City of Nashua, New Hampshire Division of Public Works

Four Hills Landfill Phase IV Litter Control Fence Extension

IFB0381-042826

Bidding Specifications and

Contract Requirements

April 2026

Table of Contents Page 1 of 1

TABLE OF CONTENTS

DIVISIONS

INVITATION TO BID………………………………………………………………………………………………

1. SCOPE OF WORK

2. BID BOND

BID FORM

BID SCHEDULE

REFERENCES

3. STANDARD FORM OF AGREEMENT BETWEEN OWNER & CONTRACTOR

4. PAYMENT BOND

PERFORMANCE BOND

CERTIFICATE OF LIABILTY INSURANCE

Exhibit 1 Overall Site Plan, Phase IV Litter Control Fence Expansion, Four Hills Landfill, Nashua, New Hampshire, dated January 2025.

Exhibit 2 Litter Fence and Guard Rail Detail, Phase IV Litter Control Fence Expansion, Four Hills Landfill, Nashua, New Hampshire, dated April 2020 and amended March 2026.

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April 1, 2026

INVITATION TO BID

FOUR HILLS LANDFILL

PHASE IV LITTER CONTROL FENCE EXTENSION

The City of Nashua is seeking qualified contractors to submit bids for the installation of approximately 735 linear feet of litter control fence at the Four Hills Landfill property in Nashua, New Hampshire.

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

Completion times for the project will be as follows:

September 25, 2026 For substantial completion

October 16, 2026 For final completion

Liquidated damages of $250 for each working day will be assessed for delays beyond the established dates for substantial completion and final completion.

The City of Nashua, through the Mayor, who is the 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 “IFB0381-042826”. Bids must be submitted in the format provided and addresses the item(s) specified in the IFB package.

Regardless of the method of submission bids must be received no later than 2:00 pm on Tuesday, April 28, 2026, in the Purchasing Department; City Hall, 229 Main Street, Lower Level, Room 11, Nashua NH 03061. Postmarks or other timestamps will not be accepted in lieu of actual delivery. Bidders 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

IFB0381-042826 – FOUR HILLS LANDFILL PHASE IV LITTER CONTROL FENCE EXTENSION Page I 2 of 6 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 IFB0381-042826 and related documents. Please note paper copies of bid documents are not available in the City’s Purchasing Office.

The timeline for this project is as follows:

Projected Timeline Date

Mandatory Pre-Bid Meeting & Walk Through Thursday, April 9, 2026 at 10:00am

Deadline for Bidder Questions Thursday, April 16, 2026 at Noon

Bidder Questions Answers Posted Tuesday, April 21, 2026 at 3:00pm

Bids Due Tuesday, April 28, 2026 at 2:00pm

A MANDATORY Pre-Bid Meeting to discuss the project is scheduled to begin promptly at Thursday, April 9, 2026 at

10:00am at the Division of Public Works Administration Building located at 848 West Hollis Street, Nashua, NH 03062 in the Veteran’s Parkway Conference Room, immediately followed by a walkthrough of the proposed 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 Thursday, April 16, 2026 at

Noon to:

City of Nashua

229 Main Street, Room 11, Nashua, NH 03060 purchasing@nashuanh.gov

The City will consider all timely-received questions and requests for change and, if reasonable and appropriate, will issue an addendum to clarify or modify this IFB. Answers to Bidder submitted questions and other addenda will be posted on the City of Nashua website www.nashuanh.gov, under Services; Bid Opportunities; Current Bids; (Refer to Document IFB0381-042826) and on Bonfire no later than Tuesday, April 21, 2026 at 3:00pm.

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 grounds 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

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 Document

IFB0381-042826) within twenty-four (24) hours of the opening.

IFB0381-042826 – FOUR HILLS LANDFILL PHASE IV LITTER CONTROL FENCE EXTENSION Page I 3 of 6 efficient.

All bids are binding for ninety (90) days following the deadline for bids, or until the effective date of any binding 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 and 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. The City reserves the right to waive any irregularities when the public interest will be served thereby. The City also reserves the right to negotiate any change or amendment in any bid without soliciting further requests for bids if the action is necessary for the best interest of The City.

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

GENERAL REQUIREMENTS

A. References: Bidders must have at least five (5) years’ experience and at least five (5) projects similar to that indicated for this Project and with a record of successful in-service performance. References shall be provided to the Owner’s Representative upon request.

