23-01-30-04 - Bid Package.pdf

Iowa Department of Natural Resources

Jeff Felts, Facilities Engineer

District 1 (NW)

951 Starview Dr

Hinton, IA 51024

515-250-3712

July 8, 2026

Contractors, Enclosed please find a request for proposal on the Nepple WMA Wetland Restoration project at the

Great Lake Wildlife Unit in Dickinson County. If you are interested, please complete the proposal and e-mail as directed. Included in the package are instructions to bidders, the proposal page (Attachment

A), a sample contract, and information specific to the project.

Please follow the instructions carefully in preparing the documents and note the emailing instructions.

Electronic signatures are acceptable, and no bid bond is required. A performance bond will be needed at the time of contracting for the successful low bidder if the total cost exceeds $25,000.

Any questions can be directed to me at the above cell phone number. Bid results will be posted on the

IDNR website (https://programs.iowadnr.gov/engreal/projectlist.asp) as soon as the bids are verified.

Sincerely, Jeff Felts, P.E.

Facilities Engineer

Iowa Department of Natural Resources https://programs.iowadnr.gov/engreal/projectlist.asp

Rev.4-28-2026 COMPETITIVE QUOTATION (MINOR) PUBLIC IMPROVEMENT CONTRACT

IOWA DEPARTMENT OF NATURAL RESOURCES

GENERAL INFORMATION AND INSTRUCTIONS TO BIDDERS

FOR

GREAT LAKES WILDLIFE UNIT

NEPPLE WMA WETLAND RESTORATION

PROJECT # 23-01-30-04

COMPETITIVE QUOTATION

Please read and familiarize yourself with all of these Instructions before preparing your proposal.

1. To be considered a responsible and responsive bidder, all the information requested on the Proposal Form

(Attachment A) must be completed and received by the Iowa Department of Natural Resources by 3:00pm on

7/23/26. If you are signing on behalf of a corporation, include your title in the signature line. Keep a copy of the proposal as your record of your submitted proposal.

2. Email your proposal to constructionbids@dnr.iowa.gov. All proposals must be submitted electronically. No paper proposals will be accepted. Include the following information in the subject line: Project Name, Contract Number, and Bid Letting Date.

Contact for the competitive quotation process is as follows:

Darin Galbraith, Procurement Specialist constructionbids@dnr.iowa.gov

515-344-0055

Contact for questions on plans and specifications is as follows:

Jeff Felts, District Engineer

951 Starview Dr.

Hinton, IA 51024

Jeff.felts@dnr.iowa.gov

515-250-3712

3. DO NOT alter the proposal with alternates, qualifications, reservations, or stipulations. If the bid is not a lump sum, clearly identify unit prices. In event of any inconsistency between the Proposed Bid Total and the bid total derived from provided unit prices, unit prices will prevail. (See Article 4.)

4. Your proposal will be audited, extensions and totals verified, and notification of decision of award will be made promptly after the closing date for receipt of proposals shown above. The lowest responsive, responsible bidder will be eligible for award of a subsequent contract. The DEPARTMENT reserves the unconditional right not to award a contract for the project described in these instructions and related attachments.

5. Both successful and unsuccessful bidders will be notified of the result of the bidding. If you are the successful bidder, an award letter and contract documents will be sent to you with detailed instructions for completion. By submitting a proposal, you agree and understand that acceptance of your proposal by the DEPARTMENT constitutes a binding agreement to enter into a contract and that the offer contained in your proposal shall be valid for a period of 45 days from the deadline for submission of proposals.

mailto:constructionbids@dnr.iowa.gov mailto:constructionbids@dnr.iowa.gov mailto:Jeff.felts@dnr.iowa.gov

ATTACHMENT A - PROPOSAL FORM

PROJECT: NEPPLE WMA WETLAND RESTORATION CONTRACT NO.: 23-01-30-04

LOCATION: GREAT LAKES WILDLIFE UNIT, NEPPLE WMA, DICKINSON COUNTY, IOWA

UNIT PRICE* AMOUNTITEM

NO.

