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Finance Committee - Agenda - 5/3/2016 - P31

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
31
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

Gamehme;

PART 5 - INSTALLATION (Continued)

ADA Rolled - This is the type of edge to meet the requirements of ASTM 1951, Specifications
for Determination of Accessibility of Surface Systems Under and Around Playground Equipment.
The rolled edge will require additional materials in order to provide adequate ADA Wheelchair
access. The total linear feet of the pad will need to be provided if the whole site is to be ADA
compliant.

Keyway Cut - This type of an edge requires a trenched saw cut of 12” wide x %” deep along the
edge of the concrete or asphalt pad. The contractor or customer will be responsible for providing
the keyway cut. There will be a up charge if the poured rubber installer is asked to provide this
cut. The poured rubber will be beveled down into the saw cut where it will adhere preventing the

exposure of a raw edge.

Cure Time - The poured rubber will require 72 hours (3 days) to properly cure. Security is required
by the owner during this time so to avoid unnecessary damages.

PART 6 - WARRANTY:

When used under playground equipment, GameTime's GT Impax recycled poured rubber is
warranted against defects in materials and workmanship for five years.

When used with water play equipment, GameTime's GT Impax recycled poured rubber is warranted
against defects in materials and workmanship for three years provided aliphatic binder is added.
Without the aliphatic binder, the GT Impax recycled poured rubber will carry only one year warranty.

Ask you GameTime representative for a copy of our full GT Impax recycled poured rubber warranty
details.

PART 7 - MAINTENANCE:

Ask your GameTime representative for a copy of our full GT Impax recycled poured rubber
maintenance details.

Page Image
Finance Committee - Agenda - 5/3/2016 - P31

Finance Committee - Agenda - 5/3/2016 - P32

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
32
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

(52) THE CITY OF NASHUA ‘The Cate City’

Financial Services

Purchasing Department

February 23, 2016
INVITATION TO BID
Legacy Playground at Labine Park
1FB0651-033116

The City of Nashua Division of Public Works invites qualified contractors to
submit bids for the Legacy Playground project. The purpose of the project is
to provide an accessible playground at Labine Field located along Cleveland
Street and the intersection of Fairview Avenue. The Work includes filling and
grading, construction of a variety of walkway surface treatments, wood chips
and rubber protective surfacing. It will also include installation of equipment
footings and loam and seed/restoration of the lawn area and all associated
work. Selected playground equipment supplied by the City will require
assembly and installation by contractor. Other selected playground equipment
will be assembled and installed by City employees and community volunteers
on two specified weekend community build days. In addition, work includes
Contractor providing design of proposed irrigation system. Contractor to install
irrigation system using supplies provided by City Park Department. Irrigation
system connection to water source to be provided by City.

INSTRUCTIONS FOR BIDDERS

Bids must be submitted on the Bid Form in its entirety with (1) original and
two (2) copies, in a sealed envelope plainly marked “Legacy Playground” and
must be received at Central Purchasing Office, 229 Main Street, Lower Level,
Nashua, NH 03060 prior to 3:00 pm on Thursday, March 31, 2016. Postmarks
or other timestamps will not be accepted in lieu of actual delivery. The
contractor can use whatever delivery mechanism it chooses as long as it
remains clear that the contractor is responsible for submissions prior to the
date and time. Further details are available on the City’s web site,
www.nashuanh.gov, under Services; Bid Opportunities; Bid Results, (Refer to
Document IFB0651-033116), within twenty-four (24) hours after the opening.

Substantial Completion for the project shall be August 26, 2016
Final Completion for the project shall be September 12, 2016.

There will be a MANDATORY pre-bid meeting at 9 Riverside Street, Nashua,
NH 03062 at 9:00 AM on Wednesday, March 16, 2016. The meeting is an
opportunity for the City to overview the project and objectives and participants
to request additional information directly from City staff managing or

IFBO651-033116 Legacy Playground @ Labine Park
229 Main Street » Nashua, New Hampshire 03061 « Phone (603) 589-3330 Fax (603) 589-3344

Page Image
Finance Committee - Agenda - 5/3/2016 - P32

Finance Committee - Agenda - 5/3/2016 - P33

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
33
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

participating in the project. You or your representatives are required to
attend this meeting.

Beginning Monday, February 29, 2016, bid documents will be available
electronically from the City website: www.nashuanh.gov, under Services, Bid
Opportunities; Current Bids; (Refer to Document IFB0651-033116).

