Sample_Agreement.pdf

CONTRACT AGREEMENT

Contract Name:Mallard Avenue Bridge #1339 Contract Number: CT223-17 Project Number: 221019 GIS Number: MI216-13 Project Location: Boise, Idaho

CONTRACTOR: TBD

OWNER: ADA COUNTY HIGHWAY DISTRICT

WITNESSETH:

That the parties hereto for consideration hereinafter named, do mutually agree as follows:

1. STATEMENT OF WORK

The Contractor shall furnish the materials and equipment for and perform the work described herein for the consideration stipulated and in compliance with applicable codes as set forth in the bidding documents. Further, the sections of the bidding documents, all of which are made a part hereof and designated as follows, shall apply:

A. INDEX

B. INVITATION TO BID

C. VICINITY MAP

D. INSTRUCTION TO BIDDERS

E. PROPOSAL, BID BOND

F. COMPLIANCE CERTIFICATION

G. BID SCHEDULE

H. SUPPLEMENTAL NOTE

I. SPECIAL PROVISIONS

J. UTILITY INFORMATION SHEET

K. GEOTECHNICAL REPORT

L. ECS

M. ENVIRONMENTAL DOCUMENTS

N. CONTRACT AGREEMENT

O. PERFORMANCE BOND

P. LABOR AND MATERIAL PAYMENT BOND

Q. CONTRACT CERTIFICATION

R. FINAL BILLING CERTIFICATION

S. GENERAL CONDITIONS

T. PLAN SHEETS

2. AMOUNT OF CONTRACT

For the performance of, and the provision of materials and equipment for, the work described herein, ACHD agrees to pay the Contractor the estimated amount of TBD (TBD) This estimate is based upon the estimated quantities of work to be performed as provided in ACHD’s bid documents and the unit prices proposed by the Contractor.

3. FINAL CONTRACT AMOUNT

The final total amount payable to the Contractor will be based upon actual quantities of work performed or the contract quantities, as applicable, at the contract unit prices proposed by the Contractor and incorporated herein, together with adjustments to costs or work resulting from approved contract change orders.

4. TIME OF COMPLETION

The entire work to be performed under this contract shall commence within five calendar days after date of Notice to Proceed, the project shall be substantially complete on or about Friday, December 8, 2023. This completion date is predicated on the Owner's intent to issue a Notice to Proceed to the Contractor on or about August 1, 2023. Should the Owner fail to issue the Notice to proceed on or about August 1, 2023, the required completion

SAMPLE

ADA COUNTY HIGHWAY DISTRICT Page 2 of 7 date shall be extended one calendar day for each calendar day of delay elapsing between and the date the Notice to Proceed is actually issued by the Owner.

Work must begin and be completed as stipulated in this Agreement. Once begun, the Contractor shall diligently continue operations to bring the project to completion without interruption or delay.

5. LIQUIDATED DAMAGES

Failure to complete the work within the contract time stated in the Agreement, including extensions granted thereto, shall entitle the Owner to deduct from the monies due to the Contractor as "Liquidated Damages" of $2,000.00 for each calendar day of delay in completion of all contract work. Liquidated damage assessments shall be cumulative and concurrent.

6. CONTRACTOR FOR PUBLIC WORKS TO PAY OR SECURE TAXES - AGREEMENT

The Contractor, in consideration of securing the business of erecting or constructing public works in this State, recognizing that the business in which he is engaged is of a transitory character, and that in the pursuit thereof, his property used therein may be located outside the State when taxes, excises, or license fees to which he is liable becomes payable agrees:

A. To pay promptly, when due, all taxes (other than on real property), excises and license fees due the State, its subdivisions, and municipal and quasi-municipal corporations therein, accrued or accruing under the terms of this contract, whether or not the same shall be payable at the end of such term and to provide a written affidavit with the final construction payment request certifying to said payment;

B. That if said taxes, excises, and license fees are not payable at the end of said term, but liability for the payment thereof exists, even though the same constitute liens upon the Contractor's property, to secure the same to the satisfaction of the respective officers charged with the collection thereof and to provide a written affidavit with the final construction payment request certifying to said security; and

C. That, if in the event of default in payment of securing of such taxes, excises, and license fees, Ada County Highway District may withhold from any payment due the Contractor hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which said Contractor is liable; and

D. That Contractor’s submission of a completed Final Billing Certification affidavit to ACHD and ACHD’s receipt of a Public Works Tax Release issued by the Idaho Tax Commission shall each be conditions precedent to final payment.

7. ACCEPTANCE AND FINAL PAYMENT

Upon receipt of notice that the work is ready for final acceptance and inspection, the Engineer shall make such inspection, and when he finds the work acceptable, the contract fully performed, and following verification of the receipt of all required documents, he will promptly issue a completion certificate to the Commissioners for approval and payment.

IN WITNESS WHEREOF, the Parties hereto have executed this contract as of the date hereunder:

TBD

ADA COUNTY HIGHWAY DISTRICT

Alexis Pickering, Commission President

ADA COUNTY HIGHWAY DISTRICT Page 3 of 7

ACHD NOTARY BLOCK

STATE OF IDAHO )

) ss.

