Maple Street Culvert Replacement Project. Bid Documents & Specifications

Transcription

1 Maple Street Culvert Replacement Project Bid Documents & Specifications City of Somersworth, NH Contract Administrator: Director of Finance and Administration City Hall One Government Way Somersworth, NH January 7, 2016

2 TABLE OF CONTENTS A. BIDDING DOCUMENTS (includes the Invitation to Bid, Information for Bidders, Instructions to Bidders, Statement of Bidder s Qualifications, Bid Proposal and Bid Bond) B. CONTRACT DOCUMENTS (includes the Notice of Award and Acceptance of Notice, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Order Form, Certificate of Substantial Completion, Certificate of Final Completion, Contractor s Affidavit, Contractor s Final Release and Waiver of Lien, and General Conditions of the Contract) C. TECHNICAL SPECIFICATIONS DIVISION 1. GENERAL PROVISIONS Technical Specifications Measurement and Payment D. PERMITS 1. Wetlands Permit E. PLANS 1. Maple Street Culvert Replacement (6 sheets)

3 Bid # ADVERTISEMENT CITY OF SOMERSWORTH, NH INVITATION TO BID The Finance Department, 2 nd Floor, City Hall, One Government Way, Somersworth, New Hampshire 03878, will receive sealed Bids for MAPLE STREET CULVERT REPLACEMENT PROJECT until 2:00 PM on Thursday, February 11, 2016 at which time and place they will be opened and publicly read. The sealed envelope should be plainly marked: MAPLE STREET CULVERT REPLACEMENT PROJECT The project involves replacing an existing stone box culvert that conveys an unnamed stream under Maple Street at a location approximately 0.1 miles north of Brian Street. The culvert is in very poor condition and will be replaced with a new corrugated metal pipe arch culvert. Replacement of sections of existing utilities (water & sewer), installation of guardrails, repaving, and site restoration are required. Bid packages will be distributed electronically at no charge to prospective Bidders only by the City of Somersworth Finance Director located at City Hall, One Government Way, Somersworth, NH by calling (603) or via (ssmith@somersworth.com). A non-mandatory pre-bid meeting will be held in City Council Chambers, City Hall, 1 Government Way, Somersworth, NH at 1:00 PM on Wednesday, January 20, Bidders are encouraged to visit the project site to familiarize themselves with the project area. Submission of a Bid indicates the Bidder s understanding and acceptance of the site constraints and project requirements. A certified check, cash, or check drawn by a New Hampshire bank, or Bid Bond for and subject to conditions provided in the Instruction to Bidders shall accompany each bid. The amount of such bid deposit shall be five percent (5%) of the total bid, made payable to the City of Somersworth, New Hampshire. The successful Bidder will be required to furnish a Performance Bond and a separate Payment Bond, each in the amount of one hundred percent (100%) of the contract price. The City of Somersworth reserves the right to reject any or all bids or any part thereof, to waive any formality, informality, information or errors in the bidding, and to accept the bid considered to be in the best interest of the City. Failure to submit all information listed in the Table of Contents, Section A Bidding Documents and/or submission of an unbalanced bid are sufficient reasons for the City of Somersworth to declare a bid as non-responsive and subject to disqualification. Bid Due Date/Time: February 11, 2016 not later than 2:00 PM

