INVITATION TO BID

2025 Country Pond Watershed Management Plan Implementation Phase 1:

Newton Boat Ramp Best Management Practices (BMPs)

June 27, 2025

Country Pond Lake Association

CONTACT:

Gregory Senko

Project Manager, Country Pond Lake Association PO Box 282

Newton, NH 03859-0282 gsenko1@comcast.net mailto:gsenko1@comcast.net

Introduction

The Country Pond Lake Association (CPLA) has prepared this Bid Request in cooperation with NH LAKES, New

Hampshire Department of Environmental Services (NHDES) and the Town of Newton to solicit submittals from qualified contractors to provide deliverables requested in the subject Scope of Work.

1. Project Description

Stormwater flowing from Country Pond Road and over the boat launch ramp erodes and transports sediment into Country Pond. The Country Pond Lake Association (CPLA) in partnership with the Town of Newton seeks construction services to implement Best Management Practices (BMPs) at the ramp to reduce stormwater runoff volume, along with measures to stabilize the ramp itself, and to address erosion and transport of materials into the pond. Interested contractors are invited to submit a proposal for the construction and installation of several stormwater control practices, including vegetated swales, sediment traps, an infiltration basin, and a deep sump catch basin with overflow pipe designed to slow down runoff and collect sand and debris prior to it entering Country Pond. The ramp will be regraded and stabilized with pavement in the upper section and concrete pads in the lower section. The construction work must be in conformance with the plans and specifications noted on the construction plan prepared by KV Partners LLC, on November 2024 and entitled

COUNTRY POND WATERSHED MANAGEMENT PLAN – PHASE 1. All work must be completed per the construction notes outlined on the Construction Plan, and the Scope of Work outlined in this document.

To view design plans for the site, please click on the following web link:

https://countrypondlakeassociation.org/newton-boat-ramp-project.

2. Bid Requirements

Bid Submissions

Proposals must be emailed to Greg Senko, Project Manager, Country Pond Lake Association, gsenko1@comcast.net by 5:00 pm on Friday, August 1, 2025.

Questions concerning this project may be directed to Greg Senko, Project Manager, Country Pond Lake

Association, gsenko1@comcast.net, 978-764-7358 prior to Friday, July 18, 2025.

All proposals must be submitted on forms supplied by CPLA and all costs submitted shall be broken down for each item. No additional compensation shall be made by the CPLA. Payment for services rendered on this project will not be approved until completion of the work as approved by the CPLA Project Manager, the consultant engineer, KV Partners, NH LAKES project manager, NHDES project manager and the Town of Newton.

This project was supported by the American Rescue Plan Act (ARPA) of 2021 funds awarded to NHDES and subsequently awarded to NH LAKES for cyanobacteria mitigation efforts. Funding also provided by the Town of Newton and CPLA.

2 | P a g e Country Pond Watershed Management Plan Implementation Phase 1 mailto:gsenko1@comcast.net https://countrypondlakeassociation.org/newton-boat-ramp-project

The CPLA reserves the right to reject any and all proposals not conforming to the “Scope of Work” and

“Construction Plan.” CPLA may award the bid items at its discretion. The CPLA Project Manager, NH LAKES project manager, NHDES project manager, and the consultant engineer will evaluate the bids. The contract shall be made only with responsible contractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. During bid evaluation, consideration shall be given to such matters as contractor integrity, record of past performance on similar projects, financial and technical resources, or accessibility to other necessary resources.

The successful contractor must submit proof of liability and workers compensation within (5) five days of the bid award, as set forth in “Project Requirements – Insurance.” If approved, the successful contractor must be available to complete the construction work prior to December 31, 2025, with construction not starting until after November 1, 2025. Site restoration must be completed by May 1, 2026.

Non-Discrimination in Employment

Contracts for work under this proposal obligate the contractors and sub-contractors not to discriminate in employment practices per Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the

Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

Bidders shall, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of contract.

Successful bidders shall, if requested, submit a list of all subcontractors who will perform work on the project.

Subcontractors are also obligated not to discriminate in employment practices.

Bid Security

No bidder may withdraw a Bid within 60 days after submission to CPLA.

3. Selection Procedure

Required Qualifications Submissions

Submissions, including all listed components below, shall be ten or fewer pages in length and must include a cost estimate. No award will be made to any Bidder who cannot meet all of the following requirements:

1. Bidder shall not have defaulted nor turned the work over to the bonding company on any contract within three years prior to the bid date.

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2. Bidder shall maintain a permanent place of business.

