HomeMy WebLinkAboutwtr-01-20_bid_packet_-_walters_pond_diversionWalters Pond Diversion
WTR -01-20
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Project # WTR-01-20
Table of Contents
INVITATION FOR BIDS (White)
INSTRUCTIONS TO BIDDERS (White)
PROPOSAL FORMS (Blue)
PROPOSAL
NOTICE OF AWARD (White)
CONTRACT FORMS (Green)
PAYMENT BOND
PERFORMANCE BOND
CONTRACT FOR CONSTRUCTION
GENERAL FORMS (Yellow)
NOTICE TO PROCEED
CHANGE ORDER
WORK CHANGE DIRECTIVE
CERTIFICATE OF SUBSTANTIAL COMPLETION
APPLICATION FOR PAYMENT
ISPWC DIVISION 100 – STANDARD GENERAL CONDITION OF THE CONSTRUCTION
CONTRACT (White)
SUPPLEMENTARY CONDITIONS (White)
SPECIAL PROVISIONS (White)
EXHIBIT 1 – PERMIT FROM ARMY CORPS OF ENGINEERS
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Project # WTR-01-20
INVITATION FOR BIDS
Bids for installation of new diversion from the South Fork of the Teton River to the Walters
Pond will be received by the City of Rexburg, Idaho. The bids will be received at City Hall, 35
North 1st East Rexburg, ID 83440 until 3:00 P.M. on Wednesday, March 4, 2020. Bids may be
submitted in paper form or electronically via email to brandy.davis@rexburg.org. Bidder is
responsible to verify with Brandy Davis at 208-372-2337 that a bid submitted electronically has
been received. Bids will not be opened publicly.
A prebid site tour may be scheduled with the City. Send a request to justin.beard@rexburg.org.
The City will arrange access to the site.
The project consists of installation of new concrete diversion structure and pipeline between the
South Fork of the Teton River and the Walters Pond.
The CONTRACT DOCUMENTS may be examined at the following location:
Rexburg City Hall
35 North 1st East
Rexburg, ID 83440
An electronic copy of the CONTRACT DOCUMENTS may be obtained by contacting the City
Clerk at the above address. They are also available online at http://rexburg.org/rfps.
Each Proposal must be submitted on the prescribed form. The successful bidder will be required
to furnish a performance and payment bond, each in the amount not less than 100% of the
contract price. A bid bond is not required.
The City reserves the right to reject all proposals or any proposal not conforming to the intent
and purpose of the Bid Documents.
__________________________ _______________________________
Bids requested from selected contractors.
Justin Beard, P.E.
Assistant Public Works Director
City of Rexburg
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INSTRUCTIONS TO BIDDERS
1. FORMAT:
The Contract Documents are divided into parts, divisions, and sections in keeping with accepted
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 the work
performed by the various building trades, work by separate contractors, or work required for
separate facilities in the project.
Specifications are bound into these documents in the same order as they appear in the Table of
Contents. Specification section numbers and the section page numbers are shown at the bottom
of each page.
Project Plans are bound separately from these Contract Documents.
2. COPIES OF BIDDING DOCUMENTS:
Complete sets of bidding documents may be obtained from the City of Rexburg for the fee stated
in the Invitation to Bid. Complete sets of bidding documents must be used in preparing bids;
neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting
from the use of incomplete sets of bidding documents. The Owner in making copies of the
bidding documents available on the above terms does so only for the purpose of obtaining bids
on the work and does not cover a license or grant for any other use.
3. FORM OF PROPOSAL:
The proposal shall be made on the bidding schedules(s) bound herein. Additional copies are
available from the City upon request. The complete Contract Document volume shall be
enclosed in a sealed envelope bearing the name of the Bidder and name of the project.
All blanks on the bid form must be completed in ink and be printed legibly. The Contractor is
required to list all subcontractors for electrical, plumbing and mechanical as called for in the
Bidders Proposal in order for the bid to be responsive. Bids by corporations must be executed in
the corporate name by the president or a vice-president, or other corporate officer accompanied
by evidence of authority to sign, and the corporate seal must be affixed and attested by the
secretary or an assistant secretary. The corporate address and state of incorporation must be
shown below the signatures. Bids by partnerships must be executed in the partnership name and
signed by a partner whose title must appear under the signature and the official address of the
partnership must be shown below the signature. All names must be printed below the signature.
The bid shall contain an acknowledgment of receipt of all addenda (the numbers and dates of
which must be filled in on the bid form).
4. DELIVERY OF PROPOSAL:
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The proposal shall be delivered by the time and to the place stipulated in the Invitation to Bid. It
is the Bidder’s sole responsibility to see that his proposal is received in proper time. Any
proposal received after the scheduled closing time for receipt of proposals will be returned to the
Bidder unopened.
Paper bids shall be enclosed in an opaque, sealed envelope and plainly marked with the project
title (and if applicable, the designated portion of the project for which the bid is submitted), name
and address of the Bidder, the license number of the Bidder, and accompanied by the bid security
and other required documents. If the bid is sent through the mail or other delivery system, the
sealed envelope shall be enclosed in a separate envelope with notation “Bid Enclosed” plainly
marked on the face of it and addressed to:
City of Rexburg
35 North 1st East
Rexburg, ID 83440
Electronic bids shall state “Bid Enclosed” in the subject line and identify the project. Bids are to
be submitted to the email address identified in the Invitation to Bid.
5. WITHDRAWAL OF PROPOSAL:
The proposal may be withdrawn by the Bidder by means of a written request, signed by the
Bidder or his properly authorized representative. Such written request must be delivered to the
place stipulated in the Invitation to Bid for receipt of proposals prior to the scheduled closing
time for receipt of proposals.
6. OPENING OF PROPOSALS:
The proposals will not be publicly opened and read aloud.
7. MODIFICATIONS AND ALTERNATIVE PROPOSALS:
Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal
and may cause its rejection. The complete proposal forms shall be without interlineations,
alterations, or erasures. Alternative proposals will not be considered unless called for. Oral,
telephonic proposals, or modifications will not be considered. Any bidder may modify his bid by
telegraphic or written communication at any time prior to the scheduled closing time for receipt
of bids, provided such communication is received by the Owner prior to the closing time. The
telegraphic or written communication should not reveal the bid price; it should, however, state
the addition or subtraction or other modification so that the final prices or terms will not be
known by the Owner until the sealed bid is open.
8. DISCREPANCIES IN PROPOSALS:
In the event there is more than one bid item in a bidding schedule, the Bidder shall furnish a
price for all bid items in the schedule, and failure to do so will render the proposal informal and
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may cause its rejection. In the event there are unit price bid items in a bidding schedule and the
“amount” indicated for a unit price bid item does not equal the product of the unit price and
quantity, the unit price shall govern and the amount will be corrected accordingly. In the event
there is more than one bid item in a bidding schedule and the total indicated for the schedule
does not agree with the sum of the prices bid on the individual items, the prices bid on the
individual items shall govern and the total for the schedule will be corrected accordingly.
9. PROPOSAL GUARANTEE:
A bid bond is not required.
10. RETURN OF PROPOSAL GUARANTEE:
A bid bond is not required.
11. CONTRACT SECURITY:
A Performance Bond and a Payment Bond, each in the amount of 100 percent of the contract
price, with a corporate surety approved by the Owner will be required for the faithful
performance of the contract.
Attorneys-in-fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with
each bond a certified and effective dated copy of their Power of Attorney.
12. AWARD OF CONTRACT:
The Owner will award the contract, if it is to be awarded, to the lowest responsive, responsible
bidder submitting a bid for the selected alternative. Any such award will be made within 15
calendar days after opening of the proposals, unless a longer waiting period before award is
expressly allowed in the Invitation to Bid, or is mutually agreed to between Owner and Bidder.
A contract will be awarded for each schedule or combination of schedules of work as defined in
the bid schedules.
Owner reserves the right to reject any and all bids; to waiver any and all informalities not
involving price, time or changes in the work, and to negotiate contract terms with the successful
Bidder; and the right to disregard all nonconforming, nonresponsive, unbalanced, or conditional
bids. Also, Owner reserves the right to reject the bid of any Bidder if Owner believes that it
would not be in the best interest of the project to make an award to that Bidder, whether because
the bid is not responsive or the Bidder is unqualified, of doubtful financial ability, or fails to
meet any pertinent standard or criteria established by the Owner.
The Owner may make such investigations as deemed necessary to determine the ability of the
Bidder to perform the work and the Bidder shall furnish to the Owner all such information and
data for this purpose as the Owner may request. The low Bidder shall supply the names and
addresses of major material suppliers and subcontractors when required to do so by the Owner.
