1-IFB0285-061226-BID PACKAGE-PFAS Leachate Removal Pilot Infrastructure Upgrades.pdf

City of Nashua, New Hampshire Division of Public Works

PFAS Leachate Removal Pilot Infrastructure Upgrades

IFB0285-061226

Bidding Specifications and Contract Requirements

May 2026

IFB0285-061226 - PFAS Leachate Removal Pilot Infrastructure Upgrades 229 Main Street • Nashua, New Hampshire 03061 • Phone (603) 589-3330 • Fax (603) 589-3233

Administrative Services Purchasing Department

May 21, 2026

INVITATION FOR BIDS

PFAS Leachate Removal Pilot Infrastructure Upgrades

The City of Nashua, Division of Public Works, is soliciting bids from qualified contractors to provide the infrastructure upgrades portion of the Leachate PFAS Removal and Destruction Pilot Test Project at the Four Hills Landfill. The work consists of construction layout and documentation survey, excavation and backfilling, installation of pre-cast concrete and HDPE manholes and pump station structures, pipe trenching, and furnishing, welding, and installation of HDPE pipe and fittings (including double-walled HDPE pipe), furnishing steel pipe, fittings, and valves, furnishing, installing, and testing a leachate pump, liquid level sensors integrated with a control panel, preparing an HDPE-lined secondary containment work pad, and installation of electrical service (including trenching and conduit installation). All work shall be coordinated with landfill operations staff and performed in a manner that maintains continuous access to active landfill areas while protecting existing utilities and infrastructure.

Project will begin once a written “Notice to Proceed” is issued.

Completion times for the project will be as follows:

Substantial Completion shall be by August 21, 2026

Final Completion shall be by August 28, 2026

Liquidated damages of $250 for each working day will be assessed for delays beyond this time frame.

The City of Nashua, through the Mayor, who is awarding authority, reserves the right to reject any and all bids or parts of bids; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; to award contracts or to cancel this request if in the City’s best interest.

INFORMATION FOR BIDDERS:

The City is now accepting submittals electronically via Bonfire. Please review the electronic documents linked here, Bonfire Vendor Registration and Bonfire Vendor Submission for more information. We strongly recommend that you give yourself sufficient time and at least one (1) business day before due date to begin the uploading process and finalize your submission. Copies are also available on the City’s website in the Purchasing section within the Bids section.

https://www.nashuanh.gov/DocumentCenter/View/28837/Bonfire-Process-Overview---Vendor-Registration https://www.nashuanh.gov/DocumentCenter/View/28838/Bonfire-Process-Overview---Vendor-Submission

If a Vendor chooses to submit their bid outside of Bonfire, the following are alternate options:

Paper: Submit one (1) paper copy and one digital copy on a USB drive sealed in envelope(s) and packages(s) clearly marked “IFB0285-061226”. Bids must be submitted in the format provided and addresses the item(s) specified in the IFB package.

Regardless of the method submission, bids must be received no later than 2:00 PM on Friday, June 12, 2026, in the Purchasing Department; City Hall, 229 Main Street, Lower Level, Room 11, Nashua NH 03061. Postmarks or other timestamps will not be accepted in lieu of actual delivery. Bidders may use whatever delivery mechanism it chooses as long as it remains clear that the Bidder is responsible for submissions prior to the date and time.

The time of receipt shall be considered when a bid has been officially documented by the Purchasing Department, in accordance with its established policies, as having been received at the location designated above. The City accepts no responsibility for mislabeled mail. Any and all damage that may occur due to shipping shall be the Bidder’s responsibility.

Complete specifications and related documentation are available on our website, www.nashuanh.gov, under Services, Bid Opportunities, Current Bids; and on the Bonfire website. Refer to document IFB0285- 061226 and related documents. Please note paper copies of bid documents are not available in the City’s Purchasing Office.

Bids will be opened publicly on the due date and time. Results of the proposal opening will be posted on the City’s website, www.nashuanh.gov, under Services; Bid Opportunities; Bid Results; (Refer to Documents IFB0285-061226) within twenty-four (24) hours of opening.

