Contract, Project #24-01-32-01.pdf

Iowa Department of Natural Resources Jeff Felts, Facilities Engineer

District 1 (NW) 951 Starview Dr

Hinton, IA 51024 515-250-3712 cell

January 28, 2025

Contractors, Enclosed please find a request for proposal on the FOUR MILE LAKE WPA WATER CONTROL STRUCTURE REPLACMENT project for the Iowa DNR. If you are interested, please complete the proposal and e-mail as directed. Included in the package are instructions to bidders, a sample contract, a proposal & signature page, 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.

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.11-6-2024 CRD-MANAGED CAPITAL IMPROVEMENT CONTRACT

IOWA DEPARTMENT OF NATURAL RESOURCES

GENERAL INFORMATION AND INSTRUCTIONS TO BIDDERS

FOR

FOUR MILE LAKE WPA WATER CONTROL STRUCTURE REPLACEMENT

PROJECT # 24-01-32-01

COMPETITIVE QUOTATION

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

1. In order to be considered a responsible and responsive bidder, ALL of the information requested on the proposal form, located at the end of these instructions, must be completed and received by the Iowa Department of Natural

Resources by 3:00pm, Thursday FEBRUARY 13, 2025. 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 Number, Project Name, Bid

Letting Date and Time.

Contact for the competitive quotation process is as follows:

Stephanie Graham, Purchasing Agent

6200 Park Ave Ste 200

Des Moines IA 50321 stephanie.graham@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 because the 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:stephanie.graham@dnr.iowa.gov mailto:Jeff.felts@dnr.iowa.gov

Contract No.: 24-01-32-01

IOWA DEPARTMENT OF NATURAL RESOURCES

MINOR CAPITAL 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:

Address:

Address:

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:

FOUR MILE LAKE WPA WATER CONTOL STRUCTURE REPLACEMENT – This project is designed to replace a failed 4’ round corrugated metal pipe water control structure with a new 4’x4’ precast concrete structure.

Located at: Four Mile Lake WMA in Emmet 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 & Special Provisions attached as Attachment B.

Federal Bid Documents attached as Attachment C.

Project plan set. (Attachment D, 5 pages).

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: JUNE 27, 2025.

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 not 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 5% 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 $100.00 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, Wallace State Office Building, Des Moines, Iowa, 50319. (Tel. (515) 725-8417.)

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. 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(42) and

(43). 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 IMPOSSIBLITY 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.

This contract is an EXAMPLE of the instrument the successful bidder must sign in order to perform the work under this project.

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 A

PROPOSAL

PROJECT:

FOUR MILE LAKE WPA WATER CONTROL STRUCTURE

REPLACEMENT CONTRACT NO.: 24-01-32-01

LOCATION: FOUR MILE LAKE WPA, EMMET CO.

UNIT PRICE* AMOUNTITEM

NO.

DESCRIPTION EST. QUANTITY

DOLLARS CENTS DOLLARS CENTS

1 MOBILIZATION LUMP SUM

2 REMOVALS LUMP SUM

3 DEWATERING LUMP SUM

4 15” DUAL WALL HDPE PIPE (NON PERF) 2O LF

5 TILE FIELD CONNECTION (CONCRETE COLLAR) 2 EACH

6 4’X4’ PRECAST PCC BOX WITH BASE LUMP SUM

STOPLOG CHANNEL – DUAL 3”X3”X1/4”

ALUMINUM ANGLES 25 LF

STRUCTURE COVER – GRATED LID WITH

ACCESS DOOR LUMP SUM

9 ALUMINUM STOPLOGS LUMP SUM

10 STOPLOG STORAGE BOX LUMP SUM

11 GRANULAR BASE 10 TN

12 GRANULAR PIPE BACKFILL 6 TN

13 SITE RESTORATION LUMP SUM

*Unit Prices Prevail

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

Iowa Contractor Registration Number Phone No. Fax No.

Email Address

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

Subcontract Information

Name

Iowa Contractor

Registration Number Email Address

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

ATTACHMENT B

SUPPLEMENTAL INFORMATION & SPECIAL PROVISIONS

FOUR MILE WMA WATER CONTROL STRUCTURE REPLACEMENT – PROJECT # 24-01-32-01

Project Description:

This project is designed to replace an inline water control structure on a tile located within the Four Mile Wetland

Protection Area, Emmet County, Iowa. Work under this project includes removal of the existing CMP structure, installation of a new 4’x4’ precast vertical box, a small amount of tile work with connections, and some steel fabrication work. The contractor shall provide all materials, labor, and equipment as specified to complete the project as specified below and in the contract documents.

