1-IFB0265-050726-2026-BID PACKAGE-Pavement Preservation Program.pdf

Table of Contents Page 1 of 1

TABLE OF CONTENTS

DIVISIONS

INVITATION TO BID…………………………………………………………………………………………….…..

1. BID FORM

SCHEDULE OF VALUES

BID BOND

CONSTRUCTION CONTRACTORS QUALIFICATION STATEMENT

NON-COLLUSION AFFIDAVIT…………………………………………………………………………………..

2. PAYMENT BOND

PERFORMANCE BOND

CERTIFICATE OF LIABILTY INSURANCE

3. CONTRACT AGREEMENT

4. GENERAL CONDITIONS

5. SUPPLEMENTARY CONDITIONS/PROSECUTION OF WORK

6. LIST OF ROADWAYS

MAP OF ROADWAYS

7. EXHIBITS

A. NOTICE OF AWARD

B. NOTICE TO PROCEED

C. CHANGE ORDER

D. CERTIFICATE OF SUBSTANTIAL COMPLETION

E. CERTIFICATE OF FINAL COMPLETION

F. CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN

8. TECHNICAL SPECIFICATIONS

IFB0265-050726 - 2026 Pavement Preservation Program

229 Main Street • Nashua, New Hampshire 03060 • Phone (603) 589-3330 • Fax (603) 589-3233

April 14, 2026

INVITATION TO BID

2026 PAVEMENT PRESERVATION PROGRAM

IFB0265-050726

The City of Nashua, NH, herein referred to as “the City”, is seeking proposals from qualified vendors for the 2026 Pavement Preservation Program. The project contract work is located in various locations throughout the City of Nashua and consists of pavement treatments for crack sealing and micro-surfacing.

Project will begin once a written “Notice to Proceed” is issued.

Completion times for the project will be as follows:

Substantial Completion should be by October 15, 2026.

Final Completion should be by November 15, 2026.

Liquidated damages of $520 for each calendar day will be assessed for delays beyond the established dates for substantial completion and final completion.

The City of Nashua reserves the right to substitute work of similar nature or to add additional work subject to the contract amendment process.

The City, through the Mayor, who is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; to award contracts or to cancel this request if in the City’s best interest.

INFORMATION FOR BIDDERS:

The City is now accepting submittals electronically via Bonfire. Please review the electronic documents linked here, Bonfire Vendor Registration and Bonfire Vendor Submission for more information. We strongly recommend that you give yourself sufficient time and at least one (1) business day before due date to begin the uploading process and finalize your submission. Copies are also available on the City’s website in the Purchasing section within the Bids section.

If a Bidder chooses to submit their bid outside of Bonfire, the following are alternate options:

Paper: Submit one (1) digital copy on a USB drive in sealed envelope(s) or package(s) clearly marked "IFB0265- 050726”. Bids must be submitted in the format provided and address the item(s) specified in the IFB package.

Regardless of the method of submission, proposals must be received no later than Thursday, May 7, 2026 at 2:00 PM in the Purchasing Department; City Hall, 229 Main Street, Nashua NH 03061. Postmarks or other timestamps will not be accepted

Administrative Services

Purchasing Department https://www.nashuanh.gov/DocumentCenter/View/28837/Bonfire-Process-Overview---Vendor-Registration https://www.nashuanh.gov/DocumentCenter/View/28837/Bonfire-Process-Overview---Vendor-Registration https://www.nashuanh.gov/DocumentCenter/View/28838/Bonfire-Process-Overview---Vendor-Submission

2026 PAVEMENT PRESERVATION

IFB0265-050726 - 2026 Pavement Preservation Program Page | 2 in lieu of actual delivery. Vendors can use whatever delivery mechanism it chooses as long as it remains clear that the vendor is responsible for submissions prior to the date and time.

The time of receipt shall be considered when a proposal has been officially documented by the Purchasing Department, in accordance with its established policies, as having been received at the location designated above. The City accepts no responsibility for mislabeled mail. Any and all damage that may occur due to shipping shall be the Vendors responsibility.

Further details are available on the City's web site, www.nashuanh.gov, under Services; Bid Opportunities; Current Bids and on the Bonfire website; (Refer to Document IFB0265-050726). Proposals will be opened in public on the due date and time.

Results of the proposal opening will be posted on the City's website, www.nashuanh.gov, under Services; Bid Opportunities;

Bid Results; (Refer to Document IFB0265-050726) within twenty-four (24) hours of the opening.

