| Agency: | State Government of Iowa |
|---|---|
| State: | Iowa |
| Type of Government: | State & Local |
| NAICS Category: |
|
| Posted Date: | Jul 8, 2026 |
| Due Date: | Jul 23, 2026 |
| Solicitation No: | 23-01-30-04 |
| Original Source: | Please Login to View Page |
| Contact information: | Please Login to View Page |
| Bid Documents: | Please Login to View Page |
Iowa Department of Natural Resources
Jeff Felts, Facilities Engineer
District 1 (NW)
951 Starview Dr
Hinton, IA 51024
515-250-3712
July 8, 2026
Contractors,
Enclosed please find a request for proposal on the Nepple WMA Wetland Restoration project at the
Great Lake Wildlife Unit in Dickinson County. If you are interested, please complete the proposal and
e-mail as directed. Included in the package are instructions to bidders, the proposal page (Attachment
A), a sample contract, and information specific to the project.
Please follow the instructions carefully in preparing the documents and note the emailing instructions.
Electronic signatures are acceptable, and no bid bond is required. A performance bond will be needed
at the time of contracting for the successful low bidder if the total cost exceeds $25,000.
Any questions can be directed to me at the above cell phone number. Bid results will be posted on the
IDNR website (https://programs.iowadnr.gov/engreal/projectlist.asp) as soon as the bids are verified.
Sincerely,
____________________________________
Jeff Felts, P.E.
Facilities Engineer
Iowa Department of Natural Resources
IOWA DEPARTMENT OF NATURAL RESOURCES
GENERAL INFORMATION AND INSTRUCTIONS TO BIDDERS
FOR
GREAT LAKES WILDLIFE UNIT
NEPPLE WMA WETLAND RESTORATION
PROJECT # 23-01-30-04
COMPETITIVE QUOTATION
Please read and familiarize yourself with all of these Instructions before preparing your proposal.
1. To be considered a responsible and responsive bidder, all the information requested on the Proposal Form
(Attachment A) must be completed and received by the Iowa Department of Natural Resources by 3:00pm on
7/23/26. If you are signing on behalf of a corporation, include your title in the signature line. Keep a copy of the
proposal as your record of your submitted proposal.
2. Email your proposal to constructionbids@dnr.iowa.gov. All proposals must be submitted electronically. No paper
proposals will be accepted. Include the following information in the subject line: Project Name, Contract Number,
and Bid Letting Date.
Contact for the competitive quotation process is as follows:
Darin Galbraith, Procurement Specialist
constructionbids@dnr.iowa.gov
515-344-0055
Contact for questions on plans and specifications is as follows:
Jeff Felts, District Engineer
951 Starview Dr.
Hinton, IA 51024
Jeff.felts@dnr.iowa.gov
515-250-3712
3. DO NOT alter the proposal with alternates, qualifications, reservations, or stipulations. If the bid is not a lump sum,
clearly identify unit prices. In event of any inconsistency between the Proposed Bid Total and the bid total derived
from provided unit prices, unit prices will prevail. (See Article 4.)
4. Your proposal will be audited, extensions and totals verified, and notification of decision of award will be made
promptly after the closing date for receipt of proposals shown above. The lowest responsive, responsible bidder will
be eligible for award of a subsequent contract. The DEPARTMENT reserves the unconditional right not to award a
contract for the project described in these instructions and related attachments.
5. Both successful and unsuccessful bidders will be notified of the result of the bidding. If you are the successful bidder,
an award letter and contract documents will be sent to you with detailed instructions for completion. By submitting
a proposal, you agree and understand that acceptance of your proposal by the DEPARTMENT constitutes a binding
agreement to enter into a contract and that the offer contained in your proposal shall be valid for a period of 45
days from the deadline for submission of proposals.