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13. EXECUTION OF CONTRACT:
The Bidder to whom award is made shall execute a written contract with the Owner on the form
of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds
required by the specifications within ten calendar days after receipt of the Notice of Award from
the Owner. Failure or refusal to enter into a contract as herein provided or to conform to any of
the stipulated requirements in connection therewith shall be just cause for annulment of the
award and the forfeiture of the proposal guarantee. If the successful Bidder refuses or fails to
execute the contract, the Owner may award the contract to the second lowest responsive
responsible Bidder. If the second lowest responsive responsible Bidder refuses or failed to
execute the contract, the Owner may award the contract to the third lowest responsive
responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the
contract, such Bidders’ guarantees shall be likewise forfeited to the Owner.
14. DISQUALIFICATION OF BIDDERS:
More than one proposal from an individual, firm, partnership, corporation, or association under
the same or different names will not be considered. Reasonable grounds for believing that any
Bidder is interested in more than one proposal for the work contemplated will cause the rejection
of all proposals in which such Bidder is interested. If there is reason for believing the collusion
exists among the Bidders, all bids will be rejected and none of the participants in such collusion
will be considered in future proposals.
15. BIDDER’S EXAMINATION OF SITE:
Before submitting a proposal, the Bidder shall carefully examine the Plans, Specifications, and
other contract documents, and he shall visit the area for the intended construction. It will be
assumed that the Bidder is familiar with existing site conditions and that he has a clear
understanding of the requirements of the Contract regarding the furnishing of materials and
performance of work.
16. BIDDER’S UNDERSTANDING:
Each Bidder must inform himself of the conditions relating to the execution of the work, and it is
assumed that he will inspect the construction site and make himself thoroughly familiar with all
work to be completed and all existing conditions. Failure to do so will not relieve the successful
Bidder of his 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 for himself
and to his complete satisfaction all information concerning site, subsurface conditions, utilities,
and existing facilities.
Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule
by examination of the site and a review of the Plans and Specifications, including Addenda.
After bids have been submitted, the Bidder shall not assert that there was a misunderstanding
concerning the quantities of work or of the nature of the work to be done.
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Each Bidder shall inform himself of, and the Bidder awarded a contract shall comply with
Federal, State and local laws; statutes, and ordinances relative to the execution of the work. This
requirement includes, but is not limited to, 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 subjects.
17. DOCUMENT INTERPRETATION:
The Contract Documents governing the work proposed herein consist of the Plans and all
material bound herewith. These Contract Documents are intended to be mutually cooperate and
to provide all details reasonably required for the execution of the proposed work. Any person
contemplating the submission of a proposal shall have thoroughly examined all of the
various parts of these documents, and should there be any doubt as to the meaning or intent of
said Contract Documents or Plans, the Bidder should request of the Engineer, in writing, an
interpretation thereof. Any interpretation or change in said Contract Documents will be made
only in writing, in the form of Addenda to the documents, which will be furnished to all Bidders
receiving a set of the documents. Bidders shall submit with their proposals, or indicate receipt
of, all Addenda. The Owner will not be responsible for any other explanation or interpretations
of said documents.
Any Bidder who has objections, needs clarification, or any requests for changes or modifications
to these documents must make it known in writing and delivered to the Engineer no later than
12:00 noon on the day seven days prior to the scheduled bid opening.
18. LICENSE REQUIREMENTS:
All Contractors, Subcontractors and Specialty Contractors are required to have a current license
as a Public Works Contractor in the State of Idaho in order to submit a bid or proposal on this
project.
19. PREVAILING WAGE RATES: NONE
20. ENGINEER
The Engineer for this project will be the City of Rexburg, Justin Beard, Assistant Public Works
Director.
21. IDAHO PREFERENCE:
Section 67-2348 Idaho Code, requires that any out of state Contractor submitting a bid in the
State of Idaho be subject to the preference law of the state, in which his home office is located.
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Proposal
Proposal
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PROPOSAL
Contract: WALTERS POND DIVERSION
Project No.: WTR-01-20
To: THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG:
The undersigned, hereinafter called the 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; that it is made without collusion with any official or employee of the City of
Rexburg, Idaho; and that the Proposal is made without any connection or collusion with any
person making another proposal on this contract. Bidder has carefully examined these Contract
Documents; has personally inspected the site; has satisfied himself as to quantities of materials,
items of equipment, and conditions of work involved. This Proposal is based upon the Contract
Documents, which are hereto attached and are hereby made a part of this Proposal, and in the
event of any conflict between this Proposal and the Contract documents, the terms of the latter
shall be controlling.
Proposal
Each proposal must be submitted on the prescribed form. Bidder agrees this bid may not be
withdrawn for a period of Thirty (30) Calendar Days after the opening of bids. A bid bond is not
required.
If this Proposal is accepted, bidder will execute the Contract with the City of Rexburg, in the
form of contract attached herewith and will further deliver to the City of Rexburg, the Payment
and Performance Bonds required herein within ten (10) days after receipt of notification of
acceptance of his Proposal.
Preference for Idaho Domiciled Bidders
In determining the lowest responsible bidder, the City shall consider the preferences for Idaho
domiciled public works contractors and Idaho suppliers for purchases as provided in Idaho Code
Sections 67-2348 and 67-2349, as currently in force and subsequently amended. Whether a
bidder is an Idaho domiciled bidder or can be considered as an Idaho domiciled bidder shall be
determined in accordance with the definitions set forth in Idaho Code Section 67-2349, as
currently in force and subsequently amended.
ALL BIDDERS SHALL INDICATE ON THE EXCEPTION PAGE, IN THE
SPACE PROVIDED, THE BIDDER'S STATE OF DOMICILE.
If a bidder is domiciled outside the State of Idaho and desires to be considered as an Idaho
domiciled bidder, he shall indicate this on the exception page in the space provided. If the bidder
indicates that he is domiciled outside the State of Idaho and that he desires to be considered as an
Idaho domiciled bidder, he shall provide information with the bid sufficient to establish a
significant Idaho economic presence as defined in Idaho Code Section 67-2349, as currently in
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force and subsequently amended. If the bidder is domiciled in a state with a bid preference
penalty, the bidder shall provide information with the bid concerning the bidder's state of
domicile, the amount of the bid preference penalty in his state and a copy of the applicable Bid
Preference Penalty Statute with respect thereto. All required information shall be attached to the
EXCEPTION page of these documents.
FAILURE TO PROVIDE SUCH INFORMATION OR TO INDICATE THE
BIDDER'S STATE OF DOMICILE MAY RESULT IN REJECTION OF THE BID.
Certificates of Insurance
The bidder further agrees that should his Proposal be accepted, he will furnish to the City a
Certificate of Insurance, executed by insurance companies authorized to do insurance business in
Idaho, certifying that policies of insurance as required by the Contract have been duly issued to
the Bidder and its subcontractors where required. This paragraph applies to all insurance required
by the Contract, including, but not limited to, Workmen's Compensation Insurance.
Bid Proposal
Item
No. Item Description Unit Bid
Quantity
Unit Price Bid Amount
1 Construct Concrete Diversion
Structure 1 LS
2 Provide and Install Steel Trash
Screen in Diversion Structure 1 LS
3 Provide and Install Slide Gate
in Diversion Structure 1 LS
4 Provide and Install 24”
Diversion Pipe 240 LF
5 Provide and Install Manhole
with Sump 1 EA
6 Place City-Provided Rip-Rap
at Outfall 1 LS
TOTAL
The Bidder agrees that the foregoing prices represent a true measure of the labor and materials
required to perform the work, including all allowances for overhead and profit, for each type and
unit of work called for and that he will to the extent of his Proposal, furnish all machinery, tools
and other equipment necessary for construction of this project, and do the work and furnish all
materials necessary to complete the work in the manner, in the time and according to the
methods as specified in the Contract Documents and required by the City Engineer thereunder.
The City reserves the right to increase or decrease the various classes and types of work called
for as best serves the interest of the City, provided a reasonable amount of additional time is
allowed for performance of such additional work. The bidder will have no claim for costs
associated with decreased work amounts. Additional work will be charged to the City only after
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being approved by the City Engineer and shall be comparably priced with the items in the
Contract. In the event the Bidder performs additional work and no additional time is first agreed
to in writing, then Bidder shall be deemed to have waived its right to additional time to perform
such work. The Bidder further agrees to accept as full payment for the work herein proposed the
amount computed under the provisions of the Contract Documents, and based on the foregoing
unit price proposals, it being expressly understood that the listed quantities are used for purposes
of bid comparison and evaluation only.
Contract Time and Liquidated Damages
The Bidder further agrees that should this Proposal be accepted. Bidder will complete, in all
respects, the construction hereunder within 30 calendar days for Substantial Completion from
the Notice to Proceed. In the event the Bidder should fail to complete the work by the time limit
or extended time limit agreed upon, liquidated damages shall be paid to the City of Rexburg,
Idaho, at the rate of FIVE HUNDRED DOLLARS ($500.00) PER CALENDAR DAY until
the work shall have been completed as provided by the Contract Documents.
The name and signature of the authorizing Bidder who is submitting this Proposal is:
Signature ______________________________________________
Written ________________________________________________
Who has an Idaho Public Works Contractors License No. And Type of ____________________
and doing business at ___________________________________________________________.
