Search

A Change Order shall be a written order to the CONTRACTOR signed by the OWNER to change
the Work, Contract Sum or Contract Time.

Change Order requests must include material and equipment cost plus labor with a profit margin of
no more than 10%. Change Orders may require approval by the OWNER Board of Public Works
and the OWNER Finance Committee vote prior to proceeding.

The OWNER will have authority to order minor changes in the Work not involving changes in the
Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents,
Such changes shall be written orders and shall be binding on the OWNER and CONTRACTOR.
The CONTRACTOR shall carry out such written orders promptly.

If concealed or unknown physical conditions are encountered at the site that differ materially from
those indicated in the Contract Documents or from those conditions ordinarily found to exist, the
Contract Sum and Contract Time shall be subject to equitable adjustment following authorization of
the OWNER to the charges.

ARTICLE 9~ TIME

1,
2.

Time limits stated in the Contract Documents are of the essence to the Contract.

If the CONTRACTOR is delayed at any time in progress of the Work by changes ordered in the
Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes
beyond the CONTRACTOR’s control, the Contract Time shall be extended by Change Order for
such reasonable time as may be determined.

ARTICLE 11 —- PAYMENTS AND COMPLETION

I,

The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount
payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract
Documents. ioe ie

Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application for
Payment for operations completed: in accordance with the values stated in the Agreement. Such
application shall be supported by such data substantiating the CONTRACTOR’s right to payment
as the OWNER may reasonably require. ° -

Application for Payment performed under this agreement shall be submitted directly to:

City of Nashua
Accounts:Payable.

PO Box 2019

Nashua, NH 03061-2019
Attn:

To facilitate the proper and timely payment of applications, the OWNER requires that all
applications contain'a valid PURCHASE ORDER NUMBER.

The CONTRACTOR warrants that title to all Work covered by an Application for Payment will
pass to the OWNER no later than the time of payment. The CONTRACTOR further warrants that
upon submittal of an Application for Payment, all Work for which Certificates for Payment have
been previously issued and payments received from the OWNER shall, to the best of the
CONTRACTOR’s knowledge, information and belief, be free and clear of liens, claims, security
interests or other encumbrances adverse to the OWNER’s interests.
OWNER shall make payments, for work satisfactorily completed and accurately invoiced, on the
basis of CONTRACTORs Application for Payment, within 30 days of approval by the OWNER.
The CONTRACTOR shail promptly pay each SUBCONTRACTOR and material supplier out of
the amount paid to the CONTRACTOR on account of such entities’ portion of the Work,
The OWNER shall have no responsibility for the payment of money to a SUBCONTRACTOR or
material supplier.

Page 6 of 10

8.

10,

11.

12.

An Application for Payment, a progress payment, or partial or entire use or occupancy of the
project by the OWNER shall not constitute acceptance of Work not in accordance with the
requirements of the Contract Documents.

Substantial completion is the stage in the progress of the Work when the Work or designated
portion thereof is sufficiently complete in accordance with the Contract Documents so the OWNER
can occupy or utilize the Work for its intended use.

When the Work or designated portion thereof is substantially complete, the CONTRACTOR and
OWNER shall establish responsibilities for completion and shall fix the time within which the
CONTRACTOR shall finish all items on the list accompanying the Certificate. Warranties required
by the Contract Documents shall commence on the date of Substantial Completion of the Work or
designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
Upon receipt of a final Application for Payment, the OWNER will inspect the Work. When he
finds the Work acceptable and the Contract fully performed, the OWNER will promptly issue a
final Certificate for Payment.

Acceptance of final payment by the CONTRACTOR, a SUBCONTRACTOR or material supplier
shall constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 11—- RETAINAGE

1. The OWNER will retain a portion of the progress payment, each month, in accordance with the
following procedures:

2.

a. The OWNER will establish an escrow account in the bank of the OWNER’S choosing.
The account will be established such that interest on the principal will be paid to the
CONTRACTOR. The principal will be the accumulated retainage paid into the account by
the OWNER. The principal will be held by the bank, available only to the OWNER, until
termination of the contract. i;

b. Until the work is:50% complete, as determined by the ENGINEER, retainage shall be
10% of the monthly payments claimed. The computed amount of retainage will be
deposited in the escrow account established above.

c. After the work is 50% complete,:and provided the CONTRACTOR has satisfied the
ENGINEER in quality and timeliness of the work, and provided further that there is no
specific cause for withholding additional retainage no further amount will be withheld. The
escrow account will remain at the same balance throughout the remainder of the project.

