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14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on
account of cash allowance, if any, named in the Contract Documents as provided in paragraph
11.02 of the General Conditions.

ARTICLE15 SUBMITTAL OF BID

15.01 Each prospective Bidder is furnished one copy of the Bidding Documents with one separate
unbound copy each of the Bid Form, and if required, the Bid Bond. The unbound copy of the
Bid Form is to be completed and submitted with the Bid security and the following data:

A. List of Subcontractors
B. Construction Contractor’s Qualification Statement for Engineering Construction

15.02 A bid shall be submitted no later than the date and time prescribed and at the place indicated in
the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly
marked with the Project title (and, if applicable, the designated portion of the Project for which
the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid
security and other required documents. If a Bid is sent by mail or other delivery system, the
sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on
the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to City of
Nashua Purchasing Department, P.O. Box 2019, 229 Main Street, Nashua, NH, 03061-2019.

ARTICLE 16 MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner
that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the
date and time for the opening of Bids.

16.02 If, within twenty-four hours after Bids are opened any Bidder files a duly signed written notice
with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER
that there was a material and substantial mistake in the preparation of its Bid, OWNER may, in
its sole discretion, choose to not accept the Bid and return the same to Bidder. Thereafter,
that Bidder will be disqualified from further bidding on the Work.

ARTICLE17 OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or Invitation to Bid and,
unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base
Bids and major alternates, if any, will be made available to Bidders after the opening of Bids
through posting on the City’s website.

ARTICLE18 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but
OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end
of this period.

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ARTICLE 19 AWARD OF CONTRACT

19.01 OWNER reserves the night to reject any or all Bids, including without limitation, nonconforming,
nonresponsive, unbalanced or conditional Bids. OWNER further reserves the nght to reject the
Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible.
OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the
best interest of the Project to make an award to that Bidder. OWNER 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.

19.02. 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.

19.03 In evaluating Bids, OWNER 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.

19.04 In evaluating Bidders, OWNER 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 Subcontractors, Suppliers, and other
individuals or entities must be submitted as provided in the Supplementary Conditions..

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

19.06 If the Contract is to be awarded, OWNER will award the Contract to lowest Bidder whose
evaluation by OWNER indicates to OWNER that the award will be in the best interests of the
Project.

ARTICLE 20 CONTRACT SECURITY

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets
forth OWNER’s requirements as to Performance and Payment Bonds and insurance. When the
Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds.

ARTICLE 21 SIGNING OF AGREEMENT

21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the
required number of unsigned counterparts of the Agreement with the other Contract Documents, which
are identified in the Agreement attached thereto. The Successful Bidder shall sign and deliver the
required number of counterparts of the Agreement and attached documents to OWNER, including the
Performance and Payment Bonds and the Certificate of Insurance. Within 10 days thereafter, OWNER
shall deliver one fully signed counterpart to Successful Bidder with a complete set of drawings with
appropriate identification.

21.02 A fully executed City of Nashua Purchase Order will accompany the fully signed counterpart to
successful Bidder.

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ARTICLE 22 RETAINAGE

22.01 Provisions concerning retainage and Contractors’ rights to deposit securities in lieu of retainage
are set forth in the Agreement.

ARTICLE23. APPEAL BY BIDDERS

23.01 Any bidder may appeal a pending bid award prior to award by Owner. The appellant must:

A. Submit a written protest to the Owner’s contract administrator within five (5) workdays
after the bid opening.

B. Describe, in the written protest, the issues to be addresses on appeal.

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

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

D. Post the bond or other security in the amount of 25% of the total dollar value of the
appellant’s bid, up to a maximum bond or other security amount of 250,000.00.

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

23.02 Owner will stay award actions until after the Owner’s contract administrator has responded in
writing to the protest. If the appellant is not satisfied with the response, the appellant may then
protest to the Board of Public Works, who will render a final decision for the Owner. No bid
protests will be heard by the Board of Public Works unless bidder has followed the appeal
process.

23.03 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 Owner because of the unsuccessful appeal.

23.04 Owner is not liable for any costs, expenses, attorney’s fees, loss of income, or other damages
sustained by the appellant in a bid process.

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DIVISION 3

BID FORM
BID BOND
CONTRACTOR’S QUALIFICATIONS

BID FORM

PROJECT IDENTIFICATION:_Spring 2017 Landfill Gas System Expansion
CONTRACT IDENTIFICATION AND NUMBER: IFB0593-113016

THIS BID IS SUBMITTED TO: City of Nashua
Purchasing Department
229 Main Street, City Hall
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 90 days after the day of Bid opening, or for such longer
period of time that Bidder may agree to in writing upon request of OWNER.

3.01 Insubmitting 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
1 11/16/16
2 11/23/16
B. BIDDER has visited the Site and become familiar with and is satisfied as to the general,

local and Site conditions that may affect cost, progress, and performance of the Work.

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

D. BIDDER has obtained and carefully studied (or assumes responsibility for having done
so) all additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions (surface, subsurface and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work
or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by BIDDER, and safety precautions and
programs incident thereto.

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Bid Form

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. Unit Prices have been computed in accordance with paragraph 11.03.B of the General
Conditions.
B. 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 in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within
the number of calendar days indicated in the 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.

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Bid Form

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

A. Bid Form;

B. Bid Bond;

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

D. Construction Contractor's Qualification Statement.

9.01 Communications concerning this Bid shall be addressed to:
(Contractor's mailing address to be filled in by Bidder)

Charter Contracting Company, LLC
Attention: Rick Abelard

500 Harrison Avenue, Suite 4R

Boston, MA 02118

10.01 The terms used in this Bid with initial capital letters have the meanings indicated in the
Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

Submitted by:

Name of Organization
Name of Individual
Title

Address

Telephone

Submitted to:

Name

Address

Telephone

SUBMITTED on

Bid Form

Charter Contracting Company, LLC

Mason Sandell

Vice President

500 Harrison Avenue, Suite 4R
Boston, MA 02118

857-246-6800

City of Nashua, Purchasing Department

229 Main Street, City Hall

Nashua, NH 03061-2019

603-589-3333

November 30th

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, 20_16

If BIDDER is:

An Individual

A Partnership

Bid Form

Name (typed or printed):

By: (SEAL)
(Individual’s Signature)
Doing business as:

Business address:

Phone No.: Fax No.:

Partnership Name: Charter Contracting Company, LLC

Date and State of Organization
October 29, 2014

Massachusetts

Names of Current General Partners

Name Title
Robert L. Delhome, President Lou Schena, Chief Operations Officer

Anthony J. Pisanelli, Vice President Michael N. Bissonnette, Vice President

Mason Sandell, Vice President Steve Bedard, General Superintendent
Paul Bertolino, Project Executive

Type of Partnership
[_] General [_] Publicly Traded
KX] Limited [[] Other (describe):

(Signature of General Partner — attach evidence of authority to sign)

Name (typed or printed): Mason Sandell, Vice President
Business address: | 500 Harrison Avenue, Suite 4R
Boston, MA 02118

Phone No.: __ 857-246-6800 Fax No.: 857-246-6885

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A Corporation

Corporation Name: (SEAL)

Date and State of Incorporation:

List of Executive Officers

Name Title

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

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title: (Corporate Seal)
Attest:

(Signature of Corporate Secretary)

Business Address:

Phone No.: Fax No.:

Date of Qualification to do business is

A Joint Venture

Bid Form

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 *)

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

Name (typed or printed):

Title:

Business Address:

Phone No.: Fax No.:

Address for receipt of official communications:

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

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Bid Form