B. CONTRACT
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NOTICE OF AWARD
Dated , 20
TO:
(BIDDER)
OWNER’S PROJECT NO. IFB0292-041017
PROJECT: HVAC Upgrades
OWNER’S CONTRACT IFB0292-041017
CONTRACT FOR: HVAC Upgrades
OWNER’S PROJECT NO. IFB0292-041017
You are notified that your Bid dated for the above Contract has been
considered. You are the apparent successful bidder and have been awarded a contract for:
(Indicate total Work, alternates or sections of Work awarded)
The Contract Price of your contract is
Dollars ($ ).
1 copy of the proposed Contract Document (except Drawings) accompany ’s this Notice of Award
You must comply with the following conditions precedent within ten days of receiving this Notice
of Award.
1. You must deliver an executed Agreement, the Contract Security (Bonds), and the Certificate of
Liability Insurance as specified in the Information for Bidders and General Conditions.
3. (List other conditions precedent).
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Failure to comply with these conditions within the time specified will entitle OWNER to consider
your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.
Within ten days after receipt of acceptable performance BOND, payment BOND and agreement
signed by the party to whom the Agreement was awarded, the OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
City of Nashua NH
(OWNER)
(AUTHORIZED SIGNATURE)
(ITTLE)
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the day of in the year 2017 by and between the City of
Nashua, New Hampshire (hereinafter called OWNER) and Monadnock Building Compnay, of Jaffrey, NH and its
successors, transferees and assignees together hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
The replacement or installation of several HVAC units at the Nashua Wastewater Treatment Facility (NWTF).
located at 2 Sawmill Road, Nashua, NH 03060. In addition to replacing or installing the HVAC units, all associated
ductwork, fans, controls, valves, traps. piping. lighting, electrical conduit and wire as well ceilings will need
to be replaced or installed in the affected areas.
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by: Wright-Pierce
230 Commerce Way
Suite 302
Portsmouth, NH 03801
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection
with completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Duaration; Substanial Completion
A. The Work will begin once a written “ Notice to Proceed” is issued. Substantial Completion shall be
within 270 calendar days and Final Completion shall be within 300 calendar days.
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B. Substantial Completion occurs when all work is complete except punch list items. The Contract
Times commence on the day indicated in the “Notice to Proceed”. Final Completion occurs when all work is
completed and ready for final payment, in accordance with paragraph 14.07 of the General Conditions.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that
OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus
any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the
delays, expense and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is
not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER ONE THOUSAND dollars
($1,000) for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until
the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to
complete the remaining Work within the time specified in paragraph 4.02 for completion and readiness for final
payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER ONE THOUSAND
dollars ($1,000) for calendar cach day that expires after the time specified in paragraph 4.02 for completion and
readiness for final payment until the Work is completed and ready for final payment.
B. In the event that the CONTRACTOR fails to pay OWNER the specified liquidated damages amount
within thirty (30) days of CONTRACTOR's being notified of said damages, OWNER may deduct the amount of the
assessed liquidated damages from the final payment or retention withheld pursuant to Article 14 of the General
Conditions.
ARTICLE 5 - CONTRACT PRICE
5.01 Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR, in accordance
with the Contract Documents, the Contract Sum of:
EIGHT HUNDRED NINETY-SIX THOUSAND NINE HUNDRED FIFTY-SIX DOLLARS
($ 896,956.00 )
The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work
determined below:
A. for all Unit Price Work, an amount equal to the sum of the established Unit Price for each separately
identified item of Unit Price Work times the estimated quantity of that
1tem, as indicated in the attached Bid Schedule;
B. as provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of
the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
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B. CONTRACTOR shall submit Applications for Payment under this agreement directly to:
City of Nashua
Attn: Accounts Payable
PO Box 2019
Nashua, NH 03061-2019
Atten: William Keating
To facilitate the proper and timely payment of applications, the City of Nashua requires that all invoices contain
a valid PURCHASE ORDER NUMBER.
6.02 Progress Payments; Retainage
A. Progress Payments. The OWNER will once each month make a progress payment to the
CONTRACTOR on the basis of an estimate of the total amount of work done to the time of the estimate and its value as
prepared by the CONTRACTOR and approved by the ENGINEER. All such payments will be measured by the
schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no schedule of values, as provided in the General
Requirements.
B. Retainage. The OWNER will retain a portion of the progress payment, each month, in accordance
with the following procedures:
1. 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.
2. 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.
3. 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.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General
Conditions, OWNER shall hold 2% retainage during the 1 (one) year warranty period and release it only after the
project has been accepted.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
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C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all Gf any): (1) 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 (2) reports and drawings of
Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions.
CONTRACTOR is entitled to rely upon the general accuracy of the “technical data” as provided in paragraph 4.2 of the
General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and
may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER
do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the
Contract Documents with respect to Underground Facilities at or contiguous to the site.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done 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, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety
precautions and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all
additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement;
2. General Conditions:
3. Special Conditions;
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4. Bid Bond;
5. Bid;
6. Performance Bond;
7. Payment Bond;
8. Certificate of Insurance
9. Technical Specifications as listed in Table of Contents
10. Addenda (numbers to ___, inclusive);
11. Exhibits, as listed in the Table of Contents, to this Agreement
12. The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:
a. Written Amendments
b. Change Order(s)
13. Fully Executed City of Nashua Purchase Order
B. The documents listed in paragraph 8.01.A are attached to this Agreement (except as expressly noted
otherwise above).
C. There are no Contract Documents other than those listed above in this Article 8.
D. The Contract Documents may only be amended, modified or supplemented as provided in paragraph
3.04 of the General Conditions.
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to
the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.03 Successors and Assigns
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A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER
and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
9.05 Choice of Law and Venue
A. This agreement 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
Address for giving notices to Owner: Address for giving notices to Contractor:
Division of Public Works
9 Riverside Street
Nashua, NH 03062
Agent for service of process:
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have
been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.
CITY OF NASHUA —- OWNER
James Donchess, Mayor City of Nashua
Date:
CONTRACTOR:
(Authorized Representative)
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Print Name:
Date:
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