3. Bidder shall have adequate personnel and equipment to perform the work expeditiously. Bidder shall have suitable financial status to meet obligations incidental to the work.

4. Bidder shall have appropriate technical experience satisfactory to CPLA in the class of work involved.

5. Bidder shall be registered with the Secretary of State to transact business in New Hampshire.

6. Bidder shall not have failed to complete previous contracts on time, including approved time extensions.

7. The bidder, nor any of its subsidiaries, affiliates or any of its employees has a contractual relationship with NH LAKES, or who is a NH LAKES employee, elected or appointed.

To demonstrate Bidder’s qualifications to perform the Work, within 5 days of CPLA’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below.

Contractor shall provide a description of project examples that includes: type of work performed, project owner, total cost of contract and reference with telephone number. Contractor shall demonstrate past performance working on at least three projects within the last five years with satisfactory execution of the primary tasks listed in the project, including:

1. Strict environmental regulations in and around waterbodies

2. Construction of stormwater disposal and treatment structures

3. Implementation and maintenance of erosion control measures

4. Establishment of native grasses, shrubs, and trees.

Selection Criteria

Selection will be based on the assessment of the Bid to meet the following criteria.

1. Specialized Experience of the Bidder (30%)

a. Overall experience directly related to the successful completion of similar watershed restoration projects, boat ramp projects in particular;

b. Experience with the installation of stormwater Best Management Practices (BMPs), including specific experience with the type of practices detailed in the Scope of Work;

c. Familiarity and/or experience with the Country Pond watershed;

d. Demonstrated ability to complete work within available budget and schedule, and

2. References (30%)

a. Relevance of references provided.

b. Reference check responses.

3. Cost and timeline (40%)

a. Cost estimates are required to address all aspects of the Scope of Work and Construction Plans.

b. Cost estimate meets the available budget.

c. Commitment to the required timeline.

CPLA reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. CPLA further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. CPLA may also reject the Bid of any Bidder if CPLA

4 | P a g e Country Pond Watershed Management Plan Implementation Phase 1 believes that it would not be in the best interest of the Project to make an award to that Bidder. CPLA also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

In evaluating Bids, CPLA will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

In evaluating Bidders, CPLA will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

CPLA may conduct such investigations as CPLA deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

CPLA reserves the right to request interviews with applicants. Scope, schedule, and fee negotiations will start with the highest-ranked qualified firm. If an agreement cannot be mutually arrived at, negotiations shall proceed with the next highest ranked firm and so on until an agreement is reached.

Request for Bids (RFB) Questions

Questions concerning this RFB must be submitted via email to Gregory Senko, Project Manager, Country Pond Lake Association, gsenko1@comcast.net before 5:00 PM on July 11, 2025. CPLA will not respond to telephone inquiries about the RFB. Any questions about this RFB raised by an individual/firm will be answered in a question and answer (Q & A) summary digest. The Q & A summary digest will be provided via e-mail on July 18, 2025 to all who requested to be on the response list.

Anticipated Timeline

June 27, 2025 Release of Request for Bids

July 11, 2025 Deadline for questions and for requests to be added to the Q & A digest response list (5:00 p.m.)

July 18, 2025 Q&A summary digest distributed to those who requested it

August 1, 2025 Deadline for receipt of Bid packages (5:00 p.m.)

August 22, 2025 Anticipated final selection of contractor and notification to all firms

Disclaimer

This RFB does not commit CPLA to award a contract or pay any costs incurred during the preparation of any submittal. CPLA reserves the right to reject submittals while adhering to applicable laws. CPLA also reserves the right to eliminate the need for the selected firm to complete one or more tasks, pending the outcome of preceding related tasks or issues.

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To participate in the project and receive payment, the selected firm will be required to enter into a contract which stipulates that the contractor is eligible to receive federal funding and certifies compliance with State and Federal rules related to grant funded projects.

4. Scope of Work

Deliverable 1: Procure materials for construction.

Tasks: The contractor shall procure and stage the materials needed for construction including but not limited to crushed gravel, crushed stone, pipe, catch basin, infiltration basin, sedimentation barrier and boat ramp panels.

Deliverable 2: Prepare site for construction.

Tasks: The contractor shall prepare the site for construction including cutting and removing one large pine tree, removing a kiosk (which will be saved and reinstalled) and other vegetation as directed by the engineer. The ramp is to remain open for public use ahead of construction.

Deliverable 3: Construct the boat launch ramp.