4 A. BIDDING DOCUMENTS

5 INFORMATION FOR BIDDERS City of Somersworth Maple Street Culvert Replacement Project 1. Project Description The City of Somersworth is soliciting bids for a culvert replacement project on Maple Street. The project involves the installation of a new 87 X 57 corrugated metal pipe arch culvert, new headwalls, and installation of new guardrail. Installation of precast concrete catch basins, pavement restoration, and site restoration will also be required. The following project description is for illustrative purposes only and does not commit the City to perform the work described or to limit the work performed under the terms, conditions and specifications contained in this document to only those project details described below. The City reserves the right to change project scope either by adding additional work or eliminating some of the work described prior to the issuance of Purchase Orders against the signed contract if it is deemed in the best interest of the City. Maple Street Culvert Replacement The exisiting stone box culvert currently in place is in extremely poor condition. The City of Somersworth Public Works Department temporarily stabilized the culvert by inserting a piece of concrete pipe on one end and plastic pipe on the other. The chosen method of final repair consists of removing the stone box culvert, temporary pipe sections, and headwalls and installing a new 87 X 57 corrugated metal polymerized pipe arch with stream bottom simulation. Project plans are neutral on headwall depth intentionally to leave the Bidder s option for selecting precast concrete or cast-in-place concrete for the headwall and footing. Bidder s engineer will prepare/stamp plans for review/approval by the City s designated engineering representative. Rebar shall be epoxy coated meeting NHDOT Road & Bridge Specifications. Cofferdams will be needed to control water flow while removing and repalcing the culvert and headwalls. The Contractor is required to submit a stream diversion/dewatering plan for City and NHDES review and approval prior to the start of work. Sections of sewer and water pipe are to be replaced. Approximately 50 feet of 12-inch asbestos concrete sewer pipe and 70 feet of 10 asbestos concrete water main are to be removed, transported, and disposed of in accordance with Federal, State, and local rules, regulations, and guidelines (see Section 202 of NHDOT Specifications). Other existing City utilities will need to be protected and maintained. The City estimates that the existing water and sewer mains are 50 to 60 years old. The City estimates approximately 50 homes are connected to the sewer, but cautions that rainfall events can trigger inflow and infiltration into City sewers. Once the new culvert has been installed (including corresponding headwalls) and properly backfilled, the new catch basin and outlet pipe shall be installed and the road bed rebuilt, broken/damaged pavement removed, and new pavement installed. Paving will consist of new asphalt installed in two layers per the sections and details on the plans and meeting NHDOT specifications. New metal guardrail will be installed on both sides of the road at the limits and location on the plans. 2. Bid Documents, Plans and Specifications, Addenda Copies of the bid documents and specifications may be obtained from the Finance Director, City Hall, One Government Way, Somersworth, New Hampshire All questions concerning the specifications and bid/contract documents shall be submitted in writing not later than five (5) business days prior to the bid opening to the Finance Director via fax: or ssmith@somersworth.com. Responses to questions will be provided to all BIDDERS of record in writing as Addenda not later than three (3) business days prior to the bid opening. Bid documents

6 and specifications may be viewed at the Public Works Office between the hours of 9:00 a.m. and 3:00 p.m. at 18 Lilac Lane in Somersworth, New Hampshire Bid Bond All bids must be submitted with a certified check, cash, or check drawn by a New Hampshire bank, or Bid Bond for and subject to conditions provided in the Instruction to Bidders shall accompany each bid. The amount of such bid deposit shall be five percent (5%) of the total bid, made payable to the City of Somersworth, New Hampshire. 4. Construction Schedule The successful BIDDER shall commence work under this contract on or before a date to be specified in the Notice to Proceed and complete the project as outlined in the Project Description. No winter work will be allowed. It is anticipated that construction will commence on or after June 20, 2016, pending low flow conditions as required by the NHDES Wetlands permit. The work shall be substantially complete on or before August 19, 2016 and fully complete by September 30, Receipt of Bids The City of Somersworth, New Hampshire, (OWNER) will accept sealed bids at the Finance Office, City Hall, One Government Way, Somersworth, New Hampshire until 2:00 p.m. (local time) on February 11, 2016, at which time the bids will be opened and read aloud. The envelopes containing the bids must be sealed and designated as CITY OF SOMERSWORTH MAPLE STREET CULVERT REPLACEMENT PROJECT. The bid opening shall be public and open to all parties. 6. Review of Bids The City of Somersworth reserves the right to reject any or all bids or any part thereof, to waive any irregularity in any bids, to waive any formality, informality, information or errors in the bidding, and to accept the bid considered to be in the best interest of the City. The City reserves the right to change the project scope either by adding additional work or eliminating some of the work described prior to the issuance of Purchase Orders against the signed contract. 7. Award of Contract The City of Somersworth will issue a single contract for the entire project to one Bidder. The successful Contractor will bill the City directly and the City will be responsible for paying the Contractor for services provided as specified in the AGREEMENT. The successful BIDDER will be required to furnish the necessary Payment and Performance Bonds and Insurance Certificates prior to receiving the Notice to Proceed from the City.

