01 General Requirements.pdf
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- Attached to
- Poc903130C - Nutrient Reduction Wetland Project
- Solicitation number
- 24-01
- Issued by
- Pocahontas County, Iowa
About this file
This document is a Notice to Bidders for a construction contract for the POC903130C Nutrient Reduction Wetland Project in Pocahontas County, Iowa. The work involves selective clearing, excavation, grading, tile and outlet structures, articulating concrete block, riprap placement, and seeding. The project includes approximately 24,285 cubic yards of earthwork, 2,502 linear feet of tile installation, 3,865 feet of tile removal, 2,000 square feet of articulating concrete block, 1 Agri-Drain Water Control Structure, and other related items. The estimated construction cost range is $400,000 to $450,000. Bids are due by 3:00 PM on April 10, 2024, and the bid opening will be held at 3:15 PM the same day. A pre-bid conference will be held on March 19, 2024, and the construction must be completed by November 1, 2024, except for buffer seeding, which must be completed by December 15, 2024. The Notice to Bidders provides details on obtaining the bid documents, bidding requirements, and the evaluation and award process.
The Notice to Bidders indicates that the successful bidder must provide a Performance Bond equal to 100% of the contract price. Bidders must be registered with the Iowa Division of Labor. The contract will be awarded to the lowest responsible bidder as determined by the Division of Soil Conservation and Water Quality. Pricing terms, set-asides, and funding sources are not discussed in the document.
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STATE OF IOWA
DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
DIVISION OF SOIL CONSERVATION AND WATER QUALITY
Poc903130C NUTRIENT REDUCTION
WETLAND PROJECT
CONSTRUCTION CONTRACT
BID NO. 24-01
SECTION 30, TOWNSHIP 90 NORTH, RANGE 31 WEST
POCAHONTAS COUNTY, IOWA
PREPARED FOR: IOWA DEPARTMENT OF AGRICULTURE & LAND STEWARDSHIP
DIVISION OF SOIL CONSERVATION AND WATER QUALITY
WALLACE STATE OFFICE BUILDING
502 EAST 9TH STREET
DES MOINES, IOWA 50319
515-281-4246
PREPARED BY: DUCKS UNLIMITED
209 EUGENE ST
RADCLIFFE, IA 50230
832-704-3286
March 2023 i
TABLE OF CONTENTS
GENERAL REQUIREMENTS Page(s) DOCUMENT AA Notice-to-Bidders AA 1 DOCUMENT BB Instruction–to-Bidders BB 1-5 DOCUMENT CC Proposal and Schedule of Prices CC 1-5 DOCUMENT DD Construction Contract DD 1-2 DOCUMENT EE Proposal Guarantee (Bid Bond) EE 1 DOCUMENT FF General Conditions FF 1-27 DOCUMENT GG Special Conditions GG 1-3 DOCUMENT NN Performance Bond NN 1-3
CONSTRUCTION SPECIFICATIONS
CS-08 8-1 to 8-3
IA-01 1-1 to 1-3 IA-05 5-1 to 5-3 IA-06 6-1 to 6-4
IA-09 9-1 to 9-5 IA-21 21-1 to 21-4 IA-23 23-1 to 23-5 IA-26 26-1 to 26-2 IA-31 31-1 to 31-7 IA-46 46-1 to 46-4 IA-51 51-1 to 51-6 IA-61 61-1 to 61-4
IA-95
Site Preparation Pollution Control Seeding and Mulching for Protective Cover
Drain Tile Investigation and Removal Excavation Earthfill Topsoiling Concrete Tile Drains for Land Drainage Corrugated Metal Pipe Conduits Loose Rock Riprap Geotextile 95-1 to 95-5
PLANS
Cover Sheet 001 Specifications, Quantities, & Notes 002 Topography ^ Existing Conditions 051 Site Plan 101 Structure, Inlet, Berm, & Riprap Plan 201 Structure, Berm, & Wetland Profiles 202 Clay Core & 10-inch Tile Profiles & Riprap Toe 203 Water Control Structure Plan 204 Tile Plan 205 Water Control Structure Details 301 CMP WCS Details 302 Agri Drain WCS Details 303 Articulating Concrete Block Details 304 Seeding Plan 401 ii
APPENDIX I – ADDENDA & BID TAB *(ADDED AFTER BIDDING)
Addenda, if applicable * Pre-Bid Meeting Minutes * Pre-Bid Meeting Attendance List * Updated Plan Holders List * Bid Tab *
APPENDIX II – CONSTRUCTION ADMINISTRATION FORMS
DOCUMENT LL Notice-of-Award LL 1 DOCUMENT MM Notice-to-Proceed MM 1 DOCUMENT JJ Construction Progress Schedule JJ 1-2 DOCUMENT SS Application & Certificate for Payment SS 1-2 DOCUMENT HH Change Order Request HH 1-2 DOCUMENT II Construction Contract Amendment II 1-3 DOCUMENT QQ Iowa Sales & Use Tax Form QQ 1
APPENDIX I I –
GENERAL REQUIREMENTS
Poc903130C Nutrient Reduction Wetland Project DOCUMENT AA Bid No. 24-01 NOTICE-TO-BIDDERS
AA
NOTICE-TO-BIDDERS
Poc903130C Nutrient Reduction Wetland Project Section 30, Township 90 North, Range 31 West
Pocahontas County, Iowa
Sealed bids will be received by the Iowa Department of Agriculture & Land Stewardship, Division of Soil Conservation and Water Quality (Division), Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319, until 3:00 PM local time, on Poc903130C, April 10, 2024.
The bid opening, open to the public, will be held in the Wallace Building at 3:15 PM local time, on Poc903130C, April 10, 2024, when bids will be read aloud. Interested parties may call in to hear the bid opening using teleconference call-in number:
1-877-304-9269 access code 519321. Bids must be submitted on the appropriate bid forms provided and shall include a bid bond in the amount of ten percent (10%). Bidders must also be registered with the Iowa Division of Labor.
In general, the work involves, but is not limited to, selective clearing, excavation, grading, tile and outlet structures,a iculating concrete block, riprap placement stabilizing slope, and seeding. This project includes around 24,285 cubic yards of earthwork, 2,502 linear feet of various tile installation, 3,865 feet of tile removal, 2,000 square feet of articulating concret block, 1 Agri-Drain Water Control Structure, 1 aluminum inlet riser, 560 tons of riprap along with 70 tons of gravel, 1,900 linear feet of silt fence, and 8.0 acres of seeding. The estimated construction cost range for this project is $400,000 to $450,000.
