Search

Jim Donchess
Mayor e City of Nashua

AL

To: Board of Aldermen

Filed With: — Patricia Piecuch, City Clerk

From: Jim Donchess
Date: May 9, 2018
Re: Emergency PO Request — Emergency Contract with Crisp Contracting LLC for

$13,000 to perform sewer repairs

Pursuant to 5-90 (G) of the NRO, | have authorized an Emergency Purchase Order to Crisp
Contracting LLC to perform sewer repairs.

By way of background, the 12 inch concrete sewer requiring repair was constructed in the late
1800's and served a densely populated area with many multi-family buildings..

Included is a copy of an e-mail from Amy Gill, Senior Staff Engineer explaining the
need for this emergency work, a copy of the quote from Crisp Contracting LLC and
a copy of the original PO dated May 4, 2018 for $9,000 which was less than the
threshold requiring approval.

Crisp was onsite in less than 24 hours after evidence of the collapse was provided
using video inspection reports from the Wastewater Department. Crisp installed
12 feet of new pipe and one service connection.

Additional work was required which increase the cost from $9,000 to $13,000
which does require approval.

Thank you,
cc: DPW Administration

229 Main Street » PO Box 2019 + Nashua, New Hampshire 03061-2019
603.589.3260 + fax 603.594.3450 * NashuaMayor@NashuaNH. gov
www.NashuaNH. gov

Kooken, Daniel

RS SSS SSS SSG SVU cass

From: O'Connor, Carolyn
Sent: Wednesday, May 09, 2018 8:27 AM
To: Griffin, John; Kooken, Daniel
Subject: FW: 33 Ash Street - Emergency Sewer Repair
Attachments: crisp quote ash st.pdf
Dan & John,

Please see Amy’s email below regarding the emergency change order for Ash Street Sewer Repair.

Carolyn

Finance & Administration Manager
City of Nashua, New Hampshire

(P) 603.589.3135

(F) 603.589.3169

From: Gill, Amy

Sent: Tuesday, May 08, 2018 5:20 PM

To: O'Connor, Carolyn

Cc: Fauteux, Lisa; Patrician, Andy; Dookran, Stephen
Subject: 33 Ash Street - Emergency Sewer Repair

Carolyn,

As we discussed, PO 140530 for $9,000 to Crisp Contracting, Inc was to initiate an emergency repair to a collapsed sewer near 33 Ash Street. Two
Contractors were contacted and Crisp Contracting could complete the emergency repair on Saturday at a cost of $13,000. The 12 inch concrete sewer requiring
the repair was constructed in the late 1800’s and served a densely populated area with many multi-family buildings. Crisp installed 12 feet of new pipe and one

service connection. Crisp was onsite in less than 24 hours after evidence of the collapse was provided using video inspection reports from the Wastewater
Department.

Please increase the PO to $13,000 to cover the original estimated cost of the emergency sewer. Attached is the original quote and PO.

Thank you.

Amy Prouty Sill
Senior Staff Engineer

Engineering Department
Division of Public Works
9 Riverside Street
Nashua, NH 03062

(603)589-3146

ORIGINAL

PURCHASE ORDER NUMBER
140530

This number must appear on all invoices, packages, cartons, billpf lading and packing slips.

Bill To:
05/04/2018 CITY OF NASHUA
ATTN: ACCOUNTS PAYABLE
Vendor. aqaae PO BOX 2019
229 MAIN STREET
CRISP CONTRACTING LLC a
7 BARTLETT AVE NASHUA NH 03061-2019
NASHUA NH 03064 * .
Ship To: pygiic woRKS ADMIN-ENGINEERING
CITY OF aa ae
9 RIVERSIDE STREET
JACK CRISP NASHUA NH 03062
Buyer: DANIELLE GREENBERG Requester: DIANE THIBODEAU
Phone: 603-589-3330 Requisition: 47473
LINE Qty |juom . DESCRIPTION UNIT PRICE | EXTENDED PRICE!
1 9,000.00 EA | EMERGENCY SEWER REPAIR 1.00 9,000.00
Emergency Sewer Repair on Ash
Lobb Detail: Seiten ee a tt ano
mergency Sewer Repair on As re jot to exceed $9, —_—
Purchase Order Summary
Order Total: ( $9,000.00
Ne
Total Amount: $9,000.00

This purchase order is subject to the City of Nashua Standard Terms and Conditions, which
are available on the City's website at www.nashuanh.gov/purchasing

COPY

Page: 1 of 1

om Vien

Dan Kooken
Purchasing Manager

City of Nashua
PO Box 2019 229 Main Street
Nashua, NH 03061-2019

CONTRACTING LOC

Crisp Contracting LLC
7 Bartlett Ave

Nashua, NH 03064 Payment Terms Due upon receipt
asnua, invoice # 008758
Phone: (603) 886-1984 Date 05/06/2018
Email: crispcontracting@gmail.com PO # 140530
Fax: (603) 886-8776
Web: www.crispcontracting.com
Description Total
Emergency Sewer Repair /3 OCD
Ash Street /
Subtotal 13 ) COO
Total 3 OOO
yee

Page | of 1

2) THE CITY OF NASHUA Heenee

Financial Services

Purchasing Department

May 10, 2018
Memo #18-139

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CALE AMERICA PAY STATION CONTRACT (VALUE: $53,980)
DEPARTMENT: 166 PARKING OPERATIONS; FUND: GENERAL

Please see attached communication from Tim Cummings, Director of Economic Development dated April
29, 2018 for the information related to this purchase.

