IFB0298-061026 – Collection System Flow Monitoring Program 229 Main Street • Nashua, New Hampshire 03061 • Phone (603) 589-3330 • Fax (603) 589-3233

Administrative Services Purchasing Department

May 20, 2026

INVITATION FOR BIDS

IFB0298-061026

Collection System Flow Monitoring Program

The City of Nashua, Division of Public Works, is soliciting bids from qualified independent contractors to provide flow monitoring services at seventeen (17) specified locations, as well as three (3) rain gauge locations, throughout the City’s collection system. The flow monitoring system shall provide real-time monitoring, remote notification, and monthly reporting, as described herein.

The contract term shall be for an initial period of three (3) years, commencing on or about July 1, 2026, and terminating on June 30, 2029. The City may, at its sole discretion, extend the contract for up to two (2) additional one-year terms, contingent upon satisfactory contractor performance.

All contract years, including any extensions, are subject to annual budget appropriations.

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.

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 “IFB0298-061026”. 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 Wednesday, June 10, 2026, in the Purchasing Department; City Hall, 229 Main Street, Lower Level, Room 11, Nashua NH 03060 Postmarks or other timestamps will not be accepted in lieu of actual delivery. Bidders can use https://www.nashuanh.gov/DocumentCenter/View/28837/Bonfire-Process-Overview---Vendor-Registration https://www.nashuanh.gov/DocumentCenter/View/28838/Bonfire-Process-Overview---Vendor-Submission 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 Bidders 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 IFB0298- 061026 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 IFB0298-061026) within twenty-four (24) hours of opening.

The timeline for this project is as follows:

Item Date

MANDATORY Pre-Bid Meeting Wednesday, May 27, 2026 at 10:00 AM

Deadline for Bidder Questions Tuesday, June 2, 2026 at Noon

Answers/clarifications posted Thursday, June 4, 2026 at 2:00 PM

Bids Due Wednesday, June 10, 2026 at 2:00 PM

A MANDATORY Pre-Bid Meeting to discuss the project Is scheduled to begin promptly at the Wastewater Treatment Facility, 2 Sawmill Road, Nashua, NH, on Wednesday, May 27, 2026 at 10:00 AM. The meeting can also be attended via Zoom if preferred.

Join Zoom Meeting https://us02web.zoom.us/j/6035893330?pwd=YjZ5ZUtSMURySmdBRms1bXBLQ1NUdz09&omn=89945624210

Meeting chat link https://us02web.zoom.us/launch/jc/89945624210

Meeting ID: 603 589 3330 Passcode: 5893333

One tap mobile

+13092053325,,6035893330#,,,,*5893333# US

http://www.nashuanh.gov/ http://www.nashuanh.gov/ https://us02web.zoom.us/j/6035893330?pwd=YjZ5ZUtSMURySmdBRms1bXBLQ1NUdz09&omn=89945624210 https://us02web.zoom.us/launch/jc/89945624210

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.

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 Tuesday, June 2, 2026 at Noon 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 IFB0298-061026) and on Bonfire no later than Thursday, June 4, 2026 at 2:00 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 results 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 proposed 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 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 who has previously failed to perform any contract properly for any purchaser, or to complete on time, contracts or 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.

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;

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 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.

E. 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.

F. 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.

G. 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.

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

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

J. 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.

K. 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.

L. 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.

M. Bid Document Submission List:

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

• APPENDIX A

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

2. Bid Summary Schedule

3. Non-Collusion Affidavit

4. References

• 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 applicants 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

Appendix A Division of Public Works

Scope of Work

Bid Form

Bid Summary Schedule

Non-Collusion Affidavit

References

Contract Agreement

CITY OF NASHUA, NEW HAMPSHIRE

COLLECTION SYSTEM FLOW MONITORING PROGRAM

SCOPE OF WORK

I. GENERAL

The City of Nashua, Division of Public Works, is soliciting bids from qualified independent contractors to provide flow monitoring services at seventeen (17) specified locations, as well as three (3) rain gauge locations, throughout the City’s collection system. The flow monitoring system shall provide real-time monitoring, remote notification, and monthly reporting, as described herein.

