Search

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.

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.

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.

Qo

Page 11 of 12

Special Revenue Funds

Capital Project Funds

Community
and
Public Economic Property School
Other Fire Works Development Revaluation Department
Trust Funds Subtotal Provects, Projects Projects Projects Projects
$ - $ 1,069,415 $ . - $ “ $ - 5 “
- 700,000 . - “ fe =
50,220 1,936,316 . . * 7 -
. 31,150,437 . 431420 - - -
785,339 793,950 . “ : 7 .
1,257,530 1,642,509 - - 3,068,745 . .
- 421,894 . . .
- 16,800 - - . . D
1,798 239,600 - 55,000 . . c
2,094,887 37,970,921 . 486.420 3,068,745 -
193,172 850,727 . . 45,733
9,007 3,891,736 . F :
3,149 1,074,226 141342 C
97,641 18,778,526 ” - 15,490,158
1,995,000 1,997,525 7 TA33,232 a
5 1,672,233 - . ‘
10,859 112,573 . “ u
. 7,470,197 “ “ 21,036,314 ” a
. 965,000 - . - . “
- 695,189 - - . E D
2,308,918 37,507,932 1,341,342 7,433,232 24,036,414 435.733 15.490, 158
(214,031) 462,989 (1,341,342) (6,946,812) (17,967,569) (435,733) (15,490,158)
- - - 6,569,500 20,860,000 . 6,400,000
- - - 930,500 140,000 . -
256,751 1,198,420 . 75,000 325,000 31,652 -
(150,000) (316,452) D (325,000) - - -
106,751 881.968 : 7,250,000 24,325,000 31.652 6,400,000
(107,280) 1,344,957 (1,341,342) 303,188 3,357,431 (404.081) (9,090, 158}
6,386,199 22,026,817 48,3519 (1,066,543) (2,959,505) (217,763) 894,669
3 6.278.919 $93,371,774 $ (3,293,023) (763.355) § 397,926 § (621.844) $ (8,195,489)
{continued}

174

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) Thibeault Corporation of NE (signature)

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

Date Date

Page 12 of 12

May 30th, 2018

PROJECT NAME; Marshail st

PLAN DATED: May 24”

ADDENDUM RECEIVED:

ENGINEER/ ARCHITECT NAME: Pete Kohalmi, PE City of Nashua
Deputy City Engineer

INCLUSION, EXCLUSION AND CLARIFICATIONS

OVERALL SCOPE OF WORK FOR DEMO:

Equipment mobilization.

Supervision

Remove and replace4 CB’s.

Remove and replace Concrete curb with Granite Curbing.
Adjust frame and covers for new grades and pavement.
Loam and seed disturbed areas.

4 Catch Basins @ $4,500 each = $18,000

200 If curb removal and rest with Granite $40 If = $8,000
Remove and reset existing curb 20 If @ $20 = $400
Loam and seed 20 cy @ $22 per cy= $440

Adjust frame and covers 3 @ $500 each = $1,500
Supervision/Admin/Traffic control. Lump sum = $4,200

EXCLUSION:

Hazardous or contaminated materials.
Permits and additional bonds.
Uniformed officer traffic detail.
Removal/ relocate existing utilities.
Utility pole bracing or holding.

eo 6 @e?8e

Aaron Firman

Thibeault corp of NE
603-674-5132
Afirman.tcorp@gmail.com

THE CITY OF NASHUA The Gate Gis

Financial Services

Purchasing Department

sReramen recA We i

May 31, 2018
Memo #18-163

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CENTRAL IRRIGATION PURCHASE (VALUE: $26,220)
DEPARTMENT: 177 PARK & RECREATION; FUND: GENERAL

Please see the attached communication from Nicholas Caggiano, Superintendent of Parks and
Recreation Department, dated May 31, 2018 for 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 Parks and Recreation Department, Board of Public Works (May 31, 2018 meeting)

and the Purchasing Department recommend the award of this purchase in an amount of $26,220 to
Smart Water Management LLC of Hopkinton, MA.

Respectfully, /
Le

Dan Kooken
Purchasing Manager

Ce: N Caggiano L Fauteux

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

To:

From:

Re:

A. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: May 31, 2018

Nicholas Caggiano - Superintendent
Parks and Recreation Department

Central Irrigation Purchase.

To approved the purchase and installation of a central irrigation system from the
low bidder that met the qualifications for the sum of $26,220 from Smart Water
Management LLC of Hopkinton, MA. Funding for the purchase will be through
Department: 177 Park & Recreation; Fund: General; Activity; Central Irrigation
Project.

Quote and specifications from Smart Water Management.

The central irrigation project once completed will allow the departments
irrigation systems throughout the city to be managed through software that will be
web based. This will allow changes to be made to the systems through a PC,
phone, or tablet. The software will also provide notifications regarding and
problems that are occurring such as leaks. The software will also be able to
produce reports that will show how well the systems are preforming. This phase
of the project will include the software, and the installation of master valves,
clock modules and flow meters to the systems at Mine Falls Park, Lincoln Park,
Roussel Park, and the Vietnam Veterans Park.