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| ITEM NO. | DESCRIPTION | ESTIMATED QUANTITY | UNIT PRICE* | AMOUNT | ||
|---|---|---|---|---|---|---|
| DOLLARS | CENTS | DOLLARS | CENTS | |||
| 1 | Mobilization | 1 LS | ||||
| 2 | Embankment Construction - Dike Fill | 1,500 CY | ||||
| 3 | Tile Investigation | 200 LF | ||||
| 4 | Agri Drain WCS (24" Inlet, 18" Outlet, 8' Tall) - INSTALL ONLY | 1 EA | ||||
| 5 | 4'x4' Anti-Seep Collar (18" Pipe) | 1 EA | ||||
| 6 | 4'x4' Anti-Seep Collar (24" Pipe) | 1 EA | ||||
| 7 | Fireproof Cover for WCS | 1 EA | ||||
| 8 | 18" CMP w/ Couplers | 10 LF | ||||
| 9 | 18" CMP w/ Couplers - INSTALL ONLY | 40 LF | ||||
| 10 | 18" Stainless Steel Ratguard | 1 EA | ||||
| 11 | 24" CMP w/ Couplers - INSTALL ONLY | 28 LF | ||||
| 12 | 24" CMP Tee w/ 5' Riser & Couplers | 1 LS | ||||
| 13 | 24" Heavy Duty Trash Guard | 2 EA | ||||
| 14 | Bedding Stone | 30 TN | ||||
| 15 | Erosion Stone | 80 TN | ||||
| 16 | Seeding & Mulching | 1 LS |
ATTACHMENT A - PROPOSAL FORM
PROJECT: NEPPLE WMA WETLAND RESTORATION CONTRACT NO.: 23-01-30-04
LOCATION: GREAT LAKES WILDLIFE UNIT, NEPPLE WMA, DICKINSON COUNTY, IOWA
ITEM ESTIMATED UNIT PRICE* AMOUNT
DESCRIPTION
NO. QUANTITY DOLLARS CENTS DOLLARS CENTS
1 Mobilization 1 LS
2 Embankment Construction - Dike Fill 1,500 CY
3 Tile Investigation 200 LF
Agri Drain WCS (24" Inlet, 18" Outlet, 8' Tall) -
4 1 EA
INSTALL ONLY
5 4'x4' Anti-Seep Collar (18" Pipe) 1 EA
6 4'x4' Anti-Seep Collar (24" Pipe) 1 EA
7 Fireproof Cover for WCS 1 EA
8 18" CMP w/ Couplers 10 LF
9 18" CMP w/ Couplers - INSTALL ONLY 40 LF
10 18" Stainless Steel Ratguard 1 EA
11 24" CMP w/ Couplers - INSTALL ONLY 28 LF
12 24" CMP Tee w/ 5' Riser & Couplers 1 LS
13 24" Heavy Duty Trash Guard 2 EA
14 Bedding Stone 30 TN
15 Erosion Stone 80 TN
16 Seeding & Mulching 1 LS
*Unit Prices Prevail; Amount equals Estimated Quantity multiplied by Unit Price
Proposed Bid Total: $
By virtue of statutory authority, preference will be given to products grown and coal produced within the State of Iowa.
Signature Date Legal Name of Company
Printed Name Street Address
Title City, State, Zip Code
Phone No. Remit to Address (if different than above)
Email Address Remit to City, State, Zip Code (if different than above)
Iowa Contractor Registration Number
Bidder Acknowledges Receipt of Any Issued Addenda (Number and Date): ______________________________________
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| Name | Iowa Contractor Registration Number | Email Address |
|---|---|---|
| This | Proposal | will | become | void | if | not | accepted | by | the | DEPARTMENT | within | 45 | days | of | the | deadline | for | submission | of | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| proposals | described | in | the | General | Information | and | Instructions | to | Bidders | for | this | project. |
Subcontractor Information
Iowa Contractor
Name Registration Number Email Address
This Proposal will become void if not accepted by the DEPARTMENT within 45 days of the deadline for submission of
proposals described in the General Information and Instructions to Bidders for this project.
Rev.4-28-2026 COMPETITIVE QUOTATION (MINOR) PUBLIC IMPROVEMENT CONTRACT
The following is an EXAMPLE of the contract that will be sent to the successful bidder. The recommended Contractor will
be required to fill out the necessary information and sign the contract prior to performing work under this project.