Please note paper copies will not be available. No bid documents are
available at the Central Purchasing.

The timeline for this project is:

Subject Date Time/Location
5:00 p.m. on the City Web
Documents available Monday, February 29, 2016 Site

9:00 a.m. at 9 Riverside
Mandatory Pre-Bid Meeting Wednesday March 16, 2016 Street

Addendum, if needed, posted | Thursday, March 24, 2016 5:00 p.m.
3:00 p.m. Purchasing
Bid Due Thursday, March 31, 2016 Department
Notice to Proceed,
approximate Wednesday, June 1, 2016

Vendors are encouraged to submit questions via e-mail; however, the City
assumes no liability for assuring accurate and complete email
transmission/receipt and is not responsible to acknowledge receipt. Inquiries
must be submitted in writing, no later than Monday, March 21, citing the IFB

title, IFB number, Page, Section to:

Nick Caggiano

City of Nashua
Superintendent, Parks & Recreation
Email: CaggianoN@NashuaNH.gov

The City will consider all timely-received questions and requests for change
and, if reasonable and appropriate, will issue an addendum to clarify or modify
this IFB. Answers to Vendor submitted questions and other addenda will be
posted under document IFB0651-033116 on the City of Nashua website,

www.nashuanh.gov under Services; Bid Opportunities; Current Bids, (Refer to
Document IFB0651-033116),no later than Thursday, March 24, 2016 at 5:00

pm.

Each General Bid shall be accompanied by a Bid Security in the amount of 5%
of the Total Bid Price.

All bids are binding for sixty (60) days following the deadline for bids, or until
the effective date of any resulting contract, whichever is later.

No bidder may withdraw a bid within sixty (60) days after the actual date of bid
opening.

IFBO651-033116 Legacy Playground @ Labine Park 2
229 Main Street e Nashua, New Hampshire 03061 * Phone (603) 589-3330 « Fax (603) 589-3344 '

Page Image
Finance Committee - Agenda - 5/3/2016 - P33

Finance Committee - Agenda - 5/3/2016 - P34

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
34
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

Certificates of Liability and Workmen’s Compensation Insurance must be filed
by the successful bidder prior to commencement of work. Liability limits are as
follows:

General Liability: $1,000,000 per occurrence; $2,000,000 aggregate
Automobile Liability: $1,000,000 combined single limit
Coverage must include all owned, non-owned and
hired vehicles.

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

Workers’ Compensation: Per NH State Statute
($100,000/$500,000/$100,000)

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. A bid that is abnormally high or low for any bid
item, or as a whole, may be rejected as unbalanced.

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 or services.

The submission of a bid constitutes the bidder’s acceptance of and agreement
to the terms and conditions of this Invitation to Bid.

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

on said payments.

Resppatiully,

On gare i.
Danielle Greenberg

Purchasing Agent II
qreenberqd@nashuanh.gov

IFBO651-033116 Legacy Playground @ Labine Park
229 Main Street e Nashua, New Hampshire 03061 « Phone (603) 589-3330 « Fax (603) 589-3344

Page Image
Finance Committee - Agenda - 5/3/2016 - P34

Finance Committee - Agenda - 5/3/2016 - P35

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
35
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

DIVISION 2
INFORMATION FOR BIDDERS

Page Image
Finance Committee - Agenda - 5/3/2016 - P35

Finance Committee - Agenda - 5/3/2016 - P36

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
36
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