The timeline for this project is as follows:

Item Date

MANDATORY Pre-Bid Meeting & Site Tour Thursday, May 28, 2026 at 11:30 AM

Deadline for Bidder Questions Wednesday, June 3, 2026 at 2:00 PM

Answers/clarifications posted Friday, June 5, 2026 at 3:00 PM

Bids Due Friday, June 12, 2026 at 2:00 PM

A MANDATORY Pre-Bid Meeting to discuss the project followed by a site tour is scheduled to begin promptly at the Division of Public Works Administration Building located at 848 West Hollis Street, Nashua, NH 03062 in the Veteran’s Conference Room, on Thursday, May 28, 2026 at 11:30 AM.

The meeting is an opportunity for the City of Nashua to overview the project and objectives, and participants to request additional information directly from City of Nashua staff managing or participating in the project.

http://www.nashuanh.gov/ http://www.nashuanh.gov/

Bidders are encouraged to submit questions via email; however, the City assumes no liability for assuring accurate and complete email transmission/receipt and is not responsible to acknowledge receipt. Inquiries must be submitted in writing, citing the IFB title/number, Page Section, and must be received no later than Wednesday, June 3, 2026 at 2:00 PM to:

City of Nashua 229 Main Street, Room 11

Nashua, NH 03061 purchasing@nashuanh.gov

The City of Nashua will consider all timely-received inquiries and, if reasonable and appropriate, will issue an addendum to clarify or modify this IFB on the City’s website www.nashuanh.gov, under Services, Bid Opportunities; Current Bids; (Refer to Document IFB0285-061226) and on Bonfire no later than Friday, June 5, 2026 at 3:00 PM.

The City hereby notifies all Bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the ground of race, color, national origin, sex, age, or disability in consideration for an award.

Pursuant to NRO 5-71 (A), the City of Nashua supports the concept of purchasing products which are biodegradable, can be or have been recycled, or are environmentally sound. Due consideration will be given to the purchase of such products. If you are proposing any such products which qualify, please so indicate in a cover sheet by item number and description. We are also conscious of energy use and encourage Bidders to propose products that are energy efficient.

All bids are binding for ninety (90) days following the deadline for bids, or until the effective date of any resulting contract, whichever is later.

Bids must be submitted in the format provided and address the items specified in this request. The City may reject any or all of the bids on any basis without disclosure of a reason. The failure to make such a disclosure shall not result in accrual of any right, claim or causes of action by any unsuccessful bidder against the City. The City reserves the right to waive any irregularities when the public interest will be served thereby. The City also reserves the right to negotiate any change or amendment in any bid without soliciting further requests for bids if the action is necessary for the best interest of the City.

The City of Nashua will reject the bid of any proposer who is presently debarred, declared ineligible or excluded by any Federal department or agency, and reserves the right to reject the bid of any proposer who has previously failed to perform any contract properly for any purchaser, or to complete on time, contracts of a similar nature, who is not in the position to perform the contract, or who has neglected the payment of bills or otherwise disregarded its obligations to clients, purchases, subcontractors, material men, or employees.

The City is exempt of all taxes. All bids must be FOB Nashua, NH. All bidders must comply with all applicable Equal Employment Opportunity laws.

mailto:purchasing@nashuanh.gov file://CityFile/Secure/DPWShare/ADMIN%20DEPT/Finance/DPW%20PROJECTS/ENGINEERING/Safe%20Routes%20to%20School/Charlotte%20Ave%20Elementary/JUN%202020%20CONTRACT%20DOCUMENTS/www.nashuanh.gov

Pursuant to NRO 5-78 (F), the Purchasing Manager shall not solicit a bid from a Contractor who is in default on the payment of taxes, licenses or other monies due the City. Therefore, this bid request is void as to anyone who is in default on said payments.

Contract will be awarded to the Bidder that is designated by the City of Nashua as the lowest responsive and responsible Bidder.

GENERAL REQUIREMENTS:

A. To be eligible for an award, a Bidder must be deemed “responsible” by demonstrating the following:

has the ability, capacity and skill to provide the goods or services required;

has experience performing similar work at a landfill can provide the goods or services within the time frame specified;

has a satisfactory record of integrity, reputation, judgment and experience;

has sufficient financial resources to provide the goods or services;

has developed a positive track record with the City of Nashua to the extent the Bidder has previously provided goods or services.

