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HomeMy WebLinkAboutbid_packet_-_3rd_s_waterline_wtr-01-203rd South Waterline Replacement Project #WTR -01-20 2 Project # WTR-01-20 Table of Contents INVITATION FOR BIDS (White) INSTRUCTIONS TO BIDDERS (White) PROPOSAL FORMS (Blue) PROPOSAL BID BOND NOTICE OF AWARD (White) CONTRACT FORMS (Green) CONTRACT FOR CONSTRUCTION PAYMENT BOND PERFORMANCE BOND GENERAL FORMS (Yellow) NOTICE TO PROCEED CHANGE ORDER WORK CHANGE DIRECTIVE CERTIFICATE OF SUBSTANTIAL COMPLETION APPLICATION FOR PAYMENT ISWPC DIVISION 100 – STANDARD GENERAL CONDITION OF THE CONSTRUCTION CONTRACT (White) SUPPLEMENTARY CONDITIONS (White) SPECIAL PROVISIONS (White) SPECIFICATIONS 3 Project # WTR-01-20 INVITATION FOR BIDS Separate sealed bids for a water line replacement on 3rd South. 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 4:30 P.M. on June 23, 2020 . The CONTRACT DOCUMENTS may be examined at the following location: Rexburg City Hall 35 North 1st East Rexburg, ID 83440 Upon a fee of $25.00, a 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/pages/rfps. 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. The City reserves the right to reject all proposals or any proposal not conforming to the intent and purpose of the Bid Documents. __________________________ ________________________________ Keith Davidson P.E. Public Works Director/ City Engineer City of Rexburg ^TOP 4 Project # WTR-01-20 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 assumes 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). 5 Project # WTR-01-20 4. DELIVERY OF PROPOSAL: 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. 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 another delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “Bid Enclosed” plainly marked on the face of it and addressed to: City of Rexburg 35 North 1st East Rexburg, ID 83440 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 be publicly opened and read at the time and place stipulated in the Invitation to Bid. 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. 6 Project # WTR-01-20 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 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: Each proposal shall be accompanied by a certified cashier’s check or Corporate bid bond in the amount stated in the Invitation to Bid. Other forms of Bonds will not be allowed. Said check or bond shall be made payable to the City of Rexburg and shall be given as a guarantee that the Bidder, if awarded the work, will enter into a contract within 10 calendar days after receipt of the contract from the Owner, and will furnish the necessary insurance certificates, faithful performance bond, and labor and material bond; each of said bonds to be in the amount stated in these Contract Documents. In case of refusal or failure to enter into said contract, the check or bid bond, as the case may be, shall be forfeited to the Owner. If the Bidder elects to furnish a bid bond as his proposal guarantee, he shall use the bid bond form bound herein, or one conforming substantially to it in form. 10. RETURN OF PROPOSAL GUARANTEE: Within 10 calendar days after award of the contract, the Owner will return the proposal guarantees accompanying such of the proposals as are not considered in making the award. All other proposal guarantees will be held until the contract has been finally executed. They will then be returned to the respective bidders whose proposals they accompany. 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. 7 Project # WTR-01-20 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 the opening of the proposals, unless a longer waiting period before the 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. 13. EXECUTION OF CONTRACT: The Bidder to whom the award is made shall execute a written contract with the Owner on the form of the 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 8 Project # WTR-01-20 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 the 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. 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 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 9 Project # WTR-01-20 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: The public works project is not financed in part by Federal Aid Funds. 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, Brett McDermott, City Engineer. 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. ^TOP 10 Project # WTR-01-20 Proposal Proposal 11 Project # WTR-01-20 PROPOSAL Contract: 3RD SOUTH WATER LINE REPLACEMENT 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. The 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 and Bid Bond Each proposal must be submitted on the prescribed form. The proposal must be accompanied by a Certified Check or Cashier's Check drawn on a bank in good standing or a Bid Bond issued by a Surety authorized to issue such bonds in the State of Idaho, all in an amount not less than Five Percent (5%) of the total amount bid. The Bid Bond shall be in substantially the same form as the sample bid bond included in the Contract Documents. Bidder agrees this bid may not be withdrawn for a period of Thirty (30) Calendar Days after the opening of bids. If this Proposal is accepted, the 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. Bid securities will be returned to unsuccessful bidders after the award of contract and to successful bidders upon execution of the required Contract Documents. It is agreed that the sum of five percent (5%) of the bid, deposited herewithin. accordance with the conditions of the Contract Documents, may be retained by the City of Rexburg as liquidated damages as a fair measure of the damages that the City of Rexburg will sustain if Bidder fails or refuses to enter into the Contract for the work and to furnish the Payment and Performance Bonds as specified in the Contract Document. 