A pre-bid conference will be held at 10:00 AM, on March 19, 2024 at the Manson Public Library, 1312 10th Ave, Manson 50563, telephone: 712-469-3986. Attendance at the pre-bid conference by prospective bidders is not mandatory but is encouraged.
The Plans and Construction Specifications governing the construction of the proposed improvements have been prepared by Andrew Schippers, P.E., Ducks Unlimited, and are hereby made a part of this notice by reference and the proposed contract shall be executed in compliance therewith. Copies of the Contract Documents, including Plans, Construction Specifications, and Bid Package, are only available through the website link - https://iowaagriculture.gov/dscwq/requests-proposals. In order to be included on the plan holders list, which is required to be able to receive meeting minutes, addenda and an updated plan holders list, interested parties must make a written or verbal request to the Division by telephone: 515-344-6279, or by e-mail:
tracy.bruun@iowaagriculture.gov. Bidders who attend and sign-in to the pre-bid conference will be added to the plan holders list. A printed copy of plans and construction specifications can be viewed by appointment by contacting Tracy Bruun, Division (tracy.Bruun@iowaagriculture.gov, or (515) 344-6279. Printed copies of specifications and plans will be provided to the successful bidder.
The successful bidder shall be required to furnish a Performance/Payment Bond in an amount equal to one hundred percent (100%) of the contract price.
Questions concerning the Plans and Construction Specifications should be in writing and addressed to Andrew Schippers, P.E., aschippers@ducks.org, and must copy Tracy Bruun, Division, tracy.bruun@iowaagriculture.gov. All other questions concerning other Contract Documents should be addressed to Tracy Bruun, Division, tracy.bruun@iowaagriculture.gov or 515- 344-6279. To be considered in a final addendum, written questions must be received by 3:00 PM on March 26, 2024.
The Division reserves the right to reject any or all proposals and to waive technicalities and irregularities.
END OF DOCUMENT AA
Poc903130C Nutrient Reduction Wetland Project DOCUMENT AA Bid No. 24-01 NOTICE-TO-BIDDERS
AA
Poc903130C Nutrient Reduction Wetland Project DOCUMENT BB Bid No. 24-01 INSTRUCTIONS TO BIDDERS
BB-1
INSTRUCTIONS TO BIDDERS
01 BIDDER'S KNOWLEDGE & PRE-BID CONFERENCE BB-1
02 BIDDER'S QUALIFICATIONS BB-1
03 OBTAINING BID DOCUMENTS BB-2
04 METHOD OF BIDDING BB-2
05 SUBMISSION OF BIDS BB-2
06 BID SECURITY BB-3
07 WITHDRAWAL OF BIDS BB-3
08 EVALUATION OF BIDS AND AWARD OF CONTRACT BB-3
09 TAXES BB-3
10 EXECUTION OF CONTRACT BB-3
11 QUANTITIES BB-4
12 QUESTIONS AND ADDENDA BB-4
13 PRECONSTRUCTION CONFERENCE BB-4
14 SUMMARY OF BID SUBMITTAL REQUIREMENTS BB-5
01 BIDDER'S KNOWLEDGE & PRE-BID CONFERENCE
The proposed project is located as specified in the Notice-to-Bidders (Document AA). Bidders shall familiarize themselves with the Contract Documents and conditions that will affect the construction. Specific items relating to the preparation of bids and the submission thereof are listed elsewhere in the Contract Documents. It will be the responsibility of the bidder to examine all Contract Documents and to make a personal examination of the job site and the physical conditions that may affect bidding and performance under the Contract.
A pre-bid conference will be held at the location, date and time as set forth in the Notice-to-Bidders. Attendance at the pre-bid conference by prospective bidders is not mandatory but is encouraged.
02 BIDDER'S QUALIFICATIONS
To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within ten (10) days of Division of Soil Conservation and Water Quality (Division) request, written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below.
Contractors are required to be registered with the Iowa Division of Labor.
Bidder must verify the number of years engaged in the contracting business under the present firm name, and the name of the state where incorporated.
A Bidder must show ownership of twenty percent (20%) of their own equipment and list equipment that will be rented or subcontracted by the Bidder to evaluate if the Bidder can complete the Work in accordance with the Bidding Documents.
Bidder must provide performance record giving the description, location, and telephone numbers of similar projects constructed in a satisfactory manner by the Bidder.
Bidder must submit a list of projects presently under contract, the approximate contract amount, and percent of completion of each.
Bidder must demonstrate satisfactory performance on previous and present contracts similar in scope to the subject of this project.
Bidder must provide a list of contracts which resulted in lawsuits, contracts defaulted, and a statement of the Bidder indicating whether or not the Bidder has ever filed bankruptcy.
BB-2
Bidder must provide the technical experience of personnel guaranteed to be employed in the responsible charge of the Work stating whether the personnel have or have not performed satisfactorily on other contracts of like nature and magnitude or comparable difficulty at similar rate of progress.
Bidder must provide such additional information as will assist the Division in determining whether the Bidder is adequately prepared to fulfill the contract.
If the successful bidder is a non-Iowa corporation, the bidder shall submit proof to the Division, prior to the execution of the contract, of authorization by the Secretary of State to do business in Iowa.
03 OBTAINING BID DOCUMENTS
An electronic copy of all of the bidding documents for this project has been posted to the Iowa Department of Agriculture and Land Stewardship website: https://iowaagriculture.gov/dscwq/requests-proposals. These include Document AA – Notice to Bidders, Document BB – Instruction to Bidders, Document CC – Proposal and Schedule of Prices, Document DD – Construction Contract, Document EE – Proposal Guarantee (Bid Bond), Document FF – General Conditions, Document GG – Special Conditions, Document NN – Performance Bond. The website also contains the Construction Specifications and the Construction Plans developed by the engineer. The documents on this website can be viewed or printed by those interested in the project.
The Division will maintain an updated plan holders list for this project. In order to be added to the plan holders list, the interested party must contact the Division by phone, fax, letter, or e-mail. Bidders who attend and sign-in to the pre-bid conference will be added to the plan holders list. Viewing the documents on-line does not automatically add you to the plan holders list. Those listed as a plan holder will receive meeting minutes, any and all addenda and an updated plan holders list.
The website will NOT be updated with the meeting minutes, plan holders list, and any addenda. These documents must be received directly from the Division.
