Title:
Nashua Police Dept
1] Panther Way
Nashua NH 03062
Date:
Scott D. Willard
Electronic Environments Corporation
410 Forest Street
Marlborough, MA 01752
Date: December 19, 2016
Norman E. Day Inc.
116 Perimeter Road, Nashua, NH 03063
603-880-4601 603-882-7647 fax
Description of Work
1-5-17
Nashua Police
Attn: Gerry Pilon
Re: Switchgear replacement
Gerry
Here is the price that you have requested for replacing the electrical switchgear in the
electric room. Price includes new GE switchboard with breakers to match existing
breakers, removal of existing switchboard and removal from site, installation of new
GE switchboard and extend misc. wiring to new breakers, supply temp 50kw
generator, ali labor and rigging of switchboard, testing and clean up. Please feel free
to call me with any other questions.
Total - $49,675.00
Kevin Boucher
Project Manager
Norman E Day Inc.
Ee
Etectrical Cantractors Since 1934
Ge Saez
ee Maney Tey
January 6, 2017
Nashua Police Department
0 Panther Drive
Nashua, NH 03061
Attn: Gerry Pilon
Reference: 1600 Amp service.
We are pleased to provide our proposal for Scope of work presented.
Qualifications:
Remove (1) existing 1600 amp main distribution panel and dispose.
Supply and install (1) new 1600 amp main distribution panelboard and breakers.
Relocate all existing circuits to new breakers.
Supply and install (1) 50 KW generator to power critical loads during shut down.
Note: Power will be shut down for duration of project.
Job is priced to be done on Saturday.
Proposal is using Cutler Hammer switch gear.
Generator rental includes delivery, pick up and fuel.
Base bid for the above work — $57,227.00
We appreciate the opportunity to quote this work for you. Should you have any questions or concerns,
please do not hesitate to contact the undersigned.
Kind Regards,
John Crafts
Service Manager
C: 603-765-6996
Stellos Electric Supply, Inc.
125 Northeastern Blvd.- PO Box 409- Nashua, NH 03062 - 603-882-3126 FAX 603-882-0128
stelloselectric.com
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
This agreement is made:
BETWEEN the OWNER: City of Nashua, New Hampshire
229 Main Street
Nashua, NH 03060-2019
And the CONTRACTOR: Electronic Environments Corporation
Attn: Scott Willard
410 Forest Street
Marlborough, MA 01752
and its successors, transferees and assignees
(together “CONTRACTOR”)
For the following Project: Nashua Police Department Main Electrical Panel replacement.
ARTICLE 1 — THE CONTRACT DOCUMENTS
The CONTRACTOR shal] complete the work described in the Contract Decuments for this
project. The documents consist of:
i.
Dw ews
7,
This Agreement signed by the OWNER and CONTRACTOR, including the General
Terms and Conditions;
Scope of Work ~ Project Quotation;
Drawings and Specifications provided in the bid documents;
Payment and Performance Bonds ( if applicable);
Insurance Certificate;
Written change orders for minor changes in the Work issued after execution of this
Agreement; and
Fully Executed OWNER Purchase Order
The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, proposals, representations or agreements, either written or oral. Any other
documents which are not listed in this Article are not part of the Contract.
in the event of a conflict between the terms of the Proposals and the terms of this Agreement, a
written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement,
Page 1 of 11
the written change order or the fully executed OWNER Purchase Order shall control over the
terms of the Proposals
ARTICLE 2 — PERIOD OF PERFORMANCE
CONTRACTOR shall perform and complete all work within the time periods set forth and may
only be altered by the parties by a written agreement to extend the period of performance or by
termination in accordance with the terms of the contract. CONTRACTOR shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.
ARTICLE 3 — CONTRACT SUM
Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR,
in accordance with the § Contract Documents, the Contract Sum of:
$48,900.00
The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.
ARTICLE 4 — INSURANCE AND INDEMNIFICATION
CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:
» General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
7 Motor Vehicle Liability: $1,000,000 Combined Single Limit;
*Coverage must include all owned, non-owned and hired vehicles.
> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$ 100,000.
CONTRACTOR and subcontractors at every tier will fully comply with NH RSA Chapter
281-A, “Workers’ Compensation”.