B. Some common reasons why a bid might be found “non‐responsive” are:

failure to sign the bid and/or signature by the appropriate person;

failure to furnish any required bid bonds;

failure to include a unit bid price for each item;

failure to include a total amount for the bid;

failure to prepare the bid in ink;

failure to submit a non‐collusion affidavit; and inclusion of any unauthorized additions, conditional or alternative bids that make the bid package incomplete, indefinite, or ambiguous.

bid considered to be unbalanced

C. The Successful Bidder will be required to provide the City with certificates of insurance for coverage as listed below and endorsements affecting coverage required by the contract within ten (10) calendar days after the City issues the Notice of Award. The City requires thirty (30) calendar day’s written notice of cancellation or material change in coverage. The certificate and endorsements for each insurance policy must be signed by a person authorized by the insurer and who is licensed by the State of New Hampshire. General Liability, Employers Liability and Auto Liability policies must name the City of Nashua as an additional insured and be reflected on the certificate of insurance.

General Liability: $1,000,000 per Occurrence

$2,000,000 Aggregate

Motor Vehicle Liability: $1,000,000 Combined Single Limit

*Coverage must include all owned, non-owned and hired vehicles.

Workers’ Compensation Coverage according to Statute of the State of New Hampshire:

$100,000 / $500,000 / $100,000

All Bidders and subcontractors at every tier under the Bidder will fully comply with NH RSA Chapter 281-A, “Workers’ Compensation”.

It is the responsibility of the Contractor to submit to the City of Nashua certificates of insurance for the Contractor and all other subcontractors prior to the start of the project. It is the responsibility of the Contractor to provide the City of Nashua with updated certificates of insurance for the Contractor and all subcontractors 10 days prior to the expiration of coverage. The City of Nashua may, at any time, order the Contractor to stop work, suspend the contract or terminate the contract for non-compliance. All subcontractors are subject to the same insurance requirements as the Contractor.

D. The Successful Bidder will be required to post the following bonds only if the total bid price is

$35,000 or higher. Cost of bond premiums to be incorporated into the bid item costs.

Bid Bond: A bid guarantee from each bidder equivalent to 5% of the Base Bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

Payment & Performance Bond: Successful Bidder shall furnish Performance and Payment

Bonds, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws and Regulations or by the Contract Documents.

Successful Bidder shall also furnish such other Bonds as are required by the Contract Documents. When Successful Bidder delivers the executed agreements to the City, Successful Bidder shall also deliver to the City such Bonds as may be required to furnish.

E. The City also reserves the right to negotiate any change or amendment in any bid without soliciting further bids if the action is necessary for the best interest of the City.

F. The City may conduct discussion with responsible Bidders prior to selection. Successful Bidders shall begin performance upon receipt of an executed contract and a valid purchase order issued from the City.

G. The City may reject any and all responses on any basis without disclosure of a reason. The failure to make such a disclosure shall not result in accrual of any right, claim, or cause of action by any unsuccessful bidder against the City.

H. After the initial designation of a Bidder, City Staff will work with the selected Bidder to negotiate final terms and conditions between the City and the successful Bidders prior to the Contract Award. A draft contract is attached.

I. The Bidder shall meet all requirements of the Americans with Disabilities Act.

J. The City encourages disadvantaged business enterprise (DBE) participation from contractors and/or subcontractors.

K. The Bidder should understand that under the New Hampshire Right-to-Know Law, all documents submitted in response to this request, including financial information, are considered public information and will be made available to the public upon request, unless specifically exempted under the law.

L. Any Bidder submitting a bid may appeal a pending award prior to award by the City. The appellant must:

a) Submit a written protest to the City’s Purchasing Manager within five (5) business days after the bid opening;

b) Describe, in the written protest, the issues to be addressed on appeal;

c) Post, with the written protest, a bond with a surety, meeting the requirements in Article 5:

Insurance and Indemnification, authorized to do business in this state or submit other security in a form approved by the City who will hold the bond or security until a determination is made on the appeal;

d) Post the bond or other security in the amount of 25% of the total dollar value of the appellant’s bid, up to a maximum bond or other security amount of $250,000;

e) Not seek any type of judicial intervention until the City has rendered its final decision on the protest.

If an appeal is granted, the full amount of the posted bond or security will be returned to the appellant. If the appeal is denied or not upheld, a claim may be made against the bond for expenses suffered by the City because of the unsuccessful appeal. The City is not liable for any costs, expenses, attorney's fees, loss of income, or other damages sustained by the appellant in a bid appeal process.