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 12 Project # WTR-01-20 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 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. Item No. Item Description Unit Bid Quantity Unit Bid Price Bid Amount 401.4.1.A.1 8" Water Main Line Installation (Pipe, Fittings, Trenching, Bedding, Backfill) LF 825 401.4.1.A.1 6" Water Main Line Installation (Pipe, Fittings,Trenching, Bedding, Backfill) LF 100 307.4.1.F.1 Minimum 9 Ft Asphalt Surface Restoration (City Street) LF 925 404.4.1.C.1 S.P. Page 3 New 1" to Existing Water Meters (Directional Drilling) LF 250 S.P. Pg 4 Abandon Existing Water line EA 3 402.4.1.A.1 6" Valve EA 1 2030.4.1.C.1 Adjust Water Valves to Grade EA 4 13 Project # WTR-01-20 S.P. Pg 6 6" Hot Tap & 6" Valve EA 2 403.4.1.A.1 S.P. Page 3 Move & Reuse Fire Hydrant Assembly & 6" Water Valve EA 2 1103.4.1.A.1 Traffic Control LS 1 2010.4.1.A.1 Mobilization/Bonds LS 1 Grand 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 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. The bidder will complete, in all respects, the construction hereunder within 30 calendar days for substantial completion of the notice to proceed. In the event the bidder should fail to complete the work within 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 ________________________________________________ Email __________________________________________________ 14 Project # WTR-01-20 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. 15 Project # WTR-01-20 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: _____________________________________________________________________________ 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) 16 Project # WTR-01-20 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: An Individual By: _______________________________________________________________________________ (SEAL) (Printed Individual's Name) (signature) doing business as ____________________________________________________________________ Business address: ____________________________________________________________________ Phone No.: _________________________________________________________________________ 17 Project # WTR-01-20 A Partnership By: ________________________________________________________________ (SEAL) (Firm Name) ____________________________________________________________________ (signature of the 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 the 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. 18 Project # WTR-01-20 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: 19 Project # WTR-01-20 Name: _______________________________ Date of Inspection: _________________ 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: ( )_______________________________________________ ^TOP 20 Project # WTR-01-20 NOTICE OF AWARD DATE: __________________ TO: _______________________________ ADDRESS: ________________________ __________________________________ Contract: 3RD SOUTH WATER LINE REPLACEMENT 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). 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 ^TOP 21 Project # WTR-01-20 Contract Forms Contract for Construction Performance Bond Payment Bond 22 Project # WTR-01-20 CONTRACT FOR CONSTRUCTION For: 3RD SOUTH WATER LINE REPLACEMENT 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 of 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 23 Project # WTR-01-20 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. 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 to 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. 24 Project # WTR-01-20 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. 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 the 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) 25 Project # WTR-01-20 IN WITNESS WHEREOF, the parties hereto, each herewith subscribes 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 26 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: 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. 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 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 satisfying 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 Contractor 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 another 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 another 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. 15.3.OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contractor to perform and complete or comply with the other terms thereof. ^TOP 28 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: 29 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 has 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 the 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 liability, 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 Contractor 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 another 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 another 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 Contractor to perform and complete or comply with the other terms thereof. ^TOP 30 Project # WTR-01-20 General Forms Notice to Proceed Change Order Work Change Directive Certificate of Substantial Completion Application for Payment 31 Project # WTR-01-20 NOTICE TO PROCEED Date: _________________ TO: _________________________________ ADDRESS: ___________________________ _____________________________________ Contract: 3RD SOUTH WATER LINE REPLACEMENT 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 2.01.B 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 32 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: _____________________ 33 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. The engineer should make the 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 34 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. 