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Part D: Experience and Qualifications

References: include at least 3 professional references (business name, contact, email address & phone number).
References may be contacted as part of our preliminary bid review to assist project committee in assessing Vendor
qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

City Projects: Provide a list of project awards Vendor has received from the City of Nashua in the past 5 years.
Please include project detail, City department and City project lead.

BID GUARANTEE: Attached here is a bid guarantee in the form of a_ Penal Bid Form in the amount of
5% (five percent) of the Total Base Bid Amount.

\f notice of acceptance of this proposal is given to the undersigned within 30 days after the date of opening of
proposals, or any time thereafter before this proposal is withdrawn, the undersigned will execute and deliver a
contract in the prescribed form within 10 days after the contract has been presented to him for signature.

Either the undersigned or one of the following individuals, if any, is authorized to modify this proposal prior to the
deadline for receipt of proposals by writing the modification and signing his name on the face of the proposal, on
the envelope in which it is enclosed, on a separate document, or on a document which is faxed to the City or by

sending the City’s representative/an e-mail message:

A Dean King CEO a —f_ ; OZ 4
) eh Te i ("2 Me.

Bid Form -8 of 14

10,

11.

Construction Contractor’s
Qualification Statement

On Schedule A-1, attached list major engineered construction projects completed by this organization in
the past five (5) years. (If joint venture, list each participant’s projects separately).

On Schedule A-2, attached, list current projects under construction by this organization, (If joint venture,
list each participant’s projects separately).

Name of Surety Company and name, address, and phone number of agent
Everest Reinsurance Co

Mike Regan, Cross Agency, 401 Edgewater Pl. Wakefield, MA UI880
508.259.5795

Is your organization a member of a controlled group of corporations as defined in |.R.C. Sec 1563:
Dyes CANo
If yes, show names and addresses of affiliated companies.

Furnish on Schedule A-3., attached, details of the construction experience of the principal individuals of
your organization directly involved in construction operations.

Has your organization ever failed to complete any construction contract awarded to it?
OVYes CANo
If yes, describe circumstances and provide details on attachment

Has any Corporate officer, partner, joint venture participant or proprietor ever failed to complete a
construction contract awarded to him or her in their own name or when acting as a principal of another
organization?

OYes XINo

If yes, describe circumstances and provide details on attachment

In the last five years, has your organization ever failed to substantially complete a project in a timely
manner?

Dyes CXNo
If yes, describe circumstances and provide details on attachment

Does your organization now have any legal suites or arbitration claims pending or outstanding against it
or any officers?

OYes INo

If yes, describe circumstances and provide details on attachment

Has your organization had a contract partially or completely terminated for default (cause) within the
past five years?

OYes Wo

If yes, describe circumstances and provide details on attachment

List the licensed categories of work that your company normally performs with its own workforce

Bid Form —9 of 14

BID BOND
PENAL SUM FORM

BIDDER (Name and Address):

D.L. King & Associates, Inc. 27 Tanglewood Drive Nashua, NH 03062

SURETY (Name and Address of Principal Place of Business):
Everest Reinsurance Company 477 Martinsville Road Liberty Corner, NJ 07938

OWNER (Name and Address):

City of Nashua 229 Main Street, Nashua, NH 03061

BID
BID DUE DATE:.04/09/2021
PROJECT (Brief Description Including Location):

Nashua Transit Center Retrofit, 30 Elm Street, Nashua, NH 03061

BOND
BOND NUMBER: N/A
DATE: (Not later than Bid Due Date): 04/09/2021
PENAL SUM: _5% of the attached bid dollars

(Words) (Figures)

IN WITNESS WHEREOF, Surety and Bidder, Intending to be legally bound hereby, subject to
the terms printed on the reverse side hereof, do each cause the Bid Bond to be duly executed
on its behalf by its authorized officer, agent, or representative.

