1-IFB0779-060926-BID PACKAGE-2026 Sewer and Drain Improvement Project.pdf

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Attached to
2026 Sewer & Drain Improvement Project
Solicitation number
IFB0779-060926
Issued by
Hillsborough County, New Hampshire

About this file

This is an Invitation for Bids (IFB) package issued by the City of Nashua, New Hampshire Department of Public Works for the 2026 Sewer & Drain Improvement Project. The project encompasses sewer and drain system improvements on Middle Dunstable Road, Hills Ferry Road, Dunloggin Road, and 167 Cypress Lane, including pipeline and structure replacement, catch basin and manhole work, pavement patching on both residential and arterial streets, and miscellaneous trench patching and restoration items. The bid package contains detailed specifications across 70+ line items including excavation (203 cubic yards rock excavation, 100 cubic yards unclassified excavation), pipe installation (80 linear feet 12-inch polypropylene pipe, 490 linear feet 18-inch polypropylene pipe), drainage structures (two catch basins, seven drainage manholes), sewer service work (300-420 linear feet of 8-inch PVC sewer pipe at various depths, sewer service wyes and connections), and pavement work (1,730 square yards of temporary and permanent patches across residential and arterial streets, plus 380 square yards of driveway reconstruction). An optional pre-bid meeting was scheduled for May 21, 2026 at 10:00 AM at the Division of Public Works with Zoom participation available. Bidder questions were due by May 27, 2026 at Noon, with answers posted by May 29, 2026 at 2:00 PM. Bids were due on June 9, 2026 at 2:00 PM and were to be submitted electronically via Bonfire or in paper form with a USB drive copy. Substantial completion is required by November 1, 2026, with final completion of pavement by May 30, 2027. Work at 167 Cypress Lane and 3 Chinook Road cannot begin until Right of Entry Agreements are obtained from homeowners, with agreements expected by July 15, 2026. Work adjacent to Salmon Brook must occur during low-flow summer months.

The contract will be awarded to the lowest responsive and responsible bidder and will utilize a Standard Form of Agreement with unit price and lump sum elements based on the attached Schedule of Values. Liquidated damages of $1,280 per working day will be assessed for delays beyond the substantial and final completion dates. All bids must remain valid for 90 days following the bid deadline or until contract execution, whichever is later. Bidders must be on the New Hampshire Department of Transportation's pre-qualified contractor list with appropriate road and/or site classifications and must demonstrate sufficient bonding capacity. A bid bond equal to 5% of the bid amount and performance and payment bonds each equal to 100% of the contract price are required. General Liability insurance of $1,000,000 per occurrence/$2,000,000 aggregate, Motor Vehicle Liability of $1,000,000 combined single limit, and Workers' Compensation coverage per New Hampshire statute are mandatory, with all policies naming the City of Nashua as an additional insured. Progress payments will be made monthly with 10% retainage until the work reaches 50% completion, after which retainage is held only if quality or timeliness issues exist, and 2% final retainage is held during the one-year warranty period. All bids become the sole property of the City, and bid documents are available on the City website and Bonfire platform at no charge.

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2026 Sewer & Drain Improvement Project

Construction Specifications and

Contract Documents

Prepared By:

IMEG

3 Congress Street

Nashua, NH 03062

Tel: (603) 883-2057

Prepared For:

City of Nashua, New Hampshire

Division of Public Works

Engineering Department

May 2026

2026 Sewer & Drain Improvement Program

Nashua, NH

TC - 1 of 1

Table of Contents

DIVISIONS

1. INVITATION FOR BIDS

2. BID FORM, NON-COLLUSION AFFIDAVIT, BID SCHEDULE, BID BOND,

CONTRACTOR’S QUALIFICATIONS

3. PAYMENT AND PERFORMANCE BONDS, CERTIFICATE OF LIABILITY INSURANCE

4. CONTRACT AGREEMENT AND GENERAL CONDITIONS

5. EXHIBITS & PROJECT CLOSE-OUT FORMS

A. NOTICE OF AWARD

B. NOTICE TO PROCEED

C. CHANGE ORDER

D. CERTIFICATE OF SUBSTANTIAL COMPLETION

E. CONSENT OF SURETY CO. TO FINAL PAYMENT

F. CONTRACTOR’S FINAL LIEN WAIVER

G. CERTIFICATE OF FINAL COMPLETION

6. SUPPLEMENTARY CONDITIONS

7. TECHNICAL SPECIFICATIONS

DIVISION 1

INVITATION FOR BIDS

IFB0779-060926 - 2026 Sewer & Drain Improvement Project

IFB0779-060926

The City of Nashua is seeking bids for the 2026 Sewer & Drain Improvement Project, which consists of sewer and drain system improvements on Middle Dunstable Road, Hills Ferry Road, Dunloggin Road, and 167 Cypress Lane includes pipeline and structure replacement, and miscellaneous other sewer, drain and roadway trench patching items.

