HomeMy WebLinkAboutProject Manual Canyon Trail JunctionCity of Twin Falls, Idaho
CANYON TRAIL
JUNCTION
FULL PARK CONSTRUCTION
Parcel # RPT00107020748 & RP10S17E030010
PROJECT MANUAL
Bid Release: Friday, May 31, 2024
Bids Due: Monday, June 17, 2024
No Later Than 1:00 p.m. Local Time
Parks & Recreation Office
136 Maxwell Ave
Twin Falls, ID 83301
PART 1
ADVERTISEMENT FOR BIDS
ADVERTISEMENT FOR BIDS
Sealed bids will be received by the Parks & Recreation Office at 136 Maxwell Ave, Twin Falls, ID,
83301 until 1:00pm local time on Monday, June 17, 2024 for the Canyon Trail Junction and Chobani
Wellness Park construction project.
This project will include construction of a parking lot with ingress/egress, grading and water
retention, restroom and pavilion installation, asphalt and concrete flatwork, landscaping, synthetic
turf, site furnishings, and fitness equipment.
Bids will be opened and publicly read at the above hour and date.
Plans, specifications, forms and other information are on file for examination at the following locations:
1. City of Twin Falls Parks & Recreation Office
2. Shared folder by request to cmunns@tfid.org or ejoseph@tfid.org
A bid bond in the amount of 5% of the total bid amount including any additive alternates, is required.
A Public Works Contractor License class A or higher for the State of Idaho is required to bid this
work. Disadvantaged Business Enterprises are encouraged to submit bids. Federal Procurement
requirements apply to this solicitation.
End Advertisement for Formal Bids
PART 2
INSTRUCTIONS TO BIDDERS
City of Twin Falls | Canyon Trail Junction | Full Park Construction
BIDDER’S CHECK LIST
The Bidder’s Check List is offered to assist prospective bidders in ensuring complete packet
submission.
Check off when completed:
1. ___ Are all blank spaces filled out on Bid Form?
2. ___ Have questions arising from the bidding, contract, specifications or plans been submitted
to the proper authority and resolved in the proper manner?
3. ___ Are Bid amounts shown correctly as well as extensions and totals? Recheck for
errors or omissions. Both lump sum and unit prices must be shown in words
and figures.
4. ___ Are authorized signatures properly affixed to the Bid form, giving title and
Idaho Public Works Contractor license number, evidence of authority to
sign, etc.?
5. ___ 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?
6. ___ Have all other subcontractors, suppliers, individuals or entities as required in the Instructions
to Bidders been listed?
7. ___ Have all Addenda been received and acknowledged with the proper signature on the Bid Form?
8. ___ For full consideration, the Bid form, Bid Security, naming of subcontractors form,
and other required attachments must be placed in a properly addressed sealed
envelope and delivered to the specified authority prior to the time designated for
the bid opening.
9. ___ Has Bid Security been enclosed?
10. ___ Has Bidder performed examinations in accordance with the Instructions to Bidders?
11. ___ Has Bidder included all additional information if needed?
City of Twin Falls | Canyon Trail Junction | Full Park Construction
NOTES:
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Instructions to Bidders for Construction Contracts
Page 1 of 6
INSTRUCTIONS TO BIDDERS
ARTICLE 1 – BIDDING DOCUMENTS
1. Complete sets of the Bidding Documents may be obtained from the Issuing Office, City of
Twin Falls Parks & Recreation or locations identified in the Advertisement for Bids.
2. Complete sets of Bidding Documents shall be used in preparing Bids; Owner assumes no
responsibility for errors or misinterpretations resulting from the use of incomplete sets of
Bidding Documents.
ARTICLE 2 – QUALIFICATIONS OF BIDDERS
1. Demonstrate bidder’s qualifications to perform the Work by providing bidder’s Idaho Public
Works Contractor License No.
2. Bidder is advised to carefully review those portions of the bid form requiring Bidder’s
representations and certifications.
3. Idaho Code 54-1902 requires bidder and subcontractors to have the appropriate Public
Works Contractor’s License to submit a bid for this project.
ARTICLE 3 – EXAMINATION OF BIDDING DOCUMENTS
1. On request, owner will provide bidder access to the site to conduct examinations,
investigations, explorations, tests, and studies as bidder deems necessary for submission of a
bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon
completion of such explorations, investigations, tests, and studies. Bidder shall comply with
all applicable Laws and Regulations relative to excavation and utility locates.
2. It is the responsibility of each bidder before submitting a bid to:
A. Examine and carefully study the Bidding Documents, and other related data
identified in the Bidding Documents;
B. Visit the Site and become familiar with and satisfy Bidder as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work;
C. Become familiar with federal, state, and local Laws and Regulations that may affect
cost, progress, and performance of the Work;
D. Carefully study reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions relating to existing
surface or subsurface structures at the Site and reports and drawings of Hazardous
Environmental Conditions, if any, at the Site.