Upon final completion and acceptance of the Work, OWNER shall hold 2% retainage during the 1
(one) year warranty period and release it only after the project has been accepted.

ARTICLE 12— PROTECTION OF PERSONS AND PROPERTY

1.

The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs, including all those required by law in connection with performance of
the Contract. The CONTRACTOR shall promptly remedy damage and loss to property caused in
whole or in part by the CONTRACTOR, or by anyone for whose acts the CONTRACTOR may be
liable.

ARTICLE 13 ~ CORRECTION OCF WORK

1.

The CONTRACTOR shall promptly correct Work rejected by the OWNER as failing to conform to
the requirements of the Contract Documents. The CONTRACTOR shall bear the cost of correcting
such rejected work

In addition to the CONTRACTOR’s other obligations including warranties under the Contract, the
CONTRACTOR shall, for a period of one year after Substantial Completion, correct work not
conforming to the requirements of the Contract Documents.

Page 7 of 10

3. Ifthe CONTRACTOR fails to correct nonconforming Work within a reasonable time, the OWNER
may correct it and the CONTRACTOR shall reimburse the OWNER for the cost of the correction,

ARTICLE 14 ~ PROHIBITED INTERESTS

CONTRACTOR shall not allow any officer or employee of the OWNER to have any indirect or direct
interest in this contract or the proceeds of this contract. CONTRACTOR warrants that no officer or
employee of the OWNER has any direct or indirect interest, whether contractual, non-contractual, financial
or otherwise, in this contract or in the business of the CONTRACTOR. CONTRACTOR also warrants that
it presently has no interest and that it will not acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required to be performed under this contract.
CONTRACTOR further warrants that no person having such an interest shall be employed in the
performance of this contract. If any such interest comes to the attention of: CONTRACTOR at any time, a
full and complete disclosure of the interest shall be immediately made in writing to the OWNER. If
OWNER determines that a conflict exists and was not disclosed to the OWNER, it may terminate the
contract at will or for cause.

ARTICLE 15 —- TERMINATION OF THE CONTRACT

1. Termination, Abandonment, Or Suspension At Will. The OWNER, in its sole discretion, shall
have the right to terminate, abandon, or suspend all or part of the project and contract at will. If the
OWNER chooses to terminate, abandon, or suspend all or part of the project, it shall provide
CONTRACTOR 10 day’s written notice of its intent to do so.

If ail or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or that part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, CONTRACTOR shall:

a. Immediately discontinue work on the date and to the extent specified in the notice.
b. Provide the OWNER with a list of all unperformed services.
c. Place no further orders or sub-contracts for materials, services, or facilities, other than as

may be necessary or required for completion of such portion of work under the contract that
is not terminated.

d. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to
the OWNER of all orders or sub contracts to the extent they relate to the performance of
work terminated, abandoned, or suspended under the notice, assign to the OWNER any
orders or sub contracts specified in the notice, and revoke agreements specified in the
notice.

e. Not resume work after the effective date of a notice of suspension until receipt of a written
notice from the OWNER to resume performance.

In the event of a termination, abandonment, or suspension at will, CONTRACTOR shall receive all
amounts due and not previously paid to CONTRACTOR for work satisfactorily completed in accordance
with the contract prior to the date of the notice and compensation for work thereafter completed as specified
in the notice. No amount shall be allowed or paid for anticipated profit on unperformed services or other
unperformed work.

2. Termination for Cause. This agreement may be terminated by the OWNER on 10 calendar day’s
written notice to CONTRACTOR in the event of a failure by CONTRACTOR to adhere to any or
all the terms and conditions of the contract or for failure to satisfactorily, in the sole opinion of the
OWNER, to complete or make sufficient progress on the work in a timely and professional manner,
CONTRACTOR shall be given an opportunity for consultation with the OWNER prior to the
effective date of the termination. CONTRACTOR may terminate the contract on 10 calendar days
written notice if, through no fault of CONTRACTOR, the OWNER fails to pay CONTRACTOR

Page 8 of 10

for 45 days after the date of approval by the OWNER of any Application for Payment.