Contract No.: _23-01-30-01_
IOWA DEPARTMENT OF NATURAL RESOURCES
COMPETITIVE QUOTATION (MINOR) PUBLIC IMPROVEMENT CONTRACT
AGREEMENT, entered into between the Iowa Department of Natural Resources, an agency of the State of Iowa,
hereinafter called the DEPARTMENT, and
Name:
Street Address:
City, State, Zip:
Remit to Address:
(If different than above)
Remit to City, State, Zip:
Phone:
E-Mail Address:
Contact Person:
hereinafter called the CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the parties mentioned above, the CONTRACTOR agrees with the DEPARTMENT, to commence and
complete the project described as follows and collectively referred to as the Project:
NEPPLE WMA WETLAND RESTORATION - This project consists of restoring a wetland area by constructing an earthen
dike with spillway and installing an inline water control structure.
Located at: Great Lakes Wildlife Unit, Nepple WMA, in Dickinson County, Iowa, for the sum of $ ____________. This
contract supersedes all prior contracts or agreements between the DEPARTMENT and the CONTRACTOR for the work
described in this contract. The Project is more thoroughly and specifically described in Article 2, Scope of Work, of this
contract.
ARTICLE 1 - DEPARTMENT REPRESENTATIVE
The representative of the DEPARTMENT shall be Jeff Felts, IDNR District Engineer, 515-250-3712, and all
communications from the CONTRACTOR should occur thereto. However, any modifications or payments must be
approved by the highest-level signatory for the DEPARTMENT, as described on the signature page.
ARTICLE 2 - SCOPE OF WORK
The CONTRACTOR shall furnish, at his own proper cost and expense, all materials, equipment, labor, insurance, and
other accessories and services necessary to complete, in a workmanlike manner, ready for continuous operation, the
above-mentioned project. The work shall be performed in accordance with the requirements and provisions of the
following documents, all of which are made a part hereof and collectively evidence and constitute the contract:
CONTRACTOR's Proposal attached as Attachment A.
Supplemental Information as Attachment B.
Project Plan set (7 pages) as Attachment C.
Rev.4-28-2026 COMPETITIVE QUOTATION (MINOR) PUBLIC IMPROVEMENT CONTRACT
It is intended that the specifications and plans, which include the Description of the Project on the first page of this
Contract and supplemented as may be necessary by the DEPARTMENT, shall provide for the completion of the work
specified herein.
The omission of specific reference to any minor items of material or work reasonably necessary to provide a complete
project, will not release the CONTRACTOR from the responsibility of furnishing or doing the items omitted.
The CONTRACTOR shall leave the site free and clean of all construction equipment, materials, and rubbish. The
CONTRACTOR shall replace any defective material or workmanship in the construction at no cost to the DEPARTMENT,
and shall guarantee the construction for a period of one year from the date of the Department's final acceptance.
ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION
The time of commencement of work under this contract shall be within a reasonable period of time after the
preconstruction conference as approved by the Department. The date of completion of the work under this contract
shall be: October 30, 2026.
ARTICLE 4 - BASIS OF PAYMENT
The DEPARTMENT shall make payment within 30 days of receipt of a payment request which is approved as payable by
the Department, on this contract as is indicated below, by one of the following methods:
1. Lump Sum Basis- This section IS NOT applicable to this contract. Except for adjustments as provided for herein, the
DEPARTMENT shall pay to the CONTRACTOR, for the performance of work, the lump sum of $____________,
hereinafter called the Contract Sum. The Contract Sum shall be equitably adjusted to cover changes in the work
ordered by the DEPARTMENT, but not shown on the drawings or required by the specifications. Such increases or
decreases in the Contract Sum shall be determined by agreement between the DEPARTMENT and the CONTRACTOR.
2. Unit Price Basis- This section IS applicable to this contract. The DEPARTMENT shall pay to the CONTRACTOR the unit
price amount stated with respect to each item of work on the attached schedule for the total number of units each
item of work completed. The number of units shown on the attached schedule is approximate only, and the final
payment shall be made for the actual number of units that are incorporated into or made necessary by the work
covered by this contract. Should the number of units of completed work of any individual item shown on the
attached schedule vary by more than twenty percent (20%) from the number of units stated, either the
DEPARTMENT or the CONTRACTOR may request a revision of the unit price for the item so affected, but such
changes shall not exceed 10% of the total Contract amount. Both parties agree that under such conditions an
equitable revision of the price shall be made. Changes that cannot be classified under any of the contract units may
be performed at mutually agreed upon unit prices, or on a lump sum basis.
