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« ° PENAL SUM FORM

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address): SUNSHINE PAVING CORPORATION
29 Constitution Drive
Hudson, NH 03051

SURETY (Name, and Address of Principal Place of Business): THE OHIO CASUALTY INSURANCE COMPANY
Agency: P.O. Box 511
Concord, NH 03302-0511

OWNER (Name and Address): CITY OF NASHUA
229 Main Street
Nashua, NH 0306]

BID
Bid Due Date: February 11th, 2021
Description (Project Name— Include Location): 2021 PAVING PROGRAM - RESIDENTIAL ROADWAYS,
NASHUA, NH, IFB0660-021 121]
BOND ©

Bond Number: N/A
Date: February 11th, 2021
Penal sum FIVE PERCENT OF AMOUNT BID $ 5% OF AMOUNT BID
(Words) (Figures)
Surety-and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each
cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER | SURETY |
_~ SUNSHINE-PAVING CORPORATION (Seal) THE OHIO CASUALTY INSURANCE COMPANY. (Seal)
Bidder’s Named e Seal Surety’s Name and Corporate Seal eee
By - MY By ACU De
° Signature’ Signature (Attach Power of Attorney) _
Rover + “Rushne\\ Ryan M. Stevens
Print Name Print Name
| eSidojy f Attorney-In-Fact
Title Title
Attest: he ul | bobs Attest: CWuissaecowc,
ps ure ¢J Signature
O 40 Vnepe— Christine M. Hosmer, Account Manager
Title eo Title

Note: Addresses are to be used for giving any required notice.
Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013,
Prepared by the Engineers Joint Contract Documents Committee.
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Jackson Mills HPP GENERAL CONDITIONS (PART 1)
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1.2.

1.3.

1.4.

1.5.

destruction of or affecting the Party’s premises or those of any of its suppliers or subcontractors;
changes in law, government policy or export license requirements; terrorism; biohazards and civil
commotion; imposition of UN sanctions; any event beyond the reasonable control of either Party; and,
in cases where one Party is dependent on the other to perform an obligation, any act or default of the
other Party that delays the dependent Party’s own performance;

The Contract Documents are complementary and what is required by any one part shall be as binding as
if required by all.

Should there be any conflict or inconsistency in the Contract Documents, the Supplier shall notify the
Purchaser and:

1.3.1. The order of priority and interpretation of documents, from highest to lowest, shall be:
e Change Orders
e Purchase Order
e Agreement (Part 0)
e General Conditions (Part 1)
Mavel’s Proposal (Part 2)
e Field Services Protocol (Part 3)

1.3.2. Drawings of larger scale construction detail plans shall govern over those of smaller scale_general
plans of the same date;

1.3.3. Dimensions shown on Drawings shall govern over dimensions scaled from Drawings; and
1.3.4. Documents prepared at a later date shall govern over earlier documents of the same type.

Reference to standard specifications, manuals or codes of any technical society, organization or
association, or to the code of any governmental authority shall mean the latest standard specification,
manual or code in effect on the date of the Agreement, except as may be otherwise specifically stated.

The apparent generality of the Specifications or the Drawings as to any detail, or the apparent omission
from them of a detailed description concerning any point, shall be regarded as meaning that only the
general practice is to prevail and that only Equipment, and workmanship of the sufficient quality are to
be used.

2. Supplemental Instructions

2.1.

2:2.

2:3.

During the progress of the Work, the Purchaser will furnish to the Supplier such supplemental
instructions necessary to carry out the design concept for the Work. In giving such supplemental
instructions, the Purchaser shall have authority to make minor changes in the Work, not inconsistent
with the intent of the Contract Documents, and the Work shall be executed in conformity therewith.

Supplemental instructions may be in the form of Specifications, drawings, models or written
instructions and shall not result in a change in the Contract Price or the Contract Time unless this results
in a material change in the scope of the Contract. In such case, the change will be determined according
to Articles 17 and 18. The Supplier may make small changes to the design of the Equipment; however
this must not influence the parameters and durability of the Equipment. Supplemental instructions are

not “Change in the Work.”