COUNTY OF ADA )

On this _____ day of ________________, in the year 2023, before me a Notary Public in and for said State, personally appeared _______________, known to me to be the Commission President of Ada County Highway District, Ada County, Idaho, and acknowledged to me that they executed the foregoing instrument for and on behalf of Ada County Highway District, being duly authorized by its Board of Commissioners so to do.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

________________________________________ (SEAL)

Notary Public for the State of Idaho Residing at Boise, Idaho My Commission Expires____________________

CONTRACTOR NOTARY BLOCK

STATE OF ________________ )

COUNTY OF ______________ )

On this ____ day of ________________, in the year 2023, before me a Notary Public in and for said State, personally appeared _________________________, known to me to be the person who executed the foregoing instrument, who, being by me first duly sworn, did depose and say that he is the ____________________________________________ of ___________________________________- _______________________________, and that he executed the foregoing instrument for and on behalf of the said firm for the use and purpose therein stated.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

________________________________________ (SEAL)

Notary Public for the State of _______ Residing at ______________________________ My Commission Expires ____________________

ADA COUNTY HIGHWAY DISTRICT Page 4 of 7

PERFORMANCE BOND

Mallard Avenue Bridge #1339

CT223-17

BOND NUMBER: _________________

KNOW ALL MEN BY THESE PRESENTS:

That ________________________________________________________________________

(Insert name and address or legal title of Contractor) as Principal, hereinafter called Principal, and ________________________________________, a

_________________________ corporation, as Surety, hereinafter called Surety, are held and firmly bound unto

Ada County Highway District, 3775 Adams Street, Garden City, Idaho 83714, as Obligee, hereinafter called

Owner, in the amount of:

(Insert a sum equal to the full contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents.

Firm Representing Surety

Address

City, State, Zip

Phone

WHEREAS, Contractor has by written agreement dated the _____ day of ______________, 2023 entered into a contract with Owner for:

in accordance with drawings and specifications prepared by the Capital Projects Department of Ada County Highway District, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Principal shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

The Surety hereby waives notice of any alterations or extension of time made by the Owner.

Whenever Principal shall be in default under the contract and, according to Owner's obligation thereunder be declared by Owner to be in default, the Surety may promptly remedy the default, or shall promptly:

1. Complete the contract in accordance with its terms and conditions; or

2. Obtain a bid or bids for submission to Owner for completing the contract in accordance with its terms and

ADA COUNTY HIGHWAY DISTRICT Page 5 of 7 conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner and make available, as work progresses, sufficient funds to pay the cost of completion, less that balance of the contract price (even though there should be a default, or defaults, under the contract, or contracts); such funds (including any other costs and damages for which Surety may be liable hereunder) not to exceed the amount set forth in the first paragraph hereof. The term, "balance of the contract price" as used in this paragraph, shall mean the total amount payable by Owner to Principal under the contract and/or any amendments thereto, less any amount previously paid by Owner to Principal.

Any suit under this bond must be instituted before the expiration of 2-years from the date on which final payment under the contract falls due.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner herein named, or its heirs, executors, administrators, successors, or assigns.

PROVIDED, however, that this bond is executed pursuant to the provisions of the Public Contracts Bond Act, and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if set forth in full herein.

IN WITNESS WHEREOF, the Principal and Surety have executed this instrument to become effective on the date of the Contract as set forth above.

Signed and sealed this _____ day of _____________, 2023 A.D. in the presence of:

Surety: Principal:

By: By:

(Attorney-in-Fact) Title:

(SEAL)

ADA COUNTY HIGHWAY DISTRICT Page 6 of 7

LABOR AND MATERIAL PAYMENT BOND

BOND NUMBER: _______________

KNOW ALL MEN BY THESE PRESENTS:

That we _____________________________________________________________________ (Insert name and address of Contractor) as Principal, and the ____________________________, a __________________ corporation, as Surety, are held and firmly bound unto Ada County Highway District in the State of Idaho, as Obligee in the sum of:

(Insert a sum equal to the full contract price) for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents.

Firm Representing Surety

Address

City, State, Zip

Phone

WHEREAS, Contractor has by written agreement dated the _____ day of ________________, 2023, entered into a contract with Owner for:

in accordance with drawings and specifications prepared by the Engineering Department of Ada County Highway District, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall pay all laborers, mechanics, subcontractors, material men and all other persons who shall supply said Principal or said subcontractors with provisions and supplies for the carrying on of such work, then this obligation shall be null and void; otherwise to remain in full force and effect.

PROVIDED, however, that this bond is executed pursuant to the provisions of the Public Contracts Bond Act, and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if set forth in full herein.

IN WITNESS WHEREOF, the Principal and Surety have executed this instrument to become effective on the date of the Contract as set forth above.

DATED this _____ day of _____________, 2023

Principal: Surety:

By: By:

Attorney-in-Fact

ADA COUNTY HIGHWAY DISTRICT Page 7 of 7

ADA COUNTY HIGHWAY DISTRICT

Contractor Affidavit Concerning Taxes Idaho Code § 63-1502

Contract Certification

Pursuant to Idaho Code, Title 63, Chapter 15, I, the undersigned, being duly sworn, depose and certify that I am in conformance with Idaho Code § 63-1502; that I am authorized to do business in the State of Idaho and that I have paid or secured to the satisfaction of the respective taxing units all taxes for which I or my property is liable then due or delinquent, including assessments, excises and license fees levied by the State of Idaho or any taxing unit within the State of Idaho.

Authorized Contractor Signature Date

Title

CONTRACTOR NOTARY

STATE OF )

COUNTY OF )

On this ____ day of ________________, in the year 20_____, before me a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person who executed the foregoing instrument, who, being by me first duly sworn, did depose and say that he/she is the ______________________________________ of _____________________________________, and that he/she executed the foregoing instrument for and on behalf of the said firm for the use and purpose therein stated.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

________________________________________ (SEAL)

Notary Public for the State of _______ Residing at Boise, Idaho My Commission Expires ____________________