M. The City assumes no liability for the payment of costs and expenses incurred by any Bidder in responding to this request. All bids become sole property of The City. This is not a contract and shall not be interpreted as such but rather serves as an instrument through which qualifications and cost bids are solicited.

N. Bid Document Submission List:

To be considered a complete response, the following documents must be submitted along with your bid.

a) Division 2 of the Bidding Specifications and Contract Requirements

i. Bid Form – which includes a tabulation of Subcontractors, Suppliers and other individuals and entities required to be identified in this Bid;

ii. Bid Schedule;

iii. Bid Bond (if bid is over $35,000); and

iv. Construction Contractor’s Qualification Statement

v. Non-Collusion Affidavit

b) Any and all addendums issued after the release of this IFB. Upon issuance, addendums can be found on the City website or on Bonfire with the original bid documents.

Please ensure you have reviewed all documents before submitting all bids to the City

ADDITIONAL CONSIDERATIONS:

The Bidder selected shall be expected to comply with all applicable federal and state laws in performance of services. The consideration of all bids and subsequent selection of the Successful Bidder shall be made without regard to race, color, sex, age, handicap, religion, political affiliation or national origin. Services provided by the Successful Bidder shall be rendered through a Standard Form of Agreement Between Owner and Contractor Contract, which has been included in Division 3 of the Bidding Specifications and Contract Requirements.

Bidder must identify any exceptions or objections it has to the City’s sample Standard Form of Agreement Between Owner and Contractor and General Conditions. Copies are part of the Bidding Specifications and Contract Requirements.

The City may from time to time revise the above listed documents. The City will not accept or entertain any exceptions or objections to the above listed documents at any time after Bid submittal except and only to the extent the City subsequently makes a material change to a substantive provision of the above listed terms and conditions.

The bid must declare that it is made without collusion with any other person or entity submitting a bid pursuant to this IFB.

Disclosure of any potential conflict or statement that there are none to the best knowledge of the Bidder(s). Also, Bidder(s) should state its intention to conform to the no conflict provisions of the IFB.

Prospective bidders who have any questions regarding this opportunity may contact:

Amy Girard, Purchasing Manager City of Nashua, Administrative Services Division 229 Main Street, Nashua, NH 03061 Email: purchasing@nashuanh.gov Ph: 603-589-3332

PFAS Leachate Removal Pilot Infrastructure Upgrades IFB0285-061226

TC - 1 of 1

Table of Contents

DIVISIONS

INVITATION FOR BIDS

1. BID FORM, BID SCHEDULE, BID BOND, CONTRACTOR’S QUALIFICATIONS, NON-

COLLUSION AFFIDAVIT

2. CONTRACT AGREEMENT AND GENERAL CONDITIONS

3. PERFORMANCE AND PAYMENT BONDS, CERTIFICATE OF LIABILTY INSURANCE

4. EXHIBITS & PROJECT CLOSE-OUT FORMS

A. NOTICE OF AWARD

B. NOTICE TO PROCEED

C. CHANGE ORDER

D. CERTIFICATE OF SUBSTANTIAL COMPLETION

E. CONSENT OF SURETY CO. TO FINAL PAYMENT

F. CONTRACTOR’S FINAL LIEN WAIVER

G. CERTIFICATE OF FINAL COMPLETION

ATTACHMENTS

Attachment A – Bid Item Definitions

Attachment B – Technical Specifications

DIVISION 1

BID FORM

SCHEDULE OF VALUES

BID BOND

CONTRACTOR’S QUALIFICATIONS

NON-COLLUSION AFFIDAVIT

BF 1 of 7 Bid Form

BID FORM

PROJECT IDENTIFICATION:

PFAS Leachate Removal Pilot Infrastructure Upgrades

CONTRACT IDENTIFICATION AND NUMBER: IFB0285-061226

STATE & FEDERAL IDENTIFICATION: N/A

THIS BID IS SUBMITTED TO: City of Nashua Central Purchasing 229 Main Street, City Hall Room 11- Basement Floor Nashua, NH 03061-2019

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

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 60 days after the day of Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

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 and the following Addenda, receipt of all 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.

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

D. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect

BF 2 of 7 of the means, methods, techniques, sequences, and procedures of construction to be employed by BIDDER, and safety precautions and programs incident thereto.

