1-IFB0298-100826-BID PACKAGE-SEWER AND DRAIN FLOW SYSTEM.pdf

Sewer & Drain

Flow Monitoring System

IFB0298-100826

Construction Specifications and

Contract Documents

Prepared By:

City of Nashua, New Hampshire

Division of Public Works Engineering Department

September 2026

Sewer & Drain Flow Monitoring IFB0298-100826

TC - 1 of 1

TABLE OF CONTENTS

DIVISIONS

1. INVITATION FOR BIDS

2. SCOPE OF WORK

3. BID SCHEDULE

4. BID FORM, NON-COLLUSION AFFIDAVIT, CONTRACTOR’S QUALIFICATIONS,

BID BOND

5. CONTRACT AGREEMENT

DIVISION 1

INVITATION FOR BIDS

IFB0298-100826 – Sewer & Drain Flow Monitoring 229 Main Street • Nashua, New Hampshire 03061 • Phone (603) 589-3330 • Fax (603) 589-3233

Administrative Services Purchasing Department

September 17, 2026

INVITATION FOR BIDS

Sewer & Drain Flow Monitoring System

The City of Nashua, Division of Public Works, is soliciting bids from qualified independent contractors to provide a reliable, accurate and portable flow monitoring system with web-based data management in an effort to gain additional insight into the flows within the wastewater and drainage collection systems.

Responding vendors should be qualified to supply five (5) flow monitors, provide field staff for initial installation and training of City staff, and a web-based software system and related assistance for 24 months. The City’s objective is to develop a flow monitoring program that can be self-managed by City personnel.

The contract term shall be for an initial period of 27 months (3 months for installation and 24 months for data monitoring and tech support), commencing on or about November 15, 2026, and terminating on February 15, 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 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 “IFB0298-100826”. Bids must be submitted in the format provided and addresses the item(s) specified in the IFB package.

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

Regardless of the method submission, bids must be received no later than 1:00 PM on Thursday, October 8, 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 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- 100826 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 IFB0298-100826) within twenty-four (24) hours of opening.

The timeline for this project is as follows:

Item Date

OPTIONAL Pre-Bid Meeting Friday, September 25, 2026 at 9:30 AM

Deadline for Bidder Questions Wednesday, September 30, 2026 at 1:00 PM

Answers/clarifications posted Friday, October 2, 2026 at 2:00 PM

Bids Due Thursday, October 8, 2026 at 1:00 PM

An OPTIONAL Pre-Bid Meeting to discuss the project Is scheduled to begin promptly at the Division of Public Works, 848 West Hollis Street, Nashua, NH 03062, Veteran’s Parkway Conference Room, on Friday, September 25, 2026 at 9:30 AM. The Pre-Bid Meeting can be attended by Zoom if preferred:

Join Zoom Meeting https://us02web.zoom.us/j/6035893330?pwd=YjZ5ZUtSMURySmdBRms1bXBLQ1NUdz09&omn=83101763343

Meeting chat link https://us02web.zoom.us/launch/jc/83101763343

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=83101763343 https://us02web.zoom.us/launch/jc/83101763343

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 Wednesday, September 30, 2026 at 1:00 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 IFB0298-100826) and on Bonfire no later than Friday, October 2, 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 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.

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

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

DIVISION 2

SCOPE OF WORK

CITY OF NASHUA, NEW HAMPSHIRE

SEWER & DRAIN FLOW MONITORING

SYSTEM

SCOPE OF WORK

I. GENERAL INFORMATION

The City of Nashua, Division of Public Works (DPW) is seeking a vendor that provides a reliable, accurate and portable flow monitoring system with web-based data management in an effort to gain additional insight into the flows within the wastewater and drainage collection systems.

Responding vendors should be qualified to supply five (5) flow monitors, provide field staff for initial installation and training of City staff, and a web-based software system and related assistance for 24 months. The City’s objective is to develop a flow monitoring program that can be self-managed by city personnel.