B. To be eligible for an award, a Bidder must be deemed "responsible". A responsible Bidder:

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;

providing the Bidder has provided goods or services to the City, has developed a positive track record with the City.

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, Employer's

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

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$1,000,000 Combined Single Limit Automobile Liability (coverage must include all owned, non-owned and hired vehicles)

Workers' Compensation Coverage in compliance with the State of New Hampshire statutes, $100,000/$500,000/$100,000

All Bidders and subcontractors at every tier under this project will fully comply with NH RSA Chapter 281-A, "Workers' Compensation".

It is the responsibility of the Successful Bidder to submit, to the City, certificates of insurance for the

Successful Bidder and all other subcontractors prior to the start of the project. It is the responsibility of the

Successful Bidder to provide the City with updated certificates of insurance for the Successful Bidder and all subcontractors 10 days prior to the expiration of coverage. The City may, at any time, order the Successful

Bidder to stop work, suspend the contract or terminate the contract for non-compliance. All subcontractors are subject to the same insurance requirements as the Successful Bidder.

D. The Successful Bidder will be required to post the following bonds. Cost of bond premiums to be incorporated into the bid item costs.

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

Payment & Performance Bonds: Prior to issuance of a City Purchase Order, the successful bidder shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all obligations under the Contract Documents.

These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. Successful

Bidder shall also furnish such other Bonds as are required by the Contract Documents. When Successful

Bidder delivers the executed agreements to the City, Successful Bidder shall also deliver to the City such

Bonds as may be required to furnish.

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

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

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

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

(Division 3).

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

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

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

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

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

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

c. Post, with the written protest, a bond with a surety meeting the requirements of General

Condition 5.02 authorized to do business in this state or submit other security in a form approved by the City who will hold the bond or security until a determination is made on the appeal;

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

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

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

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

N. Bid Document Submission List:

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

a. Division 2 of the Bidding Specifications and Contract Requirements

i. Bid Bond;

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

iii. Bid Schedule

iv. References

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

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

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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, General Conditions, and Supplementary documents. 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 03060

Email: purchasing@nashuanh.gov

Ph: 603-589-3332

DIVISION 1

FOUR HILLS LANDFILL PHASE IV

LITTER CONTROL FENCE EXTENSION

SCOPE OF WORK

Four Hills Landfill Phase IV Litter Control Fence Extension

SCOPE OF WORK

CONTRACTOR shall furnish all labor, materials, equipment, tools, and apparatus needed to install litter fence as indicated on the Drawings. The Work includes, but is not limited to removing and reinstalling road-side guard rails and guard posts (to facilitate litter fence construction), excavating soil for litter fence post installation, backfilling, and installing poles and netting as specified by the manufacturer.

1) MOBILIZATION/DEMOBILIZATION

Mobilization requires CONTRACTOR to furnish and/or deliver to the Site and maintain all materials, resources, tools, equipment, temporary support facilities, and utilities required to perform the Work. CONTRACTOR also shall secure and prepare areas approved by OWNER to stockpile materials. Costs for performance and payment bonds shall be included in the mobilization/demobilization task.

Demobilization requires CONTRACTOR to remove from the Site at the end of the Contract all remaining construction debris and all materials, resources, equipment, temporary support facilities, and utilities not needed at the completion of the Project.

The method of payment for this Bid Item is lump sum, with half of the bid amount of the item paid by OWNER as part of the first application for payment, provided that temporary support facilities are set up and construction equipment and materials are delivered to the Site. The remainder will be paid after the Work is deemed substantially complete, CONTRACTOR has provided As-Built Plans in accordance with the requirements, and CONTRACTOR demobilized from the Site.

2) REMOVAL AND REINSTALLATION OF STEEL GUARDRAIL SYSTEM

This Bid Item includes all labor, materials, equipment, tools, and apparatus needed to remove rails and/or guard posts (or sections thereof) to facilitate installation of the litter fence behind the guard rail. The existing guard rail is located along the eastern side of the landfill access road along the proposed alignment of the litter fence as shown on Figure 1. The guard rail starts from the northwest side of the Compactor Building and extends to the northern end of the proposed litter fence. Construction for guardrail reinstallation shall conform to NHDOT requirements.

Payment for this Work Item will be lump sum.