7 INSTRUCTIONS TO BIDDERS City of Somersworth Maple Street Culvert Replacement Project 1. Bidder s Understanding of Project 2. Proposal Format 3. Printed Form of Proposal 4. Omissions, Discrepancies, Questions, and Addenda 5. Postponement of Date for Presenting and Opening Proposals 6. Prices 7. Acceptance or Rejection of Proposals 8. Bidder s Qualifications 9. Successful Bidder and Acceptance of Proposal 10. Schedule 11. Execution of Contract Agreement 12. Damages for Failure to Execute Agreement 13. Specifications and Plans 14. Manufacturer s Experience and Warranty 15. Safety and Health Regulations 16. U.S.D.O.T. Compliance 17. Additional Work

8 1. BIDDER S UNDERSTANDING OF PROJECT BIDDERS must examine and familiarize themselves with all documents contained in the bid package, visit the location(s) of the work, and inform themselves of the difficulties attending the execution of the work prior to the submission of their Proposals. BIDDERS shall understand that this project will have an impact on the abutters of the project site and to the general public, due to the nature of the construction and disruption to travel. BIDDERS shall agree to support the City s efforts to provide excellent public service by being respectful to all people that it interacts with and by providing weekly construction updates (via ) to the City so that planned construction efforts can be properly communicated to the public and project stakeholders. By submitting a Bid Proposal, BIDDERS are acknowledging their full understanding and acceptance of the project requirements. 2. PROPOSAL FORMAT The Contract Documents request a proposal for a project which may be awarded as one contract to one BIDDER. The OWNER will evaluate the bids and make decisions in the best interest of the OWNER. 3. PRINTED FORM OF PROPOSAL All Bids must be made upon the attached form of Bid Proposal and should provide prices in words and in figures as well as a total price for each bid item; and must be signed and acknowledged by the BIDDER, in accordance with the directions in the Proposal. 4. OMISSIONS, DISCREPANCIES, QUESTIONS, AND ADDENDA Should a BIDDER find discrepancies in or omissions from the Contract Documents or is in doubt as to their meaning, the BIDDER should at once notify the OWNER in writing at least five (5) business days before the date for receipt of bids. The OWNER will prepare Addenda with answers provided to address all questions received. At least three (3) business days prior to the bid opening date and time, Addenda will be sent to each BIDDER who is on record as having received the Contract Documents. All information given to BIDDERS by means other than as outlined above is given informally and shall not be used as the basis of a claim-against the OWNER. 5. POSTPONEMENT OF DATE FOR PRESENTING AND OPENING PROPOSALS The OWNER reserves the right to postpone the date for presentation and opening of Proposals and will give notice of such postponement to each prospective BIDDER of record. 6. PRICES In the event of discrepancies between the price totals quoted in the Proposal and any unit price or lump sum figures, the unit price or lump sum figures shall control. The BIDDER s prices are to include the furnishing of all material, plant, equipment, tools, labor, and other facilities required for the completion of the work. The BIDDER shall prepare his prices for the Proposal based on the BIDDER s expectations of manpower, equipment, and materials needed to complete the project. After the award of the Contract, if the successful BIDDER desires to use equipment or materials other than those called for in the specifications or on the project plans, the successful BIDDER shall submit data to the OWNER to prove equality or superiority to the materials specified, submit reasons for the proposed change, submit the amount of credit (if any) to the Contract Price, and provide OWNER with documentation for the proposed changes such that the Owner may decide as to the suitability of the proposed substitution. Rejection of said proposal shall not free the BIDDER from completing the work at the Contract Price using the materials and equipment called for in the project specifications and on the project plans.

