Finance Committee - Agenda - 3/17/2021 - P282
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 the contract, the contract shall follow the requirements of the MUTCD at all roadway
construction work zones.
The City 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.
G. The City may conduct discussions with responsible Bidders prior to selection. The selected Contractor shall begin
performance upon receipt of an executed contract, a valid purchase order issued from the City, and the issuance of
a “Notice to Proceed".
The City may reject any and all responses 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.
Working on behalf of the City, the Successful Bidder shall be consistent with State and Federal statutes and be an
advocate for the City throughout the project.
The Successful Bidder shall meet all requirements of the Americans with Disabilities Act.
The Successful Bidder should understand that under the New Hampshire Right-to-Know Law, all documents
submitted in response to this request, including financial information, are considered public information and will be
made available to the public upon request, unless specifically exempted under the law.
Any Bidder submitting a bid may appeal a pending award prior to award by the City. The appellant must:
a. Submit a written protest to the City’s Purchasing Manager within five (5) business days after the bid opening.
b. Describe, in the written protest, the issues to be addressed on appeal.
c. Post, with the written protest, a bond with a surety meeting the requirements of authorization to do business in
this state or submit other security in a form approved by the City who will hold the bond or security until a
determination is made on the appeal.
d. Post the bond or other security in the amount of 25% of the total dollar value of the appellant's bid, up to a
maximum bond or other security amount of $250,000.00.
e. Not seek any type of judicial intervention until the City has rendered its final decision on the protest. The City will
stop award actions until after the City'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 Aldermen, who will
render a final decision for the City. No award protests will be heard by the Board of Aldermen 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 City because
of the unsuccessful appeal. The City is not liable for any costs, expenses, attorney's fees, loss of income, or other
damages sustained by the appellant in a bid appeal process.
M. The City assumes no liability for the payment of costs and expenses incurred by any Bidder in responding to this
request. All bids become sole property of The City. This is not a contract and shall not be interpreted as such but
rather serves as an instrument through which qualifications and cost proposals are solicited.
IFBO660-012821 2021 Paving Program - Arterial and Collector Roadways Pagel5of6