at the ACHD. The electronic data is provided for Bidder convenience and information and will not become part of the Contract. No guarantee or warranty is made by ACHD that the electronic design data provided to the Bidder is compatible with any of the systems that are used by the Bidder, is complete, is representative of the actual conditions at the sight of work, or accurately reflects the quantities and character of the actual work required. The furnishing of electronic design data does not relieve the Bidder from risks or of duty to make examination and investigations of the site of work or of other responsibilities as outlined in the Contract Documents including, but not limited to, the General Conditions.

DRAWINGS

The number of drawings consists of Nine (9) Plan Sheets.

TYPE OF PROPOSAL

A. Unit Price: When the proposal for the work is to be submitted on a unit price basis, unit price bids will be required for all items of work set forth in the proposal, except those designated to be paid for as a lump sum. IN CASE OF DISCREPANCY BETWEEN UNIT PRICES AND TOTALS, UNIT

PRICES WILL PREVAIL.

1. The estimate of quantities of work to be done is tabulated in the Contract Documents and, although stated with as much accuracy as reasonably possible, is approximate only and is established solely for the basis of calculation upon which the award of contract shall be made.

2. Payment to the Contractor will be made on the measurement of work actually performed by the Contractor as specified in the Contract Documents. ACHD reserves the right to increase or decrease the amount of any class of work as may be deemed necessary, unless otherwise specified in the Contract Documents.

B. Lump Sum: When the proposal for the work is to be submitted on a lump sum basis, a single lump sum price shall be submitted in the appropriate place in the Proposal Documents For Submittal.

The total amount to be paid the Contractor shall be the amount of the lump sum.

PREPARATION OF PROPOSALS

A. eProcurement Portalbmit their proposals as electronically sealed bids utilizing the eProcurement

Portal located https://procurement.opengov.com/portal/achdidaho.

B. All Contract Documents and Plans are available through the eProcurement Portal .

C. All blanks on the Vendor Questionnaire and Bid Schedule(s) shall be completed, and the Authorized Signature Form electronically signed as provided. If the Bidder is a corporation, the legal name of the corporation shall be set forth, together with the signature of the officer or officers authorized to sign contracts, attested to by the Secretary of the Corporation, and affix corporate seal, on behalf of the corporation. If the Bidder is a partnership, the true name of the firm shall be set forth, together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. If the signature is by an agent other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with the ACHD prior to opening of proposals or submitted with the proposal.

D. Bidders may modify their electronic Proposals at any time prior to the scheduled closing date and time for the receipt of bids.

E. If any document uploaded and submitted to the eProcurement Portal contains omissions, erasures, or alterations, they shall be initialed by an authorized representative of the Bidder. In addition, the Proposal submitted shall not contain additions of any kind, prices uncalled for, or fail to conform to the conditions of the published Invitation to Bid.

F. Late Bids are not allowed through the eProcurement Portal website. ACHD will not accept a late Bid or Proposal, in any format, regardless of cause or circumstance. Bidders are solely responsible to ensure timely submission of their Proposals to ACHD via the eProcurement Portal.

https://secure.procurenow.com/portal/achdidaho https://secure.procurenow.com/portal/achdidaho ../../../../../portal/achdidaho ../../../../../portal/achdidaho ../../../../../portal/achdidaho

G. All electronic Bids shall be accompanied by the Bid Security and other required documents. If a Cashier’s Check or Certified Check is utilized as the Bid Security, then the Check shall be hand-delivered to or sent to and received by ACHD within 48 hours of the Bid Opening date and time stated in the ITB. The shipping envelope for the Check Bid Security shall be plainly marked with the Project Name, Contract Number, Bid Opening date and time, and state “Bid Security Enclosed”.

H. ACHD assumes no responsibility for failure of any computer or other equipment to deliver all or a portion of the bid or proposal at the time or to the location required by the solicitation.

