This is an alternative form of contract documents which may be used for public body’s contracts typically less than $150,000. This document may be modified to specific project requirements. Rural Development requires that all changes be highlighted when submitted for RD review, the highlights will be removed in the bidding documents.
Includes the following items:
a)Notice of Public Hearing (provided by legal counsel)
b)Advertisement For Bids (provided by legal counsel)
c)Intructions To Bidders (needs to be reviewed by legal counsel)
d)Bidders Proposal
e)Bid Bond (when required)
f)Contractor’s Quailification Form
g)Contract
h)Notice of Award
i)Notice to Proceed
j)General Conditions
k)Certificate of Owner's Attorney
l)USDA-Rural Development Concurrence
m)Performance Bond (when required)
n)Payment Bond (when required)
o)Compliance Statement (used when Contract is over $10,000)
p)Certification Regarding Debarment (used when contract is over $25,000)
q)Statement of Final Completion and Owners Acceptance of the Work
r)Certification for Contracts Grants and Loan (used when contract is over $100,000)
s)Partial Pay request
t)Change Order
u)Project sign
v)Certification of Insurance (contractor supplied)
w)Plans and Specifications (engineer/architect supplied)
x)A “Short FormCertification” is required to be submitted with the contract document submittal to Rural Development. Do not include the certification form with the Bidding Documents provided to the bidders.
THIS PAGE IS FOR INFORMATION ONLY AND SHOULD NOT BE INCLUDED IN THE FINAL DOCUMENTS.
Short Form Certification
Modifications to the short form Rural Development documents may be necessary. For purposes of RD review and all modifications to these documents are made by either BOLDfonts for add items and strikethrough font (Strikethrough) for items to be deleted. The Bold fonts and strikeouts will be removed in the advertised documents.
I hereby certify that we have only made changes to the Short Form Rural Development documents by fill in the blank, deleted the items allowed in the documents as either/or, and by bold fonts or strikethrough fonts only.
I have reviewed the Environmental Assessment and have reviewed the mitigation measures required for this project. The project as designed meets the mitigation requirements.
FIRM:______
BY:______
PRINT NAME:______
DATE:______
This certification will not be part of the Contract Documents. This certification will be submitted to Rural Development with final plans and specifications.
These instructions require legal counsel review
INSTRUCTIONS TO BIDDERS
1. All Bids must be submitted on the blank Form of Proposal attached hereto and submitted in a separate sealed envelope from the Bid Security, if a bid security is required.
2. When Bid Security is required each Bid shall be accompanied by a BidBond, certified check, cashier's check, or certified credit union share draft in a separate sealed envelope in an amount equal to ten per cent (10%) of the total amount of the Bid. If BidBond is submitted, it must be on the form provided with the ContractDocuments. The certified check, cashier's check, or certified credit union share draft shall be drawn on a bank in Iowa, a bank chartered under the laws of the United States of America, or said certified share draft shall be drawn on a credit union in Iowa or chartered under the laws of the United States and payable to the Treasurer of the Owner as security that if awarded a Contract, the Bidderwill enter into a Contract at the prices bid and furnish the required Performance and Payment Bonds and Certificate of Insurance. The certified check, cashier's check, or certified share draft may be cashed, or the Bid Bond forfeited, and the proceeds retained as liquidated damages if the Bidder fails to execute a contract or file acceptable Performance and Payment Bonds or provide an acceptable Certificate of Insurance within ten (10) days after the acceptance of said Bid by resolution of the Governing Body. No Bidder may withdraw a Bid within sixty (60) days after the date set for opening Bids.(Note: Not all projects require Bid Bonds; contact legal counsel for advice. Remove this section if it does not apply.)
3. Performance and Payment Bonds, on forms approved by the Owner, as provided in the ContractDocuments in the amount of one hundred percent (100%) of the Contract price with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract, and the Bidder shall state in the proposal the name and address of the surety or sureties who will sign the bonds in case the Contract is awarded to them. The Performance Bond guarantees the repair of all damage due to improper materials or workmanship for a period of one year after the final acceptance of the Work by the Owner.(Note: Not all projects require Bonds; contact legal counsel for advice. Remove this section if it does not apply.)
4. The party to whom the Contract is awarded will be required to execute the Contract and furnish Performance and Payment Bonds, when required, and Certificate of Insurance within ten (10) calendar days from the date when the written Notice of Award of the Contract is mailed to the Bidder at the address given, said Contract being conditioned upon the approval of the United States Department of Agriculture Rural Development delegate. In case of failure by the Bidder, the Owner may consider that the Bidder has abandoned the Contract, in which case the bid security accompanying the proposal shall become the property of the Owner.
5. All Bidders shall be required to furnish evidence, satisfactorily to the Owner, of the necessary facilities, financial resources, past record of performance, organization, experience, technical skills and necessary equipment for performing the Work and shall complete the " Contractor's Qualifications Form”.
