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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 OF 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

2. 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.

3. If the 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
TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL

The OWNER, in its sole discretion, shal] 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 all 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.

Page 8 of 11

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.
. 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.

€, 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 ihe 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.

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 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:

1. Immediately discontinue work on the date and to the extent specified in the notice.
. Provide the OWNER with a list of all unperformed services.

3, 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.

4. 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.

5. 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.

Page 9 of 11

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, subcontractors, 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
detivered 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 dispute be submitted to the Nashua Police Commission for resolution. If the
parties are dissatisfied with the decision of the Nashua Police Commission, 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.

Page 10 of 11

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- MISCELLANEGUS PROVISIONS

I.

2.

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

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.

If additional testing is required, the CONTRACTOR shall perform these tests.

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)

Dette

Date

Page 11 of 11

THE CITY OF NASHUA “The Cate City

Financial Services

Purchasing Department

March 9, 2017
Memo #17-099

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: NPD MAIN FIRE PANEL REPLACEMENT (VALUE: $26,532)
DEPARTMENT: 150 POLICE; FUND: TRUST FUND BUILDING AND IMPROVEMENTS

Please see the attached communication from Karen A. Smith, Business Manager dated February 8, 2017
for the information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Nashua Police Department Business Manager and the Purchasing Department recommend award of
this contract in the amount of $26,532 to Stellos Electric Supply, Inc. of Nashua, NH.

Respecttully, 7

~" ‘Dan Kooken
Purchasing Manager

Cc: K Smith A Lavoie

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

NASHUA POLICE
DEPARTMENT Date: 8 February 2017

Intradepartmental Communication

To: Dan Kooken, Purchasing Manager
From: Karen A. Smith, Business Manager

Subject: Nashua Police Department Fire Panel Replacement

During the NPD generator project, it was identified that our fire alarm panel was malfunctioning and
beyond the service life. Three quotes were obtained from the following vendors:

VENDOR NAME ADDRESS AMOUNT
Stellos Electric Supply Nashua, NH 26,532.00
BK Systems Pembroke, NH 29,500.00
R.B. Allen N. Hampton NH 57,800.00

The Nashua Police Department recommends the contract to the lowest quote received from Stellos
Electric Supply in the amount of $26,532 for the replacement of the fire panel at the Nashua Police

Depariment.

Sincerely,

Zen of Bb

Karen A. Smith
Business Manager

_a Ee

Electrical Contractors Since I 954

i
8

January 6, 2017

Nashua Police Department
O Panther Drive
Nashua, NH 03061

Attn: Gerry Pilon
Reference: Fire Alarm Panel and device change

We are pleased to provide aur proposal for Scope of work presented.
Qualifications:

® Remove (2) existing fire alarm panels.
Supply and install the following:

(2) New FC! 5-3 SLP-RED fully addressable fire alarm panels.
Battery cabinet

(2) 12 Volt 18 amp hour batteries.

(3} Multi mod 6 zone interface module

(2) 8 amp hour power boosters

{4) 12 volt 7 amp hour batteries (2) class A conversion boards
LCD-7100 remote annunciator

(76) Addressable smoke detectors

(48) addressable heat detectors

(16) addressable pull stations

(5} duct smoke detectors

(8) addressable monitor modules

(1) System programing and testing.

Note: Price is based on using all existing wiring.
Existing horn strobes to remain as is.
Job is priced to be done on normal working hours.

Stellos Electric Supply, Inc.
125 Northeastern Blvd.- PO Box 409- Nashua, NH 03062 - 603-882-3126 FAX 603-882-0128
stelloselectric.com

Electrical Contractors Since 1954

Base bid for the above work — $26,532.00

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
stelioselectric.com

To:

« K | QUOTATION

27 Sheep Davis Road Pembroke, NH 03275

11/17/2016 Page of1

(603) 647-8775 # N 16610ALT1
Project: Nashua Police Station

1 Panther Drive

Nashua, NH 03062

Nashua Police Station
1 Panther Drive
Nashua, NH 03062

Sales Person: Nik Webster

Attn: Gerry Pilon
Fire Alarm System Replacement
Quantity Model # Description
1 NFS2-640 Intelligent, Addressable Fire Alarm Control Panel
to include:
1} CPU2640 w/ Two (2) SLC Loop
2) Keyboard and Display
2) CPU2-640 Display Plate
4) Blank Filler Plate
5) Battery Dress Panel
6) Blank Dress Panel
7) Cabinet Door
8) Cabinet Door
9) Batteries
10) Loop Expander Module
2 HPFF8 8A Booster Panel w/Class A Module & Batteries
1 YM9736 Weatherproof Annunciator Cabinet
1 FDU-80 LCD Annunciator
16 NBG-12LX Addressable Dual Action Manual Pull Station
76 FSP-851 Addressable Smoke Detector w/Base
48 FST-851 Addressable Heat Detector w/Base
6 DNR Addressable Duct Smoke Detector
1 MBT-1 Municipal Box Transmitter Module
6 FMM-1 Addressable Monitor Module
1 FCM-1 Addressable Control Module
8 FRM-1 Addressable Relay Module
1 Sél System Installation, Programming, 10% Test
1 PERMIT Fire Alarm Modification Permit
Total Cost $ 29,500.00
Notes:

1) Total cost based on engineer design drawings, changes by the AHJ may carry an additional cost.

2) Above Quotation is based upon acceptance of delivery within one year.

3) All equipment furnished carries a full one year guarantee.

4) Above Quotation is firm for thirty (30) days.

5) Required Riser type drawings are included in quoted price.

6) Price quoted includes final connections, system programming and a test of the

systems by a factory trained technician operating out of the Goffstown, NH office.
In Addition, BK Systems, Inc. will de a full system test and inspection with the local

fire department.
Thank You

ee ee Allen

NE 1-600-258-7264
FAX (603) 964-8885 Co, 0. Box ae
131 Lafayette Rd.
No. Hampton, NH 03852
(603) 964-8140

November 3, 2016

Nashua Police Department
One Panther Drive
Nashua NH 03061

Dear Jerry Pilon,

We are pleased to submit the following quotation for the Fire Alarm Control Panel replacement. The
components for the existing system are no longer available from the manufacturer. In the event of a
system failure we may not be able to repair the system.

Scope: -Replace existing fire alarm control panel with a new EST3 addressable FACP
-Replace all existing initiation devices with new addressable
-Replace existing annunciator with new LCD annunciator
Existing hom and strobes to remein
-Add relays for elevator recall interface
-Add monitor modules for sprinklers flow and tampers
-Test the system with Nashua Fire Department
-Pravide 3yr Warranty on the new material provided.

Equipment: (1) 3-CABI4B — wall box for 2 3-CHAS7
(1) 3-CAB14DR — red door package
(1) 3-CHAS7 ~ mounting chassis
(1) 3-CPU3 ~ main control for FACP or network node
(1) 3-LCD — main display for FACP or network node
(1) 3-12/SIRY — switch displays
(1) 3-PPS/M ~ primary power supply with monitor module
(2) 3-SSDCi ~ single analog/addressable signature loop
(1) 3-1DC8/4 — class B conventional input/output module
(1) 3-RS485A - class A network comm. module
(2) 3-XFP ~ blank plate
(4) 3-LRMF = local rail filler
(1) 3-LCDANN -— LCD only ann
(1) RLCM/S ~ flush wall box for 3-LCDANN
(1) XL8 — Spaceage cabinet
(2) BPS-10A - 10 amp signal panel
(76) SIGA2-PS — smoke detectors
(48) SIG2-HFS ~ fixed temp heat detectors