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Finance Committee - Agenda - 6/3/2020 - P159

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 05/29/2020 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/03/2020 - 00:00
Page Number
159
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060320…

©) THE CITY OF NASHUA “The Gate City’

Purchasing Departarent

April 8, 2020
If'BO8S1-032720

2034 SIDEWALK PROGRAM

ADDENDUM #3

Information in this document becomes a part of the original Invitation to Bid.

Addendum #3 is changing the Bid Due Date from Friday, April 10, 2020 at 3:30 p.m. to Friday. May 15, 2020
at 3:30 p.m.

All other aspects of the original document remain the same.

Please sign below to indicate receipt of this additional information and include this page with your IFB
submittal. :

Thank you,

Dan Kooken
Purchasing Manager

kookend@nashuanh.gov
Addendum #3 received and incorporated into our submittal for IFB0851-052720.

Please sign and include this addendum in your proposal package.

fa-

(Autlforized Signature)

Shr fzo22

(Date)

. ASC. Cptter POSES
(Name of Firm) _

Addendum 3 for (F808513-032720 2020 Sidewalk Program
225 Main Street ° Nashua, New Hampshire 03061 » Phone {603} 589-3330 © Fax (603) 589-3233

Page Image
Finance Committee - Agenda - 6/3/2020 - P159

Finance Committee - Agenda - 6/3/2020 - P160

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 05/29/2020 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/03/2020 - 00:00
Page Number
160
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060320…

ae ; THE CITY OF NASHUA "Tha Gate City”

Y Administrative Serpices

Purchasing Departurent

May |, 2020
TPBO851-0327260

202¢ SIDEWALK PROGRAM
ADDENDUM #4
Information in this document becomes a part of the original Invitation to Bid.

Addendum #4 is allowing this Bid to be submitted via email or Bid Express since Nashua City Hall is scheduled
to be closed through 5/15/2020 now.

if emailing your Bid please send to Dan Kooken, City of Nashua Purchasing Manager, at the email address

shown below:
koukend@#nashuanh.vov

Bid Due Date remains Friday, May 15, 2020 at 3:00 p.m. Bid results will be posted on the City of Nashua
website www-.nashuanh.zov by close of business. Bid copies will be sent to the Engineering Department for
review.

All other aspects of the original document remain the same.

Picase sign below to indicate receipt of this additional information and include this page with your IFB
submittal.

Purchasing Manager

kookend@mnashuanh.gov

Addendum #4 received and incorporated inte our submittal for 1FB0831-032720.

Please sign and include this addendum in your proposal package.

Ce
(Authdfized Sigmature)
Ss, du / ZoO2eo
(Date)
Rw CEST Ises
(Name of Firm)

Addendum 4 for !F808541-032720 Canal Street Bridge Repairs
329 Main Street « Nashua, New Hampshire 03062 » Phone (603) 589-3330 » Fax (603) 589-3233

Page Image
Finance Committee - Agenda - 6/3/2020 - P160

Finance Committee - Agenda - 6/3/2020 - P161

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 05/29/2020 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/03/2020 - 00:00
Page Number
161
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060320…

THE CITY OF NASHUA “the Cate City"

Financial Services

Parhastup Defurrintent

March £0, 2026
INVITATION FOR BID

2020 Sidewalk Program
(FP B0851-032720

The City of Nashua, Division of Public Works, is seeking bids to reconstruct pedestrian sidewalks with new and reset
granite curbing on a portion of East Hollis Street fom 242 Main Street (CVS Pharmacy) to Harbor Avenue. The
Contractor will provide all labor, equipment, and material to construct the improvements shown on the “2020 Sidewalk
Program” plans, provided with this Invitation to Bid. The Contractor will be responsible for providing traffic control as
needed during all working and non-working hours.

Contractor shall ensure that its activities and activities of its employees are in strict compliance with the Environmental
Protection Agency, all applicable federal, state and local statutes. ordinances, regulations and rules, including without
limitation, the Federal OSHA of 1970, as amended and the standards and regulations issued hereunder, and all other
statues, ordinances, regulations, rules, standards and requirements of common law in relation to industrial hygicne and
safety, and the protection of health and the environment.