TABLE OF CONTENTS
INSTRUCTIONS TO BIDDERS

Page
Article 1 - Defined Terms 2.0.0.2... ccceccccccccecccceee cece eececesecaecaeeescesecseeessessesaesseesecsaecaeeesensecaeeeseeseesecseeeseeseenes 2
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Article 3 - Qualifications of Bidders. ......00.000cccccccc cece cceccccese sees esses seceseeeeesesesssesessssseseteessesenstssssseseneseesies 2
Article 4 - Examination of Bidding Documents, Other Related Data, and Site. ...00.000. occ cece 2
Article 5 - Pre-bid Conference... ccc cccccccccccccccec cence sees eesecseeeeceseesaeeseesscaeeaeeeseeseeseeeseeseeeesseeteeteeneeeeenaeens 5
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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 ........0cccccccccceccccccceeceeccesececeescesecseeeseeseeseeeseesseaecaeeeseeseeseeeseeseeeesseetseteeneeeseeseens 6
Article 10 - Liquidated Damages .......0..0.0ccccccc ccc ccceccce cece cnc eee tect ees e cde c ee cae cece es tesiieeeireeiseeistenetenieeieens 6
Article 11 - Substitute and "Or-Equal" Items ...0..00000cccccc cece cece ete ce reese cee cnee crests esnesineesisenirenseetieens 6
Article 12 - Subcontractors, Suppliers and Others .0..0.000000c ccc ccccccece ec ecesccnee cee cee cceesseesseenstentenieenieens 6
Article 13 - Preparation of Bid .........ccccccccccccc cect ccc ccte ene cnet entrees eens tebe debate bide ci deci aecoienieteisteiseesitentenieeieens 7
Article 14 - Basis of Bid; Evaluation of Bids oi... ccccccccccccccesecnssccceccevcessentsaesccsessussennsaseceseesesttntaaeeess 7
Article 15 - Submittal of Bid oo... cece cc cenccnececescesecaeeeseesecseeessesecsaecssesecaecasesensecseessesseeseeeseeseenes 8
Article 16 - Modification and Withdrawal of Bid oo......0 ccc ccccccc ccc cecceeceeeeeeecesecaecaeensensecaseeseeseeseeesteseenes 8
Article 17 - Opening of Bids......00.0cc ccc cece cee cne cee cee ene ene ee ne entre ets eebe tebe dtei ae ciae cae ciesiesiieneiseniientieess 8
Article 18 - Bids to Remain Subject to Acceptance .0...0..0c ccc cece ec cect eee see secretes ciesinesiieentstniseenieees 8
Article 19 - Award of Contract ....0..000ccccccceccccccccceceeceneesscesecaecaeeescesecseeescesecsaeceeesecsaecaeesensecsseeseeseeseeeseeseenes 9
Article 20 - Contract SeCUrity 0.0.00 ccccc ccc cc ccc cece eect e cre cre cnr enter ens eebe debit teiasciatcaeciesiesitesiiiteiieniieees 9
Article 21 - Signing of Agreement... occ ccccec cee cne cnet ence ee ne eens tebe tebe tebe ttei asc ee cae ciesiesinesitieeiseniieess 9
Article 22 - Retainage oo... cece ccc en eee e cece cece SEE Sn nE EU ne EDGE DEE Dba tebe de bide eiasenaseietiieenieeniees 10
Article 23 — Appeal by Bidders 0.0.0.0 .0cccccccccccccccccc eet ee reese c ieee cece ere eoteeeieeeseeiseensteneteesieeisenineniss 10

IB- 1 of 10

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Finance Committee - Agenda - 5/3/2016 - P36

Finance Committee - Agenda - 5/3/2016 - P37

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
37
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

INSTRUCTIONS TO 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
Citizens Favorites, Current Bid Opportunities. 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 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 4.02 of the General Conditions has been
identified. Bidder is responsible for any interpretation or conclusion Bidder draws from

IB - 2 of 10

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Finance Committee - Agenda - 5/3/2016 - P37

Finance Committee - Agenda - 5/3/2016 - P38

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
38
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

4.02

4.03

4.04

4.05

4.06

4.07.

and “technical data” or any other data, interpretations, opinions or information contained
in such reports or shown or indicated in such drawings.

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 fill all holes and clean up and restore the site to its former conditions upon
completion of such explorations, investigations, tests and studies.

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;

IB - 3 of 10

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Finance Committee - Agenda - 5/3/2016 - P38

Finance Committee - Agenda - 5/3/2016 - P39

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
39
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

4.08

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:

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:

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;

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;

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;

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;

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;

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

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

IB - 4 of 10

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Finance Committee - Agenda - 5/3/2016 - P39

Finance Committee - Agenda - 5/3/2016 - P40

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
40
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

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.

Article 5— Mandatory Pre-bid Conference

5.01 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. 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 7 — Interpretations and Addenda

7.01 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 mailed or delivered to all parties recorded by
ENGINEER as having received the Bidding Documents. Questions received less than ten (10)
days prior to the date for opening of Bids may not be answered. Only questions answered by
formal written Addenda will be binding. Oral and other interpretations or clarifications will be
without legal effect.

7.02 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 <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.

8.02 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 15
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 61 days after the Bid opening, whereupon Bid
security furnished by such Bidders will be retumed.

IB - 5 of 10

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Finance Committee - Agenda - 5/3/2016 - P40

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