II. BACKGROUND

The City of Nashua owns and operates a wastewater treatment facility located at 2 Sawmill Road in Nashua, New Hampshire. This facility is permitted by the Environmental Protection Agency

(EPA) and regulated under National Pollutant Discharge Elimination System (NPDES) Permit No.

NH0100170.

The City maintains over 400 miles of collection system, including sanitary, combined, and stormwater infrastructure. There are nine (9) permitted combined sewer overflow (CSO) locations, eight (8) interceptor locations, and three (3) rain gauge locations that shall be monitored.

CSO location descriptions:

- CSO 002, 42°44'51.1"N 71°26'37.2"W, located at the Wastewater Treatment Facility, this overflow discharges to the Merrimack River.

- CSO 003, 42°44'20.0"N 71°26'28.2"W, located parallel to Farmington Rd, this overflow discharges to the Merrimack River.

- CSO 004, 42°45'13.0"N 71°26'25.6"W, located off of Burke Street, this overflow discharges to the Merrimack River.

- CSO 005, 42°45'47.8"N 71°26'41.8"W, located at the pump station off of East Hollis Street, between the two lanes of the Hudson Bridge, this overflow discharges to the Merrimack River.

- CSO 006, 42°44'51.1"N 71°26'37.2"W, located off of Bridge Street, this overflow discharges to the Nashua River.

- CSO 007, 42°45'44.2"N 71°28'40.4"W, located off of Tampa Street, this overflow discharges to the Nashua River.

- CSO 008, 42°46'09.4"N 71°29'16.7"W, located off of Broad Street, this overflow discharges to the Nashua River.

- CSO 009, 42°46'03.4"N 71°27'25.3"W, located off of Locke Street, this overflow discharges to the Nashua River.

- CSO 014, 42°45'49.7"N 71°26'48.2"W, located off of Bancroft Street, this overflow discharges to the Merrimack River.

Interceptor location descriptions:

- SS-MH788, 42°44'46.25"N 71°26'32.74"W, 36” Diameter Line, Sawmill Rd

- SS-MH1241, 42°45'07.02"N 71°26'28.02"W, 66” Diameter Line, Burke St

- SS-MH1252, 42°44'56.06"N 71°26'51.70"W, 48” Diameter Line, Burke St

- SS-MH3729, 42°45'43.00"N 71°28'43.86"W, 48” Diameter Line, Tampa St

- Additional four (4) – locations TBD

Rain gauge location descriptions:

- Sawmill Rd, 42°44'51.15"N 71°26'37.17"W

- Charlotte Ave Elementary School, 42°46'29.29"N 71°28'57.15"W

- Jackson St, CSO 006, 42°45'56.70"N 71°27'04.08"W

III. CONTRACT LENGTH:

The contract term shall be for an initial period of three (3) years, commencing on or about July 1, 2026, and terminating on June 30, 2029. The City may, at its sole discretion, extend the contract for up to two (2) additional one-year terms, contingent upon satisfactory contractor performance.

All contract years, including any extensions, are subject to annual budget appropriations.

IV. DESCRIPTION OF THE WORK:

General

The Contractor shall supply, install, and maintain seventeen (17) flow monitors and three (3) rain gauges, as described above. The Contractor shall retain ownership of all equipment and, upon termination of the contract, shall coordinate the prompt removal of all equipment with the City’s designated contact.

Initial Installation

The Contractor shall meet with the City’s project team to establish communication protocols, points of contact, review the scope of work, and identify any relevant information related to permits, EPA regulations, and site conditions. The Contractor shall be responsible for the administration and management of the project in its entirety.

Preliminary Site Assessment

The Contractor shall perform detailed site investigations and propose installation locations. Each location shall be physically inspected by the Contractor, including entry through manholes where necessary. As-built drawings shall not be relied upon as complete or accurate. All flow calculations shall be the responsibility of the Contractor. Final installation locations must be approved by the

City.

Site Access

All locations are physically accessible, although some may require access via easements. Entry into active sewer systems shall require confined space entry procedures, and the Contractor shall comply with all applicable federal, state, local, and OSHA regulations.

Equipment – Flow Monitoring

All flow monitoring equipment shall measure both level and velocity. Proposed equipment must be approved by the City prior to installation. Each instrument shall be calibrated upon installation and maintained in accordance with manufacturer-recommended intervals.

