Hwy 103 Waterline - Project Manual - Bidding (3).pdf

SET NO. ______

PROJECT MANUAL

BID SET

CITY OF IDAHO SPRINGS

HIGHWAY 103 WATERLINE

SEPTEMBER 4, 2024

BID SET

CITY OF IDAHO SPRINGS

HIGHWAY 103 WATERLINE

JVA, Inc.

1319 Spruce Street Boulder, CO 80302

JVA Job No. 1000.6e

September 4, 2024

9/4/2024 ii JVA 1000.6e

TABLE OF CONTENTS

CITY OF IDAHO SPRINGS

HIGHWAY 103 WATERLINE REPLACEMENT

Section No. Subject # of Pages

DIVISION 0 – GENERAL CONDITIONS

00010 Advertisement to Bid 1

00100 Invitation to Bid 2

00200 Instructions to Bidders 12

00410 Bid Form 6

00430 Bid Bond 2

00451 Qualification Statement 12

00510 Notice of Award 2

00520 Construction Contract (Stipulated Price) 8

00550 Notice to Proceed 1

00610 Performance Bond 4

00615 Payment Bond 4

00620 Contractor’s Application for Payment 4

00625 Certificate of Substantial Completion 1

00700 Standard General Conditions of the Construction Contract 75

00800 Supplementary Conditions 19

00940 Work Change Directive 1

00941 Change Order 1

00942 Field Order 1

DIVISION 1 – GENERAL REQUIREMENTS

01010 Summary of Work 7

01010A USFS SF-299 Permit 5

9/4/2024 iii JVA 1000.6e

01010B Nationwide Permit No. 58 35

01020 Geotechnical Report 1

01020A Limited Geotechnical Evaluation 70

01035 Modification Procedures 2

01039 Coordination and Meetings 6

01080 Identification Systems 3

01200 Payment Procedures 20

01340 Shop Drawings, Product Data, and Samples 13

01380 Construction Photographs 3

01400 Quality Control 5

01500 Construction Facilities and Temporary Controls 6

01550 Cutting and Patching 5

01600 Materials and Equipment 11

01650 Starting of Systems 2

01700 Contract Closeout 7

01730 Operation and Maintenance Data 6

DIVISION 2 – SITE WORK

02300 Earthwork 24

02300A Colorado Department of Transportation As-Built Standards 18

02370 Erosion and Sedimentation Control 6

02510 Water Distribution System 32

02605 Manholes and Vaults 9

02676 Disinfection of Water Systems 4

02740 Flexible Paving 15

02920 Seeding 8

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to

Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

A. Name: Edward Sigward

B. Address: 1711 Miner St., Idaho Springs, CO 80452

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

F. Required Bidder Qualification Statement with supporting data

G. Bid shall include a preliminary project schedule and discussion on how the schedule could be modified to support early project completion or construction beginning in 2024.

ARTICLE 3—BASIS OF BID—UNIT PRICES

A. Bidder will perform the following Work at the indicated unit prices:

Item

No.

Description Unit Estimated

Quantity

Bid Unit

Price

Bid Amount

1 Mobilization / Demobilization Lump Sum 1 $

2 Construction Surveying N/A 1 $

3 Demolish Existing Asphalt SY 21,130 $

4 Tree Removal Each 40 $

5 Clear and Grub Acres 2 $

6 Export Excess Cut CY 8,100 $

7 Maintenance of Traffic Lump Sum 1 $

8 Road Base Tons 6180 $

11 Asphalt Paving Tons 6180 $

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

12 Painted Striping LF 39,160 $

13 Signage (remove and reset) Each 8 $

14 Water Pipe Installation – 16”

PVC C900 Main from 9 ft bury depth (No Rock)

LF 16300 $

15 Water Pipe Installation – 16”

PVC C900 Main from 9 ft-14ft bury depth (No Rock)

LF 150 $

16 Water Pipe Installation – 16”

PVC C900 Main from 5 ft bury depth (Rock)