(Street) (City) (State and zip code)
which is the address to which all communication concerned with this Proposal and with the
Contract shall be sent.
The Bidder acknowledges receipt of the following Addenda Numbers:
_____, _____, _____, _____, _____, _____, _____, _____, _____, _____,
Bidder agrees that all addenda issued are hereby made part of the Contract Documents and that
his Proposal includes all impacts resulting from said addenda.
ACKNOWLEDGED BY:
_____________________________________________________________________________
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LIST OF SUBCONTRACTORS
List below1 the name and business address of each subcontractor, not limited to those required by State Law who
will perform work under this contract in excess of ten percent of the CONTRACTOR's total bid price, indicating the
work to be performed and the percentage amount of the total contract to be done by such subcontractor. After the
opening of Bids, no changes or substitutions will be allowed.
Work to be
Performed
Subcontractor's
License Number
Percent of
Total Contract
Subcontractor's
Name & Address2
Electrical2
Plumbing2
HVAC2
Mechanical2
Other (List)
Other (List)
Other (List)
_____________________________________________________________________________
Notes:
1. Attach additional sheets, if required.
2. By State law, all Electrical, Plumbing, HVAC, and Mechanical subcontractors must be listed above or the
bid will be non-responsive. If there is no subcontractor associated with a specific type of work, please write
“None” on the associated line under “Subcontractor’s Name & Address”
SUBMITTED on _____________________ 2020
Idaho Contractor’s Registration # ____________________
Employer’s Tax ID No. _____________________
If Bidder is:
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An Individual
By: _______________________________________________________________________________
(SEAL)
(Printed Individual's Name) (signature)
doing business as ____________________________________________________________________
Business address: ____________________________________________________________________
Phone No.: _________________________________________________________________________
A Partnership
By: ________________________________________________________________
(SEAL) (Firm Name)
____________________________________________________________________
(signature of general partner)
Business address: _____________________________________________________
Phone No.: ___________________________________________________________
A Corporation
By: ______________________________________________________________
(SEAL) (Corporation Name)
__________________________________________________________________
(state of incorporation)
By: _______________________________________________________________
(SEAL) (signature of person authorized to sign)
__________________________________________________________________
(title)
(CORPORATE
SEAL) Attest: ____________________________________________________________
(secretary)
Business Address: ___________________________________________________
Phone No.: _________________________________________________________
Date of Qualification to do business is ____________________________________
A Joint Venture By: _______________________________________________________________
(SEAL) (name) (signature)
___________________________________________________________________
(address)
By: ________________________________________________________________
(SEAL) (name) (signature)
___________________________________________________________________
(address)
Phone Number and Address for receipt of official communications: _____________
___________________________________________________________________
(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is
a party to the joint venture should be in the manner indicated above).
NOTICE: In the event Bidder allows any subcontractor not listed above to perform work on the
Project, Owner may terminate the Contract and Bidder shall forfeit all rights to complete the
work and all right to compensation for work performed or materials supplied by such
subcontractor.
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EXCEPTIONS:
If the terms and conditions provided on the preceding pages cannot be met, bidders are instructed
to note those terms and conditions with which they take exception and give a full explanation in
the space below.
IF NO EXCEPTIONS ARE TAKEN, WRITE "NONE"
______________________________________________________________________________
BIDDER'S STATE OF DOMICILE:____________________________________________
Amount of Bid Preference Penalty: _________________________
A copy of the Bid Preference Penalty Statute of the State in which Bidder is domiciled must be
attached hereto. Failure to furnish information as required in section "Preference for Idaho
Domiciled Bidders" may result in rejection of Bid.
GENERAL INFORMATION
Furnish the following information. Failure to comply with this requirement will render the Bid
incomplete and may cause its rejection. Attach additional sheets as required.
1. Contractor's name and address (mail and business):
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
2. Contractor's telephone and fax numbers: ( ) ______________, ( ) _____________
3. Contractor's State License: Primary Classification: ______________________________
State License No.: ________________________________________________________
Supplemental Classification held, if any: ______________________________________
_______________________________________________________________________
Bid Limit: ______________________________________________________________
4. Number of years as a contractor in construction work of this type: __________________
5. Names and titles of all officers of CONTRACTOR's firm:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
6. Name of person who inspected site of proposed work for your firm:
Name: _______________________________ Date of Inspection: _________________
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Project # WTR-01-20
7. Name, address, and telephone number of surety company and agent who will provide
required bonds on this contract:
Surety Company: _______________________________________________
Mailing Address: _______________________________________________
City, State, Zip: _________________________________________________
Contact: _____________________________________________________
Phone: ( )_______________________________________________
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Project # WTR-01-20
NOTICE OF AWARD
DATE: __________________
TO: _______________________________
ADDRESS: ________________________
__________________________________
Contract: WALTERS POND DIVERSION
Project No: WTR-01-20
You are notified that your Bid dated _____________________, 2020. for the above Contract
has been considered. You are the apparent Successful Bidder and have been awarded the
Contract for _____________________________.
The Contract Price of your Contract is ________________________________________.
Three (3) copies of each of the proposed Contract Documents accompany this Notice of
Award.
You must comply with the following conditions precedent within 15 days of the date you
receive this Notice of Award.
1. Deliver to the OWNER Three (3) fully executed counterparts of the Contract Documents.
[Each of the Contract Documents must bear your signature on Contract – pg 4.]
2. Deliver with the executed Contract Documents the Contract security (Payment and
Performance Bonds) as specified.
3. (List other conditions precedent).
None____________________________________________________________________
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Bid in default, to annul this Notice of Award and to declare your Bid security
forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you one
fully executed counterpart of the Contract Documents.
Jerry L. Merrill
By: __________________________________________________________________
Mayor, City of Rexburg
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Contract Forms
Performance Bond
Payment Bond
Contract for Construction
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Project # WTR-01-20
CONTRACT FOR CONSTRUCTION
For:
WALTERS POND DIVERSION
Project No.: WTR-01-20
THIS CONTRACT, made and entered into this _____day of ______________, 2020, by and
between the City of Rexburg, Idaho, hereinafter called City, ____________________,
hereinafter called Contractor;
WITNESSETH THAT, the City and the Contractor, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Contract Documents
Contractor agrees, at his own proper cost and expense, to do all the work and furnish all the
materials, tools, labor and all appliances, machinery, and appurtenances for the construction of
the Project in accordance with the Proposal made by the Contractor on the
_____ day of ______________, 2020, all in full compliance with the Contract Documents
referred to herein. The "INVITATION FOR BIDS", the signed copy of the "PROPOSAL", the
"SPECIAL PROVISIONS", and the fully executed "PAYMENT BOND" and
"PERFORMANCE BOND" are hereby referred to and by reference all made a part of this
Contract, as fully and completely as if the same were fully set forth herein.
Contract Time and Payment
Contractor agrees to complete the work within the time specified herein and to accept as full
payment for all work, materials or services rendered on or delivered to the Project, an amount
determined by the unit price method set forth in the Contract Documents and the Proposal, or the
lump sum amount set forth in the Proposal. All work contemplated in the Proposal and the
Contract Documents will be completed within 30 calendar days for Substantial Completion
from the Notice to Proceed.
Contract Execution and Bonds
The Contractor agrees to execute this Contract and to deliver to the City of Rexburg, security for
faithful performance of the Contract in the amount of one hundred percent (100%) of the
contract amount and security for the protection of persons supplying labor or materials for the
Contract in the amount of one hundred percent (100%) of the contract amount within ten (10)
days after receipt of notification of acceptance of his Proposal. Such security may be in the form
of a Certified Check or Cashier's Check drawn on a bank in good standing; performance Bond
and Payment Bond in the form specified in the Contract Documents and issued by a Surety
authorized to issue such bonds in the State of Idaho.
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Certificates of Insurance
Contractor agrees to furnish to the City, Certificate or Certificates of Insurance, executed by
insurance companies authorized to do insurance business in Idaho, certifying that policies of
insurance as required by the Contract have been duly issued to the Contractor and its
subcontractors where required. This paragraph applies to all insurance required by the Contract,
including, but not limited to, Workmen's Compensation Insurance.
Payment of Taxes. Excises and License Fees
Pursuant to the provisions of Section 63-1503 of the Idaho Code, the Contractor, in consideration
of securing the business of erecting or constructing public works in the State of Idaho,
recognizing that the business in which the Contractor is engaged is of a transitory character, and
that in the pursuit thereof, the Contractor's property used therein may be without the State of
Idaho when taxes, excises, or license fees to which the Contractor is liable become payable,
agrees:
a) To pay promptly when due all taxes (other than on real property), excises, and license
fees due to the State of Idaho, its subdivisions, and municipal and quasi-municipal
corporations therein, accrued or accruing during the term of this Contract, whether or not
the same shall be payable at the end of such term;
b) That if the said taxes, excises, and 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 his
property, to secure the same to the satisfaction of the respective officers charged with the
collection thereof;
c) That, in the event of the Contractor's default in the payment or securing of such taxes,
excises, and license fees, to consent that the Owner may withhold from any payment due
the Contractor under the Contract 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;
d) That pursuant to the provisions of Section 63-1504 of the Idaho Code, the Contractor
shall furnish the Owner evidence that the Contractor has paid all taxes, excises, and
license fees due to the State of Idaho and its taxing units, due and payable during the term
of the Contract for such construction, and that the Contractor has secured all such taxes,
excises and license fees liability for the payment of which has accrued during the term of
such Contract, notwithstanding that they may not yet be due or payable.
