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c. Appraiser shall not use or in any manner disseminate any work product or program
under this Contract to any third party without the prior written permission of the City.

15. RECORDS.

The Appraiser shall maintain records of all details with respect to the services to be performed
under this Contract, including one complete copy of each appraisal report and related notes, for
three (3) years after delivering the report.

16. QUALIFICATIONS.

The Appraiser warrants that he or she is qualified to perform the services to be furnished under
this Contract and is permitted by law to perform such services. Appraiser’s opinion of value will
be developed competently and with independence, impartiality and objectivity. Appraiser shall
use all approaches necessary to develop a credible opinion of value. In addition, the Appraiser
certifies that the statement, which shall be appended to his or her appraisal, setting forth his or
her technical qualifications, general appraisal experience, specific experience in appraising
properties of the type involved in this Contract, the courts in which he or she has testified as an
expert witness, and other information pertinent to establishing his or her technical qualifications
is true and correct.

17. CONTRACT TERMINATION.

a. Termination for Default. If either the City or the Appraiser violates any material term or
condition of this Contract or fails to fulfill in a timely and proper manner its obligations under
this Contract, then the aggrieved party shall give the other party written notice of such failure or
violation. The responsible party shall give the other party written notice of a proposed correction
to such failure or violation. The responsible party will correct the violation or failure within
thirty (30) calendar days or as otherwise mutually agreed. If the failure or violation is not
corrected, this Contract may be terminated immediately by written notice from the aggrieved
party to the other party. The option to terminate shall be at the sole discretion of the aggrieved
party. [fit is determined for any reason the failure to perform is without the defaulting party's
control, fault, or negligence, the termination shall be deemed to be a Termination for
Convenience. This section shall not apply to any failure(s) to perform that result from the willful
or negligent acts or omissions of the aggrieved party.

b. Term for Convenience. When it is in the best interest of the City, the City may terminate
this Contract, in whole or in part by providing fourteen (14) calendar days or other appropriate
length of time written notice to the Appraiser prior to the effective date of termination. If this
Contract is so terminated, the City is liable only for payments required by the terms of this
Contract for services received and accepted by the City.

18. APPLICABLE LAW, REMEDIES.

This Contract shall be governed in accordance with the laws of the State of New Hampshire. All
claims, counterclaims, disputes and other matters in question between the City its agents and

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-017

PURPOSE: Authorizing the Mayor to enter into a Second Amendment to
the 14 Court Street Lease for Unit B with Liquid Therapy,
LLC

ENDORSERS: Alderman-at-Large Ben Clemons

COMMITTEE Finance Committee

ASSIGNMENT:

FISCAL NOTE: The City will receive $2,700.00 in lease payments as well as

approximately $590.00 in property taxes per year.

ANALYSIS

This resolution authorizes the Mayor to enter into a Second Amendment to 14 Court Street Lease
for Unit B with Liquid Therapy, LLC. The Second Amendment adds language to the lease
regarding an additional leased storage area.

Approved as to form: Office of Corporation Counsel

By: JOpwAw %, hy he.
Date: 2 Nath QOI2

employees, and the Appraiser arising out of or relative to this Contract or its breach will be
brought in the Hillsborough County Superior Court, Sothern District, State of New Hampshire.

19. NONEXCLUSIVE REMEDIES.

The remedies provided for in this Contract shall not be exclusive but are in addition to all other
remedies available under the law.

20. MODIFICATIONS.

No modification, amendment, alteration, addition or waiver of any section or condition of this
Contract shall be effective or binding unless it is in writing and signed by an authorized
representative of the City and the Appraiser.

21. SEVERABILITY.
If any term or condition of this Contract or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions, or
applications which can be given effect without the invalid term, condition, or application; to this
end the terms and conditions for the Contract are declared severable.

22. SURVIVORSHIP.

All services executed pursuant to the authority of this Contract shall be bound by all of the terms,
conditions, prices discounts and rates set forth herein, notwithstanding the expiration of the
initial term of this Contract, or any extension thereof. Further, the terms, conditions, and
warranties contained in this Contract that by their sense in context are intended to survive this
completion of the performance, cancellation or termination of this Contract, shall so survive.

