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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.

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 obtaim 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 shail 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 im 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 mn
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 nght to pursue
any available legal and/or equitable remedies for any breaches of this contract except as that nght
may be limited by the terms of this contract.

Page lI 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.

2,

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 shail 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, NA (signature) CONTRACTOR (signature)

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

Date

Date

Page 12 of 12

Quote Date: 9/19/19
installation Date:Fall 2019/Spring
2020

Jeff Morin playground @Roby Fieid
Nashua NH

Contact:

Nick Caggiano
CaqgianoN@NashuaNH.gov
603-589-3370

&

Tom Morin

233 Bamberg drive

Bluffton, SC 29910
843-290-2811
jeffkratt@hargray.com

Nick Caggiano
CaggianoN@NashuaNH.gov

Green Ink LLC DBA EntelliTurf of New England, will furnish material and labor necessary to
complete the following:

IntelliTurf installation of approx 9,600sf of Playground 60 Turf with 2” padding with 9 safety fall
rating for all safety fall zones.

Site prep and Base build:
Removal of approx 200 cubic yards of wood chips, with City of Nashua to supply 3 Dump Trucks
with drivers to haul off to local landfill and be disposed of and also City Of Nashua to supply
1,200’ of nailer board to secure perimeter and contain padding zones
Spread, smooth and compact approx 200 tons of crusher run aggregate 3/4in with screenings
IntelliTurf to supply

Turf Installation:

667'x15' =10,005sf IntelliTurf Playground 60 Turf

2” PolyGreen Playground Padding in compliance for all safety fall zones

Seam Tape and Adhesive

4,500 stainless steel power staple to secure perimeter to nailer board

30,000lbs of Silica Sand Infill

9,600si to be power broom’d

Price:$109,790,00

*IntelliTurf to assume no responsibility for collateral damage to walkways.

Green Ink, info@IntelliTurf.com LLC DBA IntelliTurf of New England.
PO Box 200940 Boston, Ma 02120 — Phone: 617-899-2173
ID@Intelli uct — NewEnoland InrelliTurt

With payments to be made as follows: $36,597.00 with signed Contract and $36,597.90 due the start
day of project with all materials on site and final payment of $36,596.00 15 days after Completion.

The above prices for the installation of synthetic turf is predicated on the gross amount of turf ordered.
Built into the price is the expected amount of wasted turf due to shaping.

Green Ink, info@IntelliTurf.com LLC DBA IntelliTurf of New England.
PO Box 200940 Boston, Ma 02120 — Phone: 617-899-2173

Jb@intelliTuricom — NewEngland jntetiTuricom

SPECIAL
REPORT OF THE FINANCE COMMITTEE

OCTOBER 8, 2019

A special meeting of the Finance Committee was held on Tuesday, October 8, 2019, at 6:45 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman Michael B. O’Brien, Vice Chair
Alderman-at-Large Brandon Michael Laws
Alderman Patricia Klee
Alderman June M. Caron
Alderman Linda Harriott-Gathright

Members not in Attendance: Alderwoman-at-Large Shoshanna Kelly

Also in Attendance: Dan Kooken, Purchasing Manager
John Griffin, CFO/Comptroller
Alderman Ken Gidge
Alderman Richard A. Dowd
Steven A. Bolton, Corporation Counsel

PUBLIC COMMENT - None
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: Installation of a sport court at the Arlington Street Community Center (Value: $25,730)
Department: 110 — Arlington Street Community Center; Fund: Grant

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
SPORT COURT IN THE AMOUNT OF $25,730 FOR THE INSTALLATION OF A SPORT COURT AT THE
ARLINGTON STREET COMMUNITY CENTER. SOURCE OF FUNDING IS A DONATION FROM A.W.
ROSE CONSTRUCTION, LLC ALSO CONTINGENT OF FURTHER MOTION OF R-19-177

ON THE QUESTION

Mayor Donchess

Now Ms. Kleiner is here with Ms. Caron or Ms. Caron are you here to discuss this? Why don’t you come on up
and just tell people what is going on?