Tasks: The contractor shall construct the boat ramp BMPs according to the design plans provided by KVPartners

LLC, with construction engineering oversight by KVPartners and according to all the terms and conditions of the wetlands permit for the project. The permit conditions are listed in the design plans. Stabilize the site as needed for the winter.

Construction is to begin not earlier than lake drawdown (early November 2025 with the actual date to be announced by the NHDES Dam Bureau). Construction must be completed before winter 2025.

Deliverable 4: Site restoration.

Tasks: The contractor shall complete steps to stabilize the site including but not limited to restoring winterization measures, loam and seed disturbed areas, clean the site and remove sedimentation barriers according to the design plans provided by KVPartners LLC.

The basic sequence of construction is as follows:

Complete any other site preparation as directed by the engineer.

Construct temporary and permanent erosion control devices including silt fences, sedimentation ponds, dewatering facilities, ponds and any other devices specified.

Complete grubbing operations. All materials to be removed and disposed of offsite by the contractor.

Excavate for ramp, drainage system, stone swale and driveway base courses.

Install ramp, drainage system and driveway.

Stabilize the site in accordance with the erosion control requirement as indicated on the plans including loaming and seeding all slopes except those directly adjacent to the roadway where gravel will be placed.

Grade and compact the gravel and crushed gravel base courses.

Complete placement of native wetland soils on slope areas and in drainage swales.

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Clean the site, drainage structures, pipes, swale of any accumulated sediment.

After the site is fully stabilized, remove all temporary erosion control devices and restore disturbed areas as required.

5. Project Requirements

Contract

The following are minimum requirements:

Execution of a Contract Agreement with CPLA as provided with this bid invitation.

Upon award of the contract, the successful bidder must furnish a Performance Bond and Payment Bond equal to

100 percent of the contract price. All bonds must be from surety parties registered in the State of New

Hampshire.

Federal Funding Accountability and Transparency Act (FFATA)

The contractor shall comply with the terms of the FFATA by providing CPLA with their Unique Entity Identifier and all applicable Executive Compensation Data Information as required under the FFATA. A Unique Entity ID may be obtained by visiting https://www.sam.gov.

Procurement

All procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in 2 CFR 200.320, which allows for non-competitive procurements only in circumstances where at least one of the conditions below is true: the item is below the micro-purchase threshold ($10,000); the item is only available from a single source; the public exigency or emergency will not permit a delay from publicizing a competitive solicitation; or after solicitation of a number of sources, competition is determined inadequate.

To the extent consistent with law, to the greatest extent practicable, there is a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

Payment

Contractor shall submit invoices for payment to the Contract Owner on a percentage completed basis as approved by CPLA. The contractor shall request payment upon completion of each of the Deliverables 1 – 4 as outlined in the Scope of Work and according to the following percentages of the total contracted project cost:

Deliverable 1: Procure materials for construction – 30%

Deliverable 2: Prepare site for construction – 10%

Deliverable 3: Construct the boat launch ramp – 50%

Deliverable 4: Site restoration – 10%

All requests for payment for the project shall be provided to CPLA no later than June 5, 2026. Payment terms are net 45 days after receipt of invoice.

7 | P a g e Country Pond Watershed Management Plan Implementation Phase 1 https://www.sam.gov

Warranties

All materials and work shall be warranted for a minimum of one (1) year from the date of project completion.

Attorney’s Fees and Costs

The contractor agrees to indemnify and hold harmless CPLA, NHDES, NH LAKES and The Town of Newton from any and all liability loss or damage, including but not limited to bodily injury, illness, death, or property damage, which the contractor becomes obligated to pay, including reasonable attorney’s fees, investigative and discovery costs, as a result of claims, demands, costs or judgments against the CPLA or the landowners arising out of this agreement, caused by or arising out of the negligence, fault, breach of warranty, product liability or strict liability of the contractor, the CPLA or landowners or third parties, whether such negligence, fault, breach of warranty, products liability, or strict liability is sole, joint, or several.

Insurance

The contractor shall, at its own expense, obtain and maintain in force, or requires any subcontractor performing project work to obtain and maintain in force, for the benefit of NH LAKES and CPLA, the following minimum insurance requirements:

A) Workmen’s Compensation $ Statutory for all employees engaged in the project

B) Comprehensive Public Liability $2,000,000 aggregate for bodily injury, death or property damage, not less than $1,000,000 per occurrence.

$ 500,000 for property damage for any one incident.