The Contractor shall be responsible for all maintenance, including communications, cleaning, calibration, and battery replacement.

Each location shall include data loggers capable of recording data at intervals no greater than five

(5) minutes and transmitting data to a Contractor-maintained server at intervals no greater than thirty (30) minutes. All equipment necessary for data transmission shall be provided by the

Contractor. The server shall be secure and backed up daily.

Equipment – Rain Gauge

The Contractor shall supply and install three (3) permanent telemetered rain gauges at the specified locations. Each instrument shall be calibrated upon installation and maintained in accordance with manufacturer recommendations.

The Contractor shall be responsible for all maintenance, including communications, cleaning, calibration, and battery replacement.

Rain gauges shall include data loggers capable of recording data at intervals no greater than five

(5) minutes and transmitting data to a Contractor-maintained server at intervals no greater than thirty (30) minutes. The server shall be secure and backed up daily.

Data - Review, Analysis, and Reports

Data stored on the Contractor’s server shall be accessible to City staff via a secure, password-protected website, available 24 hours per day, 365 days per year. The system shall be web-based and accessible through a standard internet browser. Multiple users shall be able to access the system simultaneously.

At a minimum, available data shall include hydrographs and tabular summaries showing minimum, maximum, and average flows for each device. Users shall be able to select monitoring locations and date ranges.

The Contractor shall respond promptly to City inquiries regarding data quality or equipment performance.

Monthly reports shall be submitted to the City’s designated contact by the tenth (10th) day of each month for the preceding month. Reports may be submitted electronically and shall include, at a minimum, graphical summaries, Excel data files, and written summaries for each monitoring location.

Notification of Overflow Activation

Instrumentation shall include the capability to provide notifications and alerts via email and text message to multiple contacts in the event of an overflow, alarm condition, or other significant activity.

Training

The Contractor shall provide all necessary training to City staff for accessing and utilizing the system.

V. INDEPENDENT CONTRACTOR SELECTION

The selected Contractor shall be a professional firm regularly engaged in sewer collection system flow monitoring. The contract will be awarded to the lowest responsive and responsible qualified bidder.

Selection shall be based on the bidder’s demonstrated experience, organizational capacity, technical and professional qualifications, available resources, project understanding, proposed approach, ability to meet required schedules, and record of past performance and cost control.

The City of Nashua reserves the right to reject any or all bids without explanation. Such action shall not give rise to any claim or cause of action by any unsuccessful bidder.

Bidders may be required to submit additional information and participate in interviews as part of the evaluation process.

The City reserves the right to accept the bid that offers the greatest overall benefit and to waive any informalities or irregularities in the bidding process, as deemed to be in the best interest of the City.

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES

IFB0298-061026 – Collection System Flow Monitoring Program Page I 1 of 5

BID FORM

PROJECT IDENTIFICATION: COLLECTION SYSTEM FLOW MONITORING PROGRAM

CONTRACT IDENTIFICATION NUMBER: IFB0298-061026

THIS BID IS SUBMITTED TO: City of Nashua, New Hampshire

Purchasing Department 229 Main Street, City Hall Nashua, NH 03061‐2019

1. The undersigned Bidder proposes and agrees, if this BID is accepted, to enter into an agreement with the

City in the form included in the BID Documents to perform all Work as specified or indicated in the BID Documents for the prices and within the times indicated in this BID and in accordance with the other terms and conditions of the BID Documents.

2. The Bidder accepts all of the terms and conditions of the Advertisement for BID and Information for Bidders, including without limitation those dealing with the disposition of Security. The bid will remain subject to acceptance for ninety 90 days after the day of bid opening, or for such longer period of time that Bidder may agree to in writing upon request of the City.

3. In submitting this BID, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the BID Documents and the following Addenda, receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

C. 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.

D. 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.

E. 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 of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, and safety precautions and programs incident thereto.

F. 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 BID Documents.

G. Bidder is aware of the general nature of work to be performed by the City and others at the Site that relates to the Work as indicated in the BID Documents.

IFB0298-061026 – Collection System Flow Monitoring Program Page I 2 of 5

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

I. Bidder has given written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the BID Documents, and the written resolution thereof by the City is acceptable to Bidder.

