rfp des 2025-02.pdf.pdf

PROJECT MANUAL FOR:

LITTLE BOG POND DAM AND LOWER TRIO

POND DAM RECONSTRUCTION PROJECT

NHDES #D185003 & #D185002

NASH STREAM FOREST NATURAL AREA

COOS COUNTY

NEW HAMPSHIRE

100% Design

JUNE 2024

Owner: The New Hampshire Department of

Environmental Services - Dam Bureau

29 Hazen Drive

Concord, NH 03302

Engineer:

GEI Consultants, Inc.

400 Unicorn Park Dr.

Woburn, MA 01801

TABLE OF CONTENTS

DIVISION 0 – BIDDING AND CONTRACT REQUIREMENTS

SCHEDULE OF PRICES Page

00020 NOTICE TO CONTRACTORS 00020-1

00200 INSTRUCTIONS TO BIDDERS 00200-1

00301 BID FORM 00301-1

00310 BID BOND 00310-1

PAYMENT BOND

PERFORMANCE BOND

00320 NONCOLLUSION AFFADAVIT 00320-1

00340 BIDDER EXPERIENCE FORM 00340-1

00500 AGREEMENT 00500-1

P-37 FORM

00700 GENERAL PROVISIONS 00700-1

00805 SUPPLEMENTARY CONDITIONS 00805-1

CHANGE ORDER

NOTICE OF AWARD

SPECIAL CONDITIONS Page

00840 SPECIAL CONDITIONS – SCHEDULE AND SEQUENCE 00840-1

00860 SPECIAL CONDITIONS – PERMITS AND APPROVALS 00860-1

DIVISION 1 – GENERAL REQUIREMENTS Page

011000 SUMMARY OF WORK 011000-1

012000 MEASURMENT AND PAYMENT 012000-1

012500 SUBMITTAL PROCEDURES 012510-1

013100 PROJECT MANAGEMENT AND COORDINATION 013310-1

014000 QUALITY REQUIREMENTS 014000-1

014100 PROJECT PERMITS AND ENVIRONMENTAL CONTROLS 014100-1

015000 TEMPORARY FACILITES AND CONTROLS 015000-1

015526 TRAFFIC CONTROL 015500-1

017000 PROJECT CLOSEOUT 017000-1

DIVISION 2 – EXISTING CONDTIONS Page

022100 LAYOUT OF WORK, QUANTITY SURVEYS, AND AS- 022100-1

BUILTS

022413 RIVER FLOW AND RESEVOIR WATER LEVEL 022413-1

MANAGEMENT

DIVISION 3 – CONCRETE Page

030500 BASIC CONCRETE MATERIALS 030500-1

031000 CONCRETE FORMS AND ACESSORIES 031000-1

031550 CONCRETE JOINTS 031550-1

032000 CONCRETE REINFORCEMENT 032000-1

033000 CAST-IN-PLACE CONCRETE 033000-1

DIVISION 5 – METALS Page

051200 STRUCTURAL STEEL 051200-1

056000 ALUMINUM STOP LOGS 056000-1

DIVISION 31 – EARTHWORK Page

310519 GEOSYNTHETICS 310519-1

311000 SITE CLEARING 311000-1

312316 EXCAVATION 312316-1

312319 DEWATERING 312319-1

312323 FILL 312323-1

312500 EROSION PROTECTION AND SEDIMENT CONTROL 312500-1

313700 RIPRAP 313700-1

DIVISION 32 – EXTERIOR IMROVEMENTS Page

329000 SITE RESTORATION 329000-1

329219 LOAMING, SEEDING, REVEGETATION 329219-1

CONTRACT DRAWINGS (Included separately as ATTACHMENT 1)