LF 6000 $

17 Gate Valve 16” with Box Each 17 $

18 Tee – 16” Each 2 $

19 Bend – 16” (45 degrees or less) with Thrust Block

Each 51 $

20 Fire Hydrant Assembly Each 3 $

21 Connecting to Existing Water

Services, <1-1/2-inch Tap

Each 65 $

22 Connecting to Existing Water

Services, 1-1/2-inch to 2-inch

Tap

Each 5 $

22 Connecting to Existing Water

Services, 4-inch Tap

Each 1 $

24 Connecting to Existing Water

Services, 6-inch Tap

Each 6 $

25 Connecting to Existing Water

Services, 8-inch Tap

Each 4 $

26 Erosion and Sediment Control Lump Sum 1 $

27 Riprap CY 300 $

28 Import Fill CY 6500 $

29 Air Relief Valves Each 3 $

30 Inlet/Outlet Protection Each 29 $

31 Dewatering Lump Sum 1 $

32 Flow Fill CY 320 $

33 Concrete Encasement CY 20 $

34 Temporary Stream Crossing Each 3 $

35 Reinforced Check Dams Each 3 $

36 Trench Stop Each 21 $

37 Intermediate Tie In Each 1 $

38 Green Tank Tie In Each 1 $

39 Vault Tie In Each 1 $

Total of All Unit Price Bid Items $

B. Bidder acknowledges that:

1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover

Contractor’s overhead and profit for each separately identified item, and

2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

3.02 Total Bid Price (Lump Sum and Unit Prices)

Total Bid Price (Total of all Lump Sum and Unit Price Bids) $

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the

Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

5. Bidder has carefully studied the reports and drawings relating to Hazardous

Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical

Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and

(c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract

Times, and in accordance with the other terms and conditions of the Contract.

8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BIDDER hereby submits this Bid as set forth above:

Bidder:

(typed or printed name of organization)

By:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Bidder’s Contractor License No.: (if applicable)

EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

This Agreement is by and between City of Idaho Springs (“Owner”) and [name of contracting entity]

(“Contractor”).

Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary

Conditions.

Owner and Contractor hereby agree as follows:

ARTICLE 1—WORK

1.01 Contractor shall complete all Work as specified and indicated in the Contract Documents. The

Work is generally described as follows: All necessary labor, supervision, equipment, tools and materials for construction of approximately 16,500 feet of 16” C900 PVC waterline. Work includes but is not limited to hydrants, valves, tie-ins, new service line connections, erosion control, earthwork, cutting, patching, and repaving of roads, and all appurtenances as specified and required for a complete and functional system. The work also includes up to four creek crossings under a Nationwide Permit. All materials as indicated on the drawings and the specifications will be provided by the Contractor and must be installed along with the completion of all associated site work related to the new potable water line. The City reserves the right to reduce or increase the scope of the work at the agreed unit prices at any time during the duration of the contract.

ARTICLE 2—THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: The installation of a new 16-inch C900 PVC waterline connecting the Owners water treatment facility to the City. The waterline alignment is approximately parallel to the existing 14-inch waterline.

ARTICLE 3—ENGINEER

3.01 The Owner has retained JVA, Inc (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the

Contract.

3.02 The part of the Project that pertains to the Work has been designed by JVA, Inc.

ARTICLE 4—CONTRACT TIMES

4.01 Time is of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Dates

A. The Work will be substantially complete on or before December 31st 2025, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before January 31st, 2026.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

4.04 Milestones

A. Milestones, if desired by the Owner, will be discussed and agreed prior to Notice of Award.

4.05 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and

Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial

Completion, until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment.

Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive, and will not be imposed concurrently.

B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.

4.06 CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract

Documents, the amounts that follow, subject to adjustment under the Contract:

A. For all Work other than Unit Price Work, a lump sum of $[number].

All specific cash allowances are included in the above price in accordance with

Paragraph 13.02 of the General Conditions.

B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item).

Item

No.

Description Unit Estimated

Quantity

Bid Unit

Price

Bid Amount

1 Mobilization / Demobilization Lump Sum 1 $

2 Construction Surveying N/A 1 $

3 Demolish Existing Asphalt SY 21,130 $

4 Tree Removal Each 40 $

5 Clear and Grub Acres 2 $

6 Export Excess Cut CY 8,100 $

7 Maintenance of Traffic Lump Sum 1 $

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

8 Road Base Tons 6180 $

11 Asphalt Paving Tons 6180 $

12 Painted Striping LF 39,160 $

13 Signage (remove and reset) Each 8 $

14 Water Pipe Installation – 16”

PVC C900 Main from 9 ft bury depth (No Rock)

LF 16300 $

15 Water Pipe Installation – 16”

PVC C900 Main from 9 ft-14ft bury depth (No Rock)

LF 150 $

16 Water Pipe Installation – 16”

PVC C900 Main from 5 ft bury depth (Rock)