BIDDER SURETY
D.L. King & Associates, Inc. (Seal) Everest Reinsurance Company (Seal)
~~ Bidders Name and Corporate Seal Surety’s Name and Corporate Seal
~ an LC4. a x Oe «
By: La AT OO By: wt. S hig
Signature and Title Signature and Title

Attach Power of Attorney)

i x Stephen P. Gill, Attorney-in-Fact
Attest: +277 A Ro hte Attest: Account Manager
Signature and Title Sig nd Tit

Note: (1) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where
applicable.

BB - 1 of 2

ft

Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors,
administrators, successors, and assigns to pay
to OWNER upon default of Bidder the penal
sum set forth on the face of this Bond.

Default of Bidder shall occur upon the failure of
Bidder to deliver within the time required by the
Bidding Documents (or any extension thereof
agreed to in writing by OWNER) the executed
Agreement required by the Bidding Documents
and any performance and payment bonds
required by the Bidding Documents and
Contract Documents.

This obligation shall be null and void if:

3.1. OWNER accepts Bidder’s bid and Bidder
delivers within the time required by the
Bidding Documents (or any extension
thereof agreed to in writing by OWNER)
the executed Agreement required by the
Bidding Documents and any performance
and payment bonds required by the
Bidding Documents and Contract
Documents, or

3.2 All bids are rejected by OWNER, or

3.3 OWNER fails to issue a notice of award to
Bidder within the time specified in the
Bidding Documents (or any extension
thereof agreed to in writing by Bidder and,
if applicable, consented to by Surety when
required by paragraph 5 hereof).

Payment under this bond will be due and
payable upon default by Bidder and Within 30
calendar days after receipt by Bidder and
Surety of written notice of default from
OWNER, which notice will be given with
reasonable promptness, identifying this Bond
and the Project and including a statement of
the amount due.

Surety waives notice of and any and all
defenses based on or arising out of any time
extension to issue notice of award agreed to in
writing by OWNER and Bidder, provided that
the time for issuing Notice of Award including
extensions shall not in the aggregate exceed
120 days from Bid Due Date without Surety’s
written consent.

No suit or action shall be commenced under
this Bond prior to 30 calendar days after the

BB - 2 of 2

10.

11,

notice of default required in paragraph 4 above
is received by Bidder and Surety, and in no
case later than one year after Bid due date.

Any suit or action under this Bond shall be
commenced only in a court of competent
jurisdiction located in the state in which the
Project is located.

Notice required hereunder shall be in writing
and sent to Bidder and Surety at their
respective addresses shown on the face of this
Bond. Such notices may be sent by personal
delivery, commercial courier or by United
States Registered or Certified Mail, return
receipt requested, postage pre-paid, and shall
be deemed to be effective upon receipt by the
party concerned.

Surety shall cause to be attached to this Bond
a current and effective Power of Attorney
evidencing the authority of the officer, agent or
representative who executed this Bond on
behalf of Surety to execute, seal and deliver
such Bond and bind the Surety thereby.

This Bond is intended to conform to all
applicable statutory requirements. Any
applicable requirement of any applicable
statute that has been omitted from this Bond
shall be deemed to be included herein as if set
forth at length. If any provision of the Bond
conflicts with any applicable provision of any
applicable statute, then the provision of said
statute shall govern and the remainder of this
Bond that is not in conflict therewith shall
continue in full force and effect.

The term “Bid” as used herein includes a Bid,
offer or proposal as applicable.

~

ZVERESN
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE

KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
(“Company”) having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute, and appoint:

Michael J. Regan, Vincent Thorne, Stephen P. Gill, Laurence R. Hall, Robert Sennott

its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed,
where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed
UNLIMITED, reserving for itself the full power of substitution and revocation.

Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.

This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company (“Board”) on the 28th day of July 2016:

RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co-surety and attach thereto the corporate seal of the Company.

RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on
behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of
the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto
the corporate seal of the Company.

RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.

IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to
be signed by their duly authorized officers this 28th day of July 2016.