The Supplier shall work only from Specifications and Drawings approved for construction.

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3.

Drawings, Specifications, Submissions and Record Documents

3.1.

3.2.

3.3.

3.4,

3.5.

3.6.

The Supplier will be provided, without charge, sufficient copies of drawings as are reasonably necessary
for the performance of the Work.

The drawings and other information furnished by the Purchaser shall be used only with respect to the
Work, shall not be used on other work, shall not be copied or revised in any manner, and shall be
returned to the Purchaser, on request, at the completion of the Work.

The Specifications, Drawings, and all samples and other information furnished by the Supplier shall be
used only with respect to the Project, shall not be used on other projects, and shall not be copied or
revised in any manner.

All documents, specifications drawings and other information furnished by the Supplier will be in the
English language.

All Specifications, Drawings and other information related to the Work furnished by the Supplier to any
party in connection with the Contract shall be used solely for the Project

The Purchaser may request the Supplier at any reasonable time to provide copies of the calculations,
Drawings, Specifications, relevant codes, schedules, and other documents, whether finalized or in
preparation for review or comment, and Supplier shall comply forthwith with any such request and any
requirements indicated by the Purchaser as a result of such review or comment.

The Supplier shall submit to the Purchaser for the Purchaser’s review and comment Preliminary Design
and Detailed Design, as described in Part 2: Attachment 1 of the Contract Documents. Purchaser shall
consider such documents and notify the Supplier of either acceptance or the reasons for non-
acceptance of such documents within ten (10) working days of receipt. In the case that drawings must
be resubmitted by Supplier, then the Purchaser must comment or approve the resubmitted drawings
within five (5) days of receipt. In the event of a delay in the acceptance of documents not attributable
to the Supplier, the Contract Times shall be adjusted accordingly by means of a written Change Order. If
the Purchaser does not comment on a submittal drawing within the time periods stated above, the
submittal will be deemed approved. If Parties cannot agree to drawings, then they will decide next
steps and Contract Times shall be adjusted accordingly.

The Supplier shall provide, prior to delivery of the Work, two copies of all specifications, drawings,
samples, models and other information furnished by the Supplier, and operation, installation and
maintenance manuals, samples and models, and those copies should be kept in good order at Project
Site and Purchaser shall record thereon all changes made during installation, testing or commissioning
of the Equipment as they occur.

Supplier’s Personnel

The Supplier shall employ qualified personnel to enable timely and proper execution and completion of
the Equipment. All such Supplier’s personnel shall be competent and qualified by education, training,
and experience and in all other respects capable of carrying out the tasks to which each is assigned.

Equipment

All Equipment supplied by the Supplier shall be new and shail be applied, installed, connected, erected,
stored, used, cleaned, conditioned and maintained by the Purchaser in accordance with the written
instructions of the applicable manufacturer, fabricator, Supplier or distributor, except as otherwise

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provided in the Contract Documents. Workmanship, Equipment, and use of materials shall be of the
quality specified or better. Equipment and materials, which are nat specified shall be of a quality
consistent with those specified and their use acceptable to the Purchaser.

6. Minimum Standards

In the absence of other standards required by the Contract Documents, all Work and Equipment shail
conform to, or exceed, the minimum standards of the European Union standards, CSN, IEC and ISO
international norms.

7. Scheduling and Delays

7.1. The Purchaser shail establish a system for monitoring the planning and scheduling activities of the
Supplier and ali Other Suppliers on the Project utilizing a Project Schedule that will identify the earliest
expected starting and latest completion dates for each major activity. The Purchaser may revise the
Project Schedule from time to time, but the original and all revisions of the Project Schedule shall be
promptly disclosed to the Supplier. Purchaser shall pay Supplier for any direct costs incurred by
Supplier due to material revisions in the Project Schedule.

