Bid Book.pdf

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Wright Co. 2026 Batch and Build EOF Project
Solicitation number
EOF 2026-03
Issued by
Wayne County, Iowa

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Wright Co. 2026 Batch and Build Edge-of-Field Project Construction Contract

This is a bid book and construction contract for the Iowa Department of Agriculture and Land Stewardship (IDALS), Division of Soil Conservation and Water Quality, for the Wright County 2026 Batch and Build Edge-of-Field Project. The project encompasses construction of 4 bioreactors and 7 saturated buffer structures in Wright County, Iowa, with an estimated cost range of $165,000 to $185,000. Work includes excavation, earthwork, grading, mobilization, and seeding. Major materials include water control structures (WCS) in various configurations, woodchips (532 cubic yards), geotextile fabric (373 square yards), perforated and non-perforated piping (over 11,000 linear feet combined), corrugated metal pipe conduits (240 linear feet), and plastic pipe components. Sealed bids are due by 3:00 PM on October 6, 2026, through the Iowa Management of Procurement and Contracts System (IMPACS). A non-mandatory pre-bid conference is scheduled for 11:00 AM on September 22, 2026, at Iowa State University Extension and Outreach in Clarion, Iowa. The successful bidder must complete all work except seeding by June 1, 2027, with seeding also due by June 1, 2027. The contract will be awarded to the lowest responsible bidder as determined by IDALS.

Bidders must submit a bid bond (proposal guarantee) equal to ten percent of the base bid and provide evidence of Iowa Department of Inspections, Appeals & Licensing registration. The successful bidder must furnish a Performance Bond equal to 100 percent of the contract price within fourteen days of Notice-of-Award and execute the contract, obtain insurance coverage, and complete the Construction Progress Schedule within the same period. Liquidated damages are assessed at $175.00 per day for all work except seeding and $125.00 per day for seeding if completion dates are not met. Materials are exempt from sales and use tax, with the contractor receiving a Sales Tax Exemption Certificate specific to the contract. The contract documents include specifications for site preparation, structure removal, pollution control, seeding and mulching, mobilization, tile drain investigation, water removal, excavation, earthfill, topsoiling, plastic pipe installation, tile drains, corrugated metal pipe, geotextile fabric, saturated buffer systems, denitrifying bioreactors, and underground outlet structures. Construction must commence within fourteen days of the Preconstruction Conference, which must occur within fourteen days prior to the approved Construction Start Date.

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STATE OF IOWA

DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

DIVISION OF SOIL CONSERVATION AND WATER QUALITY

Wright Co. 2026

BATCH AND BUILD EDGE-OF-FIELD

PROJECT

CONSTRUCTION CONTRACT

BID NO. EOF 2026-03

WRIGHT COUNTY, IOWA

PREPARED FOR: IOWA DEPARTMENT OF AGRICULTURE & LAND STEWARDSHIP

HOOVER STATE OFFICE BUILDING

1305 EAST WALNUT STREET

DES MOINES, IOWA 50319

PREPARED BY: IDALS

1305 E. WALNUT ST

DES MOINES, IA 50319

515-336-4697

September 2026 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 1-6 DOCUMENT DD Construction Contract DD 1-2 DOCUMENT EE Proposal Guarantee (Bid Bond) EE 1 DOCUMENT FF General Conditions FF 1-28 DOCUMENT GG Special Conditions GG 1-3 DOCUMENT NN Performance Bond NN 1-3

CONSTRUCTION SPECIFICATIONS

SPEC PAGES

IA CS-001 Site Preparation (2013) 2-3 IA CS-003 Structure Removal (2011) 4-5 IA CS-005 Pollution Control (2011) 6-8 IA CS-006 Seeding and Mulching (2011) 9-14 CS-008 Mobilization and Demobilization (2001) 15-16 IA CS-009 Subsurface Drain Investigation (2014) 17-19 IA CS-011 Removal of Water (2011) 20-21 IA CS-021 Excavation (2013) 22-23 IA CS-023 Earthfill (2025) 24-27 IA CS-026 Topsoiling (2011) 28-29 IA CS-045 Plastic Pipe (2025) 30-34 IA CS-046 Tile Drains for Land Drainage (2025) 35-38 IA CS-051 Corrugated Metal Pipe Conduits (2011) 39-42 IA CS-095 Geotextile (2018) 43-47 IA PS-604 Saturated Buffer (2022) 48-51 IA PS-605 Denitrifying Bioreactor (2022) 52-55 IA PS-620 Underground Outlet (2024) 56-60