Special Areas of concern:

It is the contractor’s responsibility to visit the project site prior to bidding to determine current site conditions. The stoplogs have been remove from the existing structure to facilitate dewatering over the winter, but no guarantee of water levels can be made. The DNR will continue to dewater until the project complete. Contractors are asked to use the access route identified in the plans to minimize damage to the prairie.

Work under this project may proceed any time after contracts are executed. The DNR’s will provide any wanted staking for this project. Please contact the project engineer as far in advance of the project start date as possible to allow time to coordinate the staking.

The contractor will be responsible for calling Iowa One Call prior to digging.

Work under this contract shall follow the specifications set forth in the Iowa Statewide Urban Design Manual (SUDAS) and the special provisions contained herein.

IDNR Special Provisions:

Dewatering – It is anticipated that the excavation will encounter groundwater and need to be dewatered to facilitate construction. Dewatering methods shall be of the contractors choosing, but the outfall of any pumped or rerouted water shall be protected so that erosion and/or sediment movement is controlled. If the water is pumped onto the surface and it contains suspended sediment the engineer may require containment to allow for sediment to settle and not move downstream. At no point shall any dewatering be pumped directly to the county ROW or culvert.

15” Dual Wall HDPE Pipe – All tubing shall be non-perforated HDPE tubing meeting the requirements of ASTM F667.

Tubing shall be installed in a 36” wide trench with 6” of bedding material under the pipe. Bedding material shall be shaped to match the profile of the pipe and be smooth and consistent. The pipe shall be backfilled with granular material to an elevation of 1’ over the top of the pipe per SUDAS Figure 3010.103.

4’x4’ Precast Box with Base – This line item shall consist of furnishing and installing the structure as shown in the drawings. The box design shall meet IDOT specifications for strength and reinforcement placement. The lower box section shall have an integrally poured base with dimensions as shown on the plans. All joints and lifting holes shall be primed and sealed prior to backfill. Pipe connections shall be made with boot style connections cast into the structure at the elevations shown. The Pipe shall be fully grouted in place on the interior of the box, and the base shall be ground or grouted as necessary to ensure the bottom stop log is watertight. Backfill shall be done in lifts and compacted to approximately the same density of the surrounding soils. Compaction testing will not be required if the engineer witnesses the backfill.

Steel and Aluminum Components – Bid items 7,8,9,& 10 include the supply and installation of steel and aluminum components of the structure. See the plan set for specific requirements of each component. Components manufactured for specific fitment shall be field measured prior to being constructed to ensure field modification are kept to a minimum. All Steel components shall be galvanized prior to installation.

Granular Base – The bedding material used under the structure and the tile shall be a Class I bedding material that meets the gradation of SUDAS specification 3013-2.02. The material shall be installed and compacted per the same specification. Material quantity will be paid per TN as verified with certified scale tickets.

Granular Backfill – Backfill for the pipe shall be Class F-3 as shown in SUDAS figure 3013.103. The backfill material shall be natural pea rock, and not the Class I material shown on the drawing. The amount of material estimated is for a 36” wide trench backfilled to 12” above the pipe. This is the basis for payment, if the contractor is careless with the width or the depth of the backfill it will be paid at plan quantity. If the backfill is done per specification it will be paid per TN as verified with certified scale tickets.

Site Restoration – This bid item shall cover the cost for all finish grading and preparing all disturbed areas for seeding.

This also includes any finish grading to disturbance in the granular surface of the staging area. The DNR will complete the seeding for this project on about the day of completion. Disturbance will include access pathways, and any other areas the DNR feels activity has killed the existing vegetation.

Project Location:

Specifically this project is located on the Howard Tract of land located within the Four Mile Wetland Protection Area

(WPA). This is about ¼ mile east of the Estherville Country Club on Hwy A22 (170th St). The project location is described as being in the SW ¼, of the SE ¼, Section 8, T99N, Range 34W, Emmet County, Iowa. See the location map in the plan set for more information.

Federal Forms:

This is a federally funded project and therefore all EPA forms that apply to your company need to be completed and submitted with your bid. Please read, verify, and sign all of the attached EPA forms that pertain to you and your company. The DNR will not award a contract until these documents are signed, received in original form, and verified.

Please Review and Sign the Following Documents:

00310 Certification Regarding Debarment, Suspension and Other Responsibility Matters (Signed form Required)

00320 Minority/Women’s Business Enterprise (Complete the Minority and Women’s Business Enterprise Utilization

Worksheet) The completion of this worksheet will serve as evidence of your honest/good faith efforts in contacting and/contracting MBEs and WBEs, collectively known as Disadvantaged Business Enterprises (DBEs), as subs on this project, if utilizing subs.