E. Consider the means, methods, techniques, sequences, and procedures of
construction to be employed by Bidder, including applying any specific means,
methods, techniques, sequences, and procedures of construction expressly required
by the Bidding Documents and Bidder’s safety precautions and programs
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Instructions to Bidders for Construction Contracts
Page 2 of 6
F. Agree at the time of submitting a Bid that no further examinations, investigations,
explorations, tests, studies, or data are necessary for the determination of a Bid for
performance of the Work at the price(s) bid and within the times required, and in
accordance with the other terms and conditions of the Bidding Documents;
G. Become aware of the general nature of the work to be performed by others at the Site
that relates to the Work as indicated in the Bidding Documents;
H. Promptly give Owner written notice of all conflicts, errors, ambiguities, or discrepancies
that Bidder discovers in the Bidding Documents and confirm that the written resolution
thereof by Owner is acceptable to Bidder
3. The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article, that without exception the Bid is
premised upon performing and furnishing the Work required by the Bidding Documents and
applying any specific means, methods, techniques, sequences, and procedures of
construction that may be shown or indicated or expressly required by the Bidding
Documents, that Bidder has given Owner written notice of all conflicts, errors, ambiguities,
and discrepancies that Bidder has discovered in the Bidding Documents and the written
resolutions thereof by Owner are acceptable to Bidder, and that the Bidding Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performing and furnishing the Work.
ARTICLE 4 – PRE-BID CONFERENCE
1. A non-mandatory pre-bid conference will be held at the project site, 42.591701, -
114.439944, SE corner of Poleline Road and Eastland in Twin Falls, Idaho. on Thursday,
May 30, 2024 at 2:00pm.
ARTICLE 5– SITE AND OTHER AREAS
1. The Site is identified in the Bidding Documents. Building Permits are to be obtained and paid
for by Owner. 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.
ARTICLE 6 – INTERPRETATIONS AND ADDENDA
1. All questions about the meaning or intent of the Bidding Documents are to be submitted to
Owner in writing. Interpretations or clarifications considered necessary by Owner in
response to such questions will be issued by Addenda. The deadline for bidder questions is
three business days prior to Bid Opening. Only questions answered by Addenda will be
binding. Oral and other interpretations or clarifications will be without legal effect.
2. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed
advisable by Owner or Engineer.
3. Bidders may only contact, in writing, the City of Twin Falls Parks Superintendent.
ARTICLE 7 – SUBSTITUTE AND “OR-EQUAL” ITEMS
1. The Contract, if awarded, will be based on materials and equipment specified in Bidding
Documents. No item of material or equipment will be considered by Owner as a substitute
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Instructions to Bidders for Construction Contracts
Page 3 of 6
unless written request for approval has been submitted by Bidder and has been received by
Owner three days before receipt of bids. The burden of proof and merit of the proposed item
is upon Bidder. If Owner approves any proposed item, such approval will be set forth in an
Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in
any other manner.
ARTICLE 8– SUBCONTRACTORS, SUPPLIERS AND OTHERS
1. Per Idaho Code 67-2310, Bidder shall include names, addresses, and Idaho Public Works
Contractor License numbers of the Subcontractors who shall perform work under the general
Contract. Failure to name Subcontractors as required by this section shall render any Bid
submitted by the Bidder unresponsive and void. Use Naming of Subcontractors Form 2020
ISPWC 00440-1.
ARTICLE 9 – PREPARATION OF BID
1. All blanks on the Bid Form shall be completed in ink and the Bid Form signed.
2. A Bid by a corporation shall be executed in the corporate name by the president or a vice-
president or other corporate officer accompanied by evidence of authority to sign. The
corporate address and state of incorporation shall be shown.
3. A Bid by a partnership shall 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 shall be shown.
4. A Bid by a limited liability company shall be executed in the name of the firm by a member
and accompanied by evidence of authority to sign. The state of formation of the firm and the
official address of the firm shall be shown.
5. A Bid by an individual shall show the Bidder’s name and official address.
6. A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on
the Bid Form. The official address of the joint venture shall be shown. Include evidence of
authority to sign.
7. All names shall be printed in ink below the signatures.
8. Contact information for communications regarding the Bid shall be shown.
9. The Bid shall contain evidence of Bidder’s authority and qualification to do business in
Idaho. Bidder’s Idaho Public Works Contractor License Number shall also be shown.
ARTICLE 10 – BASIS OF BID; COMPARISON OF BIDS
1. Lump Sum
A. Bidders shall submit a Bid on a Lump Sum Basis for Base Bid and each item of Work
listed in the Bid schedule.
B. 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.
ARTICLE 11 – SUBMITTAL OF BID
1. A Bid shall be submitted no later than the date and time prescribed and at the place
indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked,
sealed package with the project title, the name and address of Bidder, and shall be
accompanied by any other required documents. If a Bid is sent by mail or other delivery
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Instructions to Bidders for Construction Contracts
Page 4 of 6
system, the sealed envelope containing the Bid shall be enclosed in a separate package
plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be
addressed to City of Twin Falls, Parks & Recreation, 136 Maxwell Ave, Twin Falls, ID
83301. It is the Bidder’s sole responsibility to ensure that its Bid is delivered to the location of
the Bid opening at the appointed place and time.