Complete specifications and related documentation are available on our website, www.nashuanh.gov, under Services, Bid Opportunities, Current Bids; and on the Bonfire website. Refer to Document IFB0265-050726 and related documents.

Please note paper copies of bid documents are not available at the City’s Purchasing Office.

The City assumes no liability for the payment of costs and expenses incurred by any party in responding to this invitation for proposal. All proposals become the sole property of the City of Nashua. This invitation for proposal is not a contract and alone shall not be interpreted as such but rather serves as an instrument through which qualifications are solicited.

The timeline for this project is as follows:

Item Date

Pre-Bid Meeting (OPTIONAL) Wednesday, April 22, 2026 at 1:00 PM

Deadline for Bidder Questions Friday, April 24, 2026 at 10:00 AM

Answers/clarifications posted Tuesday, April 28, 2026 at 4:00 PM

Bids Due Thursday, May 7, 2026at 2:00 PM

A NON-MANDATORY Pre-Bid Meeting to discuss the project is scheduled to begin promptly at the Division of Public Works, 848 West Hollis Street, Nashua, NH 03062, Veteran’s Conference Room on Wednesday, April 22, 2026 at 1:00 PM. The conference can be attended by Zoom if preferred:

Join Zoom Meeting https://us02web.zoom.us/j/6035893330?pwd=YjZ5ZUtSMURySmdBRms1bXBLQ1NUdz09&omn=89807555532

Meeting ID: 603 589 3330 Passcode: 5893333

One tap mobile

+13092053325,,6035893330#,,,,*5893333# US

The meeting is an opportunity for the City of Nashua to overview the project and objectives, and participants to request additional information directly from City of Nashua staff managing or participating in the project.

file://///CityFile/Secure/Purchasing/Bids/Bid%20Docs%20FY26/0265-050726%202026%20Pavement%20Preservation%20Program/Submitted%20Docs/www.nashuanh.gov https://us02web.zoom.us/j/6035893330?pwd=YjZ5ZUtSMURySmdBRms1bXBLQ1NUdz09&omn=89807555532

IFB0265-050726 - 2026 Pavement Preservation Program Page | 3

Bidders are encouraged to submit questions via email; however, the City assumes no liability for assuring accurate and complete email transmission/receipt and is not responsible to acknowledge receipt. Inquires must be submitted in writing, citing the IFB title/number, Page, Section, and must be received no later than Friday, April 24, 2026 at 10:00 AM to:

City of Nashua 229 Main Street, Room 11, Nashua, NH 03060 purchasing@nashuanh.gov

The City of Nashua will consider all timely-received inquiries and, if reasonable and appropriate, will issue an addendum to clarify or modify this IFB on the City’s website www.nashuanh.gov, under Services, Bid Opportunities; Current Bids; (Refer to Document IFB0265-050726) and on Bonfire no later than Tuesday, April 28, 2026 at 4:00 PM.

The City of Nashua hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, national origin, sex, age, sexual orientation, disability or handicap in consideration for an award.

Pursuant to NRO 5-71 (A), the City of Nashua supports the concept of purchasing products which are biodegradable, can be or have been recycled, or are environmentally sound. Due consideration will be given to the purchase of such products.

If you are proposing any such products which qualify, please so indicate in a cover sheet by item number and description.

We are also conscious of energy use and encourage Bidders to propose products that are energy efficient.

All bids are binding for ninety (90) days following the deadline for bids, or until the effective date of any resulting contract, whichever is later.

Bids must be submitted in the format provided and address the items specified in this request. The City may reject any or all of the bids on any basis without disclosure of a reason. The failure to make such a disclosure shall not result in accrual of any right, claim or causes of action by any unsuccessful bidder against the City. The City reserves the right to waive any irregularities when the public interest will be served thereby. The City also reserves the right to negotiate any change or amendment in any bid without soliciting further requests for bids if the action is necessary for the best interest of the City.

The City of Nashua will reject the bid of any proposed bidder who is presently debarred, declared ineligible or excluded by any Federal department or agency, and reserves the right to reject the bid of any proposer who has previously failed to perform any contract properly for any purchaser, or to complete on time, contracts or a similar nature, who is not in the position to perform the contract, or who has neglected the payment of bills or otherwise disregarded its obligations to clients, purchases, subcontractors, material men, or employees.

The City is exempt of all taxes. All bids must be FOB Nashua, NH. All bidders must comply with all applicable Equal Employment Opportunity laws.