35 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 the 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 require that a Change Order is 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 36 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. 37 Project # WTR-01-20 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: _____________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 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 38 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. 39 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, a 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 40 Project # WTR-01-20 ISWPC DIVISION 100 – STANDARD GENERAL CONDITION OF THE CONSTRUCTION CONTRACT https://www.rexburg.org/sites/default/files/fileattachments/public_works/page/10455/2017_edition_i spwc.pdf ^TOP 41 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 the 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). 42 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 43 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 a binder as approved by OWNER and submitted to OWNER prior to 44 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.” 45 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 reduced 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: 46 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 47 Project # WTR-01-20 SPECIAL PROVISIONS Rexburg City Water Project 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 the installation of various ductile iron water lines along with typical street trenching reconstruction on one block of 3rd South including asphalt and granular subbase material. 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 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. COMPACTION TESTING AND SURVEY STAKING Compaction testing and survey staking will be done by the City or its’ subcontractors. Re-testing of failing material/tests and re-staking shall be done at the expense of the contractor. The City shall be notified 48 hours prior to when testing and surveying will occur. All unscheduled surveying and testing will be the responsibility of contractor. POT HOLING PRIOR TO EXCAVATION The Contractor shall pothole utility crossings and connections to existing waterline at least 500 feet in front of excavation. The primary purpose of potholing will be to confirm utility depths and coordinate connection requirements. Report immediately any potential utility conflicts to City Engineer. The Contractor may deflect pipe and over-excavate (for as much as an additional two feet of depth) to avoid 48 Project # WTR-01-20 unnecessary use of vertical fittings. The Contractor shall not be compensated for additional fitting that could have been avoided with advanced potholing and over excavation. Potholing shall be considered incidental to construction. The Contractor shall note the location and depth of every utility crossing (including services) and connections to existing waterlines on the Contractor’s record drawings. Depths shall be recorded based on the vertical control established by the contractor for the site and shall not be a simple measurement form the top of the utility trench. INSPECTION COORDINATION The Contractor shall notify the appropriate agency when materials are on site or inspection of the work is required. Work subject to approval by any governmental agency must be approved prior to backfilling trenches for pipe, placing of aggregate base, and/or placing of concrete/asphalt. The Contractor shall coordinate with the Owner’s representative so that an authorized representative may be present to observe all meaningful activities. These activities include, but are not limited to: 1. potholing at locations where the new water main will be connecting to the existing system 2. installation of fittings, valves, and thrust restraints (prior to backfill) 3. pressure tests and water sample collection for bacteria testing 4. asphalt paving, concrete pours 5. soils density testing Inspection, approval, and final acceptance of all water construction shall be by the Owner’s authorized representative. Such inspections shall not relieve the Contractor from the responsibility of performing the work in an acceptable manner in accordance with the approved construction plans and specifications. The Contractor shall provide copies of all tests required by the contract. Test results shall be furnished with a certification letter. MATERIAL SOURCES & EXCAVATION All materials such as Granular Borrow, ¾” Aggregate Base, Plant Mix Pavement, and Topsoil shall be provided from the Contractor's own source or from a commercial source approved by the City of Rexburg. Compaction requirements (306.3.3 and 306.3.4) will be Type A-1 for all street locations and proposed street locations and driveways and next to streets, and Type C for all landscaping and agricultural areas. 