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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

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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;

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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

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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.

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8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of
receiving the award will be retumed within seven days after the Bid opening.

Article 9 — Contract Times

9.01 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 10 — Liquidated Damages

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

Article 11 — Substitute and “Or-Equal” Items

11.01 The Contract, if awarded, will be on the basis of materials and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or
“or-equal” items. Whenever it is specified or described in the Bidding Documents that a
substitute or “or-equal” item of material or equipment may be fumished or used by
CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be
considered by ENGINEER until after the Effective Date of the Agreement. The procedure for
submission of any such application by CONTRACTOR and consideration by ENGINEER is set
forth in the General Conditions and may be supplemented in the General Requirements.

Article 12 — Subcontractors, Suppliers and Others

12.01 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.

12.02 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
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.

12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual,
or entity against whom CONTRACTOR has reasonable objection.

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Article 13 — Preparation of Bid

13.01 The Bid Form is included with the Bidding Documents.

13.02 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.

13.03. 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.

13.04 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.

13.05 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.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 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.

13.08 All names must be typed or printed in black ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which must
be filled in on the Bid Form.

13.10 The address and telephone number for communications regarding the Bid must be shown.
13.11 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 14 — Basis of Bid; Evaluation of Bids

14.01 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.

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.

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14.02 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 15 — Submittal of Bid

15.01 Each prospective Bidder is furnished one copy of the Bidding Documents with one separate
unbound copy each of the Bid Form, and if required, the Bid Bond. The unbound copy of the
Bid Form is to be completed and submitted with the Bid security and the following data:

A. List of Subcontractors
B. Construction Contractor’s Qualification Statement for Engineering Construction

15.02 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, P.O. Box 2019, 229 Main Street, Nashua, NH, 03061-2019.

Article 16 — Modification and Withdrawal of Bid

16.01 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.

16.02 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 17 — Opening of Bids

17.01 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.

Article 18 — Bids to Remain Subject to Acceptance

18.01 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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Article 19 — Award of Contract

19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming,
nonresponsive, unbalanced or conditional Bids. OWNER further reserves the nght 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.

19.02. 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.

19.03 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.

19.04 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..

19.05 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.

19.06 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.

Article 20 - Contract Security

20.01 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 21 — Signing of Agreement

21.01 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.

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Part Ill Price Summary
Competitors Catalog Listings, In-house Estimates, Prior Market Proposed
Quotes Price(s) Price
(Indicate basis for price comparison)
Total
Part IV Direct Labor by Category
14. Insert the appropriate work category in the table below. Work categories would include but not be limited
to those categories shown in the Contract Documents such as design, survey, subsurface, cadastral, O&M
Manual, administration, inspection, record drawings, start-up, special services etc.
Work Heat Heat Digester .
Digester Total
Category Exchanger | Exchanger | Fan . Rate Cost
. . . Fan Bid Hours
Design Bid Design
Project
roles 10 2 12 $62.32 $748
Manager
Project
. 62 4 9 1 76 $35.00 $2,660
Engineer
Project
Engineer 4 4 $52.50 $210
Structural
Project
Engineer 10 36 2 48 $48.50 $2,328
Mechanical
Project
Engineer 30 4 34 $60.00 $2,040
Instrument.
Project
Engineer 6 4 10 $65.00 S650
Electrical
CAD
i 68 36 104 $33.00 $3,432
Technician
Admin.
16 5 21 20.00 420
Assistant ° °
202 8 96 3 309 $12,488

Rev.2020-09

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

Article 22 — Retainage

22.01 Provisions concerning retainage and Contractors’ rights to deposit securities in lieu of retainage
are set forth in the Agreement.

Article 23 — Appeal by Bidders

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

A.

Submit a written protest to the Owner’s contract administrator 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.

23.02 Owner will stay award actions until after the Owner’s contract administrator 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.

23.03 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 Owner because of the unsuccessful appeal.

23.04 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.

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