Megan Caron Thank you. My name is Megan Caron and | am here to talk about the multi-use sport court at
the Arlington Street Community Center. So this has actually been a little bit of an on-going project since
January. | got here in December and when we started programming, if you’ve ever been to the center you will
see that there is not really a feasible outdoor space. So we set out to kind of look at the options using our back
parking lot. What we found was that the best option for any type of athletic use would be a multi-use sport
court. We looked at some pavement options as well, just kind of paving over what already existed and painting
lines but it wasn’t feasible just to maintain. You would have to repave every Sish years; so in the long run we
chose sport court which is a floating tile.

Change Order Summary

CHANGE IN CONTRACT PRICE:
Original Contract Price

$339,500

CHANGE tN CONTRACT TIMES:
Original Contract Times

Substantial Completion: December 25, 2022
Final Completion: January 24, 2023

Net changes from previous Change Orders

$0

Net change from previous Change Orders

0

Contract Price prior to this Change Order

$339,500

Contract Times prior to this Change Order

Substantial Completion: December 25, 2022
Final Completion: January 24, 2023

Net Increase (decrease) of this Change Order

$61,400

Net Increase (decrease) of this Change Order

0

Contract Price with all approved Change Orders

Contract Times with all approved Change Orders

$400,900 Substantial Completion: December 25, 2022
Final Completion: January 24, 2023
RECOMMENDED: ACCEPTED: APPROVED:
By: By: By:

William Keating, P.E Mayor Jim Donchess
WWTF Project Engineer Contractor Owner
(Authorized Signature) (Authorized Signature) (Authorized Signature)

Date: Date: Date:

1FB1092-010522 WWTF Primary and Secondary Digester Coating
Change Order #1

Pagel2of 2

Finance Committee - 10/08/2019 Page 2
We also sought out a donation; Mr. Anagnost from Anagnost Companies gave us the donation for $26,500.00.
| think this is a good example of a business leader giving back to its community. As you may know, the

Marshall Street Development is right around the corner and we’ve already seen an influx in our programming
from those residents.

Mayor Donchess

Questions or comments?

Alderman Caron

Thank you. | think this is a great idea; I’ve been at the center, I’ve seen the action. | think it will really help the

neighborhood and | think your outreach has been really tremendous. So | am really happy with this and
certainly thank the donation, this is great, | think this is wonderful, good corroboration.

Mayor Donchess

So the awarding of this contract would be conditional upon the passing of R-19-177 which is on the agenda for
tonight which is the acceptance of the grant money. Any other discussion or questions?

MOTION CARRIED
PUBLIC COMMENT - None

REMARKS BY THE ALDERMEN - None

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 6:51 p.m.

Alderwoman-at-large Michael B. O’Brien, Sr.
Committee Clerk, Pro Tem

SPECIAL
FINANCE COMMITTEE

OCTOBER 8, 2019
6:45 pm Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From: Dan Kooken, Purchasing Manager

Re: Installation of a sport court at the Arlington Street Community Center (Value: $25,730)
Depariment: 110 ~ Arlington Street Community Center; Fund: Grant

PUBLIC COMMENT

REMARKS BY COMMITTEE MEMBERS

ADJOURNMENT

THE CITY OF NASHUA “the Gate Cty’

A dainistrative Services

Purchasing Department

October 4, 2019
Memo #20-039

To: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: INSTALLATION OF SPORT COURT AT THE ARLINGTON STREET COMMUNITY
CENTER (VALUE: $25,730)
DEPARTMENT: 110 - ARLINGTON STREET COMMUNITY CENTER; FUND: GRANT

Please see the attached communication from Kim Kleiner, Administrative Services Director, dated
October 4, 2079 for information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (4) Sole-source procurements, where the proposed
purchase is manufactured by only one company.

The Administrative Services Director and Purchasing respectfully request your approval of this contract in
the amount of $25,730 from Sport Court of Andover, MA.

Respectfully,

ihe

an Kooken
Purchasing Manager

Ce: K. Kleiner J. Graziano