PLANS PLAN PAGES

Site 1 1-25 Site 2 26-44 Site 3 45-52 Site 4 53-59

APPENDIX I – ADDENDA & BID TAB

[Addenda and bid tab to be added after bidding]

APPENDIX II –

CONSTRUCTION

ii

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 1-2 DOCUMENT QQ Example Iowa Sales & Use Tax Form QQ 1

GENERAL REQUIREMENTS

Wright Co. 2026 Batch and Build Edge-of-Field Project DOCUMENT AA

Bid No. EOF 2026-03 NOTICE-TO-BIDDERS

AA-1

NOTICE-TO-BIDDERS

Wright Co. 2026 Batch and Build Edge-of-Field Project Wright County, Iowa

Sealed bids will be received by the Iowa Department of Agriculture & Land Stewardship, Division of Soil Conservation and Water Quality (Division), via the Iowa Management of Procurement and Contracts System (IMPACS), until 3:00 PM local time, on Tuesday, October 6, 2026. The bid opening, open to the public, will be held through IMPACS at 3:00 PM local time, on Tuesday, October 6, 2026, when bids will be read aloud. Interested parties may call in to hear the bid opening using the Microsoft Teams call-in number: 1-469-998-7627 code:484912548#. 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 Department of Inspections, Appeals & Licensing.

This project includes 4 bioreactors and 7 saturated buffer structures located in Wright County, Iowa. The estimated cost range for this project is $165,000-$185,000. Some of the materials required for this project include: water control structures (WCS), woodchips, geotextile fabric, perforated and non-perforated piping, outlet structures, amidst other items. In general, the work involves, and is not limited to, excavation, earthwork, grading, mobilization, and seeding.

A pre-bid conference will be held at 11:00 AM, on September 22, 2026 at the Iowa State University Extension and Outreach - Wright County, 2302 Madison Ave B, Clarion 50525. 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 Jeremy Bril, P.E., IDALS, 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 available through the website links - https://iowaagriculture.gov/dscwq/requests-proposals and https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=DASIowa. 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) 322-9073, or by e-mail: emalyn.polz@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 Emalyn Polz, Division (emalyn.polz@iowaagriculture.gov), or (515) 322-9073. 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. 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 Inspections, Appeals, & Licensing 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. Construction shall commence within 14 days after the Preconstruction Conference.

Questions concerning the Plans and Construction Specifications should be in writing and addressed to Jeremy Bril, P.E., Jeremy.Bril@IowaAgriculture.gov, and must copy Emalyn Polz, Division, emalyn.polz@iowaagriculture.gov. All other questions concerning other Contract Documents should be addressed to Emalyn Polz, Division, emalyn.polz@iowaagriculture.gov or (515) 322-9073. To be considered in a final addendum, written questions must be received by 3:00 PM on September 29, 2026.

The Division reserves the right to reject any or all proposals and to waive technicalities and irregularities.

To register and learn about IMPACS, go to:

https://das.iowa.gov/state-employees/procurement/iowa-management-procurement-and-contracts-system-impacs

END OF DOCUMENT AA

Wright Co. 2026 Batch and Build Edge-of-Field Project DOCUMENT AA

Bid No. EOF 2026-03 NOTICE-TO-BIDDERS

AA-1

Wright Co. 2026 Batch and Build Edge-of-Field Project DOCUMENT BB

Bid No. EOF 2026-03 INSTRUCTION-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-2

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-3

12 QUESTIONS AND ADDENDA BB-4

13 PRECONSTRUCTION CONFERENCE BB-4

14 SUMMARY OF BID SUBMITTAL REQUIREMENTS BB-4

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 Department of Inspections, Appeals & Licensing.

♦ 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, as well as on IMPACS:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=DASIowa. 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 these websites 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.

These documents can 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

Interested bidders shall only submit bids on IMPACS. All required documents must be submitted on IMPACS for the bid to be opened. These documents include: the Bid Submittal Authorization Form, acknowledgment of all issued addenda, and the Bid Bond as specified in Section 06. The bid itself will be entered and calculated via the ‘Items’ feature within IMPACS. All bids must be submitted with any modifications prior to the time and date noted for bid submission. A legally authorized representative of the bidder shall sign 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.

BB-3

If the Bid Bond is not required to be forfeited, checks will be returned to the bidders. Bidders choosing to submit a certified check or cashier’s check will be required to upload a statement indicating intent to submit either a certified check or cashier’s check. The check must be physically delivered to the Division no later than three hours prior to the bid deadline.

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 Inspections, Appeals, & Licensing 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.

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.

BB-4

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 Emalyn Polz, Division, emalyn.polz@iowaagriculture.gov or

(515) 322-9073.