DESCRIPTION

ESTIMATED

QUANTITY DOLLARS CENTS DOLLARS CENTS

1 Mobilization 1 LS

2 Embankment Construction – Dike Fill 1,500 CY

3 Tile Investigation 200 LF

Agri Drain WCS (24” Inlet, 18” Outlet, 8’ Tall) –

INSTALL ONLY

1 EA

5 4’x4’ Anti-Seep Collar (18” Pipe) 1 EA

6 4’x4’ Anti-Seep Collar (24” Pipe) 1 EA

7 Fireproof Cover for WCS 1 EA

8 18” CMP w/ Couplers 10 LF

9 18” CMP w/ Couplers – INSTALL ONLY 40 LF

10 18” Stainless Steel Ratguard 1 EA

11 24” CMP w/ Couplers – INSTALL ONLY 28 LF

12 24” CMP Tee w/ 5’ Riser & Couplers 1 LS

13 24” Heavy Duty Trash Guard 2 EA

14 Bedding Stone 30 TN

15 Erosion Stone 80 TN

16 Seeding & Mulching 1 LS

*Unit Prices Prevail; Amount equals Estimated Quantity multiplied by Unit Price

Proposed Bid Total: $

By virtue of statutory authority, preference will be given to products grown and coal produced within the State of Iowa.

Signature Date Legal Name of Company

Printed Name Street Address

Title City, State, Zip Code

Phone No. Remit to Address (if different than above)

Email Address Remit to City, State, Zip Code (if different than above)

Iowa Contractor Registration Number

Bidder Acknowledges Receipt of Any Issued Addenda (Number and Date): ______________________________________

Subcontractor Information

Name

Iowa Contractor

Registration Number Email Address

This Proposal will become void if not accepted by the DEPARTMENT within 45 days of the deadline for submission of proposals described in the General Information and Instructions to Bidders for this project.

The following is an EXAMPLE of the contract that will be sent to the successful bidder. The recommended Contractor will be required to fill out the necessary information and sign the contract prior to performing work under this project.

Contract No.: _23-01-30-01_

IOWA DEPARTMENT OF NATURAL RESOURCES

COMPETITIVE QUOTATION (MINOR) PUBLIC IMPROVEMENT CONTRACT

AGREEMENT, entered into between the Iowa Department of Natural Resources, an agency of the State of Iowa, hereinafter called the DEPARTMENT, and

Name:

Street Address:

City, State, Zip:

Remit to Address:

(If different than above)

Remit to City, State, Zip:

Phone:

E-Mail Address:

Contact Person:

hereinafter called the CONTRACTOR.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the parties mentioned above, the CONTRACTOR agrees with the DEPARTMENT, to commence and complete the project described as follows and collectively referred to as the Project:

NEPPLE WMA WETLAND RESTORATION - This project consists of restoring a wetland area by constructing an earthen dike with spillway and installing an inline water control structure.

Located at: Great Lakes Wildlife Unit, Nepple WMA, in Dickinson County, Iowa, for the sum of $ ____________. This contract supersedes all prior contracts or agreements between the DEPARTMENT and the CONTRACTOR for the work described in this contract. The Project is more thoroughly and specifically described in Article 2, Scope of Work, of this contract.

ARTICLE 1 - DEPARTMENT REPRESENTATIVE

The representative of the DEPARTMENT shall be Jeff Felts, IDNR District Engineer, 515-250-3712, and all communications from the CONTRACTOR should occur thereto. However, any modifications or payments must be approved by the highest-level signatory for the DEPARTMENT, as described on the signature page.

ARTICLE 2 - SCOPE OF WORK

The CONTRACTOR shall furnish, at his own proper cost and expense, all materials, equipment, labor, insurance, and other accessories and services necessary to 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:

● CONTRACTOR’s Proposal attached as Attachment A.

● Supplemental Information as Attachment B.

● Project Plan set (7 pages) as Attachment C.

It is intended that the specifications and plans, which include the Description of the Project on the first page of this

Contract and supplemented as may be necessary by the DEPARTMENT, shall provide for the completion of the work specified herein.

The omission of specific reference to any minor items of material or work reasonably necessary to provide a complete project, will not release the CONTRACTOR from the responsibility of furnishing or doing the items omitted.

The CONTRACTOR shall leave the site free and clean of all construction equipment, materials, and rubbish. The

CONTRACTOR shall replace any defective material or workmanship in the construction at no cost to the DEPARTMENT, and shall guarantee the construction for a period of one year from the date of the Department’s final acceptance.

ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION

The time of commencement of work under this contract shall be within a reasonable period of time after the preconstruction conference as approved by the Department. The date of completion of the work under this contract shall be: October 30, 2026.

ARTICLE 4 - BASIS OF PAYMENT

The DEPARTMENT shall make payment within 30 days of receipt of a payment request which is approved as payable by the Department, on this contract as is indicated below, by one of the following methods:

1. Lump Sum Basis- This section IS NOT applicable to this contract. Except for adjustments as provided for herein, the

DEPARTMENT shall pay to the CONTRACTOR, for the performance of work, the lump sum of $____________, hereinafter called the Contract Sum. The Contract Sum shall be equitably adjusted to cover changes in the work ordered by the DEPARTMENT, but not shown on the drawings or required by the specifications. Such increases or decreases in the Contract Sum shall be determined by agreement between the DEPARTMENT and the CONTRACTOR.

2. Unit Price Basis- This section IS applicable to this contract. The DEPARTMENT shall pay to the CONTRACTOR the unit price amount stated with respect to each item of work on the attached schedule for the total number of units each item of work completed. The number of units shown on the attached schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated into or made necessary by the work covered by this contract. Should the number of units of completed work of any individual item shown on the attached schedule vary by more than twenty percent (20%) from the number of units stated, either the

DEPARTMENT or the CONTRACTOR may request a revision of the unit price for the item so affected, but such changes shall not exceed 10% of the total Contract amount. Both parties agree that under such conditions an equitable revision of the price shall be made. Changes that cannot be classified under any of the contract units may be performed at mutually agreed upon unit prices, or on a lump sum basis.

The Department, under this Contract, shall reserve the right to withhold up to 3% consistent with Iowa Code Chapter

573. The Contractor may invoice the Department only for work completed. If the work extends over a period of more than one month, the DEPARTMENT may, upon request by the CONTRACTOR, make written estimates of the value of materials complete in place and the work performed. Estimates shall be on a monthly basis or on a longer period of time mutually agreed upon. No estimate, except the final estimate, shall be for less than five hundred dollars ($500). The estimates shall be figured at the contract unit prices for contracts on a unit price basis or on a mutually agreed upon percentage of the total work completed for contracts on a lump sum basis. Each estimate shall be filed in the form of a claim against the DEPARTMENT. Estimates are approximate only, and shall be subject to correction in the first estimate rendered following the discovery of an error in any previous estimate. Should a reasonable doubt arise as to the integrity of any part of the work completed prior to the final acceptance and payment, the department will deduct from the first estimate rendered, after the discovery of such work, an amount equal in value to the defective or questioned work. Further, such work will not be included in a subsequent estimate until the defects have been remedied or the causes for doubt removed. Within a reasonable period of time after satisfactory completion of the project, a final inspection of the work will be made by the DEPARTMENT to determine compliance with the contract, plans and specifications, and to submit a final estimate. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The CONTRACTOR shall sign the final estimate form acknowledging acceptance of the amount stated.

Final payment shall be made as soon as possible following the expiration of statutory time for filing claims, or following adjudication or release of claim against the amount withheld. Earlier requirements for the submission of the Iowa

Department of Revenue Contractor’s Statement of Sale and Use Tax (see ARTICLE 20), prior to final payments, are no longer in effect.

ARTICLE 5 - LIQUIDATED DAMAGES

Time is an essential element of the contract and it is important that the work be completed by the deadline. For each calendar day that any work shall remain uncompleted after the end of the contract period, number of working days allowed, or any extension granted, the amount per calendar day specified in the proposal form will be assessed, not as a penalty, but as predetermined and agreed liquidated damages.

The CONTRACTOR hereby agrees that liquidated damages in the amount of $500.00 shall be retained or assessed against the CONTRACTOR for each day and every day the completion of the work is delayed beyond the time specified herein, not as a penalty, but as a mutually agreed to, predetermined amount to reimburse the DEPARTMENT for salaries and related expenses of directly involved staff and reviewers, interest charged during the period for delays and loss of use.

The DEPARTMENT will prepare and forward to the Contractor a Change Order to account for such liquidated damages.

The final payment will be withheld until payment shall have been made consistent with this assessment of liquidated damages based only on the number of calendar days required to complete the work in excess of the completion date, plus authorized extensions thereto. This provision for the assessment of liquidated damages for failure to complete work within the contract period does not constitute a waiver of the DEPARTMENT’S right to collect any additional damages other than time delays which the DEPARTMENT may sustain by failure of the Contractor to carry out the terms of the contract.