Pursuant to NRO 5-78 (F), the Purchasing Manager shall not solicit a bid from a Contractor who is in default on the payment of taxes, licenses or other monies due the City. Therefore, this bid request is void as to anyone who is in default on said payments.

Contract will be awarded to the Bidder that is designated by the City of Nashua as the lowest responsive and responsible Bidder.

GENERAL REQUIREMENTS:

mailto:purchasing@nashuanh.gov file://///CityFile/Secure/DPWShare/ADMIN%20DEPT/Finance/DPW%20PROJECTS/ENGINEERING/Safe%20Routes%20to%20School/Charlotte%20Ave%20Elementary/JUN%202020%20CONTRACT%20DOCUMENTS/www.nashuanh.gov

IFB0265-050726 - 2026 Pavement Preservation Program Page | 4

A. To be eligible for an award, a Bidder must be deemed “responsible” by demonstrating the following:

has the ability, capacity and skill to provide the goods or services required;

can provide the goods or services within the time frame specified;

has a satisfactory record of integrity, reputation, judgment and experience;

has sufficient financial resources to provide the goods or services;

has an ability to provide future maintenance and support as required; and has developed a positive track record with the City of Nashua to the extent the Bidder has previously provided goods or services.

B. Some common reasons why a bid might be found “non‐responsive” are:

failure to sign the bid and/or signature by the appropriate person;

failure to furnish any required bid bonds;

failure to include a unit bid price for each item;

failure to include a total amount for the bid;

failure to submit a non‐collusion affidavit; and inclusion of any unauthorized additions, conditional or alternative bids that make the bid package incomplete, indefinite, or ambiguous.

bid considered to be unbalanced

C. 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 day’s 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, Employers Liability and Auto Liability policies must name the City of Nashua as an additional insured and be reflected on the certificate of insurance.

• General Liability: $1,000,000 per Occurrence $2,000,000 Aggregate

• Motor Vehicle Liability: $1,000,000 Combined Single Limit *Coverage must include all owned, non-owned and hired vehicles.

• Workers’ Compensation Coverage according to Statute of the State of New Hampshire:

$100,000 / $500,000 / $100,000

All Bidders and subcontractors at every tier under the Bidder will fully comply with NH RSA Chapter 281-A, “Workers’ Compensation”.

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

IFB0265-050726 - 2026 Pavement Preservation Program Page | 5

D. 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 prices. 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 and 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.

E. 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.

F. The City may conduct discussion with responsible Bidders prior to selection. Successful Bidders shall begin performance upon receipt of an executed contract and a valid purchase order issued from the City.

G. The City may reject any and all responses on any basis 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.

H. After the initial designation of a Bidder, City Staff will work with the selected Bidder to negotiate final terms and conditions between the City and the successful Bidders prior to the Contract Award. A draft contract is attached.

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

J. The City encourages disadvantaged business enterprise (DBE) participation from contractors and/or subcontractors.

K. The 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.

L. 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 General Condition 5.02 authorized 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;

IFB0265-050726 - 2026 Pavement Preservation Program Page | 6

e) Not seek any type of judicial intervention until the City has rendered its final decision on the protest.

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 bids are solicited.

N. Bid Document Submission List:

To be considered a complete response, the following documents must be submitted along with your bid.

a) Division 1 of the Bidding Specifications and Contract Requirements

i. Bid Form – which includes a tabulation of Subcontractors, Suppliers and other individuals and entities required to be identified in this Bid;

ii. Schedule of Values;

iii. Bid Bond;

iv. Construction Contractor’s Qualification Statement

v. Non-Collusion Affidavit

b) Any and all addendums issued after the release of this IFB. Upon issuance, addendums can be found on the City website or on Bonfire with the original bid documents.

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

ADDITIONAL CONSIDERATIONS:

The Bidder selected shall be expected to comply with all applicable federal and state laws in performance of services. The consideration of all bids and subsequent selection of the Successful Bidder shall be made without regard to race, color, sex, age, handicap, religion, political affiliation or national origin. Services provided by the Successful Bidder shall be rendered through a Standard Form of Agreement Between Owner and Contractor Contract, which has been included in Division 3 of the Bidding Specifications and Contract Requirements.

Bidder must identify any exceptions or objections it has to the City’s sample Standard Form of Agreement Between Owner and Contractor, General Conditions, Supplementary Conditions documents. Copies are part of the Bidding Specifications and Contract Requirements.