E. BIDDER does not consider that any 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 and in accordance with the other terms and conditions of the Bidding Documents.

F. BIDDER is aware of the general nature of work to be performed by OWNER and others at the

Site that relates to the Work as indicated in the Bidding Documents.

G. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

H. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that BIDDER has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to BIDDER.

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

4.01 BIDDER further represents that 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 agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any individual or entity to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

5.01 The requirements of the New Hampshire Revised Statutes Annotated shall apply to this project. The BIDDER is responsible for compliance with all applicable statutes. The entire set of the Revised Statutes Annotated is available online at:

http://gencourt.state.nh.us/rsa/html/indexes/default.html

6.01 BIDDER will complete the Work in accordance with the Contract Documents for the following prices:

SEE ATTACHED SCHEDULE OF VALUES

A. 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.

7.01 BIDDER agrees that the Work will be substantially completed, finally completed and ready for final payment on or before the dates, in accordance with the Contract Agreement.

7.02 BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

BF 3 of 7

8.01 The following documents are attached to and made a condition of this Bid:

A. Bid Form;

B. Schedule of Values;

C. Bid Bond

D. A tabulation of Subcontractors, Suppliers and other individuals and entities required to be identified in this Bid; and

E. Construction Contractor's Qualification Statement.

F. Non-Collusion Affidavit

9.01 Communications concerning this Bid shall be addressed to:

(Contractor's mailing address to be filled in by Bidder)

Submitted by:

Name of Organization

Name of Individual

Title

Address

Telephone

Submitted to:

Name

SUBMITTED on , 20

BF 4 of 7

If BIDDER is:

An Individual

Name (typed or printed):

By: (SEAL)

(Individual's Signature) Doing business as:

Business address:

Phone No.: Email Address:

A Partnership

Partnership Name: (SEAL)

Date and State of Organization

Names of Current General Partners

Name Title

Type of Partnership

General Publicly Traded

Limited Other (describe):

By:

(Signature of General Partner – attach evidence of authority to sign)

Business address:

Phone No.: Email Address:

BF 5 of 7

A Corporation

Corporation Name: (SEAL)

Date and State of Incorporation:

List of Executive Officers

Name Title

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

(Signature -- attach evidence of authority to sign)

Title: (Corporate Seal)

Attest:

(Signature of Corporate Secretary)

Business Address:

Phone No.:

Date of Qualification to do business is

A Joint Venture

Joint Venture Name: (SEAL)

Date and State of Organization:

Name, Address and Form of Organization of Joint Venture Partners: (Indicate managing partner by an asterisk *)

BF 6 of 7

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

Name (typed or printed):

Title:

Business Address:

Phone No.:

Address for receipt of official communications:

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

BF 7 of 7

LIST OF SUBCONTRACTORS

(to be submitted with bid)

The name and address of each subcontractor who will be paid at least five percent (5%) of the prime contractor's total bid shall be listed below. To be deemed a responsive bid, this form must be submitted even if no subcontractors are required to be listed. In that case, the bidder should state “None” (or similar language stating that no subcontractors need to be listed) in the space below.

Name Address of Subcontractor Portion of Work

P:\6800s\6822.000\Source Files\Contract Docs\Bid Item Defs and Schedule of Values\ 20260515 Schedule of Values - PFAS Pilot Study.xlsx Page 1 of 1

Schedule of Values

Four Hills Landfill Nashua, New Hampshire Prepared May 15, 2026

Item No.

Description Estimated Quantity (w/ units)

Unit Cost ($/units) Extended Prices

1 Mobilization/Demobilization 1 LS LS

2 Valve Box Manhole 1 LS LS 3 Leachate Pump Station Manhole 1 LS LS 4 Leachate Pump and Controls 1 LS LS 5 Electrical Conduit Trench 190 LF LF 6 8"Ø x 12"Ø Dual-Contained HDPE Pipe Trench 30 LF LF 7 3"Ø x 6"Ø Dual-Contained HDPE Pipe Trench 44 LF LF 8 3"Ø x 6"Ø Dual-Contained HDPE Pipe (Above Grade) 20 LF LF 9 HDPE-lined Containment Area 3,520 SF SF

10 Survey (Layout and As-built) 1 LS LS Total

Notes:

1. This schedule of values is for construction of the infrastructure shown on drawings titled "Leachate PFAS Removal and Destruction Pilot Study," dated May 2026.

