ROTARY POOL REPLACEMENT

CONSTRUCTION

NASHUA, NEW HAMPSHIRE

IFB0897-110426

Construction Specifications and

Contract Documents

City of Nashua, NH Hillsborough County

October 2026

Rotary Pool Replacement Construction

TC - 1 of 1

Table of Contents

DIVISIONS

INVITATION FOR BIDS

1. BID FORM, BID SCHEDULE, BID BOND, CONTRACTOR’S REFERENCES,

NON-COLLUSION AFFIDAVIT

2. PAYMENT AND PERFORMANCE BONDS, CERTIFICATE OF LIABILTY INSURANCE

3. CONTRACT AGREEMENT AND GENERAL CONDITIONS

4. EXHIBITS

I. NOTICE OF AWARD

II. NOTICE TO PROCEED

III. CHANGE ORDER

IV. SUBSTANTIAL COMPLETION

V. FINAL COMPLETION

VI. FINAL RELEASE & WAIVER

5. APPENDIX - PROJECT MANUAL

IFB0897-110426 - Rotary Pool Replacement Construction

229 Main Street • Nashua, New Hampshire 03061 • Phone (603) 589-3330 • Fax (603) 589-3233

October 7, 2026

INVITATION FOR BIDS

The City of Nashua is seeking Bids from qualified firms for the replacement of the existing Rotary Pool in Nashua, New Hampshire. Work includes demolition and removal of the existing swimming and wading pools, concrete pool decks, associated pool equipment and utilities, and other site improvements as indicated in the Contract Documents.

New construction includes a new municipal swimming pool and associated pool equipment and systems; concrete pool deck; site utilities and drainage improvements; fencing and gates; site lighting and electrical improvements; parking lot improvements; landscaping and restoration; and all associated excavation, earthwork, concrete, mechanical, electrical, plumbing, and site work necessary to complete the improvements indicated in the Contract Documents.

The chosen contractor must provide all labor and materials to achieve the scope of work.

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

This project must be completed no later than July 1, 2027.

Liquidated damages of $500 per calendar day will be assessed for delays beyond July 1, 2027.

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

INFORMATION FOR BIDDERS:

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

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

Administrative Services

Purchasing Department

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Submit one (1) digital copy on a USB drive or (1) paper copy in a sealed in envelope(s) in a package clearly marked “IFB0897-110426”. 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 3:00 PM on Wednesday, November 4, 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 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

IFB0897-110426 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 IFB0897-110426) within twenty-four (24) hours of opening.

The timeline for this project is as follows:

Item Date

MANDATORY Pre-Bid Meeting and site visit Thursday, October 15, 2026 at 10:00 AM

Deadline for Bidder Questions Thursday, October 22, 2026 at 3:00 PM

Answers/clarifications posted Tuesday, October 27, 2026 at 3:00 PM

Bids Due Wednesday, November 4, 2026 at 3:00 PM

A MANDATORY Pre-Bid Meeting and Site Tour to discuss the project is scheduled to begin promptly at the Division of Public Works, 848 West Hollis Street, Nashua, NH 03062, Veteran’s Parkway

Conference Room, on Thursday, October 15, 2026 at 10:00 AM.

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

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

3 | P a g e receipt. Inquiries must be submitted in writing, citing the IFB title/number, Page Section, and must be received no later than Thursday, October 22, 2026 at 3:00 PM to:

City of Nashua

229 Main Street, Room 11

Nashua, NH 03061 purchasing@nashuanh.gov

The City of Nashua will consider all timely-received inquiries and, if reasonable and appropriate, will issue an addendum to clarify or modify this IFB on the City’s website www.nashuanh.gov, under

Services, Bid Opportunities; Current Bids; (Refer to Document IFB0897-110426) and on Bonfire no later than Tuesday, October 27, 2026 at 3:00 PM.

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

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

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

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

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

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.