The policies shall be the standard form employed in the State of New Hampshire, issued by underwriters acceptable to the State, and authorized to do business in the State of New Hampshire. The contractor shall not commence work under this contract until he/she has obtained all the insurance required and such insurance certificates have been presented to and approved by CPLA.

General Conditions

1. All work shall comply with all statutes, laws, regulations, and orders of federal, state, county or municipal authorities which shall impose any obligations or duty upon the contractor including RSA 31- 95-b.

2. Contractor shall be responsible for notifying “Dig Safe” and for the proper care of other utilities in the street. The cost of any corrective repairs to utilities is the responsibility of the contractor without cost to

CPLA or landowners.

3. Once work has commenced using equipment on the property, the contractor must work diligently and uninterrupted in an expeditious and professional manner until all work is complete.

4. The contractor must keep the work site free of debris and hazards.

5. Cleanup of the site on a daily basis and removal or safe temporary placement of equipment and materials shall be the responsibility of the contractor and shall be part of the work.

6. The contractor shall at all times conduct his work so as to assure the minimal obstruction to traffic. The contractor shall provide for the safety and convenience of the landowner, general public and the

8 | P a g e Country Pond Watershed Management Plan Implementation Phase 1 residents along the work site route and the protection of private property. The contractor shall be responsible for timely notification to the landowner before making any interruptions of their access.

7. The contractor shall not commence work until a pre-construction meeting has been held at which representatives of the contractor, CPLA, KV Partners LLC, and NHDES are present. CPLA shall schedule the pre-construction conference upon Notice of Award.

8. The consultant engineer, KV Partners, will be on the job site periodically to inspect and supervise the work.

9. In the event of interruption to water or utility services as a result of accidental breakage or as a result of being exposed or unsupported, the contractor shall promptly notify the proper authority and shall cooperate with said authority in the restoration of services. If water service is interrupted, repair work shall be continuous until the service is restored. If any utility service is interrupted for more than four (4) hours, the contractor shall make provisions for temporary service at his own expense until service is resumed.

10. In the event that stop work steps are required, no further work shall be allowed, and final construction costs to date shall be provided to CPLA no later than 5 days after such stop work steps are issued.

Renegotiation of final construction activities through a new proposal at a future date will be necessary.

11. No work will be permitted at night or on Saturdays and Sundays or holidays except as approved in writing by CPLA, and provided such work is not in violation of a local ordinance.

12. All work must be completed prior to May 1, 2026. Construction is to begin after November 1, 2025 and be completed by December 31, 2025. Site restoration must be completed by May 1, 2026.

13. A payment request may be submitted after the full completion of the project, provided that the work has been inspected and approved by KVPartners, CPLA, NHDES, , and the NHLAKES. The payment request for the project shall be provided to CPLA by November 9, 2023.

14. WORK BY OTHERS

CPLA and KV Partners shall be responsible for the following:

1) Existing condition photographs of area;

2) Inspections of work;

3) Post construction photographs of area;

4) Final inspection and acceptance of project work;

5) Maintenance plan

COST ESTIMATE WORKSHEET, AND BID SUBMITTAL FORM

Please provide cost figures for all of the items listed under the project. Additional information on these items may be provided on attached sheets. The Bidder certifies that:

1. 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 collusive agreement or rules of any group, association, organization, or corporation.

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

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4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the

Contract.

5. The bidder offers to sell to CPLA the commodities or services indicated at the price or prices quoted and in compliance with the requirements and specifications of the bid.

6. By submitting a Bid, the Bidder certifies that the bidder, nor any of its subsidiaries, affiliates or principal officers:

a. Has, within the past 2 years, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been annulled;

b. Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20;

c. Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other document submitted to the state of New Hampshire, which information was not corrected as of the time of the filing a bid, proposal, or quotation;

d. Is currently debarred from performing work on any project of the federal government or the government of any state;

e. Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state;

f. Is presently subject to any order of the New Hampshire department of labor, the New

Hampshire department of employment security, or any other state department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or rules that the department, agency, board, or commission is charged with implementing;

g. Is presently subject to any sanction or penalty finally issued by the New Hampshire department of labor, the New Hampshire department of employment security, or any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled;

h. Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section;

i. Has failed or neglected to advise the CPLA of any conviction, plea of guilty, or finding relative to any crime or violation noted in this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment; or

j. Has been placed on the debarred parties list specified in Adm 606.11 within the past year;

k. The bidder, nor any of its subsidiaries, affiliates or any of its employees has a contractual relationship with NH LAKES, or who is a NH LAKES employee, elected or appointed.