J. The BID Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of the Work for which the BID submitted.

4. Bidder further represents that this BID 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 has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City .

5. 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. The following documents are attached to and made a condition of this BID:

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

B. Bid Summary Schedule;

C. Non-Collusion Affidavit;

D. References

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

7. Communications concerning this BID shall be addressed to:

Amy Girard, Purchasing Manager

Email: purchasing@nashuanh.gov

SUBMITTED on , 20

Business Name (typed or printed):

Individual Partnership Corporation Joint Venture

Type:

General General Publicly Traded Professional Limited Services Other Limited Liability http://gencourt.state.nh.us/rsa/html/indexes/default.html mailto:purchasing@nashuanh.gov

IFB0298-061026 – Collection System Flow Monitoring Program Page I 3 of 5

By: (SEAL)

(Individual's Signature, General Partner, Officer with authority to sign)

Doing Business as):

Business Address:

Phone: Email:

Date and State of Organization:

Date and State of Incorporation:

Date of Qualification to do business is

Names of Current General Partners/Executive Officers/Joint Partners

Name: Title

(Indicate managing partner by an asterisk *)

Bidder 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.

IFB0298-061026 – Collection System Flow Monitoring Program Page I 4 of 5

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

In compliance with your BID, we hereby submit our BID for the above project. Having examined the plans and specifications and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, we hereby propose to furnish all supervision, labor, materials and supplies, and to construct the project in accordance with the contract documents, dated Including Addenda noted below.

EXPERIENCE AND REFERENCES:

References: Provide references for recently completed projects related to industrial coating of steel structures or tanks.

Include company name, project name, cost, dates, and contact information of company. References may be contacted as part of the bid review to assist in assessing Contractor’s qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

Acknowledgement is made of receipt of the following addenda:

If notice of acceptance of this proposal is given to the undersigned within ninety 90 days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will execute and deliver a contract in the prescribed form within 10 days after the contract has been presented to them for signature.

Immigration Reform and Control Act of 1986: The undersigned certifies that it does not and will not during the performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens.

DISQUALIFICATION OF CONTRACTORS: By signing this BID FORM the undersigned certifies that this person/firm/corporation is not currently barred from bidding on contracts by any Agency of the State of New Hampshire, nor is this person/firm/corporation a part of any firm/corporation that is currently barred from bidding on contracts by any Agency of the State of New Hampshire.

Either the undersigned or one of the following individuals, if any, is authorized to modify this BID prior to the deadline for receipt of bids by writing the modification and signing their name on the face of the BID, on the

IFB0298-061026 – Collection System Flow Monitoring Program Page I 5 of 5 envelope in which it is enclosed, on a separate document, or on a document which is faxed to the City or by sending the City's representative an e-mail message:

1.

2.

3.

4.

Email Address:

Contractor:

Authorized Signature:

Date:

Address:

Phone:

Collection System Flow Monitoring Program

IFB0298-061026

BID SUMMARY SHEET

Set-Up and installation of flow monitors, sensors, rain gauges and web-based data reporting system (includes supply of all equipment, determination of best location, training, calibration of equipment and set-up to make monitoring system operational).

Maintenance for three calendar years (includes maintenance of flow monitors, sensors, rain gauges, and web-site, monthly reports, and technical support as needed). Amount to be invoiced and paid on a monthly basis.

PROJECT

SUPPLEMENTAL PRICING

Maintenance for fourth calendar year (includes maintenance of flow monitors, sensors, rain gauges, web-site, monthly reports, and technical support as needed).

TOTAL BID PRICE:

Maintenance for fifth calendar year (includes maintenance of flow monitors, sensors, rain gauges, web-site, monthly reports, and technical support as needed).

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 ______________________________________________

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO RFP

REFERENCES Page 1 of 2

REFERENCES

A) List five (5) references from communities similar in size and program description to the City of Nashua. Include the name, title and phone number for the contact person.

(1) Community:

Population:

Contact Name:

Contact Title: Phone:

(2) Community:

(3) Community:

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO RFP

REFERENCES Page 2 of 2

(4) Community:

(5) Community:

B) Provide two (2) letters from community’s relative to vendor’s performance under their contract.