Applications for Payments
If Contractor faithfully performs the work herein embraced, in accordance with the Contract
Documents, the City agrees to pay to the Contractor the amounts set forth in the Proposal, and
the Contract Documents, in the manner and at the times provided in the Contract Documents.
21
Project # WTR-01-20
The City must receive a Public Works Contract Tax Release fully executed by the State of Idaho,
Department of Revenue and Taxation prior to payment of retainage to the Contractor.
Liquidated Damages
In the event the Contractor fails to complete the work within the time limit or extended time limit
agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall
be paid to the City of Rexburg, Idaho, at the rate of FIVE HUNDRED DOLLARS ($500.00)
PER CALENDAR DAY until the work has been finished as provided in the Contract
Documents. Contractor acknowledges that such amount represents a fair and reasonable estimate
of the damages Owner will suffer in the event of any delay in the performance of the work and
that such amount does not constitute a penalty. Contractor further agrees that in the event Owner
contributes to any delay, such liquidated damages shall be reduced only by the number of days
fairly apportioned to such owner-caused delay, and owner may assess and collect liquidated
damages for all remaining delay caused by Contractor.
Warranty
The Contractor warrants all defects in the workmanship or materials performed or furnished
under this Contract for which there are no specifications or specific provisions in the Contract
Documents for a period of one (1) year after the acceptance thereof by the City.
(Cont. on next page)
22
Project # WTR-01-20
IN WITNESS WHEREOF, the parties hereto, each herewith subscribe the same this ____ day of
_________, 2020.
CITY OF REXBURG, IDAHO
(SEAL)
__________________________________
Mayor
Attest:____________________________
City Clerk
__________________________________ (SEAL)
Contractor
__________________________________
(Signature)
__________________________________
(Title)
Attest: ___________________________
(Secretary)
__________________________________
(Witness)
_______________________________________________________________________
(Complete business address)
^TOP
23
Project # WTR-01-20
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
_____________________________________________________________________________________________
CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of
Business):
OWNER (Name and Address):
CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,
do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: _____________________________________ Signature: ___________________________
Name and Title: Name and Title:
(Attach Power of Attorney)
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: _____________________________________ Signature: ___________________________
Name and Title: Name and Title:
24
Project # WTR-01-20
EJCDC No. 1910-28-B (1996 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the
Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated
Specialty Contractors.
1. The CONTRACTOR and the 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 Contract, which is incorporated herein by
reference.
2. With respect to the OWNER, this obligation shall be null and void if
the CONTRACTOR:
2.1.Promptly makes payment, directly or indirectly, for all
sums due Claimants, and
2.2.Defends, indemnifies and holds harmless the OWNER
from all claims, demands, liens or suits by any person or entity who
furnished labor, materials or equipment for use in the performance of the
Contract, provided the OWNER has promptly notified the
CONTRACTOR and the Surety (at the addresses described in paragraph
12) of any claims, demands, liens or suits and tendered defense of such
claims, demands, liens or suits to the CONTRACTOR and the Surety,
and provided there is no OWNER Default.
3. With respect to Claimants, this obligation shall be null and void if the
CONTRACTOR promptly makes payment, directly or indirectly, for all
sums due.
4. The Surety shall have no obligation to Claimants under this Bond
until:
4.1.Claimants who are employed by or have a direct contract
with the CONTRACTOR have given notice to the Surety (at the
addresses described in paragraph 12) and sent a copy, or notice thereof,
to the OWNER, stating that a claim is being made under this Bond and,
with substantial accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with the
CONTRACTOR:
1.Have furnished written notice to the
CONTRACTOR and sent a copy, or notice thereof, to the OWNER,
within 90 days after having last performed labor or last furnished
materials or equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party to whom the
materials were furnished or supplied or for whom the labor was done or
performed; and
2.Have either received a rejection in whole or in
part from the CONTRACTOR, or not received within 30 days of
furnishing the above notice any communication from the
CONTRACTOR by which the CONTRACTOR had indicated the claim
will be paid directly or indirectly; and
3.Not having been paid within the above 30 days,
have sent a written notice to the Surety and sent a copy, or notice
thereof, to the OWNER, stating that a claim is being made under this
Bond and enclosing a copy of the previous written notice furnished to
the CONTRACTOR.
5. If a notice required by paragraph 4 is given by the OWNER to the
CONTRACTOR or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of paragraph 4, the
Surety shall promptly and at the Surety's expense take the following
actions:
6.1.Send an answer to the Claimant, with a copy to the
OWNER, within 45 days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts that are
disputed.
6.2.Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this
Bond, and the amount of this Bond shall be credited for any payments
made in good faith by the Surety.
8. Amounts owed by the OWNER to the CONTRACTOR under the
Contract shall be used for the performance of the Contract and to satisfy
claims, if any, under any 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 Contract
are dedicated to satisfy obligations of the CONTRACTOR and the
Surety under this Bond, subject to the OWNER's priority to use the
funds for the completion of the Work.
9. The Surety shall not be liable to the OWNER, Claimants or others for
obligations of the CONTRACTOR that are unrelated to the Contract.
The OWNER shall not be liable for payment of any costs or expenses of
any Claimant under this Bond, and shall have under this Bond no
obligations to make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes
of time, to the Contract or to related Subcontracts, purchase orders and
other obligations.
11. No suit or action shall be commenced by a Claimant under this
Bond other than in a court of competent jurisdiction in the location in
which the Work or part of the Work is located or after the expiration of
one year from the date (1) on which the Claimant gave the notice
required by paragraph 4.1 or paragraph 4.2.3, 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 shall be
applicable.
12. Notice to the Surety, the OWNER or the CONTRACTOR shall be
mailed or delivered to the addresses shown on the signature page.
Actual receipt of notice by Surety, the OWNER or the CONTRACTOR,
however accomplished, shall be sufficient compliance as of the date
received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the Contract was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is, that this Bond shall be construed as a
statutory Bond and not as a common law bond.
14. Upon request of any person or entity appearing to be a potential
beneficiary of this Bond, the CONTRACTOR shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
15. DEFINITIONS
15.1.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 Contract. The intent of this Bond shall be to include
without limitation in the terms "labor, materials or equipment" that part
of water, gas, power, light, heat, oil, gasoline, telephone service or rental
equipment used in the 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.
15.2.Contract: The agreement between the OWNER and the
CONTRACTOR identified on the signature page, including all Contract
Documents and changes thereto.
25
Project # WTR-01-20
15.3.OWNER Default: Failure of the OWNER, which has
neither been remedied nor waived, to pay the CONTRACTOR as
required by the Contract or to perform and complete or comply with the
other terms thereof.
^TOP
26
Project # WTR-01-20
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
_____________________________________________________________________________________________
CONTRACTOR (Name and Address): SURETY (Name and Address of Principal
Place of Business):
OWNER (Name and Address):
CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,
do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or
representative.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: _______________________________ Signature: __________________________
Name and Title: Name and Title:
(Attach Power of Attorney)
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: _______________________________ Signature: __________________________
Name and Title: Name and Title:
27
Project # WTR-01-20
1. The CONTRACTOR and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors and assigns
to the Owner for the performance of the Contract, which is incorporated
herein by reference.
2. If the CONTRACTOR performs the Contract, the Surety and the
CONTRACTOR have no obligation under this Bond, except to
participate in conferences as provided in paragraph 3.1.
3. If there is no OWNER Default, the Surety's obligation under this
Bond shall arise after:
3.1.The OWNER has notified the CONTRACTOR and the
Surety at the addresses described in paragraph 10 below, that the
OWNER is considering declaring a CONTRACTOR Default and has
requested and attempted to arrange a conference with the
CONTRACTOR and the Surety to be held not later than fifteen days
after receipt of such notice to discuss methods of performing the
Contract. If the OWNER, the CONTRACTOR and the Surety agree, the
CONTRACTOR shall be allowed a reasonable time to perform the
Contract, but such an agreement shall not waive the OWNER's right, if
any, subsequently to declare a CONTRACTOR Default; and
3.2.The OWNER has declared a CONTRACTOR Default
and formally terminated the CONTRACTOR's right to complete the
Contract. Such CONTRACTOR Default shall not be declared earlier
than twenty days after the CONTRACTOR and the Surety have received
notice as provided in paragraph 3.1; and
3.3.The OWNER has agreed to pay the Balance of the
Contract Price to:
3.3.1. The Surety in accordance with the terms of the
Contract;
3.3.2Another contractor selected pursuant to paragraph 4.3
to perform the Contract.