If the Contractor fails to complete the work within the contract periods or any extension thereof, upon written notice to the Contractor and surety, said contract shall be in default. The DEPARTMENT may, at its option, permit the Contractor or the Contractor’s surety to complete the work included in the contracts or may proceed to complete the work. In either event, the Contractor or the Contractor’s surety shall be responsible for all costs incident to the completion of the work, and also for the liquidated damages stipulated in the proposal form. The DEPARTMENT may waive such portion of the liquidated damages as may accrue after the work is in condition for safe and convenient use by the public.

ARTICLE 6 - PERMITS

In addition to other permits that may be required for the CONTRACTOR to conduct its business in the state of Iowa, the

CONTRACTOR shall apply for, pay for and obtain prior to commencing work under this contract a NPDES Stormwater

Discharge Permit (DNR’s General Permit No. 2) for Construction Operation, as required by EPA regulations, for any land-disturbing activity which will disturb an area of one or more acres. The permits shall be readily available for inspection at all times. Permits are available from the DNR Storm Water Coordinator, 6200 Park Avenue, Suite 200, Des Moines, Iowa, 50321. (Tel. (515) 217-0875.)

The CONTRACTOR shall be required to apply for, pay for and obtain all permits required by law prior to commencing work under this contract.

ARTICLE 7 - PERFORMANCE BOND

In compliance with Chapter 573 of the Code of Iowa, contracts shall, when the contract price equals or exceeds twenty-five thousand dollars, be accompanied by a bond, with surety, conditioned for the faithful performance of the contract.

The amount shall be not less than one hundred percent (100%) of the contract price. The bond shall be executed on the standard form supplied by the DEPARTMENT. The bond, if required, shall be executed by the CONTRACTOR and by a surety authorized to do business in the State of Iowa and shall be incorporated by this reference.

ARTICLE 8 - CONTRACTOR’S INSURANCE

The CONTRACTOR’S current certificate of liability and property damage insurance shall be filed with the DEPARTMENT prior to the execution of the contract and shall be maintained at such amounts throughout the prosecution of the work and until final acceptance and completion of the contract. The minimum coverage by such insurance shall be as follows:

Public Liability Insurance Property Damage Insurance

Per Person $250,000. Each Occurrence $250,000.

Each Occurrence $500,000.

ARTICLE 9 - TERMINATION

9.1 The DEPARTMENT shall have the right to cancel any or all items from the contract and may terminate this contract immediately for any of the following reasons effective immediately without advance notice:

A) In the event the CONTRACTOR is required to be certified or licensed as a condition precedent to providing services, the revocation or loss of such license or certification will result in immediate termination of the contract effective as of the date on which the license or certification is no longer in effect;

B) The DEPARTMENT determines that the actions, or failure to act, of the CONTRACTOR, its agents, employees or subcontractors have caused, or reasonably could cause, a person’s life, health or safety to be jeopardized;

C) The CONTRACTOR fails to comply with all laws, regulations, ordinances and orders related to the execution of this contract or the completion of the Project;

D) The CONTRACTOR furnished any statement, representation or certification in connection with this contract or its related bidding documents which is materially false, deceptive, incorrect or incomplete.

E) The CONTRACTOR breaches the contract;

F) The CONTRACTOR becomes the subject of any bankruptcy or insolvency proceeding;

G) The CONTRACTOR has otherwise engaged in conduct that has or may expose the State or the DEPARTMENT to liability, as determined in the DEPARTMENT’s sole discretion;

H) The DEPARTMENT determines that continuation of completion of the work is not in the public’s interest: and

I) The DEPARTMENT determines that the occurrences of any of the actions or inactions in subparagraphs (A) through (G) above, unforeseen circumstances, unanticipated design changes, or other reasons beyond the control of the CONTRACTOR would prevent or unreasonably delay completion of the contract.

If there is a default event caused by the CONTRACTOR as described above, the DEPARTMENT may either provide written notice to the CONTRACTOR requesting that the breach or noncompliance be remedied within the period of time specified in the DEPARTMENT’s written notice to the CONTRACTOR, or may terminate the contract in whole or in part, without the payment of any penalty or incurring any further obligation to the CONTRACTOR.