I. Following the Bid Opening, the Bid Results will be available at the eProcurement Portal.

J. Neither OpenGov nor ACHD warrant that access to and use of the eProcurement Portal will be free from interruptions or free from errors, nor shall OpenGov or ACHD be responsible for any inadvertent disclosure of bid repository information or any unauthorized access to bid repository information by third persons.

K. In the case of known loss of services by OpenGov within two (2) hours prior to the deadline for submission of bids, ACHD will delay the deadline for bid submissions to ensure the ability of potential Bidders to submit bids. If this occurs, instructions will be communicated to known Plan Holders.

“OR-EQUAL” ITEMS

The Contract, if awarded, will be on the basis of material and equipment specified or described in the Proposal Documents for Submittal without consideration of possible “or- equal” items. Whenever it is specified or described in the Proposal Documents For Submittal that an “or-equal” item of material or equipment may be furnished or used by the Contractor if acceptable to the Resident Engineer, Application for Acceptance will not be considered by the Resident Engineer until after the execution of Contract.

STATE AND LOCAL SALES AND USE TAXES

A. State and local sales and use taxes, as required by the laws and statutes of the State and its political subdivisions, shall be paid by the Bidder. Prices quoted in the proposal shall include sales and/or use tax, unless provisions are made in the Contract Documents form to separately itemize such taxes.

B. The Bidder is advised that in accordance with Idaho Code Chapter 15, Title 63, Collection of Taxes from Public Works Contractors, Section 63-1502; that as a condition precedent for the construction of any public works in this state, the Bidder will be required to show proof that they are authorized to do business in the State of Idaho and furnish evidence that they have paid or secured, to the satisfaction of the respective taxing unit, all taxes for which the Bidder and the Bidder property is liable then due or delinquent. Verification that all taxing requirements have been met may be obtained from the State of Idaho, Department of Revenue and Taxation, State Tax Commission, at 700 West State Street, Boise, Idaho 83722.

NAMING OF STATUTORILY-REQUIRED SUBCONTRACTORS

A. Pursuant to Idaho Code, Section 67-2310, the Bidder shall be required to include in their proposal the name and address or names and addresses of the subcontractor(s) who shall perform the plumbing, heating, ventilation, and/or air conditioning (HVAC); and/or electrical work under the construction contract in the event the Bidder secures said contract. If the Bidder intends to self-perform the plumbing, HVAC, and/or electrical work, then the Bidder must be licensed by the State of Idaho to perform such work. The Bidder shall demonstrate compliance with this requirement by listing on the Bid Proposal the Bidder’s valid license number for the plumbing, HVAC, and/or electrical work to be performed by the Bidder.

B. Failure to name subcontractors as required shall render any bid submitted by a Bidder unresponsive and void.

MODIFICATION OF PROPOSAL

In all instances, after having submitted an electronically sealed proposal to ACHD via the eProcurement Portal, a Bidder may only modify their Proposal at any time prior to the scheduled closing date and time for the receipt of bids via the eProcurement Portal.

In all instances, Proposal modifications that are not submitted via the eProcurement Portal, or that contain irregularities that make the Proposal incomplete, indefinite, or ambiguous, will be rejected.

WITHDRAWAL OF PROPOSAL

eProcurement Portal withdrawn prior to the scheduled time for the opening of proposals via the eProcurement Portal (by Bidder or authorized agent). No proposal may be withdrawn after the time scheduled for opening of proposals, unless the time specified in Item 15, Award of Contract, of these Instructions to Bidders shall have elapsed. Please note the only exception under Idaho Code 54-1904B and 54-1904C.

BID SECURITY

A. Proposals must be accompanied by a photocopy or electronic version, e.g. PDF, FAX, etc. of certified check, cashier's check, or a bid bond (collectively referred to hereafter as “Bid Security”) issued by a surety authorized to issue such bonds in the State of Idaho, in the amount of ten percent (10%) of the total amount of the proposal submitted. If a photocopy or electronic version of a certified check, or cashier's check is provided with the proposal, an original certified check or cashier's check shall be submitted to ACHD within 48 hours of the bid opening. Failure to include or timely provide a Bid Security as required herein shall be an informality and irregularity which may be waived by ACHD as provided in Item 24 and if not waived, will render said proposal void and non-responsive.