4. 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:
4.1.Arrange for the CONTRACTOR, with consent of the
OWNER, to perform and complete the Contract; or
4.2.Undertake to perform and complete the Contract itself,
through its agents or through independent contractors; or
4.3.Obtain bids or negotiated proposals from qualified
contractors acceptable to the OWNER for a contract for performance
and completion of the Contract, arrange for a contract to be prepared for
execution by the OWNER and the contractor selected with the
OWNER's concurrence, to be secured with performance and payment
bonds executed by a qualified surety equivalent to the Bonds issued on
the Contract, and pay to the OWNER the amount of damages as
described in paragraph 6 in excess of the Balance of the Contract Price
incurred by the OWNER resulting from the CONTRACTOR Default;
or
4.4.Waive its right to perform and complete, arrange for
completion, or obtain a new contractor and with reasonable promptness
under the circumstances;
4.4.1After investigation, determine the amount for which it
may be liable to the OWNER and, as soon as practicable after the
amount is determined, tender payment therefor to the OWNER; or
4.4.2Deny liability in whole or in part and notify the
OWNER citing reasons therefor.
5. If the Surety does not proceed as provided in paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on
this Bond fifteen 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 4.4, and the OWNER refuses the payment
tendered or the Surety has denied pliability, in whole or in part, without
further notice the OWNER shall be entitled to enforce any remedy
available to the OWNER.
6. After the OWNER has terminated the CONTRACTOR's right to
complete the Contract, and if the Surety elects to act under paragraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the
OWNER shall not be greater than those of the CONTRACTOR under
the Contract, and the responsibilities of the OWNER to the Surety shall
not be greater than those of the OWNER under the Contract. To a limit
of the amount of this Bond, but subject to commitment by the OWNER
of the Balance of the Contract Price to mitigation of costs and damages
on the Contract, the Surety is obligated without duplication for:
6.1.The responsibilities of the CONTRACTOR for correction
of defective Work and completion of the Contract;
6.2.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 4; and
6.3.Liquidated damages, or if no liquidated damages are
specified in the Contract, actual damages caused by delayed
performance or non-performance of the CONTRACTOR.
7. The Surety shall not be liable to the OWNER or others for
obligations of the CONTRACTOR that are unrelated to the Contract,
and the Balance of the Contract Price shall not be reduced or set off on
account of any such unrelated obligations. No right of action shall
accrue on this Bond to any person or entity other than the OWNER or its
heirs, executors, administrators, or successors.
8. The Surety hereby waives notice of any change, including changes of
time, to the Contract or to related subcontracts, purchase orders and
other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted
in any court of competent jurisdiction in the location in which the Work
or part of the Work is located and shall be instituted within two years
after 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 period of limitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the OWNER or the CONTRACTOR shall be
mailed or delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the Contract was be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted here from and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12. Definitions.
12.1Balance of the Contract Price: The total amount payable
by the OWNER to the CONTRACTOR under the Contract after all
proper adjustments have been made, including allowance to the
CONTRACTOR of 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
Contract.
12.2.Contract: The agreement between the OWNER and the
CONTRACTOR identified on the signature page, including all Contract
Documents and changes thereto.
12.3.CONTRACTOR Default: Failure of the
CONTRACTOR, which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the Contract.
12.4. OWNER Default: Failure of the OWNER, which has
neither been remedied nor waived, to pay the CONTRACTOR as
required by the Contract or to perform and complete or comply with the
other terms thereof. ^TOP
28
Project # WTR-01-20
General Forms
Notice to Proceed
Change Order
Work Change Directive
Certificate of Substantial Completion
Application for Payment
29
Project # WTR-01-20
NOTICE TO PROCEED
Date: _________________
TO: _________________________________
ADDRESS: ___________________________
_____________________________________
Contract: WALTERS POND DIVERSION
Project No: WTR-01-20
You are notified that the Contract Times under the above contract will commence to run
on ________________. By that date, you are to start performing your obligations under the
Contract Documents. All work contemplated in the Proposal and the Contract Documents will
be completed by ________________________. In accordance with Article 4 of the Agreement
the date of Substantial Completion is ___________________________and the date of readiness
for final payment is __________________________.
Before you may start any Work at the Site, paragraph 2.05.C of the General Conditions
provides that you and Owner must each deliver to the other (with copies to Engineer and other
identified additional insureds) certificates of insurance which each is required to purchase and
maintain in accordance with the Contract Documents.
Also, before you may start any Work at the Site, you must
________________________________________________________________________
________________________________________________________________________
City of Rexburg _______________________________________________
(OWNER)
By: _________________________________________________________________
(AUTHORIZED SIGNATURE)
Mayor _____________________________________________________
(TITLE)
^TOP
30
Project # WTR-01-20
CHANGE ORDER
No. _________
DATE OF ISSUANCE : ___________________ EFFECTIVE DATE: __________________
OWNER: City of Rexburg
CONTRACTOR:
Contract:
Project:
OWNER's Contract No.: ENGINEER's Contract No. __________NA_____________
ENGINEER:
You are directed to make the following changes in the Contract Documents:
Description:
Reason for Change Order:
Attachments:
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price
Original Contract Times:
Substantial Completion: __________________________
Ready for final payment: __________________________
(days or dates)
Net Increase (Decrease) from previous Change Orders
No. ___ to ___:
$______________________
Net change from previous Change Orders No. ___ to
No. ___:
Substantial Completion: __________________________
Ready for final payment: __________________________
(days)
Contract Price prior to this Change Order:
Contract Times prior to this Change Order:
Substantial Completion: __________________________
Ready for final payment: __________________________
(days or dates)
Net decrease of this Change Order:
__________________________
Net increase (decrease) this Change Order:
Substantial Completion: __________________________
Ready for final payment: __________________________
(days)
Contract Price with all approved Change Orders:
Contract Times with all approved Change Orders:
Substantial Completion: __________________________
Ready for final payment: __________________________
(days or dates)
APPROVED: ACCEPTED:
By: _______________________ By: ______________________
OWNER (Authorized Signature) CONTRACTOR (Authorized Signature)
Date: ______________________ Date: _____________________
31
Project # WTR-01-20
CHANGE ORDER
INSTRUCTIONS
______________________________________________________________________________
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that
affect Contract Price or Contract Times. Changes that have been initiated by a Work Change
Directive must be incorporated into a subsequent Change Order if they affect Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change
Order. The practice of accumulating Change Orders to reduce the administrative burden may
lead to unnecessary disputes.
If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be
addressed.
For supplemental instructions and minor changes not involving a change in the Contract Price or
Contract Times, a Field Order should be used.
B. COMPLETING THE CHANGE ORDER FORM
Engineer normally initiates the form, including a description of the changes involved and
attachments based upon documents and proposals submitted by Contractor, or requests from
Owner, or both.
Once Engineer has completed and signed the form, all copies should be sent to Owner or
Contractor for approval, depending on whether the Change Order is a true order to the Contractor
or the formalization of a negotiated agreement for a previously performed change. After
approval by one contracting party, all copies should be sent to the other party for approval.
Engineer should make distribution of executed copies after approval by both parties.
If a change only applies to price or to times, cross out the part of the tabulation that does not
apply.
^TOP
32
Project # WTR-01-20
WORK CHANGE DIRECTIVE
No. __________________
DATE OF ISSUANCE _________________ EFFECTIVE DATE ___________________
OWNER: _____________________________________________________________________________________
CONTRACTOR: ______________________________________________________________________________
Contract: _____________________________________________________________________________________
Project: ______________________________________________________________________________________
OWNER's Contract No. ___________________ ENGINEER's Project No. _________________
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change
Order based thereon will involve one or more of the following methods as defined in the Contract Documents.
Method of determining change in
Contract Price:
□ Unit Prices
□ Lump Sum
□ Cost of the Work ______________________
Estimated increase (decrease) in Contract Price:
$_____________________________________.
If the change involves an increase, the
estimated amount is not to be exceeded
without further authorization.
Estimated increase (decrease) in Contract
Times:
Substantial Completion: ______ days;
Ready for final payment: ______ days.
______________________________________________________________________________
AUTHORIZED:
_______________________________________ OWNER
By: ___________________________________
EJCDC No. 1910-8-F (1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the
Construction Specifications Institute.
33
Project # WTR-01-20
WORK CHANGE DIRECTIVE
INSTRUCTIONS
_____________________________________________________________________________
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if not processed
expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract
Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be
included in a subsequent Change Order.
For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times
a Field Order should be used.
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
Engineer initiates the form, including a description of the items involved and attachments.