The City of Nashua would like to emphasize the importance of construction work zone safety. The City of Nashua has
adopted the provisions of the Manual on Uniform Traffic Conirol Devices (MUTCD) for work zone safety. Unless
otherwise indicated in this contract, the contract shall follow the requirements of the MUTCD at all roadway construction
work zones.

The anticipated Commencement date for the contract is on or about May 18, 2020. Project will begin once a written
“Notice to Proceed” is issued,

Completion times for the project will be as follows:

Substantial completion shall be by August 7, 2020. Substantial completion is defined in Section 1.01 of the General
Terms and Conditions.

Contract completion shall he by August 21, 2020.

INFORMATION FOR BIDDERS:

The City is now accepting submittals electronically via Bid Express. Please review the attachments, Bid [xpress Vendor
Guide and Vendor Set-up Guide for more information. If a Bidder chooses to submil a paper copy, they must submit one
(1) original and two (2) copies c/o Central Purchasing, 229 Main Street, Nashua, Room 11 - Basement Floor, Nashua,
NH, 03061, in sealed envelopes clearly marked “IF B0841-032720 2020 Sidewalk Program”. Regardless af the method
of submission, bids must be received no later than 3:00 pm on Friday, April G3, 2020. Bids will be opened and publicly
read at that time. Results showing all bidders” identities and their respective bid amounts will be available on our website,
www. nishug.goy under Services; Bid Opportunities: Bid Results, (Refer to Document IFB0851-032720), within twenty-
four (24) hours after the opening.

IFB0851-032720 2020 Sidewalk Program
229 Main Street » Nashua, New Hampshire 03061 = Phone (603) 589-3330 = Fax {603} 589-3233.

Page Image
Finance Committee - Agenda - 6/3/2020 - P161

Finance Committee - Agenda - 6/3/2020 - P162

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 05/29/2020 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/03/2020 - 00:00
Page Number
162
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060320…

Beginning Tuesday, March 10, 2620 bid documents will be available electronically from the City of Nashua website:
www. nashuanh.eoy, under Services, Bid Opportunities; Current Bids; (Refer to Document IFB0851-032720). Piease note
paper copies will not be available.

No bid documents are available at the Central Purchasine,

A NON-MANATORY pre-hid conference will be held at 10:00 am, Monday, March 16, 2020 a: the City of Nashua
Division of Public Works, 9 Riverside Street, Nashua, NH 03062. The meeting is an opportunity for the City of Nashua te
provide an overview of the project objectives. Bidders are encouraged to attend and participate in the conference.

Bids must be submitied in the format provided and address the items specified in the bid package.

The City of Nashua may reject any or all of the bids on any basis and 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 of Nashua, The City of Nashua reserves the right to waive any irregularities when the public interest will be served
thereby,

The City of Nashua also reserves the right to negotiate any change or amendment in any bid without soliciting further bids
ifthe action is necessary for the best interest of the City of Nashua.

Delivery of the Bids shall be at the Vendor’s expense. The time of receipt shall be considered when a Bid has been
officially documented by the Department, in accordance with its established policies, as having been received at the
location designated above. The City of Nashua accepts no responsibility for mislabeled mail. Any and all damage that
may occur due io shipping shall be the Vendor’s responsibility.

Postmarks or other timestamps will mot be accepted in lieu of actual delivery. The firm can use whatever delivery
mechanism it chooses as long as il remains clear that the firm is responsible for submissions prior te the date and time.

The City of Nashua assumes no Hability for the PAYMENT of costs and expenses incurred by any BIDDER in
responding to this request for bids. All bids become the sole property of the City of Nashua, This request for bids is not a
contract and alone shall not be interpreted as such but rather serves as an instrument through which bids are solicited.

To be eligible for an award, a BIDDER must be deemed “responsible”. A responsible BIDDER 1) has the ability,
capacity and skill to provide the goods or services required; 2) can provide the goods or services within the time frame
specified; 3) has a satisfactory record of integrity, reputation, judgment and experience: 4) has sufficient financial
resources to provide the goods or services; 5) has an ability to provide future maintenance and support as required; and 6)
has developed a positive track record with the City of Nashua to the extent the BIDDER has previously provided goods
oF services,

Ne bid will be considered unless accompanied by a bid security in the form of a Bid Bond, in az amount not less
than five percent (5%) of the Bid.

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.