04 METHOD OF BIDDING
Bidders shall submit unit price bids as required for the work items covered by the Bid Documents. Failure to submit unit prices as required shall result in disqualification of the bid. Prices shall cover complete work and include all costs incidental thereto, unless otherwise indicated.
The Division may change location, quantities, and combination of units as required during the progress of construction. If work is added to the Contract that is not covered by a bid price set forth in the Proposal and Schedule of Prices (Document CC), a Change Order or Contract Amendment as necessary, including the negotiated cost for said work, will be issued by the Division prior to the work being performed.
Bids will be compared using quantities shown in the proposal. The quantities of work so shown represent the Engineer’s estimate of work to be completed as shown on the plans and measured in accordance with provisions in this Contract defining the method to be used in measuring such quantities. The Contractor's compensation will be computed on the basis of final quantities of completed work. Where a lump sum is shown on the proposal as a unit bid price for a specified work item, the Contractor will be paid that amount for the completed and accepted work.
In the event of discrepancies between unit prices and unit price extensions listed in bidder's proposal, unit prices shall govern.
05 SUBMISSION OF BIDS
Bids may be mailed, or hand delivered to the Wallace State Office Building, 502 East 9th Street, DSCWQ-Water Resources Bureau, Des Moines, Iowa, 50319-0050. At this time visitors are allowed into the Wallace Building main atrium. Please contact Tracy Bruun (515) 344-6279C to be met in the atrium for bid delivery. Bidders are required to follow current CDC guidelines during bid delivery and asked to please seal envelopes by some method other than wetting the seal with saliva.
Bids must be received by the Division prior to the time and date for bid submissions. Bids received after this time will be rejected and returned unopened to the bidder. The bids shall be submitted on the proposal form included herewith. The proposal shall be submitted in a sealed envelope separate from the bid security. The envelope shall bear the return address of the bidder and shall be addressed as follows:
BB-3
TO: Wallace State Office Building 502 East 9th Street Iowa Department of Agriculture and Land Stewardship Division of Soil Conservation and Water Quality-Water Resources Bureau Des Moines, Iowa 50319-0050 Attn: Tracy Bruun
PROPOSAL FOR: Project ID Poc903130C Pocahontas County, Iowa Job No. 24-01
A legally authorized representative of the bidder shall sign the bid.
The bid securities shall be placed in a separate sealed envelope attached to the front of the envelope containing the bid.
Only the Proposal and Schedule of Prices (Document CC) should be included in the envelope with the bid.
Do not submit Plans and/or Specifications with the bid.
The project job number 24-01 must be printed on the outside of the bid security envelope and on the envelope containing the bid.
06 BID SECURITY
Bidder shall provide a Bid Bond (Proposal Guarantee, Document EE) in the form of a cashier's check, certified check, or Surety Bond for the project in the amount of ten percent (10%) of the base bid (no alternates included). The Bid Bond shall be made payable to the Division and shall be forfeited and become the property of the Division if the successful bidder fails or refuses to enter into contract and furnish the Performance Bond within fourteen (14) calendar days after their proposal has been accepted.
If the Bid Bond is not required to be forfeited, checks will be returned to the bidders.
07 WITHDRAWAL OF BIDS
Bids may be withdrawn any time prior to the scheduled closing time for receipt of bids; but no bid may be withdrawn for a period of thirty (30) calendar days thereafter.
08 EVALUATION OF BIDS AND AWARD OF CONTRACT
The Contract shall be awarded to the lowest responsible bidder as determined by the Division. In evaluating the bids, the Division may consider such factors as bid price and bidder qualifications outlined in Section 02, including whether the bidder currently has a contract in default with the Division. In comparing bid prices, the total bids of the various bidders shall be determined by applying the unit prices bid for each work item against the estimated work item quantities set forth in the proposal.
09 TAXES
Materials purchased for this construction contract let by the Division are exempt from sales and use tax, including local option taxes. This exemption applies only to materials that are components of the final project. The contractor and subcontractors will be issued a Sales Tax Exemption Certificate from the Division that is specific for this contract. A sample of this form is included in the appendix. Refer to Iowa Department of Revenue and Finance’s website for additional information:
https://tax.iowa.gov/iowa-contractors-guide
The bidder shall include in his proposal all other federal and state taxes required by law.
10 EXECUTION OF CONTRACT
The bidder to whom the contract is awarded will be required to execute the Contract, obtain the appropriate insurance coverage and the Performance Bond, provide their Iowa Department of Labor Public Registration Number, and complete the provided Construction Progress Schedule within fourteen (14) calendar days from the date when Notice-of-Award is delivered to the Bidder. The necessary Contract, Performance Bond, and Construction Progress Schedule forms shall accompany the Notice-of- Award. In case of failure of the Bidder to execute the Contract, the Division shall have the option to consider the Bidder in default, in which case the Bid Bond accompanying the proposal shall become the property of the Division.
BB-4
The Division, within fourteen (14) days of receipt of acceptable proof of insurance coverage, Performance Bond, and Contract, signed by the party to whom the Contract was awarded, shall sign the Contract and return to such party an executed copy of the Contract. Should the Division not execute the Contract within such period, the Bidder may, with written notice, withdraw the signed Contract. Such notice of withdrawal shall be effective upon receipt of the notice by the Division.
The Division shall review the submitted Construction Progress Schedule, and work with the Contractor to adjust the schedule if it is deemed necessary. The Notice-to-Proceed shall be issued by the Division within five (5) days of the execution of the Contract, provided that the Construction Progress Schedule has been accepted by the Division. Should there be additional time required to make adjustments to the Construction Progress Schedule, the time to issue the Notice-to-Proceed may be extended to allow for this. Should there be any other reason why the Notice-to-Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Division and Contractor. If the Notice-to-Proceed has not been issued within a thirty (30) day period, or within a greater period mutually agreed upon, the Contractor may terminate the Contract without further liability on the part of either party.
The Contract when executed shall be deemed to include the entire agreement between the parties; the Contractor shall not claim any modifications resulting from representation or promise made by representatives of the Division or other persons.
11 QUANTITIES
Estimated quantities shown on the proposal form are provided for the Contractor's information and for comparative purposes in awarding a construction contract. Such quantities are intended to represent the work shown on the Plans, measured as defined in the Construction Specifications. However, said quantities are only estimates and are subject to increases and/or decreases during construction of the project.
12 QUESTIONS AND ADDENDA
If any person contemplating submitting a bid for the proposed work, material or equipment is in doubt as to the true meaning of any part of the Plans, Construction Specifications, or other Contract Documents, that person may request an interpretation thereof. The person submitting the request will be responsible for its prompt delivery.