Please provide cost figures for all of the items listed in table on the following page. Additional information on these items can be found on page 4 of this document and on sheet 4 and 5 of the attached plan. Site preparation and stabilization are considered a part of each job item.

Statement of Experience

Please provide a brief statement describing the firm’s experience constructing projects of a similar nature.

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6. CONSTRUCTION COST ESTIMATE

Proposed Bid Schedule (optional)

ITEM DESCRIPTION UNIT QTY MATERIAL LABOR LINE

COST COST TOTAL

1 Site Preparation LS 1

2 Excavation CY 30

3 Crushed Gravel CY 20

4 Crushed Stone CY 30

5 Riverstone Lined Swale CY 6

6 Bituminous Concrete Pavement TONS 30

7 Boat Ramp Panels EA 30

8 8” PVC Overflow Pipe LF 49

9 6’ Diameter Infiltration Structure EA 1

10 4’ Catch Basin EA 1

11 Sedimentation Barrier LS 1

12 Dewatering LS 1

13 Maintenance of Traffic LS 1

14 Dust and Erosion Control LS 1

15 Miscellaneous Items

TOTAL PROJECT

COST:

Notes:

1. Bidders must be familiar with requirements set forth in all drawings, specifications, and exhibits to the bid documents.

2. Quantities are based on engineer's estimate and do not include all factors associated with construction (e.g., scrap, stockpile losses, change of volume due to compaction, settlement, etc.).

3. CY = Cubic Yards, EA = Each, LF = Linear Feet, LS = Lump Sum, 11 | P a g e Country Pond Watershed Management Plan Implementation Phase 1

7. Bid Form

Country Pond Lake Association

Construction of 2025 Country Pond Watershed Management Plan

Implementation Phase 1: Newton Boat Ramp Best Management Practices

Gregory Senko, Project Manager Country Pond Lake Association P.O. Box 282 Newton, NH 03859-0282

In accordance with the specifications, the undersigned hereby submits the following proposal. This proposal includes the price of all equipment, materials, labor, tools, mobilization, and insurances associated with the installation of stormwater improvements outlined in the plans entitled:

COUNTRY POND WATERSHED MANAGEMENT PLAN – PHASE 1, KV Partners LLC, and dated November 2024. All work must be completed per the construction notes outlined on the Plan and shall follow the conditions described in the bid and proposed Agreement.

TOTAL PROJECT COST: $

The undersigned is submitting this bid without collusion with any other individual or corporation. SUBMITTED FOR (Company Name):

SUBMITTED BY:

Name: Name:

Signature:

Address: Title:

Phone: Phone:

Date:

8. Non-Collusion Agreement Bid for Construction of 2025 Country Pond Watershed Management Plan Implementation Phase 1:

Newton Boat Ramp Best Management Practices

I, ___________________ (Name) state that I am

____________________ (Title) of

____________________(Name of Firm) and that I am authorized to make this affidavit on behalf of this firm and its owners, directors, and officers. I am the person responsible in this firm for the price(s) and the amount of this Bid.

I state that:

(1) The price(s) and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other Contractor, Bidder, or potential Bidder, except as disclosed on the attached appendix.

(2) That neither the price(s) nor the amount of this Bid, and neither the approximate price(s) nor approximate amount of this Bid, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before Bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a Bid higher than this Bid, or to submit any intentionally high or noncompetitive Bid.

(4) ___________________(name of this firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

I state that ______________________(name of this firm) understands and acknowledges that the above representations are material and important, and will be relied on by the Contract Owner in awarding the contract(s) for which this Bid is submitted. I understand and this firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Contract Owner of the true facts relating to the submission of Bids for this contract.

Signature ___________________________________

Name of Company/Position _________________

Date __________

REQUIRED BID ATTACHMENTS

The following documents are to be submitted with and made a condition of this Bid:

1) Bid form (Section 7.)

2) Signed Non-Collusion Affidavit (Section 8.)

3) List of Proposed Subcontractors

4) List of Project References

ADDENDA

1) Agreement

2) COUNTRY POND WATERSHED MANAGEMENT PLAN – PHASE 1: Site and Construction Plans

3) Non-collusion Affidavit

4) Newton Boat Ramp Existing Conditions Photos

5) NH DES Shoreland Permit

6) NHDES Wetlands Permit

AGREEMENT

This Agreement is dated as of the day of in the year of 2025 by and between Country Pond Lake Association, hereinafter called Contract Owner, and , hereinafter called Contractor. Contract Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents and according to the permits. The Work is generally described as follows:

Site Preparation: The contractor will Cut and clear all trees within the disturbance area unless otherwise directed by the engineer. All vegetation cleared will be removed from the site by the contractor. Complete any other site preparation as directed by the engineer

Erosion Control: The contractor will construct temporary and permanent erosion control devices including silt fences, sedimentation ponds, dewatering facilities, ponds and any other devices specified.

