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} THE CITY OF NASHUA "The Gate City’

Administrative Services Division

To: Finance Committee

From: Megan Caron, Arlington Street Community Center Director

cc: Kim Kleiner, Director of Administrative Services

Date: October 4, 2019

Subject: Installation of Sport Court at the Arlington Street Community Center

In completing a community needs assessment, the Arlington Street Community Center
Board agreed that a multi-purpose basketball type court for the children that participate
in activities at the Center would be a valuable asset for the community. We
researched different types of courts and determined that the product manufactured by
Sport Court of MA would meet the needs for a multi-purpose court. Due to a generous
donation from A.W. Rose, LLC in the amount of $26,500 we were able to design a
court with Sport Court of MA.

Under § 5-84 A (4) Sole-source procurements, where the proposed purchase is
manufactured by only one company, the flooring component for the sport court is
specifically manufactured by Sport Court of MA and the competitive bidding process
does not apply to this purchase.

The Administrative Services Division recommends awarding the contract for the
construction of a multi-purpose sport court at the Arlington Street Community Center to
Sport Court of MA in the amount of $25,730.

Sport Court of MA

P.O. Box 5178

Andover, M44 01810

Fel: (978) 474-4029

Fax: (978) 474-0135
sportcourtma@ comcast.net
www .sportcourtma.com

Nashua Parks & Recreation Department

Arlington St. Community Center

36 Arlington Street

Nashua, NH 03060 Proposal valid for 30 days from: 10/4/19

COMPONENT'S:
30 X 42 ( 1,260 sq. ft.) COURT

Sport Court of Massachusetts hereby submits specifications and estimates for the above project:

Includes the following options:

1 Pre Solid Siam Basketball System with 42” x 72" backboard. Reach will be - 36” or 48”.
1 Padding: Pole, Anchor, Backboard

1 Painting of Basketball & Game Lines

PROMOTIONAL LOGO'S ~ Included
1 - 6' x &' Single Color Logo $ 475
1-6 x 6 Multi Color Lego S 725

e Sport Court ~ Power Game Flooring

e Colors and layout as designed

* Installation

s 15 Year Mfg. Limited Warranty - Tile

e¢ 10 Year Mfg. Limited Warranty - Hoop and steel components
e Freight - Sait Lake City, Utah

Please note; only components listed above are included in this contract. Any changes need to be submitted
in writing and signed by the original contract signer and Sport Court representative. These changes may
incur additional charges and/or cause delays in the original time schedule.

Initial

Spart Court of MA

P.O, Box 5178

Andover, MA 01810

Tel: (978) 474-4029

OR Fax: (978) 474-0135

ur spertcourtma@comeast net
ww. sportcourtma.com

SP
co

Nashua Parks & Recreation Department

Arlington St. Community Center

36 Arlington Street

Nashua, NH 03060 Proposal valid for 30 days from: 10/4/19

SITE WORK: 30 x 42 Court
Sport Court of MA hereby submits specifications and estimates for the above project.

x Use the existing asphalt area to create the court base.

x Jackhammer where the fence posts will go and install the fence posts.

x Supply and Install 134 linear feet of 10° high black 9 gauge chain link fencing.
VALUE OF PROJECT: $ 25,730

PAYMENT SCHEDULE AS FOLLOWS:

PAYMENT BUE UPON COMPLETION OF PROJECT PER PURCHASE ORDER

ACCEPTANCE
Accepted by: Date:

Accepted for SC of MA by: Date:

CONTRACT FOR INDEPENDENT CONTRACTOR

TITLE

A CONTRACT BETWEEN

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

Sport Court of MA

NAME AND TITLE GF INDEPENDENT CONTRACTOR

P.O. Box 5178, 15 GENEVA RD., ANDOVER MA 01810
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--Scope of Services, Contract Time, Fee Schedule

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, cither 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.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor
shall furnish all services, equipment, and materials and shall perform all operations necessary and

required to carry out and perform in accordance with the terms and conditions of the contract the work
described.

AG 1 of 3

3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work by October
24,2019 which date shall only be altered by mutually approved written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. Independent Contractor shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.

4, COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed
Twenty Five Thousand Seven Hundred Thirty Dollars ($ ——-25,730.00 —)

The Contract Sum shall include all items and services necessary for the proper execution and completion
of the Work.

Unless Independent Contractor has received a written exemption from the City of Nashua, Independent
Contractor shall submit an itemized Application for Payment for operations completed in accordance with
the values stated in the Agreement. Such applications shall be supported by such data substantiating the
Independent Contractor’s right to payment as the City of Nashua may reasonably require. Independent
Contractor shall submit monthly requests for payment for services performed under this agreement
directly to:

> Electronically via email to VendorAPInvoices(@NashuaNH.gov
OR
> Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060
Please do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Applications for Payment shall be submitted no later than fifteen (15) days after the end of each month.
The City of Nashua will pay for work satisfactorily completed and accurately invoiced by Independent
Contractor within thirty (30) days from the time of approval by the City of Nashua.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective upon the date of execution
by the City of Nashua.

6. NOTICES, All notices, requests, or approvals required or permitted to be given under this contract

shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

AG 2 of 3

CIFyY OF NASHUA REPRESENTATIVE:

Megan Caron, Director

Arlington Street Community Center
36 Arlington Street

Nashua, NH 03060

REPRESENTATIVE:

John Campbell

Sport Court of MA

51 Geneva Rd, PO Box 5178
Andover, MA 01810

Any notice required or permitted under this contract, if sent by United States mail, shal] be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Independent Contractor may change the address or representative by giving written

notice to the other party.