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

Completion times for the project will be as follows:

Substantial completion is defined in Section 1.01, Item 43 of the General Conditions November 1, 2026. Final completion of finish course of pavement shall be May 30, 2027.

Schedule Limitation and Interim Milestones - 167 Cypress Lane and 3 Chinook Road:

The work at 167 Cypress lane and 3 Chinook Road shall not be started until a Right of Entry Agreement has been obtained from the homeowner. It is expected that the Agreements will be obtained by July 15, 2026.

In addition, the work in or adjacent to Salmon Brook must be performed in the summer months during “low flow” conditions (i.e. Salmon Brook water surface must be at or below the invert of the outlet pipe at the headwall).

Liquidated damages of $1,280 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 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.

Administrative Services Purchasing Department

May 14, 2026

INVITATION FOR BIDS

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

IFB0779-060926 - 2026 Sewer & Drain Improvement Project 2 | P a g e

If a Bidder chooses to submit their bid outside of Bonfire, Bidder must submit one (1) paper copy and one digital copy on a USB drive sealed in envelope(s) and packages(s) clearly marked “IFB0779-060926”. Bids must be submitted in the format provided and addresses the item(s) specified in the IFB package.

Regardless of the method submission, bids must be received no later than Tuesday, June 9, 2026 at 2:00 PM, 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 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 IFB0779- 060926 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 IFB0779-060926) within twenty-four (24) hours of opening.

The timeline for this project is as follows:

Item Date

Optional Pre-Bid Meeting Thursday, May 21, 2026 at 10:00 AM

Deadline for Bidder Questions Wednesday, May 27, 2026 at Noon

Answers/clarifications posted Friday, May 29, 2026 at 2:00 PM

Bids Due Tuesday, June 9, 2026 at 2:00 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 Conference Room, on Thursday, May 21, 2026 at 10:00 AM. The conference can also be attended by Zoom if preferred:

Join Zoom Meeting https://us02web.zoom.us/j/6035893330?pwd=YjZ5ZUtSMURySmdBRms1bXBLQ1NUdz09&omn=87912244286

Meeting chat link https://us02web.zoom.us/launch/jc/87912244286

Meeting ID: 603 589 3330 Passcode: 5893333 http://www.nashuanh.gov/ http://www.nashuanh.gov/ https://us02web.zoom.us/j/6035893330?pwd=YjZ5ZUtSMURySmdBRms1bXBLQ1NUdz09&omn=87912244286 https://us02web.zoom.us/launch/jc/87912244286

IFB0779-060926 - 2026 Sewer & Drain Improvement Project 3 | P a g e

One tap mobile

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

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 no responsible to acknowledge receipt. Inquires must be submitted in writing, citing the IFB title/number, Page Section, and must be received no later than Wednesday, May 27, 2026 at Noon to:

City of Nashua

229 Main Street, Room 11 Nashua, NH 03060 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 IFB0779-060926) and on Bonfire no later than Friday, May 29, 2026 at Noon.

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

IFB0779-060926 - 2026 Sewer & Drain Improvement Project 4 | P a g e has previously failed to perform any contract properly for any purchaser, or to complete on time, contracts or a similar nature, who is not in the position to perform the contract, or who has neglected the payment of bills or otherwise disregarded its obligations to clients, purchases, subcontractors, material men, or employees.

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

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

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

GENERAL REQUIREMENTS:

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

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

can provide the goods or services within the time frame specified;

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

has sufficient financial resources to provide the goods or services;

is on the NHDOT’s pre-qualified Contractor’s list with Road and/or Site Classifications; and 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.

IFB0779-060926 - 2026 Sewer & Drain Improvement Project 5 | P a g e

• General Liability: $1,000,000 per Occurrence $2,000,000 Aggregate

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

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

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

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

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

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

D. The Successful Bidder will be required to post the following bonds. 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 prices. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

• Payment & Performance Bond: Successful Bidder shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws and Regulations or by the Contract Documents. Successful Bidder shall also furnish such other Bonds as are required by the Contract Documents. When Successful Bidder delivers the executed agreements to the City, Successful Bidder shall also deliver to the City such Bonds as may be required to furnish.