II. DESCRIPTION OF WORK

The City plans to purchase five (5) flow monitoring units with a web-based data management system resulting in a self-managed monitoring program for the sanitary and combined wastewater and drainage networks. The units shall allow 24/7 near real-time monitoring of flows within a manhole with data posted and stored on a web-based data management system. The system shall include an alarming system with notifications transmitted to city personnel during backups or high flow events.

The vendor will deliver five (5) units, supply all hardware for each location, install the units, establish communications, provide a web-based reporting of the results, and provide a minimum of 16 hours training to city staff on how to operate, maintain and relocate the units. Technical support must be provided for the duration of the contract. The City of Nashua with input from the selected vendor will choose the locations for initial installation prior to notice to proceed. The units must be able to be relocated to other locations in the future by City staff. The installation of the units should not require confined space entry.

The duration of this contract will extend for 24 months following the install of all units with the possible extension at the end of the contract.

Proposals must include details pertaining to:

• Provision and installation of the flow monitor

• All maintenance and equipment necessary to maintain the five units

• Web-based data management system for alarming and data hosting

• Review of flow monitoring data for quality assurance

• Web-based data management system with 24 months of access following installation of all units.

III. QUALIFICATIONS FORMAT

All respondents shall submit an original, four hard copies and one electronic copy of their qualifications that include the following information and documents in this order:

• A brief history and overview of the Vendor and its general areas of practice. If a firm has multiple office locations, please identify the office location from which this project will be undertaken.

Please include the number of years the company has been in existence, and its specific experience with flow monitoring. The Vendor shall have a minimum of five (5) years of successful, documented experience in the assembly, installation, and maintenance of the proposed equipment, and flow monitoring system in gravity sewer applications.

• Vendor’s experience with flow monitoring projects for similarly sized municipalities and list of references (including at least three references from counties, cities, or authorities that the firm has recently assisted). List contact names and contact information for each reference.

• A complete technical submittal, with descriptive brochures and engineering data covering the items of equipment offered. The technical submittals shall describe in detail how the firm’s system complies with each specification requirement of this document.

• Organizational chart which identifies the project manager, key team leaders, supporting technical personnel, and reporting structure.

• Resumés of key personnel that will be working on flow monitoring if selected, including their qualifications and relevant experience working on similar projects.

IV. INSTALLATION

Initial Installation: Vendor will install the hardware for the five (5) flow monitoring units initially and while on site verify operations, including any alarming system.

Relocation Assistance: The City is anticipating relocation of the units approximately every few months. Explain what technical support is required when the units are relocated and how vendor will assist in the relocation of the units, including how the communication of the data will be managed as the unit is moved from one site to another.

V. TRAINING AND SUPPORT

Training: After installation of the units and verification of their operation, vendor shall provide a minimum of 16 hours of training for municipal staff on the operation and maintenance of the flow monitoring system, including data interpretation, relocation of units and troubleshooting.

Documentation: Deliver comprehensive documentation, including user manual, maintenance guide, and system schematics.

Ongoing support: Offer technical support and maintenance services for the duration of the contract.

VI. POWER UNIT

Describe how the units are powered and the expected longevity of the power unit (battery).

VII. DATA MANAGEMENT AND ALARMING

A web-based data management platform for access to the flow monitoring data provided at a minimum of fifteen (15) minute intervals is preferred. Explain how the data will be organized and viewed, and how reports can be created and data can be archived. The data management platform will collect and store data once per day for all flow monitoring units and provide notification when any of the monitoring equipment fails to send the 24-hour recorded data. Preference will be given to the data management platform that has a GIS interface that allows for identification of equipment location, as well as identifying equipment communication status, remaining battery life and ongoing technical support via phone or online. In addition, data export must be available in a CVS/Excel format.

Once the contract is terminated, explain how the data will be transfer to the City.

VIII. WARRANTY

Explain warranty provided for hardware, batteries, and other components

IX. DELIVERY

Upon issuance of a notice to proceed units shall be able to be delivered and installed within twelve

(12) weeks.

X. CONTRACT PERIOD

The Contract shall have an initial term of 27 months (3 months for installation, 24 months for data monitoring and technical support). At the end of the contract term, the City shall have the option, in its sole discretion, to renew the Contract for up to two (2) additional one-year terms, contingent upon satisfactory contractor performance.