9.2 Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Contract to the contrary, the

DEPARTMENT shall have the right to terminate this contract without penalty by giving thirty (30) days written notice to the CONTRACTOR if, in the DEPARTMENT’s sole discretion, adequate funds are not appropriated or granted to allow the DEPARTMENT to operate as required and to fulfill its obligations under this contract or funds are de-appropriated; if funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by DEPARTMENT to make any payment hereunder are insufficient or unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; if the DEPARTMENT’s authorization to conduct its business or engage in activities or operations related to the subject matter of this contract is withdrawn or materially altered or modified; if the DEPARTMENT’s duties, programs or responsibilities are modified or materially altered; or if there is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation or order is enacted, promulgated or issued that materially or adversely affects the DEPARTMENT’s ability to fulfill any of its obligations under this contract.

9.3 The CONTRACTOR’s Termination Duties. The CONTRACTOR upon receipt of notice of termination or upon request of the DEPARTMENT, shall cease work under this contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the contract, including, without limitation, work completed, materials delivered and any other matters the DEPARTMENT may require; shall immediately cease using and return to the

DEPARTMENT any personal property or materials, whether tangible or intangible, provided by the DEPARTMENT to the CONTRACTOR; and shall comply with the DEPARTMENT’s instructions for the timely transfer of any materials provided by the CONTRACTOR under this contract. Material paid for pursuant to section 9.4 shall become the property of the DEPARTMENT and shall be disposed of as directed by the DEPARTMENT.

9.4 Following termination, the CONTRACTOR shall be entitled to compensation, upon submission of invoices and proper proof of claim, for services provided under this contract to the DEPARTMENT up to and including the date of termination. For finished portions of items canceled, the CONTRACTOR will be paid at the contract unit prices. For materials ordered and delivered for the unfinished portion of such canceled or omitted items, the DEPARTMENT will pay cost plus five percent as an overhead charge. The CONTRACTOR’S expense for work of handling or transporting such material shall be included in computing the cost. The DEPARTMENT will also pay any actual expenses sustained by the CONTRACTOR by reason of such cancellation or omission and not represented by work completed or material delivered. In computation of material cost or expenses sustained, no anticipated profit will be included.

ARTICLE 10 - INDEMNIFICATION

The CONTRACTOR agrees to indemnify and hold harmless the State and its officers, appointed and elected officials, board and commission members, employees, volunteers and agents (collectively the “Indemnified Parties”), from any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments (including, without limitation, the reasonable value of the time spent by the Attorney General’s Office, and the costs, expenses and attorneys’ fees of other counsel retained by the Indemnified Parties directly or indirectly related to, resulting from, or arising out of this contract, including but not limited to any claims related to, resulting from, or arising out of: any breach of this contract;

any negligent, intentional or wrongful act or omission of the CONTRACTOR or any agent or subcontractor utilized or employed by the CONTRACTOR; the CONTRACTOR’s performance or attempted performance of this contract, including any agent or subcontractor utilized or employed by the CONTRACTOR; or any failure by the CONTRACTOR to make all reports, payments and withholdings required by federal and state law and which are required by the CONTRACTOR to conduct business in the State of Iowa. The CONTRACTOR’s duties and obligations under this section shall survive the termination of this contract and shall apply to all acts or omissions taken or made in connection with the performance of this contract regardless of the date any potential claim is made or discovered by the DEPARTMENT or any other

Indemnified Party.

ARTICLE 11 - WARRANTY

The CONTRACTOR shall warrant that the work, for a period of one year from the date of final acceptance by the

DEPARTMENT, shall remain free from all defects in workmanship and material and that it will comply with the requirements of this contract governing the work. It is understood and agreed that in the event of defects and the necessity of making repairs to the work during the warranty period, the DEPARTMENT will notify the CONTRACTOR and provide a reasonable time to the CONTRACTOR to make such repairs. The CONTRACTOR shall submit all notices of guarantees, warranties and certificates complying with this section prior to final payment being made.