7.2. Within twenty-one (21) days from the Commencement Date, the Supplier will submit to the Purchaser a
detailed task-by-task outline of Supplier’s Work Schedule for the delivery of Preliminary Design and
Detailed Design, manufacture and shop testing of the Equipment considering the Delivery Schedule as
per Article 6 of the Agreement within the Project Schedule. The Purchaser will review the Supplier's
Work Schedule for general compliance with the Project Schedule and may request adjustments thereto
to arrive at a Supplier’s Work Schedule that will not interfere with or delay the work of Other Suppliers
or other Project activities, however the Delivery Schedule specified in the Article 6 of the Agreement
has to be adhered. This detailed schedule will be called the Work Schedule and will become an integral
part of the Project Schedule.

7.3. If the Supplier is delayed in the performance of the Work by:

7.3.1. an act or omission of the Purchaser, Other Supplier, or anyone employed or engaged by them
contrary to the provisions of the Contract Documents; or

7.3.2. a stop work order issued by a court or other public authority and providing that such order was
not issued as the result of an act or fault of the Supplier or anyone employed or engaged by it
directly or indirectly;

and if such delay, affects the critical path for the Work, then, at the request of the Supplier, the
Contract Times shall be extended for such reasonable time as the Purchaser and the Supplier shall
agree and the Contract Work Schedule and Contract Times will be adjusted accordingly by means
of a written Change Order. Unless agreed to otherwise by Supplier and Purchaser, the adjustment
must be at least the period of the delay.

7.4. Should the Supplier, at any time, be of the opinion that it cannot meet the requirements of the Contract
Work Schedule, the Supplier shall consult with the Purchaser to determine whether the Contract Work
Schedule can be changed without affecting the critical path of the Project Schedule.

7.4.1. If, in the opinion of the Purchaser, changes can be made to the Contract Work Schedule without
affecting the critical path of the Project Schedule, these changes will be made to establish a new
Contract Work Schedule and the Contract Times will be adjusted accordingly.

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7.4.2. If, in the opinion of the Purchaser, the critical path of the Project Schedule will be adversely
affected by delays in completing the Equipment, the Purchaser may request the Supplier to
employ additional labour and equipment or work overtime or employ any other necessary
procedures, at no cost to the Purchaser, to bring the supply of the Equipment back on the
Contract Work Schedule.

8. Suspension of Work

8.1.

8.2.

8.3.

8.4.

8.5.

8.6.

The Supplier has the right to suspend the Work as per Article 8.5 of the Agreement

The Purchaser may, for its convenience or for just and sufficient cause, suspend the Work in whole or in
part at any time by written notice to the Supplier stating the extent and effective date of such
suspension; whereupon the Supplier shall:

8.2.1. except as necessary for the care and preservation of portions of the Work and upon notice of
same to the Purchaser, suspend the Work to the extent specified;

8.2.2. place no further orders or subcontracts relating thereto;

8.2.3. take any action on such orders and subcontracts as may reasonably be required to either obtain
suspension terms satisfactory to the Purchaser or as the Purchaser may direct; and

8.2.4. continue to perform any and all portions of the Work that have not been suspended.

The Purchaser may, at any time, authorize resumption of any suspended work or any part thereof, by
giving the Supplier thirty (30) days written notice specifying the part of the suspended work to be
resumed and the effective date of such resumption. The Supplier shall resume the suspended work on
the date and to the extent specified in the notice of resumption.

The Supplier will be allowed an extension of the Contract Times directly attributable to any delay
resulting from an action taken under Article-3-5; 8.1, 8.2, or 8.3 er 20-5 hereof. The extension of the
Contract Times shall be no less than the period of the suspension, unless otherwise agreed by the
Parties, and documented by means of a written Change Order.

The Supplier will be entitled to an increase in the Contract Price for added expenses directly incurred as
a result of such delays suspensions, unless such delays-suspensions are due to the acts or omissions of
the Supplier. The increase in the Contract Price shall be documented by means of a written Change
Order.

In the event that such suspension or the total of all such suspensions described in Article 8.2 exceeds
more than sixty (60) days, then the Supplier shall provide the Purchaser with the list of all costs incurred
by the Supplier. Upon agreement between the Purchaser and Supplier as to such costs, the Purchaser
shall pay such costs to the Supplier within fourteen (14) days from receipt of the Supplier’s invoice,
unless such suspension is due to the acts or omissions of the Supplier or any Sub-supplier. The Supplier
will continue to submit costs every thirty (30) days as noted above until the work is resumed and the
Purchaser will continue to pay such costs to Supplier.

