Search

10.03

forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so
listed and against which OWNER or ENGINEER makes no written objection prior to the giving
of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to
revocation of such acceptance after the Effective Date of the Agreement as provided in Article
6.06 of the General Conditions.

CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or
entity against whom CONTRACTOR has reasonable objection.

ARTICLE11 PREPARATION OF BID

i1.01

11.02

11.03

11.04

11.05

11.06

11.07

11.08

11.09

11.10

11.11

The Bid Form is included with the Bidding Documents,

All blanks on the Bid Form and Bid Schedule(s) must be completed by printing in ink or typed
and the Bid signed. A bid price shall be indicated for each Bid item listed therein.

A Bid by a corporation shall be executed in the corporate name by the president or a
vice-president (or other corporate officer accompanied by evidence of authority to sign) and the
corporate seal must be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation shall be shown below the signature,

A Bid by a partnership shall be executed in the parinership name and signed by a pariner (whose
title must appear under the signature), accompanied by evidence of authority to sign. The official
address of the partnership must be shown below the signature,

A bid by a limited liability company shall be executed in the name of the firm by a member and
accompanied by evidence of authority to sign. The state of formation of the firm and the official
address of the firm must be shown below the signature.

A Bid by an individual shall show the Bidder’s name and official address.

A Bid by a joint venture shall be executed by each joint ventured in the manner indicated on the
Bid Form. The official address of the joint venture must be shown below the signature.

All names must be typed or printed in black ink below the signatures.

The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which must
be filled in on the Bid Form.

The address and telephone number for communications regarding the Bid must be shown.
The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state

where the Project is located. Bidder’s state contractor license number for the State of the Project,
if any, must also be shown on the Bid Form.

ARTICLE12 BASIS OF BID; EVALUATION OF BIDS

12.01

Unit Price

A Bidders shall submit a Bid on a unit price or lump sum basis for each item of Work listed
in the Bid schedule.

B. The total of all estimated prices will be determined as the sum of the products of the

estimated quantity of each item and the unit price Bid for each item. The final quantities

IB- 4 of 7

and Contract Price will be determined in accordance with paragraph 11.03 of the General
Conditions.

Cc. Discrepancies between the multiplication of units of Work and unit prices will be
resolved in favor of the unit prices. Discrepancies between the indicated sum of any
column of figures and the correct sum thereof will be resolved in favor of the correct
sum. Discrepancies between words and figures will be resolved in favor of the words.

12.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on

account of cash allowance, if any, named in the Contract Documents as provided in paragraph
11.02 of the General Conditions.

ARTICLE 13 SUBMITTAL OF BID

13.01

The City of Nashua website provides a copy of the Bidding Documents, applicable drawings or
specifications, and a sample contract for execution, Each prospective Bidder must complete
and submit a submission package of documents that includes:

Bid Form in its entirety, Pages BF-1 thru BF-7;

Bid Schedule of Values;

Bid Bond;

Construction Contractor’s Qualification Statement; and
Signed cover page of each OWNER issued Addendum .

13.02 <A bid shall be submitted no later than the date and time prescribed and at the place indicated in

the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plamly
marked with the Project title (and, if applicable, the designated portion of the Project for which
the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid
security and other required documents. If a Bid is sent by mail or other delivery system, the
sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the
outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed fo City of
Nashua, c/o Central Purchasing, 229 Main Street, Room 11 — Basement Floor, Nashua, NH,
03061.

ARTICLE 14 MODIFICATION AND WITHDRAWAL OF BID

14.01

14.02

A Bid may be modified or withdrawn by an appropriate document duly executed in the manner
that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the
date and time for the opening of Bids.

If, within twenty-four hours after Bids are opened any Bidder files a duly signed written notice
with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER
that there was a material and substantial mistake in the preparation of its Bid, OWNER may, in
its sole discretion, choose to not accept the Bid and return the same to Bidder, Thereafter,
that Bidder will be disqualified from further bidding on the Work,

ARTICLE15 OPENING OF BIDS

15.01

Bids will be opened at the time and place indicated in the advertisement or Invitation to Bid and,
unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base
Bids and major alternates, if any, will be made available to Bidders after the opening of Bids
through posting on the City’s website.

