Joint Construction Contract Documents

Joint Construction Contract Documents

for

Water and Wastewater Projects

in

New Hampshire

These documents apply to construction contracts funded by:

NH Department of Environmental Services Clean Water State Revolving Loan Fund (CWSRF)

NH Department of Environmental Services Drinking Water State Revolving Loan Fund (DWSRF)

NH Department of Environmental Services State Aid Grant (SAG) Program

USDA Rural Development

NH Community Development Finance Authority, Community Development Block Grant (CDBG)

January 2017

TABLE OF CONTENTS†

A. BIDDING REQUIREMENTS Page No. through Page No.

Advertisement for Bids† A1.1 A1.2

Information for Bidders (any SRF) A2.1 A2.6

Information for Bidders (RD only) A-2.1 A-2.3

Information for Bidders (SAG only) A-2.1 A-2.4

Bid*† A3.1 A3._

Bid Bond* A4.1 A4.2

B. CONTRACT

Notice of Award B1.1 B1.2

Agreement B2.1 B2.3

Payment Bond B3.1 B3.3

Performance Bond B4.1 B4.2

Notice to Proceed B5.1 B5.1

Change Order† B-6.1 B-6.1

Certificate of Substantial Completion B-7.1 B-7.2

Certificate of Final Completion B-8.1 B-8.1

Contractor's Affidavit B9.1 B9.1

Contractor's Release B10.1 B-10.1

C. GENERAL CONDITIONS

General Conditions (State of NH) C-1.1 C-1.34

Rural Development Supplemental General

Conditions C-2.1 C-2.24

Community Development Block Grant

Supplemental General Conditions C-3.1 C-3.15

D. FEDERAL PROVISIONS, RULES, REGULATIONS AND FORMS (SRF)

Table of Contents D1.1

Pertinent Federal Acts D-2.1

Forms D-2.1

Links for more Information D-2.1

Contractor’s Overall Payroll and AIS Certification D-2.2

Notice of Nondiscrimination in Employment * D-3.1

Federal Equal Employment Opportunity (Exec. Order 11246) D-4.1 D-4.6

Certification of Non-Segregated Facilities * D-5.1

DBE Rule Program Requirements and Forms D-6.1 D-6.10

American Iron and Steel D-7.1 D-7-16

29 CFR 5.5(a) Attachment A

Davis-Bacon Wage Rates Attachment B

* Denotes items to be completed by successful bidder and incorporated in executed contract.

{† Denotes section text requires revision specific to funding source}

A.  BIDDING REQUIREMENTS

January 2017

A-1.2

ADVERTISEMENT FOR BIDS

Owner

Address

Separate sealed BIDS for the construction of {Briefly describe nature, scope, and major

elements of the work}
will be received by
at the office of / ______
until / , (Standard Time-Daylight Savings Time) / , 20 / and

then at said office publicly opened and read aloud.

1. Completion time for the project will be calculated as calendar days from the date specified in the “Notice to Proceed” as follows:

calendar days for substantial completion.
calendar days for final completion.
Liquidated damages will be in the amount of $ / for each calendar day of delay
from the date established for substantial completion, and $ / for each calendar
day of delay from the date established for final completion.

2. Each General Bid shall be accompanied by a Bid Security in the amount of 5% of the Total Bid Price.

3. The successful Bidder must furnish 100% Performance and Payment Bonds, and will be required to execute the Contract Agreement within 10 days following notification of the acceptance of his Bid.

4.  Any contract or contracts awarded under this Advertisement for Bids are expected to be funded in whole or in part by: {Include as appropriate.}

-  A loan from the NH CWSRF

-  A loan from the NH DWSRF

-  A State Aid Grant from the NH Department of Environmental Services (SAG)

-  A loan or grant from USDA Rural Development

-  A Community Development Block Grant from the NH Community Development Finance Authority (CDBG)

{Include paragraphs 5, 6, 7 and 8 below if project is funded in whole or in part by a loan under the CWSRF and/or DWSRF programs}

5. The successful Bidder on this work is required to comply with the President's Executive Order No. 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375, and amendments or supplements thereto, and as supplemented in Department of Labor Regulations (41 CFR Part 60). The requirements for bidders and contractors under this order are explained in the Information For Bidders.

6. Utilization of Minority and Women's Business Enterprises (MBEs and WBEs)

The successful Bidder on this work must demonstrate compliance with the U.S. Environmental Protection Agency's MBE/WBE policy in order to be deemed a responsible bidder. The requirements for bidders and contractors covered by this policy are explained in the Information for Bidders.

7. The successful Bidder on this work is subject to U.S. Department of Labor's Davis Bacon wage provisions.

8. The successful bidder on this work is subject to the "American Iron and Steel (AIS)" requirements of the CWSRF and DWSRF programs.