9 7. ACCEPTANCE OR REJECTION OF PROPOSALS The OWNER reserves the right to reject any or all Proposals for any reason, or to accept any bid which it deems to be in its best interest. Any Proposal which is incomplete, obscure, or irregular, may be rejected; any Proposal having erasures or corrections in the price sheet may be rejected; any Proposal that omits a bid on any one or more items may be rejected; and any Proposal accompanied by an insufficient or irregular certified check or Bid Bond may be rejected. The use of unbalanced bids is prohibited and will be rejected. If the BIDDER submits a Proposal before the deadline time for submission, the BIDDER may, in writing, modify his original Proposal for submission. No oral, telephone, facsimile, telegraph, or electronic communications for modifications to the Proposal will be considered. 8. BIDDER'S QUALIFICATIONS It is the purpose of the OWNER not to award this Contract to any BIDDER who does not furnish evidence satisfactory to the OWNER that the BIDDER has the ability, skill, integrity and experience in this class of work and has sufficient capital and plant to enable the successful and complete execution of this contract within the specified time. In determining the skill, ability, and integrity of the responsible and eligible BIDDERS the following elements will be considered: Whether the BIDDER has (a) previously defaulted on, failed to perform properly, or failed to complete on time contracts of similar nature; (b) habitually and without just cause neglected payment for material or to employees; (c) a permanent place of business; (d) adequate plant and equipment to do the Work properly; (e) a suitable financial status to meet the obligations incident to the Work; (f) appropriate technical experience; (g) labor force that can work in harmony with all other elements of labor employed; (h) sufficient bonding capacity; and, (i) adequate Superintendence. 9. SUCCESSFUL BIDDER AND ACCEPTANCE OF THE PROPOSAL Except where the OWNER exercised its right to reject any or all Proposals, the Contract will be awarded to the lowest responsive, responsible, and qualified BIDDER. Within ninety (90) days after opening the Proposals the OWNER will prepare a Notice of Intent to Award letter signed by a duly authorized representative of the OWNER. The Notice of Intent to Award letter shall be delivered to the successful BIDDER along with an Acceptance of Notice of Award form which shall be signed by the successful BIDDER and returned to the Owner as the BIDDER S commitment to execute the Contract. The Notice of Award and formal acceptance of the Proposal will be made in writing to the successful BIDDER by the OWNER within thirty (30) days of receiving the BIDDER s signed Acceptance of Notice of Award. A duly authorized representative of the OWNER will sign the Notice of Award. The rights and obligations provided for in the Contract shall become effective and binding upon the Parties only with its formal execution by the OWNER. 10. SCHEDULE The successful BIDDER shall begin work on or after June 20, 2016, pending low flow conditions in accordance with the NHDES Wetlands permit, and shall execute the work to Substantial Completion on or before August 19, 2016 and to Final Completion by September 30, 2016 at which time all punch list items shall be complete. The construction start may be advanced, pending frost free ground, low flow conditions, and resolution of any potential impacts to school busing, waste collection, and other traffic. The successful BIDDER shall submit a detailed proposed construction schedule for City review and shall coordinate with the City to ensure that the project is constructed in a manner that minimizes impacts and disruption to abutters and the public. If the schedule cannot be met as outlined, the OWNER may impose Liquidated Damages in the amount of $500 per day beyond the date of Final

10 Completion. No Liquidated Damages will be imposed if the OWNER has changed the schedule at its sole discretion because it was deemed by the OWNER to be in its best self-interest to do so. The OWNER will notify the successful BIDDER of such occurrences as soon as they are known. 11. EXECUTION OF CONTRACT AGREEMENT Any BIDDER who s Proposal shall be accepted will be required to execute the Contract AGREEMENT within ten (10) business days after receipt of the Notice of Award indicating that the Contract has been awarded to him. The Contract AGREEMENT shall be accompanied by a Performance Bond in the amount of one hundred percent (100%) of the Bid Price and a Payment Bond in the amount of 100% of the Bid Price. The BIDDER s Surety Company shall be licensed to do business in the State of New Hampshire. The successful BIDDER (and his Subcontractors) shall submit Certificates of Insurance and an endorsement naming the City of Somersworth, its officials, agents, employees, and volunteers as additional insured, showing the following limits: a. Workmen's Compensation Insurance b. Commercial General Liability Limits of Liability Bodily Injury: $2,000,000 per occurrence $2,000,000 aggregate Property Damage: $500,000 per occurrence $500,000 aggregate c. Combined Single Limit, Bodily Injury and Property Damage $1,500,000 per occurrence - $1,500,000 aggregate The Contractor shall comply with all Federal, State and local laws and ordinances relating to Social Security, Unemployment Insurance, Pensions, etc. 12. DAMAGES FOR FAILURE TO EXECUTE AGREEMENT The damages to the OWNER for such a breach shall include loss from the interference with his construction program and other items. The OWNER will retain the amount of the certified check or Bid Bond accompanying the Proposal of such BIDDER as liquidated damages for such breach. In the event any BIDDER whose Proposal shall be accepted shall fail or refuse to execute the Contract Agreement hereinbefore provided, and the OWNER, at his option, determines that such BIDDER has abandoned the Contract and thereupon his Proposal and the acceptance thereof shall be null and void and the OWNER will be entitled to liquidated damages as above provided. 13. SPECIFICATIONS AND PLANS The Specifications for the project are to be found in the most recent edition of New Hampshire Department of Transportation's Standard Specifications for Road and Bridge Construction. The project plans were prepared by CMA Engineers under contract to the OWNER. The plans depict the general nature and arrangement of the work and are not to be construed as containing every minute detail of the existing or proposed conditions. By submitting a bid the successful BIDDER is acknowledging his understanding of the project elements and his commitment to the OWNER to execute the contract work to meet the intent of the specifications and plans. 14. MANUFACTURER'S EXPERIENCE AND WARRANTY Wherever it may be written that an equipment manufacturer must have a specified period of experience with his product, products which do not meet the specified experience period may be considered if the product supplier or manufacturer is willing to provide a bond or cash deposit for an extended time period exceeding the standard protect warranty period which will guarantee replacement of the equipment in the event of failure. The standard warranty period for all materials and workmanship on the project is one year from the date of substantial completion.