The City may from time to time revise the above listed documents. The City will not accept or entertain any exceptions or objections to the above listed documents at any time after Bid submittal except and only to the extent the City subsequently makes a material change to a substantive provision of the above listed terms and conditions.

The bid must declare that it is made without collusion with any other person or entity submitting a bid pursuant to this

IFB.

IFB0265-050726 - 2026 Pavement Preservation Program Page | 7

Disclosure of any potential conflict or statement that there are none to the best knowledge of the Bidder(s). Also, Bidder(s) should state its intention to conform to the no conflict provisions of the IFB.

Prospective applicants who have any questions regarding this opportunity may contact:

Amy Girard, Purchasing Manager City of Nashua, Administrative Services Division 229 Main Street, Nashua, NH 03060 Email: purchasing@nashuanh.gov Ph: 603-589-3332

DIVISION 1

BID FORM

SCHEDULE OF VALUES

BID BOND

CONSTRUCTION CONTRACTORS QUALIFICATION STATEMENT

NON-COLLUSION AFFIDAVIT

IFB0265-050726 Page I 1 of 5

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO IFB

BID FORM

PROJECT IDENTIFICATION: 2026 PAVEMENT PRESERVATION PROGRAM

CONTRACT IDENTIFICATION NUMBER: IFB0265-050726

THIS BID IS SUBMITTED TO: City of Nashua, New Hampshire

Purchasing Department

229 Main Street, City Hall

Nashua, NH 03060

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 BID Documents to perform all Work as specified or indicated in the BID Documents for the prices and within the times indicated in this BID and in accordance with the other terms and conditions of the BID Documents.

2. The Bidder accepts all of the terms and conditions of the Advertisement for BID and Information for Bidders, including without limitation those dealing with the disposition of 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 BID Documents and the following Addenda, receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

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 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.

IFB0265-050726 Page I 2 of 5

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 BID 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 BID 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 BID Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the BID Documents.

H. Bidder has given written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the BID Documents, and the written resolution thereof by the City is acceptable to Bidder.

I. The BID Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of the Work for which the BID submitted.

4. Bidder further represents that this BID 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 .

5. 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:

http://gencourt.state.nh.us/rsa/html/indexes/default.html

6. 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.

7. The following documents are attached to and made a condition of this BID:

A. Bid Form – which includes a tabulation of Subcontractors, Suppliers and other individuals and entities required to be identified in this proposal;

B. Schedule of Values;

C. Bid Bond;

D. Contractor’s References;

E. Non-Collusion Affidavit F. Any and all addendums issued after the release of this BID. Upon issuance, addendums can be found on the City website or on Bonfire with the original BID documents http://gencourt.state.nh.us/rsa/html/indexes/default.html

IFB0265-050726 Page I 3 of 5

8. Communications concerning this BID shall be addressed to:

Amy Girard, Purchasing Manager

Email: purchasing@nashuanh.gov

SUBMITTED on , 20

Business Name (typed or printed):

Individual Partnership Corporation Joint Venture Type:

General General Publicly Traded Professional Limited Services Other Limited Liability

By: (SEAL)

(Individual's Signature, General Partner, Officer with authority to sign)

Doing Business as):

Business Address:

Phone: Email:

Date and State of Organization:

Date and State of Incorporation:

Date of Qualification to do business is

Names of Current General Partners/Executive Officers/Joint Partners

Name: Title

(Indicate managing partner by an asterisk *)

Bidder Address for receipt of official communications:

mailto:purchasing@nashuanh.gov

IFB0265-050726 Page I 4 of 5

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.

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.

Name & Address of Subcontractor Portion of Work

IFB0265-050726 Page I 5 of 5

In compliance with your BID, we hereby submit our BID for the above project. Having examined the plans and specifications and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, we hereby propose to furnish all supervision, labor, materials and supplies, and to construct the project in accordance with the contract documents, dated Including Addenda(s) noted below.

EXPERIENCE AND QUALIFICATIONS:

Contractor’s References: Provide a list of Bidder’s projects completed in the past 5 years and projects currently under production that details experience on similar projects of scope, size & scale.

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

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 Bidder qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

Acknowledgement is made of receipt of the following addenda(s):

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

If notice of acceptance of this bid is given to the undersigned within ninety 90 days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will execute and deliver a contract in the prescribed form within 10 days after the contract has been presented to them for signature.

Immigration Reform and Control Act of 1986: The undersigned certifies that it does not and will not during the performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens.