Based on conversations between Engineer and Contractor, Engineer completes the following:
METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be
used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If
the change involves an increase in the Contract Price and the estimated amount is approached before the
additional or changed Work is completed, another Work Change Directive must be issued to change the
estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work
Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease)
should be marked "Not Applicable".
Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because
Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy
should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner
and Contractor with Engineer's recommendation.
Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any
undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive.
Once the Work covered by this directive is completed or final cost and times are determined, Contractor should
submit documentation for inclusion in a Change Order.
THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR
CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY.
^TOP
34
Project # WTR-01-20
CERTIFICATE OF SUBSTANTIAL COMPLETION
DATE OF ISSUANCE ____________________
OWNER: _____________________________________________________________________________________
CONTRACTOR: ______________________________________________________________________________
Contract: _____________________________________________________________________________________
Project: ______________________________________________________________________________________
OWNER's Contract No. ___________________ ENGINEER's Project No. __________________________
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following
specified parts thereof:
To_____________________________________________________________________________
OWNER
And To _________________________________________________________________________
CONTRACTOR
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with
the Contract Documents on
______________________________
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the
failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in
accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by
CONTRACTOR within _______ days of the above date of Substantial Completion.
EJCDC No. 1910-8-D (1996 Edition)
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the
Construction Specifications Institute.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows:
OWNER: _____________________________________________________________________
_____________________________________________________________________________
35
Project # WTR-01-20
_____________________________________________________________________________
CONTRACTOR: _______________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
The following documents are attached to and made a part of this Certificate:
[For items to be attached see definition of Substantial Completion as supplemented and other
specifically noted conditions precedent to achieving Substantial Completion as required by
Contract Documents.]
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR's obligation to complete the Work in
accordance with the Contract Documents.
Executed by ENGINEER on _______________________
Date
___________________________________________
ENGINEER
By: __________________________________________
(Authorized Signature)
CONTRACTOR accepts this Certificate of Substantial Completion on ________________________
Date
__________________________________________
CONTRACTOR
By: __________________________________________
(Authorized Signature)
OWNER accepts this Certificate of Substantial Completion on _______________________
Date
_______________________________________
OWNER
By: _______________________________________
(Authorized Signature) ^TOP
36
Project # WTR-01-20
APPLICATION FOR PAYMENT NO. ________
To: _________________________________________________________________________________(OWNER)
From: _________________________________________________________________________(CONTRACTOR)
Contract: _____________________________________________________________________________________
Project: ______________________________________________________________________________________
OWNER's Contract No.: _____________________ ENGINEER's Project No.: _____________________________
For Work accomplished through the date of: ____________________________
1. Original Contract Price: $_____________________
2. Net change by Change Orders and Written Amendments (+ or -): $_____________________
3. Current Contract Price (1 plus 2): $_____________________
4. Total completed and stored to date: $_____________________
5. Retainage (per Agreement):
_____% of completed Work: $____________________
_____% of stored material: $____________________
Total Retainage: $_____________________
6. Total completed and stored to date less retainage (4 minus 5): $_____________________
7. Less previous Application for Payments: $_____________________
8. DUE THIS APPLICATION (6 MINUS 7): $_____________________
Accompanying Documentation: Schedule of Values
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on
account of Work done under the Contract referred to above have been applied on account to discharge
CONTRACTOR’s legitimate obligations incurred in connection with Work covered by prior Applications for
Payment numbered 1 through _____ inclusive; (2) title of all Work, materials and equipment incorporated in said
Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment
free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to
OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered
by this Application for Payment is in accordance with the Contract Documents and not defective.
Dated ______________________ _______________________________________________________________
CONTRACTOR
By:
State of ______________________________
County of ____________________________
Subscribed and sworn to before me this _____
day of __________________, ________
____________________________________
Notary Public
My Commission expires: _______________
Payment of the above AMOUNT DUE THIS APPLICATION is recommended.
Dated ______________________ ______________________________________________________________
ENGINEER
By:
EJCDC No. 1910-8-E (1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the
Construction Specification Institute.
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Project # WTR-01-20
APPLICATION FOR PAYMENT
INSTRUCTIONS
______________________________________________________________________________
A. GENERAL INFORMATION
The sample form of Application for Payment is intended as a guide only. Many projects require
a more extensive form with space for numerous items, descriptions of Change Orders,
identification of variable quantity adjustments, summary of materials and equipment stored at the
site and other information. It is expected that a separate form will be developed by Engineer and
Contractor at the time Contractor's Application for Payment is finalized. Note also that the
format for retainage must be changed if the Contract permits (or the law provides), and
Contractor elects to deposit securities in lieu of retainage. Refer to Article 14 of the General
Conditions for provisions concerning payments to Contractor.
B. COMPLETING THE FORM
The Schedule of Values, submitted and approved as provided in paragraphs 2.05.B.3 and 2.07 of
the General Conditions, should be reproduced as appropriate in the space indicated on the
Application for Payment form. Note that the cost of materials and equipment is often listed
separately from the cost of installation. Also, note that each Unit Price is deemed to include
Contractor's overhead and profit.
All Change Orders affecting the Contract Price should be identified and included in the Schedule
of Values as required for progress payments.
The form is suitable for use in the Final Application for Payment as well as for Progress
Payments; however, the required accompanying documentation is usually more extensive for
final payment. All accompanying documentation should be identified in the space provided on
the form.
C. LEGAL REVIEW
All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by
an attorney, and Engineer should so advise Owner
^TOP
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Project # WTR-01-20
ISPWC DIVISION 100 –
STANDARD GENERAL CONDITION OF THE CONSTRUCTION CONTRACT
A copy of the Standard General Conditions can be found at the following location. These
conditions are considered to be incorporated into the contract by reference:
https://www.rexburg.org/sites/default/files/fileattachments/public_works/page/10455/2017_edition_i
spwc.pdf
^TOP
39
Project # WTR-01-20
SUPPLEMENTARY CONDITIONS
INTRODUCTORY STATEMENT
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction and other provisions of the Contract Documents as indicated below. All provisions
which are not so amended or supplemented remain in full force and effect.
The terms used in these Supplementary Conditions which are defined in the Standard General
Conditions of the Construction Contract have the meanings assigned to them in the General
Conditions.
SC 1.
Add the following term to definition to Article 1:
Contingency amount – Moneys allocated by OWNER but no payable to CONTRACTOR
for the WORK described in the Contract Documents.
SC 2.
Add the following to paragraph 2.6.1
2.6.1 This estimated progress schedule shall be in the form of the bar graph or CPM, in
reproducible form. The OWNER shall approve the form and the content for adequacy.
SC 3.7
Add paragraph 3.7 to the General Conditions as follows:
Priority of Provisions of Contract Documents:
3.7 In the event that any provision of any one Contract Document conflicts with the
provision of another Contract, the provision in that Contract Document first listed below
shall govern, except as otherwise specifically stated:
1. Agreement
2. Addenda to Contract Documents
3. Remaining Legal and Procedural Documents
a. Bid Form
b. Invitation to Bid
c. Instructions to Bidders
4. Detailed Specification Requirements (Divisions 1 thru 16 inclusive).
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Project # WTR-01-20
5. Drawings
6. General Conditions of the Contract
7. Bonds
a. Performance Bond
b. Labor and Materials Payment Bond
c. Proposal Guaranty
SC 5.3
The limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall
provide coverage for not less than the following amounts or greater where required by Laws and
Regulations:
5.3.1 and 5.3.2 Workers’ Compensation, etc., under paragraphs 5.3.1 and 5.3.2 of the General
Conditions
1. State: Statutory
2. Applicable Federal (e.g. Statutory
Longshoreman’s):
3. Employer’s Liability Statutory
5.3.3, 5.3.4 and 5.3.6 Comprehensive General Liability (under paragraphs 5.13 through 5.3.6 if
the General Conditions):
1. Bodily Injury (including completed operations products liability):
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
Property Damage
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
or combined single limit of $3,000,000
2. Property Damage Liability Insurance will provide Explosion, Collapse, and
Underground coverage where applicable.
3. Personal Injury, with employment exclusion deleted: $1,000,000 Annual
Aggregate
5.3.7 Comprehensive Automobile Liability:
Bodily Injury:
3,000,000 Each Person
3,000,000 Each Occurrence
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Project # WTR-01-20
Property Damage:
Statutory Each Occurrence
or combined single limit $1,000,000
Add the following paragraph:
5.3.8 CONTRACTOR’S Liability Insurance shall specifically cover claims under GC 5,3.6 for
damages caused by CONTRACTOR’S equipment, material, tools and property of OWNER or
other contractors employed on the project by the OWNER.
5.3.8 The CONTRACTOR’S liability insurance shall include the City of Rexburg under the
policy for this project only.
SC 5.4
1. Bodily Injury
$3,000,000 Each Occurrence
$3,000,000 Annual Aggregate
SC 6.8
Add two new paragraphs immediately after paragraph 6.8.2 of the General Conditions which is
to read as follows:
6.8.3 CONTRACTOR shall not be permitted, without the express written authorization of
OWNER, to subcontract more than fifty percent (50%) of the CONTRACTOR’S work.