6. The Contractor shall submit Construction Schedule with the signed Contract.
7. Bidders must satisfy themselves by personal examination of the location of the proposed Work, by examination of the drawings and specifications, by performing exploratory borings, by reviewing the requirements of the Work and the accuracy of the estimates of the quantities of the Work to be done, and shall not at any time after the submission of a Bid, dispute or complain of such estimates nor assert that there was any misunderstanding in regard to the nature or amount of work to be done.
8. A Bidder may withdraw any Bid submitted at any time prior to the hour set for the receipt of Bids, provided the request for withdrawal is signed in a manner identical with the proposal being withdrawn. No withdrawal or modification will be permitted after the hour designated for Bid opening.
9. For the purpose of clarification, it is understood that the Work to be done is being financed in whole or in part by means of a loan and/or grant made or insured by the United States of America, acting through the United States Department of Agriculture Rural Development. The USDA Rural Development will therefore, require approval or concurrence by its representatives of all Contracts, attachments, and similar documents, all partial and final payment estimates, and all Change Orders. Bids shall include sales tax and all other applicable taxes and fees.
10. Payment to each Contractor will be made in monthly estimates and one final payment. Monthly estimates will be ninety-five percent (95%) of the contract value of the Work completed during the preceding calendar month. Final payment will be made to the Contractor no earlier than thirty-one (31) days from and after the date of the final acceptance of Work by the Owner in accordance with the requirements of the ContractDocuments.
11. If the Contract exceeds $10,000 a "Compliance Statement," Form RD 400-6, is required with the Contract. If the Contract exceeds $25,000 the Certification Regarding Debarment is required with the Contract. If the Contract exceeds $100,000 the Certification for Contracts Grants and Loan is required with the Contract.
12. The ContractDocuments including the detailed drawings contain the provisions required for the construction of the Project. No information obtained from any officer, agent, or employee of the Owner on any such matter shall in any way effect the risk or obligation assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract.
13. Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions To Bidders may be rejected at the option of the Owner.
14. Contractors may bid on any or all Divisions. However, a separate Contract may be awarded for each Division. Divisions may be linked such that the Contractor will only do the Work if the Contractor is awarded all divisions. If one Contractor is awarded more than one Division they may be combined into a single Contract.
15. Bid forms, Drawings and Specifications may be obtained from ______. A deposit of $______will be required. Any Bidder or non bidder, upon returning the Contract Documents within 14 days of bid letting and in good condition will be refunded $______.
16. Unacceptable bidders. The following will not be allowed to bid on, or negotiate for, a contract or subcontract related to the construction of the project:
(1) An engineer, architect, or individual/entity as an individual or firm who has prepared plans and specifications or was involved in the development of the project, or anyone who will be responsible for monitoring the construction;
(2) Any firm or corporation in which the owner's architect or engineer is an officer, employee, or holds or controls a substantial interest;
(3) The governing body's officers, employees, or agents;
(4) Any member of the immediate family or partners in the entities referred to in paragraphs (1), (2), or (3) of this section; or
(5) An organization which employs, or is about to employ, any person in the entities referred to in paragraphs (1), (2),(3), or (4) of this section.
17. An inspection can be arranged by calling ______.
BIDDER’S PROPOSAL
Proposal of ______(hereinafter called "Bidder"), organized and existing under the laws of the State of ______
doing business as *______. To the ______
______(hereinafter called "Owner").
In compliance with your Advertisement for Bids, Bidder hereby proposes to perform all Work for the construction of ______
in strict accordance with the Contract Documents, within the time set forth therein, and at the prices stated below.
By submission of the Bid, each Bidder certifies, and in the case of a joint Bid each party thereto certifies as to its own organization, that this Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Bid with any other Bidder or with any competitor.
Bidder hereby agrees to commence Work under this contract on or before a date to be specified in the Noticer to Proceed and to fully complete the Work within ______consecutive calendar days thereafter. Bidder further agrees to pay as liquidated damages, the sum of $______for each consecutive calendar day thereafter as provided in the General Conditions.
Bidder acknowledges receipt of the following Addenum:
______
______
The undersigned Bidder understands that this contract must be concurred in by USDA Rural Development.
The Bidder will execute the contract within 10 days after notification of Contract Award.
BID SCHEDULE
NOTE: Bids shall include sales tax and all other applicable taxes and fees.
______
______
Item Estimated Total Unit
No.Description Quantity Price PriceTotal
______
______
TOTAL BID PRICE $______
______
Bidder'S License No. (if applicable) Bidder
By______
Seal (if a corporation)
______
Title
______
(Business Address)
*Insert: "a corporation incorporated in the State of ______," "a partnership" or
an individual, as applicable.
