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BARNEY DAIRY LIFT STATION Project #WW-01-20

BARNEY DAIRY LIFT STATION Project #WW-01-20 · 2020. 9. 9. · Keith Davidson P.E. Public Works Director/ City Engineer City of Rexburg ^TOP. 4 Project # WW-01-20 INSTRUCTIONS TO

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Page 1: BARNEY DAIRY LIFT STATION Project #WW-01-20 · 2020. 9. 9. · Keith Davidson P.E. Public Works Director/ City Engineer City of Rexburg ^TOP. 4 Project # WW-01-20 INSTRUCTIONS TO

BARNEY DAIRY LIFT STATION

P r o j e c t # W W - 0 1 - 2 0

Page 2: BARNEY DAIRY LIFT STATION Project #WW-01-20 · 2020. 9. 9. · Keith Davidson P.E. Public Works Director/ City Engineer City of Rexburg ^TOP. 4 Project # WW-01-20 INSTRUCTIONS TO
Page 3: BARNEY DAIRY LIFT STATION Project #WW-01-20 · 2020. 9. 9. · Keith Davidson P.E. Public Works Director/ City Engineer City of Rexburg ^TOP. 4 Project # WW-01-20 INSTRUCTIONS TO

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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

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INVITATION FOR BIDS Separate sealed bids for the Barney Dairy lift station. will be received by the City of Rexburg, Idaho. The bids will be received at City Hall, 35 North 1st East Rexburg, ID 83440 until 3:30 P.M. on September 15, 2020 . Then at said office publicly opened and read aloud shortly thereafter. The project consists of a sanitary lift station accompanying vaults, installation of lift station pumps and electrical components. The developer will install all gravity and pressure sanitary sewer lines and as such will not be included in this contract. 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. Each Proposal must be submitted on the prescribed form and be accompanied by a certified cashier’s check or bid bond executed on the prescribed form payable to the City of Rexburg Idaho in an amount not less than 5% of the amount bid. 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. __________________________ ________________________________August 28, 2020 to September 4, 2020

Keith Davidson P.E. Public Works Director/ City Engineer City of Rexburg

^TOP

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INSTRUCTIONS TO BIDDERS 1. FORMAT: The Contract Documents are divided into parts, divisions, and sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification sections into the work performed by the various building trades, work by separate contractors, or work required for separate facilities in the project. Specifications are bound into these documents in the same order as they appear in the Table of Contents. Specification section numbers and the section page numbers are shown at the bottom of each page. Project Plans are bound separately from these Contract Documents. 2. COPIES OF BIDDING DOCUMENTS: Complete sets of bidding documents may be obtained from the City of Rexburg for the fee stated in the Invitation to Bid. Complete sets of bidding documents must be used in preparing bids; neither Owner nor Engineer 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).

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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.

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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.

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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

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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

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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: Davis Bacon Wage Rates apply. See wage rates in bid documents. 20. ENGINEER The Engineer for this project will be the City of Rexburg, Justin Beard, 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

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Proposal

Proposal

Bid Bond

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PROPOSAL Contract: BARNEY DAIRY LIFT STATION Project No.: WW-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

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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. Base Alternate (to MH#6)

Item No. Item Description Unit Bid Quantity

Unit Bid Price

Bid Amount

Sanitary Sewer 501.4.1.A.3 2" DR 25 (165 psi) C900

pressure sewer pipe LF 50

501.4.1.A.3 6" DR 25 (165 psi) C900 pressure sewer pipe

LF 1100

301/306.4.1.A.1 Pressure Sewer Thru Native Grounding (Trenching/Bedding/Backfill)

LF 1100

501.4.1.A.1 Gravity Sewer Pipe - 12" SDR 35

LF 165

501.4.1.A.1 Gravity Sewer Pipe - 15" SDR 35

LF 1075

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501.4.1.A.1 Gravity Sewer Pipe - 24" SDR 35

LF 90

301/306.4.1.A.1 Gravity Sewer Thru Native Grounding (Trenching/Bedding/Backfill)

LF 1085

301/306.4.1.A.1 Gravity Sewer Thru Ashpalt Street (Trenching/Bedding/Backfill/9' Asphalt)

LF 210

2030.4.1.A.1 Adjust Manholes to Grade EA 6 502.4.1.A.1 48" Sanitary Sewer Manhole

Type A EA 4

502.4.1.A.1 72" Sanitary Sewer Manhole Type A

EA 2

Sanitary Sewer Lift Station S.P. pg. 3-20 Sanitary Sewer Detention Lift

Station (Wet Well, 3 Pumps, valve vault, pipe connection, etc)

LUMP SUM

1

S.P. pg. 3-20 Sanitary Sewer Detention Lift Station Mechanical

LUMP SUM

1

S.P. pg. 3-20 Sanitary Sewer Detention Lift Station Electrical

LUMP SUM

1

Miscellaneous 602.4.1.F.1 Type I Catch Basin (including

Piping, Grate, Barrel) EA 1

S.P. pg. 20 Storm Infiltator Sytem EA 1 S.P. pg. 18 Primary Power from RMP

(conduit, ground sleeve, etc) LS 1

S.P. pg. 18 Cummings On-Site Generator LS 1 1103.4.1.A.1 Traffic Control LS 1 2010.4.1.A.1 Mobilization/Bonds LS 1 Demolition & Salvage Work LS 1

Total $

-

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Alternate 1 (to MH#7) Item No. Item Description Unit Bid

Quantity Unit Bid Price

Bid Amount

Sanitary Sewer 501.4.1.A.3 2" DR 25 (165 psi) C900

pressure sewer pipe LF 50

501.4.1.A.3 6" DR 25 (165 psi) C900 pressure sewer pipe

LF 1100

301/306.4.1.A.1 Pressure Sewer Thru Native Grounding (Trenching/Bedding/Backfill)

LF 1100

501.4.1.A.1 Gravity Sewer Pipe - 12" SDR 35

LF 165

501.4.1.A.1 Gravity Sewer Pipe - 15" SDR 35

LF 1075

501.4.1.A.1 Gravity Sewer Pipe - 21" SDR 35

LF 275

501.4.1.A.1 Gravity Sewer Pipe - 24" SDR 35

LF 90

301/306.4.1.A.1 Gravity Sewer Thru Native Grounding (Trenching/Bedding/Backfill)

LF 1085

301/306.4.1.A.1 Gravity Sewer Thru Ashpalt Street (Trenching/Bedding/Backfill/9' Asphalt)

LF 250

301/306.4.1.A.1 Gravity Sewer Thru Landfill (Trenching/Bedding/Imported Backfill)

LF 275

2030.4.1.A.1 Adjust Manholes to Grade EA 7 502.4.1.A.1 48" Sanitary Sewer Manhole

Type A EA 4

502.4.1.A.1 72" Sanitary Sewer Manhole Type A

EA 3

Sanitary Sewer Lift Station S.P. pg. 3-20 Sanitary Sewer Detention Lift

Station (Wet Well, 3 Pumps, valve vault, pipe connection, etc)

LUMP SUM

1

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S.P. pg. 3-20 Sanitary Sewer Detention Lift Station Mechanical

LUMP SUM

1

S.P. pg. 3-20 Sanitary Sewer Detention Lift Station Electrical

LUMP SUM

1

Miscellaneous S.P. pg. 19 Rexburg Canal Crossing LS 1 602.4.1.F.1 Type I Catch Basin (including

Piping, Grate, Barrel) EA 1

S.P. pg. 20 Storm Infiltator System EA 1 S.P. pg. 18 Primary Power from RMP

(conduit, ground sleeve, etc) LS 1

S.P. pg. 18 Cummings On-Site Generator LS 1 1103.4.1.A.1 Traffic Control LS 1 2010.4.1.A.1 Mobilization/Bonds LS 1 Hydroseed Mix and Install Acre 0.5 Demolition & Salvage Work LS 1

Total $

Alternate 2 (to MH#9) Item No. Item Description Unit Bid

Quantity Unit Bid Price

Bid Amount

Sanitary Sewer 501.4.1.A.3 2" DR 25 (165 psi) C900

pressure sewer pipe LF 50

501.4.1.A.3 6" DR 25 (165 psi) C900 pressure sewer pipe

LF 1100

301/306.4.1.A.1 Pressure Sewer Thru Native Grounding (Trenching/Bedding/Backfill)

LF 1100

501.4.1.A.1 Gravity Sewer Pipe - 12" SDR 35

LF 165

501.4.1.A.1 Gravity Sewer Pipe - 15" SDR 35

LF 1075

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501.4.1.A.1 Gravity Sewer Pipe - 21" SDR 35

LF 825

501.4.1.A.1 Gravity Sewer Pipe - 24" SDR 35

LF 90

301/306.4.1.A.1 Gravity Sewer Thru Native Grounding (Trenching/Bedding/Backfill)

LF 1085

301/306.4.1.A.1 Gravity Sewer Thru Ashpalt Street (Trenching/Bedding/Backfill/9' Asphalt)

LF 250

301/306.4.1.A.1 Gravity Sewer Thru Landfill (Trenching/Bedding/Imported Backfill)

LF 825

2030.4.1.A.1 Adjust Manholes to Grade EA 9 502.4.1.A.1 48" Sanitary Sewer Manhole

Type A EA 4

502.4.1.A.1 72" Sanitary Sewer Manhole Type A

EA 5

30" Steel Casing 1/2" Thick LF 130 Sanitary Sewer Lift Station S.P. pg. 3-20 Sanitary Sewer Detention Lift

Station (Wet Well, 3 Pumps, valve vault, pipe connection, etc)

LUMP SUM

1

S.P. pg. 3-20 Sanitary Sewer Detention Lift Station Mechanical

LUMP SUM

1

S.P. pg. 3-20 Sanitary Sewer Detention Lift Station Electrical

LUMP SUM

1

Miscellaneous S.P. pg. 19 Rexburg Canal Crossing LS 1 S.P. pg. 19 Teton River Crossing LS 1 602.4.1.F.1 Type I Catch Basin (including

Piping, Grate, Barrel) EA 1

S.P. pg. 20 Storm Infiltrator System EA 1 S.P. pg. 18 Primary Power from RMP

(conduit, ground sleeve, etc) LS 1

S.P. pg. 18 Cummings On-Site Generator LS 1 1103.4.1.A.1 Traffic Control LS 1 2010.4.1.A.1 Mobilization/Bonds LS 1 Hydroseed Mix and Install Acre 1 Demolition & Salvage Work LS 1

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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 ninety (90) 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 __________________________________________________ Who has an Idaho Public Works Contractors License No. And Type of ____________________ and doing business at ___________________________________________________________.

