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12.02

and Contract Price will be determined in accordance with paragraph 11.03 of the General
Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be
resolved in favor of the unit prices. Discrepancies between the indicated sum of any
column of figures and the correct sum thereof will be resolved in favor of the correct
sum. Discrepancies between words and figures will be resolved in favor of the words.

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.

ARTICLE 13 SUBMITTAL OF BID

13.01

13.02

The City of Nashua website provides a copy of the Bidding Documents, applicable drawings or
specifications, and a sample contract for execution, Each prospective Bidder must complete
and submit a submission package of documents that includes:

® Bid Form in its entirety, Pages BF-1 thru BP-7,

* Bid Schedule of Values;

° Bid Bond;

* Construction Contractor’s Qualification Statement; and
° Signed cover page of each OWNER issued Addendum .

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. Ifa 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, c/o Central Purchasing, 229 Main Street, Room 11 ~ Basement Floor, Nashua, NH,
03061.

ARTICLE 14. MODIFICATION AND WITHDRAWAL OF BID

14.01

14.02

A Bid may be modified or withdrawn by an appropriate document duly executed in the manner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.

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.

ARTICLE 15 OPENING OF BIDS

15.01

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.

IB-5o0f7

\ “| Tet.Vue CORPORATION Quote#: Q-017253
| 16000 Horizon Way, Suite 100 Quote Issued: 6/23/2022
c'> Mt. LAuREL, NU O8054 Quote Expiration: 7/23/2022

TelVue Quotation — Confidential

TelVue Contact Information

Prepared for:

Pete Johnson

Nashua Community TV

Education Channel Access Administrator
johnson.pete@nashuanh.gov

(603) 589-3158

Ship to address:

Nashua Cable TV 11 Riverside Street
Nashua, NH 03062

USA

Prepared by:

Dan Joworisak

TelVue Corporation

Email: djoworisak@telvue.com
Phone: (800) 885-8886

Fax: (856) 866-7411

Please use Fax No. to submit signed quote, or email
orders@telvue.com

Special Terms

and shipping information above.

*Prior to signing the quote in indication of your acceptance as a purchase order, please confirm the billing contact information

*If you have any questions please contact your TelVue contact (identified above).

Customer Acceptance

Printed Name:

This quote is good for 30 days from date of issue or until any expiration date stated in the special terms field.

By signing below, customer accepts quote as purchase order on the above terms:

Signature:

Title:

Date:

Thank you for your business. The following page contains a quote for TelVue products and services.

www.telvue.com | 16000 Horizon Way, Suite 100. Mt. Laurel, NJ 08054 | Phone: 1-(800)-885-8886 | Email: sales@telvue.com

ARTICLE 16 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

16.01 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.

ARTICLE17 AWARD OF CONTRACT

17.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming,
nonresponsive, unbalanced or conditional Bids. OWNER further reserves the right 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.

17.02 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.

17.03 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.

17.04 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..

17.05 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.

17.06 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 18 CONTRACT SECURITY

18.01 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 19 = SIGNING OF AGREEMENT

19.01 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.

IB- 6 of 7

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.

ARTICLE21 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 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
appeliant’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.

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 retumed 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 liable for any costs, expenses, attorney’s fees, loss of income, or other damages
sustained by the appellant in a bid process.

IB- 7 of7

DIVISION 3

SCHEDULE OF VALUES
BID BOND
-ACTOR’S QUALIFICATIONS

BID FoRM

PROJECT IDENTIFICATION: 2020 SIDEWALK PROGRAM
CONTRACT IDENTIFICATION AND NUMBER:__T¥'B0851-032620

THIS BID IS SUBMITTED To: City of Nashua
Central Purchasing
229 Main Street, City Hall
Room 11 — Basement Floor
Nashua, NH 03061

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.

2,0: BIDDER accepts ail 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 atter 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, BEODER 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
4 March 16, 2020
2 —__ April 8, 2020.
3 May 1, 2020
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
sQ) 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 I of 7
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 oblained from visits to the Site, reports and drawings identified in the
Bidding Documents, and al! additional examinations, investigations, explorations, tests,
studies, and data with the Bidding Documents.

H. BIDDER has given ENGINEER written notice of ali conflicts, errors, ambiguities, or
discrepancies that BIDDER has discovered in the Bidding Documents, and the written

resolution thereof by ENGINEER is acceptable to BIDDER.

1 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 BEDDER 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.oh.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 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 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 7
Bid Form

7.02 BIDDER accepts the provisions of the Agreement for liquidate damages in the event of failure to
complete the Work within the times specified in the Agreement.

8.01 The following documenis are attached to and made a condition of this Bid:
A. Bid Form, in its entirety, Pages BF-f thru BF-7;
B Bid Schedule of Values;
C. Bid Bond; and
D Construction Contractor's Qualification Statement.

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

Sealcoating, Inc d/b/a indus

825 Granite Street
Braintree, MA 02184

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 _Sealcoating, Inc d/b/a indus
Name of Individual Richard b.. Goodick
Title Vice President
Address 825 Granite Street

Braintree, MA 02784
Telephone 781-428-3400

Submitted to:
City of Nashua c/o Central Purchasing

Name
Address 229 Main Street
Room 11-Basement Floor
Nashua, NH 03064
Telephone 603-589-3330
SUBMITTED on___M@y_}95 20 20
BF 3 of 7

Bid Form

A Corporation

Corporation Name: Sealcoating, inc. d/b/a indus (SEAL)

Date and State of Incorporation: December 6, 1957, Massachusetts

List of Executive Officers

Name Tithe
Elizabeth Wuori President
Richard L. Goodick Vice President
April Durant Clerk/Secretary
Service

a (General Lar Uecoton Professional, Service, Limited Liability):

Sdacotin ‘e -- attach evidence of authority to sign)

Name (typed or printed): Richard L. Goodick

Title: Vice President (Corporate Seal}
Attest: wi wae Loom
oT fgnatureof Corporate Secretary)
Business Address: __825 Granite Street
Braintree, MA 02184
Phone No.: 781-428-3400 Fax No.: 781-428-3430
Date of Qualification to do business is__ December 8, 1957
A Joint Venture
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 *)

BE 5 of 7
Bid Form

roads. bridges. airports.

Certificate of Corporate Vote

At a meeting of the Board of Directors of SEALCOATING, INC. DBA INDUS held on January 23, 2020, at which all
the Directors were present or waived notice, it was

VOTED: That Elizabeth Wuori, President of this Company and Richard L. Geodick, Vice President of this
Company, be and he hereby are authorized to execute bids, contracts and bonds in the name and behalf of said
Company, and affix its corporate seal thereto; and such execution of any contract or obligation in this company’s
name on its behalf by such President and Vice President, under seal of the Company, shall be valid and binding
upon this Company.

A true copy
ATTEST: CL.
Clerk
Place of business: Braintree, MA

Date of this contract: _ April 10, 2020

{ hereby certify that fam the clerk of SEALCOATING, INC. DBA INDUS that Elizabeth Wuori and Richard L.
Goodick are respectively the duly elected President and Vice President of said Company, and that the above
vote has not been amended or rescinded and remains in full force and affect as of this date.

Les

( Li Wet
April Durant, Clerk