2. All pipe lengths in the table above are plan view lengths (2D) and do not account for slope.

Alternate Bid Items

Item No.

Description

Estimated Quantity (w/ units)

Unit Cost ($/units) Extended Prices

9A HDPE-lined Containment Area (with Gravel Pad) 3,520 SF SF

11A Equalization Tank 1 LS LS

BB - 1 of 2

BID BOND

PENAL SUM FORM

BIDDER (Name and Address):

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

OWNER (Name and Address):

BID

BID DUE DATE:

PROJECT (Brief Description Including Location):

BOND

BOND NUMBER:

DATE: (Not later than Bid Due Date): PENAL SUM:

(Words) (Figures)

IN WITNESS WHEREOF, Surety and Bidder, Intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause the Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

BIDDER SURETY

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

Signature and Title

Surety’s Name and Corporate Seal

(Attach Power of Attorney)

Note: (1) Above addresses are to be used for giving required notice.

(2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable.

BB - 2 of 2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond.

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

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

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

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

CQ - 1 of 7

CONSTRUCTION CONTRACTOR’S

QUALIFICATION STATEMENT

1. On Schedule A, attached, list major similar projects completed by this organization in the past five (5) years. (If joint venture, list each participant’s projects separately).

2. On Schedule B, attached, list current projects under construction by this organization, (If joint venture, list each participant’s projects separately).

3. Name of Surety Company and name, address, and phone number of agent.

4. Is your organization a member of a controlled group of corporations as defined in I.R.C. Sec.

1563?

Yes No

If yes, show names and addresses of affiliated companies.

5. Furnish on Schedule C, attached, details of the construction experience of the principal individuals of your organization directly involved in construction operations.

6. Has your organization ever failed to complete any construction contract awarded to it?

If yes, describe circumstances and provide details on attachment.

7. Has any Corporate officer, partner, joint venture participant or proprietor ever failed to complete a construction contract awarded to him or her in their own name or when acting as a principal of another organization?

8. In the last five years, has your organization ever failed to substantially complete a project in a timely manner?

If yes, describe circumstances and provide details on attachment.

9. Does your organization now have any legal suits or arbitration claims pending or outstanding against it or any officers?

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10. Has your organization had a contract partially or completely terminated for default (cause) within the past five years?

11. List the licensed categories of work that your company normally performs with its own workforce.

12. If required, can your organization provide a bid bond for this project?

13. What is your approximate total bonding capacity?

$500,000 to $2,000,000

$2,000,000 to $5,000,000

$5,000,000 to $10,000,000

$10,000,000 or more

14. Describe the permanent safety program you maintain within your organization. Use attachment if necessary.

15. Furnish the following information with respect to an accredited banking institution familiar with your organization.

Name of Bank

Account Manager

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I hereby certify that the information submitted herewith, including any attachment is true to the best of my knowledge and belief.

Dated:

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This Page Intentionally Left Blank

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Schedule A – List of Similar Projects Completed in the Past Five (5) Years

Name, Location and Description of Project

Owner

Date Completed

Contract Price

Reference/Contact & Address & Phone

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Schedule B – List of Current Projects Under Construction

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Schedule C - Construction Experience of Principal Individuals Involved in Construction Operations

Certification Regarding Non-Collusion, Debarment, Suspension, and Other Responsibility Matters

I/We declare under penalty of perjury under the laws of the United States and the State of New Hampshire that I/We have not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this Bid, and further that:

(1). The prospective primary participant certifies to the best of its knowledge and belief, that it and all its principals: (a)

Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in Paragraph (1) (b) of this certification and (d) Have not within a three-year period preceding this bid had one or more public transactions (Federal, State or Local) terminated for cause or default. (2). Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Date: ____________________________

(If a firm or individual)

Signature of Bidder____________________________________________________

Print Name _________________________________________________________

Address of Bidder _____________________________________________________

Names and Addresses of Members of the Firm:

(If a Corporation)

Signature of Bidder___________________________________________________

Title _______________________________________________________________

Print Name__________________________________________________________

Business Address ___________________________________________________

Incorporated under the laws of the State of ______________________________________________