23. ASSIGNMENT.

This Contract may not be assigned or otherwise transferred to others by the Appraiser without
the prior written consent of the City.

24. ENTIRE AGREEMENT.

This Contract sets forth the entire agreement between the Parties with respect to the subject
matter hereof. Understandings, agreements, representation or warranties not contained in this
Contract, or as written amendment hereto, shall not be binding on either Party. Except as
provided herein, no alteration of any terms, conditions delivery, price, quality or specifications of
this Contract shall be binding on either Party without the written consent of both Parties.

25. AUTHORITY TO BIND.

The signatories to this Contract represent that they have the authority to bind themselves and
their respective organizations to this Contract.

IN WITNESS WHEREOPF, the parties have executed this Contract as of the day and year written
below.

City of Nashua Clarus Global Solutions LLC
By: James W. Donchess, Mayor, By: Barry J. Cunningham, duly authorized
duly authorized

J

NASHUA-2015
APPEALS BID. pdf

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THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

May 11, 2017
Memo #17-122

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: SKATEPARK LIGHTING (VALUE NOT-TO EXCEED: $20,000)
DEPARTMENT: 161 STREET; FUND: GENERAL

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated May 18, 2017
for information related to this purchase.

Pursuant to NRO § 5-84 Special purchase procedures (A) (5) Purchases from a sole manufacturer,
where it is determined to be more efficient and economical to reduce costs of maintenance of additional

repair parts, supplies or services.
The City Engineer, Board of Public Works (contingent upon approval at the May 18, 2017 BPW meeting)

and the Purchasing Department recommend the award of this purchase to SK & Associates of Canton,
MA in an amount not-to-exceed $20,000.

Res ectfu A 7”

Dan Kooken
Purchasing Manager

Ce: S Dookran L Fauteux

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

To:

From:

Re:

E. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: May 18, 2017

Stephen Dookran, P.E., City Engineer
Engineering Department

David Deane Skatepark
Lighting

To approve the vendor contract for the purchase of lights and poles for the David
Deane Skatepark to SK & Associates of Canton, MA in an amount not to exceed
$20,000. Funding will be through Department 161 Street; Fund: General: Activity:
Street Infrastructure Improvements FY17.

The David Deane Skatepark that is being relocated next to Stellos Stadium off of
Stadium Drive is under construction. Currently, the existing park is open until 10 pm
and the relocated park will have the same hours of operation. Specialty lighting is
required to illuminate the skatepark due its size and challenging elements which
include deep bowls and sloping contours. It is recommended that a 5-foot candle
minimum is met for recreational skateparks.

The Engineering Dept. examined a variety of luminaries and pole types supplied by
various vendors that would provide the required lighting level.

SK & Associates was solicited to prepare a quote for the skatepark’s lighting design
due to their sound reputation on area lighting and ability to provide a quality product
within a strict construction schedule. The proposed lighting system includes tapered
black aluminum poles, BOW SX LED luminaries, round tapered aluminum 4-bolt
anchor bases and stainless steel cross arms. The LED luminaries were chosen to
meet a minimum 5 foot candle in the center of the park as well as to offer the
versatility of a manual or automated initiation cycle intended to conserve power in an
efficient manner. These types of luminaires are commonly used in parks all around
the country and especially those with extended hours of operation. The fixtures are
aesthetically pleasing along with being durable and reliable due to the pole-mount
configuration with underground wiring encased in PVC conduit. The proposed
system is cost effective and efficient.

SK & Associates was very responsive to all the City’s questions and requirements
and agreed to provide the photometric plan with pole and fixture selection at no cost
to the city. Therefore, DPW is requesting approval to award the project to SK &
Associates of Canton, MA for an amount not to exceed $20,000.00.

The need to contract with the vendor as soon as possible is due to an ordering time
expected to be approximately four to six weeks as a well as to receive the anchor
bolts early to have the concrete bases manufactured. These bases and electrical
conduits must be installed in advance of the park concrete being finished in those
locations. A separate contract for the electrical wiring will be developed when the
lighting assemblies are delivered.