ARTICLE 12 - RIGHT TO REVIEW AND OBSERVE; ACCESS TO RECORDS

The DEPARTMENT shall have the right to review and observe, at any time, completed work or work in progress related to the contract. The CONTRACTOR shall permit the DEPARTMENT or its agents to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, reports, papers and records of the CONTRACTOR relating to orders, invoices, or payments or any other documentation or materials pertaining to this contract. Upon the request of the DEPARTMENT, the CONTRACTOR shall deliver to the DEPARTMENT or its agents said documentation or materials.

ARTICLE 13 - PUBLIC RECORDS; RECORDS RETENTION

All records created pursuant to this contract shall be public records and subject to Iowa Code chapter 22, the Iowa Open Records Law. All records created pursuant to this contract shall be submitted to the DEPARTMENT within 5 business days of its request. All records created pursuant to this contract shall be retained in accordance with the relevant state of Iowa records retention schedule.

ARTICLE 14 - SURVIVAL OF AGREEMENT

If any portion of this contract is held to be invalid or unenforceable, the remainder shall be valid and enforceable.

ARTICLE 15 - GOVERNING LAW

This contract shall be interpreted in accordance with the law of the State of Iowa, and any action relating to the contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa.

ARTICLE 16 - COMPLIANCE WITH LAWS

The CONTRACTOR agrees that, during the duration of and as a condition of the DEPARTMENT’S duty to perform under the terms of this contract, it shall be in compliance with all applicable laws and regulations of the state and federal government, including but not limited to Equal Employment Opportunity provisions, Occupational Health and Safety Act, minimum wage requirements, records retention, audit requirements, and allowable costs.

ARTICLE 17 - ASSIGNMENT AND DELEGATION

The CONTRACTOR may not assign, transfer or convey in whole or in part this contract without the prior written consent of the DEPARTMENT. For the purpose of construing this clause, a transfer of a controlling interest in the Grantee shall be considered an assignment. The CONTRACTOR may not delegate any of its obligations or duties under this contract without the prior written consent of the DEPARTMENT.

ARTICLE 18 - WRITING REQUIRED

No change, modification, or termination of any of the terms, provisions or conditions of this contract shall be effective unless made in writing and signed by the parties.

ARTICLE 19 - IMMUNITY FROM LIABILITY

Every person who is a party to the contract is hereby notified and agrees that the State, the DEPARTMENT, and all of their employees, agents, successors, and assigns are immune from liability and suit for the CONTRACTOR’s and its subcontractors’ activities involving third parties arising from the contract.

ARTICLE 20 - CERTIFICATION REGARDING SALES AND USE TAX

By executing this contract, the CONTRACTOR certifies that it is either (a) registered with the Iowa Department of

Revenue, collects and remits sales and use taxes as required by Iowa Code chapter 423; or (b) not a “retailer” or a

“retailer maintaining a place of business in this state” as those terms are defined in Iowa Code sections 423.1(47) and

(48). The CONTRACTOR also acknowledges that the DEPARTMENT may declare the contract void if the above certification is false. The CONTRACTOR also understands that fraudulent certification may result in the DEPARTMENT filing action for damages for breach of contract.

Upon execution of this contract, an Iowa Construction Sales Tax Exemption Certificate will be available upon request.

ARTICLE 21 - INDEPENDENT CONTRACTOR

The status of the CONTRACTOR shall be that of an independent contractor. The CONTRACTOR, and its employees and agents performing under this contract are not employees or agents of the State or any agency, division or department of the State. Neither the CONTRACTOR nor its employees shall be considered employees of the DEPARTMENT or the State for Federal or State tax purposes. The DEPARTMENT will not withhold taxes on behalf of the CONTRACTOR. The

CONTRACTOR shall be responsible for payment of all taxes in connection with any income earned from performing this contract.

ARTICLE 22 - USE OF THIRD PARTIES AND SUBCONTRACTORS

A) The CONTRACTOR may contract with third parties for the performance of any of Contractor’s obligations under this

Contract. All subcontractors shall be subject to prior approval by the DEPARTMENT. The DEPARTMENT’s consent shall not be deemed in any way to provide for the incurrence of any obligation of the DEPARTMENT in addition to the remuneration agreed upon in this contract;

B) If the CONTRACTOR utilizes a subcontractor or subcontractors, then the following conditions shall apply: Prior to a subcontractor working on site, the subcontractor(s) name and their Iowa Contractor Registration Number(s) must be provided to the DEPARTMENT;

C) The CONTRACTOR may enter into subcontracts to complete the work required by this contract provided that the