Questions concerning interpretation or intent of the Plans and Construction Specifications should be made in writing and directed to the Engineer, with the Division copied on the correspondence, as specified in the Notice-to-Bidders. All other questions concerning Contract Documents should be addressed to Tracy Bruun, Division, tracy.bruun@iowaagriculture.gov or 515-344-6279C.
Any oral interpretation given will be valid only if confirmed by written addendum. Information obtained from an officer, agent, or employee of the Division shall not affect the risks or obligations assumed by the Contractor or relieve them from fulfilling any of the conditions of the Contract. All interpretation requests should be addressed in writing and received no later than the date stipulated in the Notice-to-Bidders so that responses may be included in an Addendum prior to bid opening.
The Division reserves the right to revise or amend the Bid Documents prior to the date set for receipt of bids. Such revisions and amendments, if any, will be announced by an addendum or addenda to the Bid Documents. Copies of such addenda will be furnished to all plan holders. Bidders are required to acknowledge receipt of all addenda by listing such addenda in the Proposal and Schedule of Prices (Document CC).
13 PRECONSTRUCTION CONFERENCE
Following the award of Contract, and prior to beginning construction, the Contractor will be required to attend a preconstruction meeting at a mutual time and place designated by the Division. This Preconstruction Conference will be held within seven (7) days prior to the Construction Start Date identified on the approved Construction Progress Schedule, or earlier if mutually agreed upon by Division, Contractor, and Engineer. No work may commence on site prior to the Preconstruction Conference. If the Contractor plans to move the Construction Start Date to a date earlier than previously agreed upon in the Construction Progress Schedule, this shall be communicated to the Division in a timely manner to allow for scheduling of the Preconstruction Conference. Should there be a reason why the construction work on site cannot commence by the agreed upon Construction Start Date, the schedule may be adjusted by mutual agreement between the Division and Contractor, as described in the General Conditions (Document FF, Paragraph 3-21).
See also Document FF Paragraph 3-01.
BB-5
14 SUMMARY OF BID SUBMITTAL REQUIREMENTS
Before submitting a bid, be certain that all documents have been completed properly. Failure to complete and sign all documents and to comply with the requirements listed below can cause the bid not to be read.
A. Bid Security
The bid security must be in an envelope marked BID SECURITY and attached to the outside of the PROPOSAL AND
SCHEDULE OF PRICES envelope. The bid security must be in the minimum amount of ten percent (10%) of the total base bid amount. Bid security must be either:
CERTIFIED CHECK OR CASHIER'S CHECK
(Drawn on a bank in the State of Iowa, or a bank chartered under the laws of the United States)
OR
SURETY BOND
(Executed by a corporation authorized to contract as Surety in the State of Iowa - Use Document EE attached)
B. Bid Documents
The following documents shall be completed, signed, and returned in the sealed PROPOSAL AND SCHEDULE OF PRICES envelope.
1. PROPOSAL AND SCHEDULE OF PRICES (Document CC):
a. Identity of Bidder (Name and Address)
b. Acknowledgement of receipt of any and all addenda
c. AFFIDAVIT notarizing signature of bidder.
d. SCHEDULE OF PRICES: Name of Bidder, unit prices and extensions with total bid amount noted.
THE BID CANNOT BE READ IF ANY OF THESE DOCUMENTS ARE OMITTED FROM THE ENVELOPE OR ARE NOT
PROPERLY COMPLETED.
NOTE: ALL BID DOCUMENTS MUST BE SUBMITTED AS PRINTED. NO ALTERATIONS, ADDITIONS, OR
DELETIONS ARE PERMITTED.
END OF DOCUMENT BB
Poc903130C Nutrient Reduction Wetland Project DOCUMENT CC Bid No. 24-01 PROPOSAL AND SCHEDULE OF PRICES
CC-1
Time and Date for Bid Submissions: 3:00 PM, 04/10/2024 Wallace State Office Building 502 East 9th Street Iowa Department of Agriculture and Land Stewardship Division of Soil Conservation and Water Quality-Water Resources Bureau
Des Moines, Iowa 50319-0050
Time and Date of Bid Opening: 3:15 PM, April 10, 2024 Bid Opening Location: Wallace State Office Building 502 East 9th Street Des Moines, IA 50319-0050 Bid Opening Teleconference: Call-in number: 1-877-304-9269 Access code: 519321
Project Description and Location: Poc903130C Nutrient Reduction Wetland Project Section 30, Township 90 North, Range 31 West Pocahontas County, Iowa
PROPOSAL AND SCHEDULE OF PRICES
Proposal of ___________________________________________________________________________________ (Name of Bidder)
Located at ( ) (Address) (Telephone Number)
Amount of Proposal Guarantee
Description of Work Specified Completion Date Liquidated Damages
10% of Base Bid
All Work Except Seeding
November 01, 2024
$175.00 Per Day
Seeding
December 15, 2024
$125.00 Per Day
The undersigned hereby agrees, if awarded the contract, to execute the proposed contract and to furnish satisfactory Performance Bond in an amount not less than one hundred percent (100%) of the contract award within fourteen (14) days from the date when Notice-of-Award is received, and to provide all supervision, labor, materials, and equipment required to complete the project designated above, for the prices hereinafter set forth, in strict compliance with the Contract Documents prepared by the Division.
Further, the parties agree and acknowledge as follows:
The amount of loss or damages likely to be incurred by Division are uncertain and said loss is incapable or very difficult to quantify and estimate;
The amount specified for liquidated damages herein bear a reasonable relationship to, and are not plainly or grossly disproportionate to, the probable loss likely to be incurred by Division in connection with any delay on part of the Contractor;
CC-2
The amount of liquidated damages fixed herein bears a reasonable relationship to Division’s anticipated losses and/or actual losses;
The amount of liquidated damages herein fairly approximates Division’s loss at the time of making of this Agreement;
The amount of liquidated damages fixed herein are fair and reasonable and it approximates to the extent possible the actual loss to Division as a result of any delay on the part of Contractor; and
Division and Contractor are sophisticated parties and negotiated this Agreement at arm’s length.
Now therefore, in consideration of the mutual obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
Contractor will commence the work after the Preconstruction Conference and by the Construction Start Date approved by Division in the Construction Progress Schedule.
Contractor will complete the work within the specified time period identified in the contract, or as amended, or be responsible for liquidated damages per day as set forth in the above table.