LITTLE BOG POND DAM RECONSTRUCTION

Drawing No. Title

G-101 COVER SHEET

G-102 GENERAL NOTES AND LEGEND

G-103 EXISITNG CONDTIONS AND SURVEY CONTROL PLAN

EC-101 EROSION CONTROL PLAN

EC-102 EROSION CONTROL DETAILS AND NOTES

CD-101 CONTROL OF WATER

CD-102 CONTROL OF WATER SECTION

C-101 PLAN OF IMPROVMENTS

C-102 SITE ACCESS AND CULVERT CROSSINGS

C-103 CULVERT PROTECTION DETAILS

C-104 EXCAVATION PLAN

C-105 GRADING PLAN

C-106 GRADING SECTIONS AND DETAILS

C-107 GRADING SECTIONS AND DETAILS

C-108 LEFT EMBANKMENT AT SPILLWAY PLAN AND SECTIONS

C-109 RESTORATION PLAN

C-110 RESTORATION PLAN

S-101 SPILLWAY PLAN

S-102 SPILWAY FOOTING PLAN

S-103 SPILLWAY SECTIONS

S-104 SPILLWAY CROSS SECTION

S-105 SPILLWAY LEFT TRAINING WALL ELEVATION

S-106 SPILLWAY RIGHT TRAINING WALL ELEVATION

S-107 SPILLWAY REINFORCEMENT DETAILS/TRAING WALL CROSS SECTIONS

S-108 STOP LOG PIER DETAILS

S-109 STOP LOG DETAILS

S-110 PLATFORM PLAN

S-111 PLATFORM DETAILS

S-112 CONCRETE AND MISCELLANEOUS DETAILS

S-113 NOTES

LOWER TRIO POND DAM

Drawing No. Title

G-201 COVER SHEET

G-202 GENERAL NOTES AND LEGEND

G-203 EXISITNG CONDTIONS AND SURVEY CONTROL PLAN

EC-201 EROSION CONTROL PLAN

EC-202 EROSION CONTROL DETAILS AND NOTES

CD-201 CONTROL OF WATER

CD-202 CONTROL OF WATER SECTION

C-201 PLAN OF IMPROVMENTS

C-202 SITE ACCESS AND CULVERT CROSSINGS

C-203 BRIDGE REPLACMENT DETAILS

C-204 EXCAVATION PLAN

C-205 GRADING PLAN

C-206 GRADING SECTIONS AND DETAILS

C-207 GRADING SECTIONS AND DETAILS

C-208 LEFT EMBANKMENT AT SPILLWAY PLAN AND SECTIONS

C-209 RESTORATION PLAN

C-210 RESTORATION PLAN

S-201 SPILLWAY PLAN

S-202 SPILWAY FOOTING PLAN

S-203 SPILLWAY SECTIONS

S-204 SPILLWAY CROSS SECTION

S-205 TRAINING WALL ELEVATIONS

S-206 SPILLWAY REINFORCEMENT DETAILS/TRAING WALL CROSS SECTIONS

S-207 STOP LOG PIER DETAILS

S-208 STOP LOG DETAILS

S-209 PLATFORM PLAN

S-210 PLATFORM DETAILS

S-211 CONCRETE AND MISCELLANEOUS DETAILS

S-212 NOTES

T-201 TRIO PONDS ROAD OVERVIEW MAP

T-202 PLAN AND PROFILE 1

T-203 PLAN AND PROFILE 2

T-204 PLAN AND PROFILE 3

T-205 PLAN AND PROFILE 4

T-206 PLAN AND PROFILE 5

T-207 PLAN AND PROFILE 6

T-208 PLAN AND PROFILE 7

T-209 SECTIONS

T-210 TYPICAL SECTIONS

THIS PAGE INTENTIONALLY LEFT BLANK

LITTLE BOG POND DAM & LOWER TRIO POND DAM RECONSTRUCTION PROJECT

NOTICE TO CONTRACTORS JULY 2024 00020 - 1

SECTION 00020 – NOTICE TO CONTRACTORS

RECEIPT OF BIDS

Sealed bid proposals for the Little Bog & Lower Trio Pond Dams Improvement will be received by New Hampshire Department of Environmental Services (NHDES).

Bids will be accepted at 29 Hazen Drive, PO Box 95, Concord, NH 03302-0095, until 2:00PM on Septem-ber 5th (Thursday) after which they will not be received or accepted. A summary of all bids received will be provided to bidders upon request. Bids may be submitted via mail or during business hours 8:00AM to 4:00PM, Monday through Friday at the lobby desk at the above address.

Sealed bids shall be marked on the outside of the envelope “LITTLE BOG POND DAM & LOWER TRIO POND DAM RECONSTRUCTION PROJECT”. Bid form shall be enclosed in a separate envelope labeled “Bid Form”.

GENERAL DESCRIPTION OF WORK

This project is located in Nash Stream Forest Natural Area in Coos County, New Hampshire, and is being performed for the New Hampshire Department of Environmental Services (“Owner/Engineer”). The in-tent of the project is to rehabilitate the existing dam to meet current dam safety regulations and in-clude:

1. Protect select culverts to access sites.

2. Improve ~1.5 mile road access from Little Bog Pond Dam to Lower Trio Pond Dam.

3. Remove existing bridge and install new bridge along access to Lower Trio Pond Dam.

4. Phased construction and phased diversion of water, including installation and removal of tem-porary cofferdams and temporary bypass piping.