CONTRACTOR remains responsible for all services performed under this contract. Each subcontract shall contain provisions for the DEPARTMENT’s access to the subcontractor’s books, documents, and records and for inspections of work, as required of CONTRACTOR herein. No subcontract or delegation of work shall relieve or discharge the

CONTRACTOR from any obligation, provision, or liability under this CONTRACT. The CONTRACTOR shall remain responsible for such performance and shall be fully responsible and liable for all acts or omissions of any subcontractor;

D) All applicable restrictions, obligations and responsibilities of the CONTRACTOR under this Contract also shall apply to the subcontractors;

E) The DEPARTMENT shall have the right to request the removal of a subcontractor from the contract for good cause.

The CONTRACTOR shall indemnify, defend and hold harmless the DEPARTMENT and the State from and against any and all claims, demands, liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result of CONTRACTOR’s breach of any subcontract in which it enters, including the

CONTRACTOR’s failure to pay any and all amounts due by CONTRACTOR to any subcontractor;

F) Any action of a subcontractor, which, if done by CONTRACTOR, would constitute a breach of this contract, shall be deemed a breach by the CONTRACTOR and have the same legal effect; and

G) If delay results from a subcontractor’s conduct, from the CONTRACTOR’s negligence or fault, or from circumstances which by the exercise of reasonable diligence was reasonably foreseeable, then the CONTRACTOR shall be in default and Article 23, “Delay or Impossibility of Performance,” shall not be applicable.

ARTICLE 23 - DELAY OR IMPOSSIBILITY OF PERFORMANCE

The CONTRACTOR shall not be in default under this contract if performance is delayed or if CONTRACTOR may not reasonably perform the contract due to an act of God. In each such case, the delay or impracticability must be beyond the reasonable control and anticipation of the CONTRACTOR, and without the fault or negligence of the CONTRACTOR. If delay results from a subcontractor’s conduct, from the CONTRACTOR’s negligence or fault, or from circumstances which by the exercise of reasonable diligence the CONTRACTOR should have been able to anticipate or prevent, then the

CONTRACTOR shall be in default and this paragraph shall not be applicable. It shall be the responsibility of the

CONTRACTOR to prove that performance was delayed or impracticable within the meaning of this paragraph.

IN WITNESS WHEREOF, the parties hereto have executed this contract, as of the effective date as specified by the

Department below.

FOR THE DEPARTMENT: FOR THE CONTRACTOR:

Department Signatory, Title Legal Name of Company

Date: Signature

Printed Name

Title

Address

Date

Seal, if by a corporation

Iowa Contractor Registration No.

ATTACHMENT B

Supplemental Information

Nepple WMA Wetland Restoration – Project # 23-01-30-04

Project Description:

This project is designed to create a wetland pool area on the Nepple Wildlife Management Area (WMA), Dickinson

County, Iowa. Work under this project includes embankment (dike construction), excavation (spillway & borrow), tile investigation, tile breaks, and a water control structure with associated piping. The contractor shall provide all materials, labor, and equipment as specified below and in the plan set to complete the project.

Special Areas of concern:

It is the contractor’s responsibility to visit the project site prior to bidding to determine current site conditions and verify all dimensions. The pool area is currently drains over the surface and at the time of this document it did not have surface water. The DNR has no control to be able to manipulate the water in this basin ahead of this project so the condition at the time of construction will be weather dependent.

Access to the site is available through an existing farm entrance on 180th Ave. The contractor shall confine the access to

DNR identified two track path to minimize disturbance. It is, however, assumed that the contractor’s equipment will rut the access paths during construction. The contractor will be required to correct the rutting as part of demobilization, but will not be required to seed those areas.

For all bid items listed as “INSTALL ONLY” the IDNR will be supplying the pipe material. These materials will be delivered to the site by the DNR. All other materials and items needed for pipe connections shall be supplied by the contractor.

Project quantities have be calculated and provided in the plan set based on the best available information, but final quantities will be payed based on work completed and approved by the engineer.

Work under this project can proceed anytime following the execution of contracts. The contractor is not responsible for any additional permitting on this project, but is responsible for calling Iowa One Call prior to digging.

The contractor will be responsible for keeping the project site clean and free of unnecessary debris. The contractor will also be held responsible for any site damages beyond the scope of work due to negligence. Work to keep the site clean or to repair damage outside the project scope shall be completed at no cost to the DNR.