B. Any Contractor submitting a certified check or cashier's check for bid guarantee will be required to submit within 48 hours of the bid opening, a letter from their bonding company stating that it will guarantee bonding for the Contractor, in the event said Contractor is notified via a “Notice of Intent to Award Letter,” that it is the apparent low Bidder and may be awarded the contract; or provide a letter identifying the type, par value and maturity date (maturity date must coincide with the completion date of this project) of the government obligation to be provided in lieu of performance and payment surety bonds. Said letter is to be included with the bid documents, and shall name the Contractor, project number, and the amount of bonding value being guaranteed.

C. The Bid Security shall be given as a guarantee that the Bidder will not withdraw their proposal for a period of 60-days after bid opening, unless stated in the ITB, and that, if awarded the contract, the successful Bidder will execute the attached contract and furnish the performance bond, payment bond, and insurance herein specified.

D. The attorney-in-fact (resident agent) who executes this bond on behalf of the surety must attach a notarized copy of the Bidder power-of-attorney as evidence of authority to bind the surety on the date of execution of the bond.

E. Surety companies providing bonds shall be listed on the current Federal Treasury List published annually in the FEDERAL REGISTER and authorized to do business in the State of Idaho.

F. The Bid Bond form included in the contract documents is for the optional use of the contractor and bonding company.

RETURN OF BID SECURITY

Within 15-calendar days after award of the contract, the ACHD will return Bid Securities, other than bid bonds, to all Bidders whose proposals are not to be further considered in awarding the contract. The Bid Security, other than bid bond, of the Successful Bidder shall be retained until the contract has been fully

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AWARD OF CONTRACT

A. Within 60-calendar days after the opening of proposals, unless otherwise stated in the Invitation to

Bid, the ACHD will accept one of the proposals or will act in accordance with "Basis of Award," below.

B. ACHD intended acceptance of the proposal will be by written "Notice of Intent to Award Letter," mailed or delivered to the address designated in the proposal.

C. In the event of failure of the lowest cost responsive Bidder to sign and return the contract, together with the acceptable performance bond, payment bond, and insurance prescribed herein, within the time specified, ACHD may award the contract to the next lowest responsive Bidder.

BASIS OF AWARD

A. The award will be made by ACHD on the basis of the proposal from the lowest cost and responsive

Bidder which, in ACHD sole and absolute judgment, will best serve the interests of the ACHD.

B. ACHD reserves the right to accept or reject any or all proposals, and to waive any informalities and irregularities in said proposals and provided in Item 3.24.

C. The ACHD reserves the right to reject all bids, including the apparent low bid, when these bids are in excess of ten percent (10%) over the Engineer’s Estimate.

EXECUTION OF CONTRACT

A. The apparent low-cost Bidder shall, by the date and time specified by ACHD in the “Notice of Intent to Award Letter," execute the contract and file the executed contract, Contract Certification, acceptable bond, and insurance declarations as required in these documents.

B. Upon receipt of the executed contract, Contract Certification, acceptable bonds, and insurance declarations, ACHD will execute the contract.

C. Signature by both parties constitutes execution of the contract.

D. Upon execution of the contract, Owner will post the Bid Abstract on the eProcurement Portal.

PERFORMANCE AND LABOR AND MATERIAL BONDS

A. The apparent low cost responsive Bidder shall provide to ACHD a Performance Bond and a Labor and Material Bond on forms acceptable to ACHD in the amount stated in the General Conditions as security for the faithful performance of the contract and the payment of all persons supplying labor and materials for the construction of the work; and to cover all guarantees against defective workmanship or materials (or both) for a period of two (2) years after the date of Construction Completion of the work by ACHD.

B. The Surety furnishing these bonds shall have a sound financial standing and a record of service satisfactory to the Owner and shall be authorized to do business in the State of Idaho. Surety companies providing bonds shall be listed on the current Federal Treasury List published annually in the FEDERAL REGISTER.