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

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

GENERAL REQUIREMENTS:

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

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

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

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

has sufficient financial resources to provide the goods or services;

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

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

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

failure to furnish any required bid bonds;

failure to include a 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 and Auto Liability policies must name the City of Nashua as an additional insured and be reflected on the certificate of insurance.

General Liability: $1,000,000 per Occurrence

$2,000,000 Aggregate

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

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

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

Hampshire: $100,000 / $500,000 / $100,000

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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.

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.

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

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

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

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

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

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

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

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

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

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

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

N. Bid Document Submission List:

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

a) Division 2 of the Bidding Specifications and Contract Requirements

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

ii. Bid Schedule;

iii. Bid Bond; and

iv. Contractor’s References

v. Non-Collusion Affidavit

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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 and General Conditions. Copies are part of the Bidding

Specifications and Contract Requirements.

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

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

Disclosure of any potential conflict or statement that there are none to the best knowledge of the

Bidder(s). Also, Bidder(s) should state its intention to conform to the no conflict provisions of the IFB.

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

Amy Girard, Purchasing Manager

City of Nashua, Administrative Services Division

229 Main Street, Nashua, NH 03061

Email: purchasing@nashuanh.gov

Ph: 603-589-3332

DIVISION 1

BID FORM

BID SCHEDULE

BID BOND

CONTRACTOR’S REFERENCES

NON-COLLUSION AFFIDAVIT

BF 1 of 7 Bid Form

BID FORM

PROJECT IDENTIFICATION:

Rotary Pool Replacement Construction

CONTRACT IDENTIFICATION AND NUMBER: IFB0897-110426

STATE & FEDERAL IDENTIFICATION: N/A

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

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

2.01 BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the day of Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

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

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

Addendum No. Addendum Date

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

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

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

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

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

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

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

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

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

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

4.01 BIDDER further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any individual or entity to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

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

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

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

SEE ATTACHED BID SCHEDULE

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

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

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

BF 3 of 7

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

A. Bid Form;

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. Contractor's References.

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

Address

Telephone

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

BF 5 of 7

Corporation Name: (SEAL)

Date and State of Incorporation:

List of Executive Officers

Name Title

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

(Signature -- attach evidence of authority to sign)

Title: (Corporate Seal)

Attest:

(Signature of Corporate Secretary)

Business Address:

Date of Qualification to do business is

A Joint Venture

Joint Venture Name: (SEAL)

Date and State of Organization:

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

BF 6 of 7

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

Name (typed or printed):

Title:

Business Address:

Address for receipt of official communications:

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

BF 7 of 7

LIST OF SUBCONTRACTORS

(to be submitted with bid)

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

Name Address of Subcontractor Portion of Work

Rotary Pool Replacement Construc�on

BID SCHEDULE

(Atach addi�onal suppor�ng documents as appropriate)

Item Descrip�on Bid Amount

1 Mobiliza�on, Bonds, Insurance & General Condi�ons $

2 Demoli�on & Site Prepara�on $

3 Earthwork, Excava�on & Site Grading $

4 Site U�li�es & Drainage $

5 Swimming Pool & Pool Equipment/Systems $

6 Concrete Pool Deck & Associated Concrete Work $

7 Electrical, Ligh�ng & Controls $

8 Fencing & Gates $

9 Paving, Walkways & Site Improvements $

10 Landscaping, Site Restora�on & Site Ameni�es $

11 Tes�ng, Startup, Closeout & Final Comple�on $

BID TOTAL: $

TOTAL BID:

Dollars Cents (Use words)

Authorized Signature:

Printed Name and Tile:

Bidder:___________________________________________________________________

Address: _________________________________________________________________

Date: ____________________________

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.

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO IFB

Rotary Pool Replacement Construction Page 1 of 5

CONTRACTOR’S REFERENCES

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

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

3. On Schedule C, attached, provide a list of project awards this organization has received from the City of

Nashua in the past 5 years. Please include project detail, City department and City project lead.