1. Bids shall include a price on each item of work in the Base Bid.
ARTICLE 12 – MODIFICATION AND WITHDRAWAL OF BID
1. A Bid may be modified or 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.
2. Relief from Bids. (a) If an awarding authority for the public entity determines that a Bidder is
entitled to relief from a Bid because of mistake, the authority shall prepare a report in writing
to document the facts establishing the existence of error. The report shall be available for
inspection as a public record and shall be filed with the public entity soliciting bids. (b) A
Bidder claiming a mistake satisfying all the conditions of Section 54-1904C, Idaho Code,
shall be entitled to relief from the Bid and have any Bid Security returned by the public entity.
The Bidder shall establish to the satisfaction of the public entity that a mistake was made.
ARTICLE 13 – OPENING OF BIDS
1. Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid
and, unless obviously non-responsive. An abstract of the amounts of the Base Bids and
Alternates (if applicable) will be made available to Bidders after the opening of Bids.
ARTICLE 14 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE
1. 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 prior to the end of this period.
ARTICLE 15 – EVALUATION OF BIDS AND AWARD OF CONTRACT
1. Owner reserves the right to reject any or all Bids, including without limitation, nonconforming,
nonresponsive, unbalanced, or conditional Bids.
2. More than one Bid for the same Work from an individual or entity under the same or different
names will not be considered. Reasonable grounds for believing that any Bidder has an
interest in more than one Bid for the Work may be cause for disqualification of that Bidder
and the rejection of all Bids in which that Bidder has an interest.
3. In evaluating Bids, Owner will consider whether or not 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.
4. In evaluating Bids, Owner will consider if Bidder holds the requisite Public Works
Contractor’s License.
5. If the Contract is to be awarded, Owner will award the Contract to the qualified Bidder
submitting the lowest responsive Bid. The lowest responsive Bid will be determined by the
Owner based upon the combination of Base Bid and Additive Alternate(s) (if
applicable/accepted) that is in the best interest of the Owner.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Instructions to Bidders for Construction Contracts
Page 5 of 6
6. The anticipated schedule for this project is as follows:
a. Bids Due – June 17, 2024 @ 1:00pm local time
b. Anticipated Notice of Intent to Award – June 17, 2024
c. Anticipated City Council Approval – June 24, 2024
d. Anticipated Award Date and Notice to Proceed - June 25, 2024
e. Substantial Completion – October 31, 2024
f. Final Completion – May 30, 2025
7. In accordance with Idaho Administrative Procedures Act (IDAPA) 38.05.01, criteria used to
determine responsible Bids may include the following, as determined by the Owner:
A. Standards of Responsibility:
a. Availability of the appropriate financial, material, equipment, facility, and
personnel resources and expertise, or the ability to obtain them, necessary to
indicate capability to meet all contractual requirements;
b. A satisfactory record of integrity;
c. Qualified legally to contract with the procurement activity and qualified to do
business in the State of Idaho;
d. Unreasonably failed to supply any necessary information in connection with
the inquiry concerning responsibility;
e. Requisite experience;
f. A satisfactory prior performance record, if applicable; or
g. Difference between the Bidder and the mean of all other bids received.
ARTICLE 16 – SIGNING OF AGREEMENT
1. The Successful Bidder shall review, sign, and deliver the Agreement, along with the other
Contract Documents, which are identified in the Agreement as attached hereto within 5 days
of receipt of Agreement. Within five (5) business days upon Contract approval and signature
by Owner, Owner shall deliver one (1) fully signed counterpart to Successful Bidder.
ARTICLE 17 – SALES AND USE TAXES
1. Refer to the Bidding Documents for tax requirements. Contractor shall pay all sales,
consumer, use, and other similar taxes required to be paid by Contractor in accordance with
the Laws and Regulations of the State of Idaho which are applicable during the performance
of the Work.
ARTICLE 18 – PROTESTS TO OWNER
1. Prior to a submission of a protest relating to or arising from the solicitation for Bids, all
parties shall use their best efforts to resolve concerns raised by an interested party through
open and frank discussions.
2. Protests shall be concise and logically presented to facilitate review by the Owner.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Instructions to Bidders for Construction Contracts
Page 6 of 6
3. Protests shall include the following information:
A. Name, address and telephone numbers of the protester;
B. Solicitation or contract number;
C. Detailed statement of the legal and factual grounds for the protest, to include a
description of resulting prejudice to the protester;
D. Copies of relevant documents;
E. Request for a ruling by the Owner;
F. Statement as to the form of relief requested;
G. All information establishing that the protester is an interested party for the purpose of
filing a protest; and
H. All information establishing the timeliness of the protest.
1. All protests filed directly with the Owner will be addressed to the manager of Owner or other
official designated to receive protests.
2. Protests based on alleged apparent improprieties in the Bidding Documents and solicitation
procedures or evaluation and award criteria shall be filed at least ten (10) calendar days
before the proposal submittal date. Failure to promptly file a protest based on solicitation
procedures or evaluation and award criteria shall be deemed a waiver of the right to pursue
a protest. In all other cases, protests shall be filed no later than five (5) calendar days after
the basis of protest is known or should have been known, whichever is earlier, but no later
than ten (10) days after the proposal due date.