C. The attorney-in-fact (resident agent) who executes the performance and payment bonds in behalf of the surety must attach a notarized copy of the Contractor’s power-of-attorney as evidence of this authority to bind the surety on the date of execution of the bonds. The successful Bidder may provide government obligations, meeting the requirements of Idaho Code 54-1926A, in lieu of performance and labor and material bonds specified herein.

REQUIRED INSURANCE

The apparent low-cost responsive Bidder shall provide to ACHD evidence of the following insurances in the amounts stated:

Type Limits

Workman’s Compensation Statutory

Employer’s Liability $1,000,000

Commercial General Liability $2,000,000

Automobile $2,000,000

FAILURE TO EXECUTE CONTRACT, FURNISH BONDS AND INSURANCES

The apparent low cost responsive Bidder who has received the “Notice of Intent to Award Letter,” and who fails to execute the contract and furnish the executed contract, Contract Certification, required performance bond, payment bond and insurance declarations, by the date and time specified by ACHD in the “Notice of Intent to Award Letter,” may forfeit the Bid Security that accompanied the bid submitted; the Bid Security may be retained, as liquidated damages, by ACHD and it is agreed that this sum is a fair estimate of the amount of damages ACHD will sustain in case the Bidder fails to enter into a contract and furnish the performance bond, payment bond, and insurance certificates as hereinbefore provided. Bid Security deposited in the form of a certified check, or cashier's check shall be subject to the same requirements as a bid bond.

DISQUALIFICATION OF BIDDERS

More than one proposal submitted pursuant to an ITB from an individual, firm, partnership or corporation under the same or different names will not be considered. Evidence of collusion between Bidders will be sufficient cause for rejection of bids so submitted.

TIME OF COMPLETION OF THE WORK

The time of completion of the Work to be performed under this contract is of the essence. Delays and extensions of time may be allowed in accordance with the provisions stated in the General Conditions. The time allowed for the completion of the Work or for Substantial Completion is stated in the Contract Agreement.

NON-RESPONSIVE CRITERIA

All bid proposals submitted that fail to meet the following criteria shall be deemed void and non-responsive:

A. Provide proof of licensure.

B. Provide name and valid contractor license number for plumbing; electrical; and/ or heating, ventilation, and air conditioning (HVAC) subcontractors.

C. Submit their bid or proposal in the manner required by the date and time stated in the Invitation to Bid, Request for Proposal, Request for Qualifications, or other solicitation.

INFORMALITIES AND IRREGULARITIES

Informalities and irregularities may be waived by the ACHD Director following notification by ACHD Procurement and Contracting and upon the Director’s findings that: (1) the subject bid amount is lower than the ACHD estimate; (2) the informality and irregularity has no substantive impact on any substantial or material requirements of the project; (3) waiver of the informality and irregularity will not create an advantage for the subject Bidder; and (4) the informality and irregularity can be corrected by the subject Bidder within 48 hours of the waiver being granted by the ACHD Director. In all other circumstances, waiver of informalities and irregularities can only be considered by the ACHD Commission as part of the bid award process and at the request of the affected Bidder. If not waived, these informalities and irregularities shall result in a bid proposal being deemed void and non-responsive.

Based upon the foregoing, the informalities and irregularities that may be waived include, but are not limited to, the following:

A. Failure to timely provide the required original Bid Security.

B. Failure to provide all other required Bid Security documentation.

C. Failure by the Bidder to sign their bid or proposal.

D. Failure by the Bidder to obtain from ACHD and submit official Ada County Highway District Contract Documents, Plans, and/or Addenda.