IB-5 of 7

ARTICLE16 BIDS TQ REMAIN SUBJECT TO ACCEPTANCE

16.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but
OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of
this period.

ARTICLE17 AWARD OF CONTRACT

17.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming,
nonresponsive, unbalanced or conditional Bids. OWNER further reserves the right to reject the
Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible.
OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the
best interest of the Project to make an award to that Bidder. OWNER also reserves the right to
waive all informalities not involving price, time or changes in the Work and to negotiate contract
terms with the Successful Bidder.

17.02 More than one Bid for the same Work from an individual or entity under the same or different
names will not be considered. Reasonable grounds for believing that any Bidder has an interest
in more than one Bid for the Work may be cause for disqualification of that Bidder and the
rejection of all Bids in which that Bidder has an interest.

17.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed
requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form
or prior to the Notice of Award.

17.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the
qualifications and experience of Subcontractors, Suppliers, and other individuals or entities
proposed for those portions of the Work for which the Subcontractors, Suppliers, and other
individuals or entities must be submitted as provided in the Supplementary Conditions..

17.05 OWNER may conduct such investigations as OWNER deems necessary to establish the
responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers
individuals, or entities to perform the Work in accordance with the Contract Documents.

17.06 If the Contract is to be awarded, OWNER will award the Contract to lowest Bidder whose
evaluation by OWNER indicates to OWNER that the award will be in the best interests of the
Project.

ARTICLE 18 CONTRACT SECURITY

18.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets
forth OWNER’s requirements as to Performance and Payment Bonds and insurance. When the
Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such
Bonds.

ARTICLE19 SIGNING OF AGREEMENT

19.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the
required number of unsigned counterparts of the Agreement with the other Contract Documents,
which are identified in the Agreement attached thereto. The Successful Bidder shall sign and
deliver the required number of counterparts of the Agreement and attached documents to
OWNER, including the Performance and Payment Bonds and the Certificate of Insurance.
Within 16 days thereafter, OWNER shall deliver one fully signed counterpart to Successfil
Bidder with a complete set of drawings with appropriate identification.

IB- 6 of 7

19.02 A fully executed City of Nashua Purchase Order will accompany the fully signed counterpart to
successful Bidder.

ARTICLE 20 RETAINAGE

20.01 Provisions concerning retainage and Contractors’ rights to deposit securities in lieu of retainage
are set forth in the Contract Agreement, Article 6.02 Progress Payments; Retainage.

ARTICLE 21 APPEAL BY BIDDERS

21.01 Any bidder may appeal a pending bid award prior to award by OWNER. The appellant must:

A. Submit a written protest to the OWNER’s Purchasing Manager within five (5) workdays

after the bid opening.
B. Describe, in the written protest, the issues to be addresses on appeal.
Cc. 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 OWNER who will hold the bond or security until a determmation 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.

E, Not seek any type of judicial intervention until OWNER has rendered its fmal decision
on the protest.

21.02 Owner will stop award actions until after the OWNER’s Purchasing Manager has responded in
writing to the protest. If the appellant is not satisfied with the response, the appellant may then
protest to the Board of Public Works, who will render a final decision for the OWNER. No bid
protests will be heard by the Board of Public Works unless bidder has followed the appeal
process.

21.03 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 OWNER because of the unsuccessful appeal.

21.04 OWNER is not Hable for any costs, expenses, attorney’s fees, loss of income, or other damages
sustained by the appellant in a bid process.

IB- 7 of 7

DIVISION 3

SCHEDULE OF VALUES
BID BOND
CONTRACTOR’S QUALIFICATIONS

BID FORM

PROJECT IDENTIFICATION: 2020 SIDEWALK PROGRAM

CONTRACT IDENTIFICATION AND NUMBER:__JFB0851-032720

THIS BID IS SUBMITTED TO: City of Nashua

Central Purchasing

229 Main Street, City Hall
Room 128

Nashua, NH 03061-2019

1.01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement
with OWNER in the form included in the Bidding Documents to perform all Work as specified or
indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in
accordance with the other terms and conditions of the Bidding Documents.