Quote # 17-0671 NASHUA SKATE PARK Date: 5/10/2017

S K @associates

Page 1

To: Job/Project Name:
NASHUA SKATE PARK
_ Qty| Type | Mig [Description — ae i esas >) Price
2| POLE 1 | VISN BSX-4-FM-48LC-7-5K- VOLT-KME BK
1} POLE 1 | VISN_ | RCA-2-36-3.5-BK
2| POLE 2 | VISN_ | BSX-4-FM-48LC-7-5K-VOLT-KM-BK
1} POLE 2 | VISN_ | RCA-2-36-3.5-BK
2| POLE 3 | VISN_ | BSX-4-FM-48LC-7-5K-VOLT-KM-BK
1} POLE3 | VISN_ |RCA-2-36-3.5-BK
2} POLE 4 | VISN_ | BSX-4-FM-48LC-7-5K-VOLT-KM-BK
1] POLE 4 | VISN | RCA-2-36-3.5-BK
3} POLE5 | VISN_ | BSX-4-FM-48LC-7-5K-VOLT-KM-BK
1| POLE5 | VISN_ }|RCA-T90-36-3.5-BK
3} POLE 6 | VISN_ | BSX-4-FM-48LC-7-5K-VOLT-KM-BK
1| POLE6 | VISN_ | RCA-T90-36-3.5-BK
25°
6 STEEL VISN | RNTS-5R-7-25-12BC-136-T3.5R-BK
SUBTOTAL $15,546.00
ALUMINUM POLE ALTERNATE
2| POLE 1 {| VISN |BSX-4-FM-48LC-7-5K-VOLT-KM-BK
1} POLE 1 | VISN | RCA-2-36-3.5-BK
2| POLE 2 | VISN_ | BSX-4-FM-48LC-7-5K-VOLT-KM-BK
1} POLE 2 | VISN_ | RCA-2-36-3.5-BK
2} POLE 3 | VISN_ |BSX-4-FM-48LC-7-5K-VOLT-KM-BK
1} POLE3 | VISN_|RCA-2-36-3.5-BK
2} POLE 4 | VISN_|BSX4-FM-48LC-7-5K-VOLT-KM-BK
1] POLE 4 | VISN_ | RCA-2-36-3.5-BK
3| POLE 5 | VISN_ | BSX-4-FM-48LC-7-5K-VOLT-KM-BK
1| POLE5 | VISN_ | RCA-T90-36-3.5-BK
3} POLE6 | VISN_ | BSX-4-FM-48LC-7-5K-VOLT-KM-BK
1; POLE6 | VISN_ | RCA-T90-36-3.5-BK
6 ALUM VISN_ | RTAP-25-.188-8X4.5-136-T3.5R-BK (240845806T4-P3)
SUBTOTAL $19,653.00
TOTAL:
MFGCode {F.0.B __ ae __| TERMS ~ ee "| Lead Time”
Prices firm for entry by: 6/9/2017 Tai Shipment by: TisadT Time: Per Mig

Page 1 of 2

Quote # 17-0671 NASHUA SKATE PARK Date: 5/10/2017

Page 2

TERMS:

1) Quotation is based on SK & Associates interpretation of documents provided at the time of quote.

2) SK & Associates is only responsible for the counts provided.

3) Sales taxes are not included unless otherwise indicated.

4) Supports of any type:hangers, stems, pendants, cables etc. are not included unless otherwise noted.

5) Lamps are not included unless otherwise noted.

6) Freight is determined by each manufacturers terms, and should be verified.

7) Quotation is not “Per plans and Specifications “ unless noted and orders indicating as such will not be accepted .

8) Quotations are valid for 30 days unless otherwise noted .

9) Finishes / Colors are to be manufacturers “standard ”, unless otherwise noted.

10) Lead times for each manufacturer are not guaranteed and are “Estimated” it is the responsibility of the recipient to verify
acceptability. No additional cost incurred or associated with shipments such as delays or labor costs will be accepted or
entertained without prior written approval .

Printed: 05/10/17 14:38:04 Per: Ricky Lewis Email:

Page 2 of 2