Pursuant to NRO § 5-84. Special purchase procedures. A. The competitive bidding process shall not
apply to the following special purchases: (7) Purchases under extensions of contracts when no price
increase exceeds 10%.

The Director of Economic Development and the Purchasing Department recommend approval of this
contract in an amount of $53,980 from CALE America, Inc. of Clearwater, FL.

Respectfully

Y Dan Kooken
Purchasing Manager

Cc: T Cummings J Graziano

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

THE CITY OF NASHUA “The Gate City”

Economie Development Division — Parking Department

Office of the Mayor
TO: Mayor Jim Donchess, City of Nashua
FROM: Tim Cummings, Economic Development Director
DATE: April 29, 2018
RE: CALE America, Inc. 3 Year Contract: Pay Station Data and PartSmart Charges

Request

The Parking Department is requesting approval to contract with CALE America, Inc. for a term of three
years for the services of Pay Station Data Charges and PartSmart Program. The term of this contract
began on February 15, 2018. This is in hold over contract status and needs to be reauthorized.

The attached contract also includes a provision for two additional one-year extensions should the City
decide to continue the relationship beyond the first three years. The Data Charges comprise of the
communications and Web Office, and the PartSmart Program covers replacement parts for the pay
stations. This is a sole source vendor for the Pay Stations. This contract also maintains original contract
pricing should the City decide to purchase additional pay stations in the future.

\

Background

In 2012, the City entered into a 3 year contract with CALE America, Inc. for the purchase of twenty pay
stations. The initial purchase consisted of the 16 pay and display pay stations on Main Street and four
pay by space pay station in the Elm Street and High Street parking garages. The contract also covered
access to the CALE Web Office, the annual data charges, and PartSmart coverage.

The CALE America, Inc. pay station system here in Nashua has proven to be user-friendly and easier for
the City to maintain over the past five years. Additionally, the rugged housings, internal components, and
solar charged batteries have stood up against all types of weather conditions and the down time with these
machines has deen limited allowing for a better customer experience and more efficient

operation. Furthermore, the pay station system has provided the City with real-time data and reporting,
immediate notification of system alarms, and more accurate revenue data for auditing purposes.

Thank You.

229 Main Street, Suite 234 e Nashua, New Hampshire G3060 » Phone (603) 589-3106

City of Nashua, New Hampshire

Nashua's Share of the Hillsborough County Tax Apportionment

Last Ten Fiscal Years
{based on percentage of equalized value)

Total Equalized Values

NH Department of Revenue Administration

Fiscal

Year Nashua County Nashua's %
2021 $ 10,543,704,419 $ 47,317,539,672 22,783
2020 11,880,404,376 53,414,410,320 22.242
2019 10,982,386,438 50,142,003,784 21 903
2018 10,483,845, 142 46,973,213,021 22.319
2017 9,622,829,137 44,051,733,277 71.844
2016 9,162,709,894 42,379, 187,890 21,621
2015 8,684,907, 808 40,242,829,534 21,581
2014 8,386, 760,928 38,831,207,211 21,598
3013 7,949,863,821 37,627, 191,420 21 128
2012 $,248, 187,902 38,621 608,517 21 356

Data Source

%

Apportionment of County Tax Levy

Fiscal County Nashua's Nashua's Nashua's Share Nashua's Share
Year Tax Levy Share % Share $ § Change % Change
2021 $3,921,321 32.24% $ 11,993,150 $§ 182,996 002 %
2020 53,414,410 22.11% 11,810,154 (224,424) {0.02}
2019 $3,921,321 22.32% 12,034,578 213,783 0.02
2018 $4,113,661 21.84% 11,820,795 343,005 0.03
2017 53,086,847 21.62% 11,477,790 457,573 0.04
51,063,836 21.58% 11,020,217 637,166 0.06
48,074,150 21.60% 10,383,051 619,156 0.06
46,213.110 21.13% 9,763 895 343,708 0.04
44,109.420 21 36% 9.420, 187 (149,519) (9.02)
44,109,421 21.69% 9,569,306 152,683 0.02

Loe

CALE AMERICA INC. GENERAL TERMS AND CONDITIONS

All orders (“Orders”) are subject in all respects to these General Terms & Conditions. Additional Special
Terms & Conditions will apply to certain Orders and are set forth herein following the General Terms &
Conditions. Both the General Terms & Conditions and the Specific Terms & Conditions, as applicable,
shall be deemed incorporated into and an integrated part of the Order. Cale America Inc. (“Cale”) and
Customer agree to be bound by the General Terms & Conditions and the Specific Terms & Conditions, as
applicable.

