rfp-des-2026-19.pdf

MURPHY DAM – NHDES #D194012

MURPHY DAM OUTLET WORKS IMPROVEMENTS PROJECT

PITTSBURG, NEW HAMPSHIRE

APRIL 2026

AGENCY:

The New Hampshire Department of Environmental Services - Dam Bureau

29 Hazen Drive

Concord, NH 03302

RESIDENT PROJECT REPRESENTATIVE:

GFT

101 W Washington Street

Marquette, MI 49855

TABLE OF CONTENTS

DIVISION 0 – BIDDING AND CONTRACT REQUIREMENTS Page

SCHEDULE OF PRICES

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 CONDITIONS 00700-1

00805 SUPPLEMENTARY CONDITIONS 00805-1

CHANGE ORDER

NOTICE OF AWARD

00840 SPECIAL CONDITIONS – SCHEDULE AND SEQUENCE 00840-1

00860 SPECIAL CONDITIONS – PERMITS AND APPROVALS 00860-1

DIVISION 1 – GENERAL REQUIREMENTS (TECHNICAL SPECIFICATIONS)

01110 TABLE OF CONTENTS DIVISION 1 01110-1

01200 PRICE AND PAYMENTS PROCEDURES 01200-1

DIVISION 2 – SITE CONSTRUCTION Page

02222 DEMOLITION 02222-1

02230 SITE CLEARING 02230-1

02235 STRIPPING AND STOCKPILING OF SOIL 02235-1

02273 RIPRAP 02273-1

02310 GRADING 02310-1

02322 EXCAVATION 02322-1

02323 FILL 02323-1

02324 TRENCHING 02324-1

02370 EROSION AND SEDIMENT CONTROL 02370-1

02582 UNDERGROUND DUCTS AND MANHOLES 02582-1

02821 CHAIN LINK FENCES AND GATES 02821-1

02921 TOPSOILING AND SEEDING 02921-1

DIVISION 3 – CONCRETE Page

03100 CONCRETE FORMS AND ACCESSORIES 03100-1

03200 CONCRETE REINFORCMENT 03200-1

03300 CAST-IN-PLACE CONCRETE 03300-1

03600 GROUTS 03600-1

03920 CONCRETE REPAIR 03920-1

DIVISION 5 – METALS Page

05500 METAL FABRICATIONS 05500-1

DIVISION 7 – WOOD, PLASTICS, AND COMPOSITES Page

07311 ASPHALT SHINGLES 07311-1

07620 SHEET METAL FLASHING AND TRIM 07620-1

DIVISION 9 – FINISHES Page

09900 PAINTING 09900-1

DIVISION 13 – SPECIAL CONSTRUCTION Page

13430 INSTRUMENT ENCLOSURES AND CONTROL PANELS 13430-1

DIVISION 16 – ELECTRICAL Page

16050 BASIC ELECTRICAL MATERIALS AND METHODS 16050-1

16060 GROUNDING AND BONDING 16060-1

16070 HANGERS AND SUPPORTS 16070-1

16075 ELECTRICAL IDENTIFICATION 16075-1

16080 ELECTRICAL TESTING 16080-1

16122 LOW-VOLTAGE WIRE CABLE AND ACCESSORIES 16122-1

16131 CONDUIT AND TUBING 16131-1

16138 BOXES 16138-1

DIVISION 23 – HEATING, VENTILATION AND AIR CONDITIONING Page

23830 RADIANT HEATING SYSTEM 23830-1

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION Page

35222 JET FLOW GATES 35222-1

DIVISION 40 – PROCESS INTEGRATION Page

40710 FLOW MEASUREMENT 40710-1

DIVISION 41 – JIB CRANE Page

41221 JIB CRANE 41221-1

CONTRACT DRAWINGS (Included separately as ATTACHMENT 1) Drawing No. Title

G-1 COVER SHEET

G-2 GENERAL NOTES AND LEGEND

G-3 PROJECT REHABILITATION SCHEDULE

G-4 ALIGNMENT LAYOUT & SURVEY CONTROL PLAN

C-1 EXISTING PLAN WITH AERIAL

C-2 PENSTOCK PLAN AND PROFILE

C-3 OUTLET WORKS EXISTING PLAN AND PROFILE

C-4 OUTLET WORKS EXISTING CONTROL BUILDING PLANS

C-5 OUTLET WORKS EXISTING CONTROL BUILDING SECTIONS

C-6 OUTLET WORKS DEMOLITION PLAN AND ELEVATION

C-7 OUTLET WORKS DEMOLITION SECTION AND ELEVATION

C-8 PROPOSED STAGING AREA GRADING PLAN

C-9 OUTLET WORKS PROPOSED PLAN AND PROFILE

C-10 PROPOSED PENSTOCK LINER EXTENSION PLAN AND SECTIONS

C-11 CONCRETE REPAIR DETAILS

A-1 OUTLET WORKS CONTROL BUILDING ROOF REPAIRS PLAN AND ELEVATIONS

S-1 PROPOSED HEADWALL PLATFORM PLAN, ELEVATION AND DETAILS

S-2 LINER EXTENSION AND FLANGE DETAILS

S-3 LOADING PLATFORM, SECTION AND DETAILS

S-4 MISCELLANEOUS STRUCTURAL DETAILS

ES-1 EROSION AND SEDIMENT CONTROL PLAN

ES-2 EROSION AND SEDIMENT CONTROL DETAILS

ES-3 EROSION AND SEDIMENT CONTROL NOTES

E-1 ELECTRICAL PLAN