3. Action upon receipt of protest.
A. Upon receipt of a protest before award, a contract may not be awarded, pending
resolution of the protest, unless contract award is justified, in writing, to be in the best
interest of the Owner.
B. If award is withheld pending Owner resolution of the protest, the Owner will inform
the proposers whose proposals might become eligible for award of the contract. If
appropriate, the proposers will be requested, before expiration of the time for
acceptance of their proposals, to extend the time for acceptance to avoid the need
for re-solicitation. In the event of failure to obtain such extension of time,
consideration should be given to proceeding with award pursuant to paragraph
21.06.A.
C. Upon receipt of a protest within ten (10) days after contract award, the Owner shall
immediately suspend performance, pending resolution of the protest, including any
review by an independent higher level official, unless continued performance is
justified, in writing, for urgent and compelling reasons or is determined, in writing, to
be in the best interest of the Owner.
D. Pursuing an Owner protest does not extend the time of obtaining a judicial stay,
injunction or other remedy.
E. The Owner shall make its best efforts to resolve protests within 20 days after the
protest is filed. To the extent permitted by law and regulation, the parties may
exchange relevant information.
F. Owner protest decisions shall be well-reasoned, and explain the Owner’s position.
The protest decision shall be provided to the protestor using a method that provides
evidence of receipt.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
PART 3
BID PACKAGE
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Bid Form for Construction Contract Page 1 of 5
BID FORM FOR CONSTRUCTION CONTRACT
ARTICLE 1—OWNER AND BIDDER
1. This Bid is submitted to: City of Twin Falls
Parks & Recreation Department
136 Maxwell Ave.
Twin Falls, ID 83301
2. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with
Owner in the form included in the Bidding Documents to perform all Work as specified or indicated
in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance
with the other terms and conditions of the Bidding Documents.
ARTICLE 2—ATTACHMENTS TO THIS BID
1. The following documents are submitted with and made a condition of this Bid:
A. Bidder shall include in Bid the name, or names and address, or addresses, and Idaho Public
Works Contractor License Numbers of the Subcontractors who shall, in the event the Bidder
secures the Contract, subcontract any work under the General Contract;
B. State of Idaho Public Works Contractor’s License No.: ;
ARTICLE 3—BID FORM
1. BASE BID AND ALTERNATES
A. Base Proposal: The bidder agrees to perform all of the base proposal work described in the plans and
specifications for the Sum of: $_________________________________________________________
B. Unit Prices Breakdown: Bidder will perform the following Work at the indicated unit prices:
BID SCHEDULE A – BASE BID: AS INDICATED ON THE DRAWINGS AND SPECIFICATIONS
Item No.
Description
Unit
Estimated
Quantity
Bid Price
1 Mobilization, Temporary Facilities
and controls
LS 1
$
2 Clearing and Grubbing LS
$
3 Temporary Facilities and Controls,
SWPP LS 1
$
4 Site Work, Grading, Utilities,
Earthwork, Site Prep, Site
Drainage, and Temporary Fence
LS
$____________________
5
Restroom: Base, placement,
Water, Sewer, Electric, Transport
(restroom already purchased)
LS 1
$____________________
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Bid Form for Construction Contract Page 2 of 5
6 Shade Structures: Foundation,
posts, sails LS 6
$____________________
7 Hardscape: Concrete, seat walls,
pads, pavers, boulders transported
from city properties, or other
LS
$____________________
8 Asphalt: Approach, parking, paths,
curb & gutter LS
$____________________
9 Exercise Equipment: footings,
posts, implements, surfacing,
bouldering
LS
$_____________________
10 Synthetic turf Area LS
$_____________________
11 Irrigation: Main, valves, drip (off-
potable system) LS
$_____________________
12 Landscape: Trees, shrubs, flowers,
mulch LS
$_____________________
13
Total Base Bid Amount
$_____________________
ARTICLE 4—TIME OF COMPLETION
1. Bidder agrees that all items included in Base Bid and Additive Alternatives (if applicable), if awarded,
will be substantially complete and will be completed and ready for final payment in accordance with
General Conditions on or before the dates or within the number of calendar days indicated in the
Agreement.
2. Bidder accepts the provisions of the Agreement as to liquidated damages.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Bid Form for Construction Contract Page 3 of 5
ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND
RECEIPT OF ADDENDA
5.01 Bid Acceptance Period
A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer
period of time that Bidder may agree to in writing upon request of Owner.
5.02 Instructions to Bidders
A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without
limitation those dealing with the disposition of Bid security.
5.03 Receipt of Addenda
A. Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number Addendum Date
ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS
6.01 Bidder’s Representations
A. In submitting this Bid, Bidder represents the following:
1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.
2. Bidder has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local, and Site conditions that may
affect cost, progress, and performance of the Work.
3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Bidder has carefully studied the drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such drawings.
5. Bidder has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in
the Supplementary Conditions, with respect to Technical Data in such reports and
drawings.