The liquidated damages may be withheld from payments made to the Contractor by the Division upon written notice that liquidated damages have begun to accrue, and such damages are in addition to other remedies available as provided for in this contract and applicable law.
A Proposal Guarantee in the amount stipulated herein is included with this proposal, to be forfeited to the Division, if the undersigned fails or refuses to execute the contract and furnish satisfactory Performance Bond, if awarded the contract.
By _______________________________________________ (Signed)
(Title) (Date)
In executing this proposal, Bidder acknowledges receipt of Addendum Number _____ dated ____________________
In executing this proposal, Bidder acknowledges receipt of Addendum Number _____ dated ____________________
In executing this proposal, Bidder acknowledges receipt of Addendum Number _____ dated ____________________
CC-3
SCHEDULE OF PRICES
Poc903130C Project Contract No. 24-01 Section 30, Township 90 North, Range 31 West, Pocahontas County, Iowa
Name of Bidder: ______________________________________________________________________________
Item No. Work or Material Spec No.
Estimated Quantity Unit
Unit Price Total
1 Mobilization / Demobilization CS-08 1 LS
SITE PREPARATION IA-01
2 6" Site preparation below berm & grade stabilization str. IA-01 800 CY-P
3 Grading / scraping within wetland IA-01 7,500 CY-P
EXCAVATION IA-21
4 Core trench for grade stabilization structure & berm IA-21 1,965 CY-P
5 Grading inlet channels (to wetland & to draw-down str.) IA-21 1,100 CY-P
EARTHFILL IA-23
6 Clay core for stabilization structure & primary berm IA-23 1,420 CY-P
7 Compacted fill for stab. str., primary berm, & sub-berm IA-23 2,500 CY-P
8 Fill / grade creek "meander" IA-23 1,000 CY-P
TOPSOILING IA-26
9 Topsoil placement over disturbed areas IA-26 1,500 CY-P
10 Remaining topsoil placement west of wetland IA-26 6,050 CY-P
WATER CONTROL STRUCTURE IA-46 &
IA-51
11 Agri Drain WCS IA-51 1 LS
12 12"Ø CMP outlet shell IA-51 20 LF
13 Aluminum CMP WCS IA-51 1 LS
14 18"Ø Alum. CMP IA-51 55 LF
15 Alum. CMP inlet riser structure IA-51, IA-
31 1 LS
16 Stoplog storage structure IA-46 1 LS
Continued on next page.
CC-4
Continued from previous page.
17 RIPRAP, REVETMENT & AGGREGATE
PLACEMENT (IA DOT class E) IA-61 600 TON
18 Riprap Toe (IA DOT class E Riprap) IA-61 560 TON
19 1" Clean rock IA-61 70 TON
20 Articulating concrete Block IA-61, IA-31 2,000 SF
TILE DRAIN LOCATION & REMOVAL IA-09
21 Tile Investigation IA-09 1 LS
22 Tile removal IA-09 3,865 LF
23 Tile caps IA-09 26 EA
TILE MODIFICATOIN & INSTALLATION IA-46
24 10" HDPE dual-wall IA-46 1,750 LF
25 5" Perforated CPP IA-46 677 LF
SOIL EROSOIN & POLLUTION CONTROL IA-05
26 Silt Fencing IA-05 1,900 LF
27 Rock check dam IA-05 1 LS
28 Structure seeding IA-06 2.0 AC
29 Buffer seeding IA-06 6.0 AC
30 Crop Damage unknown AC N/A N/A
TOTAL BASE BID………………………………………………………………………………………$________________
CC-5
THE FOLLOWING AFFIDAVIT MUST BE COMPLETED AND NOTARIZED, OR THIS BID WILL BE REJECTED
AFFIDAVIT
The signatory, being duly sworn, does depose and say that the undersigned is an authorized representative of:
(Name of Firm)
Located at ____________________________________________________________________________________ hereinafter referred to as “Bidder” and does hereby affirm to have personal knowledge that said Bidder has thoroughly examined the Contract Documents, carefully prepared the Proposal and Schedule of Prices form, and has checked the same in detail before submitting; and that said Bidder, or the agents, officers, or employees thereof, have not, either directly or indirectly, entered into any agreement, participated in any collusion or fraud, or otherwise taken any action in restraint of free competitive bidding in connection with this bid.
(Signed)
Subscribed and sworn to before me this _________ day of ________________________________, 2023
(Signed, Notary)
My Commission Expires _______________, 20______
END OF DOCUMENT CC
CC-6
Poc903130C Nutrient Reduction Wetland Project DOCUMENT DD Bid No. 24-01 CONSTRUCTION CONTRACT
DD-1
State of Iowa Iowa Department of Agriculture and Land Stewardship
DIVISION OF SOIL CONSERVATION AND WATER QUALITY
THIS AGREEMENT, made this ______ day of _____________, 2023, by and between the State of Iowa, acting through:
Division of Soil Conservation and Water Quality hereinafter called the DIVISION, and
(Name of Company)
(Address)
(City, State, Zip) hereinafter called the CONTRACTOR.
WITNESSETH: that the DIVISION agrees to pay the CONTRACTOR the contract price provided herein for the fulfillment of the work and performance of the covenants set forth herein, and the CONTRACTOR agrees to commence and complete the project described as follows:
Nutrient Reduction Wetland Project Construction Contract Section 30, Township 90 North, Range 31 West, Pocahontas County, Iowa Project ID: Poc903130C Bid No. 24-01 for the sum of _______________________ _____/100 Dollars ($_____________.__) and all extra work in connection therewith as modified by approved Change Orders and Amendments, all in accordance with the terms and conditions herein contained; and to furnish at the CONTRACTOR’S own proper cost and expense, all materials, equipment, supervision, labor, insurance, and other accessories and services necessary to construct and complete, in a workmanlike manner, ready for continuous operation, the above-mentioned project. The work shall be performed in accordance with the requirements and provisions of the following documents, all of which are made a part hereof and collectively evidence and constitute the contract:
1. Notice-to-Bidders (Document AA)
2. Instructions to Bidders (Document BB)
3. Proposal and Schedule of Prices (Document CC)
4. This Instrument – Construction Contract (Document DD)
5. General Conditions (Document FF)
6. Special Conditions (Document GG)
7. Approved Change Orders (Document HH)
8. Approved Construction Contract Amendments (Document II)
9. Construction Specifications
10. Drawings, Sheet Numbers 001-401
11. Notice-of-Award (Document LL)
12. Construction Progress Schedule (Document JJ)
13. Notice-to-Proceed (Document MM)
14. Performance Bond (Document NN)
15. Addenda (when applicable)
Poc903130C Nutrient Reduction Wetland Project DOCUMENT DD Bid No. 24-01 CONSTRUCTION CONTRACT
DD-2
The CONTRACTOR shall complete the Construction Progress Schedule (Document JJ) form provided within fourteen (14) days of the date that the Notice-of-Award is received. Should there be any reason why the Construction Progress Schedule needs adjustment, those changes may be made by mutual agreement between the DIVISION and the CONTRACTOR as set forth in Paragraph 3-21 of Document FF. The Notice-to-Proceed will be issued within five (5) days of the execution of Contract, provided that the Construction Progress Schedule is approved by Division.