(Street) (City) (State and zip code)

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which is the address to which all communication concerned with this Proposal and with the Contract shall be sent.

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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)

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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.: _________________________________________________________________________

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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.

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EXCEPTIONS: If the terms and conditions provided on the preceding pages cannot be met, bidders are instructed to note those terms and conditions with which they take exception and give a full explanation in the space below. IF NO EXCEPTIONS ARE TAKEN, WRITE "NONE" ______________________________________________________________________________ BIDDER'S STATE OF DOMICILE:____________________________________________ Amount of Bid Preference Penalty: _________________________ A copy of the Bid Preference Penalty Statute of the State in which Bidder is domiciled must be attached hereto. Failure to furnish information as required in section "Preference for Idaho Domiciled Bidders" may result in rejection of Bid. GENERAL INFORMATION Furnish the following information. Failure to comply with this requirement will render the Bid incomplete and may cause its rejection. Attach additional sheets as required. 1. Contractor's name and address (mail and business): _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 2. Contractor's telephone and fax numbers: ( ) ______________, ( ) _____________ 3. Contractor's State License: Primary Classification: ______________________________ State License No.: ________________________________________________________

Supplemental Classification held, if any: ______________________________________ _______________________________________________________________________

Bid Limit: ______________________________________________________________ 4. Number of years as a contractor in construction work of this type: __________________ 5. Names and titles of all officers of CONTRACTOR's firm: _______________________________________________________________________

_______________________________________________________________________ _______________________________________________________________________ 6. Name of person who inspected site of proposed work for your firm:

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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

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BID BOND BIDDER (Name and Address): _________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ SURETY (Name and Address of Principal Place of Business): _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ OWNER (Name and Address):

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

BID BID DUE DATE: _________________________ PROJECT (Brief Description Including Location): ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ BOND BOND NUMBER: _____________________________________ DATE (Not later than Bid due date): _______________________ PENAL SUM: ________________________________________ ________________________________ (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY _______________________________________ (Seal) _____________________________________ (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: ___________________________________ By: _________________________________ Signature and Title Signature and Title (Attach Power of Attorney) Attest: ________________________________ Attest: _______________________________ Signature and Title Signature and Title _____________________________________________________________________________ Note: (1) Above addresses are to be used for giving the required notice.

(2) Any singular reference to Bidder, Surety, OWNER or another party shall be considered plural where applicable.

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1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond. 2. The default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1. OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or 3.2. All Bids are rejected by OWNER, or 3.3. OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by the United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. The surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of a said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal as applicable. ^TOP

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NOTICE OF AWARD DATE: __________________ TO: _______________________________ ADDRESS: ________________________ __________________________________ Contract: BARNEY DAIRY LIFT STATION Project No: WW-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

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Contract Forms

Contract for Construction

Performance Bond

Payment Bond

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CONTRACT FOR CONSTRUCTION

For: BARNEY DAIRY LIFT STATION

Project No.: WW-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 ninety (90) 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

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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.

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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)

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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

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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.

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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

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34 Project # WW-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:

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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

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General Forms

Notice to Proceed

Change Order

Work Change Directive

Certificate of Substantial Completion

Application for Payment

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NOTICE TO PROCEED

Date: _________________ TO: _________________________________ ADDRESS: ___________________________ _____________________________________ Contract: BARNEY DAIRY LIFT STATION Project No: WW-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

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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: _____________________

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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

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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.

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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

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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.

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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

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APPLICATION FOR PAYMENT NO. ________ To: _________________________________________________________________________________(OWNER) From: _________________________________________________________________________(CONTRACTOR) Contract: _____________________________________________________________________________________ Project: ______________________________________________________________________________________ OWNER's Contract No.: _____________________ ENGINEER's Project No.: _____________________________ For Work accomplished through the date of: ____________________________ 1. Original Contract Price: $_____________________ 2. Net change by Change Orders and Written Amendments (+ or -): $_____________________ 3. Current Contract Price (1 plus 2): $_____________________ 4. Total completed and stored to date: $_____________________ 5. Retainage (per Agreement):

_____% of completed Work: $____________________ _____% of stored material: $____________________ Total Retainage: $_____________________ 6. Total completed and stored to date less retainage (4 minus 5): $_____________________ 7. Less previous Application for Payments: $_____________________ 8. DUE THIS APPLICATION (6 MINUS 7): $_____________________ Accompanying Documentation: Schedule of Values CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR’s legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through _____ inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. Dated ______________________ _______________________________________________________________

CONTRACTOR By: State of ______________________________ County of ____________________________ Subscribed and sworn to before me this _____ day of __________________, ________

____________________________________ Notary Public My Commission expires: _______________

Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated ______________________ ______________________________________________________________

ENGINEER By: EJCDC No. 1910-8-E (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification Institute.

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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

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ISWPC DIVISION 100 – STANDARD GENERAL CONDITION OF THE CONSTRUCTION CONTRACT

https://www.rexburg.org/sites/default/files/fileattachments/public_works/page/10455/2017_edition_ispwc.pdf

^TOP

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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).

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5. Drawings

6. General Conditions of the Contract

7. Bonds

a. Performance Bond b. Labor and Materials Payment Bond c. Proposal Guaranty

SC 5.3 The limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 5.3.1 and 5.3.2 Workers’ Compensation, etc., under paragraphs 5.3.1 and 5.3.2 of the General Conditions

1. State: Statutory 2. Applicable Federal (e.g. Statutory

Longshoreman’s): 3. Employer’s Liability Statutory

5.3.3, 5.3.4 and 5.3.6 Comprehensive General Liability (under paragraphs 5.13 through 5.3.6 if the General Conditions):

1. Bodily Injury (including completed operations products liability): $1,000,000 Each Occurrence $1,000,000 Annual Aggregate

Property Damage

$1,000,000 Each Occurrence $1,000,000 Annual Aggregate or combined single limit of $3,000,000

2. Property Damage Liability Insurance will provide Explosion, Collapse, and

Underground coverage where applicable.

3. Personal Injury, with employment exclusion, deleted: $1,000,000 Annual Aggregate

5.3.7 Comprehensive Automobile Liability: Bodily Injury: 3,000,000 Each Person 3,000,000 Each Occurrence

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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

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CONTRACTOR’S application for final payment. Information required shall include, but not necessarily be limited to drawings, replacement lists, vendor’s name, address, and telephone number, operating instructions, warranty, and location of service centers.

SC 6.30 Replace paragraph 6.30 with the following: Indemnification:

6.30 The CONTRACTOR shall hold harmless, indemnify and defend the OWNER, their officers, employees, and agents, from any and all liability claims, losses or damage arising or alleged to arise from the performance of the work described herein, but not including the sole negligence of the OWNER.

SC 11.2 Revise paragraph 11.2 as follows: Delete reference to thirty (30) days for making claim and replace with seven (7) days. SC 11.6.1 Delete “or if none can be agreed upon.” SC 11.6.2 Delete in its entirety. SC 11.9.3 Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place:

“The united price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions:

11.9.3.1 If the total cost of a particular item of Unit Price Work amounts to 15 percent or more of the Contract Price and the variation in the quantity of the particular item of Unit Price Work performed by Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; then either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unity Price Work performed.”