11 15. SAFETY AND HEALTH REGULATIONS This project is subject to all of the Safety and Health Regulations (29 CRF Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24, BIDDERS are urged to become familiar with the requirements of these regulations. 16. U.S.D.O.T. COMPLIANCE The BIDDER shall be in compliance with the U.S. Department of Transportation's Federal Motor Carrier Safety Regulations, Parts 49CFR382 and 49CFR383. The BIDDER shall maintain compliance with those regulations from date of contact award to project completion. 17. ADDITIONAL WORK If the OWNER requires the successful BIDDER to conduct work that is outside the scope of work contained herein, the OWNER will negotiate unit and/or lump sum prices for the out of scope work with the successful BIDDER and prepare a change order to the Contract that outlines the work to be done, its value, and the agreed price, not otherwise contained herein. All change orders require approval by the City Manager.

12 STATEMENT OF BIDDER'S QUALIFICATIONS Complete the following questions relative to BIDDER's qualifications. All questions must be answered and the data given must be clear and comprehensive. This form must be notarized. If necessary, add separate sheets. 1. Name of Bidder: 2. Permanent Main Office Address: 3. When Incorporated: 4. Where Incorporated: 5. How many years have you been engaged in the contracting business under your present firm name? 6. Contracts on hand: (Attach list showing project title, project location, and gross contract value of each contract and the approximate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete work awarded to you? YES NO If yes, where, when and why? 9. Have you ever defaulted on a contract? YES NO If so, where, when and why?

13 10. List relevant projects recently completed (past 5 years) by your company, stating approximate value of each, the month / year completed, Engineer of record, and Owner s contact / telephone number. (Attach separate page(s) as needed.) 11. List your major equipment AVAILABLE FOR THIS CONTRACT. (Attach equipment schedule if necessary.) 12. List experience in construction work similar in nature to this project. 13. With what banks do you do business? Do you grant the OWNER permission to contact this (these) financial institutions? YES NO 14. If your answer to Number 13 is NO, please explain why. 15. How do you intend to meet the schedule described in the Scope of Work? 16. If you intend to hire subcontractors to do any part of the work, please specify who by providing their company name, mailing address and primary contact name with phone number.

14 NAME OF BIDDER BY: Authorized Signature Name Title STATE OF ( ) ( ) SS. COUNTY OF ( ) I,, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and Seal this day of, Notary Public My Commission Expires

15 BID PROPOSAL Proposal of (Hereinafter called "BIDDER"), organized and existing under the laws of the State of doing business as (a Corporation, Partnership, or an Individual) To the City of Somersworth (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the MAPLE STREET CULVERT REPLACEMENT PROJECT in strict accordance with the INSTRUCTIONS TO BIDDERS, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and fully complete according to the schedule herein. BIDDER hereby agrees to meet the schedule outlined in Article 10 of the Instructions to Bidders, or be subject to the penalties outlined in said article if schedule is not adhered to. BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA:

16 BID SCHEDULE BIDDER: PROJECT: OWNER: Maple Street Culvert Replacement Somersworth, New Hampshire City of Somersworth unit prices or lump sum: BIDS shall include sales tax and all other applicable taxes and fees. PRICES WRITTEN IN WORDS SHALL GOVERN AND UNIT PRICES SHALL GOVERN OVER EXTENDED TOTALS WHEN ALL prices shall be typewritten or written by hand in black ink. The BIDDER must submit the following additional documents with the bid. a. Bid Bond (or certified check) b. Statement of Bidder's Qualifications Bid Item No. Est. Qty. Units Bid Item Description and Unit Price in Words Unit Price in Figures (Dollars and Cents) Extended Total in Figures (Dollars and Cents) 1 1 LS Mobilization, Project Setup & Demobilization, Cofferdam and Water Diversion, Exploratory Test Pits & Protection of Utilities, Excavation, Rock Excavation, Demolition of Existing Culvert and Headwalls, New Culvert and Headwalls, Sewer Pipe, Drain MH, & Drain Pipe Installation, Sewer Manhole Installation, 12" CLDI Water Main Installation, Road Reconstruction and Paving, Guardrail Installation, Traffic Control/Maintenance, General Site Work, Project Cleanup, Site Restoration, Loam & Seed, Other Required Work: Dollars and Cents per Lump Sum PROJECT BID PROPOSAL: (written) $ (figures) dollars Page 1 Maple Street Culvert Replacement Bid Form