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), and to submit the form on IMPACS prior to the date and time of the bid opening.

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 fourteen (14) 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.

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 the minimum amount of ten percent (10%) of the total base bid amount. Bid security can be submitted in one of two ways:

1. SURETY BOND uploaded to IMPACS- (Executed by a corporation authorized to contract as Surety in the State of Iowa - Use Document EE attached), OR;

2. CERTIFIED CHECK OR CASHIER'S CHECK delivered to IDALS- (Drawn on a bank in the State of Iowa, or a bank chartered under the laws of the United States)

Bidders choosing to submit a surety bond will be required to complete and submit the form included in Document EE of the bid package. This completed form must be submitted in IMPACS as part of the full proposal. Bidders who do not complete the form in full or do not submit the completed form in IMPACS will be disqualified from the bidding process.

Bidders choosing to submit a certified check or cashier’s check will be required to upload a statement in IMPACS indicating intent to submit either a certified check or cashier’s check. The check must be physically delivered to IDALS no later than three hours prior to the bid deadline. The bidder will be solely responsible for ensuring this deadline is satisfied. Failure to satisfy all these conditions will result in disqualification of the bid in question.

BB-5

B. Bid Documents

The following items from the Proposal and Schedule of Prices (Document CC) shall be completed and signed:

1. IMPACS ‘Items’ from the Proposal and Schedule of Prices

a. Items from the Schedule of Prices shall be submitted under ‘Items’ in IMPACS to include unit prices with the total bid amount.

2. Affidavit notarizing signature of bidder

a. IMPACS question for affidavit signature shall be submitted prior to specified bid opening date and time.

3. Acknowledgement of Addenda

a. IMPACS question for addenda shall be submitted prior to specified bid opening date and time.

THE BID CANNOT BE READ IF ANY OF THESE DOCUMENTS ARE OMITTED 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

Wright Co. 2026 Batch and Build Edge-of-Field Project DOCUMENT CC

Bid No. EOF 2026-03 PROPOSAL AND SCHEDULE OF PRICES

CC-1

Time and Date for Bid Submissions: 3:00 PM, 10/6/2026 Via IMPACS:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=DASIowa

Time and Date of Bid Opening: 3:00 PM, October 6, 2026

Bid Opening Teleconference: 1-469-998-7627 code:484912548#

Project Description and Location: Wright Co. 2026 Batch and Build Edge-of-Field Project Wright 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

June 1, 2027

$175.00 Per Day

Seeding

June 1, 2027

$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;

• 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.

CC-2

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

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 ________________________________, 20______

(Signed, Notary)

My Commission Expires _______________, 20______

CC-4

SCHEDULE OF PRICES

Wright Co. 2026 Batch and Build Edge-of-Field Project Contract No. EOF 2026-03 Wright County, Iowa

Name of Bidder: _______________________________

Bioreactor and Saturated Buffer Installations

Item No. Work or Material Spec No.