5. Demolition of existing outlet work features and parts of earthen embankments.

6. Construct new reinforced concrete spillways, training walls, wing walls, stop log bays and opera-tor bridges.

7. Install upstream and downstream riprap protection.

8. Construct earth embankments and associated filter drains.

TYPE OF BID

Bid shall be on a unit price basis for respective bid items identified in the bid.

DOCUMENT EXAMINATION AND PROCUREMENT

The Contract Documents may be examined at the following location:

• https://apps.das.nh.gov/bidscontracts/bids.aspx

• Link to Attachment 1 https://apps.das.nh.gov/bidscontracts/bids.aspx https://www.dropbox.com/scl/fo/cb712xcvrh7car2p4z7hf/AAV6D4HNpzVQ2CSCLtuNy0g?rlkey=pq4yafrlq0qs27d3e2y1cprwa&st=m8u96959&dl=0

NOTICE TO CONTRACTORS JULY 2024 00020 - 2

BID AND CONTRACT SECURITY

Each bid must be accompanied by a cashier’s check, certified check, or a bid bond in the amount of five percent (5%) of the bid amount. The successful bidder will be required to provide Performance and Payment Bonds in the amount of one hundred percent (100%) of the contract price payable to Treasur-er-State of New Hampshire.

No Bidder may withdraw a Bid within 90 days after the actual date of opening thereof.

PROJECT FUNDING

The project is being funded by dedicated American Rescue Plan (ARPA) Funds (Federal) already appro-priated by the State of New Hampshire and the Department of Environmental Services.

STATE INSPECTION

Work performed on this project shall be subject to inspection by representatives of the NHDES.

Representatives of NHDES shall be given Right of Access to all portions of the proposed work, including but not limited to, actual work site, storage yards, offsite manufacturing and fabricating location and job records.

PREBID CONFERENCE

A pre-bid conference will be held on August 7th (Wednesday) at 10:00AM, as described in Section 00200

– Instructions to Bidders. Bidders are required to attend. Bidders will meet at the sand & gravel pit that is ~0.55miles beyond the entrance to Nash Stream Forest Natural Area (or ~1.0mile from the turn onto Nash Stream Road from Northside Road) at 10:00AM. NHDES will shuttle attendees to Little Bog Pond Dam due to limited parking space. Attendees will be required to walk ~1.5 miles from Little Bog Pond Dam to Lower Trio Pond Dam and return (3.0 miles round trip) on a poorly maintained road with approx-imately 300’ of vertical gain. Please email Charles.S.Krautmann@des.nh.gov if planning to attend.

COMPLETION DATES

The Project shall be substantially completed no later than June 19th, 2026. Project shall be complete no later than July 3rd, 2026. Nash Stream Forest Natural Area will be inaccessible from December 5th, 2025 until May 4th, 2026. 95% of the project must be completed in 2025 with access to the area opening on May 5th, 2025 for mobilization.

OWNER’S RIGHT TO REJECT BIDS

NHDES reserves the right to waive irregularities and to reject any or all bids.

OPENING OF BIDS

Bids will be opened in the lobby at 29 Hazen Drive, Concord, NH 03302-0095 at approximately 2:30PM on September 5th (Thursday).

END OF SECTION 00020

mailto:Charles.S.Krautmann@des.nh.gov

JULY 2024 00200 - 1

SECTION 00200 – INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents are available in electronic format at the follow-ing website:

• https://apps.das.nh.gov/bidscontracts/bids.aspx

• Link to Attachment 1

2.02 Complete sets of the Bidding Documents must be used in preparing Bids; neither Own-er/Engineer nor Resident Project Representative (RPR) assume any responsibility for er-rors or misinterpretations resulting from the use of incomplete sets of Bidding Docu-ments.