The contract that the City will be executine with the Successful Bidder can be fownd in the Construction
Specifications and Contract Documents — Division 5.

|FB0851-032720 2020 Sidewalk Program 2[ fF ate

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Finance Committee - Agenda - 6/3/2020 - P162

Finance Committee - Agenda - 6/3/2020 - P163

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 05/29/2020 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/03/2020 - 00:00
Page Number
163
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060320…

The project timeline is as follows:

Date Time/Loeation
Bid Documents Tuesday, March 10, 2020 On City of Nashua Website Only
10:00 ant
Non Mandatory Pre-bid Meeting | Monday, March 16, 2020 DPW Engineering
9 Riverside Street, Nashua, NH
Deadline for Questions to be a. . =.
submitted in writing Wednesday, March 18, 2020 3:00 pm
Answers/clan fications posted Friday, March 270, 2020 3:00 pm
3:00pm ttsts—SsS
Purchasing Department
Bid Due Friday, March 27, 2020 229 Main Street
Room ]] - Basement Floor
Nashua, NH, 03061

Vendors are encouraged to submil questions via email; however, the City of Nashua assumes no liability for assuring
accurate/complete email transmission/receipt and is not responsible to acknowledge receipt. Inquirics must be submitted
in writing, citing the IFB tle, IFB number, Page, Section, and received no later than Wednesday, March 18, 2020 at
3:06 pia to
Matt Franz, PLE.
Senior Staff Engineer
Email: FranzMi@:NashuaNtbgov

The City of Nashua will consider all timely-received questions and requests for change and, if reasonable and appropriate,
will issue an addendum to clarify or modify this TFB. Answers to vendor submitted questions and other addenda wilt be
posted under dacument £°B0851-032720 on the City of Nashua website: www.nashuanh.voy, under Services: Bid
Opportunities; Current Bids; (Refer to Document 1°80851-032728) no later than Friday, March 26, 2026 at 3:06 pm.

The Successful Bidder musi maintain the following lincs of coverage and policy Limits for the duration of the contract.
Any subcontractors used by the Successful Bidder are subject to the same coverage and limits and is a subcontractor of

the Successful Bidder and not the City of Nashua. It is the responsibility of the Successful Bidder to update Certificates of
Insurance during the term of the contract. Liability limits are as follows:

» General Liability: $1,000,000 per Occurrence
$2,000,000 Ageregate
» Motor Vehicle Liability: $1,000,000 Combined Single Limit
*Coverage oust 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

The City of Nashua must be named as an additional Insured on all Habiity certificates.

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

tay

iFBO851-032720 2020 Sidewalk Program

Page Image
Finance Committee - Agenda - 6/3/2020 - P163

Finance Committee - Agenda - 6/3/2020 - P164

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 05/29/2020 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/03/2020 - 00:00
Page Number
164
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060320…

It is the responsibility of the Contractor to submit to the City of Nashua certificates of insurance for the Contractor and al]
other subcontractors prior io 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 16 days prior to the expiration of coverage.
The City of Nashua may, al any time, order the Contractor to stop work, suspend the contract ar terminate the contract for
non-compliance, All subcontractors are subject to the same insurance requirements as the Contractor.

The Successful Bidder will be required to post Payment and/or Performance Bonds in an amount equal to 10{% of the
contract amount and will be required to execute the Contract Agreement within ten (10) days following notification of
award of the bid.

Cost of bond premiums to be incorporated into bid ifem costs.

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

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

The City of Nashua supports the concept of purchasing products that 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 bidding on any
such products that qualify, please so indicate in a cover sheet by item number and description.

Respectfully, _
OS
i

Amy Girard

City of Nashua Purchasing Agent II

sirardaidinashuanh voy

Phone: 603-589-3332

IFBO851-032720 2020 Sidewalk Program APP ape

Page Image
Finance Committee - Agenda - 6/3/2020 - P164

Finance Committee - Agenda - 6/3/2020 - P165

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 05/29/2020 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/03/2020 - 00:00
Page Number
165
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060320…

DIVISION 2

INSTRUCTIONS FOR BIDDERS

Page Image
Finance Committee - Agenda - 6/3/2020 - P165

Finance Committee - Agenda - 6/3/2020 - P166

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 05/29/2020 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/03/2020 - 00:00
Page Number
166
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060320…