Estimate d

Quantity Unit Unit Price Total

1 Seeding IA-6; IA-342 2 AC

2 Mobilization and Demobilization CS-8 1 LS

3 Tile Investigation IA-9 18 HR

4 Water Level Control Structure (WCS) - 3 compartment 5' X 10" Dia. IA-PS-604 1 EA

5 Water Level Control Structure (WCS) - 2 compartment 4' X 6" Dia.

IA-PS-604; IA-

PS-605

2 EA

6 Water Level Control Structure (WCS) - 2 compartment 4' X 8" Dia. IA-PS-604 2 EA

7 Water Level Control Structure (WCS) - 2 compartment 5' X 6" Dia. IA-PS-604 1 EA

8 Water Level Control Structure (WCS) - 2 compartment 5' X 8" Dia. IA-PS-604 1 EA

9 Water Level Control Structure (WCS) - 2 compartment 6' X 12" Dia. IA-PS-604 1 EA

10 Water Level Control Structure (WCS) - 2 compartment 6' X 6" Dia.

IA-PS-604; IA-

PS-605

4 EA

11 Water Level Control Structure (WCS) - 2 compartment 6' X 8" Dia. IA-PS-604 1 EA

12 Water Level Control Structure (WCS) - 2 compartment 7' X 10" Dia. IA-PS-604 1 EA

13 Water Level Control Structure (WCS) - 2 compartment 7' X 8" Dia.

IA-PS-604; IA-

PS-605

1 EA

14 Water Level Control Structure (WCS) - 2 compartment 8' X 6" Dia.

IA-PS-604; IA-

PS-605

1 EA

15 Water Level Control Structure (WCS) - 2 compartment 8' X 8" Dia. IA-PS-604 2 EA

16 Water Level Control Structure (WCS) - 3 compartment 4' X 8" Dia. IA-PS-604 1 EA

17 Wood Chips (delivered and placed) IA-605 532 CY

18 Excavation IA-21 558 CY

19 Earthfill IA-23 485 CY

CC-5

20 Fiberglass Marker Flag IA-PS-604; IA-

PS-605

37 EA

21 Class II Nonwoven Geotextile Fabric (Type IV)

IA-95; IA-PS-

373 SY

22 Black Plastic, 4mil IA-605 606 SY

23 6" Cap IA-45; IA-46 23 EA

24 6"x 6" Y IA-45; IA-46 1 EA

25 6" x 6" x 6" T IA-45; IA-46 9 EA

26 6"x 6" x 8" T IA-45; IA-46 1 EA

27 8"x 8"x 6" T IA-45; IA-46 7 EA

28 10"x 10"x 6" T IA-45; IA-46 1 EA

29 12"x 12"x 6" T IA-45; IA-46 2 EA

30 10"x 10"x 6"x 6" Cross IA-45; IA-46 1 EA

31 8"x 8"x 6"x 6" Cross IA-45; IA-46 2 EA

32 6" Dia. Perforated Tile CPT IA-45; IA-46 9326 LF

33 6" Dia. Non-Perforated Tile CPT IA-45; IA-46 462 LF

34 8" Dia. Non-Perforated Tile CPT IA-45; IA-46 582 LF

35 10" Dia. Non-Perforated Tile CPT IA-45; IA-46 136 LF

36 12" Dia. Non-Perforated Tile CPT IA-45; IA-46 62 LF

37 6" CMP w/ Animal Guard IA-46; IA-51 60 FT

38 8" CMP w/ Animal Guard IA-46; IA-51 120 FT

39 10" CMP w/ Animal Guard IA-46; IA-51 40 FT

40 12" CMP w/ Animal Guard IA-46; IA-51 20 FT

41 Field Connection IA-45; IA-46 2 EA

Remove, Salvage, and Re-Install Existing Water Control Structure (WCS)

- 2 compartment 6'x6" Dia.

IA-003; IA-PS-

1 EA

TOTAL From this Section

TOTAL BASE BID………………………………………………………………………………………$________________

CC-6

END OF DOCUMENT CC

Worksheet purposes only. Bids will only be accepted through the online Iowa Management of Procurement & Contracts System (IMPACS).

To register and learn about IMPACS, go to:

https://das.iowa.gov/state-employees/procurement/iowa-management-procurement-and-contracts-system-impacs

Wright Co. 2026 Batch and Build Edge-of-Field Project DOCUMENT DD

Bid No. EOF 2026-03 CONSTRUCTION CONTRACT

DD-1

State of Iowa Iowa Department of Agriculture and Land Stewardship

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:

Batch and Build Edge-of-Field Project Construction Contract Wright County, Iowa Project ID: Wright Co. 2026 Bid No. EOF 2026-03 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. 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

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)

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

Wright Co. 2026 Batch and Build Edge-of-Field Project DOCUMENT DD

Bid No. EOF 2026-03 CONSTRUCTION CONTRACT

DD-2

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 fourteen (14) 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 June 1, 2027, and the seeding must be completed by June 1, 2027.

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

Wright Co. 2026 Batch and Build Edge-of-Field Project DOCUMENT EE

Bid No. EOF 2026-03 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:

Batch and Build Edge-of-Field Project

Wright County, Iowa Project ID: Wright Co. 2026 Bid No. EOF 2026-03

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

Wright Co. 2026 Batch and Build Edge-of-Field Project DOCUMENT FF

Bid No. EOF 2026-03 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-10

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-11

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-12

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-13

3-20 ORAL AGREEMENTS: FF-13

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-15

4-04 CHANGED CONDITIONS: FF-15

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-17

FF-3

5-03 MATERIALS FURNISHED BY CONTRACTOR: FF-17

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-19

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-22

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-23

6-10 USE AND OCCUPANCY PRIOR TO COMPLETION OF CONTRACT: FF-23

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-24

7-04 PROGRESS PAYMENTS/RETAINED PERCENTAGE: FF-24

7-05 DIVISION'S ACTION ON AN APPROVED REQUEST FOR PAYMENT: FF-26

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-27

7-13 RELEASE OF LIENS: FF-27

7-14 FINAL ACCEPTANCE AND FINAL PAYMENT: FF-27

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-28

FF-4

7-18 CUMULATIVE RIGHTS: FF-28

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

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), 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

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).

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, via e-mail 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…

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