Excavation: The contractor will excavate for ramp, drainage system, stone swale and driveway base courses.

Install Drainage System and Driveway: The contractor will install the ramp, drainage system and driveway.

Stabilize the Site: The Contractor will stabilize the site in accordance with the erosion control requirement as indicated on the plans including loaming and seeding all slopes except those directly adjacent to the roadway where gravel will be placed.

Grade and Compact Gravel: The Contractor will grade and compact the gravel and crushed gravel base courses.

Site Restoration: Complete placement of native wetland soils on slope areas and in drainage swales. Clean the site, drainage structures, pipes, swale of any accumulated sediment. After the site is fully stabilized, remove all temporary erosion control devices and restore disturbed areas as required.

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: Construction of Country Pond Watershed Management Plan Implementation Phase 1: Newton Boat Ramp Best Management Practices

3 – ENGINEERING CONSULTANT

3.01 The Project has been designed by

KV Partners LLC P.O.

Box 432 New Boston, NH 03070 who is hereinafter called KV Partners and who is to perform construction oversight in connection with the completion of the Work in accordance with the Contract Documents.

4 - CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Dates for Substantial Completion and Final Payment

A. All work must be completed prior to May 1, 2026. Construction is to begin after November 1, 2025 and be completed by December 31, 2025. Site restoration must be completed by May 1, 2026, and ready for final payment on or before June 1, 2026.

5 - CONTRACT PRICE

5.01 Contract Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents:

A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit invoices for payment to the Contract Owner on a percentage completed basis of the total project as approved by CPLA. The contractor shall request payment upon completion of each of the Deliverables 1 – 4 as outlined in the Scope of Work and according to the following percentages of the total contracted project cost:

Deliverable 1: Procure materials for construction – 30% Deliverable 2: Prepare site for construction – 10% Deliverable 3: Construct the boat launch ramp – 50% Deliverable 4: Site restoration – 10%

B. Payment terms are net 45 days after receipt of invoice.

C. All requests for payment for the project shall be provided to CPLA no later than June 5, 2026.

7 - CONTRACTOR’S REPRESENTATIONS

7.01 The Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. Contractor 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. Contractor 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. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site;

information and observations obtained from visits to the Site; the Contract Documents; and the Site- related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs.

E. Based on the information and observations referred to in Paragraph D above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

F. Contractor is aware of the general nature of work to be performed by Contract Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

G. Contractor has given Contract Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Contract Owner is acceptable to Contractor.

H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

8 - CONTRACT DOCUMENTS

8.01 Copies of the Contract

A. There shall be at least two (2) executed copies of the Contract to be distributed as follows:

1. One (1) copy each to the Contract Owner, and Contractor.

8.02 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to 6, inclusive).

2. Drawings consisting of 4 sheets with each sheet bearing the following general title: Construction of Country Pond Watershed Management Plan Implementation Phase 1: Newton Boat Ramp Best Management Practices.

3. Addenda (numbers to , inclusive).

4. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (pages ___ to ____, inclusive).

b. Documentation submitted by Contractor prior to Notice of Award (pages _ to , inclusive).

c. Non-collusion Affidavit

d. Performance Bond equal to 100 percent of the contract price. All bonds must be from surety parties registered in the State of New Hampshire.

5. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

a. Work Change Directives.

B. The documents listed in Paragraph 8.02.A are attached to this Agreement (except as expressly noted otherwise above).

9- MISCELLANEOUS

9.01 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.02 Successors and Assigns

A. Contract Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.03 Sources of Funding

A. This project was supported by the American Rescue Plan Act (ARPA) of 2021 funds awarded to NHDES and subsequently awarded to NH LAKES for cyanobacteria mitigation efforts. Funding also provided by the Town of Newton and CPLA.

9.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Contract Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.05 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Contract Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Contract Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Contract Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

IN WITNESS WHEREOF, CONTRACT OWNER AND CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CONTRACT OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by CONTRACT OWNER and CONTRACTOR or on their behalf.