TABLE OF CONTENTS

INSTRUCTIONS FOR BIDDERS

Page
Article 1 - Defined Terms... ecccesesesssseseseseseseseesseseseeeeeececceesennseceseansesavavseseaesuaevasassusacscsassssaceassvsesseseveces 2
Article 2 - Copies of Bidding Document... cceeccscesesecssceeesesseceeseesesesesereneanevevussenrsaseerasscsnsvacatecststinees 2
Article 3 - Qualifications of Bidders. 2.0... ecscccsessesessssssstetseseseresssessscescessesasesesesscaeecsesasavseseesssseaveaarstscners 2
Article 4 - Pre-bid Conference oo... es eeseseseseseevesesserarsesencsessessssseeusssasesssessevansssacsuesesssseeciescseaseaeseseaneavavees 2
Article 5- Site and Other Areas ......c.ecceeescesesessssesesessssseseessesesusessseasssessesesansnesescasseccesasseessesestansessasanevenee 2
Article 6 - Interpretations and Addenda... ese. eeccececccsecesesesssssesesssesesssesseseaasesesesssasessscausnsessssessecsessacensnsese 2
Article 7 - Bid Security cc eecccesssessseseesstesesecessesesessesenesscscacseecsesceveveueseseatacseavecasavstssesessssntaseseusaussvavacsecers 3
Article § - Contract Times occ cecsssssscsssseesssnescsceesesecavasesessesesecesasssscsssnscscacssusesussucesesscarvavavavavevanatevavenaneces 3
Article 9 - Liquidated Damages ...........ccsssessssesesssssssssssssesssscsesssessssesnsiscucessessessssesessucasseseessseseesaneseenerenverane 3
Article 10 - Subcontractors, Suppliers and Others.........cccccsssssecsssessssssessessseescsscesesesrsesecesseevesevenstscansversveees 3
Article 11 - Preparation of Bida.o.....ccecccccccscsssscscsscscscesenssssevssacaesaceevesavacvavauseavscuesssvevevaavevsesesaeesearauesreeees 4
Article 12 - Basis of Bid; Evaluation of Bids 2.0.2.0... lccececcsscecsescsacecsceacveeseecsavenssucensveneausesesaesaucsasssceneese 4
Article 13 - Submittal of Bid... ccccccccesssessssssssssssceesesevarscssssescaesesasecseeseeseasassavssserersavavesavevasaeatacaaverauaeas 5
Article 14 - Modification and Withdrawal of Bids... cccccesecssescescsesesesseeeeseseeseeseecessseseacssesessvevsmsesneassaes 5
Article 15 - Opening Of Bids... cece ecceescenesesseresssseserseseassnsssssusssatssssessnssssseaesseesesscsesesesessiayesenncnens 5
Article 16 - Bids to Remain Subject fo Acceptance... ecssssescssesssessssesssesesssssvecsesssesscssscecarscevscacarscsnsveaene 6
Article 17- Award of Comtract oo... cceccecccesececssseeseseseesescesensseceeessesesensseecsssuseaeseueuasssesesseassecseccersvecarseseeeseces 6
Article 18 - Contract Security 0... cccsssscsesssssssterseessassessseescsssesesescecsessseesceasestaesereeeacacsnstssesaavsuuesessuseaeeceras 6
Article 19 - Signing of Agreement... ccc cccesessecsesesessenesessssseetacsssseeesesesssesecgucaeveveseneatavensensetevsvatscavevavaneeses 6
Artiche 20 ~ Retaimage .......cscscccssssessssssvsssssssssescscseesssnssnsnsessesssesssavseseeseseserstsnssssscesssessesevseeesavstaesutecetsaseasaiss 7
Article 21 — Appeal by Bidders... eccsesescesseesesesssceeseecsesesssessensssssauassasseanesecaesssassseseseesecnesevaversvavaeeeas 7

IB- 1 of 7

Page Image
Finance Committee - Agenda - 6/3/2020 - P166

Finance Committee - Agenda - 6/3/2020 - P167

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 05/29/2020 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/03/2020 - 00:00
Page Number
167
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060320…

INSTRUCTIONS FOR BIDDERS

ARTICLE 1 DEFINED TERMS

1.01. Terms used in these Instructions to Bidders will have the meanings indicated in the General
Conditions and Supplementary Conditions. Additional terms used in these Instructions to
Bidders have the meanings indicated below which are applicable to both the singular and plural
thereof:

A. Bidder ~ The individual or entity who submits a Bid directly to OWNER.

B. Issuing Office — The office from which the Bidding Documents are to be issued and
where the bidding procedures are to be administered.