The CONTRACTOR shall schedule and attend a Preconstruction Conference with the DIVISION and the ENGINEER. The Preconstruction Conference shall be held within seven (7) days prior to the Construction Start Date specified in the accepted Construction Progress Schedule, or earlier by mutual agreement. No work may commence on site prior to the Preconstruction Conference. If the CONTRACTOR plans to adjust the Construction Start Date, this shall be communicated to the DIVISION as soon as possible to allow scheduling of the Preconstruction Conference.
The CONTRACTOR hereby agrees to complete the work within the contract period, or to pay liquidated damages. All work except for seeding must be completed by November 01, 2024, and the seeding must be completed by December 15, 2024.
It is understood that the CONTRACTOR consents to the jurisdiction of the courts of Iowa to hear, determine and render judgments as to any controversy arising hereunder, and that this contract shall be governed by, and construed according to the laws of the State of Iowa.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in the day and year first aforementioned.
FOR THE DIVISION FOR THE CONTRACTOR
Grant D. Menke, Deputy Secretary
(Date)
(Company Representative)
(Date)
(Name of Company)
(Address of Company)
(City, State, Zip Code)
Seal if by a corporation
Identification Number Soc. Sec. No. ____________________________________ or Fed. ID No. _____________________________________
Iowa Division of Labor Public Registration No. ___________________________
END OF DOCUMENT DD
Poc903130C Nutrient Reduction Wetland Project DOCUMENT EE Bid No. 24-01 PROPOSAL GUARANTEE (BID BOND)
EE-1
State of Iowa Iowa Department of Agriculture and Land Stewardship
DIVISION OF SOIL CONSERVATION AND WATER QUALITY
KNOW ALL PERSONS BY THESE PRESENTS:
That we, of as PRINCIPAL, and of as SURETY(S), are hereby held and firmly bound unto the State of Iowa in the penal sum of
____ /100 Dollars ($ ) for the payment, whereof, the said PRINCIPAL and SURETY(S) bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
The conditions of this obligation are such that whereas the PRINCIPAL is herewith submitting to the Iowa Department of Agriculture and Land Stewardship, Division of Soil Conservation and Water Quality, hereinafter called the DIVISION its sealed contract for the following:
Nutrient Reduction Wetland Project Section 30, Township 90 North, Range 31 West, Pocahontas County, Iowa Project ID: Poc903130C Bid No. 24-01
NOW THEREFORE,
the conditions of this obligation are such that, if said proposal is rejected by the DIVISION, or if said proposal is accepted by the DIVISION and the PRINCIPAL shall enter into a contract in the form specified by the DIVISION in accordance with the terms of the Proposal and Schedule of Prices (Document CC) and shall furnish a bond for the faithful performance of said contract in the form specified by the DIVISION, this obligation shall be null and void. Otherwise, it shall remain in full force and effect.
In the event that the said proposal is accepted by the DIVISION and the PRINCIPAL fails to enter into the contract as defined herein or fails to furnish the performance bond as noted above, within fourteen (14) days of the approval of the award, the PRINCIPAL and SURETY(S) agree to forfeit to the DIVISION the penal sum herein mentioned, it being understood that the liability of the SURETY(S) shall in no event exceed the penal sum or this obligation.
IN WITNESS WHEREOF,
the above bounden parties have executed this instrument under their several seals this day of , 2023, the name and corporate seal of each party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
By By
Print Name:
If a partnership, all partners must sign.
END OF DOCUMENT EE
Poc903130C Nutrient Reduction Wetland Project DOCUMENT FF Bid No. 24-01 GENERAL CONDITIONS
FF-1
GENERAL CONDITIONS
SECTIONS
SECTION 1 - DEFINITIONS
SECTION 2 - PLANS, SPECIFICATIONS AND RELATED DATA
SECTION 3 - ENGINEER-DIVISION-CONTRACTOR RELATIONS
SECTION 4 - SCOPE OF WORK
SECTION 5 - MATERIALS AND WORKMANSHIP
SECTION 6 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
SECTION 7 - MEASUREMENT AND PAYMENT
SECTION 1 - DEFINITIONS FF-4
1-01 GENERAL FF-4
1-02 CONTRACT DOCUMENTS: FF-4
1-03 DIVISION: FF-4
1-04 ENGINEER: FF-4
1-05 WORK OR PROJECT: FF-4
1-06 SPECIFICATIONS: FF-4
1-07 SPECIAL CONDITIONS: FF-4
1-08 PLANS: FF-4
1-09 BIDDER: FF-4
1-10 PROPOSAL: FF-4
1-11 PROPOSAL GUARANTEE: FF-5
1-12 CONTRACT: FF-5
1-13 AMENDMENT: FF-5
1-14 CHANGE ORDER: FF-5