LF 6000 $

17 Gate Valve 16” with Box Each 17 $

18 Tee – 16” Each 2 $

19 Bend – 16” (45 degrees or less) with Thrust Block

Each 51 $

20 Fire Hydrant Assembly Each 3 $

21 Connecting to Existing Water

Services, <1-1/2-inch Tap

Each 65 $

22 Connecting to Existing Water

Services, 1-1/2-inch to 2-inch

Tap

Each 5 $

22 Connecting to Existing Water

Services, 4-inch Tap

Each 1 $

24 Connecting to Existing Water

Services, 6-inch Tap

Each 6 $

25 Connecting to Existing Water

Services, 8-inch Tap

Each 4 $

26 Erosion and Sediment Control Lump Sum 1 $

27 Riprap CY 300 $

28 Import Fill CY 6500 $

29 Air Relief Valves Each 3 $

30 Inlet/Outlet Protection Each 29 $

31 Dewatering Lump Sum 1 $

32 Flow Fill CY 320 $

33 Concrete Encasement CY 20 $

34 Temporary Stream Crossing Each 3 $

35 Reinforced Check Dams Each 3 $

36 Trench Stop Each 21 $

37 Intermediate Tie In Each 1 $

38 Green Tank Tie In Each 1 $

39 Vault Tie In Each 1 $

Total of All Unit Price Bid Items $

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment)

$[number].

D. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 5—PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General

Conditions. Applications for Payment will be processed by Engineer as provided in the General

Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the second Thursday of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner (on or about the first Monday of each month) and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.

a. 95% percent of the value of the Work completed (with the balance being retainage).

b. 95% percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95% percent of the Work completed, less such amounts set off by

Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200% percent of

Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.03 Final Payment

A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the

Contract Price in accordance with Paragraph 15.06 of the General Conditions.

6.04 Consent of Surety

A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.

6.05 Interest

A. All amounts not paid when due will bear interest at the rate of 2% percent per annum.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 6—CONTRACT DOCUMENTS

7.01 Contents

A. The Contract Documents consist of all of the following:

1. This Agreement.

2. Bonds:

a. Performance bond (together with power of attorney).

b. Payment bond (together with power of attorney).

3. General Conditions.

4. Supplementary Conditions.

5. Specifications as listed in the table of contents of the project manual (copy of list attached).

6. Drawings (not attached but incorporated by reference) consisting of 40 sheets with each sheet bearing the following general title: City of Idaho Springs HWY 103 Waterline

Replacement.

8. Addenda (numbers [number] to [number], inclusive).

9. The following which may be delivered or issued on or after the Effective Date of the

Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

e. Warranty Bond, if any.

B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 7.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.

ARTICLE 7—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS

8.01 Contractor’s Representations

A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:

1. Contractor has examined and carefully studied the Contract Documents, including

Addenda.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the

Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Contractor has carefully studied the reports and drawings relating to Hazardous

Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical

Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the

Contract.

8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. Contractor’s entry into this Contract constitutes an incontrovertible representation by

Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

8.02 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this

Paragraph 8.02:

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner,

(b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive

Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

8.03 Standard General Conditions

A. Owner stipulates that if the General Conditions that are made a part of this Contract are

EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on [indicate date on which Contract becomes effective] (which is the

Effective Date of the Contract).

Owner: Contractor:

(typed or printed name of organization) (typed or printed name of organization)

By: By:

(individual’s signature) (individual’s signature)

Date: Date:

(date signed) (date signed)

Name: Name:

(typed or printed) (typed or printed)

Title: Title:

(typed or printed) (typed or printed)

(If [Type of Entity] is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

(individual’s signature) (individual’s signature)

Title: Title:

Address for giving notices: Address for giving notices:

Designated Representative: Designated Representative:

Name: Name:

(typed or printed) (typed or printed)

Title: Title:

Address: Address:

Phone: Phone:

Email: Email:

(If [Type of Entity] is a corporation, attach evidence of authority to sign. If [Type of Entity] is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this

Agreement.)

License No.:

(where applicable)

State:

Contractor's Application for Payment Owner: City of Idaho Springs Owner's Project No.: 1000.6e Engineer: JVA, Inc Engineer's Project No.: 1000.6e Contractor: Contractor's Project No.:

Project: Highway 103 Waterline Contract: City of Idaho Springs - Highway 103 Waterline Application No.: Application Date:

Application Period: From to

1. Original Contract Price $ -

2. Net change by Change Orders $ -

3. Current Contract Price (Line 1 + Line 2) $ -

4. Total Work completed and materials stored to date

(Sum of Column G Lump Sum Total and Column J Unit Price Total) $ -

5. Retainage

a. X $ - Work Completed $ -

b. X $ - Stored Materials $ -

c. Total Retainage (Line 5.a + Line 5.b) $ -

6. Amount eligible to date (Line 4 - Line 5.c) $ -

7. Less previous payments (Line 6 from prior application)

8. Amount due this application $ -

9. Balance to finish, including retainage (Line 3 - Line 4) $ -

Contractor's Certification The undersigned Contractor certifies, to the best of its knowledge, the following:

(1) All previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment;

(2) Title to 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 liens, security interest, or encumbrances); and

(3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.

