CITY OF LEBANON
DEPARTMENT OF PUBLIC WORKS
193 Dartmouth College Highway
Lebanon, NH 03766
REQUEST FOR BIDS
2021 Roadway Fog Sealing Project
The City of Lebanon, New Hampshire (hereafter referred to as the CITY) is seeking the
services of a Contractor (hereafter referred to as the CONTRACTOR) lawfully engaged in
the practice of these services in New Hampshire for Roadway - Pavement Fog Sealing
Services applying fog sealing material on approximately 300,000 sq. ft. of pavement on
multiple roadways throughout the City. Interested CONTRACTORS should respond to
this request for bids on or before the time due for submission.
Following the receipt of the Bids, City staff shall evaluate the Bids and review for
Emphasis in selecting a CONTRACTOR shall be placed on the CONTRACTOR’s ability
to perform these services in the time frame requested.
2. Statement Submission:
In order to be considered responsive, Bids must be submitted to: Department of
Public Works, 193 Dartmouth College Highway, Lebanon, NH 03766, Attention:
James Donison, P.E., Director of Public Works.
Bids must be received no later than March 11, 2021 at 3:30 PM to be eligible for
consideration by the City. The Bids must be submitted digitally to
email@example.com. The subject line shall read: “City of Lebanon, NH
2021 Fog Sealing Project”
3. Guidelines for Prospective CONTRACTOR:
It is the policy of the CITY that Contracts be awarded only to responsible
CONTRACTORS. In order to qualify as responsible, a prospective CONTRACTOR
must meet the following standards as they relate to this request:
i. The Contractor shall have the adequate financial resources for performance or
have the ability to obtain such resources as required during performance;
ii. The Contractor shall have the necessary experience, organization, technical
and professional qualifications, skills, equipment and facilities;
iii. The Contractor shall be able to comply with the proposed or required
time of completion or performance schedule;
iv. The Contractor shall have a satisfactory record of performance and
documented successful completion of similar projects. A minimum of five
similar municipal crack sealing projects shall have been completed within
the last three years.
v. The Contractor shall maintain traffic at all times
vi. The intent is to provide a single-coat fog seal surface treatment, using approved NHDOT
methods per the Specification included as part of this RFP.
vii. The Contractor shall be responsible for sweeping work area prior to application of fog-
viii. The pavement/ground and air temps shall be above 59° when applying fog sealing
ix. The Contractor shall use a hand wand when applying fog seal product along/on curbs,
edges, and against any foreign objects (fences, trees etc.)
x. The Contractor shall use builders paper or another type of protectant to ensure no
xi. The Contractor shall clean/remove excess emulsion from all surfaces prior to leaving the
xii. The Contractor assumes all liability regarding damage to citizens belongings, including
not controlling traffic resulting in vehicles traveling over the non-cured fog seal material.
The Contractor shall place notices at all properties prior to application.
xiii. The Contractor shall be responsible for traffic control and management on all streets.
Due: March 11, 2021 at 3:30 P.M.
On or about: March 25, 2021
Work Schedule: Work to Be Performed: No Later Than August 15, 2021
This Request for Bids does not commit the CITY to award a contract, to pay any
costs incurred in the preparation of a response to this request, or to procure or
contract for services or supplies.
The CITY reserves the right to accept or reject any or all Bids received as a result of
this request, or to cancel in part or in its entirety this Request for Bids, if in the best
interest of the CITY to do so.
The quantities that will be awarded would
depend on final proposal pricing and budget limitations.
6. Revisions to the Request for Bids:
Any questions or inquiries must be submitted via. email (
firstname.lastname@example.org ) and must be received by the James Donison,
P.E., Director of Public Works, no later than March 5, 2021, 3:00 PM in order to
be considered. The questions and City responses will be posted on the City’s
website. Any changes to the work scope will be provided to all CONTRACTORS of
Sections 7 through 21 are shown for the information of the proposed
CONTRACTOR, and will be part of the Terms and Conditions governing the
The Contractor shall, at its sole expense, obtain and maintain the following types of
insurance, with an insurance company licensed to do business in the State of New
Hampshire with a financial rating of A- or better in “Best’s Insurance Guide”, and for the
following minimum amounts:
A. Workers’ Compensation
Per New Hampshire Statute
B. Employer’s Liability Insurance
C. Comprehensive General Liability*
$1,000,000 per occurrence/
$2,000,000 in the aggregate
Comprehensive General Liability Insurance shall include coverage for all claims of personal injury,
bodily injury, sickness, disease, or death (including coverage for acts of Consultant’s officials and
employees), and broad form property damage (including loss of use resulting there from) and for
D. Comprehensive Automobile Liability*
$1,000,000 per occurrence/
$2,000,000 in the aggregate
E. *Comprehensive Liability
$5,000,000 in the aggregate
Prior to the start of Work, the Consultant shall provide Certificates of Insurance to the City
showing policy coverage of all of the above types of insurance with the coverage and limits as
indicated above and, thereafter, on an annual basis for the duration of this Agreement and also
at the termination of the Agreement, as evidence that policies providing the required coverage,
conditions and limits are in full force and effect for the required period of time. Such Certificates
shall identify this Agreement and contain provisions that coverage will not be cancelled or
materially altered until at least thirty (30) days prior written notice has been given to the City.
The City, to include its officers, agents and employees, shall be named as an additional insured
on all insurance required under this Agreement except for Professional Liability.
8. Contract Award:
Any Contract entered into by the CITY shall be in response to the proposal and
subsequent discussions. The award shall be based on adequate financial resources for
performance, or ability to obtain such resources, possession of the necessary
experience, organization, technical and professional qualifications, skills, equipment and
facilities, ability to comply with proposed or required time of completion or
performance, possession of a satisfactory record of performance and cost. The
Contract shall be a ‘Not to Exceed’ without prior written approval.
9. Modifications After Award:
The CITY reserves the right to incorporate quantity modifications which may be
required. The CONTRACTOR will incorporate these changes at an agreed upon
additional fee cost to be further negotiated by the CITY and the CONTRACTOR.
10. Payment Schedule:
Invoices are due in duplicate and payable monthly by the third Friday of the following
Invoices are to be for the actual dollar value of the products provided.
Unless otherwise stated, payment will be net thirty (30) days after the receipt of a
correct invoice for reasonable work allocable to the contract or after date of
acceptance of work that meets contract requirements.
11. Dispute Resolution:
Any controversy arising out of or relating to this Agreement or the breach hereof shall be
resolved in the following manner:
First, the parties will attempt to resolve such disputes through direct negotiations between
appropriate representatives of each party. Second, if such negotiations are not fully
successful, the parties will attempt to resolve any remaining dispute by formal non-binding
mediation conducted in accordance with rules and procedures to be agreed upon by the
mediator and parties. Third, if any controversy arising out of or relating to this Agreement
remains unresolved after the above steps, it may be resolved by arbitration or by a judicial
process at the Grafton County Superior Court. If the parties choose arbitration, they shall
define and agree on the scope of the disputed issue in writing and then select an arbitrator.
In the event the parties are unable to agree on the issue and scope of dispute prior to
submission to arbitration, the dispute will be resolved in court.
If there is agreement to proceed with arbitration, the arbitrator shall adopt appropriate
arbitration rules similar to the American Arbitration Association or any other arbitration
procedure. The place of arbitration shall be in Lebanon, New Hampshire. The arbitration
hearing shall be held within thirty (30) days after the notice of arbitration is delivered by
one party to the other party, unless otherwise agreed. In the event the parties are unable
to agree on an arbitrator, application can be made to the Grafton County Superior Court