1-15 CONTRACTOR: FF-5
1-16 SUBCONTRACTOR: FF-5
1-17 PERFORMANCE BOND: FF-5
1-18 SURETY: FF-5
1-19 WRITTEN NOTICE: FF-5
1-20 GOVERNMENTAL AGENCY: FF-6
1-21 ACT OF GOD: FF-6
1-22 DAYS: FF-6
1-23 WORKING DAYS: FF-6
1-24 CONSTRUCTION START DATE: FF-6
1-25 TIME OF COMPLETION: FF-6
1-26 DEFAULT: FF-6
1-27 ALTERNATES: FF-6
1-28 COMMON TERMS: FF-6
1-29 ABBREVIATIONS: FF-7
FF-2
SECTION 2 - PLANS, SPECIFICATIONS AND RELATED DATA FF-7
2-01 INTENT OF PLANS AND SPECIFICATIONS: FF-7
2-02 CONFLICT: FF-7
2-03 DISCREPANCIES IN PLANS: FF-7
2-04 ADEQUACY OF PLANS AND SPECIFICATIONS: FF-8
2-05 PLANS AND SPECIFICATIONS AT JOB SITE: FF-8
2-06 DIMENSIONS: FF-8
SECTION 3 - ENGINEER-DIVISION-CONTRACTOR RELATIONS FF-8
3-01 PROJECT MEETINGS: FF-8
3-02 SUSPENSION OF WORK BY DIVISION OR ENGINEER: FF-9
3-03 SUSPENSION OF WORK BY DIVISION: FF-10
3-04 SUSPENSION OF WORK BY CONTRACTOR: FF-10
3-05 EXAMINATION OF COMPLETED WORK: FF-10
3-06 CONTRACTOR'S SUPERINTENDENCE: FF-10
3-07 CONTRACTOR'S EMPLOYEES: FF-10
3-08 ENGINEER: FF-11
3-09 DIVISION LAND RIGHTS: FF-11
3-10 CONTRACTOR LAND RIGHTS: FF-11
3-11 ENTRY ON PROPERTY: FF-11
3-12 REMOVAL OF CONSTRUCTION EQUIPMENT, TOOLS AND SUPPLIES: FF-11
3-13 DIVISION'S RIGHT TO CORRECT DEFICIENCIES: FF-11
3-14 DIVISION'S RIGHT TO TERMINATE CONTRACT AND COMPLETE THE WORK: FF-11
3-15 TERMINATION DUE TO LACK OF FUNDS OR CHANGE IN LAW: FF-12
3-16 CONTRACTOR'S RIGHT TO TERMINATE CONTRACT: FF-12
3-17 SEPARATE CONTRACTS: FF-12
3-18 SUBCONTRACTS: FF-12
3-19 WORK DURING AN EMERGENCY: FF-12
3-20 ORAL AGREEMENTS: FF-12
3-21 CONSTRUCTION SCHEDULE: FF-13
3-22 DELAYS AND EXTENSION OF CONTRACT TIME: FF-13
3-23 SUBMITTALS: FF-14
3-24 SEVERABILITY: FF-14
SECTION 4 - SCOPE OF WORK FF-14
4-01 ADDITIONAL INSTRUCTIONS: FF-14
4-02 INCREASED OR DECREASED QUANTITIES OF BID WORK: FF-14
4-03 EXTRA WORK: FF-14
4-04 CHANGED CONDITIONS: FF-14
4-05 SALVAGE: FF-15
4-06 CLEANUP: FF-15
SECTION 5 - MATERIALS AND WORKMANSHIP FF-15
5-01 QUALITY OF EQUIPMENT AND MATERIALS: FF-15
5-02 MATERIALS FURNISHED BY DIVISION: FF-16
FF-3
5-03 MATERIALS FURNISHED BY CONTRACTOR: FF-16
5-04 TESTING SERVICES: FF-17
5-05 STORAGE OF MATERIALS: FF-17
5-06 REJECTED WORK AND MATERIALS: FF-18
5-07 MANUFACTURER'S DIRECTIONS: FF-18
5-08 PATENTS: FF-18
5-09 GUARANTEE: FF-18
5-10 UNFAVORABLE WEATHER CONDITIONS: FF-19
5-11 BOND: FF-19
5-12 PREFERENCE FOR LABOR AND MATERIAL: FF-19
SECTION 6 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC FF-19
6-01 INSURANCE AND RELATED PROVISIONS: FF-19
6-02 USE OF PREMISES: FF-21
6-03 CONFINEMENT OF OPERATIONS: FF-21
6-04 SAFETY: FF-21
6-05 FAILURE TO PAY FOR LABOR AND MATERIALS: FF-21
6-06 MOVING OF PUBLIC AND PRIVATE UTILITIES: FF-22
6-07 PROTECTION OF PUBLIC AND PRIVATE UTILITIES: FF-22
6-08 DAMAGE TO EXISTING PUBLIC AND PRIVATE PROPERTIES: FF-22
6-09 MAINTENANCE OF TRAFFIC: FF-22
6-10 USE AND OCCUPANCY PRIOR TO COMPLETION OF CONTRACT: FF-22
6-11 PERSONAL LIABILITY: FF-23
6-12 NO WAIVER OF LEGAL RIGHTS: FF-23
SECTION 7 - MEASUREMENT AND PAYMENT FF-23
7-01 MEASUREMENT: FF-23
7-02 SCOPE OF PAYMENT: FF-23
7-03 PAYMENT FOR EXTRA WORK: FF-23
7-04 PROGRESS PAYMENTS/RETAINED PERCENTAGE: FF-24
7-05 DIVISION'S ACTION ON AN APPROVED REQUEST FOR PAYMENT: FF-25
7-06 INTEREST ON UNPAID REQUESTS FOR PAYMENT: FF-26
7-07 PAYMENT FOR UNCORRECTED WORK: FF-26
7-08 PAYMENT FOR REJECTED WORK AND MATERIALS: FF-26
7-09 PAYMENT FOR WORK SUSPENDED BY DIVISION: FF-26
7-10 PAYMENT FOR WORK BY THE DIVISION: FF-26
7-11 PAYMENT FOR WORK BY DIVISION FOLLOWING DIVISION'S
TERMINATION OF CONTRACT: FF-26
7-12 PAYMENT FOR WORK TERMINATED BY CONTRACTOR: FF-26
7-13 RELEASE OF LIENS: FF-26
7-14 FINAL ACCEPTANCE AND FINAL PAYMENT: FF-26
7-15 TERMINATION OF CONTRACTOR'S RESPONSIBILITY: FF-27
7-16 CORRECTION OF FAULTY WORK AFTER FINAL PAYMENT: FF-27
7-17 LIQUIDATED DAMAGES: FF-27
7-18 CUMULATIVE RIGHTS: FF-27
FF-4
SECTION 1 - DEFINITIONS
In the interpretation and construction of these Contract Documents, or in any documents or instruments dealing with the work governed by these Contract Documents, the following words, terms and abbreviations, or pronouns in place of them, shall each be construed as defined below. The paragraph headings or captions are for identification purposes only and do not limit or construe the contents of the paragraphs.
Omissions of words or phrases such as "the Contractor shall," "in conformance with," "shall be," "as noted on the Plans," "according to the Plans," "a," "an," "the," and "all" are intentional, and Contractor must supply omitted words and phrases by inference.
