AWARD BASED ON INDIVIDUAL BIDS
INSTRUCTIONS TO BIDDERS
1. All bids must be submitted on the attached bid proposal form prior to the bid
opening date indicated. It is the responsibility of the prospective bidder to
inspect the construction site and examine the plans and HHE 200 forms,
technical specifications, and contract general conditions to ensure that he
fully understands the construction requirements. Any questions regarding
the work should be directed to the Municipality at least twenty-four hours
before bid opening.
2. The contract is based on individual systems. Contracts will be signed
individually with each bidder whose individual septic system price is lowest.
The Municipality will be the sole judge of the acceptability of the bids, and
may reject any and all bids if it is judged to be in the Municipality's best
interest. The contractor may be required to produce evidence of his ability to
adequately perform the work before bids are awarded.
3. The bid prices must be for complete, operational and finished septic systems
as indicated in the bid documents including any piping, fittings, valves, fill,
grading, insulation, site restoration, electrical or other work not directly
shown but which can be reasonably inferred by an examination of the site
and construction documents to produce a finished product. Qualified bids
will not be accepted. Any errors or omissions detected by prospective bidders
should be brought to the attention of the Municipality at least twenty-four
hours before bid opening.
4. This project is partially or wholly funded by the Maine Department of
Environmental Protection, and is subject to special requirements as described
in the bid documents.
5. Pump Stations shown on the plans must be included in the bid price. If the
need for a Pump Station is not clear on the plans, then the system is to be bid
without a Pump Station with a separate price for the Pump Station if it is
found to be needed.
6. The selected contractor will be required to show proof of insurance per the
General Conditions of the Contract
7. Contents of the construction contract include:
• Instructions to Bidders
• Bid Proposal
• Contract Agreement
• General Conditions
• Specifications for Septic System
• Design Plans (usually the HHE – 200)
• Change Orders
• Contractor’s Final Payment Affidavit
AWARD BASED ON INDIVIDUAL BIDS
BID PROPOSAL
THIS BID IS SUBMITTED TO:
(MUNICIPALITY)
(ADDRESS)
Having carefully examined the Instructions to Bidders, Bid Proposal, Contract Agreement, General
Conditions, Plans and Specifications, Contractors Final Payment Affidavit form and Change Order form
prepared by:
(Site Evaluator/Engineer) as well as the premises
and conditions affecting the Work, we the undersigned propose to furnish all Labor, Equipment, and
Materials necessary for and reasonably incidental to the construction and completion of this Proposal for:
NAME OF SYSTEM
(An individual price for each system
must be shown)
LUMP SUM PRICE
per SEPTIC SYSTEM
(include Pump Station cost if check
box on HHE 200 indicates
“REQUIRED”)
ADDITIONAL PUMP
STATION COST
(if check box on HHE 200
indicates "MAY BE
REQUIRED")
$
$
$
$
$
$
$
$
The Contract(s) will be awarded to the lowest acceptable LUMP SUM PRICE for each individual septic
system. Pump stations indicated on the plans ("REQUIRED" is checked) must be included in the LUMP SUM
PRICE. If the need for a pump station is not clear on the plans, ("MAY BE REQUIRED" is checked), the
LUMP SUM PRICE shall include a price for the complete system without a pump station and a separate price
for the pump station in case it is found to be needed. A separate pump station price which is deemed to be
unreasonable may be reason to reject the bid.
The undersigned agrees, if awarded the Contract, to complete the Work within
calendar
days after execution of the agreement.
(FILLED IN BY MUNICIPALITY)
The undersigned agrees, if this Proposal is accepted, to sign a Contract and deliver it, along with the Affidavits
of all insurance within seven (7) calendar days after the date of notification of such acceptance.
PRINTED NAME:
SIGNATURE:
DATE:
COMPANY NAME:
TEL:
ADDRESS:
CONTRACT AGREEMENT
THIS AGREEMENT made the
day of
20
by and between
hereinafter called the Municipality, and
hereinafter called the Contractor.
WITNESS,
That the Municipality and the Contractor for the consideration hereinafter named agree as follows:
ARTICLE 1. SCOPE OF WORK
The Contractor shall furnish all of the Materials and perform all the Work shown on the Plans and
described in the Specifications entitled:
Prepared by
, referred to in these Contract Documents
as the Engineer, and shall do everything required by this Agreement, the General Conditions, the
Specifications, and the Drawings.
ARTICLE 2. TIME OF COMPLETION
The work shall be completed according to the following schedule:
Substantial Completion:
Final Completion:
ARTICLE 3. THE CONTRACT SUM
The Municipality shall pay the Contractor for the performance of the Contract, subject to additions
and deductions provided by approved Change Orders in current funds as follows:
$
(In Words)
(In Figures)
ARTICLE 4. PAYMENTS
The Municipality shall make payment of 90% of the contract amount after the project is substantially
completed.
That is, all structures installed and operating and all disturbed areas loamed and seeded.
Final payment shall be due after final completion. That is, the Work is completed and operational in
accordance with the Contract Documents including a catch of grass.
ARTICLE 5. THE CONTRACT DOCUMENTS
The General Conditions of the Contract, Instructions to Bidders, the Bid Proposal, the Specifications,
and the Drawings, Contractors Final Payment Affidavit and Change Orders together with this
Agreement, form the Contract.
The Municipality and the Contractor hereby agree to the full performance of the covenants herein.