*It is the EPA’s policy that good faith efforts are made to ensure that certified DBEs have the opportunity to compete for procurements funded by EPA financial assistance funds of which this project is receiving.

00321 Guidance for Minority/Women’s Business Enterprise (Review this Information and pay close attention to the

‘Bidder and Offeror Responsibilities’ section)

00330 Certification of Non-segregated Facilities (Signed form required)

00340 Certification Regarding Lobbying (Signed form required)

00350 Instructions for Disclosure of Lobbying (Please Disclose Lobbying Activities, if Apply)

ATTACHMENT C

FEDERAL BID DOCUMENTS

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILIY MATTERS 00310-1

EPA Project Control Number

United State Environmental Protection Agency

Washington, DC 20460

Certification Regarding

Debarment, Suspension, and Other Responsibility Matters EPA Form 5700-49 (11-83)

The prospective participant certifies to the best of its knowledge and belief that it and its principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agencies.

b. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of

Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

d. Have not within a three-year period preceding this application/proposal had one or more public transaction

(Federal, State, or local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine up to $10,000 or imprisonment for up to 5 years, or both.

Type Name & Title of Authorized Representative

Signature of Authorized Representative

Date

I am unable to certify to the above statements. My explanation is attached.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILIY MATTERS 00310-2

Instructions

Under Executive Order 12549, an individual or organization debarred or excluded from participation in Federal assistance or benefit programs may not receive any assistance award under a Federal program, of a sub agreement thereunder for $25,000 or more.

Accordingly, each prospective recipient of an EPA grant, loan, or cooperative agreement and any contract or sub agreement participant thereunder must complete the attached certification or provide an explanation why they cannot.

For further details, see 40 CFR 32.510, Participants' responsibilities, in the attached regulation.

Where To Submit

The prospective EPA grant. loan, or cooperative agreement recipient must return the signed certification of explanation with its application to the appropriate EPA Headquarters or Regional office, as required in the application instructions.

A prospective prime contractor must submit a completed certification or explanation to the individual or organization awarding the contract.

Each prospective subcontractor must submit a completed certification or explanation to the prime contractor for the project.

How To Obtain Forms:

EPA includes the certification form, instructions, and a copy of its implementing regulation (40) CFR Part 32) in each application kit. Applicants may reproduce these materials as needed and provide them to their prospective prime contractors, who, in turn may reproduce and provide them to prospective subcontractors.

Additional copies/assistance may be requested from:

Compliance Branch

Grants Administration Division (PM-216F)

US Environmental Protection Agency

401 M St SW

Washington DC 20460

(Telephone: 202-475-8025)

MINORITY/WOMEN BUSINESS ENTERPRISE 00320-1

EPA Region VII Procedures for Implementation of 40 CFR Part 33.240 (Minority Business Enterprise/Women’s Business Enterprise)

The following information must be contained in solicitation documents for construction contracts and engineering agreements pursuant to 40 CFR Part 33.240)

Each bidder/offeror must fully comply with the requirements, terms, and conditions of EPA’s policy to award a fair share of sub agreements to minority and women’s businesses. The bidder/offeror commits itself to taking affirmative steps contained herein. Bidders/offerors will take affirmative steps prior to submission of bid/proposal.

Affirmative Steps

A. When feasible, segmenting total work requirements to permit maximum MBE/WBE participation.

B. Assuring that MBEs and WBEs are solicited whenever they are potential sources of goods or services. This step may include:

1. Sending letters or making other personal contacts with MBEs and WBEs, (e. g. those whose name appear on lists prepared by EPA or the grantee and other MBE/WBEs known to the bidder/offeror.) MBEs and WBEs should be contacted when other potential subcontractors are contacted, within reasonable time (fifteen days) prior to bid submission or closing date for receipt of initial offers. Those letters or other contacts should communicate the following:

a. Specific description of the work to be subcontracted;

b. How and where to obtain a copy of the drawings and specifications or other detailed information needed to prepare a detailed price quotation;

c. Date the quotation is due to the bidder/offeror;

d. Name, address, and phone number of the person in the bidder/offeror’s firm whom the prospective

MBE/WBE subcontractor should contact for additional information.

2. Sending letters or making other personal contacts with local, state, federal and private agencies and

MBE/WBE associations relevant to the project. Such contacts should provide the same information provided in the direct contacts to MBE and WBE firms.

