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GENERAL REQUIREMENTS

A.

D.

To be eligible for an award, a Bidder must be deemed "responsible". A responsible Bidder:
e has the ability, capacity and skill to provide the goods or services required
® can provide the goods or services within the time frame specified
e has a satisfactory record of integrity, reputation, judgment and experience
e has sufficient financial resources to provide the goods or services
e hasan ability to provide future maintenance and support as required
e has developed a positive track record with the City of Nashua to the extent the Bidder has previously
provided goods or services.

The Successful Bidder will be required to provide the City with certificates of insurance for coverage as listed below and
endorsements affecting coverage required by the contract within ten (10) calendar days after the City issues the notice
of award. The City requires thirty (30) calendar days written notice of cancellation or material change in coverage. The
certificate and endorsements for each insurance policy must be signed by a person authorized by the insurer and who is
licensed by the State of New Hampshire. General Liability, Employer's Liability and Auto Liability policies must name the
City of Nashua as an additional insured and reflect on the certificate of insurance:

@ General Liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate
e $1,000,000 Combined Single Limit Automobile Liability (coverage must include all owned, non- owned and
hired vehicles)

e Workers' Compensation Coverage in compliance with the State of New Hampshire statutes,
$100,000/$500,000/5100,000

All Bidders and subcontractors at every tier under this project will fully comply with NH RSA Chapter 281-A, "Workers'
Compensation".

It is the responsibility of the Successful Bidder to submit, to the City, certificates of insurance for the Successful Bidder
and all other subcontractors prior to the start of the project. It is the responsibility of the Successful Bidder to provide
the City with updated certificates of insurance for the Successful Bidder and all subcontractors 10 days prior to the
expiration of coverage. The City may, at any time, order the Successful Bidder to stop work, suspend the contract or
terminate the contract for non-compliance. All subcontractors are subject to the same insurance requirements as the
Successful Bidder.

The Successful Bidder will be required to post the following bonds. Cost of bond premiums to be incorporated into the
bid item costs.

¢ Bid Bond: A bid guarantee from each bidder equivalent to 5% of the bid price. The “bid guarantee" must consist of a
firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as
assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required
within the time specified.

¢ Payment & Performance Bond: Successful Bidder shall furnish Performance and Payment Bonds, each in an amount
at least equal to the Contract Price, as security for the faithful performance and payment of all obligations under the
Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. Successful Bidder
shall also furnish such other Bonds as are required by the Contract Documents. When Successful Bidder delivers the
executed agreements to the City, Successful Bidder shall also deliver to the City such Bonds as may be required to
furnish,

IFBO660-012821 2021 Paving Program - Arterial and Collector Roadways Pagel 4of6

The City of Nashua would like to emphasize the importance of construction work zone safety. The City of Nashua has
adopted the provisions of the Manual on Uniform Traffic Control Devices (MUTCD) for work zone safety. Unless
otherwise indicated in the contract, the contract shall follow the requirements of the MUTCD at all roadway
construction work zones.

The City also reserves the right to negotiate any change or amendment in any bid without soliciting further bids if the
action is necessary for the best interest of the City.

G. The City may conduct discussions with responsible Bidders prior to selection. The selected Contractor shall begin
performance upon receipt of an executed contract, a valid purchase order issued from the City, and the issuance of
a “Notice to Proceed".

The City may reject any and all responses on any basis and without disclosure of a reason. The failure to make such a
disclosure shall not result in accrual of any right, claim, or cause of action by any Unsuccessful Bidder against the City.

Working on behalf of the City, the Successful Bidder shall be consistent with State and Federal statutes and be an
advocate for the City throughout the project.

The Successful Bidder shall meet all requirements of the Americans with Disabilities Act.

The Successful Bidder should understand that under the New Hampshire Right-to-Know Law, all documents
submitted in response to this request, including financial information, are considered public information and will be
made available to the public upon request, unless specifically exempted under the law.

Any Bidder submitting a bid may appeal a pending award prior to award by the City. The appellant must:

a. Submit a written protest to the City’s Purchasing Manager within five (5) business days after the bid opening.

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

c. Post, with the written protest, a bond with a surety meeting the requirements of authorization to do business in
this state or submit other security in a form approved by the City 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 the City has rendered its final decision on the protest. The City will
stop award actions until after the City'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 Aldermen, who will
render a final decision for the City. No award protests will be heard by the Board of Aldermen 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 City because
of the unsuccessful appeal. The City is not liable for any costs, expenses, attorney's fees, loss of income, or other
damages sustained by the appellant in a bid appeal process.

M. The City assumes no liability for the payment of costs and expenses incurred by any Bidder in responding to this

request. All bids become sole property of The City. This is not a contract and shall not be interpreted as such but
rather serves as an instrument through which qualifications and cost proposals are solicited.

IFBO660-012821 2021 Paving Program - Arterial and Collector Roadways Pagel5of6

N. IFB Document Submission List:

To be considered a complete response, the following documents must be submitted along with your bid. These
documents can be found in “Division 2 of the “Bidding and Contract Requirements and Specifications Package”.

A. Bid Form;
B. Schedule of Values;
C. Bid Bond;

D. Atabulation of Subcontractors, Suppliers and other individuals and entities required to be
identified in this Bid; and

E. Contractor’s Qualifications

Please ensure you have reviewed all documents before submitting all bids to the City.

