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

ARTICLE 20 RETAINAGE

20.01 Provisions concerning retainage and Contractors’ rights to deposit securities in lieu of retainage
are set forth in the Contract Agreement, Article 6.02 Progress Payments; Retainage.

ARTICLE 21 APPEAL BY BIDDERS

21.01 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 Purchasing Manager within five (5) workdays

after the bid opening.
B. Describe, in the written protest, the issues to be addresses on appeal.
Cc. 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 determmation 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 fmal decision
on the protest.

21.02 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.

21.03 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.

21.04 OWNER is not Hable 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

SCHEDULE OF VALUES
BID BOND
CONTRACTOR’S QUALIFICATIONS

BID FORM

PROJECT IDENTIFICATION: 2020 SIDEWALK PROGRAM

CONTRACT IDENTIFICATION AND NUMBER:__JFB0851-032720

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.

Bid Form

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

Addendum ne | Addendum Date /2@rt4 70 Zoto
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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.

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.

BIDDER has obtained and carefully studied (or assumes responsibility for having done
$0) 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 1 of 7

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 Documenis, 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. .

L 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:

hitp://gencourt.state.nh.us/rsa/himl/indexes/default. html

6.01 BIDDER will complete the Work in accordance with the Contract Documents for the following
prices:

SEE ATTACHED SCHEDULE OF VALUES

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 Documenis.

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 7
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. Schedule of Values;

Cc. Bid Bond;

D. A tabulation of Subcontractors, Suppliers and other individuals and entities required to be

identified in this Bid; and

E. 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)

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Co ry“ ZIZ'
Nosghie. NW oat {

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 Kise @ ter Ga seF
Name of Individual KdenctT Cheon 0.90
Title b Wit :
Address Pp Bor 37Zl

N aghnva wih 0306 |
Telephone GO 3 TS 5087)
Submitted to:
Name Cisy af UASHA
Address eg Ab oy VV A pn ST

Weshve ps OF2D

BF 3 of 7
Bid Forn

Telephone

SUBMITTED on SSIS Z072d 20
If BIDDER is: ,

An Individual

Name (typed or printed): Re\oert Chrern 2 BR rs

By: f (SEAL)
(individual's Signature)
Doing business as: Rr Wl. ewrTrer DASE z

Business address: FO BOK BSItl Neshla Ml a3nG!
Fyneal: RiICEXEDA Gmali. don

Phone No.: 602% 265 6089 Fax No.:
A. Parmership
Partnership Name: (SEAL)

Bid Form

Date and State of Organization.

Names of Current General Partners
Name Title

Type of Partnership
[] General [| Publicly Traded
[| Limited ["] Other (describe):

By:
(Signature of General Parmer ~ attach evidence of authority to sign)
Name (typed or printed):
Business address:
Phone No.: Fax No.:

BF 4 of7

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

Jomt 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 7

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).

BF 6 of 7
Bid Form

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
A\W ork 1.) Hevse

BF 7 of 7
Bid Form

SmartShopper Services Agreement

This SmartShopper Services Agreement (“Agreement”) is dated January 15, 2022 and is between MDX
Medical Inc. d/b/a Sapphire Digital, a Delaware Corporation, located at 160 Chubb Avenue, Lyndhurst,
Suite 301, New Jersey 07071 (“Sapphire Digital”) and the City of Nashua, located at 229 Main Street
Nashua, New Hampshire 03060 (“Customer”). Sapphire Digital and Customer are each referred to herein
as a “Party” and collectively as the Parties.

The Customer provides an incentive benefit program to public sector employers who are enrolled on the
Customer’s Medical benefit plans. Sapphire Digital is in the business of offering cost savings services
with respect to employer group health plans.

The Customer wishes to engage Sapphire Digital as an independent contractor to provide the SmartShopper
Program and associated services as described in “Attachment A”.

1. Term. This Agreement shall become effective on July 1, 2022 (“Effective Date”) and shall
continue for a period of one (1) year (“Initial Term”). Initial Term means the term beginning July
1, 2022 and extending to saved shopping transactions in the Sapphire Digital system ending on
June 30, 2023. There will be a 6 month wind-down period of claims run out for the calculation and
invoicing of fees generated during the wind-down period, and for the determination of incentives
through September 30, 2023. Subsequent to the Initial Term, the Agreement shall only renew upon
the mutual written agreement of the Parties (each a “Renewal Term”).

2. Definitions. For purposes of this Agreement, the following definitions apply:

a.

“Member” means any Customer employee or dependent of that employee’s family that is
insured through the Customer’s self-funded health benefit program and has access to the
SmartShopper Program.

"SmartShopper Program" or "Program" means a program aimed to reduce medical plan
claim costs by providing incentives to covered employees and their dependents that utilize
Cost-Effective Providers.

Cost-Effective Provider” means a provider that has been identified through the
SmartShopper Program who a Member may utilize and thereby qualify for an Incentive
Reward Payment.

“Incentive Fund” means an account held by Sapphire Digital and funded by the Customer
for the use by Sapphire Digital in providing Incentive Reward Payments to Members when
care is received at a Cost-Effective Provider.

“Incentive Reward Payment” means a payment sent to the Member by Sapphire Digital
written out of the Incentive Fund. Checks for Members under the age of 18 will be made
payable to and mailed to the subscriber.

3. Customer Expectations.

a.

Customer and Sapphire Digital shall mutually agree in writing to a Member engagement

plan (“Engagement Plan’) which shall be based in part on the claim’s history of the Customer.
Sapphire Digital shall notify the Customer of any changes affecting the Customer' obligations
under the Engagement Plan mutually agreed to pursuant to this Agreement at least thirty (30)