CONTRACT OWNER:

By: ________________________________________

[CORPORATE SEAL]

Attest: ___________________________________

Address for giving notices:

(If CONTRACT OWNER is a corporation, attach evidence of authority to sign. If CONTRACT OWNER is a public body, attach evidence of authority to sign and resolution of other documents authorizing execution of CONTRACT OWNER - CONTRACTOR Agree ment.

Designated Representative:

Name: _____________________________________

Title: _______________________________________

Address: ___________________________________

Phone: _____________________________________

Email: _____________________________________

CONTRACTOR:

By: _______________________________________

[CORPORATE SEAL]

Attest: ___________________________________

Address for giving notices:

License No. _______________________________ (where applicable)

Agent for service of process: _______________

(If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.)

Designated Representative:

Name: ___________________________________

Title: _____________________________________

Address: _________________________________

Phone: ___________________________________

Email: ____________________________________

P O

N D

R O

A D

COUNTRY POND

REF. EL. 115'

(PER NHDES CONSOLIDATED

LIST OF WATER BODIES)

C O

U N

T R

Y

LEGEND

PLAN

SCALE: 1"=20'

PROJECT AREA

PROJECT LOCATION MAP

SCALE: 1"=2000'

1 of 4V3DUWQHUVK �//& P.O. Box 432

New Boston, NH 03070

(603) 413-6650

20 0 20 40

SCALE 1" = 20'

SURVEY NOTES

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10" BI

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4" BI

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4" BI

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4" BI

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6" BI

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6" BI

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8" BI

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15" BI (CLUMP)

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10" BI (TWIN)

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12" BI (TRIPLE)

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4X4 GRAN. BND. (F) 0.1' HIGH

AutoCAD SHX Text 07 20 1

AutoCAD SHX Text 07 21 1 169-1

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1" IRON PIPE (F) 1.3' HIGH

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6X6 NHHB (F) FLUSH

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6X6 NHHB (F) 0.7' HIGH

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"WEIGHT LIMIT 18 TONS"

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"PRIVATE CAMP..."

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SIGN CLEAN BOATS...

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BULLETIN BOARD

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"CLEAN BOATS... STOP THE SPREAD..."

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"NO PARKING"

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"NO PARKING"

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"NO PARKING" "NO SWIMMING"

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TBM "A" MAG(S) HOR. 0.5' HIGH IN GUY POLE EL. 128.65

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TBM "B" MAG(S) VT. 0.3' HIGH IN ROOT OF 30" PINE EL. 123.85

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TOP OF WATER EL.115.5' (6-5-23, 10:49 AM)

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2 170 NETT 3 4 07 20

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07 21 169 (TRANS)

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3' CHAIN LINK

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4' WIRE FENCE (COLLAPSING)

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3' CHAIN LINK

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EDGE OF WATER (TYP.)

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MAILBOX #36

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EDGE OF GRAVEL (TYP.)

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EDGE OF PAVEMENT (TYP.)

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REFERENCE LINE

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FIRE PIT

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SAND

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50' WATERFRONT BUFFER

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150' WOODLAND BUFFER

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PILE (SMALL ROCKS)

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MAP 06 LOT 01-06 N/F HAVERHILL BOY'S CLUB

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MAP 06 LOT 01-07 N/F ROBERT FERRARA

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MAP 05 LOT 01-01 N/F ROBERT FERRARA

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(33' R.O.W. PER DEED)

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APPROX. LOT LINE (TYP.)

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AutoCAD SHX Text N:138,768.7143 E:1,145,191.5710 Z:127.3428'

AutoCAD SHX Text N:138,801.5211 E:1,145,256.9148 Z:128.1376'