Upon receipt of notice of termination for cause, CONTRACTOR shall:

a. Immediately discontinue work on the date and to the extent specified in the notice.
b. Provide the OWNER with a list of all unperformed services.
C. Place no further orders or sub-contracts for materials, services, or facilities, other than as

may be necessary or required for completion of such portion of work under the contract that
is not terminated.

d. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to
the OWNER of all orders or sub contracts to the extent they relate to the performance of
work terminated, abandoned, or suspended under the notice, assign to the OWNER any
orders or sub contracts specified in the notice, and revoke agreements specified in the
notice.

e. Not resume work after the effective date of a notice of termination unless and until receipt
of a written notice from the OWNER to resume performance.

In the event of a termination for cause, CONTRACTOR shall receive all amounts due and not previously
paid to CONTRACTOR for work satisfactorily completed in accordance with the contract prior to the date
of the notice, less all previous payments. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work. Any such payment may be adjusted to the extent of any
additional costs occasioned to the OWNER by reasons of CONTRACTOR's failure. CONTRACTOR shall
not be relieved of liability to the OWNER for damages sustained from the failure, and the OWNER may
withhold any payment to the CONTRACTOR until such time as the exact amount of damages due to the
OWNER is determined. All claims for payment by the CONTRACTOR must be submitted to the OWNER
within 30 days of the effective date of the notice of termination.

If after termination for the failure of CONTRACTOR to adhere-to any of the terms and conditions of the
contract or for failure to satisfactorily, in the sole opinion of the OWNER, to complete or make sufficient
progress on the work in a timely and professional manner, it is determined that CONTRACTOR had not so
failed, the termination shall be deemed to have been a termination at will. In that event, the OWNER shall,
if necessary, make an adjustment in the compensation paid to CONTRACTOR such that CONTRACTOR
receives total compensation in the same amount as it would have received in the event of a termination-at-
will. :

General Provisions for Termination. Upon termination of the contract, the OWNER may take over the
work and prosecute it to completion by agreement with another party or otherwise. Upon termination of the
contract or in the event CONTRACTOR shall cease conducting business, the OWNER shall have the right
to solicit applications for employment from any employee of the CONTRACTOR assigned to the
performance of the contract. Neither party shall be considered in default of the performance of such
obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control
of such party. Delays arising from the actions or inactions of one or more of CONTRACTOR's principals,
officers, employees, agents, sub-CONTRACTORs, sub consultants, vendors, or suppliers are expressly
recognized to be within CONTRACTOR's control.

ARTICLE 16— DISPUTE RESOLUTION

The parties shall attempt to resolve any dispute related to this contract as follows. Either party shall provide
to the other party, in writing and with full documentation to verify and substantiate its decision, its stated
position concerning the dispute. No dispute shall be considered submitted and no dispute shall be valid
under this provision unless and until the submitting party has delivered the written statement of its position
and full documentation to the other party. The parties shall then attempt to resolve the dispute through good
faith efforts and negotiation between the OWNER Representative and the CONTRACTOR Representative.
At all times, CONTRACTOR shall carry on the work under this contract and maintain and complete work
in accordance with the requirements of the contract or determination or direction of the OWNER. If the
parties are unable to resolve their dispute as described above within 30 days, the parties may request that the

Page 9 of 10

dispute be submitted to the Board of Public Works for resolution. If the parties are dissatisfied with the
decision of the Board of Public Works, the parties’ reserve the right to pursue any available legal and/or
equitable remedies for any breaches of this contract except as that right may be limited by the terms of this
contract.

ARTICLE 17— CHOICE OF LAW AND VENUE

This contract shall be governed exclusively by the laws of the State of New Hampshire and any claim or
action brought relating to this contract, the work performed or contracted to be performed thereunder, or
referable in anyway thereto shall be brought in Hillsborough County (New Hampshire) Superior Court
Southern Judicial District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere

ARTICLE 18—- MISCELLANEOUS PROVISIONS

1. Neither party to the Contract shall assign the Contract as a whole without written consent of the
other.

2. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by
laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made
at an appropriate time.

