2023 Paving Project

The Town of Alton, acting through its Director of Public Works will accept sealed bids on the following locations for asphalt applications in Alton; the estimated tonnage to be applied is 6000 tons. The tonnage amount estimated is not a guarantee, the volume of hot asphalt mix applied will be based off the Town of Alton's budgeted amount and current contractor pricing. Please see locations below for estimated quantities. The intent of this bid is for the Town of Alton to hire a qualified contractor to perform and provide all labor, materials, and equipment to furnish and apply bituminous materials, shim, and overlay paving on existing bituminous wearing surfaces, cold planing, gravel, reclaim surfaces of streets, and gravel shoulder work operations in the Town of Alton, New Hampshire. The proposal contains items for bituminous paving, cold planing, and delivery of mix from a determined asphalt producing plant to establish a unit price for any requirement that develops in the construction year. It shall be the obligation ofthe selected Contractor to complete all work before dates specified. Following award of contract, the selected Contractor shall coordinate the scheduling of all work with the DPW Director or his designee. At a minimum, the Town shall be given one (1) weeks' notice prior to commencement of any work. The Town of Alton reserves the right to accept, reject, modify or negotiate any and/or all proposals or any portion and to waive defects in form of minor irregularities thereof in the best interest of the Town of Alton. The bid price shall not include Federal or State taxes. If such are applicable, the successful Bidder shall furnish the Town with the necessary tax-exempt forms in triplicate upon submission of the invoice. 6. The Bidder shall not, directly or indirectly, enter into any agreements, participate in any collusion, or otherwise take any action in restraint of free competitive bidding in connection with this bid. The successful Bidder shall not use the name of the Town in any advertising without first obtaining written permission from the Board of Selectmen. Any changes to the provisions or specifications of this Bid shall be made by written addendum issued no later than 4 working days prior to the bid opening date. Prospective Bidders shall have complete responsibility for being aware of any and all addenda, which will be posted to the Towns website "News and Announcements" on December 4, 2022. The Bidder's attention is drawn to the fact that they shall observe and comply with all applicable Federal and State Laws and Regulations, Town Ordinances and the Town's purchasing policy, and these shall apply to the contract the same as though written out herein in full, and the Contractor shall indemnify the Town and its representative against any claim or liability arising from or based on any such law, ordinance, rules and regulation by themselves or by their employees. The successful Bidder shall notify the Town immediately if these bid documents are at variance with any laws or regulations. The Town may make such investigations as it may deem necessary to determine the ability of the Bidder to perform the services, and the Bidder shall furnish the Town all such information for this purpose that the Town may request. The Town reserves the right to reject any and all bids if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Town that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. The Contractor shallsecure and pay for all permits and licenses for the work in accordance with the bid documents, contract and specifications required for a complete finished job. The Contractor acknowledges that it is an independent Contractor responsible for its own acts and performance under the Contract, including the acts of its employees and performance of its equipment. In addition to maintaining the required insurance under this Contract, the Contractor to the fullest extent permitted by law, shall protect, indemnify, save, defend and hold harmless and exempt the Town, its officers, officials, agents, volunteers and employees ("Indemnified Parties") from and against any and all liabilities, obligations, claims, damages, penalties, causes of actions, costs, interest and expenses, including but not limited to reasonable attorney and paralegal fees, which Indemnified Parties may become obligated by reason of any accident, bodily injury, personal injury, death of person, or loss of or damages to property, arising indirectly or directly under, in connection with, or as a result of this agreement or the activities of the contractor and even if caused in whole or in part by any negligent or intentional act or omission of Indemnified Parties. In addition, and regardless of respective fault, the Contractor shall defend, indemnify and hold harmless the Indemnified Parties for any costs, expenses and liabilities arising out of a claim, charge or determination that the Contractor's officers, employees, contractors or agents are employees of the Indemnified Parties, including but not limited to claims or charges for benefits, wages, fees, penalties, withholdings, damages or taxes brought in connection with laws governing workers compensation, unemployment compensation, social security, medicare, state or federal taxation, and/or any othersimilar obligation associated with an employment relationship.The Bidder shall, in the employment of labor, comply with the laws of the State of New Hampshire, including but not limited to Chapter 275, RSA, as amended, "Hours of Labor", Chapter 279, RSA as amended, "Minimum Wage Law". Insurance: At the time of the execution of the Contract, the Contractor shall present to the Board of Selectmen, proof of the required Liability Insurance Coverage. The Contractor shall provide proof of commercial general liability insurance, including completed operations coverage, with limits of $1,000,000.00 per occurrence and $2,000,000.00 aggregate, and shall add the Town to the policy as an additional insured by way of amendatory endorsement and certificate or insurance. The liability insurance shall contain contractual liability coverage applicable to the indemnification obligations of the contractor. Contractor shall provide proof of acceptable automobile insurance applicable to activities in connection with the project, as well as workers compensation insurance applicable to its employees. The Town shall not be required to indemnify or insure the contractor. 