17 The above unit and/or lump sum prices shall include all labor, materials, removal, overhead, profit, insurance, etc. to cover the finished work of the several kinds called for. The BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any technical or legal deficiencies and to accept any bid that is determined to be in the best interest of the OWNER. Examination of Proposed Materials The submission of a bid shall be deemed a representation and warranty by the BIDDER that it has investigated all aspects of the Bid Documents and Specifications, that it is aware of the applicable facts pertaining to the Bid Documents and Specifications process and its procedures and requirements, and that it has read and understands the Bid Documents and Specifications. No requests for modification in the provisions of the bid shall be considered after its submission on the grounds that the BIDDER was not fully informed as to any fact or condition. Statistical information, which is contained within the Bid Documents and Specifications or any addendum thereto, is for informational purposes only. The OWNER disclaims any responsibility for this information that may subsequently be determined to be incomplete or inaccurate Quantities Quantities of materials, whether to be used on projects, or purchased directly by the OWNER, are provided for informational purposes only unless otherwise specifically stated. The OWNER disclaims any responsibility for this information that may subsequently be determined to be incomplete or inaccurate. BIDDERS are responsible to verify the accuracy of these estimates. Bid Results After the bids are opened and read, the bid results will be available for the public. BIDDERS that desire a comprehensive list of the bid results may do so by attending the bid opening, or requesting such, in writing, from the Director of Finance and Administration. The award of a bid shall not be considered official until such time that a Purchase Order, fully executed contract, or an award letter has been issued by the OWNER (City of Somersworth). No presumption of award shall be made by any BIDDER until such documents have been executed and are in hand. Verbal notification of award is not considered official. Any action by the BIDDER to assume otherwise is done so at their own risk and the OWNER will not be held liable for any expense incurred by a bidder that has not received an official award. The BIDDER agrees that this bid shall be good and may not be withdrawn, for a period of one hundred twenty (120) calendar days after the scheduled closing time for receiving bids. Upon written notice of the acceptance of this bid, BIDDER will execute the formal Contract Agreement within ten (10) business days and deliver surety bonds as required by the General Conditions. The bid security attached in the sum of ($ ) is to become the property of the OWNER in the event the Contract and Bonds are not executed within the time set forth, as liquidated damages for the delay and the additional expense to the OWNER caused thereby.

18 SUBMITTED ON, 2016 Name of Contractor Address Town/City State Zip Code Telephone: Fax No.

19 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Somersworth as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of, The Condition of the above obligation is such that whereas the Principal has submitted to The City of Somersworth a certain BID attached hereto and hereby made a part hereof to enter into a contract in writing, for the City of Somersworth Maple Street Culvert Replacement Project. NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attachment hereto (properly completed in accordance with said BID) and shall furnish a BOND for faithful performance of said contract, and for the payment of all persons performing labor furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L.S.) Principal Surety By: IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570) and be authorized to transact business in the state where the project is located.

20 SECTION B. CONTRACT DOCUMENTS

21 NOTICE OF AWARD To: (Contractor) (mailing address) (telephone #) (fax #) ( address) PROJECT Description: City of Somersworth Maple Street Culvert Replacement Project. The OWNER has considered the BID submitted by you for the above-described WORK in response to its Advertisement for Bids dated February 11, 2016, and the accompanying Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of dollars ($ ) You have been awarded the Maple Street Culvert Replacement Project and are expected to meet the terms and schedules as stipulated in the contract documents. You will be paid according to the percentage of work completed each month relative to the pricing listed in the Bid Schedule and per the methods outlined in the Measurement and Payment schedule described in these bid documents, unless modified by the penalty clauses of the contract for failure to meet the schedule specified, or unless modified in writing by the City Manager. You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR's PERFORMANCE BOND, PAYMENT BOND and Certificates of Insurance within ten (10) business days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS and Certificates of Insurance within ten (10) business days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of, 2016 By: Title: City Manager

22 ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by (Name of Contractor) this the day of, By Title

