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ARTICLE 20

RETAINAGE

The OWNER shall not retain a portion of progress payments on this contract.

APPEAL BY BIDDERS

20.01
ARTICLE 21
21.01
A.
B.
C.
D.
E.
21.02
21.03
21.04

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

Submit a written protest to the OWNER’s Purchasing Manager within five (5) workdays
after the bid opening.

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

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.

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.

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

OWNER will stop award actions until after the OWNER’s Purchasing Manager 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.

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 OWNERbecause of the unsuccessful appeal.

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.

IB- 7 of 7

DIVISION 3

BID FORM
BID BOND
CONTRACTOR’S
QUALIFICATIONS
BID SCHEDULE

BID FORM

PROJECT IDENTIFICATION: 2019 Paving Program- Arterial Roadways
CONTRACT IDENTIFICATION AND NUMBER: _IFB0660-020719

THIS BID IS SUBMITTED TO: City of Nashua
Central Purchasing
229 Main Street, City Hall
Room 128
Nashua, NH 03061-2019

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

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

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

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

Addendum No. Addendum Date
1 — 1/30/19
2 2/06/19
—__ 3 2/07/19
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.

Dz. 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.

BF | of 8
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.

BF 2 of 8
Bid Form

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.

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)

Norman Saucier Cell # (978) 815-2964

Brox Industries Inc
1471 Methuen Street

Dracut, MA 01826

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 _Brox Industries, Inc.
Name of Individual Stephen M. Brox
Title President

Address 1471 Methuen Street

Dracut, MA 01826

Telephone (978) 454-9105

Submitted to:

Name City of Nashua Central Purchasing
Address 229 Main Street - City Hall - Room 128

Nashua, NH 03061-2019

Telephone (603) 589-3120

SUBMITTED on February X 12 , 2019

BF 3 of 8
Bid Form

If BIDDER is:

An Individual

A Partnership

Bid Form

N/A

Name (typed or printed):

By:

(SEAL)

(Undividua}
Doing business as:

‘'s Signature)

Business address:

Phone No::

Fax No.:

Partnership Name:

Date and State of Organization

N/A

(SEAL)

Names of Current General Partners

Name

Title

Type of Partnership
[-] General [[] Publicly Tratled
[] Limited [7] Other (descyibe):
By:

(Signature of General Partner — q

ttach evidence of authority to sign)

Name (typed or printed):

Business address:

Phone No.:

Fax No.:

BF 4 of

8

A Corporation

Corporation Name: __ Brox Industries, Inc. (SEAL)

Date and State of Incorporation: Incorporated in the State of MA in 1982

List of Executive Officers
Name Title
Stephen M. Brox, President
Cecilia Nickerson, Clerk
Henry Hyder Ill, Assistant Clerk

Type { ee Service, Limited Liability): Construction Corporation

(Signatur @ -- attach evidence of authority to sign)

‘Name (typed or printed): _Stephen M. Brox

Title: ___ President . (Corporate Seal)
( .

Attest:

(Signature of ©6rporate Secretary)
Business Address: _1471 Methuen Street
Dracut, MA 01826

Phone No.: _(978) 454-9105 Fax No.: _(978) 805-9719
Date of Qualification to do business is_ December 1946

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 *)

BF 5 of 8

Bid Form

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 communicatio

V

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

BF 6 of 8

LIST OF SUBCONTRACTORS
(to be submitted with bid)

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

6.09.H)

Name Address of Subcontractor Portion of Work
Garrity Asphalt Reclaiming 22 Peters Rd., Bloomfield, CT 06002 3%
Tango Construction, Inc. 134 Crawford St. Fitchburg, MA 01420 5%
BF 7 of 8

Bid Form

LIST OF SUBCONTRACTORS
(to be submitted after bid opening)

Within two hours after the completion of the opening of the bids, the general contractors who
submitted the three lowest bids must provide a list of each subcontractor who will provide labor or a
portion of the work or improvement to the contractor for which the subcontractor will be paid an amount
exceeding one percent (1%) of the prime contractor's bid or $50,000, whichever is greater, and the
number of the license issued to the subcontractor. If a general contractor fails to submit such a list
within the required time, the bid shall be deemed not responsive. To be deemed a responsive bid, this
form must be submitted even if no subcontractors are required to be listed. In that case, the bidder should
state “None” (or similar language stating that no subcontractors need to be listed) in the space below.
(Refer to General Condition 6.09.H.)

Dollar Value and
Subcontractor/Address description of work
Garrity Asphalt Reclaiming $207,354.00
22 Peters Road, Bloomfield, CT 06002 Micro-Milling
Tango Construction, Inc. $361,980.00
134 Crawford Street, Fitchburg, MA 01420 Structures

BF 8 of 8
Bid Form