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8.7.

8.8.

In the event that the Equipment is more than eighty percent (80%) complete or complete and ready to
ship and the suspension or total of all suspensions described in this Article 8 exceeds six (6) months or
Purchaser requests the delay of shipment or is otherwise delayed so that installation, commissioning
and final acceptance exceeds six (6) months from the Delivery Times, and such delay is not solely
caused by the Supplier or any Sub-supplier, then the Purchaser sha!l pay, upon invoice, the remainder
of the Contract Price that has not yet been paid.

In the event that the Equipment is not yet eighty percent (80%} complete and the suspension or the
sum of all suspensions under this Contract as described in this Article 8, exceeds twelve (12) months,
then Supplier will have the right to terminate the Contract and receive compensation as outlined in
Article 9.8 below.

9. Purchaser and Supplier Rights to Perform, Step or Terminate the Work

94.

9.2.

9.3.

9.4.

9.5.

lf the Supplier should be adjudged bankrupt, insolvent or is placed in receivership and such condition
exists for a period of at least sixty (60) days after notice to the Supplier, the Purchaser may, without
prejudice to any other right or remedy it may have, immediately terminate the Contract by giving
written notice to that effect.

If the Supplier neglects to execute a material obligation of the Work, the Purchaser may notify the
Supplier in writing that the Supplier is in default of its contractual obligations and instruct the Supplier
to correct the default in the thirty (30) days immediately following the receipt of such notice.

If the correction of the default identified according to Article 9.2 cannot be completed in the time
specified, the Supplier shall be in compliance with the Purchaser's instructions if it:

9.3.1. commences the correction of the default within the specified time, and
9.3.2. provides the Purchaser with a reasonably acceptable schedule for such correction, and
9.3.3. completes the correction in accordance with such schedule.

if the Supplier fails to correct the default in the time specified or is not in compliance with the
Purchaser’s instructions as described in Article 9.3 above, or subsequently agreed upon, the Purchaser
may, without prejudice to any other right or remedy it may have, on further written notice to the
Supplier:

9.4.1. correct such default and deduct the direct cost thereof from any payment then or thereafter due
to the Supplier;

9.4.2. terminate the Supplier's right to continue the Work in whole or in part; or
9.4.3. terminate the Contract.

if the Purchaser terminates the Supplier's right to continue with the Work or any part thereof as
provided in this Article 9, the Purchaser shall be entitled to:

9.5.1. take possession of the Work and Equipment and finish the Work or such part thereof by whatever
method the Purchaser may consider expedient but without undue delay or expense;

9.5.2. withhold further payments to the Supplier until the Work or such part thereof is completed;

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10.

9.6.

9.7.

9.8.

9.5.3. charge the Supplier the amount by which the full cost of finishing the Work as certified by invoice
and other documents exceeds the Contract Price; and

9.5.4. The Purchaser will pay to the Supplier the difference between the value of the Work and
Equipment which have been taken by the Purchaser pursuant to Section 9.5.1 and the amounts
already paid to the Supplier, if any.

If the Equipment has net been delivered to the Project Site, and the cost to complete the Work exceeds
the difference between the Contract Price and the amount already paid to the Supplier, the Supplier
must pay the Purchaser reasonable extra costs.

if the Purchaser should be adjudged bankrupt, insolvent or is in receivership, the Supplier may, without
prejudice to any other right or remedy it may have, immediately terminate the Contract by giving the
written notice to that effect.

H the Purchaser neglects to fulfil the material obligations properly or otherwise fails to comply with the
material requirements of the Contract Documents, the Supplier may, without prejudice, notify the
Purchaser in writing that the Purchaser is in default of its contractual obligations and instruct the
Purchaser to correct the default in the thirty (30) days immediately following the receipt of such notice.
Except in the case of the default in any payment by the Purchaser, if the correction of the default
identified by the Supplier cannot be completed in the time specified, the Purchaser shall be in
compliance with the Supplier’s instructions if it: commences the correction of the default within the
specified time and continues correcting until the default is corrected.