Said percentage shall be computed by dividing the summation of the total cost for all the
subcontracted work by the CONTRACTOR’S price or the summation of all total man
hours for all subcontracted work by the summation of all total man hours required for
CONTRACTOR’S total man hours, whichever is less.
SC 6.1.3
Amend the first sentence with the following:
6.1.3 Unless otherwise provided in Contract CONTRACTOR shall obtain and pay
Administrative Provisions, permits and licenses.
SC 6.19
Following the first paragraph, add the following:
CONTRACTOR shall provide the OWNER five (5) copies of all vendor information on
items purchased and installed by CONTRACTOR. All vendor information shall be
bound in binder as approved by OWNER and submitted to OWNER prior to
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Project # WTR-01-20
CONTRACTOR’S application for final payment. Information required shall include, but
not necessarily be limited to drawings, replacement lists, vendor’s name, address, and
telephone number, operating instructions, warranty and location of service centers.
SC 6.30
Replace paragraph 6.30 with the following:
Indemnification:
6.30 The CONTRACTOR shall hold harmless, indemnify and defend the OWNER, their
officers, employees and agents, from any and all liability claims, losses or damage arising
or alleged to arise from the performance of the work described herein, but not including
the sole negligence of the OWNER.
SC 11.2
Revise paragraph 11.2 as follows:
Delete reference to thirty (30) days for making claim and replace with seven (7) days.
SC 11.6.1
Delete “or if none can be agreed upon.”
SC 11.6.2
Delete in its entirety.
SC 11.9.3
Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is
substituted in its place:
“The united price of an item of Unit Price Work shall be subject to reevaluation and
adjustment under the following conditions:
11.9.3.1 If the total cost of a particular item of Unit Price Work amounts to 15 percent or
more of the Contract Price and the variation in the quantity of the particular item of Unit
Price Work performed by Contractor differs by more than 25 percent from the estimated
quantity of such item indicated in the Agreement; then either OWNER or
CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance
with Article 11 if the parties are unable to agree as to the effect of any such variations in
the quantity of Unity Price Work performed.”
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Project # WTR-01-20
SC 12.1
Revise paragraph 12.1 as follows:
12.1 Delete reference to thirty (30) days for making claim and replace with seven (7)
days.
SC 14.2
14.2 Delete the last sentence and insert: “Retainage will be 5% of the amount paid.”
SC 14.4
Amend the third sentence of paragraph 14.4 of the General Conditions to read as follows:
Thirty days after…by OWNER to CONTRACTOR
SC 14.5
Add the following paragraphs immediately after paragraph 14.5 of the General Conditions to
read as follows:
14.5 The OWNER may retain five (5) percent of the amount of each payment until final
completion and acceptance of all work covered by the CONTRACT DOCUMENTS.
When the work is substantially complete (operational or beneficial occupancy), the
retained amount may be further reduce below five (5) percent to only that amount
necessary to assure completion. On completion and acceptance of a part of the work on
which the price is stated separately in the Contract Documents, payment may be in full,
including retained percentages, less authorized deductions.
SC 14.7.5
Add a new paragraph immediately after paragraph 14.7.4 of the General Conditions which is to
read as follows:
14.7.5 If the OWNER fails to make payment thirty (30) days after approval by the
ENGINEER, in addition to other remedies available to the CONTRACTOR, there shall
be added to each such payment interest at the maximum legal rate commencing on the
first day after said payment is due and continuing until the payment is received by the
CONTRACTOR.
SC 15.2
Add the additional paragraphs after paragraph 15.2.9 of the General Conditions which is to read
as follows:
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Project # WTR-01-20
15.2.10 If, no through no act or fault of the CONTRACTOR, the WORK is stopped for a
period of more than ninety (90) days by the OWNER or under an order of court or other
public authority, or the ENGINEER fails to act on any request for payment within ninety
(90) days after it is submitted, or the OWNER fails to pay the CONTRACTOR
substantially the sum approved by the ENGINEER within thirty (30) days of its approval
and presentation, then the CONTRACTOR may, after ten (10) days from delivery of a
WRITTEN NOTICE to the OWNER terminate the CONTRACT and recover from the
OWNER payment for all WORK executed and all expenses sustained. In addition and in
lieu of terminating the CONTRACT, if the OWNER has failed to act on a request for
payment or if the OWNER has failed to make any payment as aforesaid, the
CONTRACTOR may, upon ten (10) days written notice to the OWNER, stop the WORK
until all amounts then due, in which event and upon resolution of the WORK CHANGE
ORDERS shall be issued for adjusting to the CONTRACT PRICE or extending the
CONTRACT TIME, or both, to compensate for the costs and delays attributable to
stoppage of the WORK.
15.2.11 If the performance of all or any portion of the WORK is suspended, delayed, or
interrupted as a result of a failure of the OWNER to act within the time specified in the
CONTRACT DOCUMENTS, or if no time is specified, within a reasonable time, an
adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or
both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the
costs and delays necessarily caused by the failure of the OWNER or ENGINEER.
SC. 16
Delete Article 16 – ARBITRATION from General Conditions
END OF SUPPLEMENTARY CONDITIONS
^TOP
45
Project # WTR-01-20
SPECIAL PROVISIONS
For: WALTERS POND DIVERSION
Project No.: WTR-01-20
GENERAL INFORMATION
All work associated with this project shall be performed and completed in conformance with
these Contract Documents, the construction drawings pertaining to this project, the City of
Rexburg Standard Drawings and Specifications, and applicable Federal, State or Local
requirements or as directed by the City Engineer.
PROJECT DESCRIPTION
The project consists of installation of a new concrete diversion structure and pipeline between
the South Fork of the Teton River and the Walters Pond.
STANDARD SPECIFICATIONS AND STANDARD DRAWINGS
The City of Rexburg has adopted Idaho Standards for Public Works Construction Specifications
and Drawings as its (Rexburg's) Standard Specifications and Standard Drawings; and these
referenced Standard Specifications and Standard Drawings shall be those governing and
referenced in this Contract except as they may be amended in current City of Rexburg
Engineering Standards, these Special Provisions, or Project Plans.
Wherever the word CITY is used in these Standards, it shall be understood to mean the City of
Rexburg. Wherever the word ENGINEER or CITY ENGINEER is used, it shall be understood to
mean the City Engineer of the City of Rexburg, or the Engineer the City has designated to be in
charge of the project or particular part of the project work.
MATERIAL SOURCES & COMPACTION
All materials shall be provided from the Contractor's own source or from a commercial source
approved by the City of Rexburg. Compaction requirements (Sections 306.3.3) will be Type A-1
for all locations.
PIPE BEDDING
Bedding shall conform to the class B-2 bedding system utilizing Type III trench material meeting
the requirements of Section 305.2.4
STORM SEWER INSTALLATION
Storm Sewer lines measurement and payment is based on Section 601.4.1. This bid item to
include all costs associated with the proper installation of Storm Sewer Lines. This shall include
but not limited to pipe installation, backfill materials, fittings, trench excavation, etc.
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Project # WTR-01-20
STORM SEWER
Materials shall be per Section 601.2.1-2.5. Pipe for this project shall be Corrugated
Polypropylene (CPP) per Section 601.2.2.M.
Workmanship shall be per Section 601.3.1-3.5.
Measurement and Payment will be per 601.4.1.A.17.
MANHOLES
Materials shall be per Section 602.2.1-2.2.
Workmanship shall be per Section 602.3.1-3.5.
Measurement and Payment will be per Section 602.4.1.A.1.
CONCRETE DIVERSION STRUCTURE
Construct per Section 602.2.3.B and Section 703. Class 4000B mix with 6.5% +/- 1.5% air
entrainment and max 5 inch slump. Concrete mix design shall be submitted to the City of
Rexburg Engineer for approval. Concrete reinforcement per Section 702.
Measurement and Payment will be Lump Sum. This will include but not limited to all forming,
finishing, rebar, dowels, concrete, curing, heat and cover, joints, hauling, placing, granular
borrow, placement, compaction, and excavation. Contractor to include all items necessary on
plans to construct fully complete and operational structure.
Dimensions of concrete diversion structure are to be field-verified and adjusted as necessary to
fit actual conditions.
UTILITY LOCATIONS
The Contractor shall request all utility companies to locate all of their utilities prior to
commencement of any phase of construction that may affect said utilities. This location may be
obtained for utilities within the city limits by calling 1-800-346-3972 scheduling a "locate". The
Contractor shall be responsible for maintaining a record of these locations for use during
construction. Contractor shall coordinate with Rocky Mountain Power for support of power
poles, as necessary.
GENERAL CLEANUP
The Contractor shall be responsible for the general cleanup of the project site. The Contractor
shall pick up, load, haul and dispose of all debris left from construction. Any labor, material, or
equipment used to meet the requirements of this paragraph shall be considered incidental to the
project and all costs associated therewith shall be included in the contractor's unit bid price for
other bid items.