4. On Schedule D, attached, provide a list of 3 professional references (business name, contact, email address & phone number). References may be contacted as part of our preliminary bid review to assist project committee in assessing Bidder qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

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

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

Dated:

Rotary Pool Replacement Construction Page 2 of 5

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

(1) Company Name:

Project Name:

Project Cost:

Project Dates:

Contact Name and Title:

Email: Phone:

(2) Company Name:

(3) Company Name:

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Schedule B – List of Current Projects Under Construction

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Schedule C - List of Project Awards from the City of Nashua in the past 5 years

Rotary Pool Replacement Construction Page 5 of 5

Schedule D - Professional References

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

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

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

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

Date: ____________________________

(If a firm or individual)

Signature of Bidder____________________________________________________

Print Name _________________________________________________________

Address of Bidder _____________________________________________________

Names and Addresses of Members of the Firm:

(If a Corporation)

Signature of Bidder___________________________________________________

Title _______________________________________________________________

Print Name__________________________________________________________

Business Address ___________________________________________________

Incorporated under the laws of the State of ______________________________________________

DIVISION 2

PAYMENT BOND

PERFORMANCE BOND

CERTIFICATE OF INSURANCE

PY - 1 of 3

Rotary Pool Replacement Construction

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

Rotary Pool Replacement Construction

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.

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

Rotary Pool Replacement Construction

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

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 3

CONTRACT AGREEMENT

GENERAL CONDITIONS

Standard Form of Agreement

Between Owner and Contractor

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire

229 Main Street

Nashua, NH 03060-2019

And the CONTRACTOR:

and its successors, transferees and assignees

(together “CONTRACTOR”)

For the following Project: IFB0897-110426

ARTICLE 1 – THE CONTRACT DOCUMENTS

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

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

Conditions;

2. Bid Form

3. Bid Schedule submitted ;

4. Payment and Performance Bonds and Insurance Certificate;

5. Notice of Award;

6. Notice to Proceed;

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

8. Fully Executed OWNER Purchase Order

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

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

ARTICLE 2 – WORK TO BE PERFORMED

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

DESCRIPTION OF WORK:

Replacement of the existing Rotary Pool, including demolition of the existing pools and associated facilities and construction of a new municipal swimming pool and supporting systems. Work includes new pool equipment, decking, utilities, drainage, fencing, lighting, parking improvements, landscaping, and associated site work.

Cost includes all labor and materials.

ARTICLE 3 – PERIOD OF PERFORMANCE

CONTRACTOR shall begin performance upon receipt of a valid Purchase Order issued from the City of

Nashua and an executed Notice to Proceed.

This project must be completed no later than July 1, 2027.

The above date shall only be altered by mutually approved written agreement to extend the period of performance or by termination in accordance with the terms of the contract. Liquidated damages of $500 per calendar day will be assessed for delays beyond July 1, 2027.

ARTICLE 4 – CONTRACT SUM

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

DOLLARS

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

ARTICLE 5 – INSURANCE AND INDEMNIFICATION

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

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

Motor Vehicle Liability: $1,000,000 Combined Single Limit;*Coverage must include all owned, non-owned and hired vehicles; and

Workers’ Compensation Coverage in compliance with the State of NH Statutes, $100,000/$500,000/$100,000.

The parties agree that CONTRACTOR shall have the status of and shall perform all work under this contract as an independent CONTRACTOR, maintaining control over all its consultants, sub consultants, or subcontractor’s. The only contractual relationship created by this contract is between the OWNER and

CONTRACTOR, and nothing in this contract shall create any contractual relationship between the OWNER and CONTRACTOR’s consultants, sub consultants, or subcontractor’s. The parties also agree that

CONTRACTOR is not an OWNER employee and that there shall be no:

1. Withholding of income taxes by the OWNER:

2. Industrial insurance coverage provided by the OWNER;

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

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

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

6. Unemployment compensation coverage provided by the OWNER.

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

Liability policies must name the OWNER as an additional insured and reflect on the certificate of insurance.

CONTRACTOR is responsible for filing updated certificates of insurance with the OWNER's Risk Management

Department during the life of the contract.

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

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

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

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

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