2021 Wastewater

Improvements

P r o j e c t # W W - 0 5 - 2 1

Project # WW-05-21

TABLE OF CONTENTS

A. Invitation for Bids (White)

B. Instructions to Bidders (White)

C. Proposal Forms (Blue)

a) Proposal

b) Bid Bond

D. Notice of Award (White)

E. Contract Forms (Green)

a) Contract for Construction

b) Payment Bond

c) Performance Bond

F. General Forms (Yellow)

a) Notice to Proceed

b) Change Order

c) Work Change Directive

d) Certificate of Substantial Completion

e) Application for Payment

G. ISWPC Division 100 – Standard General Condition of the Construction Contract (White)

H. Supplementary Conditions (White)

I. Special Provisions (White)

a) Specifications

Project # WW-05-21

INVITATION FOR BIDS Separate sealed bids for the 2021 Wastewater Improvements Project will be received by the City of Rexburg, Idaho. The bids will be received at City Hall, 35 North 1st East Rexburg, ID 83440 until 3:00 P.M. on June 2, 2021. Then at said office publicly opened and read aloud shortly thereafter. The project consists of replacement of small sections of sewer lines throughout the City including restorative surface work, adjusting a manhole to grade, and installing a new manhole on an existing service. 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 Brandy Davis at the above address. They are also available online at http://rexburg.org/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. May 14, 2021 Keith Davidson P.E. to Public Works Director/ City Engineer May 21, 2021 City of Rexburg ^TOP

Project # WW-05-21

INSTRUCTIONS TO BIDDERS 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. COPIES OF CONTRACT DOCUMENTS: Complete sets of CONTRACT DOCUMENTS may be obtained from the City of Rexburg for the fee stated in the Invitation to Bid. Complete sets of CONTRACT 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 CONTRACT DOCUMENTS. The Owner in making copies of the CONTRACT 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. 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 DOCUMENTS 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 bidder’s 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). 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

Project # WW-05-21

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

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. OPENING OF PROPOSALS: The Proposals will be publicly opened and read at the time and place stipulated in the Invitation to Bid. 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. 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.

Project # WW-05-21

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. 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. 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. 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.

Project # WW-05-21

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. DISQUALIFICATION OF BIDDERS: More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such Bidder is interested. If there is reason for believing the collusion exists among the Bidders, all bids will be rejected and none of the participants in such collusion will be considered in future Proposals. 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. 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,

Project # WW-05-21

environmental protection, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects. 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 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. 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. PREVAILING WAGE RATES: None. ENGINEER: The Engineer for this project will be the City of Rexburg, Joel Gray, City Engineer. 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

Project # WW-05-21

PROPOSAL FORMS Proposal

Bid Bond

Project # WW-05-21

PROPOSAL CONTRACT: 2021 WASTEWATER IMPROVEMENTS PROJECT NO.: WW-05-21 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 here within. 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 DOCUMENTS. Preference for Idaho Domiciled Bidders In determining the lowest responsible bidder, the City shall consider the preferences for Idaho domiciled public works Contractors and Idaho suppliers for purchases as provided in Idaho Code Sections 67-2348 and 67-2349, as currently in force and subsequently amended. Whether a Bidder is an Idaho domiciled Bidder or can be considered as an Idaho domiciled Bidder shall be determined in accordance with the definitions set forth in Idaho Code Section 67-2349, as currently in force and subsequently amended.

