* Payment & Performance Bond: Successful Bidder shall furnish Performance and Payment
Bonds, each in an amount at least equal to the Contract Price, as security for the faithful
performance and payment of all obligations under the Contract Documents. These Bonds
shall remain in effect at least until one year after the date when final payment becomes due,
except as provided otherwise by Laws or Regulations or by the Contract Documents.
Successful Bidder shall also furnish such other Bonds as are required by the Contract
Documents. When Successful Bidder delivers the executed agreements to the City,
Successful Bidder shall also deliver to the City such Bonds as may be required to furnish.
. 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.
. The City may conduct discussions with responsible Bidders prior to selection. Project 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.
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229 Main Street ¢ Nashua, New Hampshire 03061 ¢ Phone (603) 589-3330 ¢ Fax (603) 589-3233