E. Minor mathematical errors.

F. Omissions, erasures, or alterations not initialed by an authorized representative of the Bidder.

G. Additions of any kind or prices which are uncalled for in the Request for Proposal.

BID SCHEDULE

SCHEDULE 1, MALLARD AVE BRIDGE #1139, 221019, MI216-13

Line Item Description Quantity Unit of Measure

Unit Cost Total

0201.4.1.C.1 Removal Of Obstructions 1 LS

0202.4.1.A.1 Excavation 613 CY

0204.4.1.A.1 Structural Excavation Schedule 1 573 CY

0204.4.3.A.1 Compacting Backfill 262 CY

0205.4.1.B.1 Dewatering 1 LS

0206.4.1.B.1 Seeding 0.01 ACRE

0206.4.1.H.1.4.3 Loose Riprap D50 266 CY

0702.4.2.A.1 Reinforcing Steel 5,724 LB

0703.4.1.A.1 Concrete (Cast-in-Place) - Class

40A SCH NO. 1

58 CY

Line Item Description Quantity Unit of Measure

Unit Cost Total

0704.4.1.A.1 Bridge/Stiffleg Box Culvert (3 sided) 22' 10" span x 9'6" rise

48 LF

0704.4.1.D.1 Miscellaneous Precast Structure (Type Wingwall)

4 EACH

0706.4.1.A.5 Standard 6-inch Vertical Curb & Gutter

475 LF

0706.4.1.B.3 Concrete Valley Gutters 210 SF

0706.4.1.E.1.5 Concrete Sidewalks, Thickness 5''

242 SY

0706.4.1.H.1.A.A Pedestrian Ramp W/Detectable Warning Domes, Type SD-712A, A

1 EACH

0706.4.1.H.1.C.C3 Pedestrian Ramp W/Detectable Warning Domes, Type SD-712C, C3

1 EACH

0802.4.1.B.1 Crushed Aggregate for Base Type 1 -3/4" Minus

259 TON

0814.4.1.A.1 Plant Mix Pavement - Superpave

SP-3

92 TON

1003.4.1.C.1 Silt Fence 144 LF

1103.4.1.B.1 Traffic Control Signs 500 SF

1103.4.1.C.1.B Traffic Control Barricades, Type

II

5 EACH

1103.4.1.C.1.C Traffic Control Barricades, Type

III

5 EACH

1103.4.1.J.1 Traffic Control Maintenance 100 MH

1134.03.21 Pavement Markings (Paint) 87 SF

1135.01.07 Relocate Roadside Sign 2 EACH

Line Item Description Quantity Unit of Measure

Unit Cost Total

2010.4.1.A.1 Mobilization 1 LS

2050.4.1.B.1 Riprap/Erosion Control Geotextile Non-woven

400 SY

203-020A Removal of Bridge 1 LS

SP 07025 Concrete Waterproofing System 228 SY

SP 11551 Pedestrian Temporary Traffic Control

1,000 CA

SSP 06013 Storm Water Management Plan Preparation & Approval

1 LS

SSP 08125 Asphalt Repair - Other 56 SY

SSP 20108 Combo Pedestrian and Bike Traffic Railing

112 LF

SSP 25050 4" Topsoil 218 SY

SSP 29064 Sod Repair 218 SY

SSP 29093 Remove Tree 6" + 6 EACH

SSP 29101 Remove and Reset Sprinkler System

362 LF

TOTAL

SPECIAL PROVISIONS

Special Provisions See Attached Special Provisions under Attachments

VENDOR QUESTIONNAIRE

Bidder's Information* Example: ABC Contractor

*Response required

../../../../../portal/achdidaho/projects/41696?section=340467

Address, City, State and Zip* 123 Any Street

City, State 12345

*Response required

Contractor Public Works License Number* Eaxmple: 111111-A-4

*Response required

State of Domicile* *Response required

Bidder’s person to contact for additional information regarding this proposal* Example: Joe Smith, Estimator

*Response required

Bidder's Phone Number* 123-456-7890

*Response required

Bidder's Fax Number 123-456-7890

Email* *Response required

COMPLIANCE CERTIFICATION*

Employment of Residents of Idaho

As part of this Bid Proposal submitted to Ada County Highway District (ACHD) the Contractor acknowledges the ACHD requirement to submit a certification that the Contractor will comply with Idaho Code Title 44, Chapter 10. This citation requires, in part:

“…44-1001 Employment of residents of Idaho - Wage scale - Federal funds. In all state, county, municipal, and school construction, repair, and maintenance work under any of the laws of this state the contractor, or person in charge thereof must employ ninety-five percent (95%) bona fide Idaho residents as employees on any such contracts except for procurement authorized in Section 67-2808 (2), Idaho Code, or where under such contracts fifty (50) or less persons are employed the contractor may employ ten percent (10%) nonresidents, provided however, in such a case employers must give preference to the employment of bona fide Idaho residents in the performance of such work; provided, that in work involving the expenditure of federal aid funds this act shall not be enforced in such a manner as to conflict with or be contrary to the federal statutes prescribing a labor preference to honorably discharged members of the United States armed forces, including airmen, soldiers, sailors, and marines, prohibiting as unlawful any other preference or discrimination among the citizens of the United States…”.

“. . . 44-1003. DEFINITIONS OF TERMS USED. Labor is hereby defined to be all services performed in the construction, repair, or maintenance of all state, county, municipal, and school work.

A bona fide resident of Idaho is hereby declared to be a person, who, at the time of his said employment and immediately prior thereto, has resided in this state for not less than one (1) year. . .”.

Pursuant to Idaho Code Title 44, Chapter 10, the Contractor, being duly sworn, depose, and certify that the Contractor shall be in compliance with Idaho Code 44, Chapter 10, throughout the execution of the Project identified herein.

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Bid Security

Bid Security* How is the Bid Security being provided?

☐ Check

☐ PDF of Bid Bond

☐ Electronic verification through Surety 2000

*Response required

10.2. Electronic Bid Bond

Please enter your Bid Bond information from Surety2000 below.

Bid Security Upload a copy of your Bid Security if not provided in person or verified through Surety 2000 above.

Proposal Information

Proposal Statement Confirmation*

1. The undersigned, hereinafter called Bidder, declares that the only persons or parties interested in this proposal are those named herein, that this proposal is, in all respects, fair and without fraud, and that it is made without collusion with any official of Ada County Highway District (ACHD) or with any person submitting another proposal for this contract.

2. The Bidder further declares that the Contract Documents have been carefully examined for the construction of the project, that the Bidder has personally inspected the site and has been satisfied as to the work involved, including materials, equipment and conditions.

3. The Bidder further acknowledges, declares and represents that the Bidder has carefully examined all omissions, erasures and/or alterations (collectively “modifications”) to the Proposal Documents for Submittal made by the Bidder and approves of all such modifications and that the individual(s) initialing any such modifications has authorization to do so on behalf of the Bidder.

4. The Bidder acknowledges the fact that the description of the quantities of work and materials, as included herein, is intended only to indicate the general nature of the work and that this proposal is made according to the provisions and under the terms of the contract documents, which documents are hereby made a part of this proposal.

5. The Bidder further agrees that they have exercised their own judgment regarding the interpretation of subsurface information and has utilized all data believed pertinent, both from the ACHD and other sources in arriving at the Bidder’s conclusions.

6. The Bidder agrees that if it is notified via a “Notice of Intent to Award Letter,” that it is the apparent low Bidder and may be awarded the contract, the Bidder will sign the contract in the form annexed hereto, and deliver to ACHD the executed contract, Contract Certification, bonds and insurance required herein by the date and time specified by ACHD in the “Notice of Intent to Award Letter;” and will to the extent of the Bidder’s proposal, furnish all labor, machinery, tools, apparatus, and other means of construction to do the work and furnish all the materials necessary to complete the work in the manner, in the time, and according to the methods specified in the contract documents and required by ACHD.

7. The Bidder further agrees to complete the construction, in all respects, for which their proposal is accepted within the time period set forth in the Contract Documents.

8. In the event the Bidder is awarded the contract and shall fail to complete the work within the time specified for completion, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to ACHD at the daily rate indicated in the Contract Agreement until the work shall have been finished as provided by the contract documents.