1The Bidder is to submit Proposal on attached "Bid Sheet" for "Unit Prices". 16. Upon receipt of written notice of acceptance of their bid, the successful Bidder shall execute and deliver the formal contract, attached, within ten calendar days to the Town. Work on this project shall commence as soon as the Town has roads prepared and after signing of the contact and shall be completed in its entirety prior to November 1, 2023. The Town of Alton will make every effort to have projects ready for September 1. Each Bid must be accompanied by Bid Security, payable to the Town of Alton, in the amount of ($300,000.00) three hundred thousand dollars. Acceptable types of Bid Security include, but are not limited to: Bid Bonds, guaranteed by a surety acceptable to the Town, certified check or money order, cash, or letters of credit in a form acceptable to the Town. Such Bid Security will be returned to all Bidders within five working days after the Town and the accepted Bidder have executed the Contract, or if no Contract is executed, within sixty calendar days after the date of opening the bids, upon demand of the bidder at any time thereafter, so long as they have not been notified of the acceptance of their bid. Prior to starting the work, the successful Contractor must deliver to the Town an executed Performance Bond as security in the amount of 100% of the contract price, as security for the faithful performance of this Contract and the payment of all persons performing labor or furnishing materials in connection therewith, prepared in the form of a Performance & Payment Bond attached hereto, and having a surety thereon such surety company or companies are as approved by the Town, and as are authorized to transact business in the State of New Hampshire. Such bond shall acknowledge and permit and occupancy of the project or any portion thereof prior to formal acceptance by the Town. 20. The successful Bidder, upon their failure or refusal to execute and deliver the Contract and security, if required, within ten calendar days after they have received notice of the acceptance of their bid, shall forfeit to the Town, as liquidated damages for such failure or refusal, the security deposited with their bid. 21. The Bidder will guarantee the work and materials and the work and materials of all subcontractors for a period of one year from the date of acceptance of the work by the Town and agree to leave the work in perfect order at completion. Neither the final certificate of payment nor any provision in the Contract documents shall relieve them of responsibility for negligence, or faulty materials, or workmanship within the extent and period provided by law, and upon written notice they shall remedy any defaults due thereto, and pay all expenses for any damage to work resulting there from. It is hereby specifically agreed and understood that this guarantee shall not include any cause or causes other than defective work or materials. It is further understood that the Board of Selectmen shall be the final judge as to whether or not any defect is a defect in workmanship and/or materials, which is the Bidder's responsibility. 22. The Contract Documents shall include, may not be limited to: the "Invitation to Bid"; "General Provisions"; "Specifications"; "Bid Security"; "Performance Bond"; "Bid Sheet"; "Proposal" "Change Orders"; "Drawings" (if any); "Notice to Proceed"; "Notice of Award"; any issued addenda and the final executed "Contract Agreement". The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of the work and the terms and conditions of payments shall be as binding as if called for by all. 23. A complete understanding of the conditions as they exist is required by a careful personal examination of the work at the site. The Contractor also shall examine carefully the Specifications and the Contract forms of the work contemplated. The Contractor shall not, at any time after the execution of the Contract, set up any claims whatsoever based upon insufficient data or incorrectly assumed conditions, nor shall it claim any misunderstanding in regard to the nature, conditions, or character of the work to be performed under this contract, and it shall assume all risksresulting from any change in the conditions which may occur during the progress of the work. 24. The Town shall make payment on account of the Contract as follows: The Contractor shall invoice the Town for the work completed. After receipt of the Contractor's invoice by the Town, the Town's agent shall inspect the premises and if the work has been completed in accordance with the Contract Documents, the Town will make payment on or within thirty days of the approved amount of the invoice. Before final payment is made to the Contractor, it shall submit evidence satisfactory to the Board of Selectmen that all payrolls, material bills and other indebtedness connected with the work have been paid.

Division 32 -	Exterior Improvements, Operation and Maintenance of Exterior Improvements.
Division 34 -	Transportation, Operation and Maintenance of Transportation.