3. Ifadditional testing is required, the CONTRACTOR shall perform these tests.

4. The OWNER shall pay for tests except for testing Work found to be defective for which the
CONTRACTOR shall pay.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) CONTRACTOR (signature)

James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

Page 10 of 10

) THE CITY OF NASHUA The Cate City"

Financtal Services

Purchasing Department

September 1, 2017
Memo #17-035

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF TEN (10) SETS OF GLOBE CLASSIC METRO ADVANCE PERSONAL
PROTECTIVE EQUIPMENT (PPE) (VALUE: $17,900)
DEPARTMENT: 152 FIRE; FUND: GENERAL FUND OPERATING BUDGET

Please see the attached communication from Deputy Fire Chief George A. Walker to Brian Rhodes,
Assistant Chief of Nashua Fire Rescue dated June 27, 2016 for information related to this request.
Pursuant to NRO § 5-84. Special purchase procedures. A. The competitive bidding process shall not
apply to the following special purchases: (7) Purchases under extensions of contracts when no price

increase exceeds 10%.

Nashua Fire Rescue and the Purchasing Department recommend the purchase of these products from
Bergeron Protective Clothing of Epson, NH in the amount of $17,900.

Respectfully,

Gpile—

~ Dan Kooken
Purchasing Manager

Ce: S. Galipeau B. Rhodes G. Walker J. Graziano

229 Main Street e Nashua, New Hampshire 03061 » Phone (603) 589-3330 e Fax (603) 589-3344

a A pm Ete , - Deputy Chief Gearge Walker
Nashua Fire Rescue Group 2. Station 4
Adminisirative Office Nashua Fire Rescue
70 East Hollis Street, Nashua, NH 03060 _—«(603) 594-3648

www.nashuafire.com Walkera@nashuanh.gov

To: Brian D. Rhodes, Assistant Chief of Department
From: George A. Walker, Deputy Fire Chief

Re: PPE Procurement (Sept. 2016)

Date: June 27, 2016

Chief Rhodes,

1 am requesting permission to move forward with the procurement of 10 (Ten) sets of
Personal Protective Equipment (PPE) from Bergeron Protective Clothing of Epsom, NH. The
quoted price per set is $ 1,784.21 for a total of $ 17,900.00, including shipping. This is an
increase over last year of $83.55 per set, which is below the contracted price increase of no
more that 5% through June 30, 2017.

This pricing is part of a 3 year contracted price increase of no more than 5% per year,
through June 30, 2019.

The 10 sets will be issued to existing members per our current replacement schedule. |
have included the specifications for the PPE that will be manufactured by Globe
Manufacturing, a New Hampshire Company.

Respectfully,

henge a lrthz,

George A. Walker
Deputy Fire Chief

HOKe- &kO1T

BERGERON

PROTECTS ELOTHIANES

/Va shite

QUOTATION

Doc. Date: 05/27/2016

‘ a limited ability company Payment Terms : NET30

1024 Suncook Valley Hwy., Unit 5-D
Epsom NH, 03234

TEL: 603.736.8500
www.BergeronProtectiveClothing.com

Vaiid Until: =: 06/30/2017
Customer FO:
Salesperson : Maureen Gnecco

Page: Page 1 of 3

Bill To Ship To:

Nashua Fire Rescue Deputy George Walker
City Of Nashua 70 Hollis East Street
Attn: Accounts Payable Nashua NH 03060-0306
PO Box 2079

Nashua NH 03061-2019

enn

711/16 -6/30/17 Quote for Globe ivietro Jacket and G-Xtreme 3.0 pants. Annual price increase not to exceed

5% from 7/1/16 through 7/1/19

t 2 s 4 See pepe ie a as ea aS he a nei Sie « meaty Hizey : Ae,
A K27LMBM _—_ Globe Classix Metro Jacket, Advance