Those documents listed in the Construction Contract (Document DD), including all additions, deletions and modifications incorporated therein before the execution of the Contract. These documents are as follows:
1. Notice to Bidders (Document AA).
2. Instructions to Bidders (Document BB).
3. Proposal and Schedule of Prices (Document CC).
4. Construction Contract (Document DD).
5. This Instrument - General Conditions (Document FF).
6. Special Conditions (Document GG).
7. Approved Change Orders (Document HH).
8. Approved Construction Contract Amendments (Document II).
9. Construction Specifications.
10. Drawings, Sheet Numbers 001-401.
11. Notice-of-Award (Document LL).
12. Construction Progress Schedule (Document JJ).
13. Notice-to-Proceed (Document MM).
14. Performance Bond (NN).
15. Addenda (when applicable)
Division of Soil Conservation and Water Quality, Iowa Department of Agriculture and Land Stewardship, State of Iowa.
As defined in Special Conditions.
Work to be done and equipment, supplies, and materials to be furnished under the Contract, General Conditions, Special Conditions, Construction Specifications, Plans, Addenda, and Modifications to these Contract Documents issued subsequent to their initial printing, unless some other meaning is indicated by the context.
The directions and requirements of the detailed Construction Specifications as contained herein, as supplemented by such detailed specification requirements as may be provided, pertaining to the manner of performing the work or the quantities and quality of materials to be furnished under the Contract.
The Special Conditions are contract requirements peculiar to the project which are not otherwise thoroughly or satisfactorily detailed and set forth in these General Conditions.
The official drawings, profiles, typical cross sections and supplemental drawings, or reproductions thereof, approved by Engineer, which show the location, character, dimensions and details of work to be performed. Any and all such drawings, as listed in the Special Conditions, are to be considered as a part of the Contract Documents whether attached to the Contract Documents or separate therefrom.
An individual, firm, co-partnership or corporation, or combination thereof, submitting a Proposal for the work contemplated and acting directly or through a duly authorized representative.
The written offer or copy thereof of a Bidder to perform the work described by the Contract Documents.
This written offer shall be made out and submitted on the prescribed Proposal and Schedule of Prices (Document CC), properly signed and guaranteed. A complete Proposal shall contain all of the properly completed and signed documents as described in Article 13 of the Instructions-to-Bidders (Document BB).
1-01 GENERAL:
1-02 CONTRACT DOCUMENTS:
1-03 DIVISION:
1-04 ENGINEER:
1-05 WORK OR PROJECT:
1-06 SPECIFICATIONS:
1-07 SPECIAL CONDITIONS:
1-08 PLANS:
1-09 BIDDER:
1-10 PROPOSAL:
FF-5
Bid Bond (Document EE) accompanying the Proposal submitted by the Bidder, as a guarantee that the Bidder shall enter into Contract with the Division for performance of the work and furnish required insurance forms and bond or bonds if the Contract is awarded to the Bidder, in accordance with the Instructions-to-Bidders (Document BB).
The written agreement (Document DD) covering the performance of the work described in the Contract Documents, including all signed Change Orders and Amendments thereto, and all general and special provisions pertaining to the work or materials therefor.
The written agreement covering the performance of changed work from the original Contract Documents which meets one or more of the following criteria:
1. The total cost of the Contract, at the time of Contract award, is increased or decreased by more than twenty percent (20%);
2. Any one major1 Contract bid item is increased or decreased by more than twenty percent (20%);
3. The Contract construction completion date (for all work except seeding) or seeding completion date is revised;
4. Contractor requests full payment when ninety-five percent (95%) or more of the total Contract (as modified by signed Amendments and Change Orders) has been completed and approved for final acceptance by Division and the remaining Contract work cannot proceed (due to conditions beyond the control of Contractor) for a period of more than sixty (60) days;
5. Work outside the original scope of the Contract Documents is added;
6. Both parties agree an Amendment is necessary to address material changes to the original scope of the Contract.
1For criteria "2." above, a major item is defined as any bid item, with the exception of those listed exceptions or as designated in the Special Conditions as exceptions, for which Contractor's total bid price contained in the Proposal and Schedule of Prices (Document CC) amounts to ten percent (10%) or more of the cost of the original Contract award.
Only Amendments duly signed and executed by both Contractor and Division, with written consent of the Surety, constitute authorized modifications to the Contract.
A written order to Contractor, signed by Division, ordering a change in the work originally shown by the Contract Documents, which has been found necessary by the Division. Only Change Orders duly signed and executed by Division constitute authorized modifications of the Contract.
The individual, firm, partnership or corporation, and any heirs, executors, administrators, successors or assigns, or the lawful agent of any such individual, firm, partnership, or corporation, or the Surety under the contract bond, constituting one of the principals to the Contract and undertaking to perform the work herein specified. Where any pronoun is used as referring to the word "Contractor" it shall mean Contractor as defined above.
Any person, firm, partnership or corporation who under a direct contract with Contractor acts for or on behalf of Contractor in executing any part of the Contract, but not including one who merely furnishes material.
The approved form of security furnished by Contractor and Contractor's Surety, as required in the Contract Documents (Document NN), which shall be conditioned upon Contractor's and Contractor's Surety’s promise to faithfully perform all provisions of the Contract and complete the work in accordance with the Contract Documents, including making full payment for labor and materials used in the work.
The person, firm or corporation who executes Contractor's Performance Bond.
Written notice shall be considered served when delivered in person or sent by registered mail to the individual, firm, partnership or corporation, or to the last known business address of such individual, firm, partnership, or corporation known to the person who serves the notice. It shall be the duty of each party to advise the other parties to the Contract of any change in business address prior to completion of the Contract.
1-11 PROPOSAL GUARANTEE:
1-12 CONTRACT:
1-13 AMENDMENT:
1-14 CHANGE ORDER:
1-15 CONTRACTOR:
1-16 SUBCONTRACTOR:
1-17 PERFORMANCE BOND:
1-18 SURETY:
1-19 WRITTEN NOTICE:
FF-6
Any governmental unit having jurisdiction.
Means an earthquake, flood, cyclone or other cataclysmic phenomenon of nature. Rain, wind, flood or any other natural phenomenon of normal intensity for the locality shall not be construed as an Act of God.
Unless otherwise designated, days as used in the Contract Documents shall be understood to mean calendar days.
Any day where weather conditions or other conditions allow Contractor to pursue any major item of work, excluding Sundays and holidays.
The Construction Start Date shall be specified on the Notice-to-Proceed after Division approval of the date specified in the Construction Progress Schedule (Document JJ).
Time of completion of all work involved in this project shall be as specified in the Special Conditions. See also Paragraph 3-21.
Means the…
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