DIVISION 2

CONTRACT

AGREEMENT

Standard Form of Agreement Between Owner and Contractor

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire 229 Main Street Nashua, NH 03060-2019

And the CONTRACTOR:

and its successors, transferees and assignees (together “CONTRACTOR”)

For the following Project: IFB0285-061226

ARTICLE 1 – THE CONTRACT DOCUMENTS

The CONTRACTOR shall complete the work described in the Contract Documents for this project. The documents consist of:

1. This Agreement signed by the OWNER and CONTRACTOR, including the General Terms and Conditions;

2. Bid Form

3. Schedule of Values submitted ;

4. Payment and Performance Bonds and Insurance Certificate;

5. Notice to Proceed;

6. Written change orders for minor changes in the Work issued after execution of this Agreement; and

7. Fully Executed OWNER Purchase Order

The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, proposals, representations or agreements, either written or oral. Any other documents which are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposals and the terms of this Agreement, a written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement, the written change order or the fully executed OWNER Purchase Order shall control over the terms of the Proposals.

ARTICLE 2 – WORK TO BE PERFORMED

Except as otherwise provided in this contract, CONTRACTOR shall furnish all services, equipment, and materials and shall perform all operations necessary and required to carry out and perform in accordance with the terms and conditions of the contract the work described.

DESCRIPTION OF WORK:

The Contractor shall furnish all labor, materials, equipment, and installation necessary to complete the infrastructure upgrades portion of the Leachate PFAS Removal and Destruction Pilot Test Project at the Four Hills Landfill. The work consists of construction layout and documentation survey, excavation and backfilling, installation of pre-cast concrete and HDPE manholes and pump station structures, pipe trenching, and furnishing, welding, and installation of HDPE pipe and fittings (including double walled HDPE pipe), furnishing steel pipe, fittings, and valves, furnishing, installing, and testing a leachate pump, liquid level sensors integrated with a control panel, preparing an HDPE-lined secondary containment work pad, and installation of electrical service (including trenching and conduit installation). All work shall be coordinated with landfill operations staff and performed in a manner that maintains continuous access to active landfill areas while protecting existing utilities and infrastructure.

ARTICLE 3 – PERIOD OF PERFORMANCE

CONTRACTOR shall begin performance upon receipt of a valid Purchase Order issued from the City of Nashua and an executed Notice to Proceed.

Completion times for the project will be as follows:

Substantial Completion shall be by August 21, 2026 Final Completion shall be by August 28, 2026

The above date shall only be altered by mutually approved written agreement to extend the period of performance or by termination in accordance with the terms of the contract. Liquidated damages of $250 for each working day will be assessed for delays beyond the established dates for substantial completion and final completion.

ARTICLE 4 – CONTRACT SUM

Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR, in accordance with the Contract Documents, the Contract Sum of:

DOLLARS

The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work.

ARTICLE 5 – INSURANCE AND INDEMNIFICATION

CONTRACTOR shall carry and maintain in effect during the performance of services under this contract:

General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000 aggregate;

Motor Vehicle Liability: $1,000,000 Combined Single Limit;*Coverage must include all owned, non-owned and hired vehicles; and Workers’ Compensation Coverage in compliance with the State of NH Statutes, $100,000/$500,000/$100,000.

The parties agree that CONTRACTOR shall have the status of and shall perform all work under this contract as an independent CONTRACTOR, maintaining control over all its consultants, sub consultants, or subcontractor’s. The only contractual relationship created by this contract is between the OWNER and CONTRACTOR, and nothing in this contract shall create any contractual relationship between the OWNER and CONTRACTOR’s consultants, sub consultants, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER employee and that there shall be no:

1. Withholding of income taxes by the OWNER:

2. Industrial insurance coverage provided by the OWNER;

3. Participation in group insurance plans which may be available to employees of the OWNER;

4. Participation or contributions by either the independent CONTRACTOR or the OWNER to the public employee’s retirement system;

5. Accumulation of vacation leave or sick leave provided by the OWNER;

6. Unemployment compensation coverage provided by the OWNER.

CONTRACTOR will provide the OWNER with certificates of insurance for coverage as listed below and endorsements affecting coverage required by the contract within ten calendar days after the OWNER issues the notice of award. The OWNER requires thirty days written notice of cancellation or material change in coverage. The certificates and endorsements for each insurance policy must be signed by a person authorized by the insurer and who is licensed by the State of New Hampshire. General Liability, Employers’ Liability and Auto Liability policies must name the OWNER as an additional insured and reflect on the certificate of insurance.