9. The Bidder agrees that all applicable sales and use taxes are included in the stated bid prices for the work, unless provision is made herein for the Bidder to separately itemize the amount of such taxes.

10. The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on the lump sum or unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved.

The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor and materials required to perform the work, including all allowances for indirect costs, overhead and profit for each type or unit of work called for in these Contract Documents.

11. Proposals must be accompanied by a certified check, cashier's check, or an original bid bond issued by a surety authorized to issue such bonds in the State of Idaho, in the amount of ten percent (10%) of the total amount of the proposal submitted. Failure to include a Bid Security as required with the bid will render said proposal void and non-responsive. Any Contractor submitting a certified check or cashier's check for bid guarantee will be required to submit with the proposal a letter from the Bidder’s bonding company stating that it will guarantee bonding for the Contractor, in the event said Contractor is notified via a “Notice of Intent to Award Letter,” that it is the apparent low bidder and may be awarded the contract. Said letter is to be included with the bid documents, and shall name the Contractor, project number, and the amount of bonding value being guaranteed.

12. The Bidder further agrees that in case of its default in executing such contract or providing the required Contract Certification and all required bonds and insurance, the bid security accompanying Proposal Documents for Submittal and any money payable thereon, shall be and remain the property of ACHD.

13. In accordance with Idaho Code 67-2348, and to the extent permitted by Federal laws and regulations, whenever ACHD shall let for bid any contract to a contractor for any public works, the contractor domiciled outside the boundaries of Idaho shall be required, in order to be successful, to submit a bid the same percent less than the lowest bid submitted by a responsible contractor domiciled in Idaho as would be required for such an Idaho domiciled contractor to succeed over the bidding contractor domiciled outside Idaho on a like contract being let in the Bidder’s domiciliary state.

14. In accordance with Idaho Code 67-2349, and to the extent permitted by Federal laws and regulations, whenever ACHD shall let for bid any contract for purchase of any material, supplies, services, or equipment, the Bidder domiciled outside the boundaries of Idaho shall be required, in order to be successful, to submit a bid the same percent less than the lowest bid submitted by a responsible Bidder domiciled in Idaho as would be required for such an Idaho domiciled Bidder to succeed over the Bidder domiciled outside Idaho on a like con-tract being let in the Bidder’s domiciliary state.

14.1 For the purposes of this section, any Bidder domiciled outside the boundaries of the State of Idaho may be considered as an Idaho domiciled Bidder, provided that there exists for a period of one (1) year preceding the date of the bid a significant Idaho economic presence as defined herein. A significant economic presence shall consist of the following:

14.1.1 That the Bidder maintain in Idaho fully staffed offices, or fully staffed sales offices or divisions, or fully staffed sales outlets, or manufacturing facilities, or warehouses or other necessary related property;

and

14.1.2 If a corporation be registered and licensed to do business in the State of Idaho with the office of the Secretary of State.”

15. The Bidder shall acknowledge by their submitting this Proposal that the Addendum have been received by the Bidder and that the Bidder has incorporated their content into the Bid attached hereto.

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Statutorily Required Sub-Contractor Information - Type of Work, Name, Address, and License Number Idaho Code 67-2310 requires that Bidders comply with rules regarding listing of subcontractors for specific areas of licensed work:

1 The Bidder shall include in this Proposal form the name and address or names and addresses of the subcontractor(s) who the Bidder shall subcontract the plumbing, heating, ventilation, and/or air conditioning;

and/or electrical work, in the event the Bidder is awarded the contract.

2 The Bidder shall not name any subcontractor in Proposal form unless the Bidder has received communication from the subcontractor(s) concerning their willingness to participate in the work identified in the Contract Documents. For the purposes of this section, “communication” shall include telephone, mail, facsimile machine, in person, or by computer using the Internet or a bid service.

3 At the time subcontractor(s) are named by the Bidder in this Proposal form, they each shall possesses the appropriate licenses or certificates of competency issued by the State of Idaho covering the contractor work classification in which each respective sub-contractor is named.