2.03 Owner/Engineer and RPR in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 Refer to Section 00340 Bidder Experience Form.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data iden-tified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

https://apps.das.nh.gov/bidscontracts/bids.aspx https://www.dropbox.com/scl/fo/cb712xcvrh7car2p4z7hf/AAV6D4HNpzVQ2CSCLtuNy0g?rlkey=pq4yafrlq0qs27d3e2y1cprwa&st=m8u96959&dl=0

JULY 2024 00200 - 2

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. consider the information known to Bidder; information commonly known to contrac-tors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and draw-ings identified in the Bidding Documents, with respect to the effect of such infor-mation, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of con-struction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bid-ding Documents; and (3) Bidder’s safety precautions and programs;

E. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in ac-cordance with the other terms and conditions of the Bidding Documents;

F. become aware of the general nature of the work to be performed by Owner and oth-ers at the Site that relates to the Work as indicated in the Bidding Documents;

G. promptly give RPR written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolu-tion thereof by RPR is acceptable to Bidder; and

H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.02 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Doc-uments and applying any specific means, methods, techniques, sequences, and proce-dures of construction that may be shown or indicated or expressly required by the Bid-ding Documents, that Bidder has given RPR written notice of all conflicts, errors, ambi-guities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by RPR are acceptable to Bidder, and that the Bidding Doc-uments are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A pre-bid conference will be held on August 7th (Wednesday) at 10:00AM. Bidders are required to attend. Bidders will meet at the sand & gravel pit that is ~0.55miles beyond the entrance to Nash Stream Forest Natural Area (or ~1.0mile from the turn onto Nash Stream Road from Northside Road). NHDES will shuttle attendees to Little Bog Pond

JULY 2024 00200 - 3

Dam due to limited parking space. Attendees will be required to walk ~1.5 miles from Little Bog Pond Dam to Lower Trio Pond Dam and return (3.0 miles round trip) on a poorly maintained road with approximately 300’ of vertical gain. Please email Charles.S.Krautmann@des.nh.gov if planning to attend. Representatives of Own-er/Engineer and RPR will be present to discuss the Project. RPR will transmit to all pro-spective Bidders of record such Addenda as RPR considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submit-ted to Resident Project Representative (RPR) in writing via email (JJacak@geiconsultants.com) with a copy sent to the Owner/Engineer via email (Charles.S.Krautmann@des.nh.gov). Interpretations or clarifications considered neces-sary by RPR in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by RPR as having received the Bidding Documents. Questions re-ceived less than seven days prior to the date for opening of Bids may not be answered.

Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner/Engineer or RPR

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Treasurer, State of New Hampshire in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of 102.09 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consid-mailto:Charles.S.Krautmann@des.nh.gov mailto:JJacak@geiconsultants.com mailto:Charles.S.Krautmann@des.nh.gov

JULY 2024 00200 - 4

er Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid secu-rity furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to RPR, application for such acceptance will not be considered by RPR until after the Effective Date of the Agreement.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppli-ers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identifi-cation is required. Such list shall be accompanied by an experience statement with per-tinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or RPR, after due investigation, has reasonable objection to any proposed Subcontrac-tor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, re-quest apparent Successful Bidder to submit a substitute,

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, JULY 2024 00200 - 5

Supplier, individual, or entity so listed and against which Owner or RPR makes no writ-ten objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and RPR subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies may be ob-tained from RPR. The bid form shall be submitted in an envelope separate from other bidder materials and labeled: “Bid Form.”

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item and allowance item listed therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign.

The corporate seal shall be affixed and attested by the secretary or an assistant secre-tary. The corporate address and state of incorporation shall be shown.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a part-ner (whose title must appear under the signature), accompanied by evidence of authori-ty to sign. The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a mem-ber and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.08 All names shall be printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

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13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Lump Sum

A. Bidders shall submit a Bid on individual sections or any combination of sections as set forth in the Bid Form.

1. Bidders may submit a Bid for any of the separate sections or any combination of sections as provided in the Bid Form. Submission of a Bid on any section signifies Bidder’s willingness to enter into a Contract for that section alone at the price of-fered.

2. Bidders offering a Bid on one or more sections shall be capable of completing the Work within the time period stated in the Agreement.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Con-tract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be re-solved in favor of the unit prices. Discrepancies between the indicated sum of any col-umn of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions.

14.04 Completion Time Comparisons

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A. Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Ar-ticle 9 above.