If the Purchaser fails to correct the default, and if the Purchaser’s default materially prejudices the
Supplier, then the Supplier may without prejudice to any other right or remedy it may have, on further
written notice to the Purchaser, either correct such default and invoice the cost thereof to the
Purchaser or terminate the Contract.

Should the Supplier terminate the Contract due to Article 9.7 or Article 8 above, the Supplier will invoice
and Purchaser will be obligated to pay all remaining amounts due of the Contract Price for Work
performed and completed prior to the date of termination as well as any direct cost, liquidated
damages and/or losses incurred or which may be incurred from entering into or termination of
Contract. The Supplier, upon receiving the full amounts as per this Article from the Purchaser, shall
deliver to Purchaser all portions of the Work and Equipment completed or available at the time of
termination.

Sub-suppliers and Suppliers

10.1.

10.2.

10.3.

10.4.

Unless otherwise agreed to by the Purchaser in writing, the Supplier shall! utilize only those Sub-
suppliers listed in Part 2 of the Contract Documents. If included in the list, then the Supplier may utilize
any Sub-supplier at its own discretion.

The Purchaser may, for reasonable cause, object to the use of a Sub-supplier and require the Supplier to
provide an alternate Sub-supplier suitable to the Purchaser.

In the event that the Purchaser requires a change in a Sub-supplier, the Contract Price shall be adjusted
by the difference in cost plus a mark-up of ten percent (10%) to cover the Supplier’s overhead cost,
occasioned by such a change, if any.

The Supplier shall not be required to employ as a Sub-supplier a person or firm to whom it may
reasonably object.

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Mavel Americas, Inc.

approved budget. Specifically, Professional Engineer agrees to provide the following with each
request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number,
a listing of personnel hours and billing rates, and other expenditures for which payment is
sought.

2. A progress report. The report shall include, for each monthly reporting period, a
description of the work accomplished, problems experienced, upcoming work, any extra
work carried out, and a schedule showing actual expenditures billed for the period,
cumulative total expenditures billed and paid to date under the contract, and a comparison
of cumulative total expenditures billed and paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Professional Engineer. The City
of Nashua will pay Professional Engineer within 30 days of approval by the City of Nashua of the
submitted invoice forms and progress reports. The City of Nashua will make no payments until
the invoice forms and progress reports have been submitted and approved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until executed by
the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this
contract shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States
mail, postage prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: PROFESSIONAL ENGINEER REPRESENTATIVE:

Tim Cummings Nathaniel Fanning
Director of Economic Development Energy & Infrastructure
P: 603.589.3072 P: 781.285.2300 / E:nfanning@f-t.com

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed
to be given to and received by the addressee thereof on the third business day after being deposited
in the mail. The City of Nashua or Professional Engineer may change the address or representative
by giving written notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be
legally bound thereby.

City of Nashua, NH (signature) (signature)

James W.Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

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10.5. The Supplier shall:

10.5.1.be as fully responsible to the Purchaser for acts and omissions of Sub-suppliers and of persons
directly or indirectly employed by them as for acts and omissions of persons directly employed by
the Supplier.

10.5.2.be entitled and authorized to change, subject to Purchaser's reasonable approval, Sub-suppliers
during implementation of the Work.

10.6. Nothing contained in the Contract Documents shall create a contractual relationship between a Sub-
supplier, or anyone employed or engaged by them directly or indirectly, and the Purchaser and no Sub-
supplier is intended to be or shall be deemed a third party beneficiary of this Contract.

10.7, The Purchaser shall not be entitled to negotiate or seek information directly with the Sub-suppliers
without prior written consent of the Supplier.

11. Not Used
12. Contract Price

The Contract Price, as adjusted by Change Orders, shall be accepted by the Supplier as full
compensation for everything furnished and done by the Supplier under the Contract except as
otherwise stipulated in the Contract.