AG 1 of 3

Contract for Independent Contractor

CSO FLOW MONITORING PROGRAM

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060

AND

and its successors, transferees and assignees (together “Independent Contractor”) (Name and Title of Independent Contractor)

(Address of Independent Contractor)

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time to time requires the services of an Independent Contractor; and

WHEREAS, it is deemed that the services of an Independent Contractor herein specified are both necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor represents they are duly qualified, equipped, staffed, ready, willing and able to perform and render the services hereinafter described;

NOW, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as follows:

1. Documents Incorporated. The Independent Contractor shall complete the work described in the Contract Documents. The following are by reference incorporated herein and are made part of this contract:

EXHIBIT A - General Conditions for Contracts EXHIBIT B - Scope of Services EXHBIIT C - Bid Schedule

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 Proposal and the terms of this Agreement, a written change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the written change order or the fully executed City of Nashua Purchase Order shall control over the terms of the Proposal.

2. Work to be Performed. Except as otherwise provided in this contract, Independent Contractor shall furnish all services, equipment, and materials and shall perform all operations necessary and required to carry out and

AG 2 of 3 perform in accordance with the terms and conditions of the contract the work described.

Description of Work:

PROVIDE FLOW MONITORING SERVICES AT SEVENTEEN (17) SPECIFIED LOCATIONS, AS WELL AS THREE (3) RAIN GAUGE LOCATIONS, THROUGHOUT THE CITY’S COLLECTION SYSTEM. THE FLOW MONITORING SYSTEM SHALL PROVIDE REAL-TIME MONITORING, REMOTE NOTIFICATION, AND MONTHLY REPORTING AS OUTLINED IS SCOPE OF SERVICES.

3. Period of Performance. Independent Contractor shall perform and complete all work within the time period set forth. Time period 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. Independent Contractor shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City of Nashua.

The term of the contract will be for three (3) years with the first year commencing on or about July 15, 2026 and terminating on or about June 30, 2029. Each year is subject to annual budget appropriations and at the City of Nashua’s discretion.

4. Compensation. Independent Contractor agrees to perform the work for a total cost not to exceed

DOLLARS

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

Unless Independent Contractor has received a written exemption from the City of Nashua, Independent Contractor shall submit an itemized Application for Payment for operations completed in accordance with the values stated in the Agreement. Such applications shall be supported by such data substantiating the Independent Contractor’s right to payment as the City of Nashua may reasonably require. Independent Contractor shall submit requests for payment for services performed under this agreement directly to:

Electronically via email to VendorAPInvoices@NashuaNH.gov

OR

Paper Copies via US Mail to: City of Nashua, City Hall Accounts Payable 229 Main Street Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

The City of Nashua will pay for work satisfactorily completed and accurately invoiced by Independent Contractor within thirty (30) days from the time of approval by the City of Nashua.

5. Effective Date of Contract. This contract shall not become effective until the date of execution by the City of Nashua.

6. Notices. All notices, requests, or approvals required or permitted to be given under this contract shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid, and registered or certified, and shall be addressed to:

file://CityFile/Secure/DPWShare/ADMIN%20DEPT/Finance/Contract%20Templates/Independent%20Contractor%20Contract%20Template/VendorAPInvoices@NashuaNH.gov

AG 3 of 3

City of Nashua Representative: Independent Contractor Representative:

Noelle Osborne, Operations Supervisor City of Nashua –Wastewater Treatment Facility 2 Sawmill Road Nashua, NH 03060 Email: OsborneN@NashuaNH.gov Email:

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be given to and received by the addressee thereof on the third business day after being deposited in the mail. The City of Nashua or Independent Contractor may change the address or representative by giving written notice to the other party.

In Witness Whereof, the parties hereto have caused this contract to be signed and intend to be legally bound thereby.

