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controlling odors, welding and installing the pipe in the trench, backfilling the trench with
excavated materials, and connecting pipe to existing conveyance pipe and to wellheads as
defined in the Drawings and Specifications. CONTRACTOR shall also furnish and install any
and all fittings (connections, wyes, tees, and elbows) required to complete the work; not all
fittings needed are shown on the Drawings. This item will be paid on a unit basis per linear
foot of LFG conveyance pipe installed.

Bid Item No. 7 Perforated Pipe Collection Trenches

This item requires that CONTRACTOR provide all labor, materials, and equipment to
construct the perforated pipe collection trenches along the alignments indicated on the
Drawings. Labor shall include excavating and relocating excess waste to the active face of
the landfill, odor control, and installing pipe and materials as defined in the Drawings and
Specifications. Materials shall include 4-inch diameter perforated HDPE pipe, 6-inch
diameter perforated HDPE pipe sleeve, Crushed Stone, and nonwoven geotextile as defined
in the Drawings and Specifications. CONTRACTOR shall furnish and install any and all
fittings required to complete the Work; not all fittings needed are shown on the Drawings.
This item will be paid on a unit basis per linear foot of trench constructed.

Bid Item No.8 Draintube™ Surface Collection Layer

This item requires that CONTRACTOR provide all labor, materials, and equipment to install
the Draintube™ surface collection layers along the alignments indicated on the Drawings.
Labor shall include rolling out the Draintube™ over existing grades, carefully cutting the
Draintube™ to allow for riser pipe penetrations, connecting the 1-inch diameter
Draintube™ pipes to the 4-inch diameter solid HDPE vacuum pipe at each end of the
collector, constructing the anchor trench along the perimeter of the Draintube™, installing
the associated condensate drain pits, repairing penetrations of the Draintube™ with excess
material and duct tape, and hauling and placing a 1-foot thick layer of Intermediate Cover
over the Draintube™ following installation. Materials shall include the Draintube™ models
indicated on the Drawings, associated fittings and couplers, duct tape for repairs, and
Crushed Stone for condensate drain pits. Intermediate Cover is available on site for use by
CONTRACTOR. This item will be paid on a unit basis per linear foot of Draintube™
installed.

Bid Item No.9 Bentonite Seals for Existing Vertical LFG Wells

This item requires that CONTRACTOR provide all labor, materials, and equipment to install
the bentonite seals around existing vertical LFG wells where shown on drawings. Labor
shall include careful excavation around each well, installation of the bentonite seal as
depicted on the Drawings, and placement of a 1-foot thick layer of Intermediate Cover over
the seal. CONTRACTOR shall hydrate and mix bentonite prior to placement. This item will
be paid on a per unit basis for each bentonite seal installed at an existing vertical LFG well.

File No. 3066.07 3 of 4 October 2016

Bid Item No. 10 Survey

This item requires that CONTRACTOR provide all labor and equipment required to perform
construction layout and as-built documentation as required by Specifications. Construction
layout shall include vertical wells, gas collection trenches, connections to the existing LFG
conveyance pipe, and all other work items as defined in the Drawings and Specifications.
CONTRACTOR shall stake out alignments of the proposed pipe and locate and mark existing
LFG system features that may be encountered during construction, prior to the start of
excavation. As-built survey locations shall be performed as features are constructed for
payment and record information and shall include all completed items as defined in the
Drawings and Specifications. This item will be paid on a lump sum basis prorated over the
scheduled duration of the Work.

File No. 3066.07 4 of 4 October 2016

DIVISION 5

PERFORMANCE BOND
PAYMENT BOND
CERTIFICATE OF INSURANCE

CONSTRUCTION PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Addtess of Contractor)

a , hereinafter called Principal,
(Corporation, Partnership or Individual)
and
(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

2

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 - 1 of 2

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

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

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

unsatisfied.
IN WITNESS WHEREOF, this instrument is executed counterparts, each one of
~~ (umber)
which shall be deemed an original,
this day of , 20
ATTEST:
Principal

By:

(Principal) Secretary
(SEAL) BY

(Address)
By:
Witness as to Principal
(Address)
(Surety)
ATTEST: BY
Attomey - in - Fact
By
Witness as to Surety (Address)
(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 - 2 of 2

CONSTRUCTION PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor)

a , hereinafter called Principal,
(Corporation, Partnership or Individual)
and
(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 - 1 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 -2 of 3

IN WITNESS WHEREOF, this instrument is executed

in

which shall be deemed an original,
this

ATTEST:

By:

(Principal) Secretary

(SEAL)

By:

Witness as to Principal

(Address)

ATTEST:

By

Witness as to Surety

(Address)

counterparts, each one of
(number)

day of , 20

Principal
BY
(Address)
(Surety)
BY

Attorney - in - Fact

(Address)

NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute BOND.

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

New Hampshire.

PY -3 of 3

DIVISION 6
AGREEMENT

Financial Structure and Management

In accordance with the City Charter and Code of Ordinances, the Financial Services Division is
responsible for establishing an accounting and internal control structure designed to ensure that
the City’s assets are protected from loss, theft, and misuse, and to ensure that adequate accounting
information is maintained and reported in conformity with GAAP. The internal control structure
is designed to provide reasonable, but not absolute, assurances that these objectives are attained.
In providing these reasonable assurances, it is recognized that the expenses related to the cost of
control should not exceed the benefits and the valuation of costs and benefits requires
management’s judgment.

Budget Control Charter Amendment

By way of background, in 1993, Nashua voters passed a Budget Contro] Charter Amendment,
(also referred to as a Spending Cap) that limited the budget to an increase of no more than the
average annual consumer price index (CPI-U) over the past three years.

On February 12, 2018 the budget limitation provisions of the City Charter were found to be
unenforceable by the Hillsborough County Superior Court Southern Judicial District. This decision
was appealed to the New Hampshire Supreme Court. On July 2, 2019, the New Hampshire
Supreme Court upheld the decision of the Hillsborough County Superior Court Southern Judicial
District.

As part of the 2021 Legislative Session, the Spending Cap was reinstated and became effective on
August 26, 2021.

Appropriating Authority

The Board of Aldermen is the Appropriating Authority for the City of Nashua. From a budgetary
control perspective, management cannot overspend its approved and authorized budget without
gaining approval from the Board of Aldermen. In addition, the Board of Aldermen must approve
all interdepartmental transfers as well as the transfer of appropriated funds within departments
from non-salary accounts to salary accounts. The City also maintains a system of encumbrance
accounting to further control budgetary expenses.

Minimum Unassigned Fund Balance

The City has an ordinance stating that its policy to maintain a minimum unassigned general fund
balance of 10% of the fiscal year appropriations. If a portion of unassigned general fund balance
is used to offset property taxes in any given fiscal year, it is the policy of the Board to replenish it
to the 10% level within a three-year period.