ARTICLE 15 – SUBMITTAL OF BID

15.01 The Bid Form is to be completed, inserted in a separate envelope and submitted with the Bid security and the following documents:

A. Required Bid security in the form of Bid Bond in the form of a certified or bank check or bid bond;

B. Proposed Schedule for Project Completion

C. List of Proposed Subcontractors;

D. List of Proposed Suppliers;

E. List of Prequalification Projects including References;

F. Noncollusion Affidavit.

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place in-dicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be ac-companied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to Corey Clark, Chief Water Resources Engineer, NH De-partment of Environmental Services, Dam Bureau, 29 Hazen Drive, PO Box 95, Concord, NH 03302-0095

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

JULY 2024 00200 - 8

16.02 Prior to Bid Opening, bids may be withdrawn upon written or telegraphic request of the Bidder provided confirmation of any telegraphic withdrawal over the signature of the Bidder is placed in the mail and postmarked prior to the time set for Bid Opening. Bid documents and security of any Bidder withdrawing his bid in accordance with the fore-going conditions will be returned.

16.03 No Bidder may withdraw a Bid within 90 days after the actual date of opening thereof.

16.04 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids, upon request.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – NON-RESIDENT CONTRACTORS

19.01 The successful bidder, if a corporation established under laws other than the State of New Hampshire, shall file, at the time of the execution of the contract, with the Owner, notice of the name of its resident attorney, appointed as required by the laws of the State of New Hampshire.

19.02 The successful bidder, if not a resident of New Hampshire, and not a corporation, shall file, at the time of execution of the contract, with the Owner a written appointment of a resident of the state of New Hampshire, having an office or place of business therein, to be his true and lawful attorney upon whom all lawful processes in any actions or pro-ceedings against him may be served; and in such writing, which shall set forth said at-torney's place of residence, shall agree that any lawful process against him which is served on said attorney shall be of the same legal force and validity as if served on him and that the authority shall continue in force so long as any liability remains outstanding against him in New Hampshire.

19.03 The power of attorney shall be filed in the office of the Secretary of State if required, and copies certified by the Secretary shall be sufficient evidence thereof. Such ap-

JULY 2024 00200 - 9

pointment shall continue in force until revoked by an instrument in writing, designating in a like manner some other person upon whom such processes may be served, which instrument shall be filed in the manner provided herein for the original appointment.

19.04 A Non-resident Contractor shall be deemed to be:

A. A person who is not a resident of the State of New Hampshire.

B. Any partnership that has no member thereof resident of the State of New Hampshire.

C. Any corporation established under laws other than those of the State of New Hamp-shire.

ARTICLE 20 – EVALUATION OF BIDS AND AWARD OF CONTRACT

20.01 Owner reserves the right to reject any or all Bids, including without limitation, noncon-forming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evalua-tion, to not be responsible. Owner may also reject the Bid of any Bidder if Owner be-lieves that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

20.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bid-der has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

20.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the pre-scribed requirements, and such alternates, unit prices and other data, as may be re-quested in the Bid Form or prior to the Notice of Award.

20.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consid-er the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcon-tractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

20.05 Owner may conduct such investigations as Owner deems necessary to establish the re-sponsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

20.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

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ARTICLE 21 – CONTRACT SECURITY AND INSURANCE

21.01 Article 3 of the General Conditions, as may be modified by the Supplementary Condi-tions, sets forth Owner’s requirements as to performance and payment bonds and in-surance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 22 – SIGNING OF AGREEMENT

22.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the oth-er Contract Documents which are identified in the Agreement as attached thereto.

Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner.

END OF SECTION 00200

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SECTION 00301 – BID FORM

PROJECT IDENTIFICATION: LITTLE BOG POND DAM & LOWER TRIO POND DAM RECONSTRUCTION

PROJECT

Article 1 – BID RECIPIENT

1.01 THIS BID IS SUBMITTED TO: the New Hampshire Department of Environmental Services, 29 Hazen Drive, PO Box 95, Concord, NH 03302-0095, here in after referred to as the Owner.

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

Article 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

2.02 Bidder acknowledges that execution of a contract is subject to receipt of all state and federal permits necessary to complete the work. If permits are not received, the bid security will be returned to the Successful Bidder.

Article 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

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B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

E. Based on the information and observations referred to in Paragraph 3.01.D above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

G. Bidder has given Resident Project Representative (RPR) written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by RPR is acceptable to Bidder.

H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

Article 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding;

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D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

E. The Bidder accepts the state’s terms and conditions that apply to the particular bid and any resulting purchase order or contract by filling out and signing Form P-37 and that any other terms and conditions submitted by the bidder are null and void;

F. The Bidder will be subject to the terms and conditions stated on the purchase order relating to purchase; and

G. The Bidder offers to sell to the state of New Hampshire the commodities or services indicated at the price or prices quoted and in compliance with the requirements and specifications of the bid.