3) INSTALLATION OF LITTER CONTROL FENCE

This Bid Item includes furnishing and installing approximately 735 linear feet of new litter control fence where indicated on the Drawings (Figure 1) and in accordance with manufacturer specifications, including providing wind load and soil bearing capacity calculations, as needed. Litter control fence shall match the existing litter control fence on site or be an equivalent approved by the OWNER. New litter fence shall be tied into existing litter fence on the southeast side of the Compactor Building.

Four Hills Landfill Phase IV Litter Control Fence Extension

Design calculations and drawings for the litter control fence shall be stamped by a New Hampshire licensed Professional Engineer and submitted for review. The fence shall be designed for a minimum 100-mph wind speed. Assume soil conditions are equivalent to Class 4 materials as identified in IBC, Table 1804.2 (Allowable Foundation and Lateral Pressure).

Netting shall be Nettexx, GS-3 1” Mesh, or equivalent, as approved by the OWNER.

Poles shall be Coastal Netting Systems, Stationary Litter Fence, 12.75-in diameter, 20-feet in length above grade (plus length below grade as specified by manufacturer), with anti-corrosion coating (Coastal Netting, STRYK 5388), and set 50-feet on center, or equivalent as approved by the OWNER.

Payment for the Work will be made on a linear foot basis for litter control fence furnished and installed.

4) AS-BUILT SURVEY PLAN

The CONTRACTOR shall provide an as-built survey plan indicating the layout of the litter fence installed. As-Built Drawings shall bear the stamp of a professional engineer or land surveyor licensed in New Hampshire and be drafted using computer aided drafting (CAD) software and be provided to OWNER in hard copy and electronic format. The electronic files should include all survey points used to generate the drawings. The As-Built Drawings are to be provided within 10 days of issuance of a “Certificate of Substantial Completion.”

Payment for this Bid Item will be on a lump sum basis following final receipt of the As-Built Drawings.

GENERAL REQUIREMENTS

CONTRACTOR shall submit, before project acceptance, all Manufacturer manuals, warranty registrations, shop drawings, calculations from the litter fence and netting manufacturers.

LIST OF ATTACHMENTS

Exhibit 1 – Overall Site Plan, Phase IV Litter Control Fence Expansion, Four Hills Landfill, Nashua, New Hampshire, dated January 2025.

Exhibit 2 – Litter Fence and Guard Rail Detail, Phase IV Litter Control Fence Expansion, Four Hills Landfill, Nashua, New Hampshire, dated April 2020 and amended March 2026.

DIVISION 2

BID BOND

BID FORM

BID SCHEDULE

REFERENCES

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

By:

Signature and Title

Attest:

Surety’s Name and Corporate Seal

(Attach Power of Attorney)

Attest:

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.

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO IFB0381-042826

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BID FORM

PROJECT IDENTIFICATION: FOUR HILLS LANDFILL PHASE IV LITTER CONTROL FENCE EXTENSION

CONTRACT IDENTIFICATION NUMBER: IFB0381-042826

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

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

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4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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

11. 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 Schedule;

C. References;

D. 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

12. Communications concerning this BID shall be addressed to:

Amy Girard, Purchasing Manager

Email: purchasing@nashuanh.gov

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SUBMITTED on , 20

Business Name (typed or printed):

Individual Partnership Corporation Joint Venture

Type:

General General

Publicly Traded Professional

Limited Services

Other Limited Liability

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.

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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.

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EXPERIENCE AND REFERENCES:

References: Provide references for recently completed projects related to installing litter control fences or similar.

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 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:

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Attach additional supporting documents as appropriate

Bidder:

Address:

Phone: E-mail:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE

1) Mobilization / Demobilization 1 LS $ $

2) Removal and Reinstallation of Guard Rail

System 1 LS $

3) Installation of Litter Control Fence 735 LF $ $

4) As-Built Survey Plan 1 LS $

TOTAL BID

Contractor:

Authorized Signature:

Printed Name:________________________________________________________________

Address:

Phone:

Email Address:

Date:

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REFERENCES

INSTRUCTIONS FOR SUBMITTALS:

Bidder must demonstrate successful performance on previous similar projects within the last five years. References may be contacted as part of the bid review to assist in assessing Bidder’s qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

(1) Company Name:

Project Name:

Project Cost:

Project Dates:

Contact Name and Title:

Email: Phone:

(2) Company Name:

IFB0381-042826 – FOUR HILLS LANDFILL PHASE IV LITTER CONTROL FENCE EXTENSION Page I 8 of 8

(3) Company Name:

(4) Company Name:

(5) Company Name:

DIVISION 3

STANDARD FORM OF AGREEMENT

FOUR HILLS LANDFILL PHASE IV LITTER CONTROL FENCE EXTENSION

IFB0381-042826 Page I 1 of 13

STANDARD FORM OF AGREEMENT

B BETWEEN OWNER AND CONTRACTOR

This agreement is made:

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

And the CONTRACTOR:

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

For the following Project: FOUR HILLS LANDFILL PHASE IV LITTER CONTROL FENCE EXTENSION

ARTICLE 1 – THE CONTRACT DOCUMENTS

The CONTRACTOR shall complete the work described in the Contract Documents for this project.

The documents consist of:

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

2. Exhibit A – Scope of Work;

3. Exhibit B – Bid Schedule submitted ;

4. Payment and Performance Bonds;

5. Certificate of Liability Insurance;

6. Contract Exhibits:

a Notice to Proceed;

b Change Order (for minor changes in the Work issued after execution of this Agreement);

7. Fully Executed OWNER Purchase Order

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

In the event of a conflict between the terms of the Proposals and the terms of this Agreement, a written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement, IFB0381-042826 Page I 2 of 13 the written change order or the fully executed OWNER Purchase Order shall control over the terms of the Proposals

ARTICLE 2 – WORK TO BE PERFORMED

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

DESCRIPTION OF WORK:

Installation of approximately 735 linear feet of litter control fence, including associated excavation, backfilling, and installation of poles and netting in accordance with the Contract Documents and manufacturer specifications. The work also includes removal and reinstallation of existing guardrail systems, mobilization and demobilization, and preparation and submission of as-built survey plans.

ARTICLE 3 – PERIOD OF PERFORMANCE

CONTRACTOR shall begin performance upon issuance of a “Notice to Proceed”, the receipt of an Executed Contract, and a valid Purchase Order issued from the City of Nashua.

CONTRACTOR shall perform and substantially complete all work no later than September 25, 2026 of issuance of “Notice to Proceed”. Final completion shall be no later than October 16, 2026 of issuance of “Notice to Proceed”.

Liquidated damages will be in the amount of $250 for each calendar day of delay from the date established for substantial completion.

Dates 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.

ARTICLE 4 – CONTRACT SUM

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

DOLLARS

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

ARTICLE 5 – INSURANCE AND INDEMNIFICATION

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

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

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

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

1. Withholding of income taxes by the OWNER:

2. Industrial insurance coverage provided by the OWNER;

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

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

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

6. Unemployment compensation coverage provided by the OWNER.

CONTRACTOR will provide the OWNER with certificates of insurance for coverage as listed below and endorsements affecting coverage required by the contract within ten calendar days after the OWNER issues the notice of award. The OWNER requires thirty days written notice of cancellation or material change in coverage. The certificates and endorsements for each insurance policy must be signed by a person authorized by the insurer and who is licensed by the State of New Hampshire.

General Liability, Employers’ Liability and Auto Liability policies must name the OWNER as an additional insured and reflect on the certificate of insurance.

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

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

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

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

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

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

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

Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify and hold harmless the OWNER, its agents, officials, employees and authorized representatives and their employees from and against any and all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of any kind or nature in any manner caused, occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault or willful misconduct, whether active or passive, of CONTRACTOR or of anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract. CONTRACTOR’s indemnity and hold harmless obligations, or portions thereof, shall not apply to liability caused by the sole negligence or willful misconduct of the party indemnified or held harmless.

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General Terms and Conditions

ARTICLE 6 – GENERAL PROVISIONS

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

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

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

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

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

ARTICLE 7 – OWNER

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

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

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

CONTRACTOR.

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

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

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

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ARTICLE 8 – CONTRACTOR

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

2. The CONTRACTOR shall carefully study and compare the Contract Documents with each other and with information furnished by the OWNER. Before commencing activities, the CONTRACTOR shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the CONTRACTOR with the Contract Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the

OWNER.

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

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

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

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

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

8. The CONTRACTOR warrants to the OWNER that (1) materials and equipment furnished under the contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Contract Documents.

9. The CONTRACTOR shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed.

10. The CONTRACTOR shall obtain and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work.

11. The…