M-1 HYDRONIC HEATING SYSTEM P & ID DIAGRAM

Notice to Contractors (Section 00020)

SECTION 00020 – NOTICE TO CONTRACTORS

RECEIPT OF BIDS

Sealed bid proposals for the Murphy Dam Outlets Improvements will be received by New Hampshire Department of Environmental Services (NHDES or Agency) - Dam Bureau.

Bids will be accepted at 29 Hazen Drive, PO Box 95, Concord, NH 03302-0095, until 1300 on June 19th, 2026 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 “MURPHY DAM OUTLETS IMPROVEMENTS”. Bid form shall be enclosed in a separate envelope labeled “Bid Form”.

GENERAL DESCRIPTION OF WORK

This project is located on Lake Francis in Coos County, New Hampshire, and is being performed for NHDES. The intent of the project is to rehabilitate the existing dam to meet current dam safety regulations and include:

• Replacement of existing 84-inch DOW valves with two 72-inch jet-flow gates and new hydraulic operator systems.

• Installation of concrete-encased steel penstock liner extensions and associated structural repairs.

• Construction of a reinforced concrete operator platform with hydronic heating, jib crane, and new safety railings/fencing.

• Electrical upgrades including new control paneling, conduit, and ultrasonic flow-meter installations.

• Access road improvements, erosion-control measures, and selective demolition of existing valves/equipment.

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:

• Statewide Bids and Proposals | Procurement and Support Services | NH Department of Administrative Services (use the Name of Project at the top of this document to search by bid description)

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 Treasurer-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 capital funds already appropriated 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 May 20th, 2026 (Wednesday), as described in Section 00200 – Instructions to Bidders. Bidders are required to attend.

COMPLETION DATES

The Project shall be substantially completed no later than December 1st, 2028. Project shall be complete no later than December 31st, 2028.

AGENCY’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 1330 on June 19th, 2026 (Friday).

END OF SECTION 00020

https://apps.das.nh.gov/NHProcurement/Bid

MURPHY DAM OUTLET WORKS IMPROVEMENTS

MARCH 2026 00200 - 1

SECTION 00200 – INSTRUCTIONS TO BIDDERS

ARTICLE 1 – Defined Terms

1.01 Terms and abbreviations used in these Bidding Documents, if not described in the

Bidding Document where the term is used, shall have the meanings indicated in the Form P-37, General Provisions, General Conditions and Supplementary Conditions.

Any conflicts in the definitions shall be resolved in the following order of precedence:

Form P-37, General Provisions, General Conditions, and Supplementary Conditions.

ARTICLE 2 – Copies of Bidding Documents

2.01 Complete sets of the Bidding Documents are available in electronic format at the following website:

• Statewide Bids and Proposals | Procurement and Support Services | NH Department of Administrative Services (use the Name of Project at the top of this document to search by bid description)

2.02 Complete sets of the Bidding Documents must be used in preparing Bids; neither Agency nor Resident Project Representative (RPR) assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Agency 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 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports known to the Agency of explorations and tests of subsurface condi-tions at or contiguous to the Site.