13. Taxes and Duties
13.1. Unless otherwise stated in the Contract Documents, the Supplier shall be responsible for payment of:

13.1.1,taxes, limited to Supplier license and registration fees and the Supplier's income, profit, franchise,
business, and personal property taxes, in the country of the Supplier; and

13.1.2.all employment taxes and contributions imposed by law or required to be paid on behalf of the
employees of the Supplier in the country of the Supplier.

13.1.3. all US and foreign export and import duties and other fees as indicated in DDP INCOTERMS 2010,

13.2. The Supplier will not be responsible for any sales and other New ¥erk-Hampshire State taxes with
respect to any, materials and Equipment supplied by the Suppiier as part of the Work, except fees and
taxes due as required under the Delivery Terms DDP Project Site as may be applicable to the transport
of the equipment to the Project Site.

13.3. The Purchaser will be responsible for any and all governmentai assessments and taxes, property taxes,
excise taxes, Inventory taxes and license fees related to the Work in the state and country of the Project
Site.

13.4. In the event that any tax, duty, assessment, fee, charge, levies, etc. are imposed on the Supplier
covered under Article 13.2 or 13.3, the Purchaser obliges to reimburse such cost to the Supplier within
fourteen (14) days from the date of issue of the Supplier's invoice for the same.

13.5. Where an exemption of government sales, taxes or excise taxes is applicable to the Contract, the
Supplier is required to file claims for, or cooperate fully with the Purchaser and the proper authorities in
seeking to obtain such refunds for the benefit of the Purchaser.

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14.

16.

16.

17.

Permits, Royalties, Laws and Rules

14.1.

14.2.

14.3.

The Supplier shall comply with, and shall ensure that its employees and agents comply with, all
applicable laws in connection with the Work.

The Supplier shall obtain from governmental authorities or other third parties, and pay for those
licenses, permits and approvals required by law or by the Contract Documents for its direct portion of
the Work only.

Purchaser shail obtain from all governmental authorities all other licenses, permits and approvals
required by law of by the Contract Documents related to the Work.

Applications for Payment - Invoicing

15.1.

15.2.

15.3.

15.4.

Article 8.1. of the Agreement which sets forth the Milestone Schedule shall be used as the basis for
invoicing.

Invoices shall be submitted fallowing completion of the milestones set out in the Milestone Payment
Schedule and shall be for the payment amount, set forth as a percentage of the Contract Price, set out
in the Milestone Payment Schedule. The due date for payment of the invoice shall be thirty (30) days of
the date of Purchaser’s receipt of the Supplier's invoice.

When preparing an invoice for payment, the Supplier shall submit a statement based upon the
Milestone Payment Schedule. Receipts, photographs or other declarations may accompany such
applications to evidence stages of completion.

All claims for Changes in the Work must meet the requirements of Articles 17 and 18 hereof and must
be attached to the invoice and submitted to the Purchaser for certification.

Payments

16.1.

16.2,

The Purchaser shall make payments to the Supplier according to the terms in Article 8 of the Agreement.

Except as expressly stipulated in the Contract any deduction or set off is not permitted without prior
consent of the Supplier.

Changes in the Work

17.1.

17.2.

17.3.

17.4.

The Purchaser, without invalidating the Contract, may propose changes to the Work (“Change in the
Work”}. Such adjustments, however, may be made only in strict conformity with this Article 17 and the
following Article 18 hereof.

Changes in the Work may be made only by a Change Order and no claim for Change in the Work shall
be valid unless so ordered and at the same time and valued as provided in Article 18 hereof.

When a Change in the Work is proposed, the Supplier shall submit to the Purchaser the Supplier's claim
for an adjustment to the Contract Price and/or the Contract Time or Performance Guarantee, if any,
with appropriate documentation within twenty one (21) days of receipt of such proposed Change in the
Work.

When the Purchaser and Supplier agree to the adjustments in Contract Price, Contract Time or
Performance Guarantee attributable to a Change in the Work and calculated in accordance with Article
17, such agreement shall be recorded as a Change Order, which must be signed by both Purchaser and

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Mavei Americas, Inc.