2.01 BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.
The Bid will remain subject to acceptance for 60 days after the day of Bid opening, or for such longer
period of time that Bidder may agree to in writing upon request of OWNER.

3.01 In submitting this Bid, BIDDER represents, as set forth in the Agreement, that:

A.

Bid Form

BIDDER has examined and carefully studied the Bidding Documents and the following
Addenda, receipt of all which is hereby acknowledged.

Addendum ne | Addendum Date /2@rt4 70 Zoto
#7 marth (7 Zaz

i pas & Zar
oe 4 ; [Maly / Zo eR

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.

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.

BIDDER has obtained and carefully studied (or assumes responsibility for having done
$0) 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.

BF 1 of 7

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 Bidding Documents.

F, BIDDER is aware of the general nature of work to be performed by OWNER and others
at the Site that relates to the Work as indicated in the Bidding 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
Bidding Documenis, and all additional examinations, investigations, explorations, tests,
studies, and data with the Bidding Documents,

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

L The Bidding Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance of the Work for which this Bid is submitted.

4.01 BIDDER further represents that this Bid is 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 BIDDER has not sought by collusion to obtain for itself
any advantage over any other Bidder or over OWNER.

5.01 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:

hitp://gencourt.state.nh.us/rsa/himl/indexes/default. html

6.01 BIDDER will complete the Work in accordance with the Contract Documents for the following
prices:

SEE ATTACHED SCHEDULE OF VALUES

A. Unit Prices have been computed in accordance with paragraph 11.03.B of the General
Conditions.
B. 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 Documenis.

7.01 BIDDER agrees that the Work will be substantially completed and completed and ready for final
payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within

the number of calendar days indicated in the Agreement.

BF 2 of 7
Bid Form

7.02 BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure
to complete the Work within the times specified in the Agreement.

8.01 The following documents are attached to and made a condition of this Bid:

A. Bid Form;

B. Schedule of Values;

Cc. Bid Bond;

D. A tabulation of Subcontractors, Suppliers and other individuals and entities required to be

identified in this Bid; and

E. Construction Contractor's Qualification Statement.

9.01 Communications concerning this Bid shall be addressed to:
(Contractor's mailing address to be filled in by Bidder)

Ruse. enrecinse s
Co ry“ ZIZ'
Nosghie. NW oat {

10.01 The terms used in this Bid with initial capital letters have the meanings indicated in the
Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

Submitted by:
Name of Organization Kise @ ter Ga seF
Name of Individual KdenctT Cheon 0.90
Title b Wit :
Address Pp Bor 37Zl

N aghnva wih 0306 |
Telephone GO 3 TS 5087)
Submitted to:
Name Cisy af UASHA
Address eg Ab oy VV A pn ST

Weshve ps OF2D

BF 3 of 7
Bid Forn

Telephone

SUBMITTED on SSIS Z072d 20
If BIDDER is: ,

An Individual

Name (typed or printed): Re\oert Chrern 2 BR rs

By: f (SEAL)
(individual's Signature)
Doing business as: Rr Wl. ewrTrer DASE z

Business address: FO BOK BSItl Neshla Ml a3nG!
Fyneal: RiICEXEDA Gmali. don

Phone No.: 602% 265 6089 Fax No.:
A. Parmership
Partnership Name: (SEAL)

Bid Form

Date and State of Organization.

Names of Current General Partners
Name Title

Type of Partnership
[] General [| Publicly Traded
[| Limited ["] Other (describe):

By:
(Signature of General Parmer ~ attach evidence of authority to sign)
Name (typed or printed):
Business address:
Phone No.: Fax No.:

BF 4 of7

A Corporation

Corporation Name: (SEAL)

Date and State of Incorporation:

List of Executive Officers
Name Title

Type (General Business, Professional, Service, Limited Liability):

By:

(Signature ~- attach evidence of authority to sign)
Name (typed or printed):
Title: (Corporate Seal}
Attest:

(Signature of Corporate Secretary)

Business Address:
Phone No.: Fax No.:

Date of Qualification to do business is

A Joint Venture

Bid Form

Jomt Venture Name: (SEAL)

Date and State of Organization:

Name, Address and Form of Organization of Joint Venture Partners: (Indicate managing partner

by an asterisk *)

BF 5 of 7