4 The Bidder shall comply with Idaho Code 54-1902 (3) which prohibits any public works contractor to accept a bid from any person who at that time does not possess the appropriate public works license for the project involved; or to accept bids to sublet any part of any contract for specialty construction from a specialty contractor who at that time does not possess the appropriate license. This provision does not apply to public works funded in whole or in part by federal aid funds.

5 In the event the Bidder secures the contract and if the Bidder and a named subcontractor cannot finalize the terms of agreement between them for the work for any reason other than cost, the Bidder shall name another subcontractor by written notification within ten (10) days of being awarded the public works contract.

The Bidder shall disclose to ACHD the cost for work to be performed by the substitute subcontractor. If the amount of the substitute subcontractor cost is less than the original subcontractor’s bid, the reduction in cost shall be passed through to the benefit of ACHD.

6 Failure to name subcontractors as required by this section and Idaho Code shall render any bid submitted by the Bidder as unresponsive and void. Knowing failure to comply with Idaho Code 54-1914, 54-1920, and 67-2310 may result in civil and/or criminal penalties.

7 Ada County Highway District has determined that the following licensed subcontractor(s) are required for the Proposed Project:

None

List Required Sub-Contractor name, License Number and Address

Authorize Representative Signature* Once you start your proposal you will be asked to complete a DocuSign form.

Click here to go to the form *Response required

GENERAL CONDITIONS

1. DEFINITIONS

A. “Addenda” or “Addendum” shall mean a change made by the Owner in the bidding or contract documents prior to execution of the contract.

B. “Bar Scheduling Chart” shall mean a construction schedule which contains a bar for each construction activity as set forth in the specifications and indicates the number of days to be actually worked reflecting activity start and end dates.

C. “Calendar Days” shall mean any day shown on the calendar, beginning and ending at midnight.

D. “Contract Documents” shall mean the documents that establish the rights and obligations of the parties and include the Instructions to Bidders, Contract Agreement, Contract Certification, Addendum, Written Amendment (which pertain to Contract Documents), Bid Schedule, Notice to Proceed, Labor/Material Payment Bonds, Performance Bond, General Conditions Plans & Specifications, together with all Change Orders, Field Directives (also known as “AVOs”) and Resident Engineer’s written interpretations and clarifications issued on or after the effective date of the agreement. Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents.

E. “Contract Price” shall mean the monies payable by the Owner to the Contractor for completion of the Work in accordance with the Contract Documents.

F. “Contract Time” shall mean the number of days or the dates stated in the Contract Agreement to complete the Work so that it is ready for final payment as evidenced by Resident Engineer’s written certification of Final Acceptance.

G. “Contract Agreement” shall mean the written instrument, which evidences the contract between Owner and Contractor covering the Work.

https://na4.docusign.net/Member/PowerFormSigning.aspx?PowerFormId=f4d7f973-706a-4c99-a9eb-ef034812f78e&env=na4&acct=94a6fb97-f6a3-406b-8ab2-8282d73a5796&v=2

H. “Contractor” shall mean the individual, firm, corporation, or joint venture undertaking the execution of the Work under the terms of the Contract Documents.

I. “CPM Schedule” shall mean a planning, scheduling and control technique whereby a construction project is completely planned and scheduled and an arrow diagram drawn to show the interconnected individual tasks involved in constructing the project. CPM Schedules permits determination of the relative significance of each project event, and establishes the optimum sequence and duration of the operations.

J. “Final Acceptance” shall mean a written document executed by the Resident Engineer acknowledging that the Work has been completed and is acceptable and that all other obligations imposed on the Contractor by the Contract Documents have been fulfilled.

K. “IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION (ISPWC) Specifications and Drawings”, shall mean those standards adopted by Ada County Highway District Commissioners for use on work performed within the Highway District rights-of-way. Any ACHD Supplemental Standard Specifications to the ISPWC manual shall also be considered part of the adopted standards.

1. The…