4.02 On request, the Agency will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and

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studies. Bidder shall comply with all applicable Laws and Regulations, including but not limited to those relative to excavation and utility locates.

4.03 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 identified 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;

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. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site E. consider 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 any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

F. 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 accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by the Agency and others at the Site that relates to the Work as indicated in the Bidding Documents;

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

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

4.04 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 Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given RPR written notice of all conflicts, errors, ambiguities, 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

MARCH 2026 00200 - 3

Documents 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 at 1100 local time on May 20th, 2026 at the downstream control building at Murphy Dam in Pittsburg, NH. Representatives of the Agency and RPR will be present to discuss the Project. Bidders are required to attend and participate in the conference. RPR will transmit to all prospective 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 the Agency 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 submitted to RPR in writing via email (jpaquet@gftinc.com) with a copy sent to the Agency via email (charles.s.krautmann@des.nh.gov). Interpretations or clarifications considered necessary 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 received 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 Agency 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 mailto:charles.s.krautmann@des.nh.gov

MARCH 2026 00200 - 4

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, the Agency may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be the Agency’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom the Agency believes to have a reasonable chance of receiving the award may be retained by the Agency until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom the Agency 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, Suppliers, individuals, or entities to be submitted to the Agency 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 the Agency a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by the Agency. If the Agency or RPR, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, the Agency

MARCH 2026 00200 - 5

may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute.

12.02 If apparent Successful Bidder declines to make any such substitution, the Agency 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, Supplier, individual, or entity so listed and against which the Agency or RPR makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to the Agency 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 obtained 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 secretary. 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 partner (whose title must appear under the signature), accompanied by evidence of authority 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 member 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. 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 New Hampshire, 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 offered.

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 Contract 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 resolved in favor of the unit prices. Discrepancies between the indicated sum of any column 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

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 Article 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:

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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 received by the Agency no later than the date and time prescribed and at the place indicated 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 accompanied 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 Chief Water Resources Engineer, NH Department 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.

16.02 Prior to Bid Opening, bids may be withdrawn upon written request of the Bidder provided confirmation of any email 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 foregoing 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 the Agency and promptly thereafter demonstrates to the reasonable satisfaction of the Agency 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. The Agency reserves the right to inform the Department of Administrative Services of any false, deceptive, or fraudulent information provided to the Agency that was not corrected as of the time of the filing of a bid, proposal or quotation in accordance with RSA 21-I:11-c.

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

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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 the Agency 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 Agency, 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 Agency 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 proceedings against the bidder may be served; and in such writing, which shall set forth said attorney's place of residence, shall agree that any lawful process against the bidder which is served on said attorney shall be of the same legal force and validity as if served on the bidder and that the authority shall continue in force so long as any liability remains outstanding against the bidder 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 appointment 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

Hampshire.

ARTICLE 20 – Evaluation of Bids and Award of Contract

20.01 The Agency reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. The Agency further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. The Agency may also reject the Bid of any Bidder if the Agency believes that it would not be in the best interest of the Project to make an award to that Bidder. The Agency also reserves the right to waive all informalities not

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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 Bidder 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, the Agency will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

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

20.05 The Agency may conduct such investigations as the Agency deems necessary to establish the responsibility, 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, the Agency will award the Contract to the Bidder whose Bid is in the best interests of the Project.

ARTICLE 21 – Contract Security and Insurance

21.01 Article 3 of the General Conditions, as may be modified by the Supplementary

Conditions, sets forth the Agency’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to the Agency, it shall be accompanied by such bonds.

ARTICLE 22 – Signing of Agreement

22.01 When the Agency 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 other 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 the Agency.

END OF SECTION 00200

00301 - 1

SECTION 00301 – BID FORM

PROJECT IDENTIFICATION: MURPHY DAM OUTLET WORKS IMPROVEMENTS

Article 1 – BID RECIPIENT

1.01 THIS BID IS SUBMITTED TO: Chief Engineer, New Hampshire Department of Environmental

Services, Dam Bureau, 29 Hazen Drive, PO Box 95, Concord, NH 03302-0095, here in after referred to as the Agency.

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the Agency 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 the Agency.