‘ iD Color: Gold
-Advance Outer shell
-Caldura SL2i Thermal Liner
-Crosstech Black Moisture barrier
-3-inch Lime/yellow triple trim NYC style
{officers red/orange}
-3-inch Scotchlite letters arched row B: "NASHUA"
-Snaps in/Hook and Dee out closure
-2 x10 x 6 half high pockets
~Full Kevlar lined pockets
-Suniance Flashlight holder-right chest
-Self mic strap on stormflap, top slanted towards left
side
-Self mic strap above utility pocket
-Utility pocket 2x4x8 left chest
-Black Gemini XT cuffs
-Nomex wrister with thumb loop
-Crosstech adjustabie sleeve wells
-No trim on bottom of extended back

1 KO?LMB Globe, Classix Metro Jacket, Brigade 750 {aka Nomex)

Color: White
Trim Color: Red Orange

betaine SN Oi rae No get a ree te
. gg ie eee tS. eae |S ye Pelee
ee

Se ager. +

as POTN dae Diet aiptita ae

Your Coat
1,006.89

978.68

Financing options available on some turnout gear purchases Prices quoted do not include shipping and handling. Shipping is FOB factory. This quote
is based on current prices which are subject io change by the Manufacturer without notice. TERMS are NET 30 DAYS.

From: BERGERON PROTECTIVE CLOTHING LLC Document No.: 200533
To, Nashua Fire Rescue Doc. Date: 05/27/2016

| Quantiiy < Style _

. ” : Description eA oe ae tae Your Cast
For Chief's Officers
-Nomex Outer shell
-Caidura SL2i Thermal Liner
~Crosstech Black Moisture barrier
-3-inch Red/Orang triple trim NYC style
-3-inch Scotchlite letters arched row B: "NASHUA"
-Snaps in/Hook and Dee out closure
-2 x10 x 6 half high pockets
-Full Keviar lined pockets
-Sunlance Flashlight holder-right chest
-Self mic strap on stormflap, top slanted towards left
side
~Self mic strap above utility pocket
-Utility pocket 2x4x8 left chest
-Black Gemini XT cuffs
-Nomex wrister with thumb loop
-Crosstech adjustable sleeve wells
-No trim on bottom of extended back
4 19721 Letier, 3" Scotchlite

Add $2.45/letter to add last name to tail of jacket or rank to jacket. Letters sewn directly

onto jacket
(officers are red/orange)
"DEPUTY CHIEF" two lines, row E &émme: F

Ai-~. 227LMB Globe, G-Xtreme 3.0 Pant, Advance Globe Quotation 777.32
x DO. Color: Gold
— -Advance

-Caldura SL2i Thermal Liner
-Crosstech Black Moisture Barrier
-3-inch Lime/yellow triple trim at cuff
(officers red/orange)
-Zipper/Veicro fly closure
-Nomex beit closure
-Dragon hide knees
-Silizane padded knees sewn on liner
-2x10x10 pockets
-Keviar lined expansion pockets
-Black Gemini XT self cuffs
4 237LMB Globe, G-Xtreme 3.0 Pant, Black PCA Advance Globe Quotatior 795.28

Color: Black
Trim Color: Red Orange

Financing options available on some turnout gear purchases. Prices quoted do not include shipping and handling. Shipping is FOB factory. This quote
is based on current prices which are subject to change by the Manufacturer withoul notice. TERMS are NET 30 DAYS.

From: BERGERON PROTECTIVE CLOTHING LLC

Ta, Nashua Fire Rescue

. Styfe

_ Quantity

Chief Officers only

Black Advance

-Caidura SL2i Thermal Liner
-Crosstech Black Moisture Barrier
-3-inch red/orange triple trim at cuff
-Zipper/Velcro fly closure

-Nomex belt closure

~Dragon hide knees

-Silizone padded knees sewn on liner
-2X10x10 pockets

-Keviar lined expansion pockets
~Black Gemini XT self cuffs

Document No.: 200533
Doc, Date: 05/27/2016

Your Cest

Financing options available on some turnout gear purchases. Prices quoted do not include shipping and handling. Shipping is FOB factory. This quote

is based on current prices which are subject to change by the Manufacturer wi

thout notice. TERMS are NET 30 DAYS,