Special Provisions:

If the contractor would like to submit alternative products from the ones specified on the plan set or below, contact the project engineer a minimum of one week prior to the bid date and submit the alternative product information for review. If approved the alternative product will be added to the contract via addendum. Alternative products can also be added after contracting, however, there is no guarantee of approval after bids are accepted.

Embankment (Dike Fill) – Borrow for the embankments shall come from the associated pool area or as identified on the plans. No borrow shall come within the first 30’ of the upstream dike toe. Vegetation strippings shall be temporarily stockpiled in the basin area and then respreads following excavation.

The contractor can choose the type of equipment used to construct the dike, but if the inspector feels that proper compaction is not being reached, a proof roll or density test will be performed at the contractor’s expense. Once the dike is constructed to +-0.1’ of plan strippings shall be spread over the embankment to provide topsoil fit for seeding and provide overbuild for settlement.

It is expected that the dike surface, upon final construction, is smooth, uniform and ready for seeding. Any uneven areas will have to be corrected prior to acceptance of the project. Plan quantity is based on the compacted fill required to construct the dike to grade plus the 6” of strippings, plus 5% contingency. Contractors should anticipate a small amount of shrink from the in place borrow natural compaction to a compacted dike condition. This shrink will likely be covered by the contingency, but shrink will not be calculated it shall be considered incidental to the line item for Embankment.

Tile Investigation/Breaks – The contractor shall ensure that all tile investigations and breaks are completed prior to the installation of earthfill over the area. Open cutting through constructed fill areas after their completion will result in removal and reconstruction of the entire feature to ensure uniform compaction. Investigate to a minimum depth of 5 feet or as directed by the engineer.

If tile is encountered it shall be broken (PCC or VCP) and buried, or removed (plastic) starting at a point 25’ above the upstream toe of the dike. The length of any tile breaks shall be a minimum of 100’ unless otherwise directed by the engineer. The cost to complete the tile break will be paid per foot under the tile investigation line item.

Water Control Structures – The supplied primary water control structure (WCS) was manufactured by Agridrain

Corporation. See their website for installation instructions - https://www.agridrain.com/ .

Piping Specification– The CMP piping for this project shall meet the requirements of Section 4020 – 2.01 of the Iowa

SUDAS Specifications manual. All Pipe shall be 18 gauge. Pipe will be installed to line and grade on native soils (no granular bedding). The haunches and sides of the pipes shall be backfilled and compacted by hand. Machine compaction can be used once the pipe has sufficient coverage to support the equipment used.

Rodent Guards & Bar Guards - The rodent guard for this project shall be manufactured from stainless steel. The basis for design is Agridrain model #RG21SS, but any equivalent will be accepted.

The Bar Guards for this project shall be Agridrain HD Bar Guard (or equal) in Yellow. Model #BG24HDY

Bedding Stone– Material shall meet the gradation set out in section 3010-2.02 of SUDAS Standard Specifications.

Erosion Stone– The intent of the erosion stone item is to create protection for spillway erosion and to provide a stable surface for access around the intakes and the open ends of pipes. Material shall meet the gradation set out in section

4130.04 of the Iowa Department of Transportation’s Standard Specifications for Highway and Bridge Construction.

4130.04 EROSION STONE GRADATION.

Engineer will determine gradation compliance by visual inspection. After visual inspection and prior to loading, the Engineer may designate material as too fine or too coarse.

Nominal 6 inch size.

100% passing the 9 inch screen.

100% retained on the 3 inch screen.

Seeding – The contractor is responsible for seeding & straw mulching the dike and disturbed areas around the spillway.

Refer to the ERI on Sheet C.01 for the specification. The DNR will complete the seeding of any disturbed prairie or wetland areas on this project. It is expected that the contractor leave all disturbed areas such that a light disking is all that is required prior to seed application. Any rutting of areas between work areas shall also be leveled by the contractor. Seeding will occur after the contractor demobilizes.

Project Location:

This project is located on the Nepple WMA tract of land within the larger Cayler Prairie Wildlife Area. The specific work area is described as being in the SE 1/4 of Section 8, Township 99 North, Range 37 West, of Dickinson County, IA. See the project map on the plan set for more project location information.

https://www.agridrain.com/