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11. 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.

12. 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.

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

Page 9 of 12

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

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.

2. 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.

Page 10 of 12

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.

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 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 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.

Page 11 of 12

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. If additional 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) Forcier Contracting & Building Services, Inc.
(signature)

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

Date Date

Page 12 of 12

Crown Hill Pool Building Upgrades
Bid Specification Pricing Schedule
IFB0643-101819

Material and labor to include the following tasks:

All disposal fees will be no charge at the Nashua Landfill

Roof
e Strip and dispose of existing roof layers
e Furnish and install new lifetime architectural shingles (color tbd)
e Furnish and install new white 8” aluminum drip edge
Fumish and install ice and water shield 6 ft up on soffits and valleys
All pipes receive new flashing boots
e Fumish and install up to 64 sq ft of damage or rooted plywood if necessary

Cost 17, OPS. OO

Exterior doors
e Remove and dispose of 4 existing metal exterior doors. Save all locking knobs
e Fumish and install 4 new metal doors into existing steel welded frames
e Install existing locking door knobs
¢ 1 door to have louvered bottom to match existing Ss yo, ? 5, gO
Cost

Siding
e Remove and dispose of existing plywood siding at building gables
e Furnish and install approx. 400 sq of white paintable plastic V match vertical board siding
e Fumish and install approx. 75 linear feet x 12” vented vinyl soffit
e Furnish and install approx. 170 linear feet of metal wrap on existing wood trim

Cost YD Od SO

Counter tops
@ Remove and dispose of girls and boys bathroom counter tops
@ Remove and dispose of 3 sinks and faucets
e Install new laminate counters (color tbd)

e Install 3 new porcelain sinks and faucet kits oS
Cost 7. PE,

Total Cost 3 “t, 207. ~

Please describe the warranty period for each task

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24 MERRIMACK ST
NASHUA, NH 03064
FAX: (603) 882-8863
OFFICE: (603) 882-6871
MOBILE: (603)235-1006

NG
—— NASHUA, YR

{603) 282-6877 Proposal
PREPARED FOR: Scott Painter | -
JOB ADDRESS: Crown Hill Pool
PREPARED BY: Rocky Hanson ON 4/24/19

Material and Jabor to include:

Roof

Strip and dispose of existing roof layers

Furnish and install new lifetime architectural shingles (color thd) (32)
Furnish and install new white 8” aluminum drip edge

Furnish and install ice and water shield 6 ft up on soffits and valleys

All pipes receive new flashing boots

Furnish and install up to 64 sq ft of damage or rooted plywood if necessary

Exterior doors

Remove and dispose of 4 existing metal exterior doors. Save all locking knobs
Furnish and install 4 new metal doors into existing steel welded frames

Install existing locking door knobs

1 door to have louvered bottom to match existing

Remove and dispose of existing plywood siding at building gables

Fumish and install approx. 400 sq of white paintable plastic V match vertical board siding
Furnish and install approx. 75 Jinear feet x 12” vented vinyl] soffit

Fumish and install approx. 170 linear feet of metal wrap on existing wood trim

Counter tops

Remove and dispose of girls and boys bathroom counter tops
Remove and dispose of 3 sinks and faucets
Instat} new laminate counters (color thd)
Install 3 new porcelain sinks and faucet kits
Total $34,200.00

Please call me with any questions/concerns.
Thank You, John (603) 2350733

THE CITY OF NASHUA “The Gate Cty’

Administrative Services

Purchasing Department

January 30, 2020
Memo #20-077

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PORTABLE TOILET CONTRACT (VALUE: $32,140)
DEPARTMENT: 177 PARKS AND RECREATION; FUNDS: GENERAL AND TRUSTS

Please see the attached communication dated January 30, 2020 from Nicholas Caggiano,
Superintendent Parks and Recreation 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 Superintendent of the Parks and Recreation Department, Board of Public Works (1/30/2020 Meeting)
and the Purchasing Department recommend the award of this contract in an amount of $32,140 to United
Site Services of Haverhill, MA.

Re LG

an Koéken

Purchasing Manager

Ce: N Caggiano L Fautex

229 Main Street ¢ Nashua, New Hampshire 03061 « Phone (603) 589-3330 Fax (603) 589-3233 -

To:

From:

Re:

B. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: January 30, 2020

Nicholas Caggiano - Superintendent
Parks and Recreation Department

Contract for Portable Restroom Rental and Service.

To approve the purchase of Rest Room Services with United Site Services of
Haverhill MA for the 2020, 2021, 2023 portable restroom contract for the annual
sum of $32,140.00. Funding for the contract will be through Department: 177
Park & Recreation; Fund: General and Trusts; Account Classification: 54
Property Services.

Quote from United Site Services.

This purchase will continue to provide portable restroom services at a rate of
$119.00 per month and ADA units at $169.00 per month. The contract was
advertised through the Purchasing Department. The bid was sent to 7 vendors and
was advertised through the Bid Express System. One bid was received. The bid
came in much higher than anticipated. We met with the vendor and negotiated the
rate down and they have agreed to hold these rates through 2023. This rate is
lower than the current NH state Bid.

Currently we seasonally provide 32 units at various parks and playgrounds
through out the city. The units are serviced 2 times per week. The majority of the
units are in place from Mid-April through Early November. The Superintendent
and Purchasing Manager recommends awarding the purchase to United Site
Services.

CONTRACT FOR INDEPENDENT CONTRACTOR

PORTABLE TOILET RENTALS
IFB0945-112519

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

UNITED SITE SERVICES NORTHEAST, INC
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

1069 SOUTH MAMMOTH ROAD, MANCHESTER, NH 03109
ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from
time to time requires the services of an Independent Contractor ; and

WHEREAS, it is deemed that the services of an Independent Contractor herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree
as follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B-- Pricing Summary

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 Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the
written change order or the fully executed City of Nashua Purchase Order shall control over the terms
of the Proposal.

AG 1 of 3