DISQUALIFICATION OF CONTRACTORS: By signing this bid, the undersigned certifies that this person/firm/corporation is not currently barred from bidding on contracts by any Agency of the State of New Hampshire, nor is this person/firm/corporation a part of any firm/corporation that is currently barred from bidding on contracts by any Agency of the State of New Hampshire.

Either the undersigned or one of the following individuals, if any, is authorized to modify this bid prior to the deadline for receipt of bids by writing the modification and signing their name on the face of the bid, 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:

Estimated Unit Price Total Price

Item No. Quantity Units in figures in figures

413 21,000 Gal Crack Sealant

Dollars and cents $ $

618.6 1 Allowance Uniformed Officers

Twenty Thousand Dollars and

Zero cents $ 20,000.00 $ 20,000.00

618.7 1,000 HR Flaggers

Dollars and cents $ $

619.1 1 Lump Sum Maintenance of Traffic

Dollars and cents $ $

632.0104 75,000 LF Retroreflective Paint Pavement Marking

Single Solid Line, 4in

Dollars and cents $ $

1010.2 1 Allowance Asphalt Cement Adjustment

$ 15,000.00 $ 15,000.00

404.11 25,000 SY Micro-Surfacing (Double-Lift)

Dollars and cents $ $

417.20 450 SY Cold Planing Transitions

Dollars and cents $ $

604.45 10 VF Adjusting to Grade Existing Casting

Dollars and cents $ $

632.3112 200 LF Retroreflective Thermoplastic Pavement Marking

Single Solid Line, 12in

Dollars and cents $ $

632.3118 200 LF Retroreflective Thermoplastic Pavement Marking

18in

Dollars and cents $ $

BASE BID SUB-TOTAL

ADDITIVE ALTERNATE NO. 1 TOTAL

Item Description

Fifteen Thousand Dollars and

00/100 Cents

IFB0265-050726

Division of Public Works

City of Nashua, New Hampshire

2026 Pavement Preservation Program

BASE BID

ADDITIVE ALTERNATE NO.1

SOV-1 of 2

Division of Public Works

City of Nashua, New Hampshire

2026 Pavement Preservation Program

Date:

Phone:

Cents

Cents

Dollars and

Email Address:

Address:

Contractor:

Authorized Signature:

TOTAL OF BID ITEMS

(Words -Base Bid + Additive Alternate No.1)

TOTAL OF BID ITEMS

(Words - Additive Alternate No.1)

TOTAL OF BID ITEMS

(Words -Base Bid)

Dollars and

Cents

Dollars and

TOTAL OF BID ITEMS

(Numbers -Base Bid + Additive Alternate No.1) $

SOV-2 of 2

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS IFB

b

BID BOND

PENAL SUM FORM

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

BID DUE DATE:

PROJECT (Brief Description Including Location):

BOND

BOND NUMBER:

DATE: (Not later than Bid Due Date):

PENAL SUM:

(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

(Seal) (Seal) Bidder’s Name and Corporate Seal

By:

Signature and Title

Attest:

Surety’s Name and Corporate Seal

(Attach Power of Attorney)

Attest:

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.

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS IFB

b

1. 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.

2. 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.

3. 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).

4. 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.

5. 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.

6. No suit or action shall be commenced under this

Bond prior to 30 calendar days after the 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.

7. 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.

8. 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.

9. 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.

10. 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.

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

2026 Pavement Preservation Program Page 1 of 5

CONSTRUCTION CONTRACTORS QUALIFICATION STATEMENT

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

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

3. On Schedule C, attached, provide a list of project awards this organization has received from the City of

Nashua in the past 5 years. Please include project detail, City department and City project lead.

4. On Schedule D, attached, provide a list of 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 Bidder qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

5. Name of Surety Company and name, address, and phone number of agent.

I hereby certify that the information submitted herewith, including any attachment is true to the best of my knowledge and belief.