The Department, under this Contract, shall reserve the right to withhold up to 3% consistent with Iowa Code Chapter
573. The Contractor may invoice the Department only for work completed. If the work extends over a period of more
than one month, the DEPARTMENT may, upon request by the CONTRACTOR, make written estimates of the value of
materials complete in place and the work performed. Estimates shall be on a monthly basis or on a longer period of time
mutually agreed upon. No estimate, except the final estimate, shall be for less than five hundred dollars ($500). The
estimates shall be figured at the contract unit prices for contracts on a unit price basis or on a mutually agreed upon
percentage of the total work completed for contracts on a lump sum basis. Each estimate shall be filed in the form of a
claim against the DEPARTMENT. Estimates are approximate only, and shall be subject to correction in the first estimate
rendered following the discovery of an error in any previous estimate. Should a reasonable doubt arise as to the
integrity of any part of the work completed prior to the final acceptance and payment, the department will deduct from
the first estimate rendered, after the discovery of such work, an amount equal in value to the defective or questioned
work. Further, such work will not be included in a subsequent estimate until the defects have been remedied or the
causes for doubt removed. Within a reasonable period of time after satisfactory completion of the project, a final
inspection of the work will be made by the DEPARTMENT to determine compliance with the contract, plans and
Rev.4-28-2026 COMPETITIVE QUOTATION (MINOR) PUBLIC IMPROVEMENT CONTRACT
specifications, and to submit a final estimate. All prior partial estimates and payments shall be subject to correction in
the final estimate and payment. The CONTRACTOR shall sign the final estimate form acknowledging acceptance of the
amount stated.
Final payment shall be made as soon as possible following the expiration of statutory time for filing claims, or following
adjudication or release of claim against the amount withheld. Earlier requirements for the submission of the Iowa
Department of Revenue Contractor's Statement of Sale and Use Tax (see ARTICLE 20), prior to final payments, are no
longer in effect.
ARTICLE 5 - LIQUIDATED DAMAGES
Time is an essential element of the contract and it is important that the work be completed by the deadline. For each
calendar day that any work shall remain uncompleted after the end of the contract period, number of working days
allowed, or any extension granted, the amount per calendar day specified in the proposal form will be assessed, not as a
penalty, but as predetermined and agreed liquidated damages.
The CONTRACTOR hereby agrees that liquidated damages in the amount of $500.00 shall be retained or assessed
against the CONTRACTOR for each day and every day the completion of the work is delayed beyond the time specified
herein, not as a penalty, but as a mutually agreed to, predetermined amount to reimburse the DEPARTMENT for salaries
and related expenses of directly involved staff and reviewers, interest charged during the period for delays and loss of
use.
The DEPARTMENT will prepare and forward to the Contractor a Change Order to account for such liquidated damages.
The final payment will be withheld until payment shall have been made consistent with this assessment of liquidated
damages based only on the number of calendar days required to complete the work in excess of the completion date,
plus authorized extensions thereto. This provision for the assessment of liquidated damages for failure to complete
work within the contract period does not constitute a waiver of the DEPARTMENT'S right to collect any additional
damages other than time delays which the DEPARTMENT may sustain by failure of the Contractor to carry out the terms
of the contract.
If the Contractor fails to complete the work within the contract periods or any extension thereof, upon written notice to
the Contractor and surety, said contract shall be in default. The DEPARTMENT may, at its option, permit the Contractor
or the Contractor's surety to complete the work included in the contracts or may proceed to complete the work. In
either event, the Contractor or the Contractor's surety shall be responsible for all costs incident to the completion of the
work, and also for the liquidated damages stipulated in the proposal form. The DEPARTMENT may waive such portion of
the liquidated damages as may accrue after the work is in condition for safe and convenient use by the public.
ARTICLE 6 - PERMITS
In addition to other permits that may be required for the CONTRACTOR to conduct its business in the state of Iowa, the
CONTRACTOR shall apply for, pay for and obtain prior to commencing work under this contract a NPDES Stormwater
Discharge Permit (DNR's General Permit No. 2) for Construction Operation, as required by EPA regulations, for any land-
disturbing activity which will disturb an area of one or more acres. The permits shall be readily available for inspection at
all times. Permits are available from the DNR Storm Water Coordinator, 6200 Park Avenue, Suite 200, Des Moines, Iowa,
50321. (Tel. (515) 217-0875.)
