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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 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

The City of Nashua must be named as an additional insured on all liability certificates.

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.

No bid will be considered unless accompanied by a bid security in the form of a Bid Bond, in an amount not less than five
percent (5%) of the Bid.

The successful Contractor will be required to post a 100% Performance Bond and a 100% Payment Bond in an amount equal to
the Contract Award.

Cost of bond premiums to be included in the Unit Prices of the Bid Schedule.

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

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 of Nashua. Therefore, this bid request is void as to anyone who is in 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,

Dan Kooken
City of Nashua Purchasing Manager

kookend(@nashuanh. gov

1FBO779-041217 2017 Sewer Replacement Program Page | 3

DIVISION 2

INFORMATION FOR BIDDERS

TABLE OF CONTENTS
INFORMATION FOR BIDDERS

Page
Article 1 - Defined Terms 200.000.0000 ccccccccec cece cccecceeee eens cesecaeeescesecseecseeseeaecaeeeseeseeseeesseseeeessseteeteeseeeeenaeens 2
Article 2 - Copies of Bidding Documents ....0...0.0.000cccccccccccc cece een ee cee ce cece este enieteiseeiseenstenetensteeieens 2
Article 3 - Qualifications of Bidders. ....0..0..000cccccccccccc ce cccccccee cece seceneseceseeeeesesessesssesceseteessesesstssnsssseneeeesies 2
Article 4 - Examination of Bidding Documents, Other Related Data, and Site. 0.000000 ccc eee 2
Article 5 - Pre-bid Conference 0.0.0.0 cceccccccccccecceceenecceeecesecaceesceseesaeeacesecaeeaeeesesseeseeeseesseeesseeteetaeeneeeeeeaeens 5
Article 6 - Site and Other Areas 0.0... cece cece ceceescesecs ces ceeseeseeseeceeesscaecaeeeseeseeseeeseeseeeesseeteeteeneeeeeeaeens 5
Article 7 - Interpretations and Addenda .0.0...0...0.cccccccccccc ccc cece cees ects cee cbe cies eecteseieeeisesiseesstentenieenieens 5
Article 8 - Bid Security 20.0000 cccc cece cece cen cree ene e reer E enero bide c de cde CHES dE SESE fte eet enetetiteneteniteeiieens 5
Article 9 - Contract Times ........0. cece ccceccccccnceesceecsceescesecseeescesecsaecaceseesseaeeaeeeseeseeseeeseeseessesseeteeteensenseeaeens 5
Article 10 - Liquidated Damages .......0..0..0cccccccccc cece cite cece cence centres cent ened cba ee casei ae cit eneenisteiseeistenstenieeieens 6
Article 11 - Substitute and "Or-Equal" Items ...0..000.00 ccc ccccccccccccec cee ce ese cee cee cee ete ciesciesnneesisenireesesiieen 6
Article 12 - Subcontractors, Suppliers and Others 00.00.0000. ccccccccece eee ces ecnee cee cee cceccnessteeeiseniseesseenieees 6
Article 13 - Preparation of Bid ........0cccccccccc ccc cece c nee ne eee e nent ene t ened ened tbe de cae cae cae ciiescesiiesiiieniieniieenitess 6
Article 14 - Basis of Bid; Evaluation of Bids oi... ccccccccccccccesecnssccceccevcessentsaesccsessussennsaseceseesesttntaaeeess 7
Article 15 - Submittal of Bid ooo... cece cece cece cc ceecceececeeeceaecaeeeseesecseeessesecsaesseesecaecaseesensecseeeseeseeseeeseeseenes 7
Article 16 - Modification and Withdrawal of Bid oo.......cc ccc ccc eee ceeeeceeceececesecaecasensenseceeeseeseeeeeseeseenes 8
Article 17 - Opening of Bids....0...0 cocci cc cece cece ec ne ene ene e rte eed eens fone tebe d tei ae cide cae ciesiieeiiesiiitesieniieees 8
Article 18 - Bids to Remain Subject to Acceptance ......0.cc ccc ccc cect cece cece eens tenseceecneccesinessneeeiseniseniieees 8
Article 19 - Award of Contract ....0..00ccccccccecccccccceeceeceeceecnaecaceeseeseesseseeeseesecsaesseesecaecaseesensecseesseeseeseeeeseseenes 8
Article 20 - Contract S@CUrity 0.0.00 ccccc cece ccc cece cece cee cece bre nnd e ene fone tebe ttbi decree cae siesiesiieseiieeiieniieess 9
Article 21 - Signing of Agreement... cc cece eee ene e cece cine cote bts eeteteeeseeiaeciaecaeciiesiesineseisteisensieees 9
Article 22 - Retainage oo... ccc ccc cece een eee eee c ec nE LEE EDL E DLE Ee nate be deer dd cnet tae cdesiietietetiteniennieees 9
Article 23 — Appeal by Bidders 0.0.0.0 0ccccccccc ccc ccc cee cece etre bere e tees cece cece ecne ene tniresisesistenetenieeieens 9

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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.

C. 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 assume 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 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE.
401 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to
the Site that ENGINEER has used in preparing the Bidding Documents.

2. Those drawings of physical conditions in or relating to existing surface and
subsurface structures at or contiguous to the Site (except Underground Facilities) that
ENGINEER has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by
OWNER on City of Nashua’s website only. Those reports and drawings are not part of
the Contract Documents, but the “technical data” contained therein upon which Bidder is
entitled to rely as provided in paragraph 4.02 of the General Conditions has been
identified. Bidder is responsible for any interpretation or conclusion Bidder draws from
and “technical data” or any other data, interpretations, opinions or information contained
in such reports or shown or indicated in such drawings.