49 Project # WTR-01-20 Granular Borrow used for trench backfill shall meet the requirements of native trench backfill material, 306.2.2. Import trench backfill shall meet the requirements of 801.2.1 and 801.2.2. Pipe bedding for both water and sewer shall conform to the class B-2 bedding system utilizing Type III trench material meeting the requirements of 305.2.4. All excess excavation material will need to be hauled away by the contractor. City property will not be allowed for dumping of any curb gutter and sidewalk. WATER Water line Materials: Water Pipe Class 50 AWWA C153 ductile iron meeting the requirements of 401.2.3.C. The water line shall be; installed properly (Section 401.3.1-3.4), flushed, pass a pressure test (Section 401.3.6), disinfected (Section 401.3.9), and be acceptable for domestic use. Water line measurement and payment will be based on Section 401.4.1.A.1 12 gauge blue tracer wire shall be installed on all mainlines. Valves Valves are to be installed when connecting new water mains to the existing system, and where shown on the drawings. Valve shall be AWWA C505 or C515 resilient seated gate valves. Butterfly valves are to be used on lines 12 inches or larger in diameter, except that gate valves shall be used when a hot tap is called for Materials: Rubber Seated Butterfly valve, ANSI/AWWA C 505 (Section 402.2.3) Valve Box according to Section 402.2.1 Installation according to Section 402.3.1-3.3 Submittals: Section 402.1.4 REUSE FIRE HYDRANTS Contractor shall remove the existing fire hydrant and install new 6” water line and reinstall the existing fire hydrant and 6” valve onto the new water main line. Contractor to salvage the fire hydrant & 6” valve. All other materials will be provided by the contractor if necessary for installation. Work to include but not necessarily be limited to all: labor, equipment, pipe fitting, pipe coupler, excavation backfill, thrust block, drain rock, fire hydrant rotation, landscaping repair and all other items required to deliver to the city a full functional and working fire hydrant. 50 Project # WTR-01-20 WATER LINE (Trenching and Backfill) STREET Measurement and Payment will be per linear foot of pipe. This bid item to include but not necessarily be limited to the following; trenching, installation, bedding, backfill contractor will be required to deliver to the city a completed and totally finished water line. The new water line trench and final sub-grade repair to the bottom of the granular borrow for the street. The contractor will be allowed to reuse suitable backfill with good granular material for the trench contact City Engineer. This bid item will include the materials required for the street reconstruction above (i.e. granular borrow, ¾” Aggr, Asphalt) Measurement and basis of Payment will be by the Linear Foot. HOT TAP Utilize a hot tap when connecting to an existing water line unless otherwise noted. The size of the gate valve to be provided as part of the hot tap will be the smaller of the line being tapped or the new line being connected. This includes but not limited to stainless steel tapping saddle, accessories, gate valve, valve box and concrete collar around the valve box tapping sleeves, labor, and reducers. Payment for this bid item will be on an EACH basis. FLUSHING OF WATER MAINS AND SERVICES Chlorinated water will be disposed of by flushing water to a location approved by the Owner. Heavily chlorinated water (above normal system residuals) shall be flushed through an IDEQ-approved dechlorinator. Flushed water must be tested on 15 minute intervals during flushing to ensure the chlorine is neutralized. Contractor shall record the approximate time, duration, and flow rates for all flushing activities and report this to the Owner’s representative. Flushing shall induce a minimum water velocity of 3.0 fps within the pipeline. Flushing shall continue until water runs clear or until 5x the volume of the pipeline segment has been flushed, whichever takes longer. ABANDONING WATERLINES Contractor may abandon existing water lines in place after installing a cap and thrust block in the tee of the line that will remain active. Service lines shall be abandoned by turning the corporation stop off at the existing water main and disconnecting the service line from the corporation stop. WATER SERVICE LINES 51 Project # WTR-01-20 Contractor shall replace and reconnect 1” water service line from meter to the city main water line as shown on plans. The contractor will be required to direct tap the existing water line in the street and run a new 1” 250 psi water rated poly line across the street and reconnect to the existing meters. Damage or leaks on the homeowner side of the meter will need to be repaired during installation of the new line and meter barrel. Work to include but not necessarily limited to all; labor, equipment, materials pipe, pipe couplers, connection to mainline, service direct tap, and corporation stop, service line, fittings on the street side of meter connection, meter pit, ring and lid, reinstallation of existing meter, bedding backfill, compaction, and boring under curb gutter and sidewalk if it is required, surface restoration as necessary, up to 10 linear feet of curb and gutter, 3 square yards of sidewalk. The contractor will contact the City Engineer to determine the best place to run the new line across the street. This bid item will include any curb and gutter and sidewalk required for the installation of the new service line. Measurement and payment will be per Linear Foot. Service lines under asphalt shall be installed by directional drilling unless authorized by the Owner on a case by case basis. Service lines may be installed by directional drilling (as specified below) or by open cut trenching. Any deviations from the specifications below shall be submitted by the Contractor and approved by the Engineer at least one week prior to construction. Typical bury depth for service lines is 48 inches. All material supplied shall be as specified in ISPWC Section 404 and the Owner’s water service connection detail in the Appendix. Pipe shall be PE pressure pipe for water services, 250 psi SDR 9. 