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

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

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

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

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

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

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

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

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

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

c) Post, with the written protest, a bond with a surety meeting the requirements 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 $250,000.00;

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

IFB0779-060926 - 2026 Sewer & Drain Improvement Project 7 | P a g e

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

ii. Bid Schedule

iii. Bid Bond

iv. Construction Contractor’s Qualification Statement

v. Non-Collusion Affidavit

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

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 4 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, Supplementary Conditions 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 2

BID FORM

NON-COLLUSION AFFIDAVIT

BID SCHEDULE

BID BOND

CONTRACTOR’S QUALIFICATIONS

BF 1 of 7

Bid Form - 2026 Sewer & Drain Improvement Project

BID FORM

PROJECT IDENTIFICATION:

CONTRACT IDENTIFICATION AND NUMBER: IFB0779-060926

STATE & FEDERAL IDENTIFICATION: N/A

THIS BID IS SUBMITTED TO: City of Nashua

Central Purchasing

229 Main Street, City Hall

Room 11- Basement Floor

Nashua, NH 03061-2019

1.01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with

OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the

Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

2.01 BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and

Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the day of Bid opening, or for such longer period of time that

Bidder may agree to in writing upon request of OWNER.

3.01 In submitting this Bid, BIDDER represents, as set forth in the Agreement, that:

A. BIDDER has examined and carefully studied the Bidding Documents and the following

Addenda, receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

B. BIDDER has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

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

D. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the

BF 2 of 7

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.

E. BIDDER does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

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

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

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

Bidding Documents.

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

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

4.01 BIDDER further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other

Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any individual or entity to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

5.01 The requirements of the New Hampshire Revised Statutes Annotated shall apply to this project. The

BIDDER is responsible for compliance with all applicable statutes. The entire set of the Revised Statutes

Annotated is available online at:

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

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

SEE ATTACHED SCHEDULE OF VALUES

A. BIDDER acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents.

7.01 BIDDER agrees that the Work will be substantially completed 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;

B. Bid Schedule;

C. Bid Bond;

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

E. Construction Contractor's Qualification Statement.

F. Non-Collusion Affidavit

9.01 Communications concerning this Bid shall be addressed to:

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

Submitted by:

Name of Organization

Name of Individual

Title

Address

Telephone

Submitted to:

Name

SUBMITTED on , 20

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:

A Corporation

Corporation Name: (SEAL)

BF 5 of 7

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 *)

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

BF 6 of 7

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 ______________________________________________

City of Nashua, New Hampshire

Division of Public Works

2026 Sewer and Drain Improvement Project

IFB0779-060926 - BID SCHEDULE

Item No. Quantity Units Item Description Unit Price Total Price

201.21 2 EA REMOVE SMALL TREE

201.31 5 EA TREE PRUNING, SMALL TREES

202.31 12 CY FILL ABANDONED PIPE

202.5 3 EA REMOVAL OF CATCH BASINS, DROP INLETS, AND MANHOLES

202.8 32 LF REMOVAL OF FENCE

203.2 50 CY ROCK EXCAVATION

203.3 100 CY UNCLASSIFIED EXCAVATION

203.43 30 LF REMOVAL AND DISPOSAL OFASBESTOS (ACM) PIPE, 0-24" DIAMETER

206.191 4 EA TEST PIT 0'-9' DEPTH

206.192 1 EA TEST PIT >9' TO 15' DEPTH

209.11 100 CY GRANULAR BACKFILL (Graded Course Aggregate #67)

304.3 25 CY CRUSHED GRAVEL

403.11 30 TON HOT BITUMINOUS PAVEMENT, MACHINE METHOD

403.12 30 TON HOT BITUMINOUS PAVEMENT, HAND METHOD

403.7 250 SY TEMPORARY PAVEMENT PATCH, RESIDENTIAL STREETS

403.71 250 SY PERMANENT PAVEMENT PATCH, RESIDENTIAL STREETS

403.75 600 SY TEMPORARY PAVEMENT PATCH, ARTERIAL STREETS

403.76 600 SY PERMANENT PAVEMENT PATCH, ARTERIAL STREETS

403.8 380 SY DRIVEWAY PAVEMENT RECONSTRUCTION

417.02 380 SY COLD PLANIG BITUMINOUS SURFACES (2-Inch Depth)

583.3 20 CY RIPRAP TYPE III

593.213 50 SY GEOTEXTILE, SEPARATION CLASS I SLIT FILAMENT, WOVEN (Mirafi 600X)

603.84212 80 LF 12" POLYPROPYLENE (PP) PIPE

603.84218 490 LF 18" POLYPROPYLENE (PP) PIPE

604.184 2 U CATCH BASINS TYPE B, 4-FOOT DIAMETER (Castings Furnished by City)