CONTRACTOR'S QUALIFlCATION FORM
Name & Address ______
Type Organization ______Date Established ______
Incorporated in ______State ______
A. Furnish the following information: Owner, PARTNERS, OFFICERS, DIRECTORSName Title
______
______
______
______
B. List 5 most recent projects completed, location, type, and size:
1. ______
2. ______
3. ______
4. ______
5. ______
C. List major types and size of equipment presently owned:
______
______
______
D. List names, experience and technical skills of supervisory personnel to be used on project:
______
______
______
E. List Bonding companies from whom you have obtained surety bonds on the last 5 years:
______
______
______
F. List all subcontractors to be used on this project:
______
______
______
______
______
CONTRACT
This Contract, made this ______day of ______, 20__, by and between ______, hereinafter called "Owner" and
(name of Owner), (an Individual)
and ______doing business as (an individual,) or (a partnership,) or (a corporation) hereinafter called "Contractor". Witnesseth: That for and in consideration of the payments and agreements herein after mentioned:
1. The Contractor will commence and complete the construction of
______
2. The Contractor will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the Work described in the Contract Documents.
3. The Contractor will commence the Workrequired by the Contract Documents within ______calendar days after the date of the Notice To Proceed and will complete the same within ______calendar days of the Notice To Proceed unless the period for completion is extended otherwise by the Contract Documents.
4. The Contractor agrees to pay as Liquidated Damages the sum of $______for each and every calendar day intervening between the date of completion as specified in the Notice To Proceed and the date of actual completion.
5. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of $______or as shown in the Bid schedule.
6. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents.
7. This Contract shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
8. The Contract Documents include the following:
(a) Bidders Proposal
(b) Contract
(c) Compliance Statement
(d)Notice of Award
(e)Notice to Proceed
(f)General Conditions
(g)Performance Bond (when required)
(h)Payment Bond (when required)
(i)Certification of Insurance
(j)Construction Schedule
(k)Certification Regarding Debarment
(l)Certification for Contracts Grants and Loans (when required)
(m)Plans and Specifications
(n)Certificate of Owner's Attorney/USDA concurrence
(o) Addenda
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Contract in duplicate, on the date first above written.
(SEAL)Owner:
ATTEST:
______
Type Name ______Type Name ______
Title______Title______
ContractOR:
(SEAL)
By ______
Type Name ______Type Name ______
Title______Title______
Employer Identification ______
Notice ofAward
Description of work: Construction of______
______for the______
______
To: ______
______
The Owner has considered the Proposal submitted by you for the above described work in response to its Notice and Instructions to Biddersdated ______, 20____.
It is to the best interest of said Owner to accept your Proposal in the amount of ______
______($______);
you are hereby notified that your Proposal has been accepted for items ______
______
______
You are required by the Notice and Instruction to Bidders to execute the Contract within ten days from the date of the delivery of this Notice to you.
Dated this ______day of ______, 20__ __
______
Owner
By______
Title ______
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is
hereby acknowledged this ______day
of ______, 20____.
By______
Title ______
NOTICE TO PROCEED
TO:______Date: ______
______Project: ______
______
______
You are hereby notified to commence Workin accordance with the Contract dated ______, 20____, on or before ______, 20____, and you are to complete the Work within ______consecutive calendar days thereafter. The date of completion of all Work is therefore ______, 20____.
______
Owner
By ______
Title ______
ACCEPTANCE OF NOTICE
Receipt of the above Notice To Proceed
is hereby acknowledged this the
______, 20____
By______
Title______
Employer Identification
Number______
GENERAL CONDITIONS
1. The Contractor shall furnish and pay the cost, including sales tax and all other applicable taxes and
fees, of all the necessary materials and shall furnish and pay for all the superintendence, labor, tools, equipment and transportation and perform all the work required for the construction of all items listed and itemized under the bid schedule of the Bidder's Proposal attached hereto as in strict accordance with the Plans, Specifications, and General Conditions which are attached hereto and made a part hereof, and any amendments thereto and such supplemental plans and specifications which may hereafter be approved.
2. The Owner shall provide the land upon which the work under this contract is to be done, and will,
so far as is convenient, permit the Contractor to use as much of the land as is required for the erection of temporary construction facilities and storage of materials, together with the right of access to same, but beyond this, the Contractor shall provide at the Contractor's cost and expense any additional land required.
3. In the event the Owner is dissatisfied with the slow progress or incompetency in the performance of
the work in accordance with the schedule for completion of the various aspects of construction, the Owner shall give the Contractor written notice in which the Owner shall specify in detail the cause of dissatisfaction. Should the Contractor fail or refuse to remedy the matters complained of within five days after the written notice is received by the Contractor the Owner shall have the right to take control of the work and either make good the deficiencies of the Contractor itself or direct the activities of the Contractor in doing so, employing such additional help as the Owner deems advisable. In such event the Owner shall be entitled to collect from the Contractor any expenses in completing the work.
4. The Owner will withhold $______as liquidated damages from the amount payable to
the Contractor for each calendar day that the Contractor is in default after the time of completion stipulated in these Contract Documents. The Contractor and Owner recognize that time is of the essence of this Contract and that the Owner will suffer financial loss if the Work is not completed within the specified time. The parties recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as penalty), Contractor shall pay Owner the above shown amount for each day that expires after the time specified until the Work is completed.