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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:

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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

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SPECIAL PROVISIONS

Barney Dairy Lift Station PROJECT NO. WW-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 construction of a sanitary sewer lift station and accompanying vaults. Installation of lift station pumps and electrical components. The contractor will install all gravity and pressure sanitary sewer. 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. TESTING AND STAKING Testing and 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. LIFT STATION BARREL AND VAULT Precast Concrete A. Design Requirements Section 704.1.4-1.8 B. Materials Section 704.2.1-2.7 C. Workmanship Section 704.3.1-3.6 D. Measurement and Payment shall be by the Lump Sum

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LIFT STATION MECHANICAL The contractor will be required to provide all materials and components to make the Barney Dairy Lift station work fully and completely. Ball Check Valves A. Ball Checks: One moving part; non-clogging with no outside levers or other accessories. B. Construction: Hollow steel ball coated with nitrite rubber; gray iron Class 35, body flanges drilled to ANSI B16.1, Class 125. C. Provide one spare ball and two (2) gaskets for each size of valve. Eccentric Plug Valves A. Material, in accordance with AWWA C504 B. Markings: Clearly marked to indicate open and closed position. C. Port Areas: At Least 82 percent of full pipe area. D. Resilient Seat Seals: Buna N; field replaceable Hoisting Bell Bar A. Stainless steel type 304, Hoisting Bell Bar, with 6,400 lb. minimum breaking strength. Access Frame and Guides A. Aluminum frame hinged flush locking mechanism; upper guide holder. B. Guide bar 2-inch diameter, Type 304 schedule 40 stainless steel pipe. C. Lid frame closure area is to be gasketed with neoprene gasket. Back Up Float Control A. Back up float capable of being controlled by Grundfos pump panel B. Set at level of Pipe Invert to prevent flooding. Pump Testing and Start-up-field A. Prior to submergence, run the pump dry to establish correct rotation and mechanical integrity. B. Ensure pumps operate at specified system fluid temperatures without vapor binding and cavitation, are non-overloading in parallel or individual operation; operate within 25 percent of mid point of published maximum efficiency curve. C. Run the pump for a minimum of 30 minutes submerged, under water. Retest motor and cable installation. D. Testing: Run a complete operating test if the pumps and the associated equipment after installed in the field. 1. Dry Test: Turn on the power to install all equipment. With the pump station dry, activate a pump along with another pump liquid level sensor. Alternate pumps sensors. Check the “pumps running” lights on the control panel to see that they are operating properly. Deactivate all sensors. 2. Wet Test: Provide a source of water adequate for this test water can be obtained through the city of Rexburg. Conduct this test identically to the Dry Test. All equipment must pass these tests. Repair or replace any new equipment failing to operate properly at no additional cost to the owner. Measurement and Payment

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A. Measurement and payment will be by the lump sum. LIFT STATION ELECTRICAL (The pump control panel will be provided by the Contractor for the Barney Dairy Lift Station and will need to be built by the pump manufacture) Electrical PART 1 - GENERAL 1.1 WORK INCLUDED A. Furnish all labor, materials, and equipment as required by the Plans and specifications to provide a complete and workable electrical system. This specification describes the types of materials, methods, and management to be utilized. This includes the work listed in this division as well as equipment furnished under other divisions not specifically mentioned herein. 1.2 POWER COMPANY WORK INCLUDED. A. . Furnish all labor, materials, and equipment as required by ROCKY MOUNTAIN POWER to provide a complete and workable primary electrical system. The contractor will be required to trench and install 800 feet of new electrical conduit per RMP specifications complete with long sweep ridged elbows. With one ground sleeve and concrete pad in the middle of the run and a new transformer pad at the new lift station locations 1.3 CODES AND STANDARDS A. All equipment, materials, and methods of design and installation are to comply with the currently adopted National Electrical Code, the basic Electrical Regulations of the State where the work is to be completed, the Occupational Safety and Health Act (OSHA), and the requirements of any local codes at the site. Codes and standards of the following organizations may be referred to in this section and shall be considered as the minimum acceptable. A reference herein to any portion of the standard or code is not to be considered as negating any other portion of the standard or code. 1. American National Standards Institute, Inc. (ANSI) 2. Institute of Electrical & Electronic Engineers (IEEE) 3. American Society for Testing & Materials (ASTM) 4. Underwriters Laboratories, Inc. (UL) 5. National Electric Manufacturers Association (NEMA) 6. Insulated Power and Cable Engineers Institute (IPECA) 7. National Electrical Code (NEC) 8. Illuminating Engineering Society (IES) 9. Instrument Society of America (ISA) B. Where the Project Plans or these specifications require a higher degree of workmanship or quality of material than the above codes and standards imply, then these Project Plans and specifications will prevail. 1.4 EQUIPMENT. MATERIAL AND WORKMANSHIP

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A. All equipment and material is to be new, free from defects, of current manufacture, and listed by Underwriters Laboratories, Inc., (UL) where UL requirements apply, or other nationally recognized listing and testing laboratory (NRTL). All materials are to be products of reputable and experienced manufacturers. Similar items in the project are to be of the same manufacturer. Use only equipment and materials of industrial quality and durability, and capable of long, reliable, trouble free service. B. The Owner reserves the right to operate defective equipment or that equipment which fails to conform to detailed specifications or does not operate satisfactorily until the defects are corrected or the equipment is repaired or replaced, without cost for depreciation, use or wear. Rejected equipment will be removed from operation only at times approved by the Owner. All equipment furnished under this section will be guaranteed for a minimum period of one (1) year from date of acceptance against defective materials, design, and workmanship in accordance with the provisions of the General Conditions. C. Provide protection for materials and equipment against loss or damage throughout the contract. Protect everything from the effect of weather prior to installation, store items to be installed in indoor location. D. Any item subject to corrosion under damp conditions and items containing insulation such as transformers and motors are to be kept in heated locations. E. Following installation, protect materials and equipment from corrosion, physical damage and effects of moisture on insulation. F. Cap all conduit runs during construction with manufactured seals. Keep openings in boxes or equipment closed. G. Layout work carefully in advance. H. Do not cut or notch any structural member or building surface without specific approval of the Engineer. Carefully carry out any cutting, channeling, chasing, or drilling of floors, walls, partitions, ceilings, pavings, or other surfaces required for the installation, support, or anchorage of conduit, raceways, or other electrical equipment. Following such work, restore surfaces neatly to new conditions using skilled craftsmen of the trades involved at no additional cost to the Owner. I. All work will be performed by accomplished, qualified, licensed by the State of Idaho and experienced personnel working under continuous competent supervision. 1.5 PERMITS A. The city of Rexburg will obtain the electrical permit pertinent to the electrical installation. All electrical inspections to be arranged by the electrical contractor prior to the completion and acceptance of the project. 1.6 SITE INSPECTIONS A. Prior to submitting a bid, visit the project site and ascertain conditions affecting the proposed work and all existing electrical facilities. 1.7 UTILITY CONNECTION A. When a new or modified electrical service is required by the Plans, it shall be furnished and installed as per the local power company. All service and metering are to comply with their requirements. Provide transformer pad, when required, in accordance with the power company requirements. B. Utility line and service extension charges will be arranged and paid by the Owner. The electrical contractor shall be responsible for all trenching and backfilling and give the utility ample

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notification in order to ensure services will not be interrupted at the job site where the new service is to be installed. 1.8 SHOP DRAWINGS A. Make all submittals to the City Engineer. B. Within 15 days after the contract award, submit material lists for this section of the work. Lists will include manufacturer and brand name of each class of material. C. Submit complete shop drawings for review prior to manufacture of power distribution and control equipment. 1. Drawings- will show: a. Elevations b. Plan layout and dimensions c. Construction details d. Elementary diagrams e. Connection and interconnection diagrams f. Bill of Material g. Finish and name plates D. Motor control center diagrams, motor controller diagrams, and package drive diagrams are to be of the elementary type and show terminal identifications and associated field connections for each drive. E. Schematics for all control circuits are to be laid out as a ladder diagram with each line numbered in a sequential manner and all relays having their contact location summary on the line with the relay coil, (per JIC standards). Clearly show and identify interconnection with other systems. F. Provide and submit for review complete interconnection diagrams for all equipment showing: 1. Terminal blocks of all distribution and control equipment 2. All power, control and signal raceways 3. Conduit sizes, wire number, wire sizes 1.9 RECORD DRAWINGS A. Maintain a neatly marked set of record drawings showing installation location, and/or routing of conduits, depth of buried cables, pull boxes, junction boxes, and outlets. Mark this set to show current job progress and any deviation from the contract drawings. These drawings will be available upon demand of the Engineer. After final inspection, transfer all record information to the Engineer as required in General Conditions. Failure to keep record drawings up to date will be cause for withholding monthly or final payment. PART 2 - EXECUTION 3.1 INSTALLATION A. The electrical plan drawings show general arrangements and locations for equipment conduit, outlets, etc. Unless detailed or dimensioned, exact locations of conduit, routing of cables and placement of equipment will be governed by structural conditions, physical interferences, and locations of electrical termination on equipment. Examine architectural, structural and mechanical

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Plans and shop drawings for the various equipment in order to determine exact routing and placement of all raceways, cables, and equipment, to assure a workable installation. B. Allowances have been made in the design for the number of raceways and conductors which the Engineer considers minimum for powering and controlling all electrical equipment. If the installed equipment is of larger horsepower than shown, or if characteristics require increased power and/or conductors, resize the raceway and conductors to allow for the changed conditions and remit the information for review prior to installation. C. The electrical contractor shall be responsible for all conduits, cables, and conductors necessary to meet requirements of all electrical equipment and devices. Determine final sizing of conduits, number, and size of all required conductors after review of required drawings. D. Wherever possible, place conduit in the floor or wall to provide a neat and clean installation. 3.2 CLEAN-UP A. Continuously remove debris, cuttings, crates, cartons, etc. B. Before acceptance, carefully clean all cabinets, panels, boxes, wiring devices, cover plates, etc. Replace all damaged or blemished fixtures. WIRE CONNECTIONS AND DEVICES PART 1 - GENERAL 1.1 DESCRIPTION A. Provide wire connectors, crimp terminals, splice connectors, mechanical lugs, compression lugs, pin connectors, split bolt connectors and associated insulating devices for a complete wiring connection system suitable for specified cables furnished. B. Connectors shall be in accordance with NEC, state and local requirements for size and color installed therein. PART 2 - GENERAL 2.1 WIRE NUTS A. A cone-shaped, steel-plated, coil spring insert within an insulating connector body containing buttress threads inside the skirt for guiding wire ends snugly into body skirt. 2.2 CRIMP NUTS A. Insulated and noninsulated open end steel connector with flared entry for easy wire insertion and a secure crimp connection. B. Insulated nut provided to have resilient nylon insulation for ruggedness. 2.3 CRIMP TERMINALS A. Insulated terminal with brazed seam to prevent splitting. B. Electrolytic copper uniformly electro-tin plated to resist corrosion. C. Color-coded insulation for identification of proper size. D. Insulation shall be of resilient nylon.