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)

Janes Donchess, Mayor
(Printed Name and Title}

Date

(signature)

Date

AG 3 of3

(Printed Name and Title)

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK

CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT
CHOICE OF LAW AND VENUE

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June 13", 2022
City of Nashua, New Hampshire
229 Main Street
Nashua, NH 03060-2019

Attn: William “Bill” Keating
Facility Engineer

Re: WWTP Primary & Secondary Digester Coatings
IFB1092-010522

Subject: COR#801r1 — Miscellaneous Changes
Dear Mr. Keating,

We are please to provide you with the following proposal for the referenced project:

1) Primary Digester Metal Skirt Wall
A. Price: $11,300.00
B. Scope: ~2110 SE Power wash and recoat — 2cts of Sherwin-Williams SherCryl 1300 Semi-
Gloss
C. Color: “Alfalfa” TN105GN

2) Ladder on DeChlor Building
A. Price: $9,700.00
B. Scope: 20.2’ heigh, 2’ wide, cage from 6’ up to top of ladder. Sandblast & repaint. Same paint
system and color as Energy Recovery Building Stairway (Contract Alt A)
C. Color: ANSI #70 Gray

3) Wet Weather Raw Sewage Pipe Lateral
A. Price: $850.00
B. Scope: Power tool clean, prime, intermediate & finish paint with same coating system as
secondary digester steel.
C, Color: To be determined

4) Concrete Deck Coating at CSO#002
A. Price: $29,850.00 (Not to Exceed)
B. Scope:
i. Surface Preparation:
a. Clean existing concrete roof of CSO#002 of dirt, debris, vegetation, etc...
b. Remove existing concrete roof coating down to bare concrete via Ultra High
Pressure Water Jetting (“UHP”)

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Independent Contractor”, and its
successors, transferees and assignees (together “Independent Contractor’) includes any of the
Independent Contractor's consultants, sub consultants, contractors, and subcontractors

INDEPENDENT CONTRACTOR STATUS The parties agree that Independent Contractor shall have
the status of and shall perform all work under this contract as an Independent Contractor,
maintaining control over all its consultants, sub consultants, contractors, or subcontractors. The
only contractual relationship created by this contract is between the City of Nashua and
Independent Contractor, and nothing in this contract shall create any contractual relationship
between the City of Nashua and Independent Contractor's consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Independent Contractor is not a City of
Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Independent Contractor or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Independent Contractor shall be responsible for the professional quality,
technical accuracy, timely completion, and ccordination of all work performed under this
contract. Independent Contractor warrants that all work shall be performed with the degree of
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional firms with respect to services of a similar nature. It shall be the duty
of Independent Contractor to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua may have,
Independent Contractor shail, at its own expense and without additional compensation, re-
perform work to correct or revise any deficiencies, omissions, or errors in the work or the product
of the work or which result from Independent Contractor's failure to perform in accordance with
this standard of care. Any approval by the City of Nashua of any products or services furnished
or used by Independent Contractor shall not in any way relieve Independent Contractor of the
responsibility for professional and technical accuracy and adequacy of its work. City of Nashua
review, approval, or acceptance of, or payment for any of Independent Contractor's work under
this contract shall not operate as a waiver of any of the City of Nashua's rights or causes of action
under this contract, and Independent Contractor shall be and remain liable in accordance with the
terms of the contract and applicable law.

Independent Contractor shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel! assigned by
Independent Contractor to perform work under this contract. Approved key personnel shall not
be taken off of the project by Independent Contractor without the prior written approval of the
City of Nashua, except in the event of termination of employment. Independent Contractor shall,
if requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

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4, CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
independent Contractor, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

5. CHANGES TO SCOPE OF WorK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cast of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Independent
Contractor's performance under the contract. Independent Contractor shall provide to the City of
Nashua within 10 calendar days, a written proposal for accomplishing the change. The proposal
for a change shali provide enough detail, including personnel hours for each sub-task and cost
breakdowns of tasks, for the City of Nashua to be able to adequately analyze the proposal. The
City of Nashua will then determine in writing if Independent Contractor should proceed with any
or all of the proposed change. If the change causes an increase or a decrease in Independent
Contractor's cost or time required for performance of the contract as a whole, an equitable
adjustment shall be made and the contract accordingly modified in writing. Any claim of
independent Contractor for adjustment under this clause shall be asserted in writing within 30
days of the date the City of Nashua notified Independent Contractor of the change.

When Independent Contractor seeks changes, Independent Contractor shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the
City of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. The City of Nashua will then determine in writing
if Independent Contractor should proceed with any or all of the proposed change,

Except as provided in this paragraph, Independent Contractor shall implement no change unless
the City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, in its sole discretion, determines that time is
critical or public health and safety are of concern. Any verbal approval shail be confirmed in
writing as soon as practicable, Any change undertaken without prior City of Nashua approval
shall not be compensated and is, at the City of Nashua's election, sufficient reason for contract
termination.

6. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate
with Independent Contractor in the performance of its work under this contract and that such
personnel will be available to Independent Contractor for consultation at reasonable times and
after being given sufficient advance notice that will prevent conflict with their other
responsibilities. The City of Nashua also agrees to provide Independent Contractor with access to
City of Nashua records in a reasonable time and manner and to schedule items that require action
by the Board of Public Works and Finance Committee in a timely manner. The City of Nashua
and Independent Contractor also agree to attend all meetings called by the City of Nashua or
independent Contractor to discuss the work under the Contract, and that Independent Contractor
may elect to conduct and record such meetings and shall later distribute prepared minutes of the
meeting to the City of Nashua.

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Independent Contractor warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua's resolution of each matter is satisfactory to
Independent Contractor. All future questions Independent Contractor may have concerning
interpretation or clarification of this contract shall be submitted in writing to the City of Nashua
within 10 calendar days of their arising. The writing shall state clearly and in full detail the basis
for Independent Contractor's question or position. The City of Nashua representative shall render

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