12 gauge blue tracer wire shall be installed on all service lines. For meters that are not being relocated, the water service connection item will consist of the direct tap, corporation stop, service line, curb stop, fittings, galvanized stand pipe and angle meter valve as shown in the Owner’s water service connection detail in the plans. The existing meter setter may be cut in half if necessary so that the Contractor can replace all piping and fittings on the street side of the meter connection. Most meters will be ¾” and will require a 1” pipe x ¾” angle meter valve; however, some meters will be 1” and will require a 1” pipe x 1” angle meter valve. Contractor is responsible to verify which fittings are needed before ordering. Contractor shall provide a ring and lid at each service and salvage existing pits, rings and lids as described in Meter Pits and Meters. The city will retain ownership of all salvaged materials for reuse. If the current meter pit doesn’t meet current city specs the city will provide a new one. Contractor to plan on reusing all meter pits that meet current standards unless directed by the city otherwise. The directional drilling equipment shall consist of a hydraulically powered system to rotate, push, and pull hollow drill pipe into the ground at a variable angle while delivering a pressurized fluid mixture to a guidable drill (bore) head. The machine shall be anchored to the ground to withstand the pulling, pushing, and rotating pressure required to complete the bore. The hydraulic power system shall be self-contained with sufficient pressure and volume to power drilling operations. Hydraulic system shall be free of leaks. Rig shall have a system to monitor and record maximum pullback pressure during pullback operations. The rig shall be grounded during drilling and pullback operations. There shall be a system to detect electrical current from the drilling string, and an audible alarm that automatically sounds when an electrical current is detected. All equipment shall be in good, safe operating condition with sufficient supplies, materials, and spare 52 Project # WTR-01-20 parts on hand to maintain the system in proper working order. Trained and competent personnel shall operate the system. Provide sufficient equipment for recycling, handling, and disposal of drilling fluid. Erosion and sedimentation control measures and on-site containers shall be installed to prevent drilling mud from spilling out of entry and/or exit pits. Drilling mud shall be disposed of off-site. Pilot Hole: Pilot hole shall be drilled on bore path with no deviations greater than 5% of depth over a length of 100 feet. Locate all utilities before starting. Reaming: Upon successful completion of pilot hole, the Contractor will ream borehole to a minimum of 25% greater than outside diameter of pipe using the appropriate tools. Pullback: After successfully reaming borehole to the required diameter, Contractor shall put the pipe through the borehole. In front of the pipe shall be a swivel and barrel reamer to compact borehole walls. Once pullback operations have commenced, operations must continue without interruption until pipe is completely pulled into borehole. Installed variance from the designed bore path shall not exceed ± (plus or minus) 1 foot in the vertical plane and ± 2 feet in the horizontal plane. The pipe entry area shall be graded to provide support for the pipe to allow free movement into the borehole. The pipe shall be guided in the borehole to avoid deformation of, or damage to, the pipe. The pipe shall be pulled back through the borehole using the wet insertion construction technique. The pipe shall be installed full of water. The pipe shall be installed in a manner that does not cause upheaval, settlement, cracking, movement or distortion of pavement. The Pipe shall be installed at a depth of no less than 5 feet below pavement, as measured from the top of pipe. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) The Contractor is responsible to apply for and obtain coverage under the National Pollution Discharge Elimination System (NPDES) Construction General Permit (CGP) before any ground disturbing work begins on the project. The Contractor shall present the required SWPP Plan information at the pre-construction conference and be prepared to submit the Notice of Intent (NOI). The Contractor shall provide detailed information about the intended sequence of work (Including the initial site preparation work to install sediment basins, sediment traps, perimeter dikes, silt fencing, etc.), pollution control methods, locations of staging areas, stockpiles, and any other ground disturbing activities. The Notice of Intent (NOI) shall be submitted by the contractor for permit coverage for the Owner, Contractor and subcontractors performing ground disturbing work identified in the plan. The Contractor shall submit the NOI’s and prepare the SWPP Plans. The Contractor shall not begin 53 Project # WTR-01-20 ground disturbing activities until the waiting period after the submittal is over and coverage under the CGP is in force. The contractor shall complete the required weekly and after storm event site inspections and report and document the results. The contractor shall submit the results of the SWPP Plan inspections to the Engineer. The contractor shall coordinate on-site corrective action and SWPPP revisions. The on-site corrective actions shall be completed prior to the next predicted storm event or no later than seven days after inspection. Plan revisions must be accomplished within seven days from the date of the inspection. The Contractor shall post a notice at the site with the NPDES General Permit and copies of the NOI along with the current SWPP Plan. The contractor is responsible for implementing all pollution prevention measures identified in the plan, and for implementing any additional measures needed to remain in compliance with the permit. At completion of the project and all permanent erosion control measures are