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2.4 SPLICE CONNECTORS A. Provide with same qualities as terminals. 2.5 MECHANICAL LUGS A. Dual rated solderless lug for use with aluminum and/or copper conductors. B. Lugs shall be rated at 600 volts. C. Lugs shall be constructed of electro-tin plated high strength aluminum alloy. D. Lugs may range in size from single conductor barrel to eight (8) barrels. 2.6 COMPRESSION LUGS A. Dual rated seamless lug for use with aluminum and copper single conductor barrel. B. Lugs shall be rated at 600 volts. C. Lugs shall be constructed of electro-tin plated high strength aluminum alloy. D. All compression lugs to be rung type on control wiring. 2.7 SPLIT BOLTS A. Strong corrosion resistant tin plated high strength copper alloy for both aluminum and copper conductors. B. Each bolt shall have wire separator. C. Bottom pad attached to nut and guide assembly. 2.8 MANUFACTURERS

Ideal Industries 3-M Company Buchanan Mac Products llsco Or equivalent as approved by the City Engineer.

PART 3 - GENERAL 3.1 WIRE CONNECTORS A. Do not use wire nuts and noninsulated crimp in branch circuit power and lighting wiring. B. Insulated crimp nuts may be used in lighting fixtures, appliances, and control wiring. 3.2 CRIMP TERMINALS A. Use insulated crimp terminals in making wire to device connections for control/instrumentation wiring. 3.3 SPLICE CONNECTORS A. Use insulated splice connectors for splicing control wires only when splicing is indicated on the Project Plans. 3.4 MECHANICAL LUGS

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A. Use mechanical lugs for making connections to electrical equipment such as disconnect switches, panelboards, transformers, switchboards and motor control centers. 3.5 COMPRESSION LUGS A. Use compression lugs in lieu of mechanical lugs when mechanical lugs are not provided. 3.6 SPLIT BOLTS A. Use split bolts in making feeder taps in junction boxes and wireways where conductors are solid 10 AWG CU and larger. B. Insulate connections to a rated 600 volts at 90°C. 3.7 INSTALLATION A. All connectors and lugs installed shall not exceed manufacturer's recommended connecting combinations. B. Install wire connecting devices to provide for a tight mechanical and electrical continuity make-up. C. Recheck splices and terminations and makeup tight prior to substantial completion. MOTOR STARTERS & COMBINATION MOTOR PROTECTION SWITCHES INCLUDE IN PANEL FROM MANUFACTURER INSTALLATION A. In finished areas, mount motor protection switches flush and install suitable coverplates. B. Install heaters correlated with full load current of motors provided designated by motor nameplate rating. C. Set overload devices to suit motors provided. PANELBOARD PART 1 - GENERAL 1.1 WORK INCLUDED A. Furnish all labor, materials and equipment as required to furnish and install electrical distribution panelboards at the locations and meeting the requirements shown on the Plans. B. Make connections between luminaires, equipment and panelboards. 1.2 REQUIREMENTS OF REGULATORY AGENCIES A. Construct panelboards to UL or NEMA standards and provide UL or NEMA labels. B. All work to be in accordance with the National Electrical Code and all local and state codes. PART 2 - GENERAL 2.1 MATERIALS A. Acceptable Manufacturers: 1. As noted for individual items.

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2. Other manufacturers desiring approval comply with Section 01640. 2.2 480 VOLT PANELBOARDS A. Manufacturers/Types:

Westinghouse Type WEHB" General Electric Type NHB" Square D Type NHIB" I.T.E. Type CDP" Or equal approved by the City Engineer.

B. Voltage: 480/277 volts, 3-phase, 4-wire, S/N, equipped with automatic circuit breakers. C. Provide panelboards of the same make and key alike with a master key arrangement D. Use dead front panelboards with one-piece cabinets constructed from galvanized code gauge steel. Cabinets shall have knockouts and minimum gutter space of four inches on all sides. E. Provide branches with automatic circuit breakers, thermomagnetic type, with inverse time characteristics with quick make, quick break manual and automatic operation. Circuit breaker shall have positive trip indication as well as clear "off and "on" indication. Use circuit breakers with a minimum 14,000 AIC rating at 277 volts. Use breakers that are listed for use as switches. F. Use breach breakers of one, two, or three pole types having "common-trip" arrangements. G. Use factory assembled panelboards with amp rating units indicated on the Plans. Provide spare units and blank spaces as indicted on the Plans. Main circuit breaker or lugs only as shown on the Plans. Branch connections shall be bolted. H. Affix large, permanent individual numbers to each breaker in a uniform position. Number starting at the top, with odd numbers used in sequence down left hand side and even numbers used in sequence down right hand side. I. Use fronts manufactured with code gauge steel, finished with rust inhibiting primer and baked enamel finish and manufacturer's standard color. Provide doors with flush tumbler type locks Provide a circuit directory frame and card with a clear plastic covering inside the door. J. Furnish locking clips for "on" position only, with "off' trip free travel, and installed in all circuits so indicated on the Plans. Provide a minimum of five per panel. K. Level panel with phenolic engraved nameplate. L For outside locations use a NEMA 3R cabinet unless otherwise specified by the plans. 2.3 208 VOLT PANELBOARDS A. Manufacturers/Types:

Westing house Type NQO" General Electric 'Type NLAB" Square D 'Type NQO" I.T.E. 'Type NPAB" Or equal approved by the Engineer.

B. Voltage: 280/120 volts, 3-phase, 4-wire, S/N equipped with automatic circuit breakers. C. Provide panelboards of the same make and key alike with a master key arrangement. D. Use dead front panelboards with one-piece cabinets constructed from galvanized code gauge steel. Cabinets shall have knockouts and minimum gutter space of four inches on all sides. E. Provide branches with automatic circuit breakers, thermomagnetic type, with inverset time characteristics with quick make, quick break manual and automatic operation. Circuit breaker shall have positive trip indication as well as clear "off1 and "on" indication. Use circuit breakers with a

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minimum 10,000 AIC rating at 120 volts. Use branch breakers of one, two of three pole types, having a "common-trip" arrangement. F. Use factory assembled panelboard with ampere rated units indicated on the Plans. Provide spare units and blank spaces as indicated on the Plans. Main circuit breaker or lugs only as shown on the Plans. Use plug-in branch connections. G. Affix large permanent individual numbers to each breaker in a uniform position. Number starting at the top, with odd numbers used in sequence down left hand side and even numbers used in sequence down right hand side. H. Use front manufactured with code gauge steel, finished with rust inhibiting primer and baked enamel finish, and manufacturer's standard color. Provide doors with flush tumbler type locks. Provide a circuit directory frame and card with a clear plastic covering inside the door. I. Furnish locking clips for "on" position only, with "off trip free travel, and installed on all circuits so indicated on the Plans. J. Label panel with phenolic engraved nameplate. K. For outside locations use a NEMA 3R cabinet unless otherwise specified by the plans. 3.1 INSTALLATION A. Provide mounting brackets, busbar drillings, and filler pieces for unused spaces. B. Prepare and affix typewritten directory to inside cover of panelboard indicating loads controlled by each circuit. C. Install as shown on the Plans and instructed by Code and the manufacturer's instructions. PUMP CONTROL PANEL To be built my manufacture & provided by the Contractor PART 1 - GENERAL 1.1 WORK INCLUDED A. Furnish all labor, materials and equipment as required to install a factory manufactured & assembled pump control panel for the pump stations. B. Furnish the electrical connections, all conduit, wiring, switches, etc. 1.2 OPERATION A. Provide pump control panels that are set up to operate the one (1) or two (2) pump systems as shown on the Project Plans. B. In dual pump systems the operation is to provide a LEAD-LAG sequencing of the pumps. The panel is to be constructed so that either of the pumps can be operated in either sequence. Automatic alternation of the pumps is required. Each pump is to be controlled with an on-off-auto selector switch. In the auto mode, the two (2) pumps will come on line depending upon the water level in the wet well. C. The pump control panel for the dual pump system will be by a Pressure level controller to be located in the SCADA panel. PART 2 • GENERAL 2.1 ENCLOSURE