Everest Reinsurance Company

Mihose Cn

Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President

On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above
instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto; and that he executed said instrument by like order.

LINDA ROBINS J)

Notary Public, State of New York Y =

No 01R06239736 / v by / )
Qualified in Queens County U/ a |

Term Expires April 25, 2023

Linda Robins, Notary Public

IN WITNESS WHEREOF, | have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 9th day
of April 2021.

ES 00 01 04 16

DAVIS-BACON WAGE RATES

"General Decision Number: NH20210@12 91/01/2021
Superseded General Decision Number: NH2@200012
State: New Hampshire
Construction Type: Highway
County: Hillsborough County in New Hampshire.

HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects & railroad construction;
bascule, suspension & spandrel arch bridges designed for
commercial navigation, bridges involving marine construction;
and other major bridges).

Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.95 for calendar year 2021 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.95 per hour (or the applicable

wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2021. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,

if it is higher than the conformed wage rate). The EO minimum
wage rate will be adjusted annually. Please note that

this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject

to the Davis-Bacon Act itself, but it does not apply

to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date
8 61/01/2021

* SUNH2011-028 98/15/2011

Rates Fringes
CARPENTER (Excluding Form
0) 61 @ $ 24.27 1.06
CARPENTER (Form Work Only)....... $ 19.93 1.06
ELECTRICIAN. .......... 02s eee eee $ 23.22 2.78

INSTALLER: Guardrail............. $ 26.50 6.30

TRONWORKER, REINFORCING.......... $ 20.18 @.00

ITRONWORKER, STRUCTURAL........... $ 34.45 17.20
LABORER: Blaster Rock........... $ 29.50 11.21
LABORER: Common or General...... $§ 16.99 2.60
LABORER: Flagger..........-+.06. $ 11.79 1.37
LABORER: Highway/Parking Lot

Striping... .. cc. cece eee eee eee $ 17.95 8.00
LABORER: Landscape.............. § 14.420 8.00
LABORER: Pipelayer.............. $ 17.63 2.72
OPERATOR: Auger...........-2e00- $ 26.07 0.00
OPERATOR: Backhoe............46. $ 27.05 7.95
OPERATOR: Bobcat/Skid

Steer/Skid Loader............000e $§ 19.25 8.00
OPERATOR: Bucket..........--.08. $ 25.19 0.00
OPERATOR: Bulldozer............. $ 25.39 5.89
OPERATOR: Crane.............+62- $ 23.37 2.21
OPERATOR: Drill Rig Caissons....$ 33.46 19.78
OPERATOR: Excavator..........ee08- $ 24.98 6.56
OPERATOR: Grader/Blade.......... $ 25.75 6.00
OPERATOR: Loader..........+-e08. $ 25.40 7.51
OPERATOR: Mechanic.............. $ 25.12 3.44
OPERATOR: Oiler...........--008. $ 29.54 16.15
OPERATOR: Paver (Asphalt,

Aggregate, and Concrete)......... $ 28.88 17.05
OPERATOR: Roller...............4. $ 25.23 9.69
OPERATOR: Post Driver/Pounder....$ 23.16 6.32

TRUCK DRIVER, Includes all
axles including Dump Trucks
(Excludes Low Bed Trucks)........ $ 17.42 3.37

WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any

solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 3@ hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ““identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM@198-@@5 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 9198. The next number,
@@5 in the example, is an internal number used in processing
the wage determination. @7/@1/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.

Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2@12-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which

these classifications and rates are based. The next number, 907
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a
new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-9018
Q8/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 9010 in
the example, is an internal number used in producing the wage
determination. 98/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:

* an existing published wage determination

* a survey underlying a wage determination

a Wage and Hour Division letter setting forth a position on
a wage determination matter

a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.

With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations
Wage and Hour Division

U.S. Department of Labor

20@ Constitution Avenue, N.W.

Washington, DC 28210

2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator
U.S. Department of Labor