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WETLAND

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WARNING MAT

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TELEPHONE BOX

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HYDRANT-FIRE

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IRON PIPE/REBAR

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LIGHT

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GAS METER

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GAS GATE

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HVAC UNIT

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IRRIGATION CONTROL

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GUYWIRE

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FIRE UTILITY

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SEWER LINE

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BUILDING

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LANDSCAPING

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CONCRETE

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SHRUB LINE

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TREE LINE

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CRUSHED STONE

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LEDGE

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RIPRAP

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TREE - DECIDIOUS

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TREE - CONIFEROUS

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UTILITY POLE

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WATER GATE

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WATER SHUTOFF

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EDGE OF PAVEMENT

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DELINEATED WETLAND

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CURBING

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CONTOUR MAJOR

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CONTOUR MINOR

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DRAINAGE LINE

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FIBER OPTIC LINE

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VENT

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DRAIN MANHOLE

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ELECTRIC METER

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ELECTRIC HAND HOLE

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CONDUIT

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DELINEATOR

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ELECTRIC BOX

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FLAG

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BOLLARD

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BOUND

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CATCH BASIN

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MAILBOX/PAPER BOX

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MANHOLE

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SEWER MANHOLE

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LIGHT POST

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SUPPORT PILLAR

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POST

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ROCK

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SHRUB

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MONITORING WELL

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STUMP

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SIGN

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BRICK

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POINT OF BEGINNING

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PLANTER

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CLEAN OUT

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WATER LINE-IRRIGATION

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WATER LINE

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HYDRANT-DRY

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RETAINING WALL

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OVERHEAD ELECTRIC

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GAS LINE

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WV

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CO

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UGF

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EHH

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ICV

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MH

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CAMERA

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WETLAND EDGE (APPROX)

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WETLAND EDGE

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IRRIGATION HEAD

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1) THIS PLAN DEPICTS FIELD EVIDENCE AS LAST OBSERVED BY PROMISED LAND SURVEY, LLC (PLS) ON JUNE 8, 2023. 2) HORIZONTAL DATUM IS NAD83-NSRS 2007 BASED ON CARLSON BRX7 RTK POST-PROCESSED GNSS. 3) VERTICAL DATUM IS NAVD88-GEOID 18 BASED ON CARLSON BRX7 RTK POST-PROCESSED GNSS. THE VERTICAL DATUM OF THE SITE IS REFERENCED TO THE TEMPORARY BENCHMARKS PROVIDED AND AS SUCH THESE SHALL BE UTILIZED FOR ALL SITE WORK. 4) UNDERGROUND UTILITIES, IF SHOWN, ARE APPROXIMATE AND ARE BASED ON FIELD EVIDENCE. ADDITIONAL UNDERGROUND UTILITIES MAY EXIST. CONTACT DIG SAFE (811) PRIOR TO ANY EXCAVATION OR CONSTRUCTION ACTIVITY. 5) RIGHT OF WAY AND BOUNDARY LINE INFORMATION SHOWN HEREON IS APPROXIMATE AND IS BASED ON FIELD EVIDENCE IN CONJUNCTION WITH PLAN INFORMATION OBTAINED FROM THE ROCKINGHAM COUNTY REGISTRY OF DEEDS. AS SUCH, THIS PLAN DOES NOT REPRESENT A BOUNDARY SURVEY. 6) BOUNDARY MONUMENTS, AS SHOWN, SHOULD NOT BE UTILIZED FOR VERTICAL CONTROL; VERTICAL CONTROL HAS BEEN ESTABLISHED/PROVIDED. 7) THE SURFACE AND FAULT LINES GENERATED/PROVIDED BY PLS REPRESENT THE SURFACE MODEL INTENDED FOR USE. THIS SURFACE TAKES INTO ACCOUNT THOSE POINTS WHICH SHOULD NOT BE UTILIZED FOR VERTICAL LOCATION AND SITE FAULT LINES. AS SUCH, ANY SURFACE GENERATED BEYOND WHAT HAS BEEN PROVIDED IS AT THE DISCRETION OF THE CREATOR AND PLS ASSUMES NO RESPONSIBILITY FOR ITS CREATION OR USAGE. 8) PRIOR TO ANY EXCAVATION, CONSTRUCTION OR SITE WORK, DUE DILIGENCE SITE CHECKS AND CONFIRMATIONS SHALL BE COMPLETED BY THE CONTRACTOR. 9) IF THERE APPEARS TO BE ANY DISCREPANCIES IN HORIZONTAL OR VERTICAL CONTROL/INFORMATION, IT IS THE DUTY OF THE CONTRACTOR/DESIGNER TO NOTIFY PLS IN ORDER TO DETERMINE THE BEST SOLUTION. ANY PROGRESS IN SITE WORK WITHOUT SEEKING RESOLUTION TO SAID ISSUES IS NOT THE RESPONSIBILITY OF PLS. 10) IF THERE APPEARS TO BE ANY DISCREPANCIES IN INVERT INFORMATION WITHIN DRAINAGE, SEWER, OR OTHER STRUCTURES, IT IS THE DUTY OF THE CONTRACTOR/DESIGNER TO IMMEDIATELY NOTIFY PLS IN ORDER TO DETERMINE THE BEST SOLUTION. ANY CONSTRUCTION WITHOUT SEEKING IMMEDIATE RESOLUTION TO SAID ISSUES IS NOT THE RESPONSIBILITY OF PLS.