3- 25-12_Cal883301A_&_Cal883220A_ConstructionContract_Doc_DD.pdf

Cal883301A & Cal883220A Nutrient Reduction Wetland Project DOCUMENT DD Bid No. 25-12 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 _____________, 20____, 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 01, Township 88 North, Range 33 West, Calhoun County, Iowa

Project ID: Cal883301A

AND

Section 20, Township 88 North, Range 32 West, Calhoun County, Iowa

Project ID: Cal883220A

Bid No. 25-12 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 A.1 - X.1 (25 sheets)

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)

Cal883301A & Cal883220A Nutrient Reduction Wetland Project DOCUMENT DD Bid No. 25-12 CONSTRUCTION CONTRACT

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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 September 1, 2026, and the seeding must be completed by September 15, 2026.

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 Department of Inspections, Appeals & Licensing

Public Registration No. ___________________________

END OF DOCUMENT DD

Cal883301A & Cal883220A Nutrient Reduction Wetland Project DOCUMENT EE Bid No. 25-12 PROPOSAL GUARANTEE (BID BOND)

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State of Iowa

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 Construction Contract

Section 01, Township 88 North, Range 33 West, Calhoun County, Iowa

Project ID: Cal883301A

AND

Section 20, Township 88 North, Range 32 West, Calhoun County, Iowa

Project ID: Cal883220A

Bid No. 25-12

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 , 20____, 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