6. Bidder has considered the information known to Bidder itself; information commonly
known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Bidding Documents; and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the
effect of such information, observations, and Technical Data on (a) the cost, progress, and
performance of the Work; (b) the means, methods, techniques, sequences, and
procedures of construction to be employed by Bidder, if selected as Contractor; and
(c) Bidder’s (Contractor’s) safety precautions and programs.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Bid Form for Construction Contract Page 4 of 5
7. Based on the information and observations referred to in the preceding paragraph, Bidder
agrees that no further examinations, investigations, explorations, tests, studies, or data
are necessary for the performance of the Work at the Contract Price, within the Contract
Times, and in accordance with the other terms and conditions of the Contract.
8. Bidder is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Bidding Documents.
9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies
between Site conditions and the Contract Documents, and the written resolution thereof
by Engineer is acceptable to Contractor.
10. The Bidding Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
11. The submission of this Bid constitutes an incontrovertible representation by Bidder that
without exception the Bid and all prices in the Bid are premised upon performing and
furnishing the Work required by the Bidding Documents.
6.02 Bidder’s Certifications
A. The Bidder certifies the following:
1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any collusive agreement or
rules of any group, association, organization, or corporation.
2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false
or sham Bid.
3. Bidder has not solicited or induced any individual or entity to refrain from bidding.
4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for the Contract. For the purposes of this Paragraph 6.02.A:
a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the bidding process.
b. Fraudulent practice means an intentional misrepresentation of facts made (a) to
influence the bidding process to the detriment of Owner, (b) to establish bid prices at
artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and
open competition.
c. Collusive practice means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner, a purpose of which is to establish bid prices
at artificial, non-competitive levels.
d. Coercive practice means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or
affect the execution of the Contract.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Bid Form for Construction Contract Page 5 of 5
BIDDER hereby submits this Bid as set forth above:
Bidder:
(typed or printed name of organization)
By:
(individual’s signature)
Name:
(typed or printed)
Title:
(typed or printed)
Date:
(typed or printed)
If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.
Attest:
(individual’s signature)
Name:
(typed or printed)
Title:
(typed or printed)
Date:
(typed or printed)
Address for giving notices:
Bidder’s Contact:
Name:
(typed or printed)
Title:
(typed or printed)
Phone:
Email:
Address:
Bidder’s Contractor License No.: (if applicable)
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Bid Bond (Penal Sum Form) Page 1 of 2
BID BOND (PENAL SUM FORM)
Bidder Surety
Name: Name:
Address (principal place of business): Address (principal place of business):
Owner Bid
Name: City of Twin Falls
Address (principal place of business): City of Twin Falls | Canyon Trail Junction | Full Park
Construction
PO Box 1907
Twin Falls, ID 83303
Bid Due Date:
June 10, 2024
Bond
Penal Sum:
Date of Bond:
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond,
do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
Bidder Surety
(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)
By: By:
(Signature) (Signature) (Attach Power of Attorney)
Name: Name:
(Printed or typed) (Printed or typed)
Title: Title:
Attest: Attest:
(Signature) (Signature)
Name: Name:
(Printed or typed) (Printed or typed)
Title: Title:
Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as
joint venturers, if necessary.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Bid Bond (Penal Sum Form) Page 2 of 2
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors,
and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.
Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under
the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.
2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by
the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation will be null and void if:
3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents
(or any extension thereof agreed to in writing by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment bonds required by the Bidding Documents, or
3.2. All Bids are rejected by Owner, or
3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents
(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety
when required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with
reasonable promptness, identifying this Bond and the Project and including a statement of the amount
due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice
of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award
including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety’s
written consent.
6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default
required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after
the Bid due date.
7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in
the state in which the Project is located.
8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by
United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and
will be deemed to be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the
authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute,
seal, and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of
any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set
forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said
statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and
effect.
11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Naming of Subcontractors Form
Per Idaho Code, 67-2310, Bidder shall include in his or her Bid the names and address, and Idaho
Public Works Contractor License Number of the Subcontractors who shall, in the event the Bidder
secures the Contract, subcontract the plumbing, heating and air-conditioning work, and electrical
work under the general Contract. Failure to name Subcontractors as required shall render any Bid
submitted by the Bidder unresponsive and void.
Subcontractor Name and Address Classification License Number
NOTES TO USER
1. This form must be included for all bids.
2020 ISPWC 00440 -1
City of Twin Falls | Canyon Trail Junction | Full Park Construction
THIS PAGE WAS INTENTIONALLY LEFT BLANK
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Agreement Between Owner and Contractor for Construction Contract Page 1 of 6
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
This Agreement is by and between City of Twin Falls, Idaho (“Owner”) and
(“Contractor”).
Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary
Conditions.
Owner and Contractor hereby agree as follows:
ARTICLE 1—WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
A. Construction of a parking lot with ingress/egress, grading and water retention, restroom
and pavilion installation, asphalt and concrete flatwork, landscaping, synthetic turf, site
furnishings, and fitness equipment.
