This is a service / maintenance or supply contract in Mercer, North Dakota. Contact the soliciting agency for additional information.

The work shall consist of the mobilization of the Contractor's forces and equipment necessary for performing the work required under the contract. It shall include the transportation of personnel, equipment, and operating supplies to the site; establishment of offices, building, and other necessary facilities at the site; and other preparatory work at the site. The work shall consist of furnishing and stockpiling gravel material meeting NDDOT Class 5 specifications. The gravel material can be stockpiled in the Contractors pit. The gravel material will be hauled off site by Garrison Diversion Conservancy District employees after completion of stockpiling. The work shall consist of furnishing all labor, materials, delivery, equipment and performing all work required for prevention of environmental pollution during and as a result of stockpiling operations under this contract except for those measures set forth elsewhere in these specifications. For the purpose of this specification, environmental pollution is defined as the presence of chemical, physical or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances or importance to human life; affect other species of importance to man; degrade the utility of the environment for aesthetic or recreational purposes or as otherwise defined as a hazardous material, hazardous waste or hazardous substance by state or federal law, including but not limited to the federal Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Recovery, Cleanup and Liability Act, and Toxic Substances Control Act. The control of environmental pollution requires consideration of air, surface water, ground water and land. The specification covers mobilization for work required by the contract. If additional mobilization costs are incurred during the performance of the contract as a result of changes or items of work for which the Contractor is entitled to an adjustment in contract price, compensation for such costs will be included in the price adjustment for the items changed or added. The work covered in this section is a statement of requirements common to all the work. Specific requirements for materials and installations are provided under the following sections. No claims for extras shall be made because of items presumed to have been omitted. Garrison Diversion Conservancy District is looking to purchase NDDOT Class 5 gravel in the Mercer, ND area. The Contractor will proceed with commencement of the work within ten (10) days of being awarded the contract. A major item of work is defined as any Contract item having a value in excess of 5% of the total original Contract amount. All others are minor items. Any adjustment to Contract Unit Prices for an increase in quantity shall apply only to that portion in excess of 125% of original contract item quantity, or in case of a decrease below 75%, to the actual amount of work performed. If the quantity of any major work item required to complete the project increases or decreases from the original Contract quantity by 25% or less, payment will be made at the Contract Unit Price. Should the original Contract quantity of one or more major work items be increased or decreased by more than 25%, either party to the Contract may demand that a supplemental agreement be negotiated with an adjustment of unit prices satisfactory to both parties. Adequate evidence shall be submitted to support the request for Contract unit price adjustments. Failure to submit the bid documents will be considered as a waiver by the Contractor of the right to recover any additional costs. An adjusted unit price for the quantity of the item which is in excess of 125% of the original Contract quantity will be negotiated on the basis of the actual cost of that portion of the item in excess of 125%, plus a reasonable allowance for profit and applicable overhead. An adjustment to the unit price for the quantity of the item which is less than 75% of the original Contract quantity will be considered if the Contractor can prove, to the satisfaction of the Engineer, that the fixed expenses have not been recovered because of the decreased quantity of the item. However, total payment for the item shall not exceed that amount which would be made for 75% of the original Contract item at the Contract unit price, plus any additional fixed costs which can be substantiated by the original bid documents, not recovered because of this 75% cap. In no case shall the re-negotiated price exceed the total Contract amount for this item. Payment for the gravel material shall constitute full compensation for furnishing all labor, equipment, delivery, material and for performing all operations required to complete the work in conformity with the specifications. All costs in connection with work not specifically mentioned shall be included in the contract price for the Gravel Material. Partial payment will be made once each month as the work progresses.