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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 IFB. Answers to vendor submitted questions and other addenda will be
posted under document IFB0660-020719 on the City of Nashua website; www.nashuanh.gov, under Services; Bid
Opportunities; Current Bids; (Refer to Document IFB0660-020719) no later than Friday, February 01, 2019 at 3:00 pm.

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 if the action is necessary for the best interest of the City of Nashua.

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 successful bidder must maintain the following lines 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 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 Total Bid Price.

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 Lump Sum Bid Proposal.

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.

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.

IFB0660-020719 FY2019 Paving Program — Arterial Roadways 3| Page

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.

Me

Danielle Bannon Noe at,

City of Nashua, NH
Purchasing Agent Il
greenbergd@nashuanh.gov

1FBO660-020719 FY2019 Paving Program — Arterial Roadways 4|Page

DIVISION 2

INSTRUCTIONS FOR BIDDERS

TABLE OF CONTENTS

INSTRUCTIONS FOR BIDDERS

Page
Article 1 - Defined Terms... teecsesessessesssessessesessesscscsssscssssesesssscsssarsrcesarsucersassussesasassavssssesusavsavarcesavsrsencees 2
Article 2 - Copies of Bidding Document. ............csscsssssscsessssessessesesssssssesessessecsecsecsucsssussscissussussusseseseesesscees 2
Article 3 - Qualifications Of Bidders..........c.csccsssscssssessssssssssssssssssssecsesecscsssesesucessesesssatsreresesssstararsasaveceseneenee 2
Article 4 - Pre-bid Conference 0.0... cecsceessssssessssssscssesscsescssssssesscsessssssusavsesscsesucarsarausansessssasavsassnsissesetsesevsavenes 2
Article 5 - Site and Other Areas... ceecsssessssssseseessesessesssecscssscssssseessesassucuesesarsussesuuarsssatsassssassesasssteseaseneees 2
Article 6 - Interpretations and Addenda.........c.cccccccsssssesccsssssesessscscsscaceversusecsessecssasusassvsusssasscsisavasessevaseeseves 2
Article 7 - Bid Security... ceceecesessssessssssesessssssesscscsescsscssssscsvsuecsussessarsesesasassssasasusissesusisasavsscasaverseveveneenes 3
Article 8 -~ Contract Times oe eceesessesssnssessesessececseeucsesucsssucscsssvsscsesecersveassesansessususasacasersavsissssassessucasevene 3
Article 9 ~ Liquidated Damages ............sescessssessesessessssesesessesesssecassssscsesssansessesucatsucsusassesassusisarcissucevsavasisevens 3
Article 10 - Subcontractors, Suppliers and Others..........ccccccsssssessssssscsscssssssssssssesscsecsecsecsessesscsuesessesassecssecess 3
Article 11 - Preparation Of Bid... eccscsssssssecsccssesesnesssessscsssssscscscsnsesecseacessestcaavsasstatsssesstsesessvsesessvevsvecees 4
Article 12 - Basis of Bid; Evaluation of Bids ......c.c.ccccccsccsscsccesececessssscsesscscssscssscecsssesosevesetevecececesecececececees 4
Article 13 - Submittal of Bid oo... ceeesesesscsessesecsesscscsscsssesscscsscessssneacsecssssacsrsacsesssareatsasasussesscsssseessensece 5
Article 14 - Modification and Withdrawal of Bid..........ccccscccssesssssscssssessssssecsesersecstsucsesecasssssessssssvevssseasecs 5
Article 15 - Opening of Bids... ecesessssessssesessessessscstsnssesscscsssssvsusacsseasarsucassassessrsusatsteavsrsansisseseveesevensens 5
Article 16 - Bids to Remain Subject to Acceptance........c.ccccsccccssescsssssscssssssesssossessececacsusaussesesessssrestsrssessveves 5
Article 17 - Award of Contract 0.00... ccecsssssssesessssessssssssescsssesscscssscssarsecavscsesucucesassrsassesssasacsesisasssessssasavaverseanes 6
Article 18 - Contract Security 0... ccsessssssssssssessescsesesssssscscscsesesssvsscsvsnsusecsesesusacsensssaearausassssusssevsssecavenenes 6
Article 19 - Signing of Agreement............c.ccccsessssssssssssccssscsscscssssssscsucacasscsecesecassusesavsssasssarsrsisssasessssaeneasaveees 6
Article 20 - Retainage oo... eessssssesessssesssesesscsconsssssscscsssscsessavssvsusesacatsesscacassusucatassecaeasusasessesasivavareeveveees 7
Article 21 — Appeal by Bidders... ceesssssssssessssesssscsccsssesseccssscscsucsesusacascesseseesesssussusisassusaesiseusevseceveseeses 7

IB - 1 of 7

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 MANDATORY PRE-BID CONFERENCE

4.01 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. 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
for Bids. Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.

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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. It is the Bidder’s responsibility to determine from the City website if
Addendas have been issued.

ARTICLE 7 BD 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 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.

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
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

IB-3 of 7

10.03

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

11.01

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

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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.

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, a sample contract for execution, and a submission packet. The submission packet
includes the Bid Form, the Construction Contractor’s Qualification Statement, the Bid Schedule
of Values, and signed cover page of each OWNER issued Addendum. Each prospective Bidder

must complete and submit all submission package documents and accompany the submission
with the Bid Bond.

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 plainly
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 to City of Nashua
Purchasing Department, 229 Main Street, Room 128, Nashua, NH, 03061.

ARTICLE 14 MODIFICATION AND WITHDRAWAL OF BID

14.01 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.

14.02 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.

ARTICLE 15 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.

ARTICLE16 BIDS TO 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.

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ARTICLE17 AWARD OF CONTRACT

1701 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.

ARTICLE18 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.

ARTICLE 19 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
10 days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a
complete set of drawings with appropriate identification.

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

IB -6 of 7

ARTICLE 20

RETAINAGE

The OWNER shall not retain a portion of progress payments on this contract.

APPEAL BY BIDDERS

20.01
ARTICLE 21
21.01
A.
B.
C.
D.
E.
21.02
21.03
21.04

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

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

Describe, in the written protest, the issues to be addresses on appeal.

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 determination is made
on the appeal.

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.

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

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.

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 OWNERbecause of the unsuccessful appeal.

OWNER is not liable 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