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A. For dual pump outside installations, provide the pump controllers in a gasketed NEMA 3R panel with double door construction. All components are to be mounted on or within the inner door, and the outer door is to be sealed with no penetrations, and lockable. B. For single pump installations provide a NEMA 4X fiberglass panel with aluminum back panel. All controls are to be located inside the panel. 2.2 CIRCUITS AND COMPONENTS A. Overload/Breaker: Provide an overload/breaker for each motor. The overload/breaker is to be furnished with hydraulic/magnetic trip elements sized for the specific pump. B. Contactor: Furnish each pump with an across-the-line contactor. C. Relays: Use only solid state hybrid and/or hermetically sealed control relays. D. Provide a green pump "running" light and a red pump "fail" light on the panel. E. Connections: All required connections for power, motors, controls, and miscellaneous are to be connected to terminal strips for ease in installation. F. Furnish a high water level alarm to a 100 watt red fixture that is to be mounted on the service pole, building, or panel as directed by the City Engineer. G. Meters: Provide nonresettable six (6) digit elapsed time meters to record the running time for each pump larger than two (2) horsepower. H. Condensation Protection: Provide a heater and adjustable thermostat in the panel. I. Lightning Arrestor: Provide a three (3) pole thyrite unit mounted in the panel. J. Phase Failure Protection: Provide power monitoring to shut down the pumps when low voltage, phase failure, or phase reversal occurs. K. Lighting and Miscellaneous: Provide two (2) 120-volt, 15-amp breakers to provide power to the electrical outlets, when required on the Project Plans. 2.3 ELECTRICAL SERVICE A. Provide electrical power to the pump panels as shown on the Project Plans. B. Use the equipment shown, or approved equal. C. Use RMC for all conduit work. D. Use copper wire for all conductors. 2.4 WATER LEVEL CONTROLLER FOR DUAL PUMP SYSTEMS A. In SCADA panel provided by the City B. Primary KPSI 750 series pressure transducer. 2.5 ACCESSORIES A. Install a 20 amp GFCI duplex receptacle, as shown on the Project Plans. B. Provide all new wiring and electrical conduits. 2.6 WATER LEVEL CONTROLS FOR SINGLE PUMP SYSTEMS A. Simplex pump systems are to be controlled by a float switch attached to the pump that will signal on-off or highwater. B. The pump control system is to be a Grundfos model capable of handling the design values on the Project Plans. PART 3 - GENERAL

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3.1 INSTALLATION A. Install the pump control panels as shown on the Project Plans and as directed by the manufacturer. B. Install all lights, switches, wiring, conduit, connections to new equipment and facilities. C. Mount panel as shown on the Project Plans. 3.2 TESTING A. Hand operate each level control with each pump in all modes to insure proper sequencing and operation. B. Run the pump stations under a simulated power failure to determine proper operation. C. Correct all problems found during testing. GROUNDING PART 1 - GENERAL 1.1 DESCRIPTION OF WORK A. Provide grounding as specified herein, and as indicated on drawings. B. Types of grounding in this section include the following:

Underground metal water piping systems Structural Metal building frames Grounding electrodes Grounding rods Separately derived systems Service equipment Enclosures Systems Equipment Other items indicated on drawings, or in compliance with currently adopted codes or

ordinances. C. Requirements of this section apply to electrical grounding work specified elsewhere in these specifications. 1.2 QUALITY ASSURANCE A. Comply with NEC as applicable to electrical grounding and ground fault protection systems. Comply with applicable ANSI and IEEE requirements. Provide products which have been listed and labeled by a Nationally Recognized Testing Laboratory (NRTL). PART 2 - GENERAL 2.1 MATERIALS AND COMPONENTS A. Except as otherwise indicated, provide each electrical grounding system as specified herein, and as shown on drawings, including but not necessarily limited to, cables/wires, connectors, terminals (solderless lugs), grounding rods/electrodes and plate electrodes, bonding jumper braid, and other items and accessories needed for complete installation.

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B. Where materials or components are not otherwise indicated, comply with NEC, NEMA and established industry standards for applications indicated. 2.2 GROUND RODS AND PLATES A. Ground Rods: Steel with copper welded exterior, 5/8" dia. x 8'. PART 3 • GENERAL 3.1 INSTALLATION OF GROUNDING SYSTEMS A. Install electrical grounding systems in accordance with manufacturer's written instructions and with recognized industry practices to ensure grounding devices comply with requirements. B. Install braided type bonding jumpers with ground clamps on water meter piping to electrically bypass water meter. C. Install clamp-on connectors only on thoroughly cleaned and metal contact surfaces, to ensure electrical conductivity and circuit integrity. D. Provide grounding for the entire raceway, enclosure, equipment and device system in accordance with the NEC. All non-metallic raceways shall include a copper equipment grounding conductor sized in accordance with the NEC. All RMC shall have grounding bushings. E. Provide service-entrance grounding by means of ground rods (quantity of two, driven exterior to building), by means of bonding to water main, and by means of bonding to building structural steel. F. All below grade cable grounding connections shall be of the compression or exothermically-welded type; compression type is preferred. Connections above grade shall be bolted using a compression type lug on the grounding conductor. Connections, if possible, shall be readily accessible for testing. Measurement and Payment Lift Station Electrical measurement and payment will be by the lump sum.

SECTION 11307 SUBMERSIBLE WASTEWATER PUMPS AND ACCESSORIES

PART 1 - GENERAL

1.01 WORK INCLUDED

A. Furnish all labor, materials and equipment as required for the installation of the submersible wastewater pumps, as shown on the Plans.

B. Furnish and install pumps, discharge connections, slide brackets, guide bars, pump wiring, hatches, ball check valves, plug valves, standby pumps, spare parts and other items as required for complete and workable installations.

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C. See above section on Lift Stations for controls and electrical.

1.03 SUBMITTALS

A. Submit to city pump design curve, pump specifications and specifications for pump system.

1.04 OPERATING CONDITIONS

A. As shown on the Project Plans.

1.05 STANDBY AND SPARE PARTS

A. Furnish a complete standby pump unit of each, size including motor, impeller, bowls, power cable, lift cable, volute and slide bracket. Units are to be complete ready for drop in operation. Standby pump will be furnished for the sewer lift station only. A standby pump for storm water lift stations will not be required.

1. 06 INSTALLATION REQUIREMENTS

A. The pumps are to be capable of handling raw ,unscreened sewage. This discharge connection elbow is to be permanently installed in the wet well along with the discharge piping. The pumps are to be automatically connected to the discharge connection elbow when lowered into place, and be easily removed for inspection or service. There shall be no need for personnel to enter pump well. Sealing of the pumping unit to the discharge connection elbow is to be accomplished by a simple linear downward motion of the pump. A sliding guide bracket shall be an integral part of the pump unit. The entire weight of the pump unit shall be guided by no less than two (2) inch diameter guide bars and pressed tightly against the discharge connection elbows with metal-to-metal contact. Sealing of the discharge interface by means of a diaphragm, O-ring, or other devices will not be acceptable. No portion of the pump is to bear directly on the floor of the sump. The pump, with its appurtenances and hoisting bar, shall be capable of continuous submergence under water without loss of watertight integrity to a depth of 65 feet.

1.07 MANUFACTURERS

A. All pumps and accessories are to be of one manufacturer.

B. Pumps are to be Grundfos.

C. The pump manufacturer is to have a minimum 1,000 units of similar type pumps, installed and operating for no less than five (5) years In the United States.

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1.08 PUMP WARRANTY

A. The pump manufacturer shall warrant the units being supplied to the Owner against defects in workmanship and material for a period of one (1) year or 2000 hours under the Municipal Wastewater-Pretreatment Installation Warranty Policy under normal use, operation and service. The warranty is to be in printed form and apply to all similar units.

PART 2- PRODUCTS

2.01 PUMP CONSTRUCTION MATERIALS

A. Major pump components are to be of gray cast Iron. Class 30. with smooth surfaces devoid of blow holes and other irregularities. Where watertight seal is required, use 0-rings made of nitrile rubber. All exposed nuts and bolts are to be of stainless steel 304. All surface coming into the contact with sewage, other than stainless steel 304 are to be protected by an approved sewage resistant coating. Pump exterior is to be sprayed with PVC epoxy primer, with chloric rubber paint finish.

B. All mating surfaces where watertight sealing is required are to be machined and fitted with nitrile rubber 0-rings. Fittings are to be such that sealing is accomplished by metal-to-metal contact between machined surface. No secondary sealing compounds, rectangular gaskets, elliptical 0-rings, grease or other devices are to be used.

C. The cable entry water seal design is to preclude specific torque requirements to insure a watertight and submersible seal. The cable entry is to be comprised of a single cylindrical elastomer grommet, flanked by washers, all having a close tolerance fit against the cable outside diameter and the entry inside diameter, and compressed by the entry body containing a strain relief function, separate from the function of sealing the cable. The assembly is to bear against a shoulder in the pump top. The cable entry junction chamber and motor is to be separated by a stator lead sealing gland or terminal board, which isolates the motor interior from foreign material gaining access through the pump top.

D. The pump motor is to be squirrel-cage, induction, steel type design housed in an air-filled, watertight chamber. The stator winding and stator leads are to be insulated with moisture resistant Class F insulation which will resist a temperature of 3l1°. The stator is to be dipped and baked three (3) times in Class F varnish. The motor is to be designed for continuous duty, capable of sustaining a minimum of ten (10) starts per hour. The rotor bus and short circuit rings are to be made of aluminum.

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E. The junction chamber, containing the terminal board, is to be sealed from the motor by elastometer compression seal (O-ring). Connection between the cable conductors and stator leads shall be made with threaded compressed type binding post permanently affixed to a terminal board and thus perfectly leak proof.

F. Each unit is to be provided with an adequately designed cooling system consisting of a water jacket which encircles the stator housing. The water jacket is to be provided with a separate circulation of pumped liquid. Cooling media channels and parts are to be non-clogging by virtue of their dimensions

G. The pump shaft is to be stainless steel ANSI 431.

H. Each pump is to be provided with an oil chamber for the shaft sealing system. The oil chamber is to house a pressure equalizer ring filled with sir for oil pressure compensation. Seal lubrication shall require an oil chamber capacity no greater than 1.5 gallons (6 liters). The drain and inspection plug, with positive anti-leak seal, is to be easily accessible from the outside.

