Search

City of Nashua

Administrative Services Division (603) 589-3020
229 Main Street - Nashua, NH 03060

To: Mayor Donchess
Finance Committee

Date: June 27, 2022

Re: Telvue Care Contract FY23 & FY24

This request is for the approval of a multiyear contract with Telvue Care for the maintenance and
support of the City of Nashua’s Hypercaster Playback server.

Funding: PEG Access 22.2505-— 54280 Equipment and Maintenance.

Five years ago, the City of Nashua purchased a Telvue Hypercaster playback server which provides
recording of live meeting content, storage for programming, scheduling and playback for all three
PEG Channels. This equipment is now 5 years old and the original purchase included three years of
complimentary TelVue Care. Two years ago the City purchased an extended warranty program and
that contract ends on June 30, 2022. Nashua CTV is requesting an additional two contract, totaling
$15,500 which will provide Software updates, Hardware support and maintenance, Technical and
email support, Telephone support and Emergency after-hours support. The Cable Television

Advisory Board approved this purchase on June 10, 2022.

Currently the funds are budgeted in the FY23 — Equipment Repairs and Maintenance line.

Kimberly Kleiner

Kimberly Kleiner
Administrative Services Division Director

Ce: K. Parkinson

THE CITY OF NASHUA “The Gate Cty’

Fraancial Services

Purchasing Departrent

March 6, 2020
INVITATION TO BID

2020 PAVEMENT PRESERVATION PROGRAM
IFB0265-040320

The City of Nashua, NH invites qualified firms to submit bids for the 2020 Pavement Preservation Program Contract. The
work will be at various street locations throughout the City of Nashua and consists primarily of crack sealing. The
Contract will be awarded following approval by both the Board of Public Works and the Finance Committee.

The City of Nashua reserves the right to substitute work of similar nature or to add additional work subject to the contract
amendment process.

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

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

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

Completion times for the project will be as follows:

Substantial completion shall be by August 21, 2020. Substantial completion is defined in Section 1.01 of the General
Terms and Conditions.

Contract completion shall be by September 30, 2020.

INFORMATION FOR BIDDERS:

The City is now accepting submittals electronically via Bid Express. Please review the attachments, Bid Express Vendor
Guide and Vendor Set-up Guide for more information. If a Bidder chooses to submit a paper copy, they must submit one
(1) original and two (2) copies c/o Central Purchasing, 229 Main Street, Nashua, Room 11 - Basement Floor, Nashua,
NH, 03061, in sealed envelopes clearly marked “IFB0265-040320 2020 Pavement Preservation Program”. Regardless
of the method of submission, bids must be received no later than 3:00 pm on Friday, April 03, 2020. Bids will be opened
and publicly read at that time. Results showing all bidders’ identities and their respective bid amounts will be available on
our website, www.nashua.gov under Services; Bid Opportunities; Bid Results, (Refer to Document IFB0265-040320),
within twenty-four (24) hours after the opening.

iFBO265-040320 2020 Pavement Preservation Program
229 Main Street « Nashua, New Hampshire 03061 « Phone (603) 589-3330 « Fax (603) 589-3233

Beginning Friday, March 06, 2028 bid documents will be available electronically from the City of Nashua
website: www.nashuanh.gov, under Services, Bid Opportunities; Current Bids; (Refer to Document IFB0265-

040320). Please note paper copies will not be available,

No bid documents are available at the Central Purchasing.

A Non-Mandatory pre-bid conference will be held at 10:0 am on Wednesday, March 11, 2020 at the City of Nashua
Division of Public Works, 9 Riverside Street, Nashua, NH 03062. The meeting is an opportunity for the City of Nashua to
provide an overview the project objectives, and for participants to request additional information directly from City of
Nashua staff managing or participating in the project. Bidders are encouraged to attend and participate in the conference.

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

The City of Nashua may reject any or all of the bids on any basis and without disclosure of a reason. The failure to make
such a disclosure shall not result in accrual of any right, claim or cause of action by any unsuccessful bidder against the
City of Nashua. The City of Nashua reserves the right to waive any irregularities when the public interest will be served
thereby.

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

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

Postmarks or other timestamps will not be accepted in lieu of actual delivery. The firm can use whatever delivery
mechanism it chooses as long as it remains clear that the firm is responsible for submissions prior to the date and time.

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

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

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.

All bids are binding for ninety (90) days following the deadline for bids, or until the effective date of any resulting

contract, whichever is later.

The contract that the City will be executing with the successful bidder can be found in the Construction
Specifications and Contract Documents.

IFB0265-040320 2020 Pavement Preservation Program
Page | 2

The project timeline is as follows:

Date Time/Location
Bid Documents Friday, March 06, 2020 City Website and Bid Express
10AM
Non-Mandatory Pre-bid Meeting Wednesday, March 11, 2020 DPW Engineering

9 Riverside Street, Nashua, NH

Deadline for Questions to be

submitted in writing Wednesday, March 18, 2020 3PM
Answers/clarifications posted Monday, March 23, 2020 NOON
Bid Due Friday, April 03, 2020 3:00 PM Purchasing Department

Vendors are encouraged to submit questions via email; however, the City of Nashua assumes no liability for assuring
accurate/complete email transmission/receipt and is not responsible to acknowledge receipt. Inquiries must be submitted
in writing, citing the IFB title, IFB number, Page, Section, and received no later than 3PM on Wednesday, March 18,
2020.
Mark Saunders
Senior Staff Engineer
Email: SaundersM@NashuaNH.gov

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 IFB0265-040320 the City of Nashua website; www.nashuanh.gov, under Services; Bid
Opportunities; Current Bids; (Refer to Document IFB0265-040320) no later than 12 NOON on Monday, March 23,
2020.