23 AGREEMENT THIS AGREEMENT, made this day of, 2016 by and between The City of Somersworth, NH hereinafter called "OWNER" and doing business as a (entity type) hereinafter called "CONTRACTOR". WITNESSETH: mentioned: That for and in consideration of the payments and agreements hereinafter 1. The CONTRACTOR shall commence and complete the City of Somersworth Maple Street Culvert Replacement Project, hereafter called the PROJECT, as shown in the Notice to Proceed and as specified herein. 2. The CONTRACTOR shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR shall commence the work required by the CONTRACT DOCUMENTS by the date specified in the NOTICE TO PROCEED and will complete the work according to the schedule herein. 4. The CONTRACTOR hereby agrees to meet the schedule outlined in Section 4 of the Information to Bidders, or be subject to the penalties outlined in Section 12 of the Instructions to Bidders if the schedule is not adhered to. 5. The CONTRACTOR agrees to perform all of the work to complete the PROJECT as described in the Bid Documents. The term "BID DOCUMENTS" means all documents contained in the City of Somersworth Maple Street Culvert Replacement Project Request For Bids dated February 11, 2016, and the following Addenda: No. dated, 201_. No. dated, 201_. No. dated, 201_. 6. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ ( dollars) or as shown in the BID SCHEDULE. The term "CONTRACT DOCUMENTS" means and includes the following: (A) ADVERTISEMENT FOR BIDS (B) INFORMATION FOR BIDDERS (C) BID (D) BID BOND (E) NOTICE OF AWARD (F) AGREEMENT

24 (G) PAYMENT BOND (H) PERFORMANCE BOND (I) CERTIFICATE OF INSURANCE (J) NOTICE TO PROCEED (K) CHANGE ORDER(S) (L) CERTIFICATON OF SUBSTANTIAL COMPLETION (M) CERTIFICATION OF FINAL COMPLETION (N) CONTRACTOR'S AFFIDAVIT (O) CONTRACTOR'S RELEASE (P) GENERAL CONDITIONS (Q) SUPPLEMENTAL GENERAL CONDITIONS (R) SPECIAL CONDITIONS (S) FEDERAL PROVISIONS, RULES, REGULATIONS AND FORMS (T) DRAWINGS (plans) prepared by: CMA Engineers, Inc. (U) SPECIFICATIONS (NH DOT Standard Specifications for Road and Bridge Construction) (V) ADDENDA: No. dated, 201_. No. dated, 201_. No. dated, 201_. 7. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the CONTRACT DOCUMENTS in such amounts as required by the CONTRACT DOCUMENTS. 8. The OWNER, at its sole option, may increase or decrease the scope of the work within the time frame of this Contract provided the OWNER consults with the CONTRACTOR to determine the change in scope and associated fee(s) which must be mutually agreed to in writing in the form of a contract change order. The OWNER will pay for additional work or deduct work from the Contract using the unit prices as bid and agreed to under this agreement, unless otherwise provided in the General Conditions. 9. This AGREEMENT shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

25 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this AGREEMENT in three (3) counterparts, each of which shall be deemed an original on the date first above written. OWNER: FOR THE CITY OF SOMERSWORTH By: Name (printed): Mr. Robert M. Belmore Title: City Manager Date: CONTRACTOR: (Company Name) By: Name (printed): Title: Address: Date:

26 KNOW ALL MEN BY THESE PRESENTS: that PERFORMANCE BOND (Name of Contractor) (Address of Contractor) a, hereinafter called Principal, and (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of Somersworth, NH, One Government Way, Somersworth, NH hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of, 2016, a copy of which is hereto attached and made a part hereof for the construction of the City of Somersworth Maple Street Culvert Replacement Project. NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed there under or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the AGREEMENT or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

27 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts each one of which shall be deemed an original, this day of, ATTEST: (Principal) (Principal Secretary) By: (SEAL) (Address) (Witness as to Principal) (Address) (Surety) ATTEST By: (Attorney-in-fact) (Witness as to Surety) (Address) (Address) NOTE: Date of BOND must not be prior to date of AGREEMENT. If Principal is a Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

28 PAYMENT BOND (In accordance with NH R.S.A., Chapter 447) KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a, hereinafter called Principal and (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of Somersworth, New Hampshire, One Government Way., Somersworth, NH hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of, 2016, a copy of which is hereto attached and made a part hereof the City of Somersworth Maple Street Culvert Replacement Project. NOW, THEREFORE, if the Principal shall promptly make payment to any persons, firms, SUBCONTRACTORS, and corporations having any claim for labor performed or furnished, for equipment hired, including trucks, for material used and for fuels, lubricants, power, tools, hardware and supplies purchased by the Principal and used in carrying out the contract, and for labor and parts furnished upon the order of the Principal for the repair of equipment used in carrying out the contract, in accordance with the provisions of RSA 447:15, 16, 17 and 18, and satisfy all claims and demands incurred under such contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the notice required under this BOND to obtain benefits under this obligation by any person, firm, or corporation having any claim for labor performed, materials, machinery, tools, equipment or supplies, shall extend for a period of ninety (90) days after completion and acceptance of the work as provided in said contract with the OWNER. Such notice shall consist of a statement of the claim and must be filed in the office of the Clerk of the Superior Court of the County within which the contract shall be principally performed. The Clerk of the Superior Court is required to send a copy of the statement of claim by mail to the Principal and Surety hereunder. Any person, firm, or corporation shall within one (1) year after filing such claim file a petition in the Superior Court for the County within which the contract shall be principally performed to enforce the claim in accordance with the provisions and requirements of RSA 447:18.