I. The pump shaft is to rotate, on two (2) permanently lubricated bearings. The upper bearing is to be a single row deep groove ball bearing and the lower bearing a two (2) row angular contact ball bearing.

J. Each pump is to be provided with a tandem mechanical rotating shaft seal system. Seals shall run in an oil reservoir. Lapped seal faces must be hydrodynamically lubricated at a constant rate. The lower seal unit, between the pump and oil chamber, shall contain one (1) stationary tungsten- carbide ring and one (1) positively driven rotating carbon ring. Each interface shall be held in contact by its own spring system. The seals shall require neither maintenance or adjustment, but shall be easily inspected and replaceable. The following seal types shall not be considered acceptable, nor equal to the dual independent seal specified. Shaft seals without positively driven rotating members or conventional double mechanical seals containing either a common single or double spring acting between the upper and lower units.

K. The impeller is to be of gray cast Iron, Class 30, dynamically balanced, double shrouded non-dogging design, having a long thrulet without acute turns. The impeller is to be capable of handling solids, fibrous materials, heavy sludge and other matter found in normal sewage applications. The impeller is to be capable of passing a minimum four (4) inch solid sphere. The fit between the impeller and the shaft is to be a sliding fit with one (1) key.

L The volute is to be of single piece design and have smooth fluid passage large enough at all points to pass any size solid which can pass through the impeller.

M. A wear ring system is to be installed to provide efficient sealing between the volute and impeller. The wear ring is to consist of a stationary ring made of nitrile

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rubber molded with a steel ring insert which is drive fitted to the volute inlet and rotating stainless steel ANSI 304 ring, which is drive-fitted to the impeller eye.

N. The pump motor cable, installed, is to be suitable for submersible pump application with P122-MSHA approval and this shall be indicated by a code or legend permanently embossed on the cable. Cable sizing shall conform to NEC specifications for pump motors.

2.02 ACCESS FRAME AND GUIDES

A. Furnish and install aluminum access frames complete with hinged and flush locking mechanism and upper guide holder. Frame shall be securely placed, mounted above the pumps. Frame is to be provided with sliding nut rails to attach the accessories required. Lower guide bar holders are to be integral with the discharge connection. Guide bars are to be two (2) inch diameter stainless steel pipe. The guide bars shall not support any portion of the weight of the pump. Doors are to be of skid proof design.

2.03 BALL CHECK VALVE

A. The valves are to consist of just three components body, cover and ball - one moving part. The design of the valve is to be such that it keeps solids, stringy material, grit, rags, etc., moving without the need for back flushing. The ball shall clear the waterway providing “full flow” equal to the nominal size. It shall be non-clog. There shall be no outside levers, weights, springs, dash pots, or other accessories required for a swing (clapper) type check valve. The ball is to be hollow steel with an exterior of nitrile rubber, It shall be resistant to grease, petroleum products, animal and vegetable fats, diluted concentrations of acids and alkalines (pH4 -10), tearing and abrasion. The body and cover are to be of gray cast iron, Class 35. Flange drilling shall be according to ANSI B16.1, Class 125.

B. Furnish one spare ball and two (2) gaskets for each size of valve.

2.04 HOISTING BELL BAR

A. Furnish each pump with a stainless Type 304 bell bar, 6,400 lb. minimum breaking strength.

PART 3- EXECUTION

3.01 INSTALLATION

A. Install as recommended by manufacturer.

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B. Test pump for rotation, flow rate, and overall operation.

POWER COMPANY SERVICE Furnish all labor, materials, and equipment as required by ROCKY MOUNTAIN POWER to provide a complete and workable primary electrical system. The contractor will be required to trench and install 800 feet of new 4” electrical conduit per RMP specifications complete with long sweep ridged elbows. With one ground sleeve and concrete pad in the middle of the run and a new transformer concrete pad at the new lift station location. Both concrete pads must adhere to Rocky Mountain Power specifications and requirements The City of Rexburg will pay the new service connection fee. Additional details from RMP for the new lift station electrical available at the end of the contractor documents see RMP details for more information. The contractor to provide all necessary items to provide power from the Baseball Quad transformer to the new Barney Dairy Lift Station transformer. To include but not necessarily be limited to conduit, elbows, concrete, rebar, meter base, and all other items not listed but necessary to provide a complete electrical service. Measurement and payment will be on a LUMP SUM basis. PERMANENT ON-SITE GENERATOR The lift station will require the installation of a permanent on-site generator to power the lift station in the event of a primary power disruption. The contractor will be required to furnish and install all labor parts and equipment necessary to complete the installation. The generator will be a Cummins Stationary Emergency Turbocharged Diesel Generator. Model C60D6C QSB5-G13. The frequency of the Cummins generator will be 60 Hertz and the generator will be Tier 3 EPA Exhaust Emissions complaint. The generator will be required to match the 3 phase 480 voltage of the primary power source at the lift station. The controller shall be Cummins PowerCommand 2.3 control system. The Transfer Switch shall be a Cummins Power Generation OTEC Open Transition 40-1200 AMP automatic transfer switch. The contractor will be required to provide all labor, equipment and parts to install concrete generator pad with 12” gravel subbase all electrical conduit, wiring, Cummins generator, transfer switch, and all other parts required to deliver to the City of Rexburg a complete and fully functioning standby generator. Measurement and Payment will be LUMP SUM The authorized generator service technician for the City of Rexburg is Rod Rooney with Rod’s Diesel & Generator 1-208-317-7637. BOLT DOWN MANHOLE Several of the manholes for the new sanitary sewer lines lie within the flood plain zone from the Teton River manhole numbers 6,7,8,9 will be required to be mechanically restrained with metal fasteners to not allow any surcharging water to blow off lid. The cost should be included in the manhole price.

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MANHOLE ADJUSTMENT Materials shall be per Section 502.2.1-2.2. Workmanship shall be per Section 2030.3.1-3.4. Measurement and Payment will be per Section 2030.4.1.A.1. TETON RIVER CROSSING A portion of the new sanitary sewer will need to be constructed under the Teton River as such the City is in the process of obtaining the necessary permits from the Army Corps of Engineers & DEQ. From manhole 8 to 9 the contractor will need to follow all necessary requirements for the river crossing permit. It is anticipated that the river crossing will take place after the necessary permits are obtained and during the dry summer months when this particular portion of the Teton River dry’s up entirely. The contractor will open trench the river bed install new sanitary sewer and restore river bed and surrounding wetlands to preconstruction condition. If the necessary permits have not been received in time for the 2020 construction season, the contractor will plan to complete the river crossing in the 2021 construction season. As a contingency plan the City of Rexburg will consider sending this portion of project out as a separate phase and rebidding the Teton River crossing depending on budget and timing. Measurement and payment will be based on a LUMP SUM. REXBURG CANAL CROSSING A portion of the new sanitary sewer will be constructed under the Rexburg Canal as such the City is in the process of obtaining the necessary permits from the Army Corps of Engineers & DEQ. North of manhole 6 the contractor will need to follow all necessary requirements for the canal crossing permit. It is anticipated that the canal crossing will take place after the necessary permits are obtained and during early march of 2021 when the canal is dry. The contractor will open trench the canal install new sanitary sewer and restore canal to preconstruction condition. Measurement and payment will be based on a LUMP SUM. LAWN & LANDSCAPING REPAIR/REPLACEMENT/RECONSTRUCTION Where lawn and landscaping work is extensive, Special Provision Items have been included to cover such lawn, landscaping and sprinkling system work. This Section applies only to those areas where Special Provision Items have not been included to cover such major lawn and landscaping reconstruction work. Where excavation is required thru existing grassed or landscaped areas the contractor shall make every effort to disturb the area as little as possible. At some locations it is necessary to install new sidewalk and/or driveway and/or curb and gutter or to remove and replace existing sidewalk and/or driveway and/or curb and gutter. The new sidewalk and/or driveway and/or curb and gutter may not be at the same horizontal or vertical location as the old sidewalk and/or driveway and/or curb

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and gutter. Where new or replacement sidewalk and/or driveway and/or curb and gutter does not match the existing adjacent lawn or landscaped area or asphalt surfaces, the Contractor shall meet with the adjacent property owner to discuss how to reslope and restore the lawn or landscaped or asphalt surface area so it fits the new sidewalk and/or driveway and/or curb and gutter. In planting areas, the contractor is to salvage or replace planting area to existing conditions. Areas where lawns are disturbed the contractor is required to place a minimum of 12 inches of topsoil, level, compact and sod the disturbed lawn area. Any labor, materials or construction costs involving incidentals not mentioned (examples include but are not limited to sprinkling systems, exterior or yard lighting relocation, fence relocation or removal, and railing removal and repair) will not be paid for separately and all costs associated therewith shall be included in the cost of other associated Contract Bid Items. INFILTRATOR SYSTEM This bid item to include but not limited to the materials, excavation, and backfill of the complete system installation. Measurement and Payment shall be paid at the Contract unit bid price on an EACH basis. 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

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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. 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 considered incidental to the project . 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

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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 ninety (90) Calendar Days (completion time) for all work for substantial completion from notice to proceed, to complete all work and cleanup involved with this project.

