Finance Committee

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: December 9, 2020

Re: Multi-Year Contract Award — Cartegraph Expansion for DPW Implementation

Pursuant to NRO: § 5-74/B: A contract that extends from the current fiscal year into succeeding

fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the

City.

THE CITY OF NASHUA “The Gate City"

December 9, 2020
Memo #21-065

Adwunistrative Services
Purchasing Department

TO: Mayor Donchess
Finance Committee

SUBJECT: Cartegraph Software Expansion in the amount of $17,283.33 funded from account 71228
Computer Software

Please see attached communications from Bruce Codagnone, CIO/IT Director, dated October 21, 2020 for
project specific details related to this purchase. Below please find a summary of the purchase approval

CONTRACTOR:

Date:

By:

Print Name:

Date:

(Authorized Representative)

AG -7of7

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect
to all covenants, agreements, and obligations contained in the Contract Documents.

9.04 Severability

J. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.

K. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.

ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents

A. — Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the
General Conditions, OWNER shall hold 2% retainage of the escrow account balance during the 1 (one) year
warranty period and release it only after the project has been accepted.

ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS

7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:

C. Clarifications as set forth CONTRACTOR’S Bid Proposal, as incorporated herein and
attached hereto as Exhibit A.

ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.

B. Applications for Payment under this agreement shall be submitted electronically via email to

Substantial completion is defined as that point in time at or after commissioning when the local
power utility, Eversource, accepts the facility as a “merchant power plant” satisfying the requirements of grid
interconnection to transport and receive compensation for the power/energy it delivers to Eversource.

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2020 by and between
the City of Nashua, New Hampshire (hereinafter called OWNER) and Bancroft Contracting Corporation
and its successors, transferees and assignees together (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:

Jackson Mills Dam in the 1980s. Bancroft has extensive experience at this unique dam and
competitive pricing.

Timeline

The timeline of this project is extremely sensitive to completing the work in low flow conditions,
generally late summer into early fall. As such, part of selecting a general contractor is their
ability to deliver the installation during the summer and fall of 2021.