9. No Bidder may withdraw a Bid within 60 days after the actual date of opening thereof.

10. {Insert applicable pre-bid conference information here}

The Contract Documents may be examined at the following locations:

Copies of the Contract Documents may be obtained from
upon payment of a fee of $ / per set, which will not be refunded. Partial sets will

will not be distributed. All requests for mailed documents must be accompanied by an additional

fee of $ / to cover the cost of postage and handling.

A-2.6 (Any SRF)

INFORMATION FOR BIDDERS

{For contracts utilizing State Revolving Loan Fund assistance}

BIDS will be received by
(herein called the "OWNER"), at
until / and then at said office publicly opened and read aloud.

Each BID must be submitted in a sealed envelope, addressed to:

at

Each sealed envelope containing a BID must be plainly marked on the outside as BID

for / and the

envelope should bear on the outside the BIDDER's name, address, and license number if applicable and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at

All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER.

BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID SCHEDULE by examination of the site and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done.

The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rightsofway acquired or to be acquired.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract.

Each BID must be accompanied by a BID BOND payable to the OWNER in the amount of five percent (5%) of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsive BIDDERS. When the AGREEMENT is executed, the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the PAYMENT BOND and PERFORMANCE BOND have been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND.

A PERFORMANCE BOND and a PAYMENT BOND, each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract.

Attorneysinfact who sign BID BONDS or PAYMENT BONDS and PERFORMANCE BONDS must file with each BOND a certified and effective dated copy of their power of attorney.

The party to whom the contract is awarded will be required to execute the AGREEMENT and obtain the PERFORMANCE BOND and PAYMENT BOND within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary AGREEMENT and BOND forms. In case of failure of the BIDDER to execute the AGREEMENT, the OWNER may at his option consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the OWNER.

The OWNER within ten (10) days of receipt of acceptable PAYMENT BOND, PERFORMANCE BOND and AGREEMENT signed by the party to whom the AGREEMENT was awarded shall sign the AGREEMENT and return to such party an executed duplicate of the AGREEMENT. Should the OWNER not execute the AGREEMENT within such period, the BIDDER may by WRITTEN NOTICE withdraw his signed AGREEMENT. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.

The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the AGREEMENT by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the AGREEMENT without further liability on the part of either party.

The OWNER may make such investigations as OWNER deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the AGREEMENT and to complete the WORK contemplated therein.

A conditional or qualified BID will not be accepted.

Award will be made to the lowest responsive and responsible BIDDER.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout.

Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to complete any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID.

Further, the BIDDER agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the GENERAL CONDITIONS.

The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when requested to do so by the OWNER.

MANUFACTURERS EXPERIENCE

Wherever it may be written that an equipment manufacturer must have a specified period of experience with his product, equipment which does not meet the specified experience period can be considered if the equipment supplier or manufacturer is willing to provide a bond or cash deposit for the duration of the specified time period which will guarantee replacement of that equipment in the event of failure.

SRF PROJECT SIGN

The Contractor shall construct a sign in accordance with the Standard Detail included in these specifications. The sign shall be erected in a location selected by the Engineer or Owner in coordination with NHDES. The Contractor shall maintain the sign throughout the duration of the contract.

SAFETY AND HEALTH REGULATIONS

This project is subject to all of the Safety and Health Regulations (CFR 29 Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24, 1974. Contractors shall comply with the requirements of these regulations.

NONDISCRIMINATION IN EMPLOYMENT

Contracts for work under this proposal obligate the contractors and subcontractors not to discriminate in employment practices.

Bidders shall, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of contract.

Successful bidders shall, if requested, submit a list of all subcontractors who will perform work on the project, and written signed statements from authorized agents of labor pools with which they will or may deal for employees on the work together with supporting information to the effect that such labor pools' practices and policies are in conformity with Executive Order No. 11246; that they will affirmatively cooperate in or offer no hindrance to the recruitment, employment, and equal treatment of employees seeking employment and performing work under the contract or, a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish them prior to award of the contract.

Successful bidders must be prepared to comply in all respects with the contract provisions regarding nondiscrimination.

DAVIS BACON WAGE RATES

This project is funded in whole or in part by a loan available through NHDES's Clean Water and/or Drinking Water SRF programs, and hence is subject to federal Davis Bacon wage provisions.

All laborers and mechanics employed by contractors or subcontractors on this project shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the U.S. Department of Labor (DOL) in accordance with Subchapter IV of Chapter 31 of Title 40, United States Code.

If the applicable wage determination does not provide a rate for a classification of work to be performed, the needed classification and wage rate must be added in conformance to the contract wage determination after contract award.

{INSERT GUIDANCE and RATE MINIMUMS. Contact NHDES for guidance}