The system will save both employee hours and cut down on water usage the water
reduction is projected to be at least 25%. There were three bids received for this
purchase. The bids were analyzed by the Superintendent one bid did not meet the
specifications that were requested and was disqualified. Based on this information
it is the recommendation of the Superintendent that the purchase be awarded to
Smart Water Management of Hopkinton, MA.

Aaeees THE CITY OF NASHUA "The Gate City’
@ Division of Public Works
Parks > Recreation Departarent

Board of Public Works Meeting of May 31, 2018
Parks & Recreation Department

Agenda

A. Motion: To approved the purchase and installation of a central irrigation
system from the low bidder that met the qualifications for the sum of $26,220
from Smart Water Management LLC of Hopkinton, MA. Funding for the
purchase will be through Department: 177 Park & Recreation; Fund: General;
Activity; Central Irrigation Project.

100 Concord Street » Nashua, New Hampshire 03060 « Phane (603) 589-3370 « Fax (603) 589-3485

Bid Sheet

Central lrrigaiion Swsiein Location A} Mine Falls Park =
“8 ° “ Bids 2,250

Central ligation System Location B) Lincoln Park a

Bis 9,250

Central irrigation System Location C} Rouscl Park
. 2 fo ug
Bris ez Z 30

Central Irrigation System Location Dy Vietnam Veterans Purk
- . Bails 3.25%

Cellar and server fees onan annual basis per controller fixed far 4

yours BS FO yeas

& hour irrigation traning. irrigation Assessment Audit and Mappins :
& PPE Bids A208

S-hour Manulacturer Specific Traning .
. p - Bids i, foe

Inigation Assessment’ Audit for | system

Bus ¢, 4?

pas £4E6_

Imigation Map far f swstem

Phouxe describy your warranty: Saeed arf Water | Mana. agement, £66 Wa _+#
all wick completed a post of the Combeat Ieessation Systems (1FBOS Is. Z
052679) is Praceantledt * ae [ yedrsn dns. ele of “eniapldiins All
Miring ioswts betwee en aw controller and chchon ica lle. Cantre ted ve lies

are, excluded Fon the teaccaaly aah DOP” Opsce ok, va les ac
be. documented ducing Vg. wesigehion aS8¢55 men.

Mork must be comipieied he waiv 34. Tain,

Contact Superintendent Nick Caggiine, Caggisnonieneshuanh.gov (U3) 380.3362 Nashua, NH. Parks and
Recreation Deparment with any questions.

os . : s

ii Sac te Water Management, L666,
id

Authored Simnuture _{¢

Ackiross a fO_ fT Ja, ple S4

Perna sao kee 4 @s Marte woters Wah fie meat C orn
Phone: SO & 762 SHE Fax:

Date: 23 ‘a 201

1FBOS 75-0320 18 Central bopation Systems
229 Mam Street + Nashue, New Hampshire 03001 « Phone (604) S84 3330 © Fax (6031 569.3233

Page | 6

THE CITY OF NASHUA “The Cine Ci

Terman Ver

ilar 4 ie nantes

March 16, 2G18
{FB0575-032518
CENTRAL IRRIGATION SYSTEMS
ADDENDUM 41

information incluched in this document becomes a part of ihe angmal iri

if you are submitting a peper bid, please sign below tw indicate rec ceipt of this additional information anc include ie

page with your bid submittal. if you are submitting a bid via Bid £ apress please be sure to ar rtettee ie

on the website before submitting your bid.
ADDENDUDA 1 is being issued to respond to submitted questions.
All other aspects of the orwmioal documernd remain the same.

Failure to acknowledge the addendum will result in the bid submittal being disqualified.

Sintevely,

MY ry Ww C4 s
Danielle Greenberg
City of Nashua - Purchasing Agent II
greenbergd@nashuanh poy

Addendum #1 received and incorporated into bid submitial for /FB0575-032618
Please sign and include this addendurn in your bid package.

(Au Fiz Stgenature}

3/23/2018

(Daté)

Smact Wate Managewent, boo

{Name of Firm)

FROST. -OU4GIs ALENT AWG Tt
cn Main Strect « Machida, New fosipetar G0 te Page (OOS) 8G F900 «Fa. GN; SHG AL Baas 7

addendum

iFB0575-032618
CENTRAL IRRIGATION SYSTEMS
ADDENDUM #1

UESTION:

Pipe size per location for How meter? Type of existing controller per site? Availability for internet access or do
these need to be have cellular capabilily?

ANSWER:
All four locations have 2 inch mains
All four locations will need cellular or radio communications internet is not available.
The controllers are as follows
Ledge Street 2 controllers a Rain Bird ESP 16Ix plus and a Rain Bird Esp-ME
Haines Street has 2 Rain Bird ESp 16 Ix plus controllers
Lincoln Park has a Rain Bird ESP LKME

Mine Falls Park has a Rain Bird ESP LXME

1FR0290~-030118 ADDENDUM 1 Page 2 of 2
229 Main Street » Nashua, New Hampshire 03061 ° Phone (603) 589-3330 « Fax (603) 5B9-3233