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B-2.1
AGREEMENT
THIS AGREEMENT, made this day of
the City of Nashua, New Hampshire, hereinafter called "OWNER" and
(Name of Owner)
Electrical Installations, Inc _ doing business as-fani+ndtvidual)-erta-partnership.-or(a
corporation) hereinafter called "CONTRACTOR”.
2017 by and between
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned:
1. The CONTRACTOR will commence and complete the project of
Wastewater Treatment Facility SCADA System Upgrades
(Project)
2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the PROJECT described
herein.
3.The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within calendar days after the date of the NOTICE
TO PROCEED unless the period for completion is extended otherwise by the
CONTRACT DOCUMENTS. Completion time for the project will be calculated as
calendar days from the date specified in the NOTICE TO PROCEED as follows:
270 calendar days consecutive calendar days for substantial completion.
365 calendar days consecutive calendar days for final completion.
Liquidated damages will be in the amount of $1,000 for each calendar day of delay from the
date established for substantial completion and $1,000 for each calendar day of delay from
the date established for final completion.
4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT
DOCUMENTS and comply with the terms therein for the sum of
FIVE HUNDRED NINETY-ONE THOUSAND TWO HUNDRED EIGHTY DOLLARS ($591,280)
B-2.2
5. The term "CONTRACT DOCUMENTS" means and includes the following:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(1)
(J)
(K)
(L)
(M)
(N)
(O)
(P)
(Q)
(R)
(S)
(T)
(U)
(V)
ADVERTISEMENT FOR BIDS
INFORMATION FOR BIDDERS
BID
BID BOND
NOTICE OF AWARD
AGREEMENT
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
NOTICE TO PROCEED
CHANGE ORDER(S)
CERTIFICATON OF SUBSTANTIAL COMPLETION
CERTIFICATION OF FINAL COMPLETION
CONTRACTOR'S AFFIDAVIT
CONTRACTOR'S RELEASE
GENERAL CONDITIONS
SUPPLEMENTAL GENERAL CONDITIONS
SPECIAL CONDITIONS
FEDERAL PROVISIONS, RULES, REGULATIONS AND FORMS
DRAWINGS prepared by:
Woodard & Curran, 41 Hutchins Drive, Portland, ME 04102
numbered through , and dated August 2017.
SPECIFICATIONS prepared or issued by:
Woodard & Curran, 41 Hutchins Drive, Portland, ME 04102, and dated_August
2017.
ADDENDA:
No. 1 , dated September 21 ,20 17
No. 2 , dated September 26 ,20 17
No. 2 , dated September 28 ,20 17
6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set
forth in the General Conditions such amounts as required by the CONTRACT
DOCUMENTS.
7.This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
B-2.3
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in_5 copies, each of which shall be deemed an
original on the date first above written.
CITY OF NASHUA —- OWNER
James Donchess, Mayor City of Nashua
Date:
(SEAL)
ATTEST:
Name:
Title:
CONTRACTOR:
By:
(Authorized Representative)
Print Name:
Date:
(SEAL)
ATTEST:
Name:
Title:
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3. The issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereof by OWNER;
4. Use or occupancy of the Work or any part thereof by OWNER;
5. Any acceptance by OWNER or any failure to do so;
6. Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by
ENGINEER;
7. Any inspection, test, or approval by others; or
8. Any correction of defective Work by OWNER.
6.20 Indemnification
A. Regardless of the coverage provided by any insurance, Contractor agrees to indemnify and hold harmless the City,
its agents, officials, employees and authorized representatives and their employees from and against any and all suits,
causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest,
attorneys’ fees, costs and expenses of any kind or nature in any manner caused, occasioned, or contributed to in whole
or in part by reason of any negligent act, omission, or fault or willful misconduct, whether active or passive, of
Contractor or of anyone acting under its direction or control or on its behalf in connection with or incidental to the
performance of this contract. Contractor's indemnity and hold harmless obligations, or portions thereof, shall not
apply to liability caused by the sole negligence or willful misconduct of the party indemnified or held harmless.
B. In any and all claims against OWNER or ENGINEER, agents, officers, directors, partners, or employees by any
employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be
limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for
CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity.
C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of
ENGINEER and ENGINEER’s Consultants or to the officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them arising out of:
The preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys,
Change Orders, designs, or Specifications.
ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the Project at the Site by OWNER’s employees, or let other direct
contracts therefore, or have other work performed by utility Owner’s. If such other work is not noted in the Contract
Documents, then:
1. Written notice thereof will be given to CONTRACTOR prior to starting any such other work; and
2. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any
adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim
may be made therefore as provided in paragraph 10.05.
B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility OWNER
(and OWNER, if OWNER is performing the other work with OWNER’s employees) proper and safe access to the Site
GC - 32 of 55
B-3.1
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
a , hereinafter called Principal,
(Corporation, Partnership or Individual)
and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
(Name of Owner)
(Address of Owner)
hereinafter called OWNER and unto all persons, firms, and corporations who or which may furnish
labor, or who furnish materials to perform as described under the contract and to their successors
and assigns, in the total aggregate penal sum of Dollars,
($ ) in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain contract with the OWNER, dated the day of
20 , a copy of which is hereto attached and made a part hereof for the construction of:
SCADA System Upgrades project
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, and
corporations furnishing materials for or performing labor in the prosecution of the WORK provided
for in such contract, and any authorized extension or modification thereof, including all amounts
due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and
tools, consumed or used in connection with the construction of such WORK, and for all labor cost
incurred in such WORK including that be a subcontractor, and to any mechanic or material man
lienholder whether it acquires its lien by operation of State or Federal Law; then this obligation
shall be void; otherwise to remain in full force and effect.
B-3.2
PROVIDED, that beneficiaries or claimants hereunder shall be limited to the subcontractors, and
persons, firms, and corporations having a direct contract with the PRINCIPAL or its
SUBCONTRACTORS.
PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to the
WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in
any way affect its obligation on this BOND, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS.
PROVIDED, FURTHER that no suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the PRINCIPAL shall have
given written notice to any two of the following: The PRINCIPAL, the OWNER, or the
SURETY above named within ninety (90) days after such claimant did or performed the last of
the work or labor, or furnished the last of the materials for which said claim is made, stating with
substantial accuracy the amount claimed and the name of the party to whom the materials were
furnished, or for whom the work or labor was done or performed. Such notice shall be served by
mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed
to the PRINCIPAL, OWNER, or SURETY, at any place where an office is regularly maintained
for the transaction business, or served in any manner in which legal process may be served in the
state in which the aforesaid project is located, save that such service need not be made by a
public officer. (b) After the expiration of one (1) year following the date on which PRINCIPAL
ceased work on said CONTRACT, it being understood, however, that if any limitation embodied
in the BOND is prohibited by any law controlling the construction hereof, such limitation shall
be deemed to be amended so as to be equal to the minimum period of limitation permitted by
such law.
PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon
amendment to the Contract not increasing the contract price more than 20 percent, so as to bind
the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so
amended. The term "Amendment", wherever used in this BOND and whether referring to this
BOND, the contract or the loan Documents shall include any alteration, addition, extension or
modification of any character whatsoever.
PROVIDED FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
IN WITNESS WHEREOF, this instrument is executed
in
which shall be deemed an original,
this
ATTEST:
By:
(Principal) Secretary
(SEAL)
By:
Witness as to Principal
(Address)
ATTEST:
By
Witness as to Surety
(Address)
B-3.3
counterparts, each one of
(number)
day of , 20
Principal
BY
(Address)
(Surety)
BY
Attorney - in - Fact
(Address)
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State of
New Hampshire.
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