ARTICLE 2—THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows:
1. City of Twin Falls – Canyon Trail Junction, Full Park Construction
ARTICLE 3—LANDSCAPE ARCHITECT
3.01 The project has been designed by the Owner’s consultant Stack Rock Group – Landscape
Architects.
ARTICLE 4—CONTRACT TIMES
4.01 Time is of the essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times: Dates
A. The Work will be substantially complete on or before October 31, 2024, and completed and
ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or
before May 30, 2025.
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Agreement Between Owner and Contractor for Construction Contract Page 2 of 6
ARTICLE 5—CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents, the amounts that follow, subject to adjustment under the Contract:
A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.
ARTICLE 6—PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions. Applications for Payment will be processed by the City as provided in the General
Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment
on or about the 30th day of each month during performance of the Work as provided in
Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted
in a timely manner and otherwise meet the requirements of the Contract. All such payments
will be measured by the Schedule of Values established as provided in the General Conditions
(and in the case of Unit Price Work based on the number of units completed) or, in the event
there is no Schedule of Values, as provided elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not limited
to liquidated damages, in accordance with the Contract.
a. 95 percent of the value of the Work completed (with the balance being retainage).
b. 95 percent of cost of materials and equipment not incorporated in the Work (with
the balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 95 percent of the Work completed, less such amounts set off by
Owner pursuant to Paragraph 15.01.E of the General Conditions.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the
Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
A. Owner will not make final payment, or return or release retainage at Substantial Completion
or any other time, unless Contractor submits written consent of the surety to such payment,
return, or release.
6.05 Interest
A. All amounts not paid when due will bear interest at the rate of 6% percent per annum.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Agreement Between Owner and Contractor for Construction Contract Page 3 of 6
ARTICLE 7—CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).
3. Standard General Conditions, ISPWC (2020 Edition).
4. Technical Specifications and Specifications (not attached but incorporated by reference)
consisting of the Idaho Standards for Public Works Construction (ISPWC – 2020 Edition),
excluding Division 100 and City of Twin Falls Revisions.
5. Drawings
6. Addenda (numbers __ to __, inclusive).
7. Contractor’s Bid
8. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
e. Warranty Bond, if any.
9. In the event of inconsistency between the Contract Documents, the Contract Documents
shall be interpreted in accordance with the listed priorities set forth in this provision, i.e,
requirements of item 1 shall supersede all lower ranked items.
B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the Contract.
ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS
8.01 Contractor’s Representations
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Agreement Between Owner and Contractor for Construction Contract Page 4 of 6
A. To induce Owner to enter into this Contract, Contractor makes the following
representations:
1. Contractor has examined and carefully studied the Contract Documents, including
Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local, and Site conditions that may
affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Contractor has carefully studied the drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the drawings.
5. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the
effect of such information, observations, and Technical Data on (a) the cost, progress, and
performance of the Work; (b) the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor; and (c) Contractor’s safety
precautions and programs.
6. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price,
within the Contract Times, and in accordance with the other terms and conditions of the
Contract.
7. Contractor is aware of the general nature of work to be performed by Owner and others
at the Site that relates to the Work as indicated in the Contract Documents.
8. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and of
discrepancies between Site conditions and the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
9. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
10. Contractor’s entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
11. The Contractor is an appropriately licensed public works contractor per Idaho Code
Section 54-1902.
12. Contractor shall comply with all Laws and Regulations applicable to the performance of
the Work. Except where otherwise expressly required by applicable Laws and
Regulations, neither Owner nor Engineer shall be responsible for monitoring the
Contractor’s compliance with any Laws or Regulations.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Agreement Between Owner and Contractor for Construction Contract Page 5 of 6
13. Contractor shall comply with Build America Buy America Act and additional provisions as
outlined in Federal Form FHWA-1273, the “Required Contract provisions – Federal-Aid
Construction Contracts with the exception of Section IV – Davis Bacon and Related Act
Provisions, as this Act is not applicable to this project.
8.02 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this
Paragraph 8.02:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of Owner,
(b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive
Owner of the benefits of free and open competition;
3. “collusive practice” means a scheme or arrangement between two or more Bidders, with
or without the knowledge of Owner, a purpose of which is to establish Bid prices at
artificial, non-competitive levels; and
4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in the bidding process or affect the
execution of the Contract.
B. Contractor certifies the contractor is not suspended or disbarred from participating in
covered transactions with the Federal Government.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Agreement Between Owner and Contractor for Construction Contract Page 6 of 6
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on (which is the Effective Date of the
Contract).
Owner: Contractor:
(typed or printed name of organization) (typed or printed name of organization)
By: By:
(individual’s signature) (individual’s signature)
Date: Date:
(date signed) (date signed)
Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
(If [Type of Entity] is a corporation, a partnership, or a
joint venture, attach evidence of authority to sign.)
Attest: Attest:
(individual’s signature) (individual’s signature)
Title: Title:
(typed or printed) (typed or printed)
Address for giving notices: Address for giving notices:
Designated Representative: Designated Representative:
Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
Address: Address:
Phone: Phone:
Email: Email:
(If [Type of Entity] is a corporation, attach evidence of
authority to sign. If [Type of Entity] is a public body,
attach evidence of authority to sign and resolution or
other documents authorizing execution of this Agreement.)