Cc. Successful Bidder — The lowest responsible Bidder submitting a responsive Bid to whom
OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award.

ARTICLE 2 COPIES OF BIDDING DOCUMENTS

2.01 Bidding Documents are available electronically City’s web site, www-.nashuanh.gov, under
Services; Bid Opportunities; Current Bids. Hard copies are not available,

2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor
ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.

ARTICLE 3 QUALIFICATIONS OF BIDDERS.

3.01 To demonstrate Bidder’s qualifications to perform the Work, each Bidder must submit a
completed Construction Contractor’s Qualification for Engineered Projects.

ARTICLE 4 PRE-BID CONFERENCE

4.01 A NON-MANDATORY pre-bid conference will be held on the date and time prescribed and at
the place indicated in the Advertisement or Invitation to Bid. Bidders are required to attend this
meeting if you intend to submit a bid. The conference is an opportunity for OWNER and
ENGINEER Representatives to overview the project and objectives, and for participants to
request additional information directly from City of Nashua staff managing or participating in the
project. OWNER will transmit to all prospective Bidders of record such Addenda, as OWNER
considers necessary in response to questions arising at the conference. Oral statements may not
be relied upon and will not be binding or legally effective.

ARTICLE 5 SITE AND OTHER AREAS

5.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required
for temporary construction facilities, construction equipment or storage of materials and
equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR.
Easements for permanent structures or permanent changes in existing facilities are to be obtained
and paid for by OWNER unless otherwise provided in the Bidding Documents.

ARTICLE 6 INTERPRETATIONS AND ADDENDA

6.01 All questions about the meaning or intent of the Bidding Documents are to be directed to
ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to
such questions will be issued by Addenda and posted on the City of Nashua website. Deadlines
for submission of questions can be found on the project timeline contained within the Invitation

iB-2 of 7

Page Image
Finance Committee - Agenda - 6/3/2020 - P167

Finance Committee - Agenda - 6/3/2020 - P168

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 05/29/2020 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/03/2020 - 00:00
Page Number
168
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060320…

for Bids. Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.

6.02 Addenda may also be issued to clarify, correct, or change the Bidding Documents as deemed
advisable by OWNER or ENGINEER. Bidders are requested to sign each Addenda issued to
indicate receipt of this additional information and must include the signed cover page with
Bidders bid submittal.

ARTICLE 7 Bip SECURITY

7.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of five
percent (5%) of Bidder’s maximum Bid price and in the form of a Bid Bond (on form attached)
issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General
Conditions.

7.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the
Contract Documents, furnished the required contract security and met the other conditions of the
Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to
execute and deliver the Contract Documents and furnish the required contract security within 10
days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of
that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have
a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven
days after the Effective Date of the Agreement or 91 days after the Bid opening, whereupon Bid
security furnished by such Bidders will be returned.

7.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of
receiving the award will be returned within seven days after the Bid opening.

ARTICLE 8 CONTRACT TIMES

8.01 The number of calendar days within which, or the dates by which, the Work is to be (a)
substantially completed and (b) also completed and ready for final payment are set forth in the
Agreement.

ARTICLE 9 LIQUIDATED DAMAGES

9.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 10 SUBCONTRACTORS, SUPPLIERS AND OTHERS

10.01 Each Bidder must submit a completed List of Subcontractors on the Form furnished with the
completed Bid Form. The apparent Successful Bidder, and any other Bidder so requested, shall
within seven days after the Bid opening submit to OWNER supplemental information in the form
of an experience statement with the pertinent information regarding similar projects and other
evidence of qualification of each Subcontractor, Supplier, person or organization if requested by
OWNER or ENGINEER. IF OWNER or ENGINEER, after due investigation, has reasonable
objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the
Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute,
in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid
price will be mcreased (or decreased) by the difference in cost occasioned by such substitution
and OWNER may consider such price adjustment in evaluating Bids and making the contract
award.

10.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the
Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers,
individuals, or entities. Declining to make requested substitutions will not constitute grounds for

IB- 3 0f7

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Finance Committee - Agenda - 6/3/2020 - P168

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