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

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.

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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.E 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 the Agency 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;

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 the Agency, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive the Agency of the benefits of free and open competition;

00301 - 3

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Agency, 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;

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;

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9. Has failed or neglected to advise the Agency 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.

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 Person Legally Authorized to Enter into Contractual Agreement For Bidder

Printed or Typed Name Printed or Typed Name of Company or Corporation

Date Signed

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BID ITEMS

IN DOLLARS AND CENTS

ITEM

NO.

DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

PRICE

01200-1

Mobilization, Demobilization and Preparatory Work

(Lump Sum Price written in words)

Lump Sum

NA

01200-2

Bonds and Insurances

01200-3

Care and Diversion of Water

01200-4

Dewatering

01200-5

Erosion and Sediment Control

01200-6

Clearing and Grubbing

(Unit Price written in words)

Acre

0.5

01200-7

Select Demolition and Removal

01200-8a

Site and Earthwork - Stripping and Stockpiling of Topsoil

Cubic Yard

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ITEM

NO.

DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

PRICE

01200-8b

Site and Earthwork – Common Excavation

01200-8c

Site and Earthwork – Common Fill Placement and Compaction, Utilities Trench

01200-8d

Site and Earthwork – Common Fill and Placement, Slab-on-grade

01200-8e

Site and Earthwork – Rock Excavation / Trimming

01200-8f

Site and Earthwork – Backfill and Associated Grading Around New Structures

01200-8g

Site and Earthwork – Topsoil Placement, Seeding and Restoration

Acre

0.5

01200-9a

Concrete Construction – Cast-in-place concrete retaining wall and slab-on-grade along right wall of plunge pool

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ITEM

NO.

DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

PRICE

01200-9b concrete operator deck, wall extensions

01200-9c concrete for liner extension encapsulation

01200-9d

Concrete Construction – Concrete repairs for headwall

Square Foot

01200-9e

Concrete Construction – Non-shrink Grout for Equipment Based and Anchors

Cubic Foot

01200- 10a

Mechanical Fabrications – Supply and Installation of Jib Crane Assembly

10b

Mechanical Fabrications – Downstream Conduit Liner Extension

11a

Hydraulic and Flow-Control Equipment – Fabricate, deliver and install new 72-inch Jet Flow Gates (2-units) complete with steel guides and seals

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ITEM

NO.

DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

PRICE

11b

Supply and install hydraulic operators, actuators and control systems for Jet Flow Gates

01200-11c

Field testing and commissioning of gates and operators

11d

Ultrasonic flow meter system – supply, install and calibrate

12a

Building Rehabilitation – Control building roof replacement (asphalt shingles and flashing)

12b

Building Rehabilitation – Sheet metal trim, gutters and downspouts

13a

Miscellaneous – Chain-link fence installation

(Unit Price written in words))

Lineal Foot

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ITEM

NO.

DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

PRICE

13b

Miscellaneous – Hand-rail, mounted to top of concrete

(Unit Price written in words))

Lineal Foot

14a

Operator Deck Radiant Heating System – Furnish, install and commission complete hydronic radiant heating system per Section 23 83 30.

01200-15

Southern Access Road Improvements and Maintenance

01200-16

Demolition and Removal of Dow Valves and Control Equipment

01200-17

Change Order Contingency Five-hundred Thousand Dollars

500,000

Bid Price (Summation of all Line Item Bid Prices)

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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 December 1st, 2028 and will be completed and ready for final payment in accordance with 109.06.10 of the General Conditions on or before December 31st, 2028.

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 Form

P-37, Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

Any conflicts in the definitions shall be resolved in the following order of precedence:

Form P-37, General Provisions, General Conditions, and 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.:

An entity

Entity Name: (SEAL) Type of entity (partnership, corporation, limited liability company, other):______________ By:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Business address:

Phone No.: FAX No.:

Provide notarized execution by any additional parties, such as joint venturers, if necessary.

NOTARIZED AFFIDAVIT

On this the ___ day of _________, 20__, 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

MARCH 2026 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):

State of New Hampshire Department of Environmental Services, Dam Bureau

29 Hazen Drive PO Box 95 Concord, NH 03302-0095

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

PENAL SUM FORM

MARCH 2026 00310-2

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

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…