Project # WW-05-21

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. Bid Item Location Units Bid Amount 166 S 2nd East Sewer Repair (pg 3) LS W 3rd South Sewer Repair (pg 3) LS E 1st South Sewer Repair (pg 4) LS W 1st North Sewer Repair (pg 4) LS S 2nd East Sewer Repair (pg 5) LS Millhollow Rd Sewer Repair (pg 5) LS Yale Ave Sewer Repair (pg 5) LS S 2nd East Sewer Repair (pg 6) LS S 3rd East/Yale Ave Sewer Repair (pg 6) LS N 2nd East Sewer Repair (pg 6) LS

Total Bid

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

Project # WW-05-21

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 forty-five (45) 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, email, and signature of the authorizing Bidder who is submitting this Proposal is: Name: ____________________________________________________________________ Signature: _________________________________________________________________ Email _____________________________________________________________________ Who has an Idaho Public Works Contractors License No. and type of ______________________ and doing business at ____________________________________________________________

(Street) (City) (State and zip code) which is the address to which all communication concerned with this Proposal and with the Contract shall be sent. The Bidder acknowledges receipt of the following Addenda Numbers: _____, _____, _____, _____, _____, _____, _____, _____, _____, _____, Bidder agrees that all addenda issued are hereby made part of the CONTRACT DOCUMENTS

Project # WW-05-21

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) 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 _____________________, 2021 Idaho Contractor’s Registration # ______________ Employer’s Tax ID No. ________________ If Bidder is: An Individual: By: _______________________________ (Printed Individual’s Name) (SEAL) __________________________________ (Signature) doing business as: ______________________________________________________________ Business address: _______________________________________________________________

Project # WW-05-21

Phone No.: ____________________________________ A Partnership: By: _______________________________ (Firm Name) (SEAL) __________________________________ (Signature of General Partner) Business address: _______________________________________________________________ Phone No.: _________________________________

Project # WW-05-21

A Corporation: By: _______________________________ (SEAL) (Corporation Name) __________________________________ (Authorized Signature) (SEAL) __________________________________ (Name & Title of Authorized Signer) _______________________________ (Attest) (CORPORATE SEAL) State of Incorporation: _______________________ Business address: _______________________________________________________________ Phone No.: ___________________ Date of Qualification to do business: __________________ A Joint Venture By: ____________________________ ______________________________

(Name) (Signature) (SEAL) ____________________________________________________________ (Address) ____________________________ ______________________________ (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. 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": _____________________

Project # WW-05-21

Bidder's state of domicile: ________________________ Amount of Bid Preference Penalty: _________________________ A copy of the Bid Preference Penalty Statute of the State in which Bidder is domiciled must be attached hereto. Failure to furnish information as required in section "Preference for Idaho Domiciled Bidders" may result in rejection of Bid. GENERAL INFORMATION Furnish the following information. Failure to comply with this requirement will render the Bid incomplete and may cause its rejection. Attach additional sheets as required. 1. Contractor's name and address (mail and business): _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 2. Contractor's telephone and fax numbers: ( ) ______________, ( ) _____________ 3. Contractor's State License: Primary Classification: ______________________________ State License No.: ________________________________________________________

Supplemental Classification held, if any: ______________________________________ _______________________________________________________________________

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

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

Name: _______________________________ Date of Inspection: _________________ 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

Project # WW-05-21

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 & Corporate Seal Surety’s Name & Corporate Seal By: ___________________________ By: __________________________ Signature & Title Signature & Title

(Attach Power of Attorney) Attest: _________________________ Attest: ________________________

Signature & Title Signature & 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.

Project # WW-05-21

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

Project # WW-05-21

NOTICE OF AWARD DATE: TO: ADDRESS: CONTRACT: 2021 WASTEWATER IMPROVEMENTS PROJECT NO.: WW-05-21 You are notified that your Bid dated ________________, 2021 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. By: __________________________________________________________________ Jerry L. Merrill, Mayor, City of Rexburg ^TOP

Project # WW-05-21

Contract Forms Contract for Construction

Performance Bond

Payment Bond

Project # WW-05-21

CONTRACT FOR CONSTRUCTION CONTRACT: 2021 WASTEWATER IMPROVEMENTS PROJECT NO.: WW-05-21 THIS CONTRACT, made and entered into this _____day of ___________________, 2021, 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 ______________, 2021, 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 forty-five (45) 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 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.

Project # WW-05-21

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. 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.

Project # WW-05-21

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. IN WITNESS WHEREOF, the parties hereto, each herewith subscribes the same this ____ day of _________, 2021. CITY OF REXBURG, IDAHO: CONTRACTOR: __________________________________ __________________________________

Mayor Contractor

Attest:____________________________ __________________________________ City Clerk (Signature)

__________________________________ (Title)

(SEAL) Attest: ___________________________

(Secretary) __________________________________ (Witness)

___________________________________

(Complete business address)

(SEAL)

^TOP

Project # WW-05-21

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.

Project # WW-05-21

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 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. 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

Project # WW-05-21

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:

Project # WW-05-21

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

Project # WW-05-21

General Forms Notice to Proceed

Change Order

Work Change Directive

Certificate of Substantial Completion

Application for Payment

Project # WW-05-21

NOTICE TO PROCEED DATE: TO: ADDRESS: CONTRACT: 2021 WASTEWATER IMPROVEMENTS PROJECT NO.: WW-05-21 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 _______________________. 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 By: _______________________________________________ Mayor Jerry Merrill ^TOP

Project # WW-05-21

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 ___: 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: ___________________

Project # WW-05-21

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

Project # WW-05-21

WORK CHANGE DIRECTIVE 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 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.

Project # WW-05-21

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

Project # WW-05-21

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.

Project # WW-05-21

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 _____________________________________ By: _____________________________________

ENGINEER (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on _____________________ Date ____________________________________ By: _____________________________________

CONTRACTOR (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on _______________________ Date ____________________________________ By: _____________________________________

OWNER (Authorized Signature) ^TOP

Project # WW-05-21

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. _________________________ __________________________________________________________________ DATE 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. _________________________ __________________________________________________________________ DATE CONTRACTOR 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.

Project # WW-05-21

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

Project # WW-05-21

ISWPC DIVISION 100 STANDARD GENERAL CONDITION OF THE CONSTRUCTION CONTRACT https://www.rexburg.org/sites/default/files/fileattachments/public_works/page/10759/2017_edition_ispwc.pdf ^TOP

Project # WW-05-21

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). 5. Drawings 6. General Conditions of the Contract 7. Bonds

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

Project # WW-05-21

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 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

Project # WW-05-21

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 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.

Project # WW-05-21

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.” 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.

Project # WW-05-21

SC 15.2 Add the additional paragraphs after paragraph 15.2.9 of the General Conditions which is to read as follows: 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

Project # WW-05-21

SPECIAL PROVISIONS CONTRACT: 2021 WASTEWATER IMPROVEMENTS PROJECT NO.: WW-05-21 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. Contractor will be required to work with parcel owners to minimize impact to businesses. Contractor will be required to digitally photograph the entire project before construction begins to have an accurate record of the existing conditions of the project. PROJECT DESCRIPTION The project consists of replacement of small sections of sewer lines throughout the City including restorative surface work, adjusting a manhole to grade, and installing a new manhole on an existing service. 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. INSPECTION COORDINATION The Contractor shall notify the appropriate agency when materials are on site or inspection of the work is required. Work subject to approval by any governmental agency must be approved prior to backfilling trenches for pipe, placing of aggregate base, and/or placing of concrete/asphalt. The Contractor shall coordinate with the Owner’s representative so that an authorized representative may be present to observe all meaningful activities. These activities include, but are not limited to:

1. asphalt paving 2. concrete placement 3. soils density testing

Project # WW-05-21

Inspection, approval, and final acceptance of all water construction shall be by the Owner’s authorized representative. Such inspections shall not relieve the Contractor from the responsibility of performing the work in an acceptable manner in accordance with the approved construction plans and specifications. The Contractor shall provide copies of all tests required by the contract. Test results shall be furnished with a certification letter. 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 24 hours prior to when testing and surveying will occur. All unscheduled surveying and testing will be the responsibility of contractor. MATERIAL SOURCES & EXCAVATION All materials such as Granular Borrow, ¾” Aggregate Base, Plant mix Pavement, and Topsoil shall be provided from the Contractor's own source or from a commercial source approved by the City of Rexburg. Compaction requirements (Sections 306.3.3 and 306.3.4) will be Type A-1 for all street locations and proposed street locations, curb and gutter, sidewalks and driveways next to streets. Granular Borrow used for backfill shall meet the requirements of native trench backfill material, Section 306.2.2. Imported backfill shall meet the requirements of Section 801.2.1 and 801.2.2. PLANT MIX PAVEMENT Materials shall be per Section 810.2. Workmanship shall conform to Section 810.3. Submittal for mix design shall be approved prior to plant mix placement.

STORM WATER POLLUTION PREVENTION PLAN (SWPPP)

The Contractor is responsible to apply for and obtain coverage under the National Pollution Discharge Elimination System (NPDES) Construction General Permit (CGP) before any ground disturbing work begins on the project. The Contractor shall present the required SWPP Plan information at the pre-construction conference and be prepared to submit the Notice of Intent (NOI). The Contractor shall provide detailed information about the intended sequence of work (Including the initial site preparation work to install sediment basins, sediment traps, perimeter dikes, silt fencing, etc.), pollution control methods, locations of staging areas, stockpiles, and any other ground disturbing activities. The

Project # WW-05-21

Notice of Intent (NOI) shall be submitted by the contractor for permit coverage for the Owner, Contractor and subcontractors performing ground disturbing work identified in the plan. The Contractor shall submit the NOI’s and prepare the SWPP Plans. The Contractor shall not begin ground disturbing activities until the waiting period after the submittal is over and coverage under the CGP is in force. The contractor shall complete the required weekly and after storm event site inspections and report and document the results. The contractor shall submit the results of the SWPP Plan inspections to the Engineer. The contractor shall coordinate on-site corrective action and SWPPP revisions. The on-site corrective actions shall be completed prior to the next predicted storm event or no later than seven days after inspection. Plan revisions must be accomplished within seven days from the date of the inspection. The Contractor shall post a notice at the site with the NPDES General Permit and copies of the NOI along with the current SWPP Plan. The contractor is responsible for implementing all pollution prevention measures identified in the plan, and for implementing any additional measures needed to remain in compliance with the permit. At completion of the project and all permanent erosion control measures are installed by the contractor, the contractor will submit a Notice of Termination (NOT) for the permits for the Owner, contractor, and subcontractors. MANHOLE ADJUSTMENT Materials shall be per Section 602.2.1-2.2. Workmanship shall be per Section 2030.3.1-3.4. REMOVAL AND INSTALLATION OF CONCRETE CURB, GUTTER AND SIDEWALK/ DRIVEWAY APPROACH As shown on the plans, it is intended that there be at least 12" of Granular Borrow under any new sidewalk, driveway or curb and gutter unless otherwise noted on plans. Individual circumstances at each property will warrant the amount of excavation required to achieve the Granular Base requirements. The granular base depth referred to in this document was established by assuming that poor non-granular soils would be found at all construction areas. The City will only pay for actual amounts of excavation and granular borrow used to achieve minimum base requirements. Miscellaneous surface restoration associated with these bid items to be included under their respective bid item. The section(s) of sidewalk that meets existing concrete or asphalt driveways or parking lots shall be sloped (no greater than 1:12) to make a smooth transition with existing surfaces. Gradually slope (1:12 or less) the last section(s) of any concrete flatwork intersecting existing asphalt or concrete surfaces (driveways, parking areas, etc.). Install expansion joint material at the first joint away from any connection between concrete sidewalk and asphalt pavement.

Project # WW-05-21

SEWER REPAIR This bid item to include all costs involved for the complete working system at that location. This is to include, but not limited to, installing materials, excavation, backfill, adjust manhole to grade, installation of manhole, replacement of sewer line sections, removal of existing section to be replaced, and surface restoration for a complete installation of item to be repaired as detailed in plans. Measurement and Payment shall be paid at the Contract unit bid price on a LUMP SUM basis. SAW CUT ASPHALT OR CONCRETE SURFACE This item shall consist of the Contractor "saw cutting" the existing asphalt or concrete surface at the removal or join lines as shown on the plans or as marked by the Engineer in the field. The saw cut shall be deep enough to go completely through the existing layer(s) of asphalt or concrete surfacing so that there is a smooth, even surface against which the new asphalt surfacing can be adjoined to. This vertical asphalt or concrete surface edge shall be thoroughly covered with liquid asphalt just prior to the time when the new asphalt surfacing is placed against this "join line". If the Contractor cracks, breaks off, rounds off or otherwise damages this vertical join line, it will be the Contractor's responsibility (and cost) to re-saw cut any portions of the saw cut, vertical join lines so damaged. Saw cuts shall be considered incidental and included in the price of the associated bid items.

LANDSCAPE AND SPRINKLER IRRIGATION The Contractor shall repair, to equal or better condition, any landscaping and irrigation system components damaged during construction as an incidental item to the work. Where landscaping and irrigation system repair is required on private property, the Contractor shall obtain a signature from the affected property owner, indicating that all such repairs have been made to the property owner’s satisfaction. The Contractor shall digitally photograph the landscaping prior to beginning work at each meter connection. The Contractor shall also digitally photograph the repaired landscaping at the completion of the Work. The digital photographs of the pre- and post-landscaping shall be supplied to the Owner. The files shall be named with the street name, house number, and date of photo. During the irrigation season, landscape irrigation shall be maintained throughout the excavation area. Landscape irrigation to undisturbed landscaped areas shall not be disrupted for more than 1 day, unless otherwise agreed to in writing by the property owner LAWN & LANDSCAPING REPAIR/REPLACEMENT/RECONSTRUCTION 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 and gutter. Where new or replacement sidewalk and/or driveway and/or curb and

Project # WW-05-21

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 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 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

Project # WW-05-21

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. 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 incidental to the project and shall be included in other project bid items. The contractor shall provide an individual or individuals knowledgeable in traffic control to maintain and monitor required traffic control. Such individual or individuals shall have traffic control as a duty and shall be available as needed to correct any issues until project is complete. Certification by the Idaho Transportation Department (I.T.D.) is advisable. During non-working days and non-work hours, the individual need not be on duty, but shall be available by telephone contact to perform maintenance of traffic control devices as necessary. During non-working days, the individual shall review project traffic control at least once daily and perform any maintenance needed. The Contractor shall keep the businesses/residents within the project area continually advised of his proposed schedule of operations. Vehicular access shall be continuously maintained to all businesses adjacent to this street construction work. The Contractor shall complete the driveway construction work (connecting these businesses/residents to the new street) as rapidly as possible. Driveways shall be constructed in such manner that there is always easy access to these

Project # WW-05-21

businesses. Driveways may have to be constructed on a "1/2 driveway at a time basis" or the Contractor may work out an arrangement with the property owner whereby a driveway can be temporarily relocated with the Contractor providing a separate graveled driveway to the property at said temporary location other than where the existing driveway is located. Temporary graveled driveways to these business properties shall be continuously and conscientiously maintained and shall be delineated with barrels, barricades, signs or other such similar markers to make these driveway accesses easily discernable to and useable by the traveling public. 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 be responsible for notifying all pertinent agencies such as the Police Department, Fire Department, and Sanitation Department, U.S. Post Office, INEEL 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. COMPLETION TIME TABLE There shall be forty-five (45) calendar days from the notice to proceed to substantial completion. All remaining work contemplated in the Proposal and Contract Documents shall be completed and ready for final payment two (2) weeks after substantial completion.