Agenda

UltiPlay Parks & Playgrounds, Inc.
. PO Box 374 Quote
U ++ O lay, Uxbridge, MA 01569 #:2019Nashuanew

Phone: (508) 634-1497 Fax: (508) 634-6949
Email: dmartin@ultiplayus.com

To:

From:

Re:

A. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: October 24, 2019

Nick Caggiano, Superintendent
Parks and Recreation Department

Purchase and installation of a playground for the Salem Street Tot Lot.

THE CITY OF NASHUA “the Gate City’

Financial Services

Purchasing Department

October 31, 2019
Memo #20-045

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT
SURFACING FOR THE SALEM STREET TOT LOT (VALUE: $39,450)
DEPARTMENT: 184 COMMUNITY DEVELOPMENT; FUND: GRANT

Please see the attached communication from Nicholas Caggiano, Superintendent of Parks and
Recreation Department, dated October 24, 2019 for information related to this purchase.

The project area includes the 14 Court Street Building, basement lobby, storage, offices and
theatre; first floor lobby, offices and theatre and stair towers.

SCOPE
Project elements
1. Draft Fire Suppression and Alarm System Design Plans
e Prepare a preliminary plan of the fire suppression and alarm system for review with
City team including Building Safety, Facilities and Fire Marshalls Office.
e Plan shall include any and all related construction/rehabilitation required to
complete installation

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

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.

The OWNER, in its sole discretion, shall have the right to terminate, abandon, or suspend all or part
of the project and contract at will. If the OWNER chooses to terminate, abandon, or suspend 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:

11. Upon receipt of a final Application for Payment, the OWNER will inspect the Work. When
he finds the Work acceptable and the Contract fully performed, the OWNER will promptly
issue a final Certificate for Payment.

12. Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 12 ~- PROTECTION OF PERSONS AND PROPERTY

NV

10.

. The Contract Sum stated in the Agreement, including authorized adjustments, is the total

amount payable by the OWNER to the CONTRACTOR for performance of the Work under
the Contract Documents.

Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application for
Payment for operations completed in accordance with the values stated in the Agreement.
Such application shall be supported by such data substantiating the CONTRACTOR’s right
to payment as the OWNER may reasonably require.

14. The CONTRACTOR shall be responsible for cutting, fitting or patching required

completing the Work or to make its parts fit together properly.

15. The CONTRACTOR shall keep the premises and surrounding area free from accumulation

of debris and trash related to the Work.

16. Upon completion of WORK, CONTRACTOR warrants and guarantees to OWNER, for