installed by the contractor, the contractor will submit a Notice of Termination (NOT) for the permits for the Owner, contractor, and subcontractors. PLANT MIX PAVEMENT Work shall consist of removing a minimum of nine feet of asphalt to repair the roadway surface by using an asphalt machine. Minimum depth of the asphalt will be 2.5 inches. Where applicable the contractor will remove the asphalt surface to the front edge of the curb and gutter to have one continuous nine-foot width for the paving machine. Materials shall be per Section 810.2. ½” Plant Mix Pavement shall be used. Workmanship shall conform to Section 810.3. Submittal for mix design shall be approved prior to plant mix placement. Asphalt Surface Course measurement and payment is based upon Section 307.4.1.F.1 REMOVAL AND INSTALLATION OF CONCRETE CURB, GUTTER AND SIDEWALK/ DRIVEWAY APPROACH It is intended that there be at least 12" of Granular Borrow under any driveway or curb and gutter and at least 6" of Granular Borrow under any new sidewalk unless otherwise noted on plans. Individual circumstances at each property will warrant the amount of excavation required to achieve the Granular Base requirements. The granular base depth referred to in this document was established by assuming that poor non-granular soils would be found at all construction areas. The City will only pay for actual amounts of excavation and granular borrow used to achieve minimum base requirements. Unless noted otherwise, surface restoration associated with these bid items to be included under their respective bid item. 54 Project # WTR-01-20 When installing the Sidewalk / Driveway approach the measurement and payment shall be based on Section 706.4.1.E.1 and F.1. Unless noted otherwise, excavation, base materials, compaction and backfill are to be paid under their respective bid tab item. When installing the Standard / Reinforced Curb and Gutter, the measurement and payment shall be based upon Section 706.4.1.A.5. Unless noted otherwise, excavation, base materials, compaction and backfill are to be paid under their respective bid tab item. The section(s) of sidewalk that meets existing concrete or asphalt driveways or parking lots shall be sloped (no greater than 1:12) to make a smooth transition with existing surfaces. Gradually slope (1:12 or less) the last section(s) of any concrete flatwork intersecting existing asphalt or concrete surfaces (driveways, parking areas, etc.). Install expansion joint material at the first joint away from any connection between concrete sidewalk and asphalt pavement. All Concrete must include ASR mitigation. The payment for all flatwork costs associated with Depressed Handicapped Access Ramps shall be included in the appropriate concrete flatwork unit price bid. LANDSCAPE AND SPRINKLER IRRIGATION The Contractor shall repair, to equal or better condition, any landscaping and irrigation system components damaged during construction as an incidental item to the work. Where landscaping and irrigation system repair is required on private property, the Contractor shall obtain a signature from the affected property owner, indicating that all such repairs have been made to the property owner’s satisfaction. The Contractor shall digitally photograph the landscaping prior to beginning work at each meter connection. The Contractor shall also digitally photograph the repaired landscaping at the completion of the Work. The digital photographs of the pre- and post-landscaping shall be supplied to the Owner. The files shall be named with the street name, house number, and date of photo. During the irrigation season, landscape irrigation shall be maintained throughout the excavation area. Landscape irrigation to undisturbed landscaped areas shall not be disrupted for more than 1 day, unless otherwise agreed to in writing by the property owner SAW CUT ASPHALT OR CONCRETE SURFACE This item shall consist of the Contractor "saw cutting" the existing asphalt or concrete surface at the removal or join lines as shown on the plans or as marked by the Engineer in the field. The saw cut shall be deep enough to go completely through the existing layer(s) of asphalt or concrete surfacing so that there is a smooth, even surface against which the new asphalt surfacing can be adjoined to. This vertical asphalt or concrete surface edge shall be thoroughly covered with liquid asphalt just prior to the time when the new asphalt surfacing is placed against this "join line". If the Contractor cracks, breaks off, rounds off or otherwise damages this 55 Project # WTR-01-20 vertical join line, it will be the Contractor's responsibility (and cost) to re-saw cut any portions of the saw cut, vertical join lines so damaged. Saw cuts shall be included in the price of the associated bid items. 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. UTILITY SERVICE All utility services shall be maintained in such a manner as to cause the least inconvenience to the property owners. When utility service is disrupted as a result of the Contractor's operations, the Contractor shall provide service and shall be responsible for maintaining service to the property owner until the project is completed. GENERAL CLEANUP The Contractor shall be responsible for the general cleanup of the project site, such as smoothing and rounding of back slopes, leveling mounds, filling voids with appropriate material and removal of all excess material. The Contractor shall pick up, load, haul and dispose of all debris left from sidewalk/driveway, roadway or other 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. 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. 