License No.:
(where applicable)
State:
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Performance Bond Page 1 of 4
PERFORMANCE BOND
Contractor Surety
Name: Name:
Address (principal place of business): Address (principal place of business):
Owner Contract
Name: City of Twin Falls Description (name and location):
Mailing address (principal place of business): City of Twin Falls | Canyon Trail Junction | Full Park
Construction
PO Box 1907
Twin Falls, ID 83303
Contract Price:
Effective Date of Contract:
Bond
Bond Amount:
Date of Bond:
(Date of Bond cannot be earlier than Effective Date of Contract)
Modifications to this Bond form:
☐ None ☐ See Paragraph 16
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this
Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer,
agent, or representative.
Contractor as Principal Surety
(Full formal name of Contractor) (Full formal name of Surety) (corporate seal)
By: By:
(Signature) (Signature)(Attach Power of Attorney)
Name: Name:
(Printed or typed) (Printed or typed)
Title: Title:
Attest: Attest:
(Signature) (Signature)
Name: Name:
(Printed or typed) (Printed or typed)
Title: Title:
Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to
Contractor, Surety, Owner, or other party is considered plural where applicable.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Performance Bond Page 2 of 4
1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors, and assigns to the Owner for the performance of the Construction
Contract, which is incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no
obligation under this Bond, except when applicable to participate in a conference as provided in
Paragraph 3.
3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond
will arise after:
3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering
declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a
conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance.
If the Owner does not request a conference, the Surety may, within five (5) business days after
receipt of the Owner’s notice, request such a conference. If the Surety timely requests a
conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference
requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s
receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the
Contractor shall be allowed a reasonable time to perform the Construction Contract, but such
an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor
Default;
3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the
Surety; and
3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of
the Construction Contract to the Surety or to a contractor selected to perform the Construction
Contract.
4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not
constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the
Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.
5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the
Surety’s expense take one of the following actions:
5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the
Construction Contract;
5.2. Undertake to perform and complete the Construction Contract itself, through its agents or
independent contractors;
5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a
contract for performance and completion of the Construction Contract, arrange for a contract
to be prepared for execution by the Owner and a contractor selected with the Owners
concurrence, to be secured with performance and payment bonds executed by a qualified
surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price
incurred by the Owner as a result of the Contractor Default; or
5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor,
and with reasonable promptness under the circumstances:
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Performance Bond Page 3 of 4
5.4.1 After investigation, determine the amount for which it may be liable to the Owner and,
as soon as practicable after the amount is determined, make payment to the Owner; or
5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety
shall be deemed to be in default on this Bond seven days after receipt of an additional written notice
from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and
the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as
provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in
whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available
to the Owner.
7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to
the Owner will not be greater than those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety will not be greater than those of the Owner under the
Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract
Price, the Surety is obligated, without duplication for:
7.1. the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default,
and resulting from the actions or failure to act of the Surety under Paragraph 5; and
7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract,
actual damages caused by delayed performance or non-performance of the Contractor.
8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount
of this Bond.
9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are
unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or
set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any
person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.
10. The Surety hereby waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts, purchase orders, and other obligations.
11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent
jurisdiction in the location in which the work or part of the work is located and must be instituted
within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety refuses or fails to perform its obligations under
this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the
minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be
applicable.
12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown
on the page on which their signature appears.
13. When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the construction was to be performed, any provision in this Bond conflicting with said
statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Performance Bond Page 4 of 4
statutory or other legal requirement will be deemed incorporated herein. When so furnished, the
intent is that this Bond will be construed as a statutory bond and not as a common law bond.
14. Definitions
14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under
the Construction Contract after all proper adjustments have been made including allowance for
the Contractor for any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid
and proper payments made to or on behalf of the Contractor under the Construction Contract.
14.2. Construction Contract—The agreement between the Owner and Contractor identified on the
cover page, including all Contract Documents and changes made to the agreement and the
Contract Documents.
14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to
perform or otherwise to comply with a material term of the Construction Contract.
14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the
Contractor as required under the Construction Contract or to perform and complete or comply
with the other material terms of the Construction Contract.
14.5. Contract Documents—All the documents that comprise the agreement between the Owner and
Contractor.
15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor
in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.
16. Modifications to this Bond are as follows: None
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Payment Bond Page 1 of 4
PAYMENT BOND
Contractor Surety
Name: Name:
Address (principal place of business): Address (principal place of business):
Owner Contract
Name: City of Twin Falls Description (name and location):
Mailing address (principal place of business): City of Twin Falls | Canyon Trail Junction | Full Park
Construction PO Box 1907
Twin Falls, ID 83303
Contract Price:
Effective Date of Contract:
Bond
Bond Amount:
Date of Bond:
(Date of Bond cannot be earlier than Effective Date of Contract)
Modifications to this Bond form:
☐ None ☐ See Paragraph 18
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this
Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or
representative.