604.19 1 LS SPECIAL CATCH BASIN INCLUDING GRATE (CHINOOOK ROAD)

604.324 7 U DRAINAGE MANHOLES, 4-FOOT DIAMETER (Castings Furnished by City)

604.8112 1 EA CORING MANHOLE FOR PIPE SIZES UP TO 12" DIAMETER

PAGE 1 SUBTOTAL

BS - 1 of 3

Item No. Quantity Units Item Description Unit Price Total Price

604.8118 1 EA CORING MANHOLE FOR PIPE SIZES >12" TO 18" DIAMETER

604.82 4 EA PLASTIC OIL AND FLOATING DEBRIS TRAP

604.83 3 EA CONNECTING NEW DRAIN TO EXISTING MANHOLE

604.84 5 EA CONNECTING EXISTING DRAIN TO NEW MANHOLE

605.58 125 LF 8" PERFORATED CORRUGATED POLYETHYLENE PIPE UNDERDRAIN

607.516 32 LF WOOD FENCE (STOCKADE), 6'-0" HIGH

608.12 10 SY 2" BITUMINOUS SIDEWALK

609.5 60 LF RESET GRANITE CURB

612.606 30 LF 6" PVC-SDR 35 SEWER SERVICE PIPE (ALL DEPTHS)

612.61081 300 LF 8" PVC-SDR 35 SEWER PIPE (0'-9' DEPTH)

612.61082 120 LF 8" PVC-SDR 35 SEWER PIPE (>9' TO 13' DEPTH)

612.6208 4 EA 8" X 6" PVC SEWER SERVICE WYE

613.34 25 VF SANITARY SEWER MANHOLE, 4' DIAMETER (Castings Furnished by City)

613.511 1 EA CONNECTING NEW SEWER TO EXISTING MANHOLE

618.6 1 $ UNIFORMED OFFICERS $25,000.00

618.7 800 HR FLAGGERS

619.1 1 U MAINTENANCE OF TRAFFIC

619.253 8 UWK PORTABLE CHANGEABLE MESSAGE SIGN (UNIT WEEK)

628.3 2000 LF SAWED PAVEMENT

632.0104 1200 LF RETROREFLECTIVE PAINT PAVEMENT. MARKING, 4" LINE

645.512 250 LF COMPOSITE SOCK FOR PERIMETER BERM (12" DIA)

645.533 8 EA CATCH BASIN INLET PROTECTION

646.51 1000 SY TURF EXTABLISHMENT WITH MULCH, TACKIFIERS AND LOAM

692 1 U MOBILIZATION (8% Max)

900 1 ALLOW ALLOWANCE FOR UNANTICIPATED HAZARDOUS MATERIALS $30,000.00

1000 1 ALLOW UTILITY REIMBURSEMENT FOR RELOCATION OF RESIDENTIAL SERVICES $30,000.00

BID SCHEDULE - 2026 Sewer and Drain Improvement Project

PAGE 2 SUBTOTAL

BS - 2 of 3

SUBTOTAL of Page BS-1:

SUBTOTAL of Page BS-2:

TOTAL BID PRICE (FIGURES):

TOTAL BID PRICE (WORDS)

Dollars and

Cents

Address:

BID SCHEDULE - 2026 Sewer and Drain Improvement Project

IFB0779-060926

Phone:

Email Address:

Contractor:

Authorized Signature:

Date:

BS - 3 of 3

BB - 1 of 2

BID BOND

PENAL SUM FORM

BIDDER (Name and Address):

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

OWNER (Name and Address):

BID

BID DUE DATE:

PROJECT (Brief Description Including Location):

BOND

BOND NUMBER:

DATE: (Not later than Bid Due Date):

PENAL SUM:

(Words) (Figures)

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

BIDDER SURETY

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

Signature and Title

Surety’s Name and Corporate Seal

(Attach Power of Attorney)

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

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

BB - 2 of 2

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

2. Default of Bidder shall occur upon the failure of

Bidder to deliver within the time required by the

Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed

Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents.

3. This obligation shall be null and void if:

3.1. OWNER accepts Bidder’s bid and Bidder

delivers within the time required by the

Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed

Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and

Contract Documents, or

3.2 All bids are rejected by OWNER, or

3.3 OWNER fails to issue a notice of award to

Bidder within the time specified in the Bidding

Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof).

4. Payment under this bond will be due and payable upon default by Bidder and Within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by

OWNER and Bidder, provided that the time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid Due

Date without Surety’s written consent.