IFBO660-012821 2021 Paving Program - Arterial and Collector Roadways Page l6of6

DIVISION 2

BID FORM

SCHEDULE OF VALUES

BID BOND

CONTRACTOR’S QUALIFICATIONS

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS IFB

BID FORM

PROJECT IDENTIFICATION: 2021 Paving Program — Arterial and Collector Roadways

CONTRACT IDENTIFICATION AND NUMBER: |FBO660-012821

THIS BID IS SUBMITTED TO: City of Nashua, New Hampshire
Purchasing Department
229 Main Street, City Hall
Nashua, NH 03061-2019

1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with
the City in the form included in the IFB Documents to perform all Work as specified or indicated in the
IFB Documents for the prices and within the times indicated in this bid and in accordance with the
other terms and conditions of the IFB Documents.

2. The Bidder accepts all of the terms and conditions of the Advertisement or Request for Proposals and
instructions for Bidders, including without limitation those dealing with the disposition of IFB Security.
The bid will remain subject to acceptance for ninety 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 the City.

3, In submitting this bid, Bidder represents, as set forth in the Agreement, that:

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

Addendum No. Addendum Date
| January 20,02!

———-

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.

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THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS IFB

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.

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 IFB Documents.

F. Bidder is aware of the general nature of work to be performed by the City and others at the
Site that relates to the Work as indicated in the IFB 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 written notice of all conflicts, errors, ambiguities, or discrepancies that
Bidder has discovered in the IFB Documents, and the written resolution thereof by the City is
acceptable to Bidder.

|. The IFB Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance of the Work for which the bid is submitted.

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 has not sought by collusion to obtain for itself any
advantage over any other Bidder or over the City .

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TRIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS IFB

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:

htto://gencourt.state.nh.us/rsa/html/indexes/default.htm!
Bidder will complete the Work in accordance with the Contract Documents for the following prices:
See Attached Schedule of Values

A. 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.

The following documents are attached to and made a condition of this Bid:
A. Bid Form;
B. Schedule of Values;

C. Bid Bond;

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

m

Contractor’s Qualifications

Communications concerning this Bid shali be addressed to:
(Contractor's mailing address to be filled in by Bidder}

S unshine Pay iN Cn poh
ops iy “Busha iy “Presideuk
24 CensiiuhmM vr.
hu ditcan VN 4H O2cs}

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THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS [Fb

229 Main Street, City Hall
Nashua, NH_ 03061-2019

pe
SUBMITTED on ~JOQUAYLY 2 % 20 2

; } /
Business Name (typed or printed): Sunsh INC Vow ne (wooast (Y)

[_] Individual [_] Partnership [Xx] Corporation [_] Joint Venture
Type:
[_] General [] General
[_] Publicly Traded [_] Professional
[_] Limited Dd Services

ee Mhdividual's Signature, General Partner, Officer with authority to sign) -

Wi) L] Other [_] Limited Liability
By: J 7 Vi President ____(SEAL)

Doing Business as): Sunsinine. Rav ‘ Na Comoration

Business Address; 2A Cons + i hu ion Dv .
hu dden WH 6205)
Phone: (ipo) ¥¥ &b- S4d0 Email: Qo bES UNSNine Pay Na. CoM
Date and state of Organization: N | a ~
Date and State of Incorporation: 3\c im Nass achuse + te
Date of Qualification to do business is | Aip

Names of Current General Partners/Executive Officers/Joint Partners

‘ shne\\ ‘Pre siclon
. COQ mn \ OS

(Indicate managing partner by an asterisk *)

Address for receipt of official communications:

Sunshine Vayinoy Cov pared - Rolooyt Bushoall ,Presizlen i
24 Conshhubhm, Py. Har olsen, MH 63D 3)

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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General Terms and Conditions

Definitions. Unless otherwise required by the context, "Professional Engineer”, and its successors,
transferees and assignees (together “Professional Engineer”) includes any of the Professional
Engineer's consultants, sub consultants, contractors, and subcontractors

Professional Engineer Status. The parties agree that Professional Engineer shall have the status
of and shall perform all work under this contract as a Professional Engineer, maintaining control
over all its consultants, sub consultants, contractors, or subcontractors. The only contractual
relationship created by this contract is between the City of Nashua and Professional Engineer, and
nothing in this contract shall create any contractual relationship between the City of Nashua and
Professional Engineer's consultants, sub consultants, contractors, or subcontractors. The parties
also agree that Professional Engineer is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Professional Engineer or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

Standard of Care. Professional Engineer shall be responsible for the professional quality, technical
accuracy, timely completion, and coordination of all work performed under this contract.
Professional Engineer warrants that all work shall be performed with the degree of professional
skill, care, diligence, and sound practices and judgment that are normally exercised by recognized
professional firms with respect to services of a similar nature. It shall be the duty of Professional
Engineer to assure at its own expense that all work is technically sound and in conformance with
all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other
requirements. In addition to all other rights which the City of Nashua may have, Professional
Engineer shall, at its own expense and without additional compensation, re-perform work to
correct or revise any deficiencies, omissions, or errors in the work or the product of the work or
which result from Professional Engineer's failure to perform in accordance with this standard of
care. Any approval by the City of Nashua of any products or services furnished or used by
Professional Engineer shall not in any way relieve Professional Engineer of the responsibility for
professional and technical accuracy and adequacy of its work. City of Nashua review, approval,
or acceptance of, or payment for any of Professional Engineer's work under this contract shall not
operate as a waiver of any of the City of Nashua's rights or causes of action under this contract,
and Professional Engineer shall be and remain liable in accordance with the terms of the contract
and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Professional Engineer to perform work under this contract. Approved key personnel shall not be
taken off of the project by Professional Engineer without the prior written approval of the City of
Nashua, except in the event of termination of employment. Professional Engineer shall, if

GC 2 of 12

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS IFB

Address for receipt of official communications: ;
Sunshine Pawn Colporeetia > Roloevt Aus hnel | Pesidaat
24 Conshtubor Vy
Mudion WH 60S)

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.

No

President

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