The parties agree that CONTRACTOR shal! have the status of and shall perform all work under
this contract as an independent CONTRACTOR, maintaining control over all its consultants, sub
consultants, or subcontractor’s, The only contractual relationship created by this contract is
between the OWNER and CONTRACTOR, and nothing in this contract shall create any
contractual relationship between the OWNER and CONTRACTOR’s consultants, sub
consultants, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER
employee and that there shall be no:
1. Withholding of income taxes by the OWNER:
2. Industrial insurance coverage provided by the OWNER;
3. Participation in group insurance plans which may be available to employees of the
OWNER;
4, Participation or contributions by either the independent CONTRACTOR or the OWNER
to the public employee’s retirement system;
5. Accumulation of vacation leave or sick leave provided by the OWNER;
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6. Unemployment compensation coverage provided by the OWNER.
CONTRACTOR will provide the OWNER with certificates of insurance for coverage as listed
below and endorsements affecting coverage required by the contract within ten calendar days after
the OWNER issues the notice of award. The OWNER requires thirty days written notice of
cancellation or material change in coverage. The certificates and endorsements for each insurance
policy must be signed by a person authorized by the insurer and who is licensed by the State of
New Hampshire. General Liability and Auto Liability policies must name the OWNER as an
additional insured and reflect on the certificate of insurance. CONTRACTOR is responsible for
filing updated certificates of insurance with the OWNER's Risk Management Department during
the life of the contract.
> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.
» If aggregate limits of less than $2,000,000 are imposed on bodily injury and property
damage, CONTRACTOR must maintain umbrella liability insurance of at least
$1,000,000. All aggregates must be fully disclosed on the required certificate of insurance.
> The specified insurance requirements do not relieve CONTRACTOR of its
responsibilities or limit the amount of its lability 1o the OWNER or other persons, and
CONTRACTOR is encouraged to purchase such additional insurance, as it deems
necessary.
» The insurance provided herein is primary, and no insurance held or owned by the OWNER
shall be called upon to contribute to a loss.
> CONTRACTOR is responsible for and required to remedy all damage or loss to any
property, including property of the OWNER, caused in whole or part by CONTRACTOR
or anyone employed, directed, or supervised by CONTRACTOR.
Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify
and shall defend and hold harmless the OWNER, ils 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, attorney’s 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, defense 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.
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Generai Terms and Conditions
ARTICLE 5 - GENERAL PROVISIONS
I.
The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.
The term “Work” means the construction and services required by the Contract Documents,
and include all other labor, materials, equipment and services provided by the
CONTRACTOR to fulfill the CONTRACTOR’s obligations.
The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the CONTRACTOR. The Contract Documents
are complementary, and what is required by one shall be as binding as if required by all.
in the case of a discrepancy, calculated dimensions will govern over scaled dimensions,
Contract Drawings will govern over Standard Specifications, and Technical Specifications
will govern over both Contract Drawings and Standard Specifications. In the case of a
discrepancy between the Agreement and other Contract Documents, the more specific or
stringent obligation or requirement to the benefit of the OWNER shall take precedence.
The CONTRACTOR shall take no advantage of any apparent error or omission in the
Contract Drawings or Technical Specifications, and the Engineer will be permitted to make
such corrections and interpretations as may be deemed necessary to fulfill the intent of the
Contract Documents.
ARTICLE 6- OWNER
1.
Except for permits and fees, which are the responsibility of the CONTRACTOR under the
Contract Documents, the OWNER shall obtain and pay for other necessary approvals,
easements, assessments and charges.
If the CONTRACTOR fails to correct Work that is not in accordance with the Contract
Documents, the OWNER may direct the CONTRACTOR in writing to stop the Work
until the correction is made.
If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a seven day period after receipt of written notice from
the OWNER to correct such default or neglect with diligence and promptness, the
OWNER may, without prejudice to other remedies, correct such deficiencies. In such
case, a Change Order shall be issued deducting the cost of correction from payments due
the CONTRACTOR.
The OWNER reserves the right to perform construction or operations related to the project
with the OWNER’s own forces, and to award separate contracts in connection with other
portions of the project.
The CONTRACTOR shail coordinate and cooperate with separate CONTRACTORs
employed by the OWNER.
Costs caused by delays or by improperly timed activities or defective construction shall be
borne by the responsible party.