6. No suit or action shall be commenced under this

Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by

Bidder and Surety, and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

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

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

Surety thereby.

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

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

CQ - 1 of 7

CONSTRUCTION CONTRACTOR’S

QUALIFICATION STATEMENT

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

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

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

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

1563?

Yes No

If yes, show names and addresses of affiliated companies.

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

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

If yes, describe circumstances and provide details on attachment.

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

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

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

CQ - 2 of 7

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

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

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

13. What is your approximate total bonding capacity?

$500,000 to $2,000,000

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

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

$10,000,000 or more

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

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

Name of Bank

Account Manager

CQ - 3 of 7

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 7

This Page Intentionally Left Blank

CQ - 5 of 7

Schedule A – List of Major Engineered Construction 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

CQ - 6 of 7

Schedule B – List of Current Projects Under Construction

Name, Location and Description of Project

Owner

Design Engineer

Contract Price

Amount Completed

Date of Scheduled Completion

Reference/Contact & Address & Phone

CQ - 7 of 7

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

Name

Position

Date started with this organization

Date started working in construction

Prior positions and experience in construction

DIVISION 3

PAYMENT BOND

PERFORMANCE BOND

CERTIFICATE OF LIABILITY

INSURANCE

PF - 1 of 2

CONSTRUCTION PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual)

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

(Name of Owner)

(Address of Owner) hereinafter called OWNER, in the total aggregate penal sum of

Dollars, $ ( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extension thereof which may be granted by the OWNER, with or without notice to the

Surety and during the one year guaranty period, and if the PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the

OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void: otherwise to remain in full force and effect.

PF - 2 of 2

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the specifications accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the WORK or to the specifications.

PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so amended. The term "Amendment", wherever used in this BOND and whether referring to this BOND, the contract or the loan Documents shall include any alteration, addition, extension or modification of any character whatsoever.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this day of , 20 .

ATTEST:

Principal

(Principal) Secretary

(SEAL) BY

(Address)

Witness as to Principal

(Surety)

ATTEST: BY

Attorney - in - Fact

By Witness as to Surety (Address)

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR is Partnership, all partners should execute BOND

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of New Hampshire

PY - 1 of 3

CONSTRUCTION PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual)

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

(Name of Owner)

(Address of Owner) hereinafter called OWNER and unto all persons, firms, and corporations who or which may furnish labor, or who furnish materials to perform as described under the contract and to their successors and assigns, in the total aggregate penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of

20 , a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and for all labor cost incurred in such WORK including that be a subcontractor, and to any mechanic or material man lienholder whether it acquires its lien by operation of State or Federal Law; then this obligation shall be void; otherwise to remain in full force and effect.

PY - 2 of 3

PROVIDED, that beneficiaries or claimants hereunder shall be limited to the subcontractors, and persons, firms, and corporations having a direct contract with the PRINCIPAL or its

SUBCONTRACTORS.

PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the

SPECIFICATIONS.

PROVIDED, FURTHER that no suit or action shall be commenced hereunder by any claimant:

(a) Unless claimant, other than one having a direct contract with the PRINCIPAL shall have given written notice to any two of the following: The PRINCIPAL, the OWNER, or the SURETY above named within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the PRINCIPAL, OWNER, or SURETY, at any place where an office is regularly maintained for the transaction business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which PRINCIPAL ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in the BOND is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so amended. The term "Amendment", wherever used in this BOND and whether referring to this BOND, the contract or the loan Documents shall include any alteration, addition, extension or modification of any character whatsoever.

PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

PY - 3 of 3

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of

(number) which shall be deemed an original, this day of , 20 .

ATTEST:

Principal

(Principal) Secretary

(SEAL) BY

Witness as to Principal

(Surety)

ATTEST: BY

Attorney - in - Fact

By Witness as to Surety (Address)

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR is partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of New Hampshire.

INSERT CERTIFICATE OF LIABILITY INSURANCE

DIVISION 4

CONTRACT

AGREEMENT

AG - 1 of 6

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2026 by and between the City of

Nashua, New Hampshire (hereinafter called OWNER) and __________________ and its successors, transferees and assignees together hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 - WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

2026 Sewer & Drain Improvement Project consists of sewer and drain system improvements on Middle Dunstable

Road, Hills Ferry Road, Dunloggin Road, and 167 Cypress Lane includes pipeline and structure replacement, and miscellaneous other sewer, drain and roadway trench patching items.

ARTICLE 3 - ENGINEER

3.01 Daniel Hudson, PE

City Engineer

Division of Public Works

Engineering Department

848 West Hollis Street is hereinafter called ENGINEER and who is…

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