H. In addition to the foregoing, the Bidder shall, as part of his or her Bid submission, certify by notarized affidavit, signed under oath, that neither the Bidder, nor any of its subsidiaries, affiliates or principal officers:

1. Has, within the past 2 years, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been annulled;

2. Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20;

3. Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other document submitted to the state of New Hampshire, which information was not corrected as of the time of the filing a bid, proposal, or quotation;

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4. Is currently debarred from performing work on any project of the federal government or the government of any state;

5. Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state;

6. Is presently subject to any order of the New Hampshire Department of Labor, the New Hampshire Department of Employment Security, or any other state department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or rules that the department, agency, board, or commission is charged with implementing;

7. Is presently subject to any sanction or penalty finally issued by the New Hampshire Department of Labor, the New Hampshire Department of Employment Security, or any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled;

8. Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section;

9. Has failed or neglected to advise the Owner of any conviction, plea of guilty, or finding relative to any crime or violation noted in this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment; or

10. Has been placed on the debarred parties list specified in Adm 606.11 within the past year.

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Article 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

Bidder proposes to furnish all materials and complete the Scope of Work described in general in these Bid Documents and more specifically as described in the Technical Specifications of the Contract Documents and as illustrated on the Contract Drawings for the sum of

(Words) (Numerals)

Bidder hereby agrees that requests for progress payments will be made on the basis of percentage of work complete by item for the items listed on the Schedule of Values, which follows on the following pages of this Bid Form. Bidder shall complete the Schedule of Values as part of the bid process. Bidder agrees that percentages of work completed are subject to approval by the Resident Project Representative (RPR) and the Bureau, or their authorized representative and that the decision of the Bureau regarding the percentage completed will be the sole basis for progress payments.

Bidder hereby agrees that the Terms and Conditions of the Agreement under which the work will be executed will be those as specified in Division 1 of the Contract Documents.

Signature of Printed or Typed Name Printed or Typed Name Person Legally Authorized of Company to Enter into Contractual or Corporation Agreement For Bidder

Date Signed

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All specific cash allowances are included in the price(s) set forth above and have been computed in accordance with Article 9 of the General Conditions.

Unit Prices have been computed in accordance with paragraph 109.01B of the General Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents.

Article 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete on or before June 19th, 2026 and will be completed and ready for final payment in accordance with 109.06.10 of the General Conditions on or before July 3rd, 2026.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement.

Article 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security in the form of Bid Bond (Specification Section 00310 – Bid Bond (Penal Sum), Payment Bond and Performance Bond, identified in Section 00200 – Instructions to Bidders in the form of a certified or bank check or bid bond;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. List of Project References;

E. Noncollusion Affidavit.

F. Proposed Schedule for Project Completion

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Article 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

SUBMITTED on , 20 .

If Bidder is:

An Individual

Name (typed or printed):

By: (SEAL) (Individual’s signature) Doing business as:

Business address:

Phone No.: FAX No.:

A Partnership

Partnership Name: (SEAL)

By:

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed):

Business address:

Phone No.: FAX No.:

A Corporation

Corporation Name: (SEAL) State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):__________________

By:

(Signature -- attach evidence of authority to sign) Name (typed or printed):

Title:

(CORPORATE SEAL)

Attest (Signature of Corporate Secretary)

Business address:

Phone No.: FAX No.:

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Date of Qualification to do business is .

A Joint Venture

Joint Venturer Name: (SEAL)

By:

(Signature of joint venture partner -- attach evidence of authority to sign)

Name (typed or printed):

Title:

Business address:

Joint Venturer Name: (SEAL)

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:

Business address:

Phone and FAX Number, and Address for receipt of official communications:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Notarized Affidavit

On this the ___ day of _________, 2024, before the undersigned officer, personally appeared ________________________(print name), ______________(title), who acknowledged himself to be the person who executed the foregoing instrument for the purpose therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

enter name notary public/JOP, select title

My Commission Expires:

______________________(date)

PENAL SUM FORM

JULY 2024 00310-1

+BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name and Include Location):

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $ (Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

PENAL SUM FORM

JULY 2024 00310-2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and (Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

(Name of Owner)

(Address of Owner) hereinafter called OWNER and unto all persons, firms, and corporations who or which may furnish labor, or who furnish materials to…