56 Project # WTR-01-20 TRAFFIC CONTROL The CONTRACTOR shall be responsible for all traffic control during construction. The Contractor shall cooperate with the Police and Fire Departments to adequately ensure that fire protection access requirements and vehicular traffic control and access are being provided. The removal of any parked cars shall be the responsibility of the Contractor and shall be coordinated with the Police Department. A construction schedule detailing areas and type of work to be performed and a traffic control plan to minimize delays and to protect the public shall be submitted by the Contractor for review by the City Engineer prior to work starting. This plan shall be in conformance with the current Manual on Uniform Traffic Control Devices (MUTCD) For Streets and Highways and shall include details on proposed detours or changes in traffic control devices or pavement markings. No work shall be performed until a traffic control plan has been approved and all traffic control devices have been installed. The Contractor shall be responsible for furnishing, erecting, maintaining, and removing all necessary construction signs, barricades, and traffic control devices required on this project in accordance with the approved traffic control plan. All signing and traffic control devices shall conform to the current Manual on Uniform Traffic Control Devices (MUTCD) For Streets and Highways. Any costs associated with the furnishing and maintenance of the various required traffic control devices shall be included in the bid item for the traffic control. The contractor shall provide an individual or individuals knowledgeable in traffic control to maintain and monitor required traffic control. Such individual or individuals shall have traffic control as a duty and shall be available as needed to correct any issues until project is complete. Certification by the Idaho Transportation Department (I.T.D.) is advisable. During non-working days and non-work hours, the individual need not be on duty, but shall be available by telephone contact to perform maintenance of traffic control devices as necessary. During non-working days, the individual shall review project traffic control at least once daily and perform any maintenance needed. The Contractor shall keep the businesses within the project area continually advised of his proposed schedule of operations. Vehicular access shall be continuously maintained to all businesses adjacent to this street construction work. The Contractor shall complete the driveway construction work (connecting these businesses to the new street) as rapidly as possible. Driveways shall be constructed in such manner that there is always easy access to these businesses. Driveways may have to be constructed on a "1/2 driveway at a time basis" or the Contractor may work out an arrangement with the property owner whereby a driveway can be temporarily relocated with the Contractor providing a separate graveled driveway to the property at said temporary location other than where the existing driveway is located. Temporary graveled driveways to these business properties shall be continuously and conscientiously maintained and shall be delineated with barrels, barricades, signs or other such similar markers to make these driveway accesses easily discernable to and useable by the traveling public. CUSTOMER NOTIFICATION 57 Project # WTR-01-20 The Contractor shall notify each customer of potential water disruption 48 hours in advance of the water disruption, the morning of the shutdown, and 30 minutes before the disruption. The Contractor shall inform the customer of the estimated length of the disruption. If customer is not present, the Contractor shall use door hangers to alert the customer of the scheduled water service disruption. Provide Contractor phone number, including contact information for non-business hours. PUBLIC NOTIFICATION The CONTRACTOR shall provide individuals and businesses affected by the project with notification one (1) week prior to the start of construction. The Contractor shall leave printed material with any business or property owner adjacent to the subject construction work that states: (1) the Contractor's name, (2) the name of the Project Superintendent, and (3) two telephone numbers whereat the Contractor or his Superintendent can be reached to answer property owner’s questions regarding the project. The Contractor shall provide public notice of the project forty-eight (48) hours prior to the start of construction. Public notice shall be through the local news media. All notices shall contain the Project name, the Contractor's name, the Contractor's phone number, the type of work to be performed, tentative start and end of construction, and any anticipated disruption of services. Any changes which may affect the start or end of construction by more than one week shall require re-notification of the public and all businesses of the changed schedule. The above notifications may be waived if the City determines it to be unnecessary. The Contractor shall be responsible for notifying all pertinent agencies such as the Police Department, Fire Department, Sanitation Department, U.S. Post Office, INL Bus personnel, School Districts Bus personnel, etc. of the proposed construction work and schedule and of any road closures, detours, etc. which might affect their normal operations. Such notice should be provided with enough time for those agencies to provide notice to and reschedule their affected personnel and customers. Contractor shall submit a copy of fore mentioned notice and list of those notified for review by the City Engineer prior to work starting. COMPLETION TIME TABLE The CONTRACTOR shall have the project completed in thirty (30) calendar days for all work for substantial completion from notice to proceed, to complete all work and cleanup involved with this project. ^TOP