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
32,000,000 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.

IFB0265-040320 2020 Pavement Preservation Program
Page | 3

The City of Nashua may, at any time, order the Contractor Lo stop work, suspend the contract or terminate the contract for
non-compliance. All subcontractors are subject to the same insurance requirements as the Contractor.

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

Cost of bond premiums to be incorporated into the bid item costs.

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 biadegradable, van be or have becn 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.

~ a em
a Ce ’
. fs

SN

a ne

\
eer

Amy Girard
City of Nashua Purchasing Agent

girardai@:nashuanh,.goy
Phone: 603-589-3330

(FB0265-040326 2020 Pavement Preservation Programm
Page | 4

DIVISION 2

INSTRUCTIONS FOR B

TABLE OF CONTENTS

INSTRUCTIONS FOR BIDDERS

Page
Article 1 - Defined Terms oo... cc ccseceesessseresenescsnseecssseseecsessestsnssaeseseseveseeacsessssacassasaesesasesanecsesesssaecscseegiees 2
Aaticle 2 - Copies of Bidding Document .........ccusssscssssssesssssseseseescsesssscsnssesnssuecsateasesecststeectesessssesesstsesseseates 2
Article 3 - Qualifications of Bidders. ..........ccccccccccceesesessssessseeececeaeseseeeseenvacaencseseeeauersasavscsatssennsssssavaseasaesesaesve 2
Article 4 - Pre-bid Conference oo... ccesessesesssecesesesesesessecsceeseesesssescsesescscscseeisseseseaeaavavsvavsesueuseuavavseensavenstanes 2
Article 5- Site and Other Areas........cccesecscsesesssssescsesesesesesssenescsacseseseeesesesesessesessuenssceccscsesesenseeenseveveverscanerrees 2
Article 6 - Interpretations and Addemda.........e.cccsssescssssscsessssssessssssssassesseseesssssesasasscecesssessesccseerseceesseeaeeeses 2
Article 7 - Bid Security 20... ccecccceccceccccceeeseseceseseseeesesesescesceescacaeneseeassseeneseareesuvensneverausesescsvinaeausueesavansusesnes 3
Article 8 - Contract TH GS 0... i cceccscsesesscsesecsecsesceeceeescesesseeecsesenesssceesscseqesnssersernriseverarassessesmseesurnusesevinsneses 3
Article 9 - Liquidated Damages ........c.ccsessseeeseessssesessseenssessseseacscssenesecesssesceesessseececsnsesersscnnntarscirataceravanians 3
Article 10 - Subcontractors, Suppliers and Others... ceccessesesssescsesecsceeseecscseecsesnesesessescaseesesenesceenseaes 3
Article 11 - Preparation Of Bid... cccsesessesscsssscsrsssscecsnesescesssssnsacssensscssusesseseusssscsecssecssscseessseceaterenseasennas 4
Article 12 - Basis of Bid; Evaluation of Bids .........cccscscscsscscressssscceesecerssesessnssvsessssuesscuceeeecesssveeeeseseaesenes 4
Article 13 - Submittal Of Bid oo... cece ceesescencsesseacsescensssscaessssesessesesesseussssssusnsasevansssavsotscecscesesesseassesseense 5
Article 14 - Modification and Withdrawal Of Bide... ccccscssscesesesscsescseessecseseeseuseesssessassessnssseusescsesssesseess 5
Article 15 - Opening of Bids... cc ccssesssssssccsscscsssscsencesescescacscescacaceacseeeceseevscsenescesevecaceusaeveseuscsutecsesscanse 5
Article 16 - Bids to Remain Subject to Acceptance.........cccccccssscccsesessesssseccceesesessescensessssaraenseepsdsaevaravecsavarss 6
Article 17~ Award of Comtract .0.0...ccsccccscssesessssscsesescsesecessnesecseseesuesesassnssesesacaesarasscasssssseissssasscseeeseevsceavsveney 6
Article 18 - Contract Security 2.0.0... cccccecececsesesseseessesessssescseescsesaeevscarsusscarsuseasnsscavssescssssssesesevseseessseseeevarese 6
Article 19 - Signing of Agreement... ccc ecceeecessseseseseeseseseeseceeeceenenseeneseannesavavsusessnenesavavasnsacinssisssaseaes 6
Article 20 - Retaimage os eecccessssseesesescreneaesensnseenessnesseseaeceussesusssceseeeecscsesesseacseseeensaegasenneavavaraesaversvetseaeares 7
Article 21 — Appeal Dy Bidders..........cccccsssscsesssscssssssssesssssesessesessssnecssccesessessssssinssessssessinsssivensavsenavseeseseaeees 7

IB- 7 of7

INSTRUCTIONS FOR BIDDERS

ARTICLE 1 DEFINED TERMS

1.0! 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 BEDDING DOCUMENTS

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

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

incomplete sets of Bidding Documents.

ARTICLE 3 QUALIFICATIONS OF BIDDERS.

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

ARTICLE 4 PRE-BID CONFERENCE

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

ARTICLE 5 SITE AND OTHER AREAS

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

ARTICLE 6 INTERPRETATIONS AND ADDENDA

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

iIB-2of7

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

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

ARTICLE 7 Bip SECURITY

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

7.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the
Contract Documents, furnished the required contract security and met the other conditions of the
Notice of Award, whereupon the Bid security will be retuned. 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 $ 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

IB- 3 of 7

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.

ARTICLE li PREPARATION OF BID

11.01

11.02

11.03

11.04

11.05

11.06

11.07

11.08

11.09

11.10

111

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 m the parnership 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 joimt 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,

Ail 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

IB-40f7