XI. SELECTION

It is the City’s discretion to consider factors other than price alone in assessing the cost of respective bids. Other factors will include ease of data management, familiarity of software used and integration with existing software used by the City, downloadable documents, and complexity in relocating and reestablishing data communication when units are relocated.

XII. FEE PROPOSAL

A suggested Fee Proposal form is provided. If necessary, explain additional costs not included in the bid summary form as it pertains to the vendor specific units and program.

DIVISION 3

BID SCHEDULE

Item No.

Estimated Quantity

Units Item Description with Unit Bid Price In Word Units Price in Figures

Total Price in Figures

1 5 EA

Purchase of Flow Monitors (Including antennea, batteries, installation hardware, etc.)

2 5 EA

Hardware Warranty (24 months post installation)

3 5 EA

Batteries Warranty (24 months post installation)

4 1 LS

Active Data Management, 24 Months Post Installation- Software subscription with unlimited users. Unlimited data storage. Technical support via phone or online.

5 1 LS

Initial Set-up, maintenance, and training (16 Hrs.)

6 5 EA Installation completed by Trained Tech

7 1 LS

Shipping and Handling (5 Units with Batteries)

Email Address:

City of Nashua, New Hampshire Division of Public Works

IFB0298-100826

Sewer & Drain Flow Monitoring System

BID SCHEDULE

TOTAL BID PRICE (FIGURES)

Authorized Signature:

Print Name:

Date:

TOTAL BID PRICE (WORDS)

Dollars and

Cents Company Name:

Address:

City, State:

Phone Number:

DIVISION 4

BID FORM

NON-COLLUSION AFFIDAVIT

CONTRACTOR’S QUALIFICATIONS

BID BOND

BF 1 of 7 Bid Form

BID FORM

PROJECT IDENTIFICATION: Sewer & Drain Flow Monitoring

CONTRACT IDENTIFICATION AND NUMBER: IFB0298-100826

STATE & FEDERAL INDENTIFICATION: 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 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 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 BID SCHEDULE

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

B. Bid Schedule;

C. Bid Bond;

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 If BIDDER is:

BF 4 of 7

An Individual

Name (typed or printed):

By: (SEAL)

(Individual's Signature) Doing business as:

Business address:

Phone No.: Fax No.:

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:

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:

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:

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

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 ______________________________________________

Sewer & Drain Flow Monitoring System IFB0298-100826

CQ - 1 of 5

CONSTRUCTION CONTRACTOR’S

QUALIFICATION STATEMENT

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

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

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

If yes, describe circumstances and provide details on attachment.

6. 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?

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

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

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

CQ - 2 of 5

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

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

12. 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

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

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

Name of Bank

Account Manager

CQ - 3 of 5

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

Title:

Dated:

CQ - 4 of 5

This Page Intentionally Left Blank

CQ - 5 of 5

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

Name, Location and Description of Project

Owner

Design Engineer

Date Completed

Contract Price

Reference/Contact & Address & Phone

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.

DIVISION 5

CONTRACT AGREEMENT

AG 1 of 3

Contract for Independent Contractor

SEWER & DRAIN FLOW MONITORING SYSTEM

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 AND INSTALL A PORTABLE FLOW MONITORING SYSTEM WITH WEB-BASED DATA MANAGEMENT, INCLUDING STAFF

TRADING AND 24 MONTHS REPORTING AS OUTLINED IN EXHIBIT B.

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 contract term shall be for an initial period of twenty-seven (27) months, consisting of approximately three

(3) months for equipment installation and twenty-four (24) months for data monitoring and technical support, commencing on or about November 15, 2026, and terminating on February 15, 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. Each additional 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.

AG 3 of 3

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:

City of Nashua Representative: Independent Contractor Representative:

Daniel Hudson, P.E., City Engineer

City of Nashua – DPW Engineering Department

848 West Hollis Road

Nashua, NH 03062

Email: hudsond@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.