16.05 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.
16.06 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 17. CONTRACT SECURITY
17.01 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 18 SIGNING OF AGREEMENT
18.01 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.
18.02 A fully executed City of Nashua Purchase Order will accompany the fully signed counterpart to
successful Bidder.
ARTICLE 19 RETAINAGE
19.01 The OWNER shall not retain a portion of progress payments on this contract.
ARTICLE 20 APPEAL BY BIDDERS
20.01 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 Purchasing Manager within five (5) workdays
after the bid opening.
B. Describe, in the written protest, the issues to be addresses on appeal.
C. 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.
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 OWNER has rendered its final decision
on the protest.
20.02 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
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