Contractor as Principal Surety
(Full formal name of Contractor) (Full formal name of Surety) (corporate seal)
By: By:
(Signature) (Signature)(Attach Power of Attorney)
Name: Name:
(Printed or typed) (Printed or typed)
Title: Title:
Attest: Attest:
(Signature) (Signature)
Name: Name:
(Printed or typed) (Printed or typed)
Title: Title:
Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to
Contractor, Surety, Owner, or other party is considered plural where applicable.
City of Twin Falls | Canyon Trail Junction | Full Park Construction
Payment Bond Page 2 of 4
1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment
furnished for use in the performance of the Construction Contract, which is incorporated herein by
reference, subject to the following terms.
2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies,
and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking
payment for labor, materials, or equipment furnished for use in the performance of the Construction
Contract, then the Surety and the Contractor shall have no obligation under this Bond.
3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner
under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the
address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the
Owner’s property by any person or entity seeking payment for labor, materials, or equipment
furnished for use in the performance of the Construction Contract, and tendered defense of such
claims, demands, liens, or suits to the Contractor and the Surety.
4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the
Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim,
demand, lien, or suit.
5. The Surety’s obligations to a Claimant under this Bond will arise after the following:
5.1. Claimants who do not have a direct contract with the Contractor
5.1.1. have furnished a written notice of non-payment to the Contractor, stating with
substantial accuracy the amount claimed and the name of the party to whom the
materials were, or equipment was, furnished or supplied or for whom the labor was
done or performed, within ninety (90) days after having last performed labor or last
furnished materials or equipment included in the Claim; and
5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13).
5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim
to the Surety (at the address described in Paragraph 13).
6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that
is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under
Paragraph 5.1.1.
7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the
Surety shall promptly and at the Surety’s expense take the following actions:
7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt
of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts
that are disputed; and
7.2. Pay or arrange for payment of any undisputed amounts.
7.3. The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed
to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,
except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety
shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter
to recover any sums found to be due and owing to the Claimant.
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Payment Bond Page 3 of 4
8. The Surety’s total obligation will not exceed the amount of this Bond, plus the amount of reasonable
attorney’s fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any
payments made in good faith by the Surety.
9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the
performance of the Construction Contract and to satisfy claims, if any, under any construction
performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that
all funds earned by the Contractor in the performance of the Construction Contract are dedicated to
satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to
use the funds for the completion of the work.
10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that
are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs
or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make
payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants
under this Bond.
11. The Surety hereby waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts, purchase orders, and other obligations.
12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located
or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety
pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone
or the last materials or equipment were furnished by anyone under the Construction Contract,
whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will
be applicable.
13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the
address shown on the page on which their signature appears. Actual receipt of notice or Claims,
however accomplished, will be sufficient compliance as of the date received.
14. When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the construction was to be performed, any provision in this Bond conflicting with said
statutory or legal requirement will be deemed deleted here from and provisions conforming to such
statutory or other legal requirement will be deemed incorporated herein. When so furnished, the
intent is that this Bond will be construed as a statutory bond and not as a common law bond.
15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the
Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
16. Definitions
16.1. Claim—A written statement by the Claimant including at a minimum:
16.1.1. The name of the Claimant;
16.1.2. The name of the person for whom the labor was done, or materials or equipment
furnished;
16.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or
equipment was furnished for use in the performance of the Construction Contract;
16.1.4. A brief description of the labor, materials, or equipment furnished;
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16.1.5. The date on which the Claimant last performed labor or last furnished materials or
equipment for use in the performance of the Construction Contract;
16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished
as of the date of the Claim;
16.1.7. The total amount of previous payments received by the Claimant; and
16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment
furnished as of the date of the Claim.
16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a
subcontractor of the Contractor to furnish labor, materials, or equipment for use in the
performance of the Construction Contract. The term Claimant also includes any individual or
entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute
against the real property upon which the Project is located. The intent of this Bond is to include
without limitation in the terms of “labor, materials, or equipment” that part of the water, gas,
power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction
Contract, architectural and engineering services required for performance of the work of the
Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien
may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.
16.3. Construction Contract—The agreement between the Owner and Contractor identified on the
cover page, including all Contract Documents and all changes made to the agreement and the
Contract Documents.
16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the
Contractor as required under the Construction Contract or to perform and complete or comply
with the other material terms of the Construction Contract.
16.5. Contract Documents—All the documents that comprise the agreement between the Owner and
Contractor.
17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor
in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.
18. Modifications to this Bond are as follows: None
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AFFIDAVIT OF PAYMENT OR SECUREMENT OF ALL TAXES
WHEREAS, the undersigned contractor wishes to contract with the City of Twin Falls for construction of public works;
and,
WHEREAS, Idaho Code 63-1502 requires certain conditions precedent to contracting for public works construction.
Now, Therefore, I ____________________________(contractor), certify 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, now due or delinquent, including assessment, excises and license fees levied by the State of
Idaho or any taxing unit within the State of Idaho.
I certify under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and
correct.
Date: _________________
Contractor - Signature
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