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Project # WTR-01-20
DISPOSAL OF WASTE: COMPLIANCE WITH ENVIRONMENTAL LAWS
Contractors shall remove, transport and properly dispose of all asphalt, debris, and waste
material removed from the work site as required under the terms and conditions hereof. All such
removal, transportation and disposal shall be at Contractor's sole expense and shall be
accomplished in accordance with all statutes, laws, regulations and ordinances of the United
States government, the State of Idaho or other agencies or local governments having jurisdiction
thereof. Prior to the disposal of any hazardous chemical or regulated waste at any landfill,
Contractor shall provide written proof satisfactory to the City that the operator of such landfill
possesses all permits and licenses required by law in order to accept waste to be removed from
the project site. Prior to acceptance of the work by the City, Contractor shall deliver to the City a
certificate from the operator of any landfill wherein such waste has been delivered, stating that
all such waste material has been properly disposed of in accordance with all such laws, statutes
and regulations. Contractor shall hold the City harmless from all fines, penalties, costs, claims
and demands of any kind, including attorneys' fees and court costs, arising from any act or
omission by Contractor while removing, transporting or disposing of any hazardous substance or
regulated waste at the project site.
CANAL COMPANY COORDINATION
The CONTRACTOR will be responsible to communicate and coordinate with the operator of the
flow diversion between the North and South Forks of the Teton River to coordinate construction
of the diversion structure with flows down the South Fork of the Teton River.
ARMY CORPS PERMIT
The CITY has applied for and received a permit from the U.S. Army Corps of Engineers for
construction of the diversion structure in the river. The CONTRACTOR will be responsible to
follow all requirements of the permit, included required BMP’s. The permit is attached to the
bidding documents as Exhibit 1.
SLIDE GATE
The Contractor shall provide and install a 24” upward-opening canal slide gate designed to
mount on the face of the concrete. The cover, frame ring, adjustable wedges, arch, and
handwheel shall be made of cast iron. The lift nut shall be cast bronze. The steel stem shall be
secured to the cover by an easily removable pin to permit removing for maintenance. The guide
rails, stem, and mounting hardware shall be steel. Gate shall have a rising-stem operator with
handwheel. All ferrous parts, except stainless steel, shall be painted with a minimum of one
prime coat and one shop coat per manufacturer recommendations. Manufacturer and model to be
Waterman C-20 Canal Gate, or equivalent.
48
Project # WTR-01-20
SCREEN
The Contractor shall provide and install a bar screen as shown in the drawings. Screen shall be
hot-dipped galvanized.
AREA-VELOCITY FLOW METER
The City will provide and install the area-velocity flow meter.
PREBID SITE VISIT
A prebid site inspection will be available upon request. Access to the site which is located within
the Walters Ready Mix gravel pit will be arranged by the City.
CONSTRUCTION DURING WINTER/SPRING CONDITIONS
Contractor should plan to perform the project during winter/spring conditions with a Notice to
Proceed as soon as contract is in place.
COMPLETION TIME TABLE
The CONTRACTOR shall have 30 calendar days for substantial completion. ^TOP
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS
IDAHO FALLS REGULATORY OFFICE
900 NORTH SKYLINE DRIVE, SUITE A
IDAHO FALLS, IDAHO 83402-1718
October 16, 2019
Regulatory Division
SUBJECT: NWW -2019-00320, City of Rexburg-South Fork of Teton River, Pond
Diversion
Keith Davidson
City of Rexburg
35 N 1st E
Rexburg ID, 83440
Dear Davidson:
We have determined that your proposed project “City of Rexburg-South Fork of Teton
River, Pond Diversion” is authorized in accordance with Department of Army (DA)
Nationwide Permit (NWP) No. 12: Utility Line Activities. This project is located at
342 W 4th N, within Section 19 of Township 6 North, Range 40 East, near latitude
43.8355º N and longitude -111.7839º W, in Madison County, in Rexburg, Idaho. Please
refer to File Number NWW-2019-00320 in all future correspondence with our office
regarding this project.
Project activities include discharging 10 cubic yards of concrete and 30 cubic yards of
native material in the South Fork of the Teton River, a Waters of the United States
(U.S.) to install a head gate to divert water into an adjacent pond for groundwater
recharge. All work shall be done in accordance to the attached drawings, titled; NWW-
2019-00320 Applicant Drawings.
AUTHORITY
DA permit authorization is necessary because your project would involve the
discharge of dredged and/or fill material into Georgetown Creek, a Waters of the U.S.
This authorization is outlined in Section 404 of the Clean Water Act (33 U.S.C. 1344).
PERMIT CONDITIONS
You must comply with all regional, general, and special conditions for this verification
letter to remain valid and to avoid possible enforcement actions. The regional and
general permit conditions for NWP No. 12: Utility Line Activities are available online at
http://www.nww.usace.army.mil/Business-With-Us/Regulatory-Division/Nationwide-
Permits/. If you are unable to access this website or would prefer a hard copy of the
regional and general conditions please notify us and we will provide you a copy.
- 2 -
WATER QUALITY CERTIFICATION
You must also comply with the conditions detailed in the Section 401 Water Quality
Certification (WQC) issued by the Idaho Department of Environmental Quality (IDEQ)
on March 3, 2017. For your review, a copy of this 401 WQC is available on the IDEQ’s
website at: http://www.deq.idaho.gov/media/60179758/nationwide-permits-2017-401-
certification-0317.pdf. If you have any questions regarding the conditions set forth in
the Water Quality Certification, please contact IDEQ directly at 208-528-2650, Idaho
Falls Regional Office.
COMPLIANCE CERTIFICATION
Further, Nationwide Permit General Condition 30 (Compliance Certification) requires
that every permittee who has received NWP verification must submit a signed
certification regarding the completed work and any required mitigation. The enclosed
Compliance Certification form is enclosed for your convenience and must be completed
and returned to us.
LIMITATIONS OF THIS VERIFICATION
This letter of authorization does not convey any property rights, or any exclusive
privileges and does not authorize any injury to property or excuse you from compliance
with other Federal, State, or local statutes, ordinances, regulations, or requirements
which may affect this work.
EXPIRATION OF THIS VERIFICATION
This verification is valid until March 18, 2022, unless the NWP is modified,
suspended or revoked. If your project, as permitted under this NWP verification is
changed and/or modified, you must contact our office prior to commencing any work
activities. In the event you have not completed construction of your project by March
18, 2022, please contact us at least 60-days prior to this date. A new application and
verification may be required.
CUSTOMER SERVICE
We actively use feedback to improve our delivery and provide you with the best
possible service. Please take our online customer service survey to tell us how we are
doing. Follow this link to take the survey: http://corpsmapu.usace.army.mil/cm_apex
/f?p=regulatory_survey. If you have questions or if you would like a paper copy of the
survey, call our office at 208-433-4464. For more information about the Walla Walla
District Regulatory program, visit us online at http://www.nww.usace.army.mil/Business-
With-Us/Regulatory-Division/.
- 3 -
If you have any questions or need additional information about this permit, you can
contact Robert Brochu at (208) 433-4464, by mail at the address in the letterhead, or
email at robert.a.brochu@usace.army.mil. For informational purposes a copy of this
letter is being sent to Kevin Martin with Sunrise Engineering Inc.
Sincerely,
Robert Brochu
Senior Project Manager
Regulatory Division
Enclosure
Transfer of Nationwide Permit Form
- 4 -
TRANSFER OF NATIONWIDE PERMIT
When the structures or work authorized by this Nationwide Permit, NWW-2019-00320,
City of Rexburg-South Fork of Teton River, Pond Diversion, are still in existence at
the time the property is transferred. The terms and conditions of this Nationwide Permit,
including any special conditions, will continue to be binding on the new owner(s) of the
property. To validate the transfer of this Nationwide Permit, the associated liabilities and
compliance with the terms and conditions the transferee must sign and date below.
Name of New Owner:
Street Address:
Mailing Address:
City, State, Zip:
Phone Number:
Signature of TRANSFEREE DATE
- 5 -
COMPLIANCE CERTIFICATION
®
US Army Corps of Engineers
Walla Walla District
Permit Number: NWW-2019-00320
Name of Permittee: City of Rexburg
Date of Issuance: October 16, 2019
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, please sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Walla Walla District
Idaho Falls Regulatory Office
900 North Skyline Drive, Suite A
Idaho Falls, Idaho 83402-1718
Please note that your permitted activity is subject to a compliance inspection by a U.S.
Army Corps of Engineers representative. If you fail to comply with all terms and
conditions of this permit, the permit is subject to suspension, modification, or revocation
and you are subject to an enforcement action by this office.
I hereby certify that the work authorized by the above-referenced permit has been
completed in accordance with the terms and conditions of the said permit. The required
mitigation was also completed in accordance with the permit conditions.
Signature of PERMITEE DATE