The CONTRACTOR shall be required to apply for, pay for and obtain all permits required by law prior to commencing
work under this contract.
ARTICLE 7 - PERFORMANCE BOND
In compliance with Chapter 573 of the Code of Iowa, contracts shall, when the contract price equals or exceeds twenty-
five thousand dollars, be accompanied by a bond, with surety, conditioned for the faithful performance of the contract.
The amount shall be not less than one hundred percent (100%) of the contract price. The bond shall be executed on the
standard form supplied by the DEPARTMENT. The bond, if required, shall be executed by the CONTRACTOR and by a
surety authorized to do business in the State of Iowa and shall be incorporated by this reference.
Rev.4-28-2026 COMPETITIVE QUOTATION (MINOR) PUBLIC IMPROVEMENT CONTRACT
ARTICLE 8 - CONTRACTOR'S INSURANCE
The CONTRACTOR'S current certificate of liability and property damage insurance shall be filed with the DEPARTMENT
prior to the execution of the contract and shall be maintained at such amounts throughout the prosecution of the work
and until final acceptance and completion of the contract. The minimum coverage by such insurance shall be as follows:
Public Liability Insurance Property Damage Insurance
Per Person $250,000. Each Occurrence $250,000.
Each Occurrence $500,000.
ARTICLE 9 - TERMINATION
9.1 The DEPARTMENT shall have the right to cancel any or all items from the contract and may terminate this contract
immediately for any of the following reasons effective immediately without advance notice:
A) In the event the CONTRACTOR is required to be certified or licensed as a condition precedent to providing
services, the revocation or loss of such license or certification will result in immediate termination of the
contract effective as of the date on which the license or certification is no longer in effect;
B) The DEPARTMENT determines that the actions, or failure to act, of the CONTRACTOR, its agents, employees or
subcontractors have caused, or reasonably could cause, a person's life, health or safety to be jeopardized;
C) The CONTRACTOR fails to comply with all laws, regulations, ordinances and orders related to the execution of
this contract or the completion of the Project;
D) The CONTRACTOR furnished any statement, representation or certification in connection with this contract or its
related bidding documents which is materially false, deceptive, incorrect or incomplete.
E) The CONTRACTOR breaches the contract;
F) The CONTRACTOR becomes the subject of any bankruptcy or insolvency proceeding;
G) The CONTRACTOR has otherwise engaged in conduct that has or may expose the State or the DEPARTMENT to
liability, as determined in the DEPARTMENT's sole discretion;
H) The DEPARTMENT determines that continuation of completion of the work is not in the public's interest: and
I) The DEPARTMENT determines that the occurrences of any of the actions or inactions in subparagraphs (A)
through (G) above, unforeseen circumstances, unanticipated design changes, or other reasons beyond the
control of the CONTRACTOR would prevent or unreasonably delay completion of the contract.
If there is a default event caused by the CONTRACTOR as described above, the DEPARTMENT may either provide written
notice to the CONTRACTOR requesting that the breach or noncompliance be remedied within the period of time
specified in the DEPARTMENT's written notice to the CONTRACTOR, or may terminate the contract in whole or in part,
without the payment of any penalty or incurring any further obligation to the CONTRACTOR.
9.2 Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Contract to the contrary, the
DEPARTMENT shall have the right to terminate this contract without penalty by giving thirty (30) days written notice
to the CONTRACTOR if, in the DEPARTMENT's sole discretion, adequate funds are not appropriated or granted to
allow the DEPARTMENT to operate as required and to fulfill its obligations under this contract or funds are de-
appropriated; if funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or
revenues needed by DEPARTMENT to make any payment hereunder are insufficient or unavailable for any other
reason as determined by the DEPARTMENT in its sole discretion; if the DEPARTMENT's authorization to conduct its
business or engage in activities or operations related to the subject matter of this contract is withdrawn or
materially altered or modified; if the DEPARTMENT's duties, programs or responsibilities are modified or materially
altered; or if there is a decision of any court, administrative law judge or an arbitration panel or any law, rule,
regulation or order is enacted, promulgated or issued that materially or adversely affects the DEPARTMENT's ability
to fulfill any of its obligations under this contract.