IN WITNESS, WHEREOF the parties hereto have executed this Agreement in the day and year first
above written.
BY:
PRINT:
WITNESS:
Authorized Municipality Official (Sign)
Authorized Municipality Official (Print)
(Sign)
BY:
Contractor (Sign)
PRINT:
Contractor (Print)
WITNESS:
(Sign)
GENERAL CONDITIONS OF THE CONTRACT
ARTICLE I: Definitions
Wherever the following terms are used in the contract documents, the intent and meaning shall be as
follows:
Contract Documents - The documents which are comprised of the Bid Proposal, Instruction for Bidders,
Contract Agreement, General Conditions of the Contract, Construction Plans and Specifications
prepared by a Registered Professional Engineer or Licensed Site Evaluator (including HHE 200 forms),
and General Construction Specifications for Septic Systems. They are also known as the contract.
DEP - The Maine Department of Environmental Protection
Engineer -- The designer of the replacement system.
Final Completion - The condition in which the work is complete and operational, covered, graded, and
satisfactory grass cover is established.
HHE - 200 Form - A subsurface wastewater disposal system application form, provided by the
Maine Department of Health & Human Services, exhibiting a complete subsurface wastewater
disposal system design.
LPI - Local Plumbing Inspector representing the Municipality.
Municipality - The Municipality, acting through its authorized representative.
Project - The entire work to be performed under the contract.
Substantial Completion - The condition in which the work is complete to a point where all structures
are installed and operational, the system can be utilized for its intended purpose, and all disturbed
areas are loamed and seeded.
ARTICLE 2: Intent and Correlation of the Contract Documents
It is the intent of the contract documents to describe a complete project. The contractor shall furnish all
Labor, Material, Tools, Transportation, Insurance, and Incidentals which are reasonably required to
construct and complete the project. The plans or HHE-200 forms, including all revisions, Instruction to
Bidders, the General Conditions of the Contract, Executed Contract, General Construction
Specifications for Septic Systems, and completed Bid proposal comprise the Contract documents.
Should the contractor discover any error, omission, or inconsistency in the contract documents which
would require additional costs above that shown in the bid, he shall notify the Municipality at least
twenty-four hours before the bids are opened. Should errors, omissions, inconsistencies, or differing site
conditions be discovered after contract award, then the Municipality shall be promptly notified and
affected work suspended until a resolution is found. In the event that there is a conflict between
requirements of the plans and specifications, the more stringent requirement will be followed.
ARTICLE 3: Permits, Laws, and Regulations
The Municipality will apply for and obtain the Plumbing Permit, DEP permits, including Permit By
Rule Notification and highway opening permits. The Municipality will secure the Small Community
Grant Easement for the project. The Municipality will also ensure all other easements and right-of
ways are obtained for work to be completed on property not directly owned by the subject Property
Owner. The Contractor is responsible for obtaining any other permits.
It is the responsibility of the Contractor to comply with all laws, regulations, and permit conditions in
constructing the project, including safety regulations. If the Contractor discovers that the contract
documents conflict with any laws, regulations, or permit conditions, he shall promptly notify the
Municipality. In addition, if the contractor's proposed construction methods require it, it shall be his
responsibility to obtain any variances or permit modifications required.
ARTICLE 4: Inspection of the Work
The contractor shall permit access to the site and work to representatives of the Municipality and DEP
at all times. Before covering the work, the contractor shall give timely notice to the Municipality and
LPI that the work is ready for inspection. The work shall not be covered until it has been inspected and
certified on the HHE 200 form by the LPI and/or designated inspector of the Municipality. Should the
work be covered without approval of the Municipality and LPI, it must be uncovered for inspection at
the contractor's expense.
If the LPI or Municipality determines that the work is not in compliance with the contract documents,
then it must be corrected to the satisfaction of the LPI, Municipality, and DEP at the contractor's
expense.
ARTICLE 5: Changes in the Work
The Municipality may request changes, increases, or decreases of the work without invalidating the
original agreement. Any changes involving a change in the contract price or time must be authorized by
a change order executed by the Contractor, Municipality, and DEP.
If the Contractor, in performing the work, discovers conditions which could not reasonably have been
anticipated from inspection of the site and examination of the contract documents, including the need for
ledge removal by blasting, he shall notify the Municipality promptly, and a change order shall be
negotiated before proceeding further.
ARTICLE 6: Contract Termination
Should the Contractor fail to complete the work within the time frame specified in the contract and any
time extension change orders, the Municipality may, after giving written notice to the Contractor,
terminate the contract and arrange for the work to be completed by others. The cost of any uncompleted
work will be deducted from the contract amount.
ARTICLE 7: Payments
The Municipality shall pay 90% of the contract cost when the work is satisfactorily and substantially
complete. The Municipality may request that the contractor provide evidence that all payrolls,
suppliers, and subcontractors have been paid before 90% payment is made. Final payment shall be
made at final completion of the finished project provided that the contractor has submitted the
Contractor’s Final Payment Affidavit. The making and acceptance of final payment shall constitute a
waiver of all claims by the Municipality except those arising from unsettled liens, faulty work or claims
under the one year warranty, and all claims by the Contractor, except those previously made and
unsettled.
For contracts exceeding one month, monthly progress payments may be requested.
This page summarizes the opportunity, including an overview and a preview of the attached documents.