IB - 2 of 10

4.02

4.03

4.04

4.05

4.06

4.07

Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to
existing Underground Facilities at or contiguous to the site is based upon information
and data furnished to OWNER and ENGINEER by owners of such Underground
Facilities including OWNER, or others. OWNER and ENGINEER do not assume
responsibility for the accuracy or completeness thereof unless it is expressly provided
otherwise in the Supplementary Conditions.

Hazardous Environmental Condition

A. The Supplementary Conditions identify those reports and drawings relating to a
Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has
used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by
OWNER to any Bidder on request. Those reports and drawings are not part of the
Contract Documents, but the “technical data” contained therein upon which Bidder is
entitled to rely as provided in paragraph 4.06 of the General Conditions has been
identified. Bidder is responsible for any interpretation or conclusion Bidder draws from
and “technical data” or any other data, interpretations, opinions or information contained
in such reports or shown or indicated in such drawings.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders
with respect to subsurface conditions, other physical conditions and Underground Facilities, and
possible changes in the Bidding Documents due to differing or unanticipated conditions appear
in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning
responsibilities for the adequacy of data furnished to prospective Bidders with respect to a
Hazardous Environmental Conditions at the Site, if any, and possible changes in the Contract
Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site
was not shown or indicated in the Drawings or Specifications or identified in the Contract
Documents to be within the scope of the Work appear in paragraph 4.06 of the General
Conditions.

On request, OWNER will provide each Bidder access to the site to conduct such examinations,
investigations, explorations, tests and studies, as Bidder deems necessary for submission of a
Bid. Bidder shall repair disturbed areas per City of Nashua Specifications and/or direction.

Reference is made to Article 7 of the General Conditions for the identification of the general
nature of work that is to be performed at the site by OWNER or others (such as utilities and other
prime contractors) that relates to the work for which a Bid is to be submitted. On request,
OWNER will provide to each Bidder for examination access to or copies of Contract Documents
(other than portions thereof related to price) for such other work.

It is the responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Bidding Documents, including any Addenda and other
related data identified in the Bidding Documents;

B. Visit the Site to become familiar with and satisfy Bidder as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work:

IB - 3 of 10

4.08

C. Become familiar with and satisfy Bidder as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance of the Work:

D. Carefully study all reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the Site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in
paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of
a Hazardous Environmental Condition, if any, at the Site which have been identified in
the supplementary Conditions as provided in paragraph 4.06 of the General Conditions;

E. Obtain and carefully study (or assume responsibility for doing 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, including any specific means, methods,
techniques, sequences, and procedures of construction expressly required by the Bidding
Documents, and safety precautions and programs incident thereto;

F. Agree at the time of submitting its Bid that no further examinations, investigations,
explorations, tests, studies, or data are necessary for the determination of its Bid for
performance of the Work at the price bid and within the times and in accordance with the
other terms and conditions of the Bidding Documents;

G. Become aware of the general nature of the work to be performed by OWNER and others
at the Site that relates to the Work as indicated in the Bidding Documents;

H. Correlate the information known to Bidder, information and observations obtained from
visits to the Site, reports and drawings identified in the Bidding Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the
Bidding Documents;

I. Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder discovers in the Bidding Documents and confirm that the written
resolution thereof by ENGINEER is acceptable to Bidder; and

J. Determine that the Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work.

The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder
has complied with every requirement of this Article 4, that without exception the Bid is premised
upon performing and fumishing the Work required by the Bidding Documents and applying the
specific means, methods, techniques, sequences or procedures of construction that may be shown
or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER
written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in
the Contract Documents and the written resolutions thereof by ENGINEER is acceptable to
Bidder, and that the Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing the Work.

IB - 4 of 10

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ARTICLE 5 MANDATORY PRE-BIDCONFERENCE

3.01

A 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. Representatives of OWNER and
ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and
participate in the conference. 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 6 SITE AND OTHER AREAS

6.01

The Site is identified in the Bidding Documents. AI] 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 7 INTERPRETATIONS AND ADDENDA

7.01

7.02

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

Addenda may also be issued to clarify, correct, or change the Bidding Documents as deemed
advisable by OWNER or ENGINEER.

ARTICLE 8 BID SECURITY

8.01

8.02

8.03

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.

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 retumed.

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

ARTICLE 9 CONTRACT TIMES

9.01

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.

IB - 5 of 10

ARTICLE10 LIQUIDATED DAMAGES

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

ARTICLE 11 SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or
“or-equal” items. Whenever it is specified or described in the Bidding Documents that a
substitute or “or-equal” item of material or equipment may be fumished or used by
CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be
considered by ENGINEER until after the Effective Date of the Agreement. The procedure for
submission of any such application by CONTRACTOR and consideration by ENGINEER is set
forth in the General Conditions and may be supplemented in the General Requirements.

ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 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 increased (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.

12.02 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
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.

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

ARTICLE 13 PREPARATION OF BID
13.01 The Bid Form is included with the Bidding Documents.

13.02 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.

13.03. 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.

IB - 6 of 10

13.04

13.05

13.06

13.07

13.08

13.09

13.10

13.11

A Bid by a partnership shall be executed in the partnership name and signed by a partner (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.

ARTICLE 14 — BASIS OF BID; EVALUATION OF BIDS

14.01

14.02

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

C. 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.

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.

ARTICLE15 SUBMITTAL OF BID

15.01

The City of Nashua website provides a copy of the Bidding Documents, applicable drawings or
specifications, a sample contract for execution, and a submission packet. The submission packet
includes the Bid Form , the Construction Contractor’s Qualification Statement and the Bid
Schedule of Values. Each prospective Bidder must complete and submit all submission package
documents and accompany the submission with the Bid Bond.

IB - 7 of 10