29 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed there under or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts each one of which shall be deemed an original, dated this the day of ATTEST: (Principal Secretary) (Principal) By: (SEAL) (Name and Title) (Address) (Witness as to Principal) (Address) (Surety) ATTEST: By: (Attorney-in-fact) (Witness as to Surety)

30 (Address) NOTE: Date of BOND must not be prior to date of Contract. If Principal is a Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

31 NOTICE TO PROCEED To: (Name of Contractor) Date: Project: City of Somersworth Maple Street Culvert Replacement You are hereby notified to commence work on the Maple Street Culvert Replacement Project in accordance with the Agreement dated, 2016, on or before, and you are to fully complete the WORK within the schedule stipulated herein thereafter. The date of completion of ALL WORK is therefore September 30, The Contract provides for an assessment of the sum of $500 as liquidated damages for each consecutive calendar day after the established Contract completion date that the WORK remains incomplete after September 30, Dated this day of, (Owner) By Title City Manager

32 ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged By this the day of, 2016 By Title

33 CHANGE ORDER No. PROJECT: OWNER: DATE OF ISSUANCE: CONTRACTOR: CONTRACT FOR: (Address) OWNER s Project No. ENGINEER ENGINEER s Project No. You are directed to make the following changes in the Contract Documents. Description: Purpose of Change Order: Justification: Attachments: (List documents supporting change) $ $ $ $ $ CHANGE IN CONTRACT PRICE Original Contract Price Previous Change Orders Contract Price prior to this Change Order Net Increase (Decrease) of this Change Order Contract Price with all approved Change Orders CHANGE IN CONTRACT TIME Original Contract Time (days or date) Net change from previous Change Orders (days) Contract Time prior to this Change Order (days or date) Net Increase (decrease) this Change Order (days) Contract Time with all Change Orders (days or date) This document will become a supplement to the CONTRACT and all provisions will apply hereto. The attached Contractor s Revised Project Schedule reflects increases or decreases in Contract Time as authorized by this Change Order. Stipulated price and time adjustment includes all costs and time associated with the above described change. Contractor waives all rights for additional time extension for said change. Contractor and Owner agree that the price(s) and time adjustment(s) stated above are equitable and acceptable to both parties. RECOMMENDED: APPROVED: APPROVED: APPROVED: By: By: By: By: Engineer Owner Contractor Agency Date Date Date Date

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35 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER's Project No.: ENGINEER's Project No.: Project: CONTRACTOR: Contract For: Contract Date: This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: And To: (Owner) (Contractor) The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on (Date of Substantial Completion) A tentative list of items to be completed or corrected is attached hereto. This list may not be allinclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within ( ) calendar days of the above date of Substantial Completion.

36 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on 2016 By: (Engineer) CONTRACTOR accepts this Certificate of Substantial Completion on 2016 By: (Contractor) OWNER accepts this Certificate of Substantial Completion on 2016 By: (Owner)

37 CERTIFICATE OF FINAL COMPLETION Owner s Project No. Engineer s Project No. Project Owner: Contractor: Engineer: Agreement Date: Notice to Proceed Date: Contractual Substantial Completion Date as modified by Change Orders: Actual Substantial Completion Date: Contractual Final Completion Date as modified by Change Orders: The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer; the punch list has been completed; and the Work of the Contract is hereby declared to be Finally Complete in accordance with the Contract Documents on: Date of Final Completion This Certificate does not constitute an acceptance of any Work not in accordance with the Contract Documents nor is it a release of Contractor s obligation to complete the Work in accordance with the Contract Documents. The Warranty for all Work completed subsequent to the date of Substantial Completion expires one year from the date of this Final Acceptance. Executed by Engineer on:, 2016 By: Contractor Accepts this Certificate of Final Completion on:, 2016 By: Owner Accepts this Certificate of Final Completion on:, 2016 By: 37