Contractor:

Signature: Date:

Recommended by Engineer Approved by Owner

By: By:

Title: Title:

Date: Date:

Approved by Funding Agency

By: By:

Title: Title:

Date: Date:

EJCDC C-620 Contractor's Application for Payment

(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.

Progress Estimate - Unit Price Work Contractor's Application for Payment

Engineer: JVA, Inc Engineer's Project No.: 1000.6e Contractor: Contractor's Project No.:

Project: Highway 103 Waterline Contract: City of Idaho Springs - Highway 103 Waterline

Application No.: Application Period: From to Application Date:

A B C D E F G H I J K L

Bid Item No. Description

Contract Information Work Completed

Materials Currently Stored (not in G)

Work Completed and Materials Stored to Date

(H + I)

% of Value of

Item (J / F)

Balance to Finish (F

- J) ($)Item Quantity Units

Unit Price

Value of Bid Item (C X E)

Estimated Quantity

Incorporated in the Work

Value of Work Completed to Date

(E X G)

Original Contract

Original Contract Totals $ - $ - $ - $ - $ -

Unit Price

(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 2 of 4

Change Orders

Change Order Totals $ - $ - $ - $ - $ -

Original Contract and Change Orders Project Totals $ - $ - $ - $ - $ -

Progress Estimate - Unit Price Work Contractor's Application for Payment Owner: City of Idaho Springs Owner's Project No.: 1000.6e Engineer: JVA, Inc Engineer's Project No.: 1000.6e Contractor: Contractor's Project No.:

Project: Highway 103 Waterline Contract: City of Idaho Springs - Highway 103 Waterline

Application No.: Application Period: From to Application Date:

A B C D E F G H I J K L

Bid Item No. Description

Contract Information Work Completed

Materials Currently Stored (not in G)

Work Completed and Materials Stored to Date

(H + I)

% of Value of

Item (J / F)

Balance to Finish (F

- J) ($)Item Quantity Units

Unit Price

Value of Bid Item (C X E)

Estimated Quantity

Incorporated in the Work

Value of Work Completed to Date

(E X G)

Unit Price

(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 3 of 4

Stored Materials Summary Contractor's Application for Payment

Engineer: JVA, Inc Engineer's Project No.: 1000.6e Contractor: Contractor's Project No.:

Project: Highway 103 Waterline Contract: City of Idaho Springs - Highway 103 Waterline

Application No.: Application Period: From to Application Date:

A B C D E F G H I J K L M

Item No.

(Lump Sum Tab) or

Bid Item No.

(Unit Price Tab)

Supplier Invoice No.

Submittal No.

(with

Specification Section No.)

Description of Materials or Equipment Stored Storage Location

Application No. When Materials Placed in Storage

Materials Stored Incorporated in Work Materials

Remaining in Storage

(I-L)

Previous Amount Stored

Amount Stored this Period

Amount Stored to Date (G+H)

Amount Previously Incorporated in the

Work

Amount Incorporated in the

Work this Period

Total Amount Incorporated in the

Work (J+K)

Totals $ - $ - $ - $ - $ - $ - $ -

Stored Materials

(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 4 of 4

SECTION 01010A – USFS SF-299 PERMIT

Auth ID: CLC530 Contact Name: CITY OF IDAHO SPRINGS Use Code: 914

FS-2700-23 (09/2020)

OMB No. 0596-0082

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

AMENDMENT FOR

SPECIAL USE AUTHORIZATION

NUMBER 1

This amendment is attached to and made a part of special use authorization for water transmission line, CLC530, issued to CITY OF IDAHO SPRINGS on 06/20/2011, which is hereby amended as follows:

Construction, use and operation of a new 16-inch diameter C900 PVC pipe that will replace the existing 14-inch pipe as the primary water pipeline along the same Hwy 103 Right of Way as shown in Exhibit A. Construction Stipulations, described as Exhibit C, is attached hereto and made a part hereof. Updated mandatory use clauses added.