Page 4 of 11
ARTICLE 7—- CONTRACTOR
Execution of the Contract by the CONTRACTOR is a representation that the
CONTRACTOR has visited the site, become familiar with local conditions under which
the Work is to be performed and correlated personal observations with requirements of the
Contract Documents.
The CONTRACTOR shall carefully study and compare the Contract Documents with
each other and with information furnished by the OWNER. Before commencing activities,
the CONTRACTOR shall: (1) take field measurements and verify field conditions; (2)
carefully compare this and other information known to the CONTRACTOR with the
Contract Documents; and (3) prompily report errors, inconsistencies or omissions
discovered to the OWNER.
Within ten (10) days of notification of award, and prior to commencement of work, the
CONTRACTOR shall obtain and forward to OWNER a Performance Bond and a
Payment Bond representing 100% of the contract work
The CONTRACTOR shall supervise and direct the Work, using the CONTRACTOR’s
best skill and attention. The CONTRACTOR shall be solely responsible for and have
control over construction means, methods, techniques, sequences and procedures, and for
coordinating all portions of the Work.
The CONTRACTOR, as soon as practicable after award of the Contract, shall furnish in
writing to the OWNER the names of subcontractors or suppliers for each portion of the
Work. The OWNER will promptly reply to the CONTRACTOR in writing if, after due
investigation, he has reasonable objection to the subcontractors or suppliers listed.
Unless otherwise provided in the Contract Documents, the CONTRACTOR shail provide
and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities
and services necessary for proper execution and completion of the work.
The CONTRACTOR shall deliver, handle, store and install materials in accordance with
manufacturers’ instructions.
The CONTRACTOR warrants to the OWNER that (1) materials and equipment furnished
under the contract will be new and of good quality unless otherwise required or permitted
by the Contract Documents; (2) the Work will be free from defects not inherent in the
quality required or permitted; and (3) the Work will conform to the requirements of the
Contract Documents.
The CONTRACTOR shall pay sales, consumer, use and similar taxes that are legally
required when the Contract is executed.
. The CONTRACTOR shall obtain and pay for the building permit and other permits and
governmental fees, licenses and inspections necessary for proper execution and completion
of the Work.
. The CONTRACTOR shall comply with and give notices required by agencies having
jurisdiction over the Work. If the CONTRACTOR performs Work knowing it to be
contrary to laws, statutes, ordinances building codes, and rules and regulations without
notice to the OWNER, the CONTRACTOR shall assume full responsibility for such
Work and shall bear the attributable costs. The CONTRACTOR shall promptly notify the
OWNER in writing of any known inconsistencies in the Contract Documents with such
governmental laws, rules and regulations.
. The CONTRACTOR shall promptly review, approve in writing and submit Shop
Drawings, Product Data, Samples and similar submittals required by the Contract
Documents. Shop Drawings, Product Data, Samples and similar submittals are not
Contract Documents.
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. The CONTRACTOR shall confine operations at the site to areas permitted by law,
ordinances, permits, the Contract Documents and the OWNER,
. The CONTRACTOR shall be responsible for cutting, fitting or patching required
completing the Work or to make its parts fit together properly.
. The CONTRACTOR shall keep the premises and surrounding area free from
accumulation of debris and trash related to the Work.
. CONTRACTOR warrants and guarantees to OWNER, for l(one) year, upon completion
of work, that all Work will be in accordance with the Contract Documents and will not be
defective. CONTRACTOR’s warranty and guarantee hereunder excludes defects or
damage caused by:
e Abuse, modification, or improper maintenance or operation by persons other than
CONTRACTOR, subcontractors, suppliers, or any other individual or entity for
whom CONTRACTOR is responsible; or
> Normal wear and tear under normal usage.
ARTICLE 8 —- CHANGES IN THE WORK
l.
After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change in the Work. The OWNER, without invalidating the
Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time
being adjusted accordingly.
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 Nashua Police
Department and the OWNER’s 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
—
Time limits stated in the Contract Documents are of the essence to the Contract.
Ifthe 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
1.
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.
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10.
I.
i2.
Once every thirty (30) days, the CONTRACTOR may 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
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 shall promptly pay each subcontractor and 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
supplier. —
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 shail 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 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.
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