CONTRACTOR is responsible for filing updated certificates of insurance with the OWNER's Risk Management Department during the life of the contract.

All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

The specified insurance requirements do not relieve CONTRACTOR of its responsibilities or limit the amount of its liability to the OWNER or other persons, and CONTRACTOR is encouraged to purchase such additional insurance, as it deems necessary.

The insurance provided herein is primary, and no insurance held or owned by the OWNER shall be called upon to contribute to a loss.

CONTRACTOR is responsible for and required to remedy all damage or loss to any property, including property of the OWNER, caused in whole or part by CONTRACTOR or anyone employed, directed, or supervised by CONTRACTOR.

Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify and hold harmless the OWNER, its agents, officials, employees and authorized representatives and their employees from and against any and all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of any kind or nature in any manner caused, occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault or willful misconduct, whether active or passive, of CONTRACTOR or of anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract.

CONTRACTOR’s indemnity and hold harmless obligations, or portions thereof, shall not apply to liability caused by the sole negligence or willful misconduct of the party indemnified or held harmless.

General Terms and Conditions

ARTICLE 6 – GENERAL PROVISIONS

1. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification.

2. The term “Work” means the construction and services required by the Contract Documents, and include all other labor, materials, equipment and services provided by the CONTRACTOR to fulfill the CONTRACTOR’s obligations.

3. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all.

4. In the case of a discrepancy, calculated dimensions will govern over scaled dimensions, Contract Drawings will govern over Standard Specifications, and Technical Specifications will govern over both Contract Drawings and Standard Specifications. In the case of a discrepancy between the Agreement and other Contract Documents, the more specific or stringent obligation or requirement to the benefit of the OWNER shall take precedence.

5. The CONTRACTOR shall take no advantage of any apparent error or omission in the Contract Drawings or Technical Specifications, and the Engineer will be permitted to make such corrections and interpretations as may be deemed necessary to fulfill the intent of the Contract Documents.

ARTICLE 7 – OWNER

1. Except for permits and fees, which are the responsibility of the CONTRACTOR under the Contract Documents, the OWNER shall obtain and pay for other necessary approvals, easements, assessments and charges.

2. If the CONTRACTOR fails to correct Work that is not in accordance with the Contract Documents, the OWNER may direct the CONTRACTOR in writing to stop the Work until the correction is made.

3. If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) day period after receipt of written notice from the OWNER to correct such default or neglect with diligence and promptness, the OWNER may, without prejudice to other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting the cost of correction from payments due the CONTRACTOR.

4. The OWNER reserves the right to perform construction or operations related to the project with the OWNER’s own forces, and to award separate contracts in connection with other portions of the project.

5. The CONTRACTOR shall coordinate and cooperate with separate CONTRACTORs employed by the

OWNER.

6. Costs caused by delays or by improperly timed activities or defective construction shall be borne by the responsible party.

ARTICLE 8 – CONTRACTOR

1. Execution of the Contract by the CONTRACTOR is a representation that the CONTRACTOR has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

2. The CONTRACTOR shall carefully study and compare the Contract Documents with each other and with information furnished by the OWNER. Before commencing activities, the CONTRACTOR shall:

(1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the CONTRACTOR with the Contract Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the OWNER.

3. Within ten (10) days of notification of award, and prior to commencement of work, the CONTRACTOR shall obtain and forward to OWNER a Payment Bond and a Performance Bond representing 100% of the contract work.

4. The CONTRACTOR shall supervise and direct the Work, using the CONTRACTOR’s best skill and attention. The CONTRACTOR shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work.

5. The CONTRACTOR, as soon as practicable after award of the Contract, shall furnish in writing to the OWNER the names of subcontractors or suppliers for each portion of the Work. The OWNER will promptly reply to the CONTRACTOR in writing if, after due investigation, he has reasonable objection to the subcontractors or suppliers listed.

6. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the work.

7. The CONTRACTOR shall deliver, handle, store and install materials in accordance with manufacturers’ instructions.

8. The CONTRACTOR warrants to the OWNER that (1) materials and equipment furnished under the contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted;

and (3) the Work will conform to the requirements of…