City of Nashua, NH (signature) (signature)

James W. Donchess, Mayor

(Printed Name and Title) (Printed Name and Title)

Date Date

GC 1 of 12

Exhibit A Table of Contents

General Conditions

1. Definitions GC--2

2. Independent Contractor Status GC--2

3. Standard of Care GC--2

4. City of Nashua Representative GC--3

5. Changes to Scope of Work GC--3

6. City of Nashua Cooperation GC--3

7. Discovery of Conflicts, Errors, Omissions, Ambiguities, or Discrepancies GC--3

8. Termination of Contract GC--4

9. Dispute Resolution GC--6

10. No Damages for Delay GC--6

11. Insurance GC--6

12. Indemnification GC--7

13. Fiscal Contingency GC--7

14. Compensation GC--7

15. Compliance with Applicable Laws GC--8

16. Nondiscrimination GC--8

17. Endorsement GC--8

18. Assignments, Transfer, Delegation, or Subcontracting GC--9

19. City Inspection of Contract Materials GC--9

20. Disposition of Contract Materials GC--9

21. Public Records Law, Copyrights, and Patents GC--9

22. Final Acceptance GC--10

23. Taxes GC--10

24. Non-Waiver of Terms and Conditions GC--10

25. Rights and Remedies GC--10

26. Prohibited Interests GC--10

27. Third Party Interests and Liabilities GC--11

28. Survival of Rights and Obligations GC--11

29. Severability GC--11

30. Modification of Contract and Entire Agreement GC--11

31. Choice of Law and Venue GC--12

GC 2 of 12

General Terms and Conditions

1. Definitions. Unless otherwise required by the context, "Independent Contractor”, and its successors, transferees and assignees (together “Independent Contractor”) includes any of the Independent Contractor's consultants, sub consultants, contractors, and subcontractors

2. Independent Contractor Status. The parties agree that Independent 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, contractors, or subcontractors. The only contractual relationship created by this contract is between the City of Nashua and Independent Contractor, and nothing in this contract shall create any contractual relationship between the City of Nashua and Independent Contractor's consultants, sub consultants, contractors, or subcontractors. The parties also agree that Independent Contractor is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of the City of Nashua;

(4) Participation or contributions by either the Independent Contractor or the City of

Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

3. Standard of Care. Independent Contractor shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all work performed under this contract. Independent Contractor warrants that all work shall be performed with the degree of professional skill, care, diligence, and sound practices and judgment that are normally exercised by recognized professional firms with respect to services of a similar nature. It shall be the duty of Independent Contractor to assure at its own expense that all work is technically sound and in conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other requirements. In addition to all other rights which the City of Nashua may have, Independent Contractor shall, at its own expense and without additional compensation, re-perform work to correct or revise any deficiencies, omissions, or errors in the work or the product of the work or which result from Independent Contractor's failure to perform in accordance with this standard of care. Any approval by the City of Nashua of any products or services furnished or used by Independent Contractor shall not in any way relieve Independent Contractor of the responsibility for professional and technical accuracy and adequacy of its work. City of Nashua review, approval, or acceptance of, or payment for any of Independent Contractor's work under this contract shall not operate as a waiver of any of the City of Nashua's rights or causes of action under this contract, and Independent Contractor shall be and remain liable in accordance with the terms of the contract and applicable law.

Independent Contractor shall furnish competent and skilled personnel to perform the work under this contract. The City of Nashua reserves the right to approve key personnel assigned by Independent Contractor to perform work under this contract. Approved key personnel shall not be taken off of the project by Independent Contractor without the prior written approval of the City of Nashua, except in the event of termination of employment. Independent Contractor shall, if requested to do so by the City of Nashua, remove from the job any personnel whom the City of Nashua determines to be incompetent, dishonest, or uncooperative.

GC 3 of 12

4. City of Nashua Representative. The City of Nashua may designate a City of Nashua representative for this contract. If designated, all notices, project materials, requests by Independent Contractor, and any other communication about the contract shall be addressed or be delivered to the City of Nashua Representative.

5. Changes to Scope of Work. The City of Nashua may, at any time, by written order, make changes to the general scope, character, or cost of this contract and in the services or work to be performed, either increasing or decreasing the scope, character, or cost of Independent Contractor's performance under the contract. Independent Contractor shall provide to the City of Nashua within 10 calendar days, a written proposal for accomplishing the change. The proposal for a change shall provide enough detail, including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua will then determine in writing if Independent Contractor should proceed with any or all of the proposed change. If the change causes an increase or a decrease in Independent Contractor's cost or time required for performance of the contract as a whole, an equitable adjustment shall be made and the contract accordingly modified in writing.