9.3 The CONTRACTOR's Termination Duties. The CONTRACTOR upon receipt of notice of termination or upon request of
the DEPARTMENT, shall cease work under this contract and take all necessary or appropriate steps to limit
disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination,
describing the status of all work under the contract, including, without limitation, work completed, materials
Rev.4-28-2026 COMPETITIVE QUOTATION (MINOR) PUBLIC IMPROVEMENT CONTRACT
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.
Rev.4-28-2026 COMPETITIVE QUOTATION (MINOR) PUBLIC IMPROVEMENT CONTRACT
ARTICLE 15 - GOVERNING LAW
This contract shall be interpreted in accordance with the law of the State of Iowa, and any action relating to the contract
shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern
District of Iowa.
ARTICLE 16 - COMPLIANCE WITH LAWS
The CONTRACTOR agrees that, during the duration of and as a condition of the DEPARTMENT'S duty to perform under
the terms of this contract, it shall be in compliance with all applicable laws and regulations of the state and federal
government, including but not limited to Equal Employment Opportunity provisions, Occupational Health and Safety Act,
minimum wage requirements, records retention, audit requirements, and allowable costs.
ARTICLE 17 - ASSIGNMENT AND DELEGATION
The CONTRACTOR may not assign, transfer or convey in whole or in part this contract without the prior written consent
of the DEPARTMENT. For the purpose of construing this clause, a transfer of a controlling interest in the Grantee shall be
considered an assignment. The CONTRACTOR may not delegate any of its obligations or duties under this contract
without the prior written consent of the DEPARTMENT.
ARTICLE 18 - WRITING REQUIRED
No change, modification, or termination of any of the terms, provisions or conditions of this contract shall be effective
unless made in writing and signed by the parties.
ARTICLE 19 - IMMUNITY FROM LIABILITY
Every person who is a party to the contract is hereby notified and agrees that the State, the DEPARTMENT, and all of
their employees, agents, successors, and assigns are immune from liability and suit for the CONTRACTOR's and its
subcontractors' activities involving third parties arising from the contract.
ARTICLE 20 - CERTIFICATION REGARDING SALES AND USE TAX
By executing this contract, the CONTRACTOR certifies that it is either (a) registered with the Iowa Department of
Revenue, collects and remits sales and use taxes as required by Iowa Code chapter 423; or (b) not a "retailer" or a
"retailer maintaining a place of business in this state" as those terms are defined in Iowa Code sections 423.1(47) and
(48). The CONTRACTOR also acknowledges that the DEPARTMENT may declare the contract void if the above
certification is false. The CONTRACTOR also understands that fraudulent certification may result in the DEPARTMENT
filing action for damages for breach of contract.
Upon execution of this contract, an Iowa Construction Sales Tax Exemption Certificate will be available upon request.
ARTICLE 21 - INDEPENDENT CONTRACTOR
The status of the CONTRACTOR shall be that of an independent contractor. The CONTRACTOR, and its employees and
agents performing under this contract are not employees or agents of the State or any agency, division or department of
the State. Neither the CONTRACTOR nor its employees shall be considered employees of the DEPARTMENT or the State
for Federal or State tax purposes. The DEPARTMENT will not withhold taxes on behalf of the CONTRACTOR. The
CONTRACTOR shall be responsible for payment of all taxes in connection with any income earned from performing this
contract.
ARTICLE 22 - USE OF THIRD PARTIES AND SUBCONTRACTORS
A) The CONTRACTOR may contract with third parties for the performance of any of Contractor's obligations under this
Contract. All subcontractors shall be subject to prior approval by the DEPARTMENT. The DEPARTMENT's consent
shall not be deemed in any way to provide for the incurrence of any obligation of the DEPARTMENT in addition to
the remuneration agreed upon in this contract;
B) If the CONTRACTOR utilizes a subcontractor or subcontractors, then the following conditions shall apply: Prior to a
subcontractor working on site, the subcontractor(s) name and their Iowa Contractor Registration Number(s) must be
provided to the DEPARTMENT;
C) The CONTRACTOR may enter into subcontracts to complete the work required by this contract provided that the
Rev.4-28-2026 COMPETITIVE QUOTATION (MINOR) PUBLIC IMPROVEMENT CONTRACT
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