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CDBG Supplemental General Conditions These Supplemental General Conditions are to be part of an Idaho Community Development Block Grant funded construction project. Preconstruction Conference After the contract(s) have been awarded but before the start of construction, a conference will be held for the purpose of discussing requirements on such matters as project supervision, progress schedule and reports, payrolls, payment to contractors, contract change order, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all subcontractors and supervisory personnel connected with the project on hand to meet with representatives of the engineer and owner to discuss any problems anticipated Reports and Information The contractor, at such times and in such forms as the owner may require, shall furnish the owner such periodic reports as requested pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. Conflict of Interest No member, officer, or employees of the grantee, or its designees or agents, no members of the grantee’s governing body and no other public official of the grantee who exercises any functions or responsibilities with respect to this contract during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in work to be performed in connection with this contract. All contractors shall incorporate, or cause to be incorporated, in all subcontracts, a provision prohibiting such interest. Minority Business Enterprise Affirmative steps will be taken to assure that small, minority and female businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following:

1. Include any such qualified firms on solicitation lists. 2. Assure that such firms are solicited whenever they are potential sources. 3. When economically feasible, divide total requirements into small tasks or quantities so as to

permit such firms maximum participation. 4. Where possible, establish delivery schedules which will encourage such participation. 5. Use the services and assistance of the Small Business Administration, Idaho Transportation

Department’s Disadvantage Business Enterprise Program, and other sources when appropriate. (24 CFR Part 85.36(e)(vi))

HUD Section 3 If the CDBG funding for this project exceeds construction contract exceeds $100,000, the parties to this contract will comply with the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the department issued thereunder. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. The contractor will include this Section 3 clause in every subcontract in excess of $100,000 for work in connection with the project. Failure to fulfill these requirements shall subject the contractor and subcontractors, its successors, and assigns to those sanctions specified by the grant agreement through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

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Bonding All bids in excess of $150,000 shall be accompanied by a guarantee equal to at least five percent (5%) of the bid amount. This guarantee may be in the form of a bond, certified check or other negotiable instrument. Bid bonds will be accompanied by power of attorney bearing the same date as the bond. If this contract is for an amount in excess of $150,000, the contractor shall furnish a performance bond in an amount not less than one hundred percent (100%) of the contract price as security for the faithful performance of this contract. The contractor shall also furnish a payment bond in an amount not less than one hundred percent (100%) of the contract price as security for the payment of all persons performing labor under this contract and furnishing materials in connection with this contract. Idaho Code shall govern if this contract is $150,000 or less. Public Works Licensing of Contractors Prior to the award of the contract, bidders shall possess or obtain a license issued in the state of Idaho by the Idaho Public Works Contractors License Board in the class and type specified for the value and scope of work to be done in accordance with the provision of Title 54, Chapter 19, Idaho Code, as amended. Subcontractors undertaking to perform any work covered by the contract must also possess or obtain a license prior to award of the contract. Any construction project with an estimated cost of less than fifty thousand dollars ($50,000) is exempt from the licensing requirement. Standard Environmental Mitigation Measures

1. The construction contractors must comply with the Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01.651, by implementing precautions to prevent particulate matter from becoming airborne.

2. If any items of suspected historical or archaeological value are uncovered during construction, the contractor will be required to stop work and contact the Idaho State Historic Preservation Office and the Idaho Department of Commerce.

3. The collection and disposal of storm and surface water runoff from the project site must comply with the Idaho Department of Environmental Quality’s (DEQ) Catalog of Storm Water Best Management Practices for design of all storm water treatment and disposal systems.

4. The contractor shall comply with the provisions of the Environmental Protection Agency’s National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge from Construction Activities and the Construction Storm Water Pollution Prevention Plan (SWPPP).

5. If during the construction of the project, an underground storage tank, buried drum, other container, contaminated soil, or debris not scheduled for removal under the contract are discovered, the Contractor shall immediately notify the Engineer and the Idaho Department of Commerce. No attempt shall be made to excavate, open, or remove such material without written approval.

Clean Air and Water Act For all contracts and subcontracts exceeding $100,000, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1368 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as amended.

1. Any building, facility or site listed on the EPA List of Violating Facilities as of this contract may not be used in the performance of this contract.

2. The contractor will comply with all the requirements of Section 114 of the Air Act and Section 308 of the Water Act relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Sections 114 and 308 of the respective Acts, and all regulations and guidelines issued thereunder.

3. Prior to signing this contract, the contractor shall notify the grantee of any communication from EPA indicating that a facility to be used in the performance of this contract is under consideration to be listed on the EPA List of Violating Facilities.

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4. The contractor shall include or cause to be included these four (4) provisions in every subcontract in excess of $100,000 and take such action as the government may direct as a means of enforcing such provisions.

Insurance During Construction The contractor shall have in effect without interruption from the date of construction commencement until final payment is made and the Project is closed-out pursuant to the terms of this Contract, the following types of insurance Further, the contractor warrants such insurance coverage shall be written on an "occurrence" basis and will be obtained with the following minimum liability limits:

1. Workers’ Compensation Insurance and Employer's Liability Insurance:

(1) State: Statutory Limits (2) Employer’s Liability: $100,000 per accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee

2. Comprehensive or Commercial General Liability Insurance which shall be endorsed to name the DEPARTMENT as an additional insured. It shall include premises operation, owners and contractors protective liability, products and completed operations liability, personal injury liability including employee acts, broad form property damage liability and blanket contractual liability, with no exclusion for explosion (X), collapse (C) and underground (U) hazards:

(1) $1,000,000 Each Occurrence (2) $1,000,000 Personal Injury (3) $2,000,000 Products/Completed Operations to be maintained for two (2) years following final

payment (4) $2,000,000 General Aggregate

3. Automobile Liability Insurance which shall be endorsed to name the DEPARTMENT as an additional insured. It shall include for bodily injury and property damage: $1,000,000 Combined Single Limit

Property or Builder's Risk Insurance If required by the owner, the contractor shall have in effect Property or Builder’s Risk Insurance. The Property or Builder’s Risk Insurance shall include coverage for all direct physical loss, also known as “Special Causes of Loss” in an amount equal to one-hundred percent (100%) of the estimated maximum value of the Project upon completion with the broadest form of “all risk” coverage possible. Certification of Nonsegregated Facilities For contracts in excess of $10,000, the contractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/she certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, *transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. She/he further agrees that (except where she/he has obtained identical certifications from proposed subcontractors for specific time periods) she/he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal

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VI-4 August 2018

Opportunity Clause; that she/he will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). *Parking lots, drinking fountains, recreation or entertainment areas. Sign Requirements The contractor shall supply, erect and maintain a project sign. The sign shall be located prominently at the project site as directed by the project owner. The sign shall be maintained in good condition and removed six (6) months after the project is completed. The sign shall be identical to the one included in this bidding document in overall appearance and proportion. It is to be on 4’x8’ or 3’x6’ plywood or equivalent material. The sign should be secured into the ground or on a vertical surface. Contract Pricing The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used. This clause overrides all references to the cost-plus method of pricing. Data, Patent, and Copyright The contractor shall hold and save the owner and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the contract, including its use by the owner, unless otherwise specifically stipulated in the contract documents. Access to Records The grantee, the federal grantor agency, the Comptroller General of the United States, the Idaho Department of Commerce, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. All required records must be maintained by the contractor for three (3) years after grantee makes final payments and all other pending matters are closed. (24 CFR Part 85.36(i)(10)) Architectural Barrier Act Any building designed, constructed or altered must be made accessible to persons with disabilities. Exceptions include (1) alterations where access cannot be provided, i.e. roofs, heating systems, water and sewer systems; (2) alterations are not structurally feasible; or (3) where Uniform Federal Accessibility Standards (UFAS) or Americans With Disabilities Act (ADA) requirements cannot be met according to undue hardship criteria. (42 USC 4151 et seq., 24 CFR Part 40 (UFAS), 24 CFR Part 8) Lead Based Paint For all residential new construction or rehabilitation, use of lead based paint on any interior surface, whether accessible or inaccessible, and exterior surfaces readily accessible to children under seven (7) years of age is prohibited. The surfaces of all existing structures must be inspected. If lead based paint is found on any interior surfaces or accessible surfaces, it must be treated and repainted with two (2) coats of nonlead paint; or completely removed; or covered with a suitable material such as gypsum wallboard, plywood or plaster. (42 USC 4801 et seq., 24 CFR Part 35) Davis-Bacon and Related Acts See Federal Labor Standards Provisions HUD Form 4010 within the bidding document. Copeland “Anti-Kickback” Act See Federal Labor Standards Provisions HUD Form 4010 within the bidding document. Contract Work Hours and Safety Standards Act, Sections 103 and 107 See Federal Labor Standards Provisions HUD Form 4010 within the bidding document.

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VI-5 August 2018

Executive Order 11246: Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of

race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the

contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

3. The contractor will send to each labor union or representative of workers with which he has a

collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and

of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or

with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the

provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.