C. Where feasible, establishing delivery schedules which will encourage participation by MBE and WBEs.

Determination of Compliance

It is to be noted that bidders/offerors must demonstrate compliance with MBE/WBE requirements in order to be deemed responsible. Demonstration of compliance shall include, but is not limited to, the following information:

1. Names, addresses and phone numbers of MBE/WBEs expected to perform the work;

2. Work to be performed by MBEs and WBEs;

3. Aggregate dollar amount of work to be performed by MBEs and WBEs, showing aggregate to MBEs and aggregate to WBEs separately;

4. Description of contacts to MBE and WBE organizations, agencies and associations which serve MBE/WBEs, including names of organizations, agencies and associations and dates of contacts;

5. Description of contacts to MBEs and WBEs, including number of contacts, fields, (i. e. equipment or material supplier, excavator, transport services, electrical subcontractors, plumbers, etc.) and dates of contacts.

All bidders/offerors should complete the Minority and Women’s Business Enterprise Utilization Worksheet and submit to the grantee prior to contract award.

(Grantee may establish alternative methods of compliance equivalent to or more stringent than the above.)

MINORITY/WOMEN BUSINESS ENTERPRISE 00320-2

MINORITY, WOMEN’S AND SMALL RURAL BUSINESS ENTERPRISE WORKSHEET

Grant Applicant: Project No.:

Contractor/Engineer:

Address:

Contact Person: Telephone No.:

Amount of Contract: MBE Percentage: WBE Percentage:

1. MBE Subcontractor: WBE:

Address:

Contact Person: Telephone No.:

Amount of Subcontract:

Scope of Work:

2. MBE Subcontractor: WBE:

Address:

Contact Person: Telephone No.:

Amount of Subcontract:

Scope of Work:

3. MBE Subcontractor: WBE:

Address:

Contact Person: Telephone No.:

Amount of Subcontract:

Scope of Work:

4. MBE Subcontractor: WBE:

Address:

Contact Person: Telephone No.:

Amount of Subcontract:

Scope of Work:

MINORITY/WOMEN BUSINESS ENTERPRISE 00320-3

5. MBE Subcontractor: WBE:

Address:

Contact Person: Telephone No.:

Amount of Subcontract:

Scope of Work:

6. MBE Subcontractor: WBE:

Address:

Contact Person: Telephone No.:

Amount of Subcontract:

Scope of Work:

Comments:

Prepared By Telephone No. Date

GUIDANCE FOR MINORITIY/WOMEN’S BUSINESS ENTERPRISE REQUIREMENT 00321-1

GUIDANCE FOR MINORITY BUSINESS ENTERPRISE AND WOMEN’S BUSINESS ENTERPRISE

REQUIREMENT OF 40 CFR 31.36(e)

I. PURPOSE

This guidance is to assist States, EPA assistance recipients, prime contractors, consultants, minority business owners and women’s business owners in complying with EPA’s Minority Business Enterprise (MBE) and Women’s Business Enterprise

(WBE) requirements in the Agency’s procurement regulations, 40 CFR Part 31. This guidance provides suggestions for carrying out the affirmative steps included in EPA procurement regulations. Also included is a description of activities to be undertaken by EPA or delegated States, as well as suggestions for MBE/WBEs to take in pursuing opportunities for work in EPA-funded projects.

II. DEFINITIONS

A. Minority Business Enterprise (MBE): A minority business enterprise is a business which is

1. certified as socially and economically disadvantaged by the Small Business Administration;

2. certified as a minority business enterprise by a State or Federal agency; or

3. an independent business concern which is at least 51 percent owned and controlled (as defined below) by minority group member(s). A minority group member is an individual who is a citizen of the

United States and one of the following:

a. Black American

b. Hispanic American (with origins form Puerto Rio, Mexico, Cuba, South or Central

America)

c. Native American (American Indian, Eskimo, Aleut, native Hawaiian)

d. Asian-Pacific American (with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the US Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan or the

Indian Subcontinent)

B. Women’s Business Enterprise (WBE): A women’s business enterprise is a business which is certified as such by a

State or Federal agency, or which meets the following definition:

A women’s business enterprise is an independent business concern which is at least 51 percent owned by a woman or women who also control and operate it. Determination of whether a business is a least 51 percent owned by a woman or women shall be made without regard to community property laws. For example, an otherwise qualified WBE which is 51 percent owned by a married woman in a community state will not be disqualified because her husband has a 50 percent interest in her share. Similarly, a business that is 51 percent owned by a married man and 49 percent owned by an unmarried woman will not become a qualified WBE by virtue of his wife’s 50 percent interest in his share of the business.

C. Ownership and Control:

1. The minority of women’s ownership’s interest in the firm must be real, substantial and continuing.