1. CONTRACT. Unless for a trial period (such transaction a “Trial”}, executing and tendering an Order to
Cale, Customer is entering into a contract to lease (such transaction, a “Lease”), rent (such transaction, a
“Rental”) or purchase (such transaction, a “Purchase”), and Cale is committing to lease, rent, or sell, as
the case may be, the products described on the Order (the “Products”) in accordance with these General
Terms & Conditions, the Specific Terms & Conditions, if any, and the terms set forth on the face of the
Order. Cale shall maintain ownership of any Products rented, leased or on Trial hereunder throughout
the term. Customer has the option to add features, functionality and related services as they become
available at prices agreed upon by Cale and Customer.

2. PAYMENT TERMS. Unless a Trial, Cale shall invoice Customer on a monthly basis, and such invoices
shall be due and owing in full thirty (30} days from the date of invoice.

3. SALES TAX. Customer shall pay all sales, use, value-added and other similar taxes, however
designated, which are levied or imposed by any state, county or other jurisdiction upon the Products
including any pre-installed operating software (the “Programs”}, or upon the services or payments under
the Order (unless Customer can establish to the reasonable satisfaction of Cale that it is exempt from
any such taxes). Customer’s obligation to pay any tax as provided herein applies to any tax Cale is
required to collect under any existing or future law and shall be paid to Cale promptly on demand if not
collected by Cale with Custamer’s initial Order.

4. TERM. The term (“Term”) shall be for that specific time period or duration as set forth in the Specific
Terms & Conditions or in the Order.

5. CANCELLATION. The The Customer can cancel this Agreement at any time and pay Cale a prorated
amount for all services performed up to that date.

6. INSURANCE. Each of Cale and Customer shall maintain a policy of comprehensive general liability
insurance with a limit of not less than $1,000,000 for each occurrence and a general aggregate limit of
not less than $2,000,000, as well as all other insurance coverages required by applicable law.

7. INDEMNIFICATION, Each of Cale and Customer shall defend and indemnify the other and the other’s
officers, directors, employees and agents, and their respective successors and assigns, from, against and
in respect of, any liability, loss, cost, damage, expense or payment, including reasonable attorneys’ fees
and expenses, incurred or suffered by such indemnified person with respect to any and all claims,
controversies, legal actions and proceedings brought by or on behalf of any third party arising out of or
in any way related to the indemnifying party's gross negligence, willful misconduct, breach of applicable
laws or breach of the Order.

8. FORCE MAJEURE. Neither party shall be liable to the other for any delay or failure to perform its
obligations under the Order to the extent such delay or failure is caused by any event beyond the
reasonable control of such party. Notwithstanding the foregoing, in no event shall the provisions of this
Section 9 apply to any of Customer's payment obligations under the Order.

9. TERMINATION. Cale shall have the right to terminate this Order if the Customer breaches or defaults
on one or more of its obligations contained herein.The City will have 60-days to cure breach of
default. in such cases, Customer agrees to give Cale full access to its Products.

10, COOPERATIVE PURCHASES (“PIGGYBACKING”). It is the express intention of Cale to allow
cooperative purchasing or “piggybacking” off of all of its contracts provided that the governmental
entities seeking to take advantage of cooperative purchasing have complied with all applicable local,
state and federal laws, rules, and regulations.

11. MISCELLANEOUS. Absent a previously signed and unexpired contract between Customer and Cale
with respect to the Lease, Rental or Purchase of the same Products covered by the Order, the Order
contains the final agreement of Cale and Customer with respect to the matters covered therein. If the
parties agree to utilize Customer’s standard terms and conditions, the terms of the Order shall continue
to control absent a directly contradictory provision in Customer's terms and conditions. Other terms: (i)
any additional terms and conditions contained on the face of the Order shall supersede any contrary or
inconsistent terms or conditions contained in these General Terms & Conditions and Specific Terms &
Conditions, if applicable; (ii} no modification of the terms of the Order shall be valid without written
authorization of Cale; (ili) no prior course of dealing between the parties hereto nor usage of the trade
shall be relevant to supplement or explain any term used in the Order; and (iv) should any of the
provisions of the Order be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of any remaining provisions.

12. GOVERNING LAW; VENUE. The Order shall be construed and enforced in accordance with the

internal laws of the State of New Hampshire. Except to the extent the laws of another state apply with
respect to the enforcement of a security interest under the Order, any party to the Order bringing a

legal action or proceeding against any other party arising out of or relating to the Order or the
transactions contemplated hereby shall bring the legal action or proceeding in either the

Hillsborough County {New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9th Circuit Court— Nashua

(the “Designated Courts”). Each party consents to the exclusive jurisdiction of the Designated Courts for
the purpose of all legal actions and proceedings arising out of or relating to the Order or the
transactions contemplated hereby. Each party agrees that the exclusive choice of forum set forth in this
Section does not prohibit the enforcement of any judgment obtained in the Designated Courts or any
other appropriate forum.

Check Here If Order Is For Meters And Parts

1, PRODUCT WARRANTIES. During the General Warranty Period (as defined below}, Cale
Shall replace, at no additional cost to Customer, except as otherwise provided under the Order, any

2