8 The applicant further agrees that it will be bound by the above equal opportunity clause with respect

to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

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9. The applicant agrees that it will assist and cooperate actively with the administering agency and the

Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

10. The applicant further agrees that it will refrain from entering into any contract or contract modification

subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

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VI-7 August 2018

Steps to Comply with Section 3 *This form must be completed by the awarded prime contractor and all of his/her subcontractors with contracted amounts over $100,000 prior to issuing the notice to proceed. (rev 8/2014) From: For: Name of Contractor Name of Project What is Section 3? Under Section 3 of the Housing and Urban Development Act of 1968, whenever HUD financial assistance is given for housing or community development, to the greatest extent feasible, economic opportunities will be given to low income residents and businesses in that area. The project being awarded has Idaho Community Development Block Grant funding which is subject to HUD requirements. *Covered prime contractors and subcontractors are required to show a good faith effort to: A. Provide employment and training opportunities for Section 3 Residents. B. Provide opportunities for Section 3 Businesses for supplies, services, and construction

contracts. Definition of a Section 3 Resident: (1) A low to moderate income person residing in the County in which the CDBG funds are expended. (A low to moderate income person typically has an annual income of less than $29,300 or (2) A public or Indian housing resident or recipient of the Section 8 housing assistance. Definition of a Section 3 Business: A business that meets at least one of the following criteria: (1) Majority (51%) ownership held by Section 3 Residents or (2) at least thirty percent (30%) of the permanent full-time employees are Section 3 Residents or were within the first three years of their employment with the business or (3) more than twenty-five percent (25%) of the business’ work is subcontracted to a business that meets either of the first two criteria. Part I. Affirmative Action Plan for hiring and training Section 3 Residents: A. The total number of new hires I need for this project is _________. B. Activities planned to meet Section 3 hiring objectives (check those applicable):

( ) Recruit through local advertising media (include phrase “equal opportunity employer”). ( ) Recruit by contacting the local housing authority or agency. ( ) Utilize the recruiting services provided by the Idaho Department of Labor. ( ) Utilize the services of local apprenticeship or training programs.

C. The total number of my current employees I intend to use on this project is _______. The number of these who would be considered Section 3 Residents is ______.

D. The total number of trainees or apprentices I intend to use on this project is _________. The number of these trainees or apprentices that would be considered lower income project area residents is _________.

Part II. Affirmative Action Plan for contracting with Section 3 Businesses: A. Activities planned to recruit Section 3 Businesses:

( ) Recruit via Section 3 Business Registry – www.hud.gov/sec3biz “Search for a Business.” ( ) Recruit by submitting sub-contracting bidding opportunities to the Idaho Procurement Technical Assistance Center (PTAC) and the ITD Disadvantage Business Enterprise (DBE) program.

B. I will award ______contracts in connection with these project activities. 1) The total estimated dollar value of these contracts is $______________.

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2) Of these contracts _____ will likely be awarded to Section 3 Businesses. 3) The total estimated dollar value of contracts awarded to Section 3 Businesses is

$____________.

I certify to the greatest extent possible I will hire and train Section 3 Residents and will obtain services, supplies and construction subcontracts from Section 3 Businesses. Signature (Prime Contractor or Subcontractor) Date

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VI-13 August 2018

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"General Decision Number: ID20200056 07/24/2020 Superseded General Decision Number: ID20190056 State: Idaho Construction Type: Heavy HEAVY CONSTRUCTION, Including water and sewer line construction and heavy construction projects on treatment plants and industrial (power plants, manufacturing plants, processing plants, etc.) sites County: Madison County in Idaho. Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 1 01/24/2020 2 07/03/2020 3 07/24/2020 CARP0808-009 06/01/2020

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ADAMS, BEAR LAKE, BINGHAM, BOISE, BUTTE, BONNEVILLE, CAMAS, CARIBOU, CASSIA, CLARK, CUSTER, ELMORE, FRANKLIN, FREMONT, GEM, GOODING, IDAHO (SOUTH OF THE 46TH PARALLEL), JEFFERSON, JEROME, LEMHI, LINCOLN, MADISON, MINIDOKA, ONEIDA, OWYHEE, PAYETTE, POWER, TETON, TWIN FALLS, VALLEY AND WASHINGTON COUNTIES Rates Fringes CARPENTER (Excludes Form Work)...$ 29.91 15.61 ZONE PAY: ZONE 1 0-30 MILES: FREE ZONE 2 MORE THAN 30-60 MILES: $2.00/PER HOUR ZONE 3 MORE THAN 60 MILES: $3.00/PER HOUR If a project is located in more than one zone the lower zone rate shall apply ZONES SHALL BE MEASURED FROM THE THE FOLLOWING U.S. POST OFFICES: BOISE: 304 N. 8TH STREET TWIN FALLS: 253 2ND AVE. WEST POCATELLO: CLARK STREET IDAHO FALLS: 875 NORTH CAPITAL AVE. ---------------------------------------------------------------- * ELEC0449-004 06/01/2020 Rates Fringes ELECTRICIAN......................$ 32.54 15.36 ---------------------------------------------------------------- ENGI0370-032 01/01/2019 Rates Fringes POWER EQUIPMENT OPERATOR: Bulldozer, Scraper (over 80 yds to 100 yds) GROUP 8....................$ 31.27 12.05 Drill (bit 8 in and over), Heavy Duty Mechanic, Scrapers (over 40 yds to 60 yds) GROUP 7....................$ 31.04 12.05

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Drilling (bit under 8in), Oiler, Scraper (up to and including 40 yds) GROUP 6....................$ 30.67 12.05 Roller GROUP 3....................$ 30.02 12.05 Scraper (over 100 yds) GROUP 10...................$ 31.75 12.05 ZONE PAY: Zone 1 0 - 30 miles: free Zone 2 30 - 60 miles: $30.00/per day Zone 3 More than 60 miles: $35.00/per day. If a project is located in more than one zone the lower zone rate shall apply ZONES SHALL BE MEASURED FROM THE THE FOLLOWING U.S. POST OFFICES: BOISE: 304 N. 8TH STREET TWIN FALLS: 253 2ND AVE. WEST POCATELLO: CLARK STREET IDAHO FALLS: 875 NORTH CAPITAL AVE. ---------------------------------------------------------------- IRON0732-003 06/01/2019 Rates Fringes IRONWORKER, STRUCTURAL...........$ 27.15 19.85 ---------------------------------------------------------------- LABO0155-008 01/01/2020 Rates Fringes LABORER Asphalt Including Raker, Shoveler, Spreader, and Distributor Group 3....................$ 28.92 13.42 Flagger Group 1....................$ 28.72 13.42 ---------------------------------------------------------------- SUID2010-049 08/08/2012 Rates Fringes

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CARPENTER (Form Work Only).......$ 25.27 9.10 CEMENT MASON/CONCRETE FINISHER...$ 18.02 0.00 IRONWORKER, REINFORCING..........$ 27.22 16.70 LABORER: Common or General......$ 20.26 10.15 LABORER: Pipelayer..............$ 18.23 3.77 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 21.05 0.00 OPERATOR: Concrete Batch Plant............................$ 24.94 11.96 OPERATOR: Crane.................$ 24.30 8.38 OPERATOR: Forklift..............$ 17.00 0.00 OPERATOR: Grader/Blade..........$ 24.91 8.79 OPERATOR: Loader (Front End)....$ 21.33 6.11 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 21.40 6.59 TRUCK DRIVER: Dump Truck........$ 17.82 0.00 TRUCK DRIVER: Lowboy Truck......$ 21.00 12.10 TRUCK DRIVER: Water Truck.......$ 24.57 11.22 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their

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own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

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Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination

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* a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final.

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================================================================ END OF GENERAL DECISION"

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VI-16 August 2018

Prime Contractor’s Certification Concerning Federal Labor Standards (Davis Bacon)

Local Government Name: ___________________________________________________________________ CDBG Number and Project Name:____________________________________________________________ The undersigned prime contractor, having executed a contract with (Local Government) in the amount$ for the construction of the above-identified project, certifies that:

1. He/she will comply with the Federal Labor Standards Provisions (e.g. Davis-Bacon Act, Copeland Act, Contract Work Hours and Safety Standards Act) and Prevailing Wage Decision(s) are included in the project’s contract documents.

2. All laborers and mechanics employed on the project will be paid according to the

appropriate Prevailing Wage Decision #_______________, MOD#__________________.

3. Corrections of any infractions of the Federal Labor Standards Provisions, including

infractions by any subcontractors and any lower tier subcontractors, is this contractor’s responsibility.

4. Neither this contractor, any subcontractor, nor any affiliates, have been declared

ineligible to participate in federally funded construction projects.

5. Contractor agrees to obtain and forward all Subcontractors’ Certification concerning Federal Labor Standards Provisions and Prevailing Wage requirements to the Local Government or Local Government’s representative within ten (10) days after execution of any subcontract.

Prime Contractor Tax ID Number ___________________________________ Address City, State ZIP DUNS Number Prime Contractor Signature Date

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VI-17 August 2018

Subcontractor’s Certification Concerning Federal Labor Standards (Davis Bacon)

Local Government Name: ____________________________________________________________________ CDBG Number and Project Name:______________________________________________________________ The undersigned subcontractor, having executed a contract with for (Prime Contractor) (Nature of Work) in the amount$ for the above-identified project, certifies that:

1. He/she will comply with the Federal Labor Standards provisions (e.g. Davis-Bacon Act, Copeland Act, Contract Work Hours and Safety Standards Act) and Prevailing Wage Decision(s) as per the project’s contract documents.

2. All laborers and mechanics employed on the project will be paid according to the appropriate Prevailing Wage Decision #_______________, MOD#__________________.

3. Corrections of any infractions of the Federal Labor Standards Provisions, including

infractions by any lower tier subcontractors, is this subcontractor’s responsibility.

4. Neither this subcontractor, nor any affiliates, have been declared ineligible to participate in federally funded construction projects.

5. This subcontractor agrees to forward a Subcontractor’s Certification concerning

Federal Labor Standards provisions and Prevailing Wage requirements to the Prime Contractor within ten (10) days after execution of any subcontract.

Subcontractor Tax ID Number ___________________________________ Address City, State ZIP DUNS Number Subcontractor Signature Date