A. Drinking Water Systems (B-38).

The holder, as the water supplier and owner or operator of the drinking water system for the facilities authorized by this permit, is responsible for compliance with all applicable federal, state, and local drinking water laws and regulations governing operation and maintenance of a public drinking water system, including but not limited to developing, operating, and maintaining the system and conducting drinking water testing and taking appropriate corrective and follow-up actions in accordance with federal, state, and any other applicable requirements. For purposes of this permit, public water systems are defined in accordance with the Safe Drinking Water Act, as amended Title 42 United States Code, section 300f et seq.., and the National Primary Drinking Water Regulations, Title 40 Code of Federal Regulations, Part 141- National Primary Drinking Water Regulations (40 CFR part 141), or state regulations, if more stringent. The holder shall retain all drinking water system records as required by applicable laws and regulations. The holder agrees to make the records available to the Forest Service and to any other regulatory agency authorized to review Forest Service activities.

B. Water Facilities and Water Rights (D-25).

This permit does not confer any water rights on the holder. Any necessary water rights must be acquired by the holder in accordance with State law. Any expenses for acquiring water rights shall be the responsibility of the holder. The United States reserves the right to place any conditions on installation, operation, maintenance, and removal of facilities to pump, divert, store, or convey water on National Forest System lands covered by this permit that are necessary to protect public property, public safety, and natural resources on National Forest System lands in compliance with applicable law. The holder waives any claims against the United States for compensation in connection with imposition of any conditions on installation, operation, maintenance, and removal of water facilities under this permit.

C. Disputes (X-96).

DISPUTES. Appeal of any provisions of this authorization or any requirements thereof shall be subject to the appeal regulations at 36 CFR Part 214, or revisions thereto.

This Amendment is accepted subject to all its terms, including any attachments.

CHARLES HARMON, MAYOR

City of Idaho Springs

JASON SIEG

Forest Supervisor Arapaho and Roosevelt National Forest and Pawnee National Grassland

Date Date

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond, to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0082. Response to this collection of information is mandatory. The authority to collect the information is the Organic Administration Act, 16 U.S.C. 551. The time required to complete this information collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible agency or USDA's TARGET Center at (202) 720-2600 (voice and TYY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service.

mailto:program.intake@usda.gov

Clear Creek Ranger District

Clear Creek Ranger District

Boulder Ranger District

Boulder Ranger District

Pike and San Isabel National Forests

White River National Forest

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Area of Potential Effect (APE) Extent

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National Forest System Land

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Document Path: T:\FS\NFS\ArapahoRoosevelt\Project\SO\1900NatlResourcePlng\SmallProjectsDay\ClearCreek\FY24\FY24_Q3\APRX\Q3_ProWorking\Q3_ProWorking.aprx

Vicinity Map

1:1,000,0001:1,000,000

1:20,500

0 0.5 1 Miles dmuise 4/11/2024

±The USDA Forest Service makes no warranty, expressed or implied regarding the data displayed on this map, and reserves the right to correct, update, modify, or replace this information without notification.

Disclaimer

Sections 2-4, 9, T. 4 S, R. 73 W Clear Creek County, Colorado

Arapaho and Roosevelt National Forests Clear Creek Ranger District

Idaho Springs Waterline Hwy 103 Location Map - Exhibit A

Exhibit C Construction Stipulations CLC530 Amend #1

City of Idaho Springs Hwy 103 Waterline Arapaho National Forest – Clear Creek Ranger District

The following criteria must be followed during construction and installation of the City of Idaho Springs’ waterline located on National Forest System (NFS) lands.

Construction Stipulations:

1. Best Management Practices (BMP’s) shall be implemented and addressed in construction plans, Storm Water Management Plans (SWMP’s), Weed Management Plan or other pollution control plans.

Plans shall be provided to the Forest Service for review prior to commencement of work.

2. All staging areas and construction sites must be rehabilitated to the satisfaction of the authorized officer upon completion of project. That may include de-compaction and reseeding with a native seed mix approved or provided by the Forest Service. Any reseeding shall occur in the fall.

3. No additional construction, structures, or ground disturbance is allowed without prior Forest Service authorization.

4. If prior to or during the excavation work, items of archaeological, paleontological, or historic value are reported or discovered or an unknown deposited or such items is disturbed City of Idaho Springs will immediately cease excavation in the area so affected and notify the Forest Service.