Title:

Dated:

2026 Pavement Preservation Program Page 2 of 5

Schedule A – List of Major Projects Completed in the Past Five (5) Years

(1) Company Name:

Project Name:

Project Cost:

Project Dates:

Contact Name and Title:

Email: Phone:

(2) Company Name:

(3) Company Name:

2026 Pavement Preservation Program Page 3 of 5

Schedule B – List of Current Projects Under Construction

2026 Pavement Preservation Program Page 4 of 5

Schedule C - List of Project Awards from the City of Nashua in the past 5 years

2026 Pavement Preservation Program Page 5 of 5

Schedule D - Professional References

Certification Regarding Non-Collusion, Debarment, Suspension, and Other Responsibility Matters

I/We declare under penalty of perjury under the laws of the United States and the State of New Hampshire that I/We have not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this Bid, and further that:

(1). The prospective primary participant certifies to the best of its knowledge and belief, that it and all its principals: (a)

Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in Paragraph (1) (b) of this certification and (d) Have not within a three-year period preceding this bid had one or more public transactions (Federal, State or Local) terminated for cause or default. (2). Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Date: ____________________________

(If a firm or individual)

Signature of Bidder____________________________________________________

Print Name _________________________________________________________

Address of Bidder _____________________________________________________

Names and Addresses of Members of the Firm:

(If a Corporation)

Signature of Bidder___________________________________________________

Title _______________________________________________________________

Print Name__________________________________________________________

Business Address ___________________________________________________

Incorporated under the laws of the State of ______________________________________________

DIVISION 2

PAYMENT BOND

PERFORMANCE BOND

CERTIFICATE OF LIABILTY INSURANCE

PY - 1 of 3

CONSTRUCTION PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and (Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

(Name of Owner)

(Address of Owner) hereinafter called OWNER and unto all persons, firms, and corporations who or which may furnish labor, or who furnish materials to perform as described under the contract and to their successors and assigns, in the total aggregate penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of

20 , a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and for all labor cost incurred in such WORK including that be a subcontractor, and to any mechanic or material man lienholder whether it acquires its lien by operation of State or Federal Law; then this obligation shall be void; otherwise to remain in full force and effect.

PY - 2 of 3

PROVIDED, that beneficiaries or claimants hereunder shall be limited to the subcontractors, and persons, firms, and corporations having a direct contract with the PRINCIPAL or its

SUBCONTRACTORS.

PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the

SPECIFICATIONS.

PROVIDED, FURTHER that no suit or action shall be commenced hereunder by any claimant:

(a) Unless claimant, other than one having a direct contract with the PRINCIPAL shall have given written notice to any two of the following: The PRINCIPAL, the OWNER, or the SURETY above named within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the PRINCIPAL, OWNER, or SURETY, at any place where an office is regularly maintained for the transaction business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which PRINCIPAL ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in the BOND is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so amended. The term "Amendment", wherever used in this BOND and whether referring to this BOND, the contract or the loan Documents shall include any alteration, addition, extension or modification of any character whatsoever.

PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

PY - 3 of 3

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of

(number) which shall be deemed an original, this day of , 20 .

ATTEST:

Principal

(Principal) Secretary

(SEAL) BY

(Address)

Witness as to Principal

(Surety)

ATTEST: BY

Attorney - in - Fact

By Witness as to Surety (Address)

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR is partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of New Hampshire.

PF - 1 of 2

CONSTRUCTION PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and (Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

(Name of Owner)

(Address of Owner) hereinafter called OWNER, in the total aggregate penal sum of

Dollars, $ ( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extension thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if the PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void: otherwise to remain in full force and effect.

PF - 2 of 2

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the specifications accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the WORK or to the specifications.

PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so amended. The term "Amendment", wherever used in this BOND and whether referring to this BOND, the contract or the loan Documents shall include any alteration, addition, extension or modification of any character whatsoever.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed counterparts, each one of

(number) which shall be deemed an original, this day of , 20 .

ATTEST:

Principal

(Principal) Secretary

(SEAL) BY

Witness as to Principal

(Surety)

ATTEST: BY

Attorney - in - Fact

By Witness as to Surety (Address)

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR is Partnership, all partners should execute BOND

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of New Hampshire

COI-1

INSERT CERTIFICATE OF LIABILITY INSURANCE

DIVISION 3

CONTRACT AGREEMENT

AG - 1 of 6

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2026 by and between the City of Nashua, New Hampshire (hereinafter called OWNER) and and its successors, transferees and assignees together hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 - WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

The contract work is located in various locations throughout the City of Nashua and consists primarily of pavement treatments for crack sealing and micro-surfacing.

ARTICLE 3 - ENGINEER

3.01 Division of Public Works

Engineering Department

848 West Hollis Street

Nashua, NH 03062 is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the

Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and Completion and Readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Dates for Substantial Completion and Final Payment

The entire length of all roadway segments in the contract shall be substantially complete by October 15, 2026. Substantial completion is defined in Section 1.01 of the General Terms and Conditions.

Final Completion should be by November 15, 2026.

A…