5. Work should occur during daylight hours only and trees should be surveyed by contractors before cutting. Contractors should look for obvious cavities and other wildlife sign in the trees they plan to cut and if none are present cutting can be completed outside the May 1th – August 10th timeframe. If cavities are found, call biologist for technical survey.

6. Erosion control products must be made from 100% biodegradable non-plastic and non-agricultural straw materials that do not contain netting, or netting is non-plastic and loose-weave which is not fused or knotted at the intersections of the weave. Erosion control blankets and wattles shall be manufactured of wood fiber, jute, or coconut (coir) fiber. Other products without welded weaves may be viable alternatives. Erosion control products will be approved by the USFS prior to purchase. Erosion and sediment control plan must include measures for prompt but appropriate removal of erosion control/sediment products.

7. The City of Idaho Springs shall be responsible for the prevention and control of noxious weeds and/or exotic plants of concern on the authorized area. Noxious weeds and exotic plants of concern are defined as those species recognized as the State of Colorado List A, B or C species.

8. Equipment must be power washed to remove soil and other debris prior to location on National Forest System lands in order to prevent noxious weed infestation. Equipment will be considered free of soil and other debris when a visual inspection does not disclose such material. The Forest Service shall be given an opportunity to inspect equipment prior to entering National Forest System land, including trailers transferring from other sites. Notice shall be given to Nicole Malandri a minimum of 72 hours (not including weekends or holidays) at 303-567-3011. This requirement also applies to boots, clothing, backpacks, and other items being worn or transported to the work site by work crews.

9. Heavy equipment may not be operated on Forest Service lands when conditions are wet enough to cause rutting. Any ruts or damaged shall be repaired.

10. No hazardous materials may be stored on National Forest System lands without prior written approval from the authorized officer.

11. Any fuel storage on site authorized by the Forest Service must be stored on a spill container.

Fuel storage and refueling shall occur on a dry upland site away from surface water. Spill clean-up kits shall be available on site.

12. In the event of any discharge of oil or hazardous materials, immediately notify all appropriate response authorities. Clean up or otherwise remediate any release or discharge of hazardous materials that occurs will be to the satisfaction of the authorized officer and at no expense to the United States.

Accepted by:

Charles Harmon, Mayor City of Idaho Springs Date

Approval:

JASON SIEG Date Forest Supervisor Arapaho and Roosevelt National Forests and Pawnee National Grassland

SECTION 01010B – NATIONWIDE PERMIT NO. 58

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, OMAHA DISTRICT

DENVER REGULATORY OFFICE

9307 SOUTH WADSWORTH BLVD

LITTLETON, CO 80128-6901

May 16, 2024

SUBJECT: Nationwide Permit Verification; NWO-2024-00264-DEN, Highway 103 Waterline Replacement, Idaho Springs, Colorado

Edward Sigward City of Idaho Springs 1711 Miner Street Idaho Springs, Colorado 80452

Dear Edward Sigward, This letter is in response to your April 2, 2024, Pre-construction Notification (PCN), requesting Department of the Army (DA) Nationwide Permit (NWP) verification for the above-referenced project. The project site is located at approximate latitude 39.727711°N, longitude 105.545714°W, Idaho Springs, Clear Creek County, Colorado.

For the above referenced project, you propose installation of a new 16-inch C900 PVC distribution line along four separate crossings of Chicago Creek, resulting in temporary impacts to approximately 0.27 acre of stream bed and abutting wetlands.

The U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged and fill material into waters of the United States under Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). The Corps’ regulations are published in the Code of Federal Regulations at 33 CFR parts 320 through 332. NWPs are defined in the Federal Register published on December 27, 2021 (86 FR 73522) and January 13, 2021 (86 FR 2744).

Based on a review of the information you furnished and available to us, we have determined the above referenced work requires DA authorization under Section 404 of the CWA.

Based upon the information you provided, we hereby verify that the work described above, which would be performed in accordance with the plans you provided is authorized by NWP 58 – Utility Line Activities for Water and Other Substances. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. This NWP and associated Regional and General Conditions are enclosed and can be accessed on our website at:

https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Colorado. Failure to comply with the General and Regional Conditions of this NWP, or the project-specific special conditions of this authorization, may result in the suspension or revocation of your authorization, and you may be subject to appropriate enforcement action. You shall comply with all terms and conditions associated with this NWP.

Unless this NWP is suspended, modified, or revoked, they are valid until March 14